joyne with them they will doe their work themselves without Him There is no one Proposition that hath more mis-led men then the discourse of the Parliaments being the supream Court of Judicature and therefore that they have the sole power to declare Law It is confessed that the House of Peers in Parliament for any pretence of the House of Commons to judicature is groundlesse and unreasonable and unheard of till within these last seven years is the supream Court of Judicature whither any person that conceives himself oppressed by the judgment of any other Court may by writ of Error remove that judgment of which he Complaines and from the Sentence of that Court there is no Appeale which His Majesty well expressed in His Answer to that Declaration of the 19 of May in these words We deny not but they may have a power to declare in a particular doubtfull case regularly brought before them what Law is but to make a generall Declaration whereby the known rule of the Law may be crossed or altered they have no power nor can exercise any without bringing the Life and Liberty of the Subject to a lawlesse and arbitrary subjection Which assertion the too sad experience of all men hath evinced to be most reasonable The truth is that power of declaring in a particular case so brought before them is rather a power to declare what shall be done in that case then what the law is for if they reverse a judgment brought before them and determine the right otherwise then it hath been judged by the sworne Judges that judgement is no rule to the sworne Judges to judge by but they may in the like case without imputation of Crime or error judge as they did formerly which shews that the Judges are the onely Interpreters of the Law in their severall Courts though in these cases removed regularly before the Lords the party must acquiesce there being no other Court to appeale to Adde to this that there hath been in all times that reverence to the sworne Judges of the Law that the Lords in Parliament have alwaies guided themselves by their opinion in matters of law neither will it be ever found before this Parliament that the House of Peers ever declared or judged the law in any particular case against the unanimous opinion of the Judges who are assistants only for that purpose neither is it reason that any should be thought fit Interpreters or Declarers of the law but they who have studied it and are sworne to doe it truly And to this point though there are multitude of examples and Presidents there shall be one only remembred In the Parliament in the 28 year of Hen. 6. upon the 16 of January the Commons desired That William de la Poole Duke of Suffolk should be Committed to prison for many Treasons other hainous Crimes cōmitted by him The Lords in Parliament were in doubt what Answer to give they demanded the opinion of the Judges their opinion was that he ought not to be Committed And the reason was for that the Commons did not charge him with any particular Offence but with generall Slanders and Reproaches And therefore because the specialties were not shewed he was not to be Committed this opinion was allowed and the Duke was not Committed till a Fortnight after that the Commons had exhibited speciall Articles against him that he conspired with the French King to invade the Realme c. And then he was sent to the Tower So great respect did those times beare to the Judges of the Law and so much courage had the Judges then to declare what the Law was Having now made it manifest that this most destructive maxime or principle is no new position but agreeable to antiquity Conscience truth and Law and therefore not like to be a fit foundation for all Tyranny It will not be unseasonable to observe that these words were spoken by His Majesty at the first Session of Parliament in the 3 year of his Reigne and that though the matter of them hath been often since and must be alwaies averred by him the very words have not been used in Speech or Declaration by His Majesty since the beginning of this Parliament and that that very Parliament continued many Months after and never in the least degree made question of them nor hath any objection been made to them till this new Declaration of the Commons near 18 years after and therefore it is not probable that they have been before mis-interpreted or censured It may be likewise in this place fit to inform the people what these men meane by the power of Declaring Law which they are so ambitious of that they may know how little else they would need to destroy King and people if they were possessed of this power in the sense they intend which will best appear by the instances in which they have assumed it The King proclaimes Sir John Hotham guilty of high Treason for having shut the Gates of Hull and having made resistance with armed men in defiance of His Majesty which he saies is high Treason by the Statute of the 25 year of Edw. 3. c. 2. They declare that Sir John Hotham did not shut the Gates against Him in defiance but in obedience to His Majesty and that the meaning of that Statute is onely against those who levyed War against the Kings laws and authority that the Kings Authority is only in them and they only can judge of the laws and therefore that they who shall levy War by their authority though against the personall Commands of the King and accompanied with his presence incur no danger by that Statute And that they who did attend His Person against them are guilty of Treason within that Statute The King for the information of his Subjects remembers them of the Statute made in the 11 year of K. Hen. 7. cap. 1. by which it is enacted That no manner of person whosoever he be that attends upon the King and Soveraign Lord of this Land for the time being in His Person and doe Him true and faithfull service of allegiance in the same or be in other places by His Commandement in His Wars shall be convict or attaint of high Treason nor lose Lands Goods c. They declare that by the King in this Statute is meant the Parliament If they are told the King is Supreme head and Governour over all persons within His Dominions and that He is so acknowledged to be by the Oaths themselves have taken They presently declare that it is meant of singular persons rather then of Courts or of the collective body of the whole Kingdome Examples innumerable of this kind might be remembred and the consequence needs not be pressed That the absurdity may a little appeare as well as the mischief they apply this faculty of declaring to the satisfying their Curiosity and supporting their Credit to matter of right and matter of
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
A FVLL ANSWER TO AN INFAMOUS AND TRAYTEROUS PAMPHLET ENTITULED A Declaration of the Commons of England in Parliament assembled expressing their Reasons and Grounds of passing the late Resolutions touching no further Addresse or Application to be made to the KING MICAH 3. 11. The Heads thereof judge for reward and the Priests thereof teach for hire and the Prophets thereof divine for mony yet will they leane upon the Lord and say Is not the Lord among us none evill can come upon us Printed for R. ROYSTON 1648. THE CONTENTS THe Authors Method pag. 2. Their severall Charges against the KING ib. 1. That His Majesty hath laid a fit foundation for all Tyranny by this Maxime or Principle That He oweth an account of His actions to none but God alone and That the Houses of Parliament joynt or separate have no power either to make or declare any Law p. 3. 2. The private Articles agreed in order to the Match with Spaine and those other private Articles upon the French marriage c. p. 12 3. The Death of King James ib. 4. The businesse of Rochel p. 17. 5. The Designe of the German Horse Loanes Privy-Seales Coat and Conduct-mony Ship-mony and the many Monopolies p. 19. 6. The torture of our bodies by whipping cutting off eares pillories c. with close-imprisonment aggravated with the dominion exercised over our souls by Oaths Excommunications new Canons c. p. 24. 7. The long intermission of Parliaments and at the dissolution of some how Priviledges have been broken and some Members imprisoned p. 26. 8. The new Liturgy and Canons sent into Scotland And the cancelling and burning the Articles of Pacification p. 27. 9. The calling and dissolving the short Parliament and the Kings proceeding after the dissolution therof p. 28. 10. The King summoned the present Parliament to have assistance against the Scots And when He found that hope vaine He was so passionately affected to His Malignant Counsellours that He would rather desert His Parliament and Kingdome then deliver them to Law and Justice p. 29. 11. The Queens designe to advance Popery and Her observing a Popish Fast with Secretary Windebank's going beyond Sea by His Majesties Passe after he was questioned p. 30. 12. Commissions given to Popish Agents for private Leavies p. 31. 13. The bringing up the Northerne Army to over-awe the Parliament ib. 14. Offers made to the Scots of the plunder of London if they would advance or of 4 Northern Counties with three hundred thousand pounds but to stand Neuters p. 36. 15. The businesse of Ireland p. 38. 16. The unusuall preparation of Ammunition and Armes upon the Kings return from Scotland with new Guards within and about Whitehall the Fire-works taken and found in Papists houses the Tower filled with new Guards Granadoes and all sorts of Fire-works Morters and great Pieces of Battery the displacing Sir William Balfore and placing other Officers who were suspected by them and the whole City p. 58. 17. The Charge of Treason against some of both Houses and the Kings going so attended to the House of Commons p. 62. 18. A Parallel between the Kings proceedings against the 5 and the Armies against 11 Members p. 67. 19. Commissions granted to the E. of Newcastle and Colonel Legg for attempting Newcastle and Hull And their intelligence of forain Forces from Denmark p. 72. 20. The Queens going into Holland and her carrying away and pawning the anncient Iewels of the Crowne p. 76. 21. When they first took up Arms against the King ib. 22. Breach of Honour and faith in the King for making so many solemn Protestations against any thought of bringing up the Northerne Army or of Levying Forces to wage war with His Parliament or of bringing in forain Forces or Aids from beyond Sea p. 79. 23. They have not observed their Professions made to the King nor kept their promises to the People p. 95. 96. 24. That His Majesty proclaimed them Traytors and Rebels setting up His Standard against the Parliament which never any King of England did before Himself p. 97. 25. The setting up a Mock-Parliament at Oxford to oppose and protest against the Parliament of England p. 102. 26. A full Relation of the first Tumults p. 107. 27. The Pacification and peace in Ireland p. 113. The King 's severall Messages and their Propositions and Addresses for peace p. 118. Their 4 Bills presented to His Majesty at Carisbrook-Castle p. 132. The Commons Resolutions of making no more Addresses to the King p. 148. The Conclusion Demonstrating That they can never establish a Peace to the Kingdome or any security to themselves but by Restoring the just Power to the KING and dutifully submitting and joyning themselves to His protection p. 156. An ANSWER to an infamous and trayterous Pamphlet entituled A DECLARATION of the Commons of England in Parliament expressing their reasons and grounds of passing the late Resolutions touching no further addresse or application to be made to the KING IF the nature and minds of men were not more inclined to errour and vice then they are to truth and vertue and their memories more retentive of the Arguments and evidence which is administred to pervert then of those applied to reclaime them there would be little need of composing any Answer to this seditious and trayterous Declaration which consists onely of the severall infamous and scandalous imputations and reproaches except the odious and groundlesse discourse of the death of King James which though they have alwaies whisper'd they never thought fit to own till now which have been thrown and scattered against the King throughout their Declarations and Remonstrances and is but the same Calumny and Treason bound up in a lesser Volume to every particular whereof His Majesty whilst he was at liberty to speak for himself and to take the pains to undeceive and inform his people gave full and clear answers in His severall Declarations and Expresses so that from thence all men may gather the most naturall and proper Antidotes to expell this poyson the spirit and malignity whereof it is hoped is so near spent by the stalenesse and palpable unskilfulnesse as well as malice of the Composition that it will neither be received by or work upon any healthfull Constitutions yet it will not be amisse for the information of those who it may be have not taken the pains to read the KING 's former Answers and Declarations and refreshing the memory of others who have forgotten what they have read to collect the Answers formerly given to those particulars with which His Majesty is now charged and to adde to those Answers what the knowledge and observation of most men who have been faithfull inquirers into past Actions with that integrity and duty that becomes Subjects may supply them with For which there will need no great Apology since every honest man hath a more regular and legall qualification to vindicate His Majesty from those foule aspersions then any Combination
at the same time incensed against the Duke in their Impeachment or Remonstrance against him thought fit to insert the giving of that Drink and applying that Plaister which was all that was mentioned in that Pamphlet concerning King James as a transcendent presumption in the Duke as is set forth in this Declaration If they had been ingenuous they would likewise have set forth the Duke's answer to that Clause and then the people would have understood that there was nothing administred to the King without the privity of the Physitians and His own importunate desire and Command the applications being such as unlearned people upon observation and experience in those known and common Diseases believe to do much good and the learned acknowledge can doe no hurt And the Parliament continued above a Week after that Answer was put in and no one person appeared in that time to offer the least evidence concerning that Clause and the King might very well in justice to the honour of a faithfull Servant discharge His owne knowledge to free him from so horrible an imputation And after the dissolution of that Parliament all imaginable care was taken to examine the grounds and to discover the Authours of that Suggestion And it is known the miserable wretch who raised the Scandal with great penitence afterwards acknowledged his Villany and died with the horrour of his guilt In the year following there was another Parliament summoned which continued and sate many Months together before the Dukes death and which was not more devoted to him then the former had been where those two Gentlemen mentioned in the Declaration bore great sway and were nothing reconciled to the Duke or the Court yet in all their Remonstrances not the least word of that aspersion all men believing and knowing it to be the most groundlesse that could be imagined After the beginning of this Parliament when the licence of Talking and Preaching seditiously was introduced it was whisper'd amongst some of the chief Agents for the confusion which hath since followed that they would examine the matter of the Death of King James and shortly after the businesse of the five Members when the King was at Windsor and the two Houses governed so absolutely This Pamphlet written so long since by Eglisham was printed and publickly sold in Shops and about the Streets and a very powerfull person of that Faction with some seeming trouble in his countenance told one of the Secretaries of State that many took the liberty abroad to discourse too boldly of the Death of King James and that he would send one to him a Clergy man who could give him a particular information of it the same night the man came to him who told him that there was a Papist who lived about London or in the nearest part of Surrey who reported that he could prove that King James was poysoned the Secretary required the Informer to attend him at an houre the next day and early in the morning assembled the Privy Councell acquainted them with the Information and the Informer and desired their Lordships advice and opinions what should be done upon it the most of them were very shy in the matter and he who had first spoken of it and sent the Informer seemed wonderfully troubled that it was Communicated so publickly by which it was evident he had in the intimation some Designe either upon that Honourable Person or his Master of which he hoped to have made another use The Secretary immediately after he had received the intelligence sent an Expresse to His Majesty with the account and that he intended forthwith to impart it to the Councell since it was no hard matter to guesse what was meant by those who were privy to it and therefore desired His further pleasure upon it and finding the swaying part of the Councell at that time unwilling to meddle in it he expected the King's Command and in the mean time only sent a Warrant to apprehend that Papist which could not be done without the diligence and advice of the Informer who only knew where he was and whom he required to assist The same or the next day the King returned His positive and expresse Command That the Lords of His Councell should use all possible Industry and diligence in the examination and leave no way unattempted for the full discovery which Command was immediately delivered by the Secretary to their Lordships who thereupon gave some directions but those Lords who desired to conceale them knowing onely who the Authors were though a formall Order was given for the enquiry no further discovery was made or any avowed Discourse of it till this Declaration It being then said privately amongst themselves that the time was not yet come that they might make use of that matter This is too much to be said upon the occasion of this most impossible Calumny and Scandall which hath never nor can make impression upon any sober honest understanding except to beget a horrour against the Contrivers of it And all true English hearts will so far resent it as to expresse a detestation of the Authours who being drunk with the bloud they have spilt and confounded with the sense of their own wickednesse have by this last impotent Act declared that they are at the bottome of their malice and that by the just judgment of God their wits are as near an end as their Allegiance and that they have no other stock left but of despaire and madnesse to carry them through their impious undertakings 4. The next reproach is the businesse of Rochel and that His Majesty let divers of the Navy Royall and other Merchant Ships to be imployed against those whom he was engaged to have assisted and the King's Letter to Captain Penington which they say they can shew under his own hand and that hereby Rochel was betrayed Though the age quality and education of most of those who consented to this Declaration will not admit a Supposition that they knew much of the transaction of this matter yet there are some amongst them who might well have remembred that there was only one Ship of the Navy Royall the Vantguard lent by His Majesty to the French King and that the same was returned long before Rochel was besieged and neer if not full two years before it was rendered and therefore it would not be very easie to prove that it was lost much lesse betrayed by that Action or that the Ships were imployed against those whom His Majesty was engaged to have assisted But because much unskilfull discourse hath been of this Argument to the prejudice of the King and many wel-meaning people have been too credulous in it without considering that Actions of that nature between great Princes are grounded upon deep reasons of State above the apprehension of vulgar understandings and that the King upon this new alliance having at the same time a Warre with Spaine had great reason to gratifie France in all
Subjects who have not trespassed against any known Law and imprison others with such unusuall circumstances of restraint cruelty and inhumanity that many persons of reputation integrity and fortunes being first robbed and spoiled of all their Estates for not conforming themselves to the wickednesse of the time have perished in prison and very many of the same condition are like to doe so for want of such nourishment as may satisfie nature and whosoever compares the good old Oaths formed and administred by lawful Authority to every clause whereof the consciences of these very men have seemed fully to submit with the Oathes and Covenants injoyned by themselves will have reason to conclude mens Soules were never in so much danger of captivity and that what the worst men underwent for their notorious crimes in the time of which they complain was recreation and pleasure to what all are now compelled to endure for being honest and conscientious men 7. The long intermission of Parliaments is remembred and that at the dissolution of some priviledges have been broken and that followed with close imprisonment and death That long intermission of Parliaments was graciously prevented and remedied for the future long before these troubles by His Majesties consent to the Bill for trienniall Parliaments and the people would think themselves very happy if they had no more cause to complain of the continuance of this then of the former intermission they having during those twelve years injoyed as great a measure of prosperity and plenty as any people in any age have known and an equall proportion of misery since the beginning of this For the breach of Priviledge and imprisonment of Members the Lawes were open for all men to appeale and have recourse to and that single person that died under restraint suffered that restraint by a Judgment of the Kings Bench so that if there were any injustice in the Case it cannot be charged upon His Majesty 8. The Scene is now removed into Scotland and the new Liturgy and Canons with what succeeded thereupon makes up the next Charge aggravated with the Cancelling and burning the Articles of Pacification which had been there made upon the mediation of the Lords If the King had not been so tender of the Act of Oblivion in the Treaty of Pacification between the two Kingdomes that he would not suffer any provocation to incline Him to ravell into that businesse he might easily have freed Himself from all those calumnies and aspersions And it will be but justice and gratitude in that Nation highly to resent that whilst all guilty men shelter themselves under that Act of Oblivion His Majesty who is the only innocent and injured Person should have His mouth stopped by it which is His own expression and complaint in His Answer to the Declaration at Newmarket from any Reply to the reproaches cast on Him in that matter otherwise He might easily have made it appear that that Liturgy and those Canons were regularly made and framed and sent thither by the advice or with the approbation of the Lords of the Councell of that Kingdome and if the putting them in practice and execution was pursued with more passion impatience there then in prudence policy was agreeable the error was wholly to be imputed to those Ministers of that Kingdome who were most proper to be trusted in it however that so generall a defection and insurrection was not in any degree justifiable or warrantable by the Laws of that Kingdom is most certain they having no visible Forme either of Parliament or King to countenance them as the Army hath lately observed And that the Pacification first made by His Majesties mercy and Christian desire to prevent the effusion of the bloud of His Subjects how ill soever was broken by them and thereupon declined by the full advice of the Lords of His Councell by whose unanimous advice the Articles were publickly burned as may appear by the Record in the Councell Book of that transaction 9. In the next is remembred the calling and dissolving the short Parliament and the Kings proceeding after the dissolution That the calling that Parliament was an Act of the Kings great wisdome and goodnesse was then justly and generally acknowledged and that it was in His owne power to dissolve it when He thought fit is as little doubted but that He did unhappily for Himself by false Information in matter of fact and evill advice dissolve that Parliament is believed by all men and upon the matter confessed by Himself and that that information and advice was most pernicious and the rise of all the miseries we have since undergone is not denied and 't is therefore the more wondred at that the charge of that guilt being part of the impeachment against two great persons whose bloud they have since drunk that particular was declined in the prosecution of them both and that though it be enough known by whose false information and instigation that unfortunate counsell was followed extraordinary care hath been taken that he should not be questioned for it which together with the excessive joy that the principall Actors in these late mischiefs expressed at that sad time gives men reason to conclude that it was contrived by those who have reaped the fruit and advantage of the error What the King took from His Subjects by power which He could not otherwise obtain after that dissolution is not particularly set forth and therefore it is very probable there was no ground for the calumny nor indeed was any man a loser by any such Act of His Majesty 10. Thus far the catalogue reaches of the Kings enormous crimes during the first sixteen years of His Reigne to the beginning of this Parliament in which they confesse they proceeded with ease as long as there was any hope that they would comply with His Majesty against the Scots and give assistance to that war but when He found that hope vaine and that they began to question the Authours of those pernicious Counsells His Majesty discovered Himself so strongly and passionately affected to malignant Counsellours and their Councells that He would sooner desert and force the Parliament and Kingdome then alter His course and deliver up His wicked Counsellours to Law and Justice There are not so many years expired since the beginning of this Parliament though it hath been a tedious age of misery and confusion but that all mens memories will recollect and represent to them the folly and the falshood of this Charge It is not imaginable that the King could expect after the beginning of this Parliament that it would comply with Him and give Him assistance in a War against the Scots when He plainly discover'd that they who were like to be and afterwards proved the chief Leaders and Directors in that Councell were of the same party and how far He was from sheltring any Counsellour or Servant from justice or any colourable proceeding of the
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
of Ireland nor is there the least colour to affirm the same what directions the Rebels give in their Letters of Mart or whether they gave any such directions as are alleaged is no way materiall as to His Majesty and for Officers and Commanders who left their trust against the Rebels it is sufficiently known that the Earle of Leven who by His Majesties consent was sent Generall of the Scots into Ireland against the Rebels was called from thence to lead an Army into England against His Majesty and when the King's Commissioners at the Treaty at Uxbridge alleaged and complained that many Officers both Scots and English had in the beginning of that War left that Service and been entertained by the two Houses against the King all the Answer they could receive was That they were not sent for This being the case as without any possibility of contradiction it is these Gentlemen had no more reason to believe the Rebels when they did so often swear they did nothing without good authority and Commission from the King then the Rebels had to believe them when they swore on the 22. of October 1642. That no private passion or respect no evill intention to His Majesties person nor designe to the prejudice of His just honour and authority engaged them to raise Forces and the next day gave His Majesty battle at Edge-hill Nor is it more materiall that Sir Phelim Oneale would not be perswaded that Generall Laesly had any authority from the King against the Rebels then that these Gentlemen should be perswaded in the same houre to believe that an Army should be raised for the safety of the King's person and to sweare that they would live and die with the Earl of Essex whom they nominated Generall to lead that Army against the King What information was given divers Months before to the Archbishop and others of the Kings Councel of a designe amongst the Papists for a generall Massacre of all the Protestants in Ireland and England c. is no objection against the King and as the Archbishop was imprisoned divers Months before that Rebellion brake out so it is not like if they had been able to have charged Him with any concealment that they would have forborn accusing him with it at his Triall when they so much wanted evidence against him that they were faine to make his Chaplains not licencing such Books against Popery as they thought did discredit the Protestant cause an Argument of his Treason and they would likewise now have named the others of the King's Counsell if they could have alleaged any matter that could have reflected upon them or their Master Next follows a huddle of the Kings Letters to the Pope when he was in Spaine and of others since on the behalfe of the Duke of Lorainge and of the King 's having an Agent at Rome which it is knowne he never had some Months before the Irish Rebellion all which are so obscurely mentioned and so ridiculous as to any charge against the King that they are not worthy any Answer yet because how impertinently soever by the licence of these times much hath been scandalously discoursed of a Letter written by the King when he was Prince and in Spaine to the Pope and such a Letter translated printed out of a Copy published in the French Mercury it may not be amisse to say somewhat of that businesse The Prince being by the command of his Father sent into Spaine to conclude a Marriage with the Daughter of that Crowne which had been long treated of could not but be obliged whilst he was there to perform all Ceremonies which were requisite to the compassing the businesse he went about The Kingdome where he was had a fast friendship with Rome and such a kind of dependence that a dispensation from thence was thought necessary by the wisdome of that State to the marriage in treaty towards the procuring whereof though the Prince would not contribute the least application of his owne yet he was not reasonably to do any thing which might make that dispensation the more difficult to be procured The Pope that then was writ a Letter to the Prince which was delivered to his Highnesse by his Minister there resident It was a Letter of respect and in the interpretation of that State of great kindnesse and it would have been thought a very unseasonable neglect if the Prince had vouchsafed it no Answer on the other hand it was easier to resolve that it was fit to write then what in the mean time they who were officious that it might be done prepared the draught of a Letter and brought it to him the which when his Highnesse had perused with his own hand he expunged those clauses which might seem to reflect upon the Religion which he professed and having so altered and mended it he caused it to be sent to the Pope Copies of the first draught were spread abroad by which that was inserted in the French Mercury which is so carefully translated and printed and dispersed these late ill years and now is given in evidence against His Majesty But admitting it were the same and that the Prince being in a forain Kingdom with the policy whereof he was then to comply had written that very Letter which is printed with what colour of reason can any man make that an Argument of his inclination to Popery who at that time and ever since hath given the greatest testimony of his affection to the Protestant Religion that any Prince or private person hath done The Authours of this Declaration would not think it just that from their very loving Letters to the Bashaw at Argyers and his to them in which He thanks God that the Agent of the Parliament of England is come thither to make a peace and love betwixt them to the end of the world as appears by the relation of that businesse fol. 15. published by their authority and from the amity with them to that Degree that they have given the Turkes men-of-war the freedome of their Harbours men should conclude that they are resolved to turn Turkes and yet such a conclusion will more naturally result from those Letters and that strict correspondence then of the King's affection to Popery from that Letter to the Pope It is said that the same designe was laid in England at the same time and that many thousands were appointed to cut the Protestants throats in this Kingdom also when the King went into Scotland and that it was confessed by some of the principall Rebels that their Popish Committee with the King had communicated that designe with many Papists in England by whose advice though some things were altered yet it was generally concluded that about the same time there should be the like proceedings of the Papists here all which if true as no sober man believes it to be does no way reflect upon the King and that Popish Committee was sent more to the
two Houses then to the King and were more owned by them who tooke speciall care for their Accommodation By what is said it sufficiently appears how unjust and unreasonable all the particular Scandals are with relation to the businesse of Ireland in which His Majesty how impudently soever He hath been aspersed never did any or omitted the doing any thing but according to those rules which are most justifiable before God and man it were to be wished that the two Houses of Parliament had but as well performed their duty and obligations but it cannot be forgotten that neer the beginning of this Rebellion when the Houses pretended wonderfull difficulty to raise men for that Service and when a seasonable supply would utterly have broken and defeated the Rebels the King sent a Message to them on the 28 of December 1641. That His Majesty being very sensible of the great miseries and distresses of His Subjects in the Kingdome of Ireland which daily increased and the bloud which had been already spilt by the cruelty and barbarousnesse of those Rebels crying out so loud and perceiving how slowly the succours designed thither went on His Majesty Himself would take care that by Commissions which He would grant ten thousand English Voluntiers should be speedily raised for that service if the House of Commons would declare that they would pay them which offer from His Majesty was rejected and no considerable supplies sent till they had compelled His Majesty to consent to such a Bill for Pressing as might devest and rob Him of a necessary and legall power inherent in His Crowne Nor can it be forgotten that they reserved those men which were raised for Ireland and would not otherwise have been engaged in their Service but on that pretence and brought them to fight against His Majesty at Edge-hill and afterwards retained them still in their Service That they imployed the mony raised by Act of Parliament for the relief of Ireland and with a particular caution that it should be imployed no other way for the support and maintenance of that Army led by the Earle of Essex against the King and that from the beginning of the Rebellion in England though they received vast sums of mony raised only for Ireland they never administred any considerable supply thither that they could apply to the advancement of their owne Designes at home against the King These particulars of which kind every man may call to mind many more nor their notable compliance with the Irish Committee when they came first over are remembred to imply that the two Houses of Parliament were guilty of raising the Rebellion in Ireland otherwise then by their principles and proceedings in diminution of the King 's soveraigne power or that they cherished it after it was begun otherwise then by not wisely and vigorously endeavouring to suppresse it before it spread so universally but that which may be justly laid to their charge is their affecting and grasping the power of carrying on that War which so great a body is not fit for their imprudent and unpolitique declaring an animosity against the whole Nation and even a purpose for their utter extirpation and disposing their Lands to those who would be adventurers for it which Act and Declaration it is known drove many into open Rebellion who were not before suspected or at least declared to be affected to the Rebels and lastly their giving all their minds up to the kindling that horrid and monstrous rebellion here rather then to the extinguishing the other in Ireland 16. Next succeeds the Charge against the King for the unusuall preparation of Ammunition and Armes upon His return from Scotland with new Guards within and about White-hall the Fire-works taken and found in Papists houses the Tower filled with New guards Granadoes and all sorts of Fire-works Morters and great pieces of Battery the dis-placing Sir William Balfore and placing other Officers who were suspected by them and the whole City Not to speak of the entertainment they provided for the King against His return out of Scotland when in stead of thanking Him for having passed so many good Acts of grace and favour to them that there was no one thing more that the Kingdome could reasonably aske from Him or requisite to make them the most happy Nation of the world They presented Him a Remonstrance as they called it of the State of the Kingdome laying before Him to use His Majesties own words and publishing to the world all the mistakes and all the mis-fortunes which hapned from His first comming to the Crowne and before to that houre forgetting the blessed condition all His Subjects had enjoyed in the benefit of peace and plenty under His Majesty to the envy of Christendome Not to speak of the licence then used in language when upon debate of some pretended breach of Order one of the principall Promoters of this Declaration publickly said in the House of Commons without controle that their Discipline ought to be severe for the enemy was in view when the King was come within one daies journey of the City His Majesty found a band of Souldiers entertained to guard the two Houses of Parliament which as it had bin never known in age before in that manner so there was not now the least visible cause for it but that there had been a Plot in Scotland against the persons of the Marquesse of Hamilton and Argyle and therefore there might be the like upon some principall Members here Upon the King's return the Earl of Essex resigned up the Commission with which he had been intrusted by His Majesty during His absence to preserve the peace of the Kingdome and thereupon that Guard which was drawn together by vertue of that authority in that Earle was dissolved with it The King came then to White-hall and for what passed afterward heare in His owne words in His Declaration of the 12. of August Great multitudes of mutinous people every day resorted to Westminster threatned to pul down the lodgings where divers of the Bishops lay assaulted some in their Coaches chased others with Boats by water laid violent hands on the Arch-bishop of Yorke in his passing to the House and had he not been rescued by force it is probable they had murdered him crying through the streets Westminster-hall and between the two Houses No Bishops no Bishops no Popish Lords and mis-used the severall Members of either House who they were informed favoured not their desperate and seditious ends proclaiming the names of severall of the Peers as evill and rotten-hearted Lords and in their return from thence made stand before Our gate at White-hall said they would have no more Porters Lodge but would speak with the King when they pleased and used such desperate rebellious discourse that We had great reason to believe Our owne Person Our Royall Consort and Our Children to be in evident danger of violence and therefore were compelled at Our
great charge to entertain a Guard for securing Us from that danger These are His Majesties own words and containe no more then is known to all men and hath never yet been particularly denied by themselves therefore sure the King had great reason to provide some Guard for Himself and what was that Guard Many Colonels and Officers of quality attended the Parliament for Mony due to them by the publique Faith which to this day hath not been paid to them these Gentlemen upon the Offer of their Service to the King in this exigent were listed and attended at White-hall to defend it against the insolency of those Tumults and the little Ammunition and Armes which was brought thither was for that purpose That the Houses within few daies after raised a stronger Guard for themselves without and against the King's Consent and with that and other Forces countenanced by that drove the King from the Towne is as true and notorious to all the world What is meant by the Fire-works found and taken in Papists houses is not understood except they intend the Lord Herbert's house which being at that time mentioned and examined was in the House of Commons rejected as an idle bruite some of their principall Members affirming they had been there and were satisfied that there was nothing in the practice or designe but what was very justifiable The Tower was so farre from being filled with new Guards that there were no new Guards put there till the Houses took the boldnesse to doe it and if the King had made any addition of strength to His own Fort it would have been no more then He might well have done But that the having Granadoes and all sorts of Fire-works Morters and great Pieces of Battery ready prepared in the Tower should be objected to the King is wonderfull since it is the proper place where such Utensils for war are to be and if they had been in any other place it might have administred some occasion of jealousie there were no more pieces of Battery prepared and mounted against the City then had been usuall and accustomed It was in the King 's just power to remove any man from being Lieutenant of the Tower whose fidelity or affection he suspected or made question of yet what just reason soever He had for either Sir William Balfore was removed with his own consent and upon such a present recompence in mony as himself thought an ample compensation it is true some factious Citizens who were alwaies ready to be applied to any seditious action petitioned against Sir John Byron who succeeded in that Command and alleaged that their jealousie was such that they were forced to forbear the bringing in of Bullyon to the Mint when in truth there was not one of those who concurred in that Petition that ever brought Bullyon thither or used thar Trade and to use His Majesties owne words it is notoriously known There was more Bullyon brought into the Mint in the time that Gentleman was Lieutenant then in the same quantity of time in any mans remembrance And surely it will be a great brand upon that time and the City to posterity and an evidence how far they were from lodging English hearts in their brests that they would think themselves lesse secure in Sir John Byron a person of Noble Extraction generous education unblemished reputation and a full fortune then of an indigent Forainer who had no other Arts to live by then those of which they justly complained and could not serve them without betraying his faith to his Master to whom he was particularly sworn and ingaged by infinite Obligations Hitherto they have examined only the errors and oversights at least the lesse raging enormities of the first Sixteen or Seventeen years of His Majesties Reigne now they are entring into the high waies where they say the tract of open force against the Parliament and Kingdom did appear more visible 17. The first instance is the Charge of Treason against some of both Houses and that unparallel'd Act of violence by the King 's coming so attended to the House of Commons which they say was but the Prologue to a bloudy Tragedy c. Though the tale of the Members did at that time serve their turne to worke upon the un-skilfull and un-distinguishing minds of the people and to apply them to their Service it was believed they would have now blushed to have remembred it since as discerning-men were not at that time in any degree satisfied of their innocence so all men by the demeanour of those Members afterwards have concluded that the King had very good reason then to accuse them though it may be the act was not so happily deliberated on as to foresee those accidents which might disturb the progresse of it Before any thing be said of the matter it self how far the King was from doing what was not right it will not be amisse to look back how far they then imputed this act to the King which is now so principall a part of the Charge against Him After His Majesty had excepted against some expressions used by them of His comming to the House of Commons as if He had intended violence in their Petition presented to Him at Tiballs 1. of March 1641. they besought His Majesty to believe that the dangerous and desperate designe upon the House was not inserted with any intention to cast the least aspertion upon His Majesty but therein they reflected upon the malignant party c. so that it seems the Houses then were not of the same opinion these men are now of For the matter it self That any Members of either House may be prosecuted in the same manner as if they were not Members in the case of Treason or Felony is so known a truth that no man who pretends to know the Laws of the Kingdome or Presidents of Parliament ever thought the contrary or heard the contrary said till since the case of these Members and the same hath been alwaies acknowledged in all Parliaments and may be said to be acknowledged by this since the Lord chief Justice Coke sets it down as a maxime in his Chapter of the High Court of Parliament which was printed by the especiall Order of the House of Commons since this Parliament began That the King had reason to accuse these Members of high Treason can be as little doubted since He could make particular proof against them of a solemn Combination entred into by them for altering the Government of the Church and State of their soliciting and drawing down the Tumults to Westminster and of their bidding the people in the height of their rage and fury to go to White-hall of their scornfull and odious mention of His Majesties Person and their designe of getting the Prince into their hands and of their Treating with Forain power to assist them if they should faile in their enterprizes And why the King's Attourny upon these
as any other part of the discourse there being said only by Captain Chudleigh who it seems believed it not by His engaging Himself to the Parliament from that time as the better Pay-masters and was highly valued by them 20. It seems they take it as granted that their frivolous and malitious allegations will serve turne in stead of proofs and therefore they take the boldnesse to tax His Majesty with breach of honour and faith and to reproach Him for calling God to witnesse and making so many solemn protestations against any thought of bringing up the Northern Army or of leavying Forces to wage war with His Parliament or of bringing in forain Forces or aids from beyond the Sea which they say Himself said would not only bury the Kingdom in sudden destruction and ruine but His own name and Posterity in perpetuall scorne and infamy If these Gentlemen would deale faithfully with the world and confesse what troubles them most they would acknowledge that their grief is that the King is so punctuall and severe in keeping His word and protestations not that He is apt to fall from them If He would have practised their arts of dissembling and descended to their vile licence of promising and protesting what He never meant to think of after He might have prevented them in many of their successes but the greatnesse of His mind alwaies disdained even to prosper or be secure by any deviations from truth and honour and what He hath promised He hath been religious in observing though to His own damage and inconvenience He hath made no protestation about bringing up the Northern Army or of leavying Forces against the Parliament or for the Rights of the Subject which was not exactly true and agreeable to the Princely thoughts and resolutions of His heart The occasion of His Majesties using that expression concerning forain Force which is here remembred by them was this In the Declaration delivered to His Majesty from the two Houses at Newmarket on the 9 of March 1641. they told Him that by the manifold advertisements which they had from Rome Venice Paris and other parts they expected that His Majesty had still some great designe in hand and that the Popes Nuntio had solicited the Kings of France and Spaine to lend His Majesty four thousand men apiece to help to maintain His Royalty against the Parliament were some of the grounds of their fears and jealousies To which His Majesty made answer in these words What your advertisements are from Rome Venice Paris and other parts or what the Pope's Nuntio solicited the Kings of France or Spaine to do or from what persons such informations come to you or how the credit and reputation of such persons have been sifted and examined We know not but are confident no sober honest man in Our Kingdomes can believe that We are so desperate or so senslesse to entertain such designes as would not only bury this Our Kingdome in sudden destruction and ruine but Our name and posterity in perpetuall scorn and infamy That this Answer was most prudently and justly applied to that extravagant and senslesse suggestion cannot be doubted but because the King at that time before the War or a declared purpose in them to raise a War against Him held it an odious and infamous thing to thinke of bringing in foraine Forces upon His owne Kingdome that He might not therefore think it afterwards necessary and find it just to call in forain Succours to defend Him from a Rebellion that besides mixtures of all Nations was assisted by an intire forain Army to oppresse Him and His posterity no reasonable man can suggest or suppose and yet how far He hath been from entertaining any such aide the event declares which it may be many wise men reckon amongst His greatest errours and oversights and which no question if He had not been full of as much tendernesse and compassion towards His people as these men want He would have found no difficulty to have practised They proceed to improve this most groundlesse and unreasonable scandall by another instance that when His Majesty Himself and the Lords made a Protestation at Yorke against leavying Forces He commanded His Subjects by Proclamation to resist the Orders of the Parliament and did many other Facts contrary to that Protestation the particulars whereof are mentioned and shall be examined and answered The Act which they call a Protestation by the King the Lords at Yorke passed on the 15 day of June 1642. being six and twenty daies after both Houses had declared that the King intended to leavy war against the Parliament and thereupon published their Propositions for bringing in Money or Plate for the raising and maintaining an Army The King conceiving so positive and monstrous an averment might make some impression upon and gain credit with his people called the Peers together who attended Him and taking notice of that wicked Declaration declared to them That He alwaies had and then did abhor all such designes and desired them to declare whether being upon the place they saw any colour of preparations or counsels that might reasonably beget a belief of any such designe and whether they were not fully perswaded that His Majesty had no such intention whereupon seven and thirty Peers who then attended His Majesty being double the number that at that time or since remained in the House of Peers at Westminster unanimously declared under their hands which was published to the Kingdome that they saw not any colour of preparations or counsels that might reasonably beget the belief of any such designe and did professe before God and testifie to all the world That they were fully perswaded that His Majesty had no such intention but that all His endeavours did tend to the firm and constant setlement of the true Protestant Religion the just Priviledges of Parliament the Liberty of the Subject the Law Peace and prosperity of the Kingdome notwithstanding which clear evidence they made what haste they could to raise an Army and to engage the people against their Soveraigne Lord the King That His Majesty intended not by that profession on His part nor the Lords thought themselves obliged on their parts to give any countenance to or not to resist the Orders which then issued out every day from those at Westminster who called themselves the two Houses needs no other evidence then His Majesties Declaration published two daies before 13 of June in which amongst other particulars He declared to the Peers That He would not as was falsly pretended engage them or any of them in any War against the Parliament except it were for His owne necessary defence and safety against such as should insolently invade or attempt against His Majesty or such as should adhere to Him And that very day the very same Peers whereof the Earl of Salisbury was one engaged themselves to the King under their hands That they would defend
the act which had been done and willing to doe any thing for the King's service declared That the Thursday night following he should have the Guard at the North Gate and that if an Alarum were given at another Gate called Hessell-Gate he would let those in who came from the King Mr. Beckwith promised if he would perform this he should have a very good reward and that if he could convert his Captain one Lowanger a Dutch-man to joyn with him he should likewise be very liberally rewarded This is all that was alleaged against Mr. Beckwith as appears by Sir John Hothams Letter of the whole information to Mr. Pim entred in the Journall booke of the House of Commons and printed by their Order Fookes as soon as he returned to Hull discovered all to Sir Iohn Hotham and he derived it to the House of Commons as is said and they upon this evidence sent their Sergeant at Armes or his Messenger to apprehend Beckwith as a Delinquent who upon notice of the treachery of his Son-in-law durst not stay at his house but removed to Yorke The Messenger with the confidence of his Masters boldly came thither and finding the Gentleman in the Court and in the Garden where the King himself was walking had the presumption to serve the Warrant upon him and to claim him as his Prisoner it was indeed a great wonder that the Messenger was not very severely handled but the reverence to the King's Person preserved him who bore no reverence to it and His Majesty being informed what had hapned called for the Fellow and having seen his Warrant bid him return to those that sent him and forbear committing the like insolency lest he fared worse this was the beating their Messenger and this the protection Mr. Beckwith had nor was there ever any Posse Comitatus raised the High Sheriffe daily waiting on His Majesty and observing the Orders he received from Him according to the duty of his office Whatever this offence had been it was never knowne before this Parliament that the Messenger of either House ever presumed to serve a warrant within the King's Court much lesse in his Presence which whilst loyalty and duty were in reputation was held too sacred for such presumptions the Law confessing such priviledges and exemptions to be due to those places That the Lord cannot seize his Villaine in the King's presence because the presence of the King is a sanctuary unto him saies my Lord Dyer For the matter it self sure there is no man yet that will avow himself to be so much out of his wits as to say that the King should have suffered Mr. Beckwith to be carried to Westminster as a Delinquent for doing the part of a good Subject and to be tried by those who owned the Treason that was committed nor can there be one person named whom they sent for as a Delinquent and the King protected except those who had been a yeare together attending upon them and demanding justice or those against whom nothing was objected but that they waited on and attended his Majesty For the Traytors and Felons they were only to be found within their owne verge and protected by their owne priviledges Very few lines will serve here to take notice of the difference between the King's usage of their Messengers and their usage of the King 's their Messenger sent by them on an unlawfull imployment to apprehend a person they had no power to send for and for a crime of which if he had been guilty they had no cognisance and executing their commands in an unlawfull manner and in a place where he ought not to have done it though the command had been just was by the King fairly dismissed without so much as imprisonment or restraint The Kings Messenger sent by his Majesty with a legall Writ to London for the adjournment of the Tearme which is absolutely in the King's power to do and can be regularly done no other way for performing his duty in this Service according to his Oath and for not doing whereof he had been punishable and justly forfeited his place without any other crime objected to him was taken imprisoned tried at a Court of War by them condemned to be hanged and was executed accordingly That bloud will cry aloud But they say with those Guards Cannon and Armes from beyond Sea the King attempted to force Hull in a hostile manner and that within few daies after that solemne Protestation at Yorke What the Protestation was is before set downe and his Majesties published resolution in this point before that Protestation nor did his Majesty ever conceal his purpose in this or other cases of that nature or disguised his purpose with any specious promises or pretences but plainly told them and the world what they were to expect at his hands To their expostulatory and menacing Petition delivered to his Majesty at his first comming to Yorke on the 26 of March the King in his Answer used these words As we have not nor shall refuse any way agreeable to justice or honour which shall be offered to Us for the begetting a right understanding between Us so We are resolved that no straits or necessities to which We may be driven shall ever compell Us to doe that which the reason and understanding that God hath given Us and Our honour and interest with which God hath trusted Us for the good of Our Posterity and Kingdomes shall render unpleasant and grievous to Us. In this second Message concerning Hull the second day after the Gates were shut against him his Majesty uses these words If We are brought into a condition so much worse then any of Our Subjects that whilst you all enjoy your priviledges and may not have your possessions disturbed or your titles questioned We only may be spoiled thrown out of Our Townes and Our goods taken from Us 't is time to examine how We have lost those priviledges and to trie all possible waies by the help of God the Law of the Land and the affection of our good Subjects to recover them and vindicate Our self from those injuries In his reply to their Answer concerning Sir Iohn Hotham presented to him on the 9 of May his Majesty told them that He expected that they would not put the Militia in execution untill they could shew Him by what Law they had authority to do the same without His consent or if they did He was confident that He should find much more obedience according to Law then they against Law Lastly in his Answer to a Declaration of the 21 of Iune 1642. about a fortnight before his going towards Hull with his Guards his Majesty told them plainly That the keeping Him out of Hull by S r John Hotham was an act of High Treason against him and the taking away his Magazine and Munition from him was an act of violence upon him by what hands or by whose directions soever
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
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
the world may judge are aggravated by the King 's so often refusing their addresses for peace the truth of which suggestions though for method sake the Order of their Declaration hath been inverted must be now considered and all of that kind which is scattered and dis-jointed in the Declaration shal for the same method sake be gathered together and resolved and in this Argument they seem to think they are so much upon the advantage ground that they are rather to make an Apology to the world for having so often made Addresses to their King then for resolving to doe so no more that is for enduring so long to be Subjects then for resolving hereafter to be so no more The truth is they never yet made any one addresse for peace onely somtime offered to receive his Crown if his Majesty would give it up to them without putting them to fight more for it for other sense or interpretation no Propositions yet ever sent to Him can bear and whereas they say they must not be so unthankfull to God as to forget they were never forced to any Treaty it is affirmed that there are not six Members who concur in this Declaration who ever gave their consent to any Treaty that hath yet been but when they were forced by the major part to consent to it they were so unthankfull to God for the opportunity of restoring a blessed peace to their Country that they framed such Propositions and clogged their Commissioners with such Instructions as made any Agreement impossible Though no Arithmetique but their own can reckon those Seven times in which they have made such applications to the King and tendred such Propositions that might occasion the world to judge they had not only yeilded up to their wills and affections but their reason also and judgment for obtaining a true peace and accommodation yet it will be no hard matter shortly to recollect the overtures which have bin made on both sides and thence it may best appear whether the King never yet offred any thing fit for them to receive or would accept of any tender fit for them to make What Propositions were made by them to prevent the War need not be remembred who ever reads the nineteen sent to Him to Yorke will scarce be able to name one Soveraigne power that was not there demanded from him nor can they now make Him lesse a King then He should have been if He had consented to those After His Standard was set up and by that his Majesty had shewed that He would not tamely be stripped of His Royall power without doing His best to defend it He sent a Message before bloud was yet drawn from Nottingham to desire that some fit persons might be inabled by them to treat with the like number to be authorized by His Majesty in such a manner and with such freedome of debate as might best tend to that happy conclusion which all good men desired The peace of the Kingdome to which gracious overture from His Majesty the Answer was that untill the King called in His Proclamations and Declarations and took down His Standard they could give Him no Answer And at the same time published a Declar to the Kingdome That they would not lay down their Arms untill the King should withdraw His protection from all such persons as had been voted by both Houses to be Delinquents or should be voted to be such that their Estates might be disposed to the defraying of the charges the Common-wealth had been put to And who they meant by those Delinquents they had in a former Declaration to the Inhabitants of York-shire expressed that all persons should have reparation out of the Estates of all such persons in any part of the Kingdome whatsoever who had withdrawn themselves to Yorke and should persist to serve the King c. This was one of their Applications in which they had yeilded up their wills and affections and their reason and judgment for obtaining peace They say they have cause to remember that the King somtimes denied to receive their humble Petitions for peace the which they had rather should be believed in grosse then trouble themselves with setting down the time and manner when it was done but out of their former writings it is no hard matter to guesse what they meane When the KING was at Shrewsbury and the Earle of Essex at Worcester towards the end of September 1642. the two Houses sent a Petition to their Generall to be presented to His Majesty in some safe and honourable way In which Petition they most humbly besought his Majesty to withdraw His Person from His own Army and to leave them to be suppressed by that power which they had sent against them and that He would in peace and safety without His Forces return to His Parliament The Earl of Essex by Letter to the Earle of Dorset who then attended his Majesty intimated that He had a Petition from both Houses to be delivered to his Majesty and for that purpose desired a safe Conduct for those who should be sent with it The Earle of Dorset by his Majesties command returned Answer That as He had never refused to receive any Petition from His Houses of Parliament so He should be ready to give such a reception and Answer to this as should be fit and that the Bringers of it should come and go with safety onely He required that none of those persons whom He had particularly accused of High Treason which at that time were very few should by colour of that Petition be imployed to His Majesty This Answer was declared to be a breach of priviledge and so that Petition which as His Majesty saies in His Answer to the Declaration of the 22 of October was fitter to be delivered after a Battle and full Conquest of Him then in the head of His Army when it might seem somwhat in His power whether He would be deposed or no was never delivered to his Majesty and this is the Petition which they now say He somtimes denied to receive They say that when they desired Him to appoint a place for a Committee of both Houses to attend His Majesty with Propositions for Peace He named Windsor promising to abide thereabouts till they came to Him but presently marched forward so neer London that He had almost surprized it whilst He had so ingaged Himself for a Treaty This likewise refers to the Petition sent to his Majesty at Colebrooke and all the circumstances were fully answered by his Majesty in his Declaration upon that occasion when this aspertion was first unreasonably cast upon Him It is true after the Battle at Edge-hill when they could no longer perswade their friends of the City that the King's Forces were scattered and their Army in pursuit of Him but in stead thereof they had pregnant evidence that his Majesties Army was marching towards them and was possessed
spent at Uxbridge is published to the world in which the last observation made by the King's Commissioners must not be forgotten That after a War of neer foure years for which the defence of the Protestant Religion the Liberty and Property of the Subject and the Priviledges of the Parliament were made the cause and grounds in a Treaty of Twenty daies nor indeed in the whole Propositions upon which the Treaty should be there hath been nothing offered to be treated concerning the breach of any Law or of the Liberty or Property of the Subject or Priviledge of Parliament but onely Propositions for the altering a Government established by Law and for the making new Laws by which almost all the old are or may be cancelled and there hath been nothing insisted on of the Kings part which is not Law or denied by the Kings Commissioners that the other required as due by Law For the Protestation which they say was entred about the time of this Treaty in the Councell-Book and of which his Majesty gave the Queen account it is known to be no other then a Declaration that by calling them a Parliament there could be no acknowledgment inferred that he esteemed them a free Parliament which few at that time did believe them to be and they have since upon as small reasons confessed themselves not to be They alleage as a wonderfull testimony of their meeknesse and good nature that after His Majesties Armies were all broken so that in disguise He fled from Oxford to the Scots at Newarke and from thence went to Newcastle they tendred to Him at Newcastle and afterwards when the Scots had left Him to the Commissioners of Parliament at Hampton-Court still the same Propositions in effect which had been presented before in the midst of all His strength and Forces which is rather an Argument that they had at first made them as bad as possibly they could then that they were good since and considering the natures of these Declarers there cannot be a more pregnant evidence of the ilnesse and vilenesse of those Propositions then that they have not made them worse nor is the condition in which they have now impiously put His Majesty for His refusall worse then it had been or would be His Personall liberty only excepted if He consented to them and in one consideration it is much better because it is now a confessed act of violence and treason upon Him which if He once consent to their Propositions they will when ever they find occasion appear legally qualified to do the same They have once again out of their desire of his Majesties concurrence descended to one other addresse to Him and they said they did so qualifie the said Propositions that where it might stand with the publique safety His wonted scruples and objections were prevented or removed and yeilded to a Personall Treaty on condition the King would signe but foure Bils which they judged not only just and honourable but necessary even for present peace and safety during such a Treaty and upon His deniall of these they are in despair of any good by addresses to the King neither must they be so injurious to the people in further delaying their setlement as any more to presse His consent to these or any other Propositions What the former Propositions and Addresses to His Majesty have been and how impossible it hath been for Him to consent to them with His Conscience Honour or Safety appears before and how inconvenient it would have been to the Kingdome if He had done it they themselves have declared by making such important alterations in respect of the English interest in those presented at Newcastle from the other treated on at Uxbridge it will be fit therefore to examine these foure Bils which were to be the condition of the Treaty One of these Bils is to devest His Majesty and His Posterity for ever of any power over the Militia and to transfer this right and more then ever was in the Crown to these men who keep Him Prisoner for it is in their power whether they will ever consent that it shall be in any other and to give them power to raise what Forces they please and what Mony they think fit upon His Subjects and by any waies or means they appoint and so frankly exclude Himself from any power in the making Laws There need no other Answer why it is not fit or possible for the King to consent to this then what the Commissioners from Scotland gave to the Houses when they declared their dissent If the Crownes have no power of the Militia how can they be able to resist their Enemies and the Enemies of the Kingdomes protect their Subjects or keep friendship or correspondence with their Allyes All Kings by their royall Office and Oath of Coronation are obliged to protect their Laws and Subjects it were strange then to seclude the Crown for ever from the power of doing that which by the Oath of Coronation they are obliged to perform and the obedience whereunto falleth within the Oath of Allegiance and certainly if the King and His Posterity shall have no power in making Laws nor in the Militia it roots up the strongest foundation of honour and safety which the Crown affords and will be interpreted in the eyes of the world to be a wresting of the Scepter and Sword out of their hands Nor can this just and honourable Assertion be answered and evaded by saying that the Militia was the principall immediate ground of their quarrell in order to the preservation of Religion and the just Rights and Liberties of the people and that the Scots Commissioners have often agreed with them in it and that the Kingdome of Scotland fought together with them for it and upon the ground thereof and that now they argue against their injoying it almost in the very same words as the King did at the beginning of the War in His Declarations It is no wonder that what these men have done and the horrid confusion they have made have evinced many truths which appeared not so manifest to all understandings by what the King said or that they have not so good an opinion of those who tell them that there is another and a more naturall way to peace and to the ending the war then by Agreement namely by Conquest As they had of them who with all imaginable solemnity swore that they would sincerely really and constantly endeavour with their estates and lives mutually to preserve and defend the King's Majesties Person and authority in the preservation and defence of the true Religion and Liberties of the Kingdomes that the world may bear witnesse with their Consciences of their Loyalty and that they had no thoughts or intentions to diminish His Majesties Power and Greatnesse which Engagements might perswade many that their purposes were other then they now appear to be For that other power they
require to raise what Monies they please and in what way they please All the people of England will say that which the Army said honestly in their Representation agreed upon at Newmarket on the 4 5 of June against the Ordinance of Indempnity We shall be sorry that our relief should be the occasion of setting up more Arbitrary Courts then there are already with so large a power of imprisoning any Free-men of England as this Bill gives let the persons intrusted appear never so just and faithfull Indeed that is asked of his Majesty by this Bill which the King can neither give nor they receive the King cannot give away His Dominion nor make His Subjects subject to any other Prince or power then to that under which they were born no man believes that the King can transfer His Soveraigne power to the French King or the King of Spaine or to the States of the united Provinces nor by the same reason can He transfer it to the States at Westminster And the learned and wise Grotius who will by no means endure that Subjects should take Armes against their Princes upon any specious pretences whatsoever concludes Si rex tradere regnum aut subjicere moliatur quin ei resisti in hoc possit non dubito aliud enim est imperium aliud habendi modus qui ne mutetur obstare potest populus to the which he applies that of Seneca Etsi parendum in omnibus patri in eo non parendum quò efficitur ne pater sit And it may be this may be the only case in which Subjects may take up defensive Armes that they may continue Subjects for without doubt no King hath power not to be a King because by devesting himselfe he gives away the right which belongs to others their title to and interest in his protection The two Houses themselves seemed to be of opinion when in their Declaration of the 27 of May 1642. they said the King by his Soveraignty is not enabled to destroy His people but to protect and defend them and the high Court of Parliament and all other His Majesties Officers and Ministers ought to be subservient to that power and authority which Law hath placed in His Majesty to that purpose though He Himself in His own Person should neglect the same So that by their own judgment and confession it is not in the King's power to part with that which they ask of Him and it is very probable if they could have prevailed with Him to do it they would before now have added it to His charge as the greatest breach of trust that ever King was guilty of They cannot receive what they ask if the King would give it in the Journall of the House of Commons they will find a Protestation entred by themselves in the third year of this King when the Petition of Right was depending in the debating whereof some expressions had been used which were capable of an ill interpretation That they neither meant nor had power to hurt the King's Prerogative And the Lord chief Justice Coke in the fourth part of his Institutes published by their Order since the beginning of this Parliament saies That it was declared in the 42 year of King Edw. 3. by the Lords and Commons in full Parliament that they could not assent to any thing in Parliament that tended to the disherison of the King and his Crowne whereunto they were sworne And Judge Hutton in his Argument against Ship-mony printed likewise by their Order since this Parliament agrees expresly That the power of making War Leagues the power of the Coyne and the Value of the Coynes usurped likewise by these Declarers and many other Monarchicall powers and prerogatives which to be taken away were against naturall reason and are incidents so inseparable that they cannot be taken away by Parliament To which may be added the authority of a more modern Author who uses to be of the most powerfull opinion Mr. Martin who saies that the Parliament it self hath not in his humble opinion authority enough to erect another authority equall to it self And these ambitious men who would impiously grasp the Soveraign power into their hands may remember the fate which attended that Ordinance in the time of King Hen. 3. to which that King metu incarcerationis perpetuae compulsus est consentire and by which the care and government of the Kingdom was put into the hands of four and twenty how unspeakable miseries befell the Kingdom thereby and that in a short time there grew so great faction and animosity amongst themselves that the major part desired the Ordinance might be repealed and the King restored to His just power that they who refused came to miserable ends and their Families were destroyed with them and the Kingdome knew no peace happinesse or quiet till all submission and acknowledgment and reparation was made to the King and that they got most reputation who were most forward to return to their duty So that it is believed if the King would transfer these powers though many persons of honour and fortune have been unhappily seduced into this combination that in truth no one of those would submit to bear a part of that insupportable burthen and that none would venture to act a part in this administration but such whose names were scarce heard of or persons known before these distractions If the King should consent to another of their four Bils He should subvert the whole foundations of government and leave Himself Posterity and the Kingdome without security when the fire that now burns is extinguished by making Rebellion the legitimate Child of the Law for if what these men have done be lawfull and just and the grounds upon which they have done it be justifiable the like may be done again and besides this He must acknowledge and declare all those who have served Him faithfully and out of the most abstracted considerations of Conscience and Honour to be wicked and guilty men and so render those glorious persons who have payed the full debt they owed to His Majesty and their Country by loosing their lives in His righteous cause and whose memories must be kept fresh and pretious to succeeding ages infamous after their deaths by declaring that they did ill for the doing whereof and the irreparable prejudice that would accrue thereby to truth innocence honour and justice all the Empires of the world would be a cheap and vile recompence Nor can this impossible demand be made reasonable by saying It would be a base and dishonourable thing for the Houses of Parliament being in that condition they are to have treated under the Gallows to have treated as Traytors their cause being not justified nor the Declarations against them as Rebels recalled It would be a much more base and dishonourable thing to renounce the Old and New Testament and declare that they are not the word of God
same time he brought a specious Message of renewing a Treaty was instructed how to manage that bloudy Massacre in London which was then designed by vertue of the Kings Commission since published Before any thing be said of that Plot it is known that Gentleman was imprisoned many daies before there was any mention of a Plot and the House of Peers solemnly expostulated the injury done to them in it and in vaine required his inlargement which they would not have done if there had been any other objection against him then the comming without a Passe from their Generall which was never understood to be requisite till the House of Commons very few daies before declared it to be so albeit themselves sent Messengers to the King without ever demanding a Passe Now to the Plot it self They have indeed published a Narration of that Plot which served their turn barbarously to put two very honest men to death and to undoe very many more and it is very probable they made that relation as full and clear as their evidence enabled them to do and yet who ever reads it cannot conclude reasonably that there was ever more in it then a communion between honest men of good reputation and fortunes and desirous of peace how they might be able to discountenance that disorderly rabble which upon all occasions protested against peace by appearing as strong and considerable in numbers as they and which certainly ought to have found as great countenance and encouragement from the Parliament as the other these discourses produced a disquisition of the generall affections of the City and that a more particular computation and estimate of the inclinations of particular men and so mention of severall things which in such and such cases would be necessary to be done and these discourses being by the treachery of a Servant discovered to those who could compound Plots and Conspiracies out of any Ingredients they joyned those and a Commission they had likewise met with together and so shaped a Conspiracy that they used as a Scar-crow to drive away any avowed and publique inclinations for peace the pressing whereof at that time was like to prove inconvenient to them but those discourses and that Commission had not the least relation to each other nor was there one man who was accused of or privy to those discourses whose name was in that Commission or indeed privy to it which had issued out a good time before and was to have been made use of being no other then a fair legall Commission of Array in English if the Kings motion with His Army towards those parts gave the people so much courage to appear for Him nor can there be a sober objection against the Kings granting such a Commission when they had their Ordinances ready upon all occasions to be executed in the Kings Quarters and had named Commissioners for that purpose in all the Counties of the Kingdome But to proceed in the Overtures for peace from the end of the Treaty at Oxford which was in April 1643. they never made one Overture or Addresse to his Majesty towards peace till the end of November 1644. in the mean time what approaches the King made towards it must be remembred After the taking of Bristol when his Majesties strength and power was visible and confessed in the West and in the North and the Enemies condition apparently low and in many of their opinions even desperate the King albeit His last Messenger was still in Prison and no Answer to his Messages by His Declaration of the 30 of June again renewed all the professions and offers He had before made and told them that revenge and bloud thirstinesse had never been imputed to His Majesty by those who had neither left His government or nature un-examined with the greatest boldnesse and malice and therefore besought them to return to their Allegiance what passed from his Majesty himself and from the Lords and Commons at Oxford in March following and with what importunity they desired there might be a Treaty by which some waies means might be found how a peace might be procured and how peremptorily and disdainfully they rejected that desire in their Answer to his Majesty of the 9 of March because the greatest and the greatest number of the Peers of the Kingdome and the greatest part of the House of Commons then with his Majesty at Oxford seemed by Him to be put in an equall condition with them at Westminster though they had been content since to put the Officers of the Army into at least an equall condition with them by treating with them is to be seen and read and needs no repetition In July following which was in the year 1644. after He had routed the best part of Sir William Waller's Army and taken his Cannon his Majesty sent from Evesham another Message to the two Houses to desire them that there might yet be a Cessation and that some persons might be sent to Him with any Propositions that might be for the good of His people and He would condescend to them to which they never returned Answer Two Months after on the 8 of September when He had totally defeated the Army of the Earl of Essex in Cornwall taken all their Cannon Armes and Baggage the King again sent to them that the extraordinary successe with which God had blessed Him in so eminent a manner brought Him no joy for any other consideration then for the hopes He had that it might be a means to make others lay to heart as He did the miseries brought and continued upon this Kingdome by this unnaturall war and that it might open their ears and dispose their minds to imbrace those offers of peace and reconciliation which had been so often and so earnestly made unto them by Him and from the constant and fervent endeavours of which He resolved never to desist and so conjured them to consider His last Message and to send Him an Answer To this Message likewise they never sent Answer and these were the tenders made by his Majesty which they say were never fit for them to receive we shall now proceed to those they thought fit to offer and accuse his Majesty for not accepting On the 23 of November 1644. the Committee from the two Houses brought the Propositions to the King which they say were agreed on by the Parliaments of both Kingdoms not only as just but necessary also for the very being of these Kingdoms in a setled peace and safety And which required his Majesty to resigne up all His Regall power in His three Kingdomes to those who sent those Propositions to take their Covenant and injoyne all others to take it and to sacrifice all His owne Party who had served Him honestly and faithfully to the fury and appetite of those who had cast off their Allegiance to Him and to leave Himself the meer empty name of a King How the twenty daies were afterwards