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A78598 The charge against the King discharged: or, The king cleared by the people of England, from the severall accusations in the charge, delivered in against him at Westminster-Hall Saturday last, Jan. 20. by that high court of justice erected by the Army-Parliament; which is here fully answered in every particular thereof. Viz. The Parliaments propositions to the King. The Kings to the Parliament. The Kings condescentions to the Parliaments propositions. The overture of a treaty at Windsor. The massacre in London by vertue of the Kings commission. The coronation oath. The private articles, match with Spaine, and the match of France., King James death, Rochel. The German horse, loanes, and conduct money, privy seales, monopolies. Torturing our bodies, and slitting noses. The long intermission of Parliaments. The new liturgie sent to Scotland, calling and dissolving the short Parliament. The summoning this present Parliament. The Queens pious design, commissions to popish agents. The bringing up the northern Army. The Kings offer to the Scots of the plunder of the city. The Kings journey into Scotland. The businesse of Ireland solely cleered. The cloathes seized by his Majesties souldiers. The Kings letter to the Pope. The Kings charging the Members with his coming to the House. The list of armes and ammunition taken in his papers. ... The calling the Parliament at Oxford. The cessation in Ireland. The peace made there. The Kings protestation against popery. The letters to Marquesse Ormond. 1649 (1649) Wing C2046; Thomason E542_10; ESTC R204182 27,986 35

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Rebells when they did so often sweare they did nothing without good Authority and Commission from the King c. The information given to the Arch-Bishop of a designe amongst the Papists for a generall Massacre of all the Protestants we conceive to be no objection against the King nor can we account otherwise of it then as one of the uncertainties and unsufficiencies of your Declaration Concerning the Kings Letter to the Pope when he was in Spain An we know that his Majesty was sent into Spain by the Command of his Father to conclude a Marriage with a daughter of that Crown so we find in the transaction of that businesse that the King of Spain sent a Letter to the Pope for a dispensation and thereupon the Pope writ a Letter to the Prince which his Highnesse answered And we desire to know whether you have a Copy of the very Letter sent to the Pope for we are informed some having prepared and brought a draught of a Letter to his Highnesse he perused it and struck out such passages as reflected upon our Religion and with that alteration caused it to be sent to the Pope But that you follow a Copy of the first draught as we find it in the Franch Mercury The Kings Letter to the Pope in behalfe of the Duke of Loraigne and his Agent at Rome are of your uncertainties c. And so is the Confession of the Queen Mothers servant and whatsoever else followeth in that Paragrave besides that it no waies reflecteth upon his Majesty Concerning the unusuall preparation of Ammunition and Armes with new Guards within and about Whitehall when the King came from Scotland c. We find that upon his Majesties return from Scotland you gave him an Alarme presenting to him a Remonstrance of the State of the Kingdome laying before him to use his Majesties own words in his Declaration of the 12. Aug. Exact Col. p. 528 and publishing to the world all the mistakes and all the misfortunes which hapned since his first coming to the Crown and before to that hour forgetting the blessed condition all his Subjects had injoyed in the benefit of plenty and peace under his Majesty to the envy of Christendome We find also in the same Declaration Exact Col. p. 533. that after the King came to Whitehall great multitudes of mutinous People resorted daily to Westminster threatning and assaulting the Bishops and misusing sever all Members of either House which did not favour their designes and proclaiming the Names of many of the Peeres as evill and rotten hearted Lords Besides they made a stand at Whitehall Gate and said they would have no more Porters lodge but would speak with the King when they pleased Whereupon his Majesty provided a Guard to defend himselfe against the violence and insolence of those Tumults and Ammunition and Armes were brought thither for the same purpose Fireworks in Papists houses we refer to the uncertainties of your Declaration as we do also what followes concerning the Guards Canoneeres Granadoes c. in the Tower Sir W. Balfore we find was removed not without his own consent and upon an ample Compensation in Money And concerning the City Petitions we conceive you framed and infused them as you had done the like to your knowledge in the Countries Concerning the charge of Treason against some of both Houses and the Kings coming so attended to the House of Commons We find it a Maxime in Law Exact Col. p. 535 that in case of Treason Felony and breach of the Peace there is no priviledge of Parliament so the Members may be prosecuted in these cases as if they were not Members We find also that the King had reason to accuse those Members of high Treason since as he alleadgeth in his unanswered Declaration of the 12. of Aug. Exact Col. p. 534 he could make perticular Proofe against them of a solemne Combination entred into by them for altering the Government of the Church and State and of their treating with forraign Power to assist them in case they should fail in their enterprise of the solliciting and drawing down the Tumults to Westminster and of their bidding the People in the height of their fury to go to Whitehall Concerning the Kings coming to the House We find that first the King sent his Atturney to the House of Lords with a charge against the Lord Kimbolton now Earle of Manchester as the Atturney Generall did accuse the Earle of Bristoll in the first yeare of his Majesties Reigne and that he sent the Sergeant at Armes to the House of Commons to acquaint them that he did accuse and intended to prosecute their 5. Members for high Treason and did require that their persons might be in safe custody Whereupon you made an order and the same night published it in Print Exact Col. p. 35. that if any person whatsoever should offer to arrest the person of any Member of that House without first acquainting that House therewith and receiving farther order of that House that it shall be lawfull for such Members or any person to assist them and to stand upon his or their Guard of defence and to make Resistance according to the Protestation taken to defend the priviledges of Parliament And hence we conceive the King was necessitated to go in person unto you for the farther prosecution of that charge and for his attendance we find that he took with him only his servants and such Gentlemen as were then in the Court And that being come to the upper end of Westminster Hall before he went up the staires to the House of Commons he charged all those that accompanied him except some few ordinary servants not so much as to come up the staires nor to offer violence or injury to any person upon pain of their lives as Captain Bernard Ashly testified before your Committee at Grocers Hall which testimony you have suppressed as you did the second Examination of Col. Goring concerning the Northern Army Nor do we see why in Justice his Majesty might not have come in a forcible manner indeed to your House and against it after you had protected those Traiterous Members as the Army threatned to do when you would not give up your Members whom they had accused of high Treason And this is strange to us that you should be so sollicitous for the 5. Members and so carelesse of and injurious to the King the head of the Parliament and grant the Army what you denied the King And your undue protection of these Members against the King what was it but to use your own words the prologue to the bloody Tragedy that hath bin acted amongst us Besides in your Petition presented to his Majesty at Tibballs primo Mar. 1641. you besought kis Majesty to beleeve that the dangerous and desperate design upon the House was not inserted into the preface of your Ordinance for the Militia to cast the least aspertion upon him but
Exact Col. p. 630. That his Majesty sometimes denyed to receive your humble Petitions for Peace We conceive you meant the Petition which you sent to the Earle of Essex at Worcester about the end of Sept. 1642. to be presented to his Majesty then at Shrewsbury upon notice whereof his Majesty declared that he was ready to receive any Petition from you only he required that none of those persons whom he had particularly accused of High Treason should by Colour of that Petition be employed to his Majesty And so we accompt this charge amongst the insufficiencies of your Declaration Concerning the Overture of a Treaty at Windsor and his Majesties advance to Brainford We finde that when you sent your Messenger about this overture to the King at Colebrook the Earle of Essex being returned to London drew a great part of his forces and the London Trained Bands towards his Majesty sending others by the way of Acton on the one side and of Kingston on the other Wind for also being then Garrisoned by you so that if his Majesty had remained at Colebrook he would have been invironed by your forces Whereupon he resolved suddainly to fall upon the body at Brainford and having defeated them he made his way over Kingston and so retreated to Reading Nor was there any Cessation mentioned by your Messenger who brought that Overture to his Majesty And 't was not your feare for London or the slaughter at Brainford but the Kings escape that so much troubled you Concerning the bloudy Massacre in London by vertue of the Kings Commission Wee finde that to bee no other then a Commission of Array in English which was to have been made use of upon the Kings Motion with his Army toward the City As you had your Ordinances for the Militia ready upon all occasions to be executed in the Kings Quarters Concerning the Kings Coronation Oath We find it to be this and to be administred and taken thus Exact Col. 290. At the Coronation the Sermon being done the Arch-Bishop goeth to the King and askes his willingnesse to take the Oath usually taken by his Predecessors The King sheweth himselfe willing ariseth and goeth to the Altar The Arch-Bishop administreth these Questions and the King answereth them severally The Bishop Sir will you grant and keep and by your Oath confirm to the People of England the Lawes and Customs to them granted by the Kings of England your lawfull and religious Predecessors and namely the Laws Customs and Franchises granted to the Clergy by the glorious King S. Edward your Predecessor according to the Lawes of God the true Profession of the Gospell established in this Kingdome and agreeable to the Prerogative of the Kings thereof and the ancient Customs of this Realme The King I grant and promise to keep them Bishop Sir Will you keep Peace and godly Agreement entirely according to your Power both to God the holy Church the Clergy and the People King I will keep it Bishop Sir Will you to your Power cause Law Justice and discretion in Mercy and Truth to be executed in all your Judgements King I will Bishop Sir Will you grant to hold and keep the Lawes and rightfull Customs which the Commonalty of this your Kingdome have and will you defend and uphold them to the Honour of God so much as in you lyeth King I grant and promise so to do Then one of the Bishops reades this admonition to the King before the People with a loud voice Our Lord and King we beseech you to pardon and to grant and to preserve unto us and to the Churches committed to our Charge all Canonicall Priviledges and due Law and Justice and that you would protect and defend us as every good King in his Kingdomes ought to be Protector and Defender of the Bishops and the Churches under their Government The King answereth With a willing and devout Heart I promise and grant my Pardon And that I will preserve and maintain to you and the Churches committed to your charge all Canonicall Priviledges and due Law and Justice and that I will be your Protector and Defender to my Power by the Assistance of God as every good King in his Kingdome in right ought to protect and defend the Bishops and Churches under their Government Then the King ariseth and is led to the Communion Table where he makes a solemn Oath in the sight of all the People to observe the Premises And laying his hand upon the Book saith The Oath The things which I have before Promised I shall perform and keep So help me God and the Contents of this Book So the defence and maintenance of the Lawes Customes and Franchises of the People and Clergy and of peace and godly agreement amongst them And of Law Justice and Mercy and of the Lawes and Rightfull Customes of the Commonalty and the Preservation and Protection of the Bishops their Churches and Priviledges is the sum of the Kings Coronation Oath And is not this also the ground of his late Quarrell For why did he at first refuse to grant you the Militia but in order to his Oath Exact Col. 290. because without that Power he could not as he was bound defend the Lawes the People and the Church And why doth he refuse to passe your Bill for abolishing Bishops Deans and Chapters c. but because he is bound by his Coronation Oath to protect them And were not these the particulars first controverted between you And were there not first Bills brought into your House about them and the Bils being rejected were they not afterward revived by Tumults And these two things are they not principally insisted on in all your Propositions and Treaties And in truth you are offended with his Majesty not because he hath broke his Oath but because he will not break it And would God you were as religious observers of your Oathes so often renewed before God and the whole World 8. Ecclesias 2.17 Ezek. 16.18.19 and especially of the Oath of Supremacie wherein you protest and declare that King Charles is the onely Supreme Governour in this Realm And you promise from henceforth to beare faith and true allegiance to the Kings Highnesse his Heires and lawfull Successors and to your power to assist and defend all Jurisdiction Priviledges Preheminence and Authority granted or belonging to the Kings Highnesse his Heires and Successors and united and annexed to the Imperiall Crown And for our parts we are resolved to adhere to our Oath of Allegiance wherein we promise that from henceforth we will bear faith and true allegiance to the Kings Highnesse his Heires and lawfull Successors and him and them will defend to the utmost of our Power against all conspiracies and attempts whatsoever which shall be made against his or their Persons their Crown and Dignity Of other his Majesties Vowes and Protestations and of the pacification with the Scots c. we shall speak more conveniently hereafter
remember that by your Order the Judges of Assize gave us notice thereof At Summer Assizes 1641. and highly extolled his Majesties goodnesse in passing so many gracious Acts for us And must these grievances now after seven years redresse be objected to us against him And must the King who by your owne Law can do no wrong in these cases be prosecuted and those vile Monopolists Sir Hen. Mildmay Sir John Wollaston and M. Lawrence Whitaker and also White the Sope-boiler at Lambeth be protected and cherished by you 7. Concerning the Spanish Fleet That it was bound to Flanders with new levied Souldiers to recruit their Army there which souldiers were without Arms and without Officers as we remember the Fleet was without Powder and therefore they intended no invasion being not provided for it Concerning the torturing of our bodies by whippings slitting of noses cutting off eares c. and the Lording over our soules by Oaths Excommunications c. We find that these judgements and proceedings upon our bodies passed in due forme of Law in Courts of Justice and that the Oaths Excommunications Ceremonies and Canons were no other and no otherwise exercised then was agreeable to the Lawes and Government established But we cannot but be sensible that our sufferings in every kind have been much more during your reigne then they were in his Majesties reigne for how have you devoured our estates by Taxes Free-quarter and that Compendium of all slavery the Excize how have you destroyed our bodies by strict imprisonment and cruell starving and how have you indeavoured to damne our soules and to send us to hell by whole-sale by your illegall anti-legall disloyall Vowes Covenants and Ingagements Concerning the long intermission of Parliaments and the two Principles of Tyranny We find that the Parliament begun 3. Caroli was dissolved upon your Remonstrances See the Petition of Right 3. Carol. and we believe that thereupon followed the long intermission of Parliaments for twelve years after And that it was in the Parliament aforesaid the King avowed those Maximes or Principles that he oweth an accompt of his actions to none but God alone See the Petition of Right 3. Carol. And that the Houses of Parliament joynt or seperate have no power either to make or declare any Law which induceth us to believe that even then there was some assault made by the two Houses upon the Royall Authority which made the King to avow those principles The anti-monarchicall spirit beginning to work in that Parliament and so making the King averse from Parliaments Nor do we see how these principles are introductive of Tyranny but sure we are the contrary are destructive of Monarchy And touching the first we learn from Rom. 13.4 That the King is the Minister of God and who art thou that judgest another mans servant to his own Master he standeth or falleth Ro. 14.4 The Law also averreth that the Crown of England is in no earthly subjection but immediately Subject to God in all things touching the regality of the same Crown and to no other 16. R. 2. c. 5. And touching the second Principle the Law also tells us That it is of the Kings Regality to grant or deny such of their Petitions for that was then the usuall forme of presenting their desires as pleaseth himselfe 2. H. 5. And that 1. Jacob. 1. the two Houses craving the Royall assent to that Act confesse without it the Act cannot be compleat or perfect c. Sir Edward Cooke also in the fourth Part of his Institutes a Book printed this Parliament by your Order pa. 25. saies That there is no Act of Parliament but must have the consent of the Lords and Commons and the Royall assent of the King The same also is true concerning the declaring of Law as appeares by the 25. Edward 3. The words whereof are And because many other like cases of Treason which are not expressed in that Statute may happen in time to come it is accorded That if any other case supposed Treason which is not above specified doth happen before any Justices the Justices shall tarry without any going to Judgement of the Treason till the cause be shewed and declared before the King and his Parliament whether it be judged Treason or other Felonie Which Declaration ought to be by the whole Parliament and not by the King and Lords or King and Commons or Lords and Commons Cook Instit 3. part fol. 22. Now Innovations and Novelties in Parliamentary proceedings are most dangerous and to be refused Cook 4. part Instit p. 11. Concerning Scotland the new Liturgy and Canons and the cancelling and burning the articles of Pacification We find that the Liturgie and Canons were framed and sent thither with the advice or approbation of the Lords of the Councell of that Kingdome and if they were pursued with more vehemency then ought it must be imputed to the Ministers of that Kingdome that were trusted with it And that the Articles of Pacification were cancelled and burnt by the unanimous advice of the Privy Councell here after they had been first broken by the Scots And we cannot but wonder how you should take cognizance of transactions between his Majesty and his Subjects of Scotland especially after an Act of Oblivion Concerning the calling and dissolving the short Parliament We find that this was part of the Charge against the Earl of Strafford and the Archbishop of Canterbury though declined in the prosecution of them both and the reason hereof we conceive to be that Sir Hen. Vane Senior might not be questioned by whose false information and instigation that Parliament was unhappily dissolved that the Parliament being dissolved his Majesty tooke from his Subjects by power what he could not otherwise obtaine is one of the uncertainties in your Declaration that we except against Concerning the summoning this present Parliament and his Majesties expectation of supply against the Scots and his protecting of wicked Councellors We find that the King had little reason to hope for any assistance against the Scots knowing as he did who called them in and that from the Scots themselves whilst he was at Yorke a Secretary of the Scots Lords at Newcastle telling some English taken prisoners at Newburne That their coming in had not been but by the invitation of the English And that the King excepted no man of what quality or neernesse soever unto him from a legall triall leaving unto you the Earl of Strafford the Archbishop of Canterbury all the Judges and whomsoever you would accuse in so much that you examined and committed the Queenes Confessor and examined the Ladies of her Bedchamber and your Serjeant at Armes presumed so far as to come into the Kings withdrawing Roome next unto his Bed-chamber to cite and summon persons of greatest quality and neernesse unto himselfe Concerning the Queens pious Designe c. We find that the Queenes Designe if any were was most industriously examined by you and