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
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
In the next place you charge his Majesty with a continued track of breach of trust ever since he wore the Crowne To this we demur doubting whether you are competent Judges of the Kings trust of his breach of trust and of the King himselfe for breaking his trust for that is the drift and scope of your Declaration We believe that the Kings power is Fiduciary and that the Kingly Office is a great trust but that he is intrusted as he is impowered by God and only by God And this Doctrine we learned long since from the two Prayers for the King immediately following the Commandements in the Book of Common-Prayer but it should seem you have damned them both together And whether there hath been a continued breach of trust by the King we shall see upon the examination of the particulars in your Declaration in the meane time we account this as one of your uncertainties Of his Majesties two Maximes or Principles wherein he hath laid a fit foundation for all Tyranny we shall speak more hereafter Concerning the private Articles agreed in order to the Match with Spaine and those other private Articles upon the French Marriage We find that they were transacted by K. James and therefore are not to be imputed to K. Charles so we accompt them amongst the insufficiencies of your Declaration and because they are private we cannot judge of the nature of them and so refer them amongst your uncertainties Concerning the death of King James We find that the Kings sicknesse was an Ague that the plasters applied to his breast and wrists were only of London Treacle and Mithridate and that the drink or potion you speake of was only Posset-drinke wherein Harts-horne was boiled and which was sweetned with the syrop of Gilleflowers That M. Rinnington Physitian of Donmow in Essex yet living prescribed these Medicines first to the E. of Warwicke being sicke of an Ague and that the Duke of Buckingham afterward falling ill of an Ague at the E. of Warwicks in Essex his Lordship advised the Duke to make use of them Lastly that both these Lords found a good effect wrought in them by that Physick and thereupon the Duke proposed it to His Majestie nor do we perceive that you except against the Physick but only against the Dukes application of it without the direction or privity of His Majesties Physitians But the Duke in his Answer which you have by you declares that there was nothing administred to the King without the privity of the Phisitians and his own importunate desire and command And we have reason to beleeve that you did acquiesce in the Dukes answer as true and satisfactory because there was no farther Prosecution of him in the next Parliament holden the yeare following viz. 3. Caroli See the Petition of Right tertio Caroli And we appeale to your Journall Books whether there be any mention of the businesse in either of your Remonstrances of that Parliament for then you began first to remonstrate And so if there be any guilt we leave the world to judge where the guilt remaines that this businesse was not farther prosecuted Concerning Rochell We find that his Majesty lent not divers of the Navy Royall but the Vantguard only And that he did not lend other Merchants Ships but permitted them only to be hired of the Merchants And that they were not lent to be employed against the Protestants in France but upon a precise promise that they should not be employed against those of the Religion And because the King of France had employed them contrary to his promise therefore did his Majesty enter into hostility with France as appeares by the Duke of Buckinghams Commission under whom he sent an Army into the Isle of Rhea Besides his Majesty recalled those Ships and they were all returned 2. yeares before Rochell was lost Concerning the German Horse Loanes Privy Seales Coat and Conduct-Money Monopolies c. Because you have thrust all these into one charge we will speak of them first together and then of each particular Concerning them together we find that in your Remonstrance of the 15. of Dec. 1641. Exact Col. p 3. you declared them to be the effects of evill Counsellors onely And in your Petition accompanying it that you protested the Remonstrance was made Exact Col. p. 1. without the least intention to lay a blemish upon his Majesties Royall Person but only to represent how his Royall Authority and trust had been abused And in your Declaration of 19. May 1642. That you tell us Exact Col. p. 198. If you should say that all the ill things done of late in his Majesties Name have been done by himselfe you should neither follow the direction of the Laws nor the affection of your own hearts And in the same Declaration Exac Col. pag. 199. that it is a maxime in the Law the King can do no wrong but if any ill be committed in matter of State the Counsell If in matters of Justice the Judges must answer for it And how then contrary to your Petition Protestation affection and to the direction of the Law are these and the like things now imputed to his Majesty Much more may be said on behalfe of his Majesty in each particular 1. Concerning the German Horse That if there were any design in bringing over those Horse it was by others and amongst them your Balfore and Dalbier were principall But so soon as the Proposition was made to the King he rejected it and never consented to the practise of it 2. Concerning Loanes and Privy Seales That they have been in all times practised upon reason and necessity of State And that they have not been so frequent in K. Charles's time as in Q. Elizabeths whereof no sober man hath ever complained 3. Concerning Coat and Conduct money See the Pell Office That it was repaid to the Collectors of Subsidies and by them to the Deputy-Lievtenants of the severall Counties to be destributed amongst the Inhabitants And for want of such destribution in Dorsetshire was there a presentment thereof made to the Judge of Assizes 4. Concerning the Inclosing of Commons That his Majesty paid a dear rate for those that himselfe inclosed as for making the new Parks at Richmond and Wimbleton 5. Concerning Monopolies 21. Jac. 3. That the Law alloweth them for the incouragement of new Inventions so that they be not contrary to the Law nor inconvenient to the State c. And when any Petitions in this kind were brought to his Majesty he ever referd them to his Atturney or Sollicitor and he passed them upon their Certificate that the Monopolies petitioned for were not contrary to Law nor inconvenient to the People and not otherwise 6. Concerning Ship-money That his Majesty had a Judgment in a Court of Law for it before all the Judges of England Besides all these pressures were remedied by severall Acts in the beginning of the Parliament and we
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
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
termes from Ireland We find also that this would have been evidenced by some other of the Kings Letters to the Queen taken by you at Nasby which you have purposely concealed least they should too plainly discover the Kings detestation of that Rebellion and his rigid firmnesse to the Protestant Religion And from his Majesties avowed firmnesse to the Protestant Religion it was that the Sectaries at first joyned in arms against him and that the Popish Princes have not succoured him yea we are informed that great store of Priests and Jesuites are in your Army intruding and concealing themselves under the generall Liberty now practised in matters of Religion and combin'd with the Sectaries against the King as equall enemie to them both and if God doth not prevent it they are likely to destroy both the King and our Religion together We have heard that M. Henderson lying on his death-bed told his friends about him if they would preserve Religion they must preserve the King the admonition will serve as well for England as for Scotland The sum of your Declaration ANd now have we run through the severall particulars of your Declaration and we find that 1. You charge his Majesty with what you cannot take cognizance of as his Transactions with his Scotish Subjects and after an act of Oblivion 2. That touching the Occurrences and Transactions in England and Ireland you charge his Majesty falsly maliciously illegally unreasonably 1. Falslly that the King never made any proposall fit for you to receive That he hath not kept his Coronation Oath That he betrayed Rochell That by his two Maximes he hath laid a foundation of Tyranny That he protected evill Counsellors That after you had shut the Ports hee gave Passes to Papists to go over into Ireland who were afterward in the head of the Rebells That by his Guard he abused your Committee at York and protected Berwicke against the Posse Comitatus And that he set up a mock-Parliament at Oxford c. yea you charge his Majesty with things rejected by him when they were proposed to him as the bringing over the German Horse The bringing up the Northern Army to the City and to secure the Tower not forgetting that you suppressed Col. Gorings second examination about that businesse There are also other falsities in your Declaration as that a storme from Denmark had fallen upon Hull and the Magazine there had not the Sweds about that time invaded the King of Denmarks Dominions c. 2. Maliciously by misrepresenting his Majesties actions That the King sometimes denied to receive your humble Petitions for peace Concerning the Kings advance to Brainford Concerning his Commission and the bloody Massacre at London Concerning his giving the 5. Counties to the Irish Committee Concerning the 40. Proclamations sent into Ireland Concerning the Kings Letter to the Earle of Ormond to thank Muskerie and Plunket Concerning his Letter to the Pope Concerning the Kings going to your House when by the way we cannot forget your suppressing Captain Ashleys examination at Grocers Hall Concerning Cockrans Negotiation in Denmark concerning the Holland Fleet concerning his Majesties Protestations against bringing over Forraigne Forces against bringing up the Northern Army and against making warre against this Parliament concerning his Commission to the E. of Glamorgan c. 3. Illegally that is for what the King did according to Law as the charging the five Members with Treason the Commission of Array his proclaiming some Traytors Also we find that he had a Judgement in Law for the Ship-money the Canons Ceremonies c. were also according to Law Nor can you by your owne Law charge him with what he did upon the Certificate of his Attourney and Solicitor in case of Monopolies nor with what he did by the advice of the Privy Councell concerning Scotland dissolving the Parliament and the Cessation in Ireland 4. Vnreasonably 1. With the grievances of the Kingdome after they were remedied by severall Acts of Parliament as Ship-money Monopolies c. 2. With what his Majesty justly had satisfied as Coate and conduct money and inclosing Commons 3. With what was done by Courts of Justice as the Whipping c. 4. With what was done by King James as the Articles with Spain and France 5. With what the Queen did as her designe if there were any 6. With what the Irish Rebells say calling themselves the Kings or the Queenes Army c. 7. With what your selves are guilty of as the not prosecuting the Duke of Buckingham The long intermission of Parliaments caused by your Remonstrances The rise of the Irish Rebellion by your not suffering the Army to be transported the delaying the Earl of Leicester c. 8. For refusing your unreasonable desires concerning the Commission when he went into Scotland And the Commissions to the Lord Brooke and the Lord Wharton 9. For what the King did in Order to his necessary defence as the Guards and preparation of Armes and Ammunition at Whitehall The List of Armes and Ammunition found amongst his Majesties Papers The Vessell that arrived neer Hull with Armes and Ammunition Cockrans Negotiation in Denmark The pawning the Jewells of the Crown his Letter to Sir John Heydon for Ordnance c. His Declaration to bring in Money Plate c. His Guard at York and setting up his Standard And from these your false malicious illegall and unreasonable allegations and charge how can you conclude that his Majesty hath broken his trust with the Protestants in France Scotland Ireland and this Kingdome And that he hath endeavoured to inslave us by German Spanish French Lorraign Irish Danish and other Forraign Forces And that he hath wholly forgotten not only his duty to the Kingdome but also the care and respect he oweth to himselfe and his own family and that you will repose no more trust in him but settle the present Government without him Let our strength be the Law of Justice 2 Wisd 11 And because you iterate and reiterate his Majesties Breach of trust and your resolutions thereupon we also reiterate our faith of that point We beleeve the Kings Power to be fiduciary and the Kingly Office a great trust but that he is intrusted as he is impower'd by God and only by God 2 Wisd 2 3. S. Paul tells us Ro. 13. That there is no power but of God And that the Powers that are are ordained of God and that the chiefe Magistrate is the Minister of God Arm'd by God with the sword to execute wrath upon him that doth evill And when you can out of the holy Scriptures shew us as cleare a Derivation of Politicall Power and trust from the People we will assent to your opinions and submit to your resolutions Besides when S. Paul writ this Epistle to the Romans Nero was their Emperor And so he that resisteth Nero resisteth the Ordinance of God And they that resist shall receive to themselves damnation Now if that bloody Tyrant and Persecutor Nero