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A81469 The royall apologie: or, An ansvver to the declaration of the House of Commons, the 11. of February, 1647. In which they expresse the reasons for their resolutions for making no more addresses, nor receiving any from His Majesty. Digby, Kenelm, Sir, 1603-1665.; Clarendon, Edward Hyde, Earl of, 1609-1674, attributed name. 1648 (1648) Wing D1447; Thomason E522_21; ESTC R206215 46,522 48

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bounding and limiting of Forrests others for the restraining of the King to lay Impositions to levy Tonnage and Poundage or to Presse Souldiers without consent of Parliament All these with many more have been the fruits of their former addresses unto the King And now if they finde any stop or refusall in what they propound it is not for that the Kings inclination and readiness to gratifie his people is lessened or alter'd but it is that they have altered their mannerly and dutifull wayes of their Addresses and now will force by Armes and Victories what they had wont to petition for And for the matters desired whereas before there was in them a pretence of the Kings honour and safety and of the Subjects ease and liberty in the Propositions now insisted upon it is cleerly apparent That the King is by them unthroned The Soveraignty taken from Him and placed in themselves And the Subject which if they would have contented themselves with the above specified Concessions should have been the happiest and freest people of all the Subjects in Christendom shall if the King should condescend to their late demands become Slaves in their Liberties Lives and Properties by being left to the arbitrary and lawless Power of them their fellow Subjects and this is so beleived by all men but themselves and their Adherents even by their brethren of Scotland which hath administred unto them just grounds of their dissenting from them as shall be made apparent before this discourse be ended Whereas they say next That they could not have confidence that words should prevaile more with Him then Sighs and Groanes c. Let the world judge whether these men at ease and invested with all Power and Authority are more likely to be moved with sighs and groans cries of Fathers Mothers Children c. or the King who is debarr'd the society of the Queen his most dear Wife his Children banish'd or under restraint His Friends ruin'd destroyed and persecuted and some for their love and Loyalty to His Person hang'd drawn and quarter'd and all in danger of it that shall in any sort indeavour to serve him Himselfe divested of all manner of comfort either for His body or Soul besides the tender sense that he must needs have of the miseries of his people must not the World conclude the King not only to be void of all naturall affections and all bowels of compassion both towards Himself and all that are nearest and dearest unto Him but to want also common sense and understanding if He should not imbrace all meanes that with honour and conscience He might for the speediest settlement of the distracted and miserable condition of himself and His Kingdomes It is then said that they were never forced to any Treaty and yet they have made seven times application to the King notwithstanding their great success in overthrowing all His forces so that he fled in disguise to the Scots It is true that they so well laid their businesse that at the first they possessed themselves of the power of all the Kingdom both by sea and land of the City of London and of the Kings Customs of his Revenue of His Magazins and of the abused hearts of his people whereas the King wanting every thing but a good cause hath from the beginning only struggled to subsist But let not Successe against the King be vanted of Successe is not alwaies a Proof of a good Cause God hath often punish'd his Church by the power of Infidels and made wicked men the Scourge wherewith he hath chastised his Children and then cast the rod into the fire and lifted up the heads of his afflicted Servants Whereas they say That they have made 7. times applications unto the King for Peace Their own consciences I mean so many of them as have been behind the Curtain do tell them That so many times they have offended God and abused the World with detestable Hypocrisie by making shew of that which was never in their thoughts And all the said Treaties which they speak of were ever with those unreasonable unconscionable dishonourable Propositions that they well knew that their Intentions of continuing of a War could run no hazard by such Proposals for Peace yet whosoever shall peruse all those severall Treaties which are with great exactnesse set down in their own Books and printed by their own Order of Exact Collections will to be able judge of the difference of Spirits then walking In them instead of Reasons it will be found that improbable future fears and jealousies and the advantage of their present Condition have been the ground of their Proposals And on His Majesties part there will be clearly seen a bowing and stretching to a Compliance with them to the utmost that could stand with his Conscience Safety and Honour To these Volumes of theirs I refer the Reader that seeing both sides he may frame unto himselfe a Judgement where the fault lies if their Addresses have been fruitlesse To countenance no more their former Treaties and the Conditions proposed in them they further say That in all their former Addresses the Commissioners of Scotland agreed with them and joyned with their Commissioners in attending the King In which Affirmation they do not use the ingenuity and clearness which the House hath in former Parliaments used to do in that which they published unto the Kingdom for although it be true that the Commissioners of Scotland agreed to the sending of the Propositions unto the King at Newcastle yet in their publike printed Declaration of their said consent bearing date the 25. of June 1646. they declare their want of satisfaction in many particulars in so much as they say That some of the particulars are inconsistent with the word of God and others wherein they remain unsatisfied yet notwithstanding so great was their desire to see an end of this bloody war the easing of those heavy pressures under which both the Kingdoms groaned that upon those Considerations they consented to many materiall parts of those Propositions to make no let but to give way to the sending of such other particulars as they were still unsatisfied in the matter for the reasons formerly presented in their Papers unto the Houses And this their Assent they declare to be with several proviso's as will appear by their said Answer The last of which is that it is not their Judgement that every particular of these Propositions is of so great importance to the Kingdoms that Peace and War should depend thereupon Now let it be impartially judged whether it be an ingenious manner of proceeding to set down a perfect consent to conceal the conditions and proviso's upon the which the Scots declare their consent is grounded But that which is most remarkable concerning the Scots is that having thus artificially insinuated to the people their former concurrence with them now when they make their Declaration to the Kingdome for the stating
was indicted arraigned attainted and executed at Tyburn And let their present lording over mens souls be considered their sending so many learned and pious men a begging by depriving them of their livings imprisoning their persons their lording over their consciences by new illegall and trayterous Oaths by forcing of the Covenant to the ruine of many hundreds who otherwise were without exception both Ministers and Lay-men being consciencious men men of parts and great learning as is set downe in the preceding words of the Answer to the Scotch Declaration of the 4. of Jan. 1648. But nothing can by them be done amisse that Axiome of the Law le Roy ne fait tort is now with the Crown and Soveraignty which they have usurped applicable onely to them But all the Kings actions though never so legall just and gratious must by them have the appellations of tyranny cruelty and oppression They then say that they were worse then slaves for they were prohibited by Proclamation to speake or hope for another Parliament They should have done well to have specified the year and date of the said Proclamation and to have set down the very words contained therin for it is so unlikely a thing that the people should be forbidden by Proclamation to hops that no rationall man can choose but suspect it to be that which civility is loath to tearme it how foule soever their pen be against their King As for the searching of cabinents closets c. It is set down to be after the dissolution of the Parliament so that that sin against the Holy Ghost never to be forgiven of breaking the Priviledges of Parliament is not charged and any other sinne will not be found for it is lawfull and usuall for the Justice or Councell of the King to search the closets and cabinets of such as they have good cause to suspect of practises and correspondency to the prejudice of the King or Kingdome neither have the Kings or Queens letters or cabinets nor the dispatches of Ambassadours and forraign States been free from their inquisition and search nay some such searches have been made by them for Letters and Jewels upon women not of the meanest ranke as is indecent to put them in mind of They then reckon up a long list of Monopolies and Patents of Soap Pins Leather Sugar c. Whether the said Patents were legall or illegall there can from thence no just fault be laid upon the King He is in point of Law to be advised by His Atturney and His learned Councell And there cannot in all the particulars specified any one be instanced in which He did of Himselfe without the Certificate of the Referrees of the legallity of such Grants wherein never Prince was so punctuall as He hath been and it is conceived that it may be with truth averred that in His whole Reign He hath not passed by Patent any one Monopoly without reference and certificate in writing that it might be granted by Law But besides upon complaint this Parliament all grievances have been redressed all doubtfull Patents cancell'd care had for the preventing of the like for the future all referrees and patentees left to justice and all punished but such as the injustice of the Houses have protected Then they come to that which they call the compendium of all oppression and cruelty viz. The Ship-money When Princes are involved in great wants and necessities they are forced to those things which at other times they willingly forbear to presse So it was here The King by His Wars with Spain and France was brought into great necessitys and consulting how He might by lawfull wayes releive Himselfe He was advised to this course of Ship-money by His Atturney Generall Noy as is said who was by all men esteemed a great Lawyer and had been a great propugner of the Subjects liberty The King herein asked the opinion of His Judges and learned Councell And both the Judges the major part of them His Councell did set it under their hands to be lawfull these are the Kings proper councel with whom he is to consult in point of Law are sworn to advise Him faithfully But some and particularly Mr. John Hamden not satisfied with the extrajudiciall opinion of the Judges came to a legall tryall upon the Case in the Exchequer Chamber after a fair hearing and learned arguments on both sides Judgement passed for the King If the said Judges and learned Councel who are sworn to do equall justice betwixt the King and the Subjects to Councell the King faithfully have erred and done amisse in both the greater hath been their fault and offence But herein where lieth the Kings transgression For did he not leave the Judges upon complaint of the Houses to their Justice and were not the said Judges many of them impeached of high Treason Judge Berkley arraigned thereupon for high Treason and made so learned and able a defence that they were forced to withdraw any further prosecution of their impeachment against him It seems they forget that which they declared for Law at the beginning of this Parliament viz. that the King can do no wrong Le Roy ne fait tort upon the very ground of this Case And that the reason why the Law supposed that the King could doe no wrong was for that the Judges and Ministers that did the wrong were responsable for the wrong doing and the persons wronged were from them to be repaired in point of their dammages But it seemeth they are of old Ployden's minde that when the businesse concerneth themselves the Case is altered They then say The King summoned this present Parliament in hope to have Assistance against the Scots He had little reason to hope for any assistance against the Scots knowing as he did who had called them in and that from some Scots themselves from Newcastle whilst he was at Yorke He had gotten notice of the particulars wherewith divers Lords of the English with the King being startled they sent to the Scotish Lords at Newcastle to have right done them upon a Secretary of theirs who had said to some English prisoners whom the Scots had taken at Newborn That their comming in had not beene but by the invitation of the English and had spoken a little too boldly of some truths that should have beene concealed and this divers at Westminster cannot but remember They then say that it was impossible to quash those pernitious Councels without questioning the Authors Whereupon the King shewed Himselfe so passionately affected to such malignant Councellers their Councel that he would sooner desert or forcc his Parliament and Kingdom then alter His course or deliver up his wicked Councellors to Law and Justice Our passions especially that of revenge and malice do not only deprive us of our senses and reason but often bereave us of shame and honesty For besides that they know that the King hath more then thrice in
truly of the whole businesse and the reason for having no more to do with the King grounded upon the Kings last Answer concerning the four Bils they remember not in this their finall Declaration the dissent of the Scots nor their unanswerable Reasons for their said dissent nor the Protestations of the said Commissioners delivered unto the King in the name of the Kingdom of Scotland declaring their dissent to those Propositions for the not yeilding whereunto the King is not only by these Votes deposed in effect and another government without Him set up by themselves but His Royall Person used with greater severity inhumanity then theeves and murderers are in the common gaols for to them it is permitted to have the comfort of Physitians for the body and of Divines for their souls whereas to the King there is no meanes left to aske them The reason why they conceal this dissent of the Scots is for that they would have the Kings refusall of the Bils to be ascribed only to his wilfulnesse and to his persisting in his wonted wayes as they call it but would not have the people thinke that the King had many of his mind whereas if the truth might appear it would be found that few besides that prevalent party in the lower House and Army with the Sectaries depending on them that hold not their Propositions most unreasonable and their usage of the King most detestable Further if the former assent and concurrence of the Scots with them be used as an argument for the countenancing and better justifying of their former Treatise and Propositions their present dissent and their unanswerable reasons set down in their Declaration against the four Bils against their deniall of the King a Personall Treaty and against his want of freedom together with their solemn Protestation grounded upon them in the name of the whole Kingdome ought in reason at least to put a stand upon mens judgements untill all tales be told and not be carried away by a Declaration of the single House of Commons without the concurrance of the Peers and not passed unanimously in that House but by the power of a prevalent party For whosoever shall consider the former brotherhood and strict union betwixt the Houses and the Scots and how subservient they have been unto them and their affaires how they have twice entred this Kingdom The first time by their invitement The second time by their most earnest solicitation and hire and how the Scots choose rather the adherence to them then unto their owne native King how far they gratifie them by delivery of him into their hands and how they were become brothers in Interests in Armes in Covenant whosoever shall consider this strict conjunction cannot but thinke that the Scots have some great reason of Conscience Interest and Honour for their present deserting of them in these their new demands and rigorous way of proceeding with the King The nation hath seldom been charged with want of prudence or dexterity in their actions the Houses have found as to them great justness and punctuality in their proceedings by comming in according to agreement and by going out according to promise but now finding not onely their Covenants and Agreements cluded but the very grounds and true ends for which they say they entred into Covenant and joyntly took up Armes viz. The reformation and conformity in Religion the defence of the Kings Person honour and just greatnesse with the Laws and Liberties of the Kingdom c. If they now find that the ways which the now prevalent party do pursue are destructive to them all and diametricall opposite to these settlements which they have alwayes declared to intend as if instead of conformity in Religion there shal be brought in tolerated a multitude of Heresies and Sects If instead of the Kings honour safety and greatnesse they that have had more then a hundred Kings shall see Monarchy intended to be levelled and the person of their native King worse used then a thief or murtherer in a Gaole If they shall see all Law Liberty property of the Subject endeavoured to be settled under the arbitrary tyrannicall Power of a prevalent party and an over-awing Army If all these things be who can wonder if the Scots have changed their way and concurrence when they find all those Principles upon which they were engaged to be totally changed It hath therefore been wisdom in this Declaration to mention the Scots former concurrence and to passe by their present dissent the cause whereof they knew will not indure the searching They then say the King never made any offer fit for them to accept It seems the Scots are of another mind who declare their judgements to be that his offers from Carisbrooke-Castle might have given satisfaction But since they will never remember any thing but that which is for their advantage it will be fit to put them in mind of some petty slight offers that by the King have been made unto them leaving aside his generall Request unto them That they would set down together all such means as would give them satisfaction whereunto they should recive a gracious and satisfactory answer to all that they could justly or reasonably desire but this being in January 1642. time may have worne it out of memory But they may remember his offers from Holdenby from Hampton-Court and from Carisbrooke-Castle In them He offered the settling of Religion in the Presbyterian way which was that which themselves had Voted for three years and then to be fully settled as should be agreed on by their owne assembly of Divines only with the addition of twenty to be nominated by Himself to the end that before a full and finall settlement all reasons might be heard yet no doubt might be raised of carrying any thing by plurality of Votes since those nominated by themselves were four times the number He hath offered to put the whole power of the Kingdom both by sea and land into their hands during the whole terme of His Reigne And for the civill Government he hath offred them the nomination of all those Ministers by whom the Kingdome is to be governed He hath offred a generall pardon an Act of oblivion which is an important point if that be true which Sir Edw. Cooke Judge Jenkins and all the books of Law do tell us or that the Army have not changed their minds who a few moneths since did declare that no Indempnity could be safe without the Royall assent and that they would not be satisfied with any other He hath offred 400000. Pounds to be pay'd in the space of one year and an halfe for the payment of the arrears of the Army But all these trifles are not worthy to be remembred although their memory doth serve them better when they come to make up the Catalogue of these false and scandalous reproaches wherewith they revile their King the Lords Anointed But whereas