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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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of those men And this we conceive to have been the sence of Mac Cart and Macquires confession by you cited And so his Majesty consented to the disbanding and sending back of that Army into Ireland which doubtlesse gave a great rise and contributed much to the Irish Rebellion But that his Majesty knew nothing of any such designe doth appeare by the confession of Macquire at his Execution who to use his own words did acquit the King upon his death and any other man in England except one and he but a private Gentleman who came by chance to the knowledge thereof from being guilty so much as of knowing it Concerning the first Clause of their Oath to beare true faith and Allegiance to King Charles We know that in all Rebellions the chiefe Authors and contrivers of them make faire pretences and specious Oaths to seduce the People to joyn with them in their undertakings And whereas they stile themselves the Kings or Queenes Army that was meerly to countenance the Rebellion if not also to raise farther jealousies between the King and you and to set you at farther odds that so upon your divisions in England they might with more ease carry on the Rebellion in Ireland Concerning the 40. Proclamations sent into Ireland Exact Col. p. 247 We find not that you ever so much as moved for any Proclamation against the Rebells but the first motion came from the Lords Justices of that Kingdome who also sent a draught of such a Proclamation as they conceived best for the suppressing of the Rebellion And whereas ordinarily the King never signes more then the first draught of a Proclamation fairly ingrossed in Parchment and by it Copies are printed and dispersed in Ireland as in England the Lords Justices and Counsell taking notice of the rumour spread amongst the Rebells that they had the Kings Authority for what they did desired that they might have 20. Proclamations sent over signed by the Kings Sign Manuall to the end that besides the Printed Copies which they would disperse according to custome they might be able to send an Origin all with the Kings hand to it to those considerable persons whom they might suspoct to be misled by that false rumour and who when they saw the Kings very hand would be without excuse if they persisted Whereupon the King signed double the number and for expedition of the service commanded them to be printed as is well known to some Lords now sitting in Parliament and then sitting with his Majesty in Counsell Concerning the Letters written to the Lord Muskery from Court We find not how it reflects upon his Majesty but that rather it is to be referred to the insufficiencies and uncertainties in your Declaration And concerning the Kings Letter to the Marq. of Ormond for giving perticular thanks to Muskery and Plunket we find it to be for the Professions of their endeavours to bring their Countrymen to moderation and obedience at that time when they were at Oxford employed by the Irish to his Majesty during the Cessation Of the delaying and detaining of the Earl of Leicester We find that the King often pressed you that he might be dispatched and sent away to Ireland and that in his Answer to your Petition of the 28. Ap. 1642. Exact Col. p. 144 it is one of the reasons of his resolution to go in person into Ireland because the Lord Lieftenant did not repaire to his command there Nor came he to his Majesty at York till three moneths after and when he had received his Majesties instructions there and took his leave with profession to go to Chester he went not according to promise but returned to the two Houses at London Two months after you commanded him to Chester where he stayed 3. weekes in Expectation of Ships to transport him and his Majesty hearing that he had neither Provision of Money nor any force to be sent with him but his own retinue the Regiments of Foot and Troopes of horse which had been raised for that service having been imployed against his Majesty at Edg-Hill and being still kept as a part of the Earle of Essex his Army considering that the Protestants there would have been much disheartned and the Rebells equally incouraged if the Lord Lievtenant had arrived in so private a manner therefore his Majesty sent for him to Oxford till he could receive better satisfaction from the two Houses concerning the preparations for that Kingdom Concerning the Commission for the Lord Brooke and the Lord Wharton We find that the Commission desired was to have been Independent upon his Majesties Lieftenant of that Kingdome and therefore his Majesty refused it Concerning Papists and others passed by the Kings speciall Warrant into Ireland named by you We find that Mr. Pym at a Conference with the Lords about the beginning of Feb. 1641. declared Exact Col. p. 69 71. 117 118. that after the Ports were shut by both Houses of Parliament divers Papists passed from hence by his Majesties especiall Warrant and headed the Rebells in Ireland whereof his Majesty having notice required him and you again and again to name any one person so passed by his Majesty and now in the head of the Rebells and you have not named any one to this day and so we must refer this to the uncertainties and unsufficiencies in your Declaration as also what followes concerning the Commanders and Officers called off from their trust against the Rebells and the supplies which the Rebells had by the E. of Antrim L. Aboine and others from the Queen And lastly concerning the peices of battery from hence desired by the Counsell of Ireland of all which no evidence or instance hath been offred unto us save only that the King commanded the two Ships under Capt. Kettleby Capt. Stradling to attend him at Newcastle having before given you notice thereof to take care for the guarding of that Coast all other his Majesties Ships besides those two being at that time at your disposall But we cannot but remember how the Earle of Leven sent Generall of the Scots into Ireland against the Rebells was called from thence to lead an Army into England against his Majesty And how many Officers both Scots and English left the service in Ireland and were employed by you here in England being necessitated thereto for the recovery of their Arreares which they could not obtain otherwise as Sir Richard Greenvile c. Concerning the Cloathes seized by his Majesties Souldiers We find that it was done about Coventry when that City stood out against his Majesty and we conceive you should have sent for a safe conduct for passing them through his Majesties Quarters Also we find that when his Majesty had taken Chester he sent over into Ireland 3000. suites of cloathes provided by you for that service although his own souldiers were in great want of them And now let all the world judge how much reason you had to beleeve the
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
Col. p. 349. that he would not engage in a War against the Parliament except it be for his own necessary defence and safety against such as do insolently invade and attempt against him or such as shall adhere unto him After that you had declared all those Delinquents who had withdrawn themselves to York and should persist to serve the King And so his Majesty did nothing contrary to his Protestations in protecting Berkwich whom you had sent for as a Delinquent for his endeavour to regain Hull to his Majesties obedience June 10. 1642. Exact Col. p. 339. you published Propositions and orders for bringing money or plate to raise an Army for the defence of the Parliament Whereupon his Majesty set forth a Declaration June 16. Exact Col. p. 351. disavowing any intention to levy War against his Parliament unlesse he should be driven to it for the security of his Person for the defence of Religion Lawes and Liberties of the Kingdome and the just Rights and Priviledges of Parliament And for those ends he excites his Subjects to bring in Money Plate Armes Horse and Horsemen in the close of that Declaration And he sends to Sir John Heydon Lievtenant of the Ordnance for Ordnance Powder Shot and Ammunition June 20. The Commission of array we find to be legall by Sir Edward Cook Instit par 4. 124. a book printed by your own Order and by Just Huttons argument in the case of Mr. Hampden fol. 39. 40. The Guard raised by his Majesty at York we find to have been one Regiment of Trained Bands commanded by their proper Col. and one Troop of Horse consisting of neere one hundred for the most part if not all of them of the Gentlemen of that Shire And the occasion of those Guards we find to be this you sent severall Committees to Hull Lincolnshire and York to perswade the People to approve of what Sir John Hotham had done at Hull and to assist him if there were occasion whereupon his Majesty raised this Guard for his own defence least Sir John Hotham should shut him up at York as he had before shut him out of Hull Concerning the Kings abusing your Committee by the Guard about him we have perused their Letters printed with your Remonstrances and find no such complaint in them The Posse Comitatus we find was never raised the high Sheriff waiting daily on his Majesty Concerning the Kings proclaiming the Parliament Traitors Exact Col. p. 185. We find that the King proclaimed none but such as the Law declareth guilty in the Statute of 25. E. 3. as Sir John Hotham for shutting the Gates of Hul against him and the Earle of Essex for leading an Army against him and he never declared the Parliament Traitors Exact Col. p 376. unlesse in your sense that whatsoever violence should be used either against those who exercise the Militia or against Hull you could not but beleeve it as done against the Parliament And concerning the Kings setting up his Standard c. We find it was not done till the 22. of Aug. at which time the Earle of Essex was marching in Battel arrray against him and if this be so is your proceeding without president Eaact Col. p. 298. your design being against Monarchy it selfe which is more then ever was attempted before for though the Person of the King hath sometimes been unjustly deposed yet the Regall Power was never before this time strucken at as his Majesty hath declared upon your nineteen Propositions presented to him June 2. Concerning the Parliament at Oxford We find that there was neither reall nor mock-Parliament set up there but that the King by his Proclamation invited the Members of both Houses driven away from Westminster to attend him at Oxford that all his good Subjects should see how willing he was to receive advice for the Religion Lawes and safety of the Kingdome from those whom they had trusted though he could not receive it in the peace where he had appointed We remember also that that body of Lords and Commons published a Declaration to the Kingdome at large setting forth the particular acts of Violence by which they had been driven from Westminster and by which the Freedome of Parliament had been taken away which you have not answered to this day And if want of Liberty or Felony and Treason supersede all priviledges of Parliament as we have been informed we doubt for all the Act of Continuation whether you be not a mock Parliament or no and whether you also may not be called a mungrell Parliament consisting of so many kinds of factions as you do And here we cannot but freely declare what we have observed from the beginning of the Parliament That there was in both Houses a party that intended the overthrow of the Government of Church and States which when they could not effect in a Parliamentary way and by free Voting they rais'd and call'd down Tumults from London to drive away those Members of both Houses that opposed them that done the aforesaid party remaining at VVestminster call themselves the Parliament of England and under pretence of serving and securing the Kingdome they enter upon the Militia and take up Armes and will never lay them down till they have wholly altered the ancient and Fundamentall Government of the Kingdome And this is our opinion of your constitution and proceedings Concerning the Cessation in Ireland VVe find by the Letters of the Lords Justices and the Counsell of Ireland to you as well as to his Majesty That the Army was in such extream want there that it could no longer subsist but must either disband or depart the Kingdome and his Majesty being not able to assist them and you who undertook to carry on that war wholly neglecting them the Enemy still increasing in strength and power with the full advice and approbation of the Lords Justices and Gounsell there and concurrence of all the chiefe Officers of that Army that Cessation was made by which only the Protestants of that Kingdome and his Majesties interest there could be preserved Concerning the Peace made in Ireland We find that the Marq. of Ormond only had power to make Peace there and that he refused to make it upon those unworthy conditions proposed by the Rebells and concerning the Earle of Glamorgan we find that his Commission was not to make peace but to give him credit in his Negotiations there for Souldiers Concerning the Kings Protestations against Poperie and his Letters to the Queen and the Lord of Ormond for taking away all penall Lawes against the Papists We find by the Treaties of the Lord of Ormond with the Irish Rebells that if his Majesty would have granted their demands in point of Religion that whole Kingdome would unanimously have declared for him and served him but such was his constancie to his Religion that he would rather hazard himselfe and his affaires in England then accept of assistance upon those
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 Cockerains Negotiation to the King of Denmark The Queenes going to Holland with the Jewells of the Crowne The Kings solemne Protestation The King proclaiming the Parliament Traytors The King setting up his Standard The calling the Parliament at Oxford The Cessation in Ireland The Peace made there The Kings Protestation against Popery The Letters to Marquesse Ormond Printed in the first Yeere of Englands Thraledome THE CHARGE AGAINST The King discharged WE unto whom for our Number Capacities and Interests the received and knowne Lawes and Constitutions of this Kingdome more justly convey the Rights of a Representative body of the Kingdome and people of England then unto any power whatsoever now through the wrath of God reigning do hereby freely and from our consciences declare before God and his holy Angells unto the whole world That we are so far from bringing his sacred Majesty unto a Tryall for any other or the Accusations in the Charge given in upon Saturday last against him that we stand fully assured admitting all and every of them true that by the cleare and revealed Will of God in his Word and the Lawes of this Realme he remaines lyable unto that supreme Judicature of Almighty God onely who hath passed an irreversible Act of Humane Indempnity unto him and his lawfull Successors And further whereby the whole world may take notice of the sence that we have of the impious insolence and unparaleld injustice of the present proceedings of the elected high Court of Justice against his Majesty We do from the whole evidence of our Consciences so berly informed hereby fully and absolutely acquit his sacred Majesty from all and every of the Crimes charged against him which as upon diligent enquiry it hath furnished us with matter abundantly to justifie his Majesties Innocence and satisfie our selves so we offer it on his behalfe for full satisfaction unto the world not knowing otherwise how to acquit our selves from the great guilt of the Approbation of the growing impieties of these times The certainty and sufficiency of which satisfaction as what onely is here proposed we will without recriminating unto the party now in power acting against his Majesty perspicuously and clearly demonstrate from the whole processe of matters betwixt his Majesty and the Parliament and the severall Overtures betwixt them since the commencement of these unhappy differences The Parliaments Propositions to the King 1 THat the two Houses shall nominate the Lords of the Privy Counsell and all the great Officers and Ministers of State and the Judges of the Land 2. That the Government of the Church by Archbishops Bishops c. be abolished and the Government to be set up shall be such as the two Houses of Parliament shall agree upon 3. That the Militia both by Sea and Land shall be disposed and executed by the two Houses of Parliament 4. That the custody and Command of the Forts and Castles shall be committed to such as shall be approved by the two Houses of Parliament 5. That all Peeres lately made or to be made hereafter shall not sit or Vote in Parliament but by the consent of the two Houses of Parliament These Propositions we find amongst the 19. which you tendred to his Majesty June 2. 1642. and we have premised them and placed them all by themselves that the world may see the true ground of the Quarrell wherein so much Blood hath been shed the Blood of Fathers Brothers and Children c. and that the world may judge who is guilty of all the Bloodshed Your Propositions concerning Papists we have omitted because his Majesty consented to them The Propositions which follow were added upon the Conjunction with the Scots and upon occasion of the Warres in England and Ireland and were treated upon at Uxbridge and tendred to his Majesty at Newcastle Hampton Court and the Isle of Wight 6. That all the Kings Declarations Proclamations c. against the proceedings of the two Houses be made null 7. That the King and all the Subjects of the three Kingdomes do take the Covenant 8. That there be a Reformation of and a unity and uniformity in Religion according to the Covenant in the Kingdomes of England and Scotland 9. That the Court of Wards and all Wardships be taken away 10. That the Treaties between the two Kingdomes be confirmed by act of Parliament 11. That the joynt Declaration of both Kingdomes of Jan 30. 1643. concerning those that adhere to the King in this War be confirmed by Act of Parliament 12. That an Act bee passed for paying the publique debts of the Kingdome 13. That the Cessation in Ireland be made void and that the Prosecution of the war be setled in the two Houses of Parliament 14. That Religion be reformed in Ireland according to the Covenant and as the two Houses of Parliament shall think fit 15. That the Deputy or chief Governour or other Governours of Ireland and the Presidents of the severall Provinces there and the Secretaries of State Mr. of the Rolles Judges of both Benches Barrons of the Exchequer the Vice-Treasurer and Treasurers of Warres of that Kingdome be nominated by both Houses of Parliament of England 16. That the Militia of London shall be governed by the two Houses of Parliament That the Tower of London be in the Government of the City and the chiefe Governour to be nominated and removeable by the Common Counsell 17. That all that hath passed under the great Seale of England in the custody of the Parliament-Commissioners be valid And that whatsoever hath passed the Kings great Seale since the 22. of May 1642. be made void As likewise whatsoever grants of Offices Lands tenements and heriditaments have passed the great
Seale of Ireland since the cessation 15. Sept. 1643. And whatsoever Honors have been conferd by that Seal since that time And now let the world judge also whether it be fit for Subjects to offer such Propositions to their Soveraign whereby you take away from the King and from the Crowne t he chiefe Power and Government of the two Kingdomes of England and Ireland and would settle it in the two Houses of Parliament And we appeale to your own Consciences whether ever any Protestant Parliament made the like assaults upon the King And whether ever any Popish Parliament attempted the like against the Crown Also let the world judge whether the King did not offer Propositions fit for you to receive at the Treaties both of Oxford and Uxbridge The Kings Propositions Exact Col. p. 912. 1. THat his Majesties own Revenue Magazine Townes Forts and Ships which have bin taken or kept from him by force be forthwith restored unto him 2. That whatsoever hath bin done or published contrary to the Lawes of the Land or derogatory to his Majesties Legall and known Power and Rights be renounced and recalled that no seed may remain for the like to spring out for the future 3. That whatsoever illegall Power hath been claimed or exercised by or over his Subjects as imprisoning their persons without Law stopping their Habeas Corpusses and imposing upon their Estates without Act of Parliament c. either by both or either House or any Committee of both or either or by any persons appointed by any of them be disclaimed and all such persons so committed forthwith descharged 4. That as his Majesty will readily consent having done so heretofore to the execution of all Lawes already made and to any good Acts to be made for the suppressing of Popery and for the firme setling the Protestant Religion now established by Law so he desires that a good Bill may be framed for the better preserving the Book of Common Prayer from the scorn and violence of Brownists Anabaptists and other Sectaries with such clauses for the ease of tender Consciences as his Majesty hath formerly offered 5. That all such Persons as upon the Treaty shall be excepted out of the generall Pardon shall be tryed per Pares according to the usuall course and known Lawes of the Land and that it be left to that either to acquit or condemn them And now we appeale to your own Consciences whether it were not fit for you to have received and acquiesced in these his Majesties Propositions for conserving the rights of the Crown the Law of the Land the Liberty of the Subject the establisht Religion and the Fundamentall Justice of the Kingdome who when you published your Propositions for bringing in Money and Plate June 10. 1642. declared Exac Col. 342. that whatsoever is brought in shall not at all be employed upon any other occasion then to maintain the Protestant Religion the Kings Authority and his Person in his Royall dignity the free course of Justice the Lawes of the Land the Peace of the Kingdome and Priviledges of Parliament But if his Majesties Propositions were not yet his Condescentions to your Propositions tendred and published before this your Declaration were doubtlesse not unfit for you to accept The Kings Condescentions to the Parliaments Propositions 1. Concerning the great Officers of State c. See the Book called the Kings most gracious Messages for peace p. 86. That their Patents and Commissions being taken from his Majesty they should be nominated by the two Honses of Parliament during his Majesties Reigne and afterwards to return to the Crown 2. Touching the Church Government See the Book called the Kings most gracious Messages for peace p. 85. That the Presbyteriall Government be legally permitted to stand for 3. yeares provided his Majesty or any others who cannot in Conscience submit thereunto may have free practise of their own Profession And a free debate be had with the Divines at Westminster 20. of his Majesties Nomination being added unto them whereby it may be determined by his Majesty and the two Houses how Church-Government after the same time shall be setled as is most agreeable to the Word of God 3. Touching the Militia p. 86. That the whole power of the Militia both by Sea and Land shall be ordered by the two Houses of Parliament during his Majesties Reigne yet so as all Commissions and other Acts concerning the Militia be made and acted as formerly and after his Majesties Reign all the Power of the Militia shall return entirely to the Crown as it was in the times of Q. Elizabeth and King James of happy memory 4. Touching his Majesties Proclamations and Declarations against the two Houses and their Proceedings p. 88. That he will consent to an Act of Parliament for making them null And he further proposeth as the best expedient to take away all seeds of future differences that there be an Act of Oblivion to extend to all his Subjects 5. Touching the taking of the Covenant p. 66. That though his Majesty be not therein satisfied yet he will make clearly appeare both his Zeale to the Protestant Profession and the union of these two Kingdomes which he conceives to be the main drift of the Covenant 6. Touching the Treaties between the two Kingdomes p. 68. That he would agree to all things that are propounded touching the confirming of the Peace of the two Kingdomes 7. Touching the Payments of the Publique debts p. 87. That he would consent to such Acts as the two Houses shall agree upon 8. Touching the Court of Wards p. 87. That his Majesty would consent to an Act for taking it away so as a full recompence be setled upon his Majesty and his Successors for ever hereafter 9. Touching Ireland p. 88. that the Cessation there is long since determined And for the future that his Majesty would give you full satisfaction concerning that Kingdome 10. Touching the City of London p. 69. That his Majesty consented to all the Propositsons concerning it 11. Touching the Acts passed under the great Seales p. 88. his Majesty promised after perusall of particulars to give you satisfaction to what may reasonably be desired by you And now indeed hath his Majesty offred such Tenders to you as were not fit for him to make nor for you to receive but in order to an Accommodation and peace And we cannot but be sensible of his Majesties grace and goodnesse to us who was pleased to condescend even to the dethroning of himselfe for our Peace and quiet and we cannot enough blame you who would not accommodate upon these Condescentions but rather renew the War again And being as you were pre-ingaged against Monarchy you could not deem any thing fit for you to offer or accept that came short of your design And to it have you sacrificed our Peace also You go on with the same confidence and declare
that you had Sir Kenelme Digby Mr. Mountague and divers others before you in the House of Commons and that when you had most narrowly sifted the businesse you proceeded no farther in it nor against them for it And for Secretary Windebank That he was in the House of Commons after the report made and so you might have proceeded against him Concerning Commissions given to Popish Agents for private Levies c. We find that not the Papists only but the Lords of the Privy Counsell and divers Protestants of the best quality in the Kingdome contributed toward his Majesties Expedition into the North and if by private Levies you understand other Sums collected for his Majesties use we desire to know what they are and untill then we must account this and the other particulars annext unto it amongst the uncertainties of your Declaration Concerning the bringing up of the Northern Army We find that whereas 50000. l. were ordered for the payment of that Army and 10000. l. were taken by an after Order out of that summe to satisfie a new motion and importunity of the Scot some of the Officers of the Kings Army took offence and dislike thereat and in discourse said that they were disobliged by the Parliament and not by the King and thereupon concluded to serve his Majesty in all things that were honourable and agreeable to the Fundamentall Constitution of the Kingdome And that afterwards their discontent being heightned mention was made by some of the bringing up the Army to London and making sure the Tower but that was earnestly opposed and suddainly deserted by the Army it selfe as would have appeared by the second examination of Mr. Goring purposely suppressed by you Wherein also are many contradictions to what you have published concerning this businesse as we find in his Majesties Declanation of the 12. Aug. 1642. Exact Col. pag. 514. which you have not answered to this day And as concerning his Majesty himselfe we find in one of the depositions taken and published by you that when he was made acquainted with it he said those waies are vain and foolish and that they should think of them no more Nor can we find in any thing by you publisht though we have again and again read over the depositions printed together with your Declaration of May 19. 1642. Exact Col p 215 and more particularly those of Sir Jac. Ashley Sir John Conyers and Col. Leg in your present Declaration mentioned we say we cannot find that there was any reall transaction between his Majesty and that Army other then the signing of Capt. Legs Petition Wherein the Army offred their service to the King and Parliament Exact Col. p. 563 for securing them against the violence of Tumults then frequent in London For which reason did not you also call up the Army in Aug. 1647. And we must needs say considering those depositions all other the particulars recited by you as incident to this businesse are to be reckoned amongst the uncertainties and insufficiencies of your Declaration But we have been informed that others have endeavoured to seduce that Army from the Kings service and from the Earle of Strafford their Generall and that the said E. would have impeached them of high Treason for so doing had they not prevented it by impeaching him a day or two before his impeachment against them was ready Concerning the Kings offer to the Scots of the Plunder of London c. We find indeed in one of Sir Jacob Ashleys examinations that Oneal put the question to him Exact Col. p. 229. What if the Scots would be made newtrall And that Sir Jac. answered him that the Scots would lay him by the heeles if he should come to move such a thing for that they would never break with the Parliament But we find not in ought you have published any positive proofe of this charge against his Majesty And therefore we must refer this with what followes concerning Propositions made by Oneal Sir John Henderson and others with Letters of credence from the King to the uncertainties insufficiencies in your Declaration Concerning the Kings Journey into Scotland c. We find that after his Majesty had promised his Scottish Subjects to go into Scotland for setling the unhappy differences there at your intreaty he was perswaded to defer his Journey Exact Col. p. 525 to a day agreed on by your selves and that he took his Journey accordingly And that he left such a Commission behind him as was agreeable to Law and which might be sufficient to prevent any inconveniencies that might arise in his absence though he refused to passe it with that extent which was desired viz. for the Commissioners to consent to all Acts you should passe before he returned from Scotland Nor doth it appeare that the Commissions issued out by Secretary Windebank were other then according to the Law of the Land Concerning the businesse of Ireland Concerning the Kings Letters sent into Ireland by the Lord Dillon seeing you have not published them we must reckon them amongst the insufficiencies and uncertainties in your Declaration As we must that Commission sealed at Edenburgh to the Irish Rebells and the Oaths and depositions of those who have seen it and the promise of it to the Committee of London for the reason aforesaid Though it were an easie matter for the Rebells to take off a great Seale affixed to their Patents and fasten it to Commissions of this kind as we are credibly informed they did to gain credit to their action amongst the People Concerning the Irish Committee we find that they were chosen according to the constitution of that Parliament more Papists then Protestants 7. of the one and 6. of the other Religion sent under the notion of a Committee from the Parliament for redresse of grievances Sir John Temple pa. 13. and under that notion they complaine that the Earl of Strafford had taken a fourth part of the 5. Counties from the owners thereof and intiled the King to it and this is a particular Article of the impeachment against the Earle of Stafford Now the King only released that fourth part to the owners which was equally beneficiall to the English and Irish Protestants and Papists and how can you justly charge both the King for releasing it and Strafford for seizing it Concerning the not disbanding the Irish Army we find that that Army was raised to oppose the Scots invading England and that his Majesty resolved to disband the one so soon as he was affured of the return of the other but wisely considering that it might not be safe for the peace of Ireland if such a Bodie were disbanded as if it were transported his Majesty gave leave to the Spanish Embassadour to transport 3. or 4000. of them for his Masters service which you opposed giving reasons to the contrary at the instance of the aforesaid Irish Committee then at London having otherwise designed the service
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
therein they reflected upon the Malignant Party c. VVhat you meane by the good affections of the City we know not but we find in his Majesties Declaration of the 12. of August Exact Col. pag. 538. that on January 11. 1641. the Trained-Bands of London guarded the accused Members from the City to the Parliament-House by Land and that there were 100. long Boats and Lighters laden with Sacres Murdering Pieces and Ammunition which passed by White-hall and attended by water and that there was a designe to have seized his Majesties Person as is confessed under the hand of one who hath been very active in your service and should have been a principall actor in it had not His Majestie removed from VVhite-hall the day before but what you could not then effect by tumults you have since done by force of Armes Concerning the List of Arms and Ammunition taken amongst His Majesties Papers We find that you had first seized the Kings Magazines in the Tower and at Hull by Major Skippon and by Sir John Hotham the former besieging the Tower by Land and by Water the 12. of Jan. 1641. the latter possessing himselfe of Hull not many daies after no marvell then that the King tooke order for Armes and Ammunition beyond the Sea What else you say concerning the Lord Digby cannot reflect upon the King and must be referred to your Insufficiencies The Commissions to the E. of Newcastle and Col Legg we find to be none other then according to Law and that they were not granted untill his Majestie was assured that some of your leading Members had a designe to procure an Order for seizing those Towns The Vessell that arrived with Arms and Ammunition neer Hull was not till about six moneths after that you had put a Garrison into that town and about three moneths after Sir John Hotham had shut the gates of it against the King The Invasion of the King of Denmarks Dominion by the Swedes we find was two yeares after your seizing of Hull and after the removing of the Magazine from Hull to London and therefore is it one of your insufficiencies as also what precedes Concerning your Intelligence from the Low-Countreyes of fornaign Forces from Denmarke and what followes concerning your notice of a Fleet preparing in Denmarke and that one of the Lord Digbyes servants had sollicited a Marriner or Pilot to conduct it into Hull and concerning the Letter to Secretary Nicholas from the Hague that there were coming from Denmarke Ships with 10000. Arms for Foot c. are all to be reckoned amongst your uncertainties and insussiciencies since experience hath made it evident that there was not the least colour for it Concerning Cockrans Negotiation in Denmarke VVe find from your own Declaration that it was after you were beginning to make head against the King and were levying Forces or rather when the E. of Essex was marching with his Army against His Majesty and the principall Instruction given to him was to presse that King to assist His Majesty with Money Armes and Ammunition you having seized all which belonged to his Majesty and that the same might be sent in some ships of that Crowne because all the Kings owne were taken from him and lay in wait to intercept any provision that should be sent to him And whereas in your Declaration of 22. Octob. 1642. you said Exact Col. p. 670. that Cockran was sent into Denmarke to bring Forces thence into England His Majestie in his Answer disavowes that saying that he had never greater cause to be confident of security in his own Subjects and therefore he could not believe so vile a scandall could make any impression in sober men And if he had not been confident of security in his owne Subjects why might he not move for forraigne aids against the great designe of extirpating the Royall Blood and Monarchy of England declared long since by M. Martin openly in your House without any reproofe at all What is written concerning your endeavour to lay a blemish upon his Majesties mother may happily not be knowne to your whole House businesses of that nature being secretly laid and carried on by a few but we are informed that there are some at VVestminster that know what passed in that businesse and by whose loyalty the motion of it was quashed in the bud VVhat else you cite out of Cockrans Instructions we find to be misrepresented by you for that his Majestie mentioned the Holland Fleet only as allowed by the States to give her Majesty a Convoy into England and concerning other his neighbour Princes and Allies he saith We expect and hope that they will not looke upon so dangerous a precedent to their owne Crowns and Monarchies without contributing to suppresse so pernicious a design begun in this Kingdome Concerning the Queens going into Holland and carrying over and pawning the Jewells of the Crowne c. VVe desire first to know whether those Jewells were not his Majesties owne bought with his owne money or with the moneyes of his Ancestors and not with the moneys of the Crown and whether you can produce any intail of them upon the Crown and if so we conceive they were not unduly imployed by the King for the defence of the Crown Concerning what followes we find that her Majesty tooke her journey into Holland Feb. 23. and that her journey was not resolved on till the beginning of that moneth but you petitioned for the Militia Jan. 26. and Sir Arthur Hasterigg brought in a Bill to that purpose in Octob. before We find also that Major Skippon besieged the Tower Jan. 12. which is to levv War against the King by the 25. Ed. 3. so you had both petitioned for the Militia and took up Armes before her Majesties journey into Holland We have also seen your Reasons of the 15. of July presented to his Majesty for the stay of her Majesties former journey intended beyond the Seas and we find no mention of the Jewells and Plate of the Crown in them and we appeale to your Journall Books in this point Concerning the Kings solemne Protestations c. VVe find that you willfully misunderstand and misrepresent them unto us You are jealous that the Exact Col. p. 125. King intended to bring in forraign Forces to invade the Kingdome his Majesty protests the contrary but intimates that he would make use of forraign force if he shall need them to keep himselfe from oppression You charge the Exact Col. p. 563. King that he had a design of bringing up the Northern Army against the City and the Parliament his Majesty protests the contrary but denies not he consented the Army should come up to secure his Royall person and his Parliament against Tumults May 20. 1642. Exact Col. p. 357. you voted that the King intended to levy war against the Parliament He protesteth the contrary to the Lords at York June 15. as he has declared June 13. Exact