guilty of Treason by that act of his within the expresse words of the 2 Chapter of the 25 yeare of King Edw. 3. but by declaring that by leavying war against our Lord the King in his Realme which in that Statute is declared to be high Treason is meant leavying war against the Parliament and yet Mr. St. Iohn observed in his Argument against the Earle of Strafford printed by Order that the word KING in that Statute must be understood of the King 's naturall person for that person can onely die have a Wife have a Son and be imprisoned The Lord chief Justice Coke in his Commentary upon that Statute saith If any leavy War to expulse Strangers to deliver men out of Prisons to remove Counsellours or against any Statute or to any other end pretending Reformation of their own head without any warrant this is leavying war against the King because they take upon them Royall authority which is against the King and that there may be no scruple by that expression without warrant the same Author saies in the same place and but few lines preceding that no Subject can leavy War within the Realm without authority from the King for to him it only belongeth Preparation by some overt act to depose the King or to take the King by force and strong hand and to imprison Him untill he hath yeilded to certain demands this is a sufficient overt act to prove the compassing and imagination of the death of the King for this is upon the matter to make the King a Subject and to disspoyle Him of His Kingly Office of Royall government as is concluded by the same reverend Authour and likewise that to rise to alter Religion established within the Kingdome or Lawes is Treason These Declarers cannot name one person proclaimed a Rebell or Traytor by the King who was not confessedly guilty of at least one of these particulars and being so the King did no more then by the Law He ought to doe and Mr. St. Johns acknowledged in his Argument against the Earle of Strafford that he that leavies War against the Person of the King doth necessarily compasse His death and likewise that it is a War against the King when intended for the alteration of the Lawes or Government in any part of them or to destroy any of the great Officers of the Kingdome For the setting up the Standard it was not till those persons who bearing an inward hatred and malice against his Majesties Person and Government had raised an Army and were then trayterously and rebelliously marching in battle-array against his Majesty their Liege Lord and Soveraigne as appears by his Majesties Proclamation of the 12 of August 1642. in which He declared His purpose to erect His royall Standard and after they had with an Army besieged his Majesties antient standing Garrison of Portsmouth and required the same in which the King's Governour was to be delivered to the Parliament and after they had sent an Army of Horse Foot and Cannon under the command of the Earle of Bedford into the West to apprehend the Marquesse of Hertford who was there in a peaceable manner without any Force till he was compelled to raise the same for his defence and to preserve the peace of those Counties invaded by an Army and then when his Majesty was compelled for those reasons to erect his Standard with what tendernesse He did it towards the two Houses of Parliament cannot better appear then by His owne words in his Declaration published the same day on which that Proclamation issued out which are these What Our opinion and resolution is concerning Parliaments We have fully expressed in our Declarations We have said and will still say they are so essentiall a part of the constitution of this Kingdome that We can attaine to no happinesse without them nor will We ever make the least attempt in Our thought against them We well know that Our self and Our two Houses make up the Parliament and that We are like Hipocrates Twins We must laugh and cry live and die together that no man can be a friend to the one and an enemy to the other the injustice injury and violence offered to Parliaments is that which We principally complaine of and We again assure all Our good Subjects in the presence of Almighty God that all the Acts passed by Us this Parliament shall be equally observed by Us as We desire those to be which do most concern Our Rights Our quarrell is not against the Parliament but against particular men who first made the wounds and will not suffer them to be healed but make them deeper and wider by contriving fostering and fomenting mistakes and jealousies betwixt body and head Us and the two Houses whom We name and are ready to prove them guilty of High Treason c. And then his Majesty names the persons This was the King's carriage towards and mention of the Parliament very different from theirs who are now possessed of the Soveraigne power the Army who in their Remonstrance of the 23 of June last use these words We are in this case forced to our great grief of heart thus plainly to assert the present evill and mischief together with the future worse consequences of the things lately done even in the Parliament it self which are too evident and visible to all and so in their proper colours to lay the same at the Parliament Dores untill the Parliament shall be pleased either of themselves to take notice and rid the House of those who have any way mis-informed deluded surprized or otherwise abused the Parliament to the passing such foule things there or shall open to us and others some way how we may c. which would not have been mentioned here if they had been onely the extravagant act and words of the Army but they are since justified and made the words of the two Houses by their declaring in their late Declaration of the 4 of March in Answer to the Papers of the Scots Commissioners That if there be any unsound principles in relation to Religion or the State in some of the Army as in such a body there usually are some extravagant humours they are very injuriously charged upon the whole Army whereof the governing part hath been very carefull to suppresse and keep down all such peccant humours and have hitherto alwaies approved themselves very constant and faithfull to the true interest of both Kingdomes and the cause wherein they have engaged and the persons that have engaged therein so that this Remonstrance being the Act of the Generall Lieutenant-Generall and the whole Councell of War which is sure the governing part it is by this Declaration fully vindicated to be the Sense of the two Houses 22. The setting up a mock Parliament at Oxford to oppose and protest against the Parliament of England which his Majesty and both Houses had continued by Act of Parliament is in the
which might get credit amongst some desired that they might have twenty Proclamations sent over signed by the King's signe Manuall to the end that besides the printed Copies which they would disperse according to custome they might be able to send an Originall with the King's hand to it to those considerable persons whom they might suspect to be misled by that false rumour who when they saw the King 's very hand would be without excuse if they persisted This Letter and desire from the Lords Justices and Councell was communicated at the Councel Board and the resolution there taken that they should have double the number they desired signed by the King and because the ingrossing so many Copies would take up more time directions were given for the printing forty Copies all which were signed by His Majesty and with all possible speed dispatched into Ireland and the caution that there should be no more printed then were sent away thither was very necessary left the Rebels by having notice of it should find some device to evade the end for which they were sent and be prepared to defend their old or raise some new scandall upon His Majesty besides that there was no imaginable reason why any more should at that time be printed in London What was written from Court to the Lord Muskery that His Majesty was well pleased with what He did cannot reflect upon His Majesty nor had the person who is supposed to have written such a Letter whom they have in former Declarations declared to be the Lord Dillon who expresly denied the ever writing any such Letter any place or relation at Court and the King had good reason long after to write to the Marquesse of Ormond to give particular thanks to Muskery and Punket They having bin both at Oxford imployed by the Irish to His Majesty during the Cessation and having made there such professions of their endeavours to reduce the other to reason as might merit His Majesties thank and acknowledgment which His Majesty hath been as forward to give to such of the Rebels here as have expressed any moderation or inclination to return to their obedience and yet He was never well pleased with what they have done nor can give them thanks for it For the delaying and detaining the Earle of Leicester beyond all pretence from going against the Rebels it is wel known how often his Majesty pressed the Houses that he might be dispatched and sent away and that it was one of the reasons which His Majesty gave in His Answer to the Petition of both Houses of the 28. of April of His resolution to go in Person into Ireland because the Lord Lieutenant on whom He relied principally for the Conduct and managing of affairs there was still in this Kingdome notwithstanding His earnestnesse expressed that He should repair to his Command after which it was neer three Months before any preparation was made for his journey and then about the end of July or beginning of August his Lordship came to the King at Yorke to receive his instructions pretending to have his dispatch so fully from the two Houses that he would return no more thither but as soon as he could have His Majesties Command he would immediately to Chester and imbarke This being about the time that the King was preparing Forces for His defence against the Earle of Essex the Earle was detained about a Month before he could receive his instructions and all those dispatches that were necessary and then he took his leave of His Majesty with profession of going directly to Chester but either by command or inclination that purpose was quickly altered and his Lordship returned to London where he was detained full two Months longer and then was Commanded expresly by the Houses to repair to Chester and not to wait on the King in his way though His Majesty being then at Oxford he could not avoid performing that duty but by avoiding the ordinary road when the King heard of his being at Chester where he expected the Ships that were to transport him above three Weeks and that there was no other force in readiness to be sent with him but his own retinue those Regiments of Foot and Troups of Horse which had been raised for that Service having been imployed against His Majesty at Edge-hill and being still kept as a part of the Earle of Essex his Army and that there were none of those provisions or mony to be now sent over which had been importunately desired by the Councell of that Kingdome His Majesty considered that the Rebels having been kept in some awe with the apprehension of the Lord Lieutenant's comming over with all such supplies as were necessary to carry on the War the assurance whereof had likewise kept up the spirits of the Protestants there if he should now arrive there in so private a manner without any addition of a strength or provision for the supply of that strength that was there it would bring at the same time the greatest affliction and dis-heartning to his Protestant Subjects that could be imagined and an equall incouragement to the Rebels and therefore His Majesty sent for him to Oxford till he might receive better satisfaction from the Houses concerning their preparations for that Kingdom So that by whom the Earle of Leicester was delaied and detained the world may judge The Kings refusall of a Commission for the Lord Brooke and Lord Wharton hath been long since Answered by His Majesty the truth of which Answer was never yet denied or replied to That the Forces to be under their Command were raised before His Majesties Commission was so much as desired And then the Commission that was desired should have been independent upon His Majesties Lieutenant of that Kingdome and therefore His Majesty had great reason not to consent to it And how reasonably those persons were to be trusted with such a Command may be judged by their bringing those very Forces which were raised for the relief of the poor Protestants of Ireland against the Rebels there to fight against the King at Edge-hill within a very short time after those Commissions were desired They say they have long since named divers Papists and persons of quality that by the Kings speciall Warrants after the Ports were shut by both Houses of Parliament passed hence and headed the Rebels when they wanted Commanders Examine the truth of this which all men who will take the pains may be judges of His Majesty taking notice of the effect of this Charge to be spoken by Master Pim at a Conference with the Lords about the beginning of February 1641. the Speech being printed by His Message of the 7. of that Month to the House of Commons required to know whether such a thing had been said and if so upon what ground His Majesty being sure He had used all caution in the granting of Passe-ports into Ireland The Commons answered that the Speech delivered
by Mr. Pim was agreeable to the sense of the House and that they had received divers advertisements concerning severall persons who had obtained His Majesties immediate Warrant for the passing into Ireland since the Order of restraint of both Houses some of which as they had been informed since their comming into Ireland had joyned with the Rebels and been Commanders amongst them and some others had been staid and were yet in safe custody the Names of whom they set downe being all in custody and said the particular Names of others they had not yet received but doubted not but upon examination they might be discovered But they said they believed it was by the procurement of some evill Instruments too near His royall Person without His Majesties knowledge and intentions The King hereupon replied That the persons named to be under restraint made not good the assertion in that speech besides that their Passes were granted by His Majesty at His being in Scotland long before the restraint and being persons of whose good affections there was then no suspition and that he was most assured that no such person as was comprehended under that Charge had passed by His Warrant or privity and then He desired His House of Commons to consider whether such a generall information and advertisement in which there was not so much as the Name of any particular person mentioned be ground enough for such a direct and positive affirmation as was made in that Speech which in respect of the place and person and being acknowledged to be agreeable to the sense of the House was of that authority that His Majesty might suffer in the affections of many of His good Subjects and fall under a possible construction considering many scandalous Pamphlets to such a purpose of not being sensible enough of that Rebellion so horrid and odious to all Christians by which in this distraction such a danger might possibly insue to His Majesties Person and Estate as He was well assured his House of Commons would use their utmost endevours to prevent and therefore His Majesty said He expected that they should name those persons who by his Licence had passed into Ireland and were there in the head of the Rebels or that if upon their examination they did not find particular evidence to prove that aspersion as His Majesty was confident they never could as that affirmation which did reflect upon His Majesty was very publick so they would publish such a Declaration whereby that mistake might be discovered His Majesty being most tender in that particular which had reference to Ireland as being most assured that he had been and was from his Soule resolved to discharge his duty which God would require at his hands for the relief of his poore Protestant Subjects there and the utter rooting out that Rebellion It was above a Month before the King could receive any other Answer from them and then they said that they had affirmed nothing but what they had cause to believe was true and presented some of their grounds to His Majesty one of which was that those Licences granted to the persons under restraint were apt to produce such an effect as was mentioned in that positive affirmation and another ground was that His Majesty could not be assured that no other did passe upon his Licence and they had cause to believe that some did because they received such generall Information which reasons with some other of the same kind they said they hoped would be sufficient to perswade His Majesty to believe that as they had some cause to give credit to the said Informations so they had no intention to make any ill use of them to His Majesties dishonour but did impute the blame to his Ministers The King replied again to that Message That there was nothing yet declared that would be a ground for what Mr. Pim had so boldly affirmed for yet there was not any particular person named that was so much as in rebellion much lesse in the head of the Rebels to whom His Majesty had given Licence and therefore He expected that the House of Commons should publish such a Declaration whereby that mistake might be cleared Since that time to the houre of the publishing this Declaration they have never made the least addresse or given the least information or satisfaction to His Majesty in that particular which they then said they had no intention to make use of to his dis-honour so that this last presumption could proceed only from a confidence that the people would believe what they said not examine the truth of it What they mean by the Commanders and Officers whom the King they say called off from their trust against the Rebels and Ships from their guards at Sea that so the Rebels might be supplied with forain aides is not understood except by the Ships they meane those under the command of Captain Kittleby and Captaine Stradling who then attended the Irish Coast when all his Majesties Fleet was seized by the two Houses and imployed against Him and whom His Majesty upon that occasion and confidence of the Loyalty of the Commanders required to attend Him with their Ships about Newcastle or the North of England that He might have two of his owne Ships at his disposall and at the same time that any inconvenience might be prevented by the comming of supply to the Rebels His Majesty gave notice to the two Houses of his command in that particular and required them to take care for the guarding of that Coast which they altogether neglected notwithstanding that they found meanes likewise to seize those two Ships which His Majesty hoped He should have been possessed of Nor is it better understood what they mean by supplies from the Earle of Antrim and Lord Aboyne or of Armes and Ammunition from the King's Magazines or from the Queen which no sober man believes or of which no evidence or instance hath so much as been offered Some few Suits of clothes in the beginning of the War were taken by the Kings Souldiers about Coventry when that City was in open Rebellion which they pretended were prepared for Ireland and which His Majesty did what could be done to cause to be restored but it was not possible and was apparently their fault that would not send for a safe conduct when they were to passe through His Majesties Quarters And how far the King was from consenting to or approving that Action appears by His Majesties expresse Command which was executed accordingly for the transporting into Ireland of three thousand Suites of cloths which He found provided for that Service at Chester after his Majesty was possessed of that City and which had been neglected to be sent and which no necessity of His own Army could prevaile with Him to seize or divert from that necessary use for which they were provided His Maty never denied any Pieces of Battery desired by the Councell
they were brought to that great exigent that they were ready to rob and spoile one another that their wants began to make them desperate That if the Lords Justices and Councell there did not find a speedy way for their preservation they did desire that they might have leave to go away that if that were not granted they must have recourse to the law of nature which teacheth all men to preserve themselves The two Houses who had undertaken to carry on that War and received all the Mony raised for that Service neglecting still to send supplies thither the Lords Justices and Councell by their Letters about the middle of May advertised the King That they had no Victuall Cloths or other provisions no Mony to provide them of any thing they want no Armes not above forty Barrels of Powder no strength of serviceable Horse no visible means by Sea or Land of being able to preserve that Kingdome And by others of the 4 of Iuly that his Armies would be forced through wants to disband or depart the Kingdome and that there would be nothing to be expected there but the instant losse of the Kingdome and the destruction of the remnant of his good Subjects yet left there This was the sad condition of that miserable Kingdome to whose assistance his Majesty was in no degree of Himself able to contribute and His recommendation and interposition to the two Houses whom He had trusted was so much contemned that when upon their Order to issue out at one time one hundred thousand pounds of the Monies paid for Ireland to the supply of the Forces under the Earl of Essex albeit it was enacted by the Law upon which those Monies were raised that no part of it should be imployed to any other purpose then the reducing the Rebels of Ireland His Majesty by a speciall Message advised and required them to retract that Order and to dispose the Monies the right way the necessities of Ireland being then passionately represented by those upon the place they returned no other satisfaction or Answer to his Majesty but a Declaration That those directions given His Majesty for the retracting of that Order was a high breach of priviledge of Parliament When His Majesty perceived that no assistance was or was like to be applied to them and that the Enemy still increased in strength power He referred the consideration and provision for themselves to those whose safeties and livelyhoods were most immediately concerned and who were the nearest witnesses of the distresses and the best Judges how they could be borne or how they were like to be relieved and so with the full advice and approbation of the Lords Justices and Councell there and concurrent opinion of all the chief Officers of the Army that Cessation was made by which onely the Protestants in that Kingdome and His Majesties interest there could at that time have been preserved Of this Cessation neither His Majesties good Subjects in that or this Kingdom have reason to complain Examine now the peace which they say was afterwards made on such odious shamefull and unworthy conditions that His Majesty Himself blushed to owne or impart to His owne Lieutenant the Earle of Ormond but a private Commission was made to the Lord Herbert to manage it Whilst the King had any hope of a tolerable peace in this or a probable way of carrying on the War in that Kingdome He never gave a Commission to conclude a peace there and it plainly appears by the relation of the Treaty at Uxbridge to the truth of which there hath not been the least objection the Acts of the Commissioners of both sides being extant that there was no expedient proposed though desired often on the King's party for the proceeding in that War but that His Majesty would quit absolutely all His Regall power in that Kingdome and so put all His Subjects there English and Irish out of His protection into that of the two Houses of Parliament here who at the same time were fighting for the same Supremacy in this and who had at the same time disposed a greater power thereof to the Scots then they reserved to themselves it concerned the King then in piety and policy in His duty to God and man to endevour to preserve that Kingdom by a peace which He could not reduce by a war and to draw from thence such a body and number of His own Subjects as might render Him more considerable to those who having put off all naturall allegiance and reverence to his Majesty looked only what power and strength and not what right He had left The peace that was concluded was upon such tearms and conditions as were in that conjuncture of time just and honourable and when it could not be continued without yeilding to more shamefull and lesse worthy conditions the Marquesse of Ormond his Majesties Lieutenant of that Kingdome who had the sole and intire authority from his Majesty to conclude a peace and against whom all their envy and all their malice hath not been able to make the least objection best knowing his Masters mind chose rather to make no peace and to trust providence with his Majesties Rights then to consent to such Propositions nor had the Lord Herbert ever any Commission to make a peace there but being a person whose loyalty and affection to his service the King had no reason to suspect and being of the same Religion with the Enemy might have some influence upon them was qualified with such a testimony as might give him the more credit amongst them to perswade them to reason His restraint and commitment was very reall by the whole Councell board there though when it appeared that his errors had proceeded from unskilfulnesse and unadvisednesse and not from malice he was afterwards inlarged by the same power The unnaturall conclusions and inferences these men make from what the King hath said or done applying actions done lately to words spoken seven years before cannot cast any blemish upon the Kings Religion which shines with the same lustre in Him as it did in the primitive Martyrs and even those Letters taken at Nazeby which no wise Rebel or gallant Enemy would have published will to posterity appear as great Monuments of His zeale to the true Protestant Religion in those straits in which He was driven by those who professed that Religion as any Prince hath left or have been left by any Prince since Christianity was imbraced And if that Religion should prosper with lesse vigour then it hath done and the Christian and Pagan world have lesse reverence towards it then they have had these Reformers may justly challenge to themselves the honour and glory of that declension and triumph in the reproaches they have brought upon the most Orthodox Church that hath flourished in any age since the Apostles time These Charges and reproaches upon the King which have been now particularly examined and answered and of which
it was done and in both cases by the help of God and the Law he would have justice or lose his life in the requiring it so that certainly the King never concealed or dissembled his purposes and accordingly he did indeed toward the middle of Iuly go with his Guards to Beverly having some reason to believe that Sir Iohn Hotham had repented himself of the crime he had committed and would have repaired it as far as he had been able of which failing to his own miserable destruction without attempting to force it his Majesty again returned to Yorke Having made it now plainly appear how falsly and groundlesly his Majesty is reproached with the least tergiversation or swarving from his promises or professions which no Prince ever more precisely and religiously observed it will be but a little expence of time again to examine how punctuall these conscientious reprehenders of their Soveraigne have been in the observation of what they have sworn or said In the first Remonstrance of the House of Commons of the State of the Kingdome they declare that it is far from their purpose or desire to let loose the golden reines of discipline and government in the Church to have private persons or particular Congregations to take up what forme of divine Service they please for they said they held it requisite that there should be throughout the whole Realme a conformity to that Order which the Laws enjoyne In their Declaration of the 19 of May speaking of the Bill for the continuance of this Parliament they say We are resolved the gratious favour His Majesty expressed in that Bill and the advantage and security which thereby we have from being dissolved shall not encourage us to do any thing which otherwise had not been fit to have been done In the conclusion of their Declaration of the 26 of May 1642. apprehending very justly that their expressions there would beget at least a great suspition of their loyalty they say They doubt not but it shall in the end appear to all the world that their endeavours have been most hearty and sincere for the maintenance of the true Protestant Religion the Kings just Prerogatives the Lawes and Liberties of the Land and the Priviledges of Parliament in which endeavours by the grace of God they would still persist though they should perish in the worke In their Declaration of the 14 of Iune 1642. the Lords and Commons doe declare That the designe of those Propositions for Plate and Money is to maintain the Protestant Religion the King's Authority and Person in His Royall dignity the free course of Iustice the Laws of the Land the Peace of the Kingdome and Priviledges of Parliament As they have observed these and other their professions to the King and the Publique so they have as well kept their promises to the people in their Propositions of the 10 of Iune 1642. for bringing in Mony or Plate the Lords and Commons do declare That no mans affection shall be measured according to the proportion of his offer so that he expresse his good will to the Service in any proportion whatsoever the first designe was to involve as many as they could in the guilt how small soever the supply was but on the 29 of November following the same Lords and Commons appointed Six persons who or any Four of them should have power to assesse all such persons as were of ability and had not contributed and all such as had contributed yet not according to their ability to pay such summe or sums of mony according to their estates as the Assessors or any Four of them should think fit and reasonable so as the same exceeded not the twentieth part of their Estates Infinite examples of this kind may be produced which are the lesse necessary because whosoever will take the pains to read their own Declarations and Ordinances shall not be able to find one protestation or profession made by them to God Almighty in the matter of Religion or to the King in point of duty and obedience or one promise to the people in matter of Liberty Law and Iustice so neer pursued by them as that they have ever done one composed Act in Order to the performance of either of them which very true assertion shall conclude this Answer to that reproach of his Majesties not having made good his Protestations 21. The next Charge is That His Majesty proclaimed them Traytors and Rebels setting up His Standard against the Parliament which never any King of England they say did before Himself His Majesty never did nor could proclaime this Parliament Traytors he well knew besides his own being the head of it that four parts of five of the House of Peers were never present at any of those trayterous conclusions and that above a major part of the House of Commons was alwaies absent and that of those who were present there were many who still opposed or dissented from every unlawfull act and therefore it were very strange if all those innocent men of whom the Parliament consisted as well as of the rest should have been proclaimed Rebels and Traytors for the acts of a few seditious persons who were upon all occasions named and if the Parliament were ever proclaimed Traytors it was by them only who presumptuously sheltred their rebellious acts under that venerable name and who declared that whatsoever violence should be used either against those who exercise the Militia or against Hull they could not but believe it as done against the Parliament They should have named one person proclaimed Rebell or Traytor by the King who is not adjudged to be such by the Law The King never proclaimed Sir Iohn Hotham Traytor though it may be he was guilty of many treasonable acts before till he shut the Gates of Hull against him and with armed men kept his Majesty from thence and besides the concurrent testimony of all Judgments at Law it appears and is determined by the Lord Chief Justice Coke published by the House of Commons this Parliament in his Chapter of High Treason That if any with strength and weapons invasive and defensive doth hold and defend a Castle or Fort against the King and His power this is leavying of War against the King within the Statute of the 25 year of Edw. 3. The King proclaimed not those Rebels or Traytors who Voted That they would raise an Army and that the Earl of Essex should be Generall of that Army what ever he might have done nor the Earle of Essex himself a Traytor upon those Votes untill he had accepted that title and command of Captaine Generall and in that quality appeared amongst the Souldiers animating and encouraging them in their trayterous and rebellious designes as appears by his Majesties Proclamation of the 9 of August 1642. by which he was first proclaimed Traytor and there was no other way to clear the Earle of Essex from being