AN ANSWER TO THE DECLARATION OF THE HOVSE OF COMMONS OF THE 11. OF FEBRVARY 1647.
In which they expresse the Reasons for their Resolutions for making no more Addresses, nor receaving any from His Majesty.
PRINTED in the Yeere 1648.
TO MY GOOD COVNTRY-MEN of England, and fellow Subjects of Scotland, and Ireland.
I Shall not in this Epistle tell you, that by the word of God, he that resisteth the Powers ordeined over us, shall receive to himselfe Damnation; nor that by the Law of the Land, it is high Treason to levy War against the King, to depose Him from the Government, to imprison Him, to adhere to His Enemies, to reforme Him by force, or to do any thing with intention to alienate the Hearts and affections of the People from Him; neither shall I tell you that it is Perjury, and against our solemn Oaths and Protestations, not to bear unto the King true Faith and Allegeance, and not to defend His Person and Honour, and not to maintain all His just Rights. I shall only put you in minde of that, which, if we were no Christians but Heathens, if we had no regard of Lawes or Oaths, yet as Men, would binde us, which is the Law of Nature, by which we are taught, to do as we would be done unto. Let every man in his own particular consider, that if he were accused of Tyranny and Oppression, of all sorts of cruelties, of intending bloody [Page]massacres, of mercilesse Torturings, of Perjury, of a continued Tracke of Falshood, and breach of Ʋowes and Promises through his whole life, of conniving at his Fathers death, and dishonouring of his Mothers, and in them all, not one word of truth; would he not thinke it a most barbarous, irrationall, and inhumane proceeding, that he should not only be used as if he were guilty of them all, but that he should be rendred odious to the world, and infamous to posterity, without ever being heard or admitted to the means of making any Answer, whereby to clear his Innocency and Honour? This is your King's case, who notwithstanding this libellous Declaration, and His great Misfortunes, is one of the most pious, temperate, couragious, and just Princes that our Nation ever had. If He may be afforded no other right, let Him not be denyed that naturall Iustice which every man would thinke due unto himselfe, of not being condemned unheard and undefended; for whatsoever is set down in this Answer, is but one private mans knowledge and information; But when you shall see the Kings own perfect Answer, I am most confident your hearts will be on fire to see so good a King so ill used.
IN regard that some particulars relating to the same matter, are spoken of in severall places of this Declaration, for the avoyding of confusion in the Answer, they are answered together; so that in some things the place of them is not exactly kept, but sometimes that which is before in the Declaration, is after in the Answer, therefore in this Index each particular is set down, and in what page the answer to it shall be found.
- The Introduction. pag. 1. 2.
- That their former Addresses to the King have bin fruitlesse. pag. 3.
- They could have no confidence that words should be more preswasive with the King, then sighs and groanes, &c. pag. 4.
- That they have made seaven Addresses to the King. ibid.
- In what sort the Scotch Commissioners joyned with them; and the Reasons why they conceal the Scots present dissent from them. pag. 5. 6.
- That the King never made any offer fit for them to accept. pag. 7.
- They say, they cannot expect that new ingagements should prevail more with the King then His Oath of Coronation, and severall other Vowes which He hath frequently broken. pag. 8.
- That the King in His Speeches and Declarations hath laid a fit maxime for all Tiranny, by avowing that He oweth account of His Actions to none but God. pag. 9.
- The match with Spain. pag. 10.
- The King's having an Agent at Rome. ibid.
- The passages concerning the death of King Iames. pag. 10. 11. 12. 13.
- Touching the betraying of Rochell. pag. 13. 14.
- The bringing in of German Horse. pag. 15.
- Torturing of our bodies with rackes and pillories, &c. pag. 15. 16.
- The Lording over mens soules. pag. 17.
- Searching of Cabinets ibid.
- Monopolies and Ship-money. pag. 18.
- The King's summoning this present Parliament to have assistance against the Scots. p. 19.
- The King so passionately affected to His malignant Counsellors, that He would rather desert His Parliament and Kingdom, then deliver them to Law and Iustice. pag. 19. 20. 21.
- The bringing up of the Northern Army. pag. 21. 22.
- The Rebellion of Ireland answered together. pag. 23. 24. 25. 26.
- The King's denying of Commissions to the Lord Wharton, and Lord Brooke. pag. 26.
- They say they need not tell the world hovv the Scots entred the Kingdom. ibid.
- [Page]The Lord Digby's attempting the Country with armed Troops. pag. 26.
- The Lord Digby's man hiring a Skipper to be Pilot to a fleet preparing in Denmarke. pag. 27.
- The King's Letters to the King of Denmarke touching the Queen His Mother. ibid.
- That the King sent away with the Queen, the ancient Ievvels of the Crovvn. ibid.
- The King sent a Specious message of renevving a Treaty, but His messenger was to have managed a bloody Massacre. pag. 27. 28.
- Touching the King's march to Brainford. pag. 28.
- The King's denying to receive their Petitions. ibid.
- All things concerning the Queen ansvvered together. pag. 28. 29.
- Touching the Letters written to the Pope. pag. 30.
- The King's offer of the plunder of London, and foure Northern Counties to the Scots. pag. 30. 31.
- Fire-workes found in Papists houses. pag. 31.
- Of putting the Tovver into such hands as the Citty could not conside in. ibid.
- The Tracke of open force begun in the King's coming to the House, and charging some Members of Treason. pag. 32.
- That the King entred into the Counsell-booke, that the calling of them a Parliament did not make them so. pag. 33.
- Their standing amazed at the King's solemn Protestation, of having no thought to make War against His Parliament, &c. ibid.
- That the King endeavoured to get powder and canon out of Hull. ibid.
- That the King proclaimed them Traitors and Rebels, and set up His Standard against His Parliament. pag. 34.
- That the King called a mock-Parliament at Oxford. ibid.
- The King's breach of Trust with the Protestants of France, Scotland, Ireland, &c. and His endeavours to enslave them by German, Spanish, French, Danish, &c. pag 35.
- That the King having protested that He would never consent to a toleration of the Popish Religion, nor taking away the Lavves against Recusants, did yet by His Letters signify His consent to the taking of them avvay. ibid.
- That notvvithstanding that the Houses & Scotch Commissioners did declare that they held a personall Treaty not safe, yet the Houses yeilded to it. pag. 36.
- That they intimate that the signing of the foure Bils vvas only for their security during the Treaty. ibid.
- Of the justnesse, honourablenesse, and necessity of the foure Bils. pag. 37. 38.
- That in refusing this their last Application, the King hath forgot His duty to the Kingdom. pag. 39.
- That for these reasons they have taken these resolutions and votes, to have no more to do vvith His Majesty, and to settle the Kingdom vvithout Him. pag. 40.
- The Conclusion, setting dovvn the falshood, fraud, and malice of all that is said in this Declaration. pag. 40. 41. 42.
AN ANSWER TO THE DECLARATION of the House of Commons of the 11. of February 1647. in which they expresse the Reasons for their Resolutions for making no more Addresses, nor receaving any, from his Majesty.
WHEN the Sonne of Croesus who had never spoken (being born dumbe) saw his Father ready to be destroyed, nature brake open all those ligaments that had formerly tyed up his tongue, & he cryed out, That his Father might be saved: The King that ought to be the common Father of us all, & is still of his loyall Subjects, is upon the point of being destroyed; He is deposed from his Right of governing, close imprisoned, and no Addresse either to Him, or from Him is admitted; and which is more, His honour and Innocency which are dearer to him then his Life, are endeavour'd by this wicked and false Declaration (made by a prevalent Party of the House of Commons) to be blasted, and Himselfe rendred to His people & to Posterity, the most odious and detestable of Men, & the most tyrannicall of Kings, whilst He himselfe is detained in close prison, and in likelyhood kept ignorant of what is said, or working against Him; Or if He (for His further vexation) have notice of what He is accused, all means of clearing Himselfe, & vindicating of His honour are debatred Him; His Papers of the Transaction of Affairs kept from Him; the accesse of any of His Secretaries, or His Privy Counsell, or Counsell of Law not admitted.
The Houses when they impeach the most capitall Offenders even of high Treason, in such Cases the supposed Delinquents are allowed Transcripts of their Accusations, Counsell in the point of Law, & a convenient time for the publishing of their Answer; and this was afforded unto the Earle of Strafford, the Arch-Bishop of Canterbury, and is now to the six Lords impeached of high Treason; & is a Iustice not denyed to Traitors & Murderers; But how it can be afforded to the King, I cannot see, since He himselfe can make no addresse whereby to obtain it, and no man els may upon [Page 2]pain of death make any Addresse unto him to receive his directions.
This certainly may be a sufficient motive to any man, nay to all men, as it hath bin to me, in this distresse and oppression of the King, to set down what is in their knowledge and reason toward the confuting of those malicious Aspersions cast upon him by this Declaration, untill God shall give the King means by his own full and perfect Answer to blow back the poysonous and infectious vapours into the faces of that prevalent Party (that with Art and Terrour carried this Declaration) to their perpetuall infamy and shame: And in the interim, I shall desire that this may be receaved but only as a preparative to keep the mindes of men from being too much carryed away with one story untill the other Tale be told.
THE Scope of this Declaration is expressed to be, to set dovvn the Reasons for these ensuing Resolutions;
1. That they will make no farther Addresses nor Applications to the King.
2. That no Application nor Addresses be made to the King by any Person whatsoever, without the leave of both Houses.
3. That they will receive no more any Message from the King, & do enjoin that no Person whatsoever do presume to receive, or bring any Message from the King to both or either House of Parliament, or to any other Person.
4. That the Person or Persons that shall make breach of this Order, shall incur the Penalties of high Treason.
So that it may be justly expected that this Declaration shall lay down unto the People whom they intend to satisfy, such Reasons as may justify the said Votes, with the Consequences and Proceedings thereupon.
And the way to make plain the strength of their Argument, is, to set it dovvn plainly, vvhich must run thus;
A King having committed those crimes vvhich are set dovvn in this Declaration, the Houses may remove from the Government, imprison Him, and debar all Addresses to Him or from Him, as they have done.
But King CHARLES hath committed these crimes; And so the Houses may proceed against Him, as they have done:
When a clear Answer shall be made unto this Argument, the debate wilbe brought unto a shorter issue, and the people before whom the scene now lyeth, will have an easy way to frame a Iudgement, whether they ought to be satisfyed with the proceeding of the Houses, [as is pretended by this Declaration,] or whether they shall not have just cause to detest and abominate both their Declaration and their Proceedings.
The Answer breifly is, That both Propositions are false; The first, that a King doing those things laid down in this Declaration may be removed from the Government, imprison'd &c by the Houses.
The second is, That King Charles hath done the things alleaged in this Declaration; But because the second Proposition is that which this Declaration endeavours cheifly to infer and make good, This Answer shall [Page 3]first insist upon the truth or falsehood of the matters of fact; viz. Whether the King have done the things suggested? And afterwards shew breifly, the Impiety, Danger, and Treasonablenesse of the first; Viz. That subjects may upon such Suggestions, if true as they are false, depose their King.
THE entrance into this Declaration is in these Words; Hovv fruitlesse our former Addresses have bin to the King, is well known unto the World.
It is willingly lest unto the Iudgement of the World to whom they appeal, whether the Addresses of the Houses [whilst their Addresses were made unto the King in such dutifull and sober manner as Subjects, yea even the Houses themselves ought to addresse themselves unto their King] were fruitlesse, when so many things have by the King been this Parliament condescended unto, as have enforced them to acknowledge in some of their Publique Declarations, That the King hath granted more for the liberty & ease of His people, then had bin granted by any of His Predecessors; I thinke with truth it might have bin said, then all of them; and it will not be amisse to set down some of them; The high Court of Star-Chamber; The high Commission, & five Courts more of lustice, all established by Law [pretended to be for the ease of the people, but apparetly much to the lessening of the Authority of the Crown] have been wholly abolished; an Act for a trienniall Parliament; another for the taking away of the Kings undoubted Power of dissolving this, without the Consent of the Houses; an Act for regulating the power of the Councell Table, according to their own defires; an Act for the taking away of the Bishops Votes in Parliament; an Act for the bounding and limiting of Forrests; others for the restraining of the King to lay Impositions, to levy Tonnage and Poundage, or to presse Souldiers without Consent of Parliament. All these with many more have been the fruits of their former addresses unto the king; And now if they find any stop or refusall in what they propound, it is not for that the Kings inclination and readinesse to gratify his people is lessen'd or alter'd; but it is that they have altered their manerly and dutifull wayes of their Addresses, and now will force by Armes and Victories what they had wont to petition for. And for the matters desired, whereas before there vvas in them a pretence of the Kings honour & safety, & of the Subjects ease and liberty, in the Propositions novv insisted upon, it is cleerly apparent, That the King is by them unthroned; The Soveraignty taken from Him, and placed in themselves; And the Subject [which if they would have contented themselves with the above specifyed Concessions, should have been the happiest and freest people of all the Subjects of Christendom] shall (if the King should condescend to their late demands) become Slaves in their Liberties, Lives, and Properties, by being left to the arbitrary and lavvlesse Povver of them, their fellovv Subjects; and this is so beleived by all men but themselves and their Adherents, even by their brethren of Scotland, which hath administred unto them just grounds for their dissenting from them, as [Page 4]shalbe made apparent before this Discourse be ended.
Whereas they say next, That they could not have confidence that Words should prevail more with Him then Sighs and Groans &c.
Let the World judge whether these men at ease and invested with all Povver and Authority, are more likely to be moved with sighs and groans, cryes of Fathers, and Mothers, & Children, &c. or the King who is debarr'd the society of the Queen his most dear Wife; his Children bannish'd or under restraint; His Freinds ruin'd, destroyed, and persecuted; and some for their love and loyalty to His person, hang'd, dravvn, and quarter'd; and all in danger of it, that shall in any sort endeavour to serve Him; Himselfe divested of all manner of comfort either for His body or Soul; besides the tender sense that He must needs have of the miseries of his people: must not the World conclude the King not only to be voyd of all naturall affections, and all bovvels of compassion, both tovvards Himselfe, and all that are nearest and dearest unto Him, but to want also common sense and understanding, if He should not embrace all means that with honour and conscience He might, for the speediest settlement of the distracted and miserable condition of Himselfe, and His Kingdoms?
It is then said, that they vvere never forced to any Treaty, and yet they have made seaven times application to the King, notwithstanding their great successe in overthrowing all His forces, so that He fled in disguise to the Scots.
It is true that they so well laid their businesse, that at the first they possessed themselves of the povver of all the Kingdom both by sea and land; of the City of London; and of the Kings Customs; of His Revenue; of His Magazins; and of the abused hearts of His people; whereas the King wanting every thing but a good cause, hath from the beginning only struggled to subsist: But let not Successe against the King be vanted of; Successe is not alvvayes a Proofe of a good Cause, God hath often punish'd His Church by the povver of Infidels, and made wicked men the Scourge wherevvith He hath chastised His Children, and then cast the rod into the fire, and lifted up the heads of His afflicted Servants.
Whereas they say, That they have made 7. times applications unto the King for Peace, Their ovvn consciences [I mean so many of them as have bin behinde the Curtain) do tell them, That so many times they have offended God, and abused the World with detestable Hipocrisy, by making shevv of that which was never in their thoughts; And all the said Treaties which they speak of, were ever with those unreasonable, unconscionable, and dishonourable Propositions, that they well knevv that their Intentions of continuing of a War, could run no hazard by such Proposals for Peace; yet whosoever shall peruse all those severall Treaties which are with great exactnesse set dovvn in their ovvn Books (and printed by their ovvn Order) of Exact Collections, wilbe able to judge of the difference of Spirits then walking; In them instead of Reasons, it will be found that improbable future [Page 5]fears and jealousies, and the advantage of their present Cōdition, have been the grounds of their Proposals; And on His Majesties part there will be clearly seen, a bovving and stretching to a Complyance with them, to the utmost that could stand with his Conscience, Safety, and Honour: To these Volumes of theirs, I refer the Reader, that seeing both sides, he may frame unto himselfe a ludgement where the fault lies, if their Addresses have bin fruitlesse.
To countenance the more their former Treaties, and the Conditions proposed in them, they further say, That in all their former Addresses the Commissioners of Scotland agreed vvith them, and joined vvith their Commissioners in attending the King.
In vvhich Affirmation they do not use that ingenuity & cleernesse which the House hath in former Parliaments used to do, in that vvhich they published unto the Kingdom; for although it be true, that the Commissioners of Scotland agreed to the sending of the Propositions unto the King at Newcastle, yet in their publique printed Declaration of their said consent, bearing date the 25. of Iune 1646. they declare their want of satisfaction in many particulars; in so much as they say, That some of the particulars are inconsistent with the word of God, and others wherein they remain unsatisfyed: yet notwithstanding so great was their desire to see an end of this bloody war, & the easing of those heavy pressures under which both the Kingdoms groaned, that upon those Considerations they consented to many materiall parts of those Propositions: & to make no let, but to give way to the sending of such other particulars, as they were still unsatisfied in the matter, for the Reasons formerly represented in their Papers unto the Houses. And this their Assent they declare to be with severall proviso's, as will appear by their said Answer; The last of which, is, that it is not their Iudgement that every particular of these Propositions is of so great importance to the Kingdomes, that Peace and War should depend thereupon.
Now let it be impartially judged, whether it be an ingenious manner of proceeding, to set dovvn a perfect consent, and to conceal the conditions, & proviso's, upon the which the Scots declare their consent, is grounded.
But that which is most rem [...]rkable concerning the Scots, is, that having thus artificially insinuated to the people their former concurrence with them, novv when they make their Declaration to the Kingdom, for the stating truly of the whole businesse, and the reason for having no more to do with the King, grounded upon the Kings last Answer concerning the foure Bils, they remember not in this their finall Declaration, the dissent of the Scots; nor their unansvverable Reasons for their said dissent; nor the Protestations of the said Cōmissioners delivered unto the King in the name of the Kingdom of Scotland, declaring their dissent to those Propositions; for the not yeilding whereunto, the King is not only by these Votes deposed in effect, and another government without Him set up by themselves, but His royall Person used with greater severity, and inhumanity, then [Page 6]theeves, and murderers are in the cōmon goals; for to them it is permitted to have the comfort of Phisitians for the body, and of Divines for their souls, whereas to the King there is no means left to aske them.
The reason why they conceal this dissent of the Scots, is, for that they would have the Kings refusall of the Bils, to be ascribed only to His wilfulnesse, and to his persisting in his wonted wayes [as they call it]; but would not have the people thinke that the King had many of his minde; whereas if the truth might appear, it would be found, that fevv besides that prevalent party in the lovver House, and Army, with the Sectaries depending on them, that hold not their Propositions most unreasonable, and their usage of the King most detestable.
Further, if the former assent, and concurrence of the Scots with them, be used as an argument for the countenancing, and better justifying of their former Treaties and Propositions; their present dissent, and their unanswerable reasons set dovvn in their Declaration against the foure Bils, against their denyall of the King a personall Treaty, and against His vvant of freedom, together with their solemn Protestation grounded upon them, in the name of the whole Kingdom, ought in reason at least to put a stand upon mens judgements untill all tales be told; and not be carried avvay by a Declaration of the single House of Commons, without the concurrence of the Peers; and not pass'd unanimously in that House, but by the power of a prevalent party.
For whosoever shall consider the former brotherhood, and strickt union betvvixt the Houses and the Scots; and hovv subservient they have been unto them, and their affairs; hovv they have tvvice entred this Kingdom, The first time by their invitement, The second time by their most earnest sollicitation and hire; and hovv the Scots chose rather the adherence to them, then unto their ovvn native King; hovv far they gratifyed them by delivery of Him into their hands; and hovv they were become brothers in Interests, in Armes, in Covenant; whosoever shall consider this strickt conjunction, cannot but thinke that the Scots have some great reason of Conscience, Interest, and Honour, for their present deserting of them in these their nevv demands, and rigorous way of proceeding with the King.
That nation hath seldom been charged with want of prudence or dexterity in their actions; and the Houses have found [as to them] great justnesse, & punctuality in their proceedings; by coming in according to agreement, and by going out according to promise; but now finding not only their Covenant and Agreements eluded, but the very grounds and true ends for which they say they entred into Covenant, and jointly tooke up Armes, viz. The reformation and conformity in Religion, the defence of the Kings person, honour, and just greatnesse, with the lawes, and libertis of the Kingdom &c. If they now finde that the wayes which the now prevalent party do pursue, are destructive to them all, & diametrically opposite to these settlements [Page 7]which they have alwayes declared to intend; as if instead of conformity in Religion, there shalbe brought in, and tolerated a multitude of Heresies & Sects; If instead of the Kings honour, safety, and greatnesse, they that have had more then a hundred Kings, shall see Monarchy intended to be levell'd, and the person of their native King, worse used then a theif, or murtherer in a Goale; If they shall see all law, liberty, and property of the Subject, endeavour'd to be settled under the arbitrary tyrannicall Power of a prevalent party, and an over-awing Army; If all these things be, who can wonder if the Scots have changed their way, and concurrence, when they finde all those Principles upon which they were engaged, to be totally changed.
It hath therefore been wisdom in this Declaration, to mention the Scots former concurrence, and to passe by their present dissent, the cause whereof they knew will not endure the searching.
They then say, the King never made any offer fit for them to accept: It seems the Scots are of another minde, who declare their judgements to be, that his offers from Carisbrooke-Castle might have given satisfaction. But since they vvill never remember any thing, but that which is for their advantage, it vvill be fit to put them in minde of some petty slight offers, that by the King have bin made unto them, leaving aside His generall Request unto them. That they vvould set dovvn together, all such means as vvould give them satisfaction, vvhereunto they should receive agratious and satisfactory ansvver, to all that they could justly or reasonably desire; but this being in Ian. 1642. time may have vvorne it out of memory: But they may remember His offers from Holdenby, from Hampton-Court, and from Carisbrooke-Castle; In them He offred the settling of Religion in the Presbyterian vvay (vvhich vvas that vvhich themselves had voted) for three years, & then to be fully settled as should be agreed by their own Assembly of Divines, only with the addition of tvventy to be nominated by Himselfe, to the end that before a full and finall settlement, all reasons migh be heard, yet no doubt might be raised of carrying any thing by plurality of Votes, since those nominated by themselves, were foure times the number.
He hath offred, to put the vvhole povver of the Kingdom both bysea and land into their hands, during the vvhol terme of His Reign.
And for the civill Government, He hath offred them, the nomination of all those Ministers by vvhom the Kingdom is to be governed.
He hath offred, a generall pardon, & an Act of oblivion; vvhich is an important point, if that be true vvhich Sir Edvv. Cooke, Iudge Ienkins, & all the books of Lavv do tell vs; or that the Army have not changed their mindes, vvho a fevv months since did declare, that no Indempnity could be safe vvithout the Royall assent, & that they vvould not be satisfied vvith any other.
He hath offred 400000. Pounds, to be pay'd in the space of one yeer and an halfe, for the payment of the arrears of the Army: But all these trifles are not [Page 8]vvorthy to be remembred, although their memory doth serve them better' vvhen they come to make up the Catalogue of these false and scandalous reproaches, vvherevvith they revile their King, the Lords anoynted.
But whereas they say, That the Kings offers are not sit for them to accept; in that certainly they declare the truth, if they make their own unlimited aimes, and ambitions, the measure of what is fit for them; for they will no wayes content themselves, with such a narrovv and limited Soveraignty as our former Kings have had, restrained in our lavves, in our liberties, & in our proprieties; but they pro arbitrio will levy what forces they please, without limitation of number, or distinction of persons, or quality; raise what moneys they please, for the support of this their military Dominion; and make what lavves they list, without any other assent but their ovvn; and remain everlastingly a representative of the people, whether they will or not; so that really making their aimes and intentions the measure of what is fit for them to accept, no offers or conditions can be fit for them, that shall not establish them in a more absolute povver & Dominion then ever any King of England had; or any King of Christendom hath; or the Grand Segnior himselfe doth practise:
They then say, They cannot see why it should be expected, that a nevv engagement could prevail on Him, or engage Him more, then the solemn Oath at his Coronation, with severall other vowes, protestations, & imprecations, so frequently broken by Him, during his whole Reign.
Let it be calmly considered of, whether this be a modest, and decent way of a House of Commons, thus upon generals to charge their King as a perjured man, whom they have ever professed they would make a glorious King; especially when their said charge is as false in the matter, as shamelesse in the manner; for they are not able to fix upon the King any one particular, wherein He hath broken his oath, or protestation, when the truth of the fact, and circumstances, shalbe truly set dovvn on the behalfe of the King, as well as their false relations of the said fact, with their inferences, straines, & malitious glosses thereupon, & doubtlesse if the King were not highly punctuall, & religious in the observance of the said Oath, He would not suffer those miseries & hazards which He doth, rather then infringe it.
But let the breaking of oaths, & protestations, be with equality looked upon; let the obligation of their naturall Allegeance, the oaths of Supremacy & Allegeance, without taking whereof they cannot be Members of their House; Let the solemn Protestation taken by them at the beginning of this Parliament, in which they did promise, vovv, and protest in the presence of God, with their life, povver, and estate, according to the duty of thir Allegeance, to maintain, and defend his Majesties Royall Person, Honour & Estate; vvhich hovv vvell it hath been performed, let their ovvn consciences tell them. Let their solemn League and Covenant taken vvith their hands lifted [Page 9]up to God, never to depart from that blessed union, & conjunction, as they shall ansvver it in the presence of God, the Searcher of all hearts, at the dreadfull day of judgement, hovv they have kept it let their brethren of Scotland tell them; & Mr Martin vvho stileth it, an Almanack of the last yeere, & out of date; & the Ansvverer of the Scots Declaration, that termeth it absurd, & hipocriticall; humane, & so alterable.
Let them remember all these, and their often repeated Protestations of making the King a glorious King, and consider their present usage of His Person, & their endeavours by this declaration, of rendring Him infamous to the vvorld, & to all posterity.
Let them likevvise consider that their present animosity against the King, is cheifly because they cannot make Him consent to be perjured. He hath svvorne to maintain the lavves; to protect His Subjects; to defend the Church; to maintain the Religion established by the lavves; to uphold the just rights inherent in the Crovvn, or legally thereunto annexed; and because He vvill not consent to be perjured in them all, (vvhich He must be, if He should consent to their demands) He must be declared unvvorthy to govern; & (as hath been said by some among them) not vvorthy to live; be close imprisoned, and debarred of all comforts of life. God in his due time vvilbe Iudge betvveen them & the King, and so vvilbe all sober & disinterested men.
They then say, That the King in his publick Speeches & Declarations, hath laid a fit foundation for all tiranny, by this most destructive maxime or principle, vvhich He saith He must avovv, That HE OVVETH AN ACCOVNT OF HIS ACTIONS TONONE BVT TO GOD ALONE; AND THAT THE HOVSES OF PARLIAMENT IOINT OR SEPARATE HAVE NO POVVER TO MAKE OR DECLARE ANY LAVV.
For the first part of this maxime, the King avovveth but that vvhich the lavv of God, and the lavv of England avovveth; and vvhat all the Monarchs & States of Christendom, that have Soveraign and Supream power vvill avovv; and vvould punish as high and capitall offenders, any that should avovv the contrary: As for the second clause, the King hath often declared, that He doth not pretend to the making of lavves singly of Himselfe, but by the advice and consent of the tvvo Houses; neither can the Houses joint or separate, nor He vvith the consent of either House alone, make a lavv, but there must be a concurrence of all three; The tvvo Houses first to consent and pray, & then the King maketh it a Lavv, by his declaring the Royall assent by Le Roy le veut. As for the declaring of the Lavv, that is the interpreting of the Lavv in dubijs & obscuris, vel si aliqua dictio duos contineat intellectus: if the vvords of the Lavv be doubtfull and obscure, or may bear tvvo senses; the Iudges in their Courts may interpret & declare the meaning of the lavv, & the same is done in Parliament upon Writs of Error; but that is in the high Court of Parliament [Page 10]before the King and the Lords, and not before the Commons, vvho are no Court: But this Declaration must not be understood of plain and cleer cases, nor to the overthrovving of the literall sense, nor of the equity of the Lavv; othervvise to declare, & to make a Lavv, vvere all one in effect.
But not to enter upon any moot Case, or contestation of a Lavv point, Let it be judged, vvhether upon this Maxime, it be a sober or dutifull expression, that the King hath laid a foundation for all tiranny; but especially vvhether from this charge any just or colourable ground may be laid, for the justifying of their Votes, or their present proceeding vvith the King.
They then speak of the Articles for the intended match vvith Spain, vvhich vvere treated of 25. yeeres since by King Iames; And likevvise of the Articles of the match with France, which certainly should be vvithout their cognizance, for the Houses of Parliament have declared often, that the making of peace & vvar, & the marriage of the Kings Children, belong vvholy to the King; And it is vvell knovvn that Queen Elizabeth imprisoned a Member of the House of commons, for presuming to speak in that House concerning Her marriage. And the Articles of the marriage vvith France, vvere likevvise agreed by King Iames, before His death; but howsoever, it is a great audacity in the House of Commons, singly, (after more then 20. yeers, & many intervenient Parliaments that would never presume to meddle with the Kings marriage, nor the treaty thereupon) novv to dravv arguments from thence, vvhereby to disaffect the people to the King; but that they vvill leave no corner unsvvept, nor action unstrained, vvhereby they may render the King lesse beloved.
And as for keeping a continued correspondency vvith Rome, or having an Agent of His there (as is alleaged in this Declaration); it is most false. The Queen perhaps may have had & maintained some person there, for such things as she held necessary for Her, in point of Her devotion; & it is vvell knovvn, that concerning the affairs of the Princes of Christendom, from no place so perfect knovvledge & intelligence could be got as from Rome; & Queen Elizabeth, and King Iames (that vvere vvise Princes, & no Papists) vvere of that minde, & vvere at no small charge to hold correspondency from time to time vvith very eminent persons of that Court, vvithout the leave of the House of Commons, being a body not vvell modell'd for secrecy, consisting of near five hundred persons; But the hatred to the Pope & Rome is such, that it vvas thought the very naming of them, vvould reflect vvith some hatred upon the King, vvhich vvas that vvhich vvas only aymed at.
Then they come to plant their main peece of battery, or indeed rather to vvorke in their Mine, vvhereby they vvould blovv up the honour of his Majesty, in order to the making of Him a glorious King; by calling to minde, & reviving the passages in the Parliament, the second [Page 11]year of His Reign, concerning the death of his Royall Father as they terme it; vvhereas in all their impeachment against the Duke of Buckingham, they did never so much as accuse him, or lay to his charge the death of King Iames; but only called that vvhich he had done, an audacious Action; & voted that he should be accused only of a misdemeanor of so high a nature, as might justly be called, & so vvas deemed by the said Commons to be, an Act of a transcendent presumption, & dangerous consequence; & for such, transmitted it to the Lords. But novv conceiving it would be much for their turne, to have it insinuated & let into the people, that amongst the Articles of their Declaration against the King, one vvas touching the death of his Father, for so they stile it, viz: The proceeding & passages of Parliament concerning the death of his Royall Father, the passages whereof shalbe truly related in the subsequent Narration.
King Iames fell sick in the spring 1625. and His sicknesse began vvith an ordinary tertian intermittant Ague, vvhich is not held mortall, especially in the Spring; but the King having a full body, & hard to be ruled, or governed by his Physitians in His sicknesse, His tertian turned into a continuall feaver, vvhereof He dyed,
In the time of His sicknesse, certain plaisters & posset-drinks vvere applyed & given to Him, such as are ordinarily used to be given by vvomen in the country; for that men seldom apply themselves to Physitians in ordinary Agues, but to such received and known medicins as are commonly used; & these vvere said to be given by the Duke of Buckinghams procurement, and prepared in his lodgings, vvithout the direction or knovvledge of the Physitians, untill after they had been administred unto the King: After almost tvvo years (there having been in the interim a Parliament, and nothing stirred in the businesse) the Duke of Buckingham having much distasted the Houses, and they being highly incensed against him, a ready ear vvas given to all complaints, that might afford any probability of questioning of him & his actions; And there vvere severall Articles by way of impeachment exhibited against him to the House of Peeres; and among them, one was touching the Dukes administring of drinks and plaisters, vvithout the consent or knowledge of the Physitians; & many Physitians & others were examined, & it was with great vehemency pressed, that there might have been an accusation of Treason drawn up against him thereupon.
But vvhen the said Article came to be voted in the House of Commons, & the case & evidence had been truly stated before them by Sir Dudley Diggs, vvho, vvith Master Wansford and others, had the managing of that Article of their charge, the House did hold it fit that he should not be Impeached of Treason (the evidence indeed not bearing it) but only of a transcendent presumption, as is truly set dovvn in their Declaration; but if there had been any the least ground, or evidence of any vvicked intention [Page 12]in the Duke to destroy the King, or any Symptoms that the Kings death, had been caused or hastened by those things that vvere given; or that the said drinks & plaisters had been of any noxious or hurtfull quality; it is vvell knovvn, that the detestation against the Duke at that time vvas such, that he vvould not have been forborn, if the evidence vvould have born an impeachment of Treason; & many pressed it far, alleaging that vvithout an accusation of Treason, they could neither remove the Duke from about the Kings Person, nor from sitting in the House of Peers, vvithout vvhich it vvas thought they vvould hardly preuail against the Duke; but the evidence falling short, it vvas carryed in the House for an impeachment only of Misdemeanor, & a transcendent Presumption, & not of Treason; And of these particulars some novv sitting among them, (if they had had so much ingenuity, or had not been restrained vvith fear) might have informed them; And they might have bin likewise pleased to remember, that it was proved before them, that the King was embovvel'd and embaumed publiquely & no Symptomes appeared, but that He dyed naturally of His Sickneesse.
And this their Declaration (although it be set out vvith some strains and aggravations) conteineth little more then is here declared; concluding in these vvords: That it is an offence and misdemeanor of so high a nature, as may be justly called, and is by the said Commons deemed to be, an Act of transcendent presumption & of dangerous consequence. So that by their ovvn charge nothing is laid dovvn against the Duke, but a misdemeanor and an adventurous Act, unto vvhich they confesse in this Declaration, that he put in his Ansvver the 8. of Iune; and the said Ansvver doth yet remain upon record in the Iournall book of the House of Peers: And certainly it had been much more fair and ingenious, to have likevvise set dovvn the Ansvver, & not to have published only the Accusation, and concealed from the vvorld the Dukes Ansvver, since they do acknovvledge that they knevv of the Ansvver; but it should seeme that made not for their purpose; If the Ansvver had been vveak and impertinent, doubtlesse they vvould not h [...]ve passed by that vvhich vvould have added strength to their ovvn suggestion; but finding the Ansvver such as formerly had discouraged them any further to stir in the businesse, they have judged it fitter to passe it by; for it must be known, that after the Parliamet which they speak of to be dissolved, & in vvhich this impeachment vvas exhibited against the Duke, there vvas (before the Duke vvas slain) another Parliament, in the vvhich the Duke sate in the House of Peers; but the House having seen the Dukes Ansvver, thought it not fit to revive their former accusation, but have let it lie asleep almost this 20. yeers, untill their malice, & desire to blast their King, hath avvakened it.
In all their Declaration there is not one vvord reflecting upon the King, but that He caused not (as they say) the Dukes presupposed [Page 13] misdemeanor (vvhich they, to make the story seem more odious, call the Kings death) to be legally prosecuted; in which many amongst them must needs conceal their knovvledge, that upon the breaking up of the Parliament, there was by the Kings then Atturney Generall, a Bill exhibited in the Star chamber (which is the supream Court vvhere all high crimes and misdemeanors are judged) & that at the instance of the said Duke, vvho said he vvould not have that cause which so highly concerned him, to lie buried, but that he would acquit himselfe of that foule Aspersion, though it should be with hazard of his life; But his imployments to the Isle of Re, & death follovving not long after, gave an end to any further prosecution.
So that having in their ovvn Declaration not charged any thing against the Duke of Buckingham, more then misdemeanor & high presumption; nor the least reflection upon the King, but only of not causing the said misdemeanor of the Duke to have been legally prosecuted, vvhich vvas hindred by the Dukes death, & the impediments formerly set dovvn; the sole end & scope of inserting this particular in their Declaration is evident to be, to make the King odious, as judging that nothing could more incense the vvorld against Him, or make his suffrings lesse commiserable, then to have it insinuated unto the people, that among many Articles against Him, one is concerning the death of his Father; vvhich hovv groundlesse soever, yet they think that it may in the interim amuse the people, and possesse them vvith prejudice against the King, & not make them have that sense and compassion of Him, & detestation of His vvicked usage, as othervvise they vvould have
And certainly amongst all those artifices vvhich have been used against Him, to alienate the hearts of His people from Him, & to render Him odious to the vvorld, this is one of the most false, malitious, and subtle; & vvhich can have no other drift, but by the detestablenesse of this aspersion, to allay the detestablenesse of their proceeding tovvards Him, which certainly no age can parallel of Subjects towards their King.
Touching the busines of Rochell, it is true that the King was preswaded to lend some of his Ships to the French King; He was nevvly marryed unto that Kings Sister, and entred into a nevv strict League and Allyance with that Crown, being then at difference with Spain; and certainly there might be many secret reasons of State, for the Kings obliging the French King at that time, which may be altogether unknown unto the Houses of Parliament, for that it was the doctrine of those times, that all things belonging to peace or war, or the marriage of his Children, did solely and singly belong unto the King; neither need He consult vvith His people therein, unlesse he craved their assistance in Parliament by way of Subsidy, or supply: and it is strange they should now interpose by way of charge, in a businesse passed more then 20. years since; but that they leave no corner unsought, from whence it may be conceived [Page 14]any thing may be raked to make the King odious, as the aime in this particular is to do in two kindes; first, by adding strength unto that false & wicked aspersion of the Kings unfitmnesse in the Protestan [...] Religion: secondly, by nourishing that distast which they have with great industry and artifice raised in those of the Reformed Religion in France, and other places against Him.
It is true that Counsell pleased not many; & the use that was made of those ships was distastfull; which the King, and the Duke of Buckingham (on whom the counsell of that action, & the blame was chiefly cast) to shevv that there was no intention by the loan of those ships, to lend a hand to the destruction of the Protestants; endeavoured to redeem that mishap, by actually entring into a war with the Crovvn of France, for which one of the chief reasons was (although there were likevvise other distasts) the wrong imploying of those Ships, (which the King had lent) contrary to the Kings intention, and the intimation of the French, how they intended to make use of the said Ships; and it is fit likevvise to be knovvn, that this businesse was first treated in King Iames his time.
And that it vvas contrary to the Kings intention, may appear by his subsequent actions: for He avovvedly sent a Fleet, & an Army to the Isle of Re, under the command of the Duke of Buckingham, and to be advised by Mr. de Soubize, hovv those forces might be best imployed for the releif of Rochell., & those of the Reformed Religion: And although the expedition to the Isle of Re proved not successefull; yet the intention, and not the successe, is to be looked upon; & the Duke of Buckingham pursued this intention of relevving Rochell, and the Protestants; & to that end a nevv Army, and a nevv Fleet was prepared, & he in person was gone to Portsmouth, ready to set faile for the said enterprise, when by the hands of Felton he was suddainly slain; & thereby those succours were retarded; whereby leasure was given to the French so to fortify and block up all the accesses to Rochell, that the relief thereof was rendred impossible; which yet notwithstanding was attempted by the Kings said Fleet, and Army, under the Conduct of the Earl of Lindsey, though without successe.
So that certainly no good argument can be dravvn from hence, either of the Kings disaffection to those of the Reformed Religion, or to have willingly intended their hurt; much lesse can there well be dravvn from hence any thing to justify them in their present proceedings against the King, which they themselves set down to be the scope & intent of this their Declaration.
Let it be judged of by any sober man, if it be not an audacious expression of Subjects tovvards their King, to say, vve can fully shevv hovv by Him Rochell vvas betrayed; besides that it is most false, for hovv could the King betray Rochell, which was not in His Povver? Or can it be beleived, that they that have forborn nothing that they could imagine might turne to [Page 15]His dishonour, would conceal any thing that might cast any Aspersion upon Him in this of Rochell?
As for that plot presupposed to be many years since designed, of bringing in an Army of German Horse, to have compelled the Subjects to have submitted to an arbitrary Government; they might have remembred, that thinking thereby to have raised a hatred against the King, they have published this Aspersion in severall of their Papers, and Declarations; & particularly upon the breach of the Treaty at Oxford May. 18. 1643. whereunto his Majesty made ansvver, as appears by His Declaration printed & published by their ovvn Order, in the second volume of their Orders and Ordinances, pag; 109. wherein He saith, That He esteemes His condition more miserable then any of his Subjects, vvhen He sees a fevv factions persons have obteined that povver, as to publish to all his people in the name of both Houses of Parliament, a charge, vvhich comming forth vvith a semblance of such Authority, may much vvork vvith them against Him; and yet do not (vvhich is certainly because they cannot) tell any one proof or particular, either vvhence, vvhither, or vvhen, or by vvhom, or by vvhose designe those horse should have been brought; they confesse it is many yeers since, & it seemes it is so many, that these particulars are vvorn out of the memory of man
Novv vvhat a strange Impudency & malice must it appear to all equall men, that being challenged, and provoked by the King, even vvith scorn & derision, to instance in any one of the above specified particulars if they could, they do novv again revive the same aspersions, vvithout giving satisfaction, by the producing any one proof, or giving instance in any one particular; especially vvhen it is vvell knovvn unto the vvorld, that such persons as they themselves had vvhispered to be the men that vvere imployed in the said design, have been highly imployed in their service, and nothing vvould have been kept from them, if any thing might have been found to the Kings prejudice; but it vvas thought fit by them, that this should be novv concealed, since it is apparent, that the chief end of this Declaration, is, to accumulate all things that they conceive may asperse the King, or make Him odious; for those men might have told them the mistery of that businesse; for that the Parliament having Declared a vvar for the recovery of the Palatinate, & given vvay for the raising of 10000. foot in England to serve Count Mansfeild in that imployment, it vvas in discourse hovv to furnish them likevvise with horse; vvhich vvas thought could no vvhere fittingly be done but in Germany; but the King of France denying passage to Count Mansfeild, all that businesse came to nothing.
Then they speak of the torturing of our bodyes by cruell whippings, cutting off eares, racks and pillories, &c. They might have added hanging, drawing, & quartering, and hanging in chaines; for all these have been done in the Kings Reign, but executed upon Traytors, theeves, seditious and impious [Page 16]libellers, by established Courts of Iustice, and according to the knovvn course of the lavves which were made by former Kings [his Predecessors] with the consent of Parliament; for they are not able to produce any one Lavv made in the Kings reign, tending to blood or cruelty: hovv many have been made for the ease & enlargement of the liberty of the people, they have often themselves confessed them to be more then by any his Predecessors: And shall the doing of lustice according to the Lavves, by his Iudges & Ministers of lustice, be charged upon Him as acts of cruelty? shall the burning of theeves in the hand, or rogues in the forehead or shoulder, or what Mr Gregory doth at Tiburn, in the due execution of legall sentences, be stiled cruelty? for such have been all these whippings, rackes, & pillories, which they speak of; And they are challenged to instance in one drop of blood dravvn by his Majesty, or any one Act of cruelty committed by Him in his whole reign, or by his Iudges or Ministers vvhom He hath not left to the Iustice of the lavv.
For it will not be denyed, that from the 3. of November 1640. untill the 12. of lan. 1641. when He was driven from London all His Iudges were wholy left unto them; many of them being impeached of Treason; and Iudge Berkley, whom they thought the most criminall, arraigned for Treason, who made a defence so honest, and so able, that they were forced to wave their legall Tryall of him, & to pick his purse by their arbitrary power. Was there ever so strained a malice, especially if they look how they themselves have proceeded not to speak of those multitudes that have been slain in the war, how many of the Kings honest loyall subjects have they murthered in cold blood, by no Law but their own arbitrary power? with how many new Treasons have they ensnared the subject, by the single authority of some hasty and angry Ordinances, notwithstanding that the Law telleth us, what shalbe Treason & nothing else, but by Act of Parliament? what cruelty hath been used in point of imprisonments, where many have dyed for want, or ill usage? & how many persons of quality, both Divines and others, have been by them sent a ship board, & kept under deck? & seeing a person of quality, & a Iudge of great years and reverence, out of heat & indignation, sent to Nevvgate, a prison for Rogues, Theeves, & Cutpurses? hovv many Gentlemen & Peers did they vote to death, & losse of their whole estates, & to be excepted from pardon & mercy, without summons, hearing, tryall, or conviction? hovv many Noblemen, Gentlemen, Iudges, & divers of great age, have they forced out of England to beg their bread in strange Countryes, not allowing them one penny out of great estates (which they have seized) to keep them from contemptible poverty, notwithstanding that the Lavv allovveth to the highest Traytors, a conveniency for food and raiment for themselves and family? And yet these men have had the [Page 17]face to fix upon their King these odious marks of cruelty, when they cannot deny, but in his reign there hath been lesse blood by attainder, and fevver confiscations, then in any such space of time since the Conquest.
As for the lording over mens soules. The Lawes for the government of the Church (not established by this King, but by his Father & Queen Eliz.) were put in execution with so much mildenesse & moderation, that they can scarcely instance in the punishment of any Separatist or Sectary, if his Recusancy (for the Lavv maketh them Recusants as well as Papists) hath not been accompanyed with some crime, or some scandalous or seditious preaching, or vvriting against the present government; vvhereas they may remember, & see in the nevv book of entries, 5. Paschae, 35. Eliza: fol. 252. that Penry for publishing tvvo scandalous books against the Church Government, vvas indicted, arraigned, attainted, & executed at Tyburn: And let their present lording over mens soules be considered; their sending so many learned and pious men a begging, by depriving them of their livings; imprisoning their persons; their lording over their consciences, by nevv, illegall, and trayterous Oaths; by forcing of the Covenant, to the ruine of many hundreds, who othervvise were vvithout exception, both Ministers and Lay-men; being conscientious men; men of parts, & great learning, as is set dovvn in the preceding vvords of the ansvver to the Scotch Declaration of the 4. of Ian. 16.48. But nothing can by them be done amisse: that Axiome of the Lavv, le Roy ne fait tort, is novv vvith the Crovvn and soveraignty, (vvhich they have usurped) applicable only to them. But all the Kings actions, though never so legall, just, and gratious, must by them have the appellations of tyranny, cruelty, and oppression.
They then say that they vvere vvorse then slaves, for they vvere prohibited by Proclamation to speake or hope for another Parliament. They should have done vvell to have specifyed the year and date of the said Proclamation, & to have set dovvn the very vvords contained therein; for it is so unlikely a thing, that the people should be forbidden by Proclamation to hope, that no rationall man can choose but suspect it to be that vvhich civility is loath to terme it, hovv foule soever their pen be against their King.
As for the searching of cabinets, closets, &c. It is set dovvn to be after the dissolution of the Parliament; so that that sin against the Holy Ghost, (never to be forgiven) of breaking the Priviledges of Parliament, is not charged, and any other sin vvill not be found; for it is lavvfull and usuall for the Iustice or Counsell of the King, to search the closets, or cabinets of such as they had good cause to suspect of practises, or correspondency, to the prejudice of the King or Kingdom; neither have the Kings or Queens letters or cabinets, nor the dispatches of Ambassadours, [Page 18]& forraign States, been free from their inquisition & search; nay some such searches have been made by them for Letters & Ievvels upon vvomen not of the meanest ranke, as is indecent to put them in minde of.
They then reckon up a long list of Monopolies, and Patents of Soap, Pinnes, Leather, Sugar, &c. Whether the said Patents vvere legall, or illegall, there can from thence no just fault be lay'd upon the King; He is in point of Lavv to be advised by His Atturney, and His learned Counsell; And there cannot in all the particulars specifyed, any one be instanced in, vvhich He did of Himselfe, vvithout the Certificate of the Referrees, of the legality of such Grants, vvherein never Prince vvas so punctuall as He hath been, & it is conceived that it may be vvith truth averred, that in his vvhole Reign He hath not passed by Patent any one Monopoly, vvithout reference, and certificate in vvriting, that it might be granted by Lavv.
But besides, upon complaint this Parliament, all greivances have been redressed; all doubtfull patents cancel'd; care had for the preventing of the like for the future; all referrees and patentees left to justice; & all punished, but such as the injustice of the House hath protected.
Then they come to that which they call the compendium of all oppression & slavery, viz: the Ship-money: When Princes are involved in great wants & necessityes, they are forced to those things which at other times they willingly forbear to presse; So it was here; The King by His Warres with Spain & France, was brought into great necessities; and consulting hovv He might by lavvfull wayes releive Himselfe, He vvas advised to this course of Ship-money by His Atturney Generall Noy, (as is said) who vvas by all men esteemed a great Lavvyer, and had been a great propugner of the Subjects liberty: The King herein asked the opinion of His Iudges, and learned Counsell; And both the Iudges (the major part of them) & His Counsell, did set it under their hands to be lavvfull; these are the Kings proper counsell vvith vvhom He is to consult in point of Lavv, & are svvorn to advise Him faithfully; But some, and particularly Master Iohn Hamden, not satisfyed vvith the extrajudiciall opinion of the Iudges, came to a legall tryall upon the Case in the Exchequer Chamber; & after a fair hearing, and learned arguments on both sides, Iudgement passed for the King. If the said Iudges & learned Counsell (vvho are svvorn to do equall justice betvvixt the King and the Subject, & to Counsell the King faithfully) have erred and done amisse in both, the greater hath been their fault and offence; But herein vvhere lyeth the Kings transgression? For did He not leave the Iudges, upon complaint of the Houses, to their Iustice? & were not the said Iudges many of them impeached of high Treason? & Iudge Berkley arraigned thereupon for high Treason? and made so learned and able a defence, that they vvere forced to vvithdravv any further prosecution of their [Page 19]impeachment against him. It seems they forget that vvhich they declared for Lavv at the beginning of this Parliament, (viz. that the King can do no vvrong, Le Roy ne fait tort) upon the very ground of this Case; And that the reason vvhy the Lavv supposed that the King could do no vvrong, vvas, for that the Iudges and Ministers that did the vvrong, vvere responsable for the vvrong doing; and the persons vvronged, vvere from them to be repaired in point of their dammages: But it seemeth they are of old Ployden's minde, that vvhen the businesse concerneth themselves, the Case is altered.
They then say, The King summoned this present Parliament, in hope to have Assistance against the Scots.
He had little reason to hope for any Assistance against the Scots, knovving as He did, vvho had called them in; and that from some Scots themselves from Nevvcastle, vvhilst He vvas at Yorke, He had gotten notice of the particulars, vvherevvith divers Lords of the English vvith the King being startled, they sent to the Scottish Lords at Nevvcastle, to have right done them upon a Secretary of theirs, vvho had said to some English Prisoners vvhom the Scots had taken at Nevvborn, That their coming in had not been, but by the invitation of the English; and had spoken a little too boldly of some truths that should have been concealed; and this divers yet at Westminster cannot but remember.
They then say, that it vvas impossible to quash those pernicious Counsels, vvithout questioning the Authours; vvhereupon the King shevved Himselfe so passionately affected to such malignant Counsellers and their Counsels, that He vvould sooner desert or force his Parliament, and Kingdom, then alter His courses, or deliver up His vvicked Counsellers to Lavv and Iustice.
Our passions (especially that of revenge and malice) do not only deprive us of our senses and reason, but often bereave us of shame and honesty: For besides that they knovv that the King hath more then thrice in his publique printed Anvvers declared, That He vvould except no man of vvhat quality or nearnesse soever unto Him, from any legall Tryall according to the Lavv; He did leave unto their Iustice the Arch-bishop of Canterbury, the Earl of Strafford, all the Iudges, and vvhomsoever they would accuse; insomuch that they examined and committed the Queens Confessor; and examined the Ladies of Her bed-chamber. And their Sergeant at Armes presumed so far, as to come into the Kings vvithdravving-roome next unto His bed-chamber, to cite and summon Persons of greatest quality and nearnesse unto Himselfe; insomuch that out of shame the King hath bin forced to vvithdravv Himselfe into his bed-chamber, notvvithstanding that the Lavv saith, that a Lord cannot in the Kings presence seize his Slave or Villain that hath run from him. And from the third of November 1640. untill the the 10. of Iauuary 1641. vvhen the King vvas driven out of London, there [Page 20]vvas no man, Counseller, Iudge, or Person of vvhat quality soever, exempt from their Iustice.
And to shevv hovv vvilling He vvas to satisfy them, that He vvould not interrupt or hinder the course of justice, He gave vvay to that vvhich some Princes vvould rather have adventured a War then have condescended unto; vvhich vvas His giving leave to His privy Counsell (that had bin svvorn to keep secret vvhatsoever passed in Counsell) to be examined upon Oath of vvhat had passed in His ovvn Presence and most secret cabinet Counsell, against one of their ovvn fellovvs in a capitall Cause; vvhich is likely hereafter to cause Him to be served vvith caution, vvhen men shall not knovv hovv soon they may be questioned for that vvhich they do advise, vvhich is in effect against themselves; for if one shall be accused of Treason, the rest likevvise may be questioned for Concealment.
They speak of some that fled fearing to be questioned: certainly they had great reason so to do, vvhen their proceeding vvas such, as not to be guilty but only to be accused, vvas certain ruine, or imprisonment for many years, divers having languished tvvo or three years in Prison; and the Archbishop of Canterbury vvas almost foure years in prison before he vvas put to death. And such as observed the proceedings vvith the Earl of Strafford, vvould not vvillingly (hovv innocent soever) fall into their hands, if it vvere to be avoyded; for they may remember hovv by the procurement of some amongst them, tumults, & multitudes surrounded the House of Peers, crying, Iustice, Iustice, and they vvould have the Traitors head.
They may remember their posting up of 59. Members of the House of Commons, that vvould not give their Votes to the Bill of Attainder of the Earl: If they have forgotten it, their ovvn Historiographer Mr. May, may put them in minde of it; They may likevvise remember that at the same time upon an empty Tun rolled from a Tavern door, a list of the Lords names vvhom they called Malignants, vvas read in the midst of that rabble in the Palace yard; And although the House of Peers often represented these violences to the House of Commons, they could never obtein their assistance to suppresse them, or to declare against them; And they may remember vvhether it vvas not said amongst them, that they should do ill to discountenance their freinds.
On the other side, let it be remembred hovv many Counsellers vvho had bin Actors in all the pretended Exorbitancies of the Star-chamber, Councel-table, & high Commission, being once become persons in vvhom they might confide, vvere left unquestioned; Let them remember that vvhen they expelled all such Monopolers as they judged affectionate to the King, vvhether they left not some others of their favourites sitting amongst them untill this day? But for that it vvould be too long to instance in many things of this kinde, as having imployed the most infamous Projectors and Catchpoles in their service: they shall only be put [Page 21]in minde of one particular of an eminent Member of their House, vvho vvould have presented a Petition against a great Counsellour, vvho vvas much favoured by Mr. Pym and others, vvho having gotten notice of the Contents thereof, vvould never permit it to be read in the House; but the said party having vvorn out three Copies in his pocket, engrossed it in parchment; but ever vvhen he stood up to speak, Mr. Pym or some other appointed to vvatch him, interrupted him vvith speaking to the Orders of the House (vvhich are alvvayes to have the precedency;) & this for many moneths together, insomuch as the said Petition could never be read.
As for the Kings deserting of His Parliament, it hath bin so often ansvvered, that it is a shame to repeat it; only this shall be added, that the King did not desert his Parliament, but vvas forced in great hast to fly for the safety of his Person, which would the next day have bin in great hazard of being feized. And although this present House of Commons be not charged with any such intention (such resolutions passing few hands, and that there are very fevv left there novv that were trusted with that secret) yet it hath bin confessed, and is under the hand of a person that hath bin very active in their service, and who should have bin a principall Actor in it.
Then follovveth that thread-bare businesse of bringing up of the Northern Army, so often objected, and so often scorn'd by those that knevv the mistery of it; which if the King had endeavour'd to have won to His service, and full adherence, He had done like a wise and prudent Prince; neither had there bin any cause for the concealing, or not avovving of any such endeavour, if it had bin so; For it is well knovvn by whom that Army was endeavour'd to be seduced from the Kings service, & from the Earl of Strafford who was their Generall; nor was the Earl ignorant thereof, neither would he have failed in his proofs, having it in his thoughts speedily to have impeached severall persons of high Treason, for tampering with the said Army; as is well knovvn not to a few sitting still amongst them at Westminster; but they by their diligence got it by the hand, by impeaching him a day or tvvo before his impeachment against them was ready, which cost him his life.
Besides, they know the Person that started this hare amongst them hath often cleared the King, that it was impossible that the King should know of the Proposition of the bringing up the Army, which was his own motion, and was by some rejected as a thing too high, and not liked by others, for that he would have the cheif command of the Action, which would not be condescended unto; whereupon out of discontent, he went immediately and made his discovery to the lower House, without ever seeing the King. But thee had bin some speech before of a petition to be procured from the Army (which petition was published) and what knowledge the King might have of the preferring of such a petition, is not known to the writer of this [Page 22]Ansvver: But the party that first gave the Houses notice of this businesse hath often svvorn, that all he said concerning the King in this businesse, was in relation to the said petition; but that the King could never have nor had notice of the proposition of bringing up the Northern Army; for that being his ovvn motion, he presently (seeing it disapproved, especially his having the cheif Command and Conduct of the Action) revealed it, before the King could possibly have knowledge of it, which party is yet living, and certainly will avovv as much.
But presupposing the King should have gotten knovvledge of the motion (which doth in nothing appear,) the King seeing the great tumults, & the great hazard that His own Person was in, as vvell as the freedom of Parliament; might He not have reason by His ovvn Army, raised by Himselfe, and payed by His own moneys, (as it had bin for many moneths) endeavoured to have secured His own safety, and the freedom of Parliament, without committing any such crime, as meriteth to be deposed, or used as novv He is?
Let it be compared with that which the novv prevalent Party in the Houses have done, who seting themselves like to be over-awed by the Presbyterian Party, and finding no other means not to be overborne, thought it fit to have recourse unto the present Army of Independents: And although the then House of Commons had voted a petition of the said Army to be burnt, and such to be Enemies of the State, as should adhere thereunto; yet the Army was dravvn up towards London, and the House forced to sequester eleven of their most eminent Members; And when the Citty or Apprentices had restored the said eleven Members, (as they had in former times done the five Members) the Speaker, and all such as had deserted the Parliament, and had fled to the Army, were by force again reestablished; and the new Speaker Mr. Pelham was unchaired, and all that party were driven avvay, some forced to fly, others were impeached; and the now prevalent party possess [...]d themselves again of the Houses, and the power they novv have of deposing the King, and keeping of Him Prisoner. There is a great difference betwixt what they have really done by this Army, for the turning upside dovvn the Parliament; and what vvas ever spoken of, of the Northern Army. But Successe and Povver will make the same things (though acted) commendable in those that prevail, vvhich they vvill have capitall in those vvho never passed further then discourse.
They then begin to speak of the tyranny towards Scotland & Ireland &c. For that of Scotland (which is formerly answered) I shall only adde the full satisfaction which the Kingdom of Scotland received by their own acknowledgement, expressed by a petition made since the Kings last coming from Scotland, in these words: That vvhereas the Kings most sacred Majesty's Royall zeale, and constant resolution of maintaining the true Religion, and preserving the Lawes & liberties of these His Kingdoms is so undoubted, that to call it in question [Page 23]&c. could not be construed in any, but an unchristian distrustfulnesse, & in us his Majesties Subjects of this His ancient and native Kingdom the height of disloyalty and ingratitude, if we should harbour any scruple or thought to the contrary, having so many reall and recent evidences of his Majesties Royall goodnesse, Iustice, and wisedome, in settling and establishing the true Religion, and the Lavves and Liberties of this His Kingdome, to the full satisfaction of all his good Subjects: And neverthelesse perceiving by his Majesties Declarations & other printed papers, that foule and malicious aspersions are cast upon his Majesty, tending to brand his sacred person, and to deprave his Royall Government &c we conceive ourselves bound in duty to Almighty God (by whose great name we have svvorn to defend and maintain the person, greatnesse, and authority of our dread Soveraign Gods Vicegerent, to the utmost, vvith our means and lives, in every cause which may concern his honour; as may appear by that which by the warrant of the Act of the generall Assembly, vve have all svvorn and signed) & to our King, and Country and to that vve ovv to our honour and reputation, to represent to your Lordships the desires vve have to expresse, and make knovvn to his Majesty & to all the vvorld, that vve are fully satisfyed, and persvvaded of his Majesties Royall zeal and resolution; and that malice & detraction cannot prevail to make the least impression in our loyall hearts, of jealousie, or distrust; And therefore vve have taken the boldnesse humbly to petition your Lordships, That as his Majesty hath gratiously condescended (in his letter to your Lordships printed by your vvarrant) for satisfaction of his good Subjects, to expresse his Royall goodnesse & desire, that all grounds of jealousy may be kept and removed out of the hearts of his good Subjects of this Kingdom; So it may please your Lordships to thinke upon some course, that his Majesty reciprocally may be cleered, and assured of our constant affection &c: & that vve are not so unthankefull to God, or to his Vice-gerent, nor so little tender of our ovvn honour and credit, as to forget so soone that duty, incumbent to us by so many obligations, & so often promised by us in our foresaid solemn Oaths, vvhich are published to the veiw of the whole world, &c.
As for the Rebellion in Ireland they make use of this to the same end, as they do of all things else in their Declaration. That knowing that horrid rebellion to be so detestable to all men, (as it justly deserveth) they vvould fain dravv part of the hatred of it upon the King, although it be with never so improbable or false pretext; And they thinke in the mean time that it will serve the present turne, of making the King odious, untill He may have means to cleer it by His ansvver, (which they never intend to afford Him, untill they have established their tyranny:) & then they vvill not care to be fought against vvith papers. But their Declaration in this point of Ireland [besides that the points conteined in it have been so often ansvvered in print] doth so confound all times, all actions, either in the War, or vvhilest there vvas a Cessation; and all the circumstances and reasons, vvhich may justify such actions at one time, as might be blameable at another: that the ansvver must be applyed to the generall Scope of the Declaration, vvhich is, to insinuate unto the vvorld, that the King did abet [Page 24]and favour the Rebellion; vvhich not only the Kings many Declarations, but his reall and effectuall actions do evince of falsehood, and detestable malice; For He did vvholy put the Irish businesse, and the prosecution of the businesse, into the hands & management of the tvvo Houses; and consented to an Act of Parliament, giving them povver to raise men & money, and all other necessary provision for that War, notvvithstanding that they had subtilly inserted into the preamble of the said Act, a Clause debarring Him and His successors from the povver of levying men by vvay of presse, without consent of Parliament; although it had been alvvayes used by His Predecessors. But such was their art by the inserting of the said Clause, that they vvould either gain the disclaiming of that povver to presse men, or else vvould render the King odious, by publishing his refusall to do that, vvhich by the Houses vvas thought necessary for the suppressing of that horrid Rebellion: This artifice hath been since used by clogging mosts Bils (vvhich vvould be plausible to the people) vvith some clause or parenthesis of great prejudice unto the King, vvhich He hath been often forced to passe by, to avoid the distast vvhich the denying of those plausible Bils vvould have brought upon Him; & so He did in this.
Besides this His concurrence in all that vvas desired of Him; being at Yorke, & having some beginning of povver, he offred to have passed in person into Ireland, for the subduing of those Rebels; & to let the vvorld see, that He desired rather to imploy those forces against the Rebels in Ireland, then by them to raise the least j [...]alousie of raising a War in England; But this His Majestyes offer vvas by the Houses rejected; and the King did then see that the forces and the moneys that vvere levyed by his Consent, and Commission, vvere in part imployed against Himselfe, to strengthen and pay the forces that vvere designed to march against Him; vvhereby the War of Ireland, (vvhich had been most prosperous under the vvise & faithfull Conduct of the Marq. of Ormond, for vvhich the Houses sent him publick thankes, & a Present) began to be very dubious by their neglect, & their applying of the moneys & forces pretended for Ireland, against the King; & so by degrees the English Armies in Ireland, were reduced to those great streights for vvant of pay & provision, by the ill Conduct of the Houses; that after many sollicitations both to the King & Parliament, by vvhich little or no releif vvas obtained; there vvas a necessity of coming to a cessation of Armes for one year; vvhich vvas done by the advise of the Counsell of Ireland; & at the earnest Petition of the Lords, & of the cheif Officers of the Army, (of vvhom the Lord Inchequin vvas one) as appears by their ovvn book of Exact Collect. page 344. To. 2. vvhere likevvise the necessity of the said cessation is at large set dovvn: And the King seeing Himselfe much overpovver'd, & like to be overborne by the Rebels in England, vvas inforced [Page 25]to make use of the forces offred Him from Ireland, vvho vvere there ready to starve; which certainly vvould have been a great imprudence in Him not to have done; and is as great an impudence in them to charge this as a fault or crime upon the King, to assist Himselfe of His ovvn Subjects for His defence: when they (at so great an expence to the Kingdom) have hired in a forraign Nation (the Scots) to subdue Him.
Next they alleage concerning the Proclamations, That though they declared that the Rebels in Ireland stiled themselves, the King & Queens Army, yet they could not obtain a Proclamation against them in divers moneths; and then also but 40 Copies might be printed &c. The first perfect advertisement of the Rebellion of Ireland, came to his Majesty & Counsell in England from the Lords Iustices (Sir William Parsons, and Sir Iohn Burlace) and Counsell of Ireland; wherevvith they sent the draught of such a Proclamation as they conceived best for the suppressing thereof; and because those Rebels did pretend that vvhat they had done vvas for the service of the King, and not vvithout some authority from Him; it vvas by the said Lords Iustices Letters desired, that 20. Copies of those Proclamations might be sent over, signed by the Kings ovvn hand, (whereas the usuall course vvas to send over only one so signed) that (besides those vvhich they vvere there to print, and publish after the usuall manner) they might send some of the Originals so signed, to some of the cheif of the Rebels, to manifest the falshood of the said traiterous pretence.
And though Proclamations vvhich the King signes either for England or Ireland never use to be printed, yet it vvas novv for better expedition held fit by his Majesty, & the Lords of his Counsell, (whereof divers of those novv sitting in the House of Peers at Westminster were then present) that those 20. Proclamations his Majesty vvas to signe, should be printed; and the Secretary being directed to cause it to be forthvvith dispatched, did accordingly presently send a vvarrant to the Kings Printer, to print about 40. Copies, & to send them to him for his Majesties service; and to deliver out none to any other, for that those vvere to be Originals for the Kings signature only, and to be by them reprinted in Ireland, according to the usuall course. And to have any Copies of them dispersed in England, before they vvere proclaimed in Ireland, (vvhere they vvere principally of use) as it vvas never practised, so it vvas conceived it might have bin of some prejudice; for that the said Irish Rebels (vvho had forged the former false pretence) might (if they had gotten any Copy thereof before they had bin proclaimed in Ireland) have divulged some other traiterous fiction, to have rendred the Proclamation of lesse credit vvith their party; and so have frustrated the good vvhich His Majesty and His Councell of both Kingdoms did hope that Proclamation vvould have effected. And vvhereas it is alleaged as a fault, that there vvere but 40. of those Proclamations sent into Ireland; it is vvell knovvn to the Lords of the Counsell [Page 26]novv sitting at Westminster, that it vvas tvvice as many as vvas desired.
And vvhereas they say, that the Irish Rebels called themselves the King and Queens Army; It is the constant practice of all Rebels at the beginning, to countenance their Rebellion vvith the pretence of the Kings service; and that they take Armes against the oppressions of evill Counsellours, and Ministers that seduce the King: The like was done by themselves at the beginning; vvho only pretended to remove Malignants and evill Counsellours, and to bring Delinquents to punishment; And then their vvar vvas in the name of King and Parliament, as some of their ovvn have not of late forbore to put them in minde. But novv it is to remove the King from the government, and to settle another of their ovvn making, vvithout the King or against Him.
For the disbanding of the Irish Army, although the King had great reason to demur upon it; yet such was His desire to gratify them, that He condescended unto it; and themselves consented that they should take any forreign imployment whatsoever; but afterward would not give way to the transporting of them; and by that means much strength vvas added to the Irish Rebellion; all which they themselves cannot deny. And upon such malicious false inferences as these, depend all or most of their instanced Accusations in this their Declaration.
They say, the King refused to give Commissions (though often asked by the Houses) to the Lord Brooke, and the Lord Wharton. The King knevv vvell how little reason He had to trust either of them. The Lord Brooke vvas often so indiscreet, as to professe openly and often, that he vvas vvholy Antimonarchicall, and once in the hearing of seaven or eight,) for vvhich he vvas reproved by some of his discreeter freinds yet sitting amongst them) and it may be easily reduced to their memories; besides his other faults, vvhich shall not be remembred, because he hath given an account of them. For the Lord Wharton, the King vvas not then ignorant of his seditious and mutinous vvayes against Him, after so many Obligations of the Kings put upon him and his freinds, vvhich he hath ill repaid by his actions; and hath since had a more profitable and gainfull Trade at Westminster, then he could have had in any martiall imployment, to vvhich it should seem his naturall disposition doth not much incline him.
They then say, that they need not tell the vvorld hovv the Scots entred this Kingdom vvith a povverfull Army. It vvere indeed much to their honour and loyalty to have it concealed; for it vvas by their invitations and negotiations; and upon so hard terms and conditions, that the Ansvver to the Scottish Declaration set out the 4. of Ian. 1647. saith, that their Commissioners vvould by no means have brought them, but that they could get no better.
They then speak of the Lord Digby's attempting the Country vvith unusuall Arguments of armed Troops: It vvas conceived that they had long since bin ashamed of that ridiculous tale of the Lord Digby's raising War against the [Page 27]King (for so their impeachment runneth) vvith a Coach and six Horses. Next they say, he advised the King to retire Himselfe to some safe place. If he had done so, it had been good and honest Counsell; but it was not any advice to the King, but his opinion only vvritten in a private letter to his brother Sir Levvis Dives, vvhat he judged safest for the King, being forced to fly out of London for fear of Mr. Skippon's great march, vvhich vvas to be the next day to convoy the accused Members to Westminster.
Novv follovves the Negotiations vvith Denmarke; and the story of a Servant of the Lord Digby's hiring of a Skipper to be pilot to a fleet preparing in Denmarke; vvhich fleet proved to be the Covv-fleet that useth to bring cattell out of those parts into Holland; And for the Lord Digby's man, as he never had any name, so the truth is that he had no man with him at that time, going out of England only with a Dutch Gentleman in his company; neither is there one word of truth in the whole story. And for the Kings solliciting for Ammunition & Succours from his Vncle of Denmarke, it were to have bin wished that His sollicitations had bin as successefull as they are justifiable.
And touching the letter said to be written unto the King of Denmarke; it is very likely indeed, that the King would have invented such a scandall to His own shame, and the reproach of His Mother, if He had not had some grounds for it; And yet it is true that they may say in the name of the House, that it never entred into their thoughts; Businesses of that nature are secretly laid, and carryed on by a few: but there are some at Westminster that know what passed in that businesse, and by whose loyalty the motion of it was quashed in the bud: And vvhen His Majesty may be heard, or His Accusations may be admitted of, He vvill be easily drawn to give them and the vvorld satisfaction in this point; it vvere to be vvished that they vvould give as good satisfaction for their malice in inserting this particular in their Declaration, in so unmanerly and undecent terms tovvards their King, stiling it a false and scandalous charge, and such an Act as they beleive vvas never a more unvvorthy one done by any Prince, to the shame of His ovvn Mother.
They then adde another breach of Trust, That the King had sent avvay vvith the Queen the ancient Ievvels of the Crovvn. Our Saviour saith, may I not dispose of my ovvn as I please? The jevvels vvere His ovvn, bought with His ovvn money, or vvith the moneys of His Ancestors, and not with the moneys of th [...] Crovvn; neither do they produce any entaile of them upon the Crovvn; And certainly in the present condition whereunto they had reduced Him. He could never have juster cause to sell or pavvn them, then that which they themselves set dovvn, for Armes and Ammunition for His ovvn defence and preservation.
The King, they say, once sent a specious Message of renevving a Treaty, but His messenger vvas instructed to manage a bloody massacre in London, vvhich vvas designed by vertue of a Commission of the Kings since published.
Hereof they give us no more proof but that they say it; & for the bloody [Page 28]massacre intended, it is a most false and malicious slander; there being no other design but to protect His ovvn loyall Subjects in London; and to reduce His Rebels; vvhich certainly vvas more justifiable for Him to do, either as their King, or as an Enemy in open War, then their barbarous murthering of Tomkins, and the rest, only for endeavouring of their duties.
And for the Commission they speak of, it vvas such a one as not only in time of War He might thinke fit to do, but might legally have done it in time of Peace.
Touching the Kings march to Brainford, the Reasons thereof have bin often declared in print, to the satisfaction of all indifferent Readers.
But those barbarous cruelties they speak of to be committed by the King, are most false; for there vvas not one man slain but in the heat of War; and the King gave to all His Prisoners their lives and liberties, only upon engagement not to take Armes against Him for the future; vvhich engagement they traiterously and falsly broke, being thereof absolved by some of their vvicked Ministers, as some of the said Prisoners (being aftervvard taken again) confessed.
The reason vvhy the King changed His minde from staying at Windsor, and advanced to Brainford, vvas, for that vvhilst their Commissioners vvere sent to Him to Colebrooke, that very night information vvas brought, that they vvere advanced vvith their Army and Ordinance tovvards Him, and they take it very ill that He would not stay at Windsor till they came to take Him.
For the denying to receive their Petitions, they give no instance of it in any; neither vvill it be pro [...]ved I belive, that ever it vvas done; unlesse the Petition vvere to be delivered vvith an Army at the heels of it; or by such a Person as the King by name had declared Traitor, and excepted from Pardon.
They then begin to speak of the Queen, upon vvhom (if they could) they vvould vvillingly cast some Aspersion, as vvell as upon the King; But because there are many particulars scatteredly set dovvn in this Declaration concerning Her Majesty, they shall in this Ansvver be set dovvn here together, that the clearer Iudgement may be made of them.
They say first, That by this time the Queens pious Designe to advance Popery was ready for the birth. That Designe was most industriously examined by them, and they had before them in the House of Commons Sir Kenelme Digby, Mr. Montague, and divers others; and upon the narrowest sifting of that Businesse, they thought it then fit to proceed no further in it; But now they make use of it to cast Aspersions upon the King and Queen, vvhen they could finde no cause to punish the cheif Actors in the said Businesse.
Secondly, they say, That there vvas a great Designe amongst the Papists for a generall massacre in Ireland and England, and that a great Royall Person had a hand in it.
It is to be vvondered at, that they should on a suddain become so modest, as not in plain vvords to name the Queen, vvhom they had formerly impeached by name (vvith all Her titles) of high Treason, and sought Her life; And novv they vvould slily insinuate into the people, that she had a hand in so execrable a Designe, as to massacre all the Protestants of tvvo Kingdoms, And that upon information given unto the late Lord of Canterbury, vvithout telling by vvhom the said information was given, or vvhen; neither set they dovvn by whom the said massacre should have bin acted, or by vvhat plot; It is to be thought that it should have bin performed by the same hands that so many of the Peers, and of the House of Commons should have bin slain, had it not bin prevented by the Tailors discovery in Moorefeilds.
Thirdly, they say, That the King confesseth He had sent the Queen to Holland. It seemeth that she was an obedient Wife, and He a carefull Husband of Her, when He savv that most barbarous and inhumane usage of Her, that Her very Bed-chamber could not be priviledged, but her Nurse, and her Confessor must be examined against Her.
They adde, That with the Queen He sent the Iewels of the Crown. In whose hands could He better trust His ovvn goods, which He savv likely to be taken from Him, as his Houses, Furniture, and vvhole Revenue, and that of the Queen and Prince had bin by them? Neither could He expect that His Ievvels should have bin safer then His liveries for His Guards have bin of late. And certainly His Ievvels vvere better disposed of, if they vvere pavvned for Povvder and Ammunition, then His Guard's Coats that are ordered to be sold outright for fire and candles for the Souldiers at Whitehall.
Then they say, the Queen many moneths before Her voyage to Holland, was going beyond the Seas, had not their Motion to the King stayed Her. It seemeth then that the King was vvilling to gratify them, although it were vvith the crossing of the Queen's desires; and that the King's sending of Her afterward into Holland, vvas not untill she could not remain any longer amongst them with Safety or Honour; For they themselves do beleive that the King could have bin very well pleased to have enjoyed Her Company.
These are the particulars that they set down concerning the Queen, in which there is little remarkable but their detestable malice; for vvere it to be expected that the Queen bred up a Roman Catholick, and by Capitulations and the Kings Oath, to enjoy the use of Her Religion in such sort as was agreed, should not look to enjoy it? Especially Her carriage ever since Her coming into England having bin vvith that Prudence and Moderation, that the great Officers of Her Court, and most of the Ladies of Her Bedchamber, have bin Protestants, enjoying daily the use of their Religion in Her Court, without being pressed by Her to the least [Page 30]Act, in waiting upon Her or othervvise, that might offend or strain their Consciences. But that a Princesse of so high Extraction as the blood of France, and a Daughter of the great Henry the fourth, and their Kings Wife, that never had done any person vvrong, but obliged all whensoever it was in Her vvay, should finde such usage from Subjects; as to have all malitious false Libels countenanced against Her; to be questioned for Her life, only for the assisting of Her Husband; to be forced to fly the Kingdom; to have all Her Revenue taken from Her; and novv as though she had intended a generall massacre, to be rendred odious by this malitious Libell, authorised by the name of the House of Commons, it cannot but be held a most inhumane and barbarous proceeding, as indeed it is by all the World but themselves.
Touching the Letters written to the Pope; King Iames sent His Sonne (then Prince) into Spain, being about 20. years of age; and instructed Him, and the Duke of Buckingham that vvaited upon Him, in all things touching the Negotiation of the Prince's marriage, vvhich vvas then in Treaty for a Daughter of Spain. And of all that passed, the Prince gave the King His Father almost daily advertisement by expresses; and He receaved from Him likevvise directions upon all emergent occasions; neither sent He any Letter to the Pope, vvithout His Fathers privity and allovvance. King Iames likevise Himselfe at the same time did write Letters to the Pope, which He publiquely avovved, saying, The Pope vvas a Temporall Prince, and He vvould vvrite unto Him upon any occasion in secular Affairs, as freely as He did to the great Magor, or to the great Turke; vvhen He vvrote against him in point of controversies in Religion, He vvould then (He said) give him those Appellations that the Cause required; but in His letters missive, He vvould give Him those Respects and Civilities that b [...]fitted one temporall Prince tovvards another. And certainly King Iames vvas no Papist, although He vvere no freind to Sectaries and Separatists; but had vvritten more in the defence of the Reformed Religion, and to the displeasing of the Pope, then all the Princes of Christendom had done since the Reformation; and vvhen He dyed, scarcely left a vviser man behinde Him. But they are brought to great streights, vvhen they are driven to rake in the Fathers grave (dead 25, years past) to finde matter for their malice against the Sonne.
For the Letters spoken of to be vvritten to the Pope, on the behalfe of the Duke of Lorraign, I must confesse I want Information in the point of the fact; But if it were so, He could not have written for a Prince that was nearer allyed to Him. And vvhereas it is said, that in requitall an Army to invade England must be raised by Him; It is a very unlikely Story, that the Duke of Lorraign should be in condition to raise an Army to invade England; But if He could afford His Kinsman Auxiliaries, or any other supplyes, He should be much to blame if He did it not.
For the Kings offer to the Scots of the plunder of London, if they would advance; or [Page 31]of 300000. pounds, and foure Northern Counties only to stand neuters: Besides the ridiculousnesse to conceive any such offers could be made, they do not so much as offer at any kinde of proof but follovv their rule held throughout in all this their Declaration; audacter accusare, aliquid haeret; accuse boldly, somwhat will stick They have all the Kings Letters and Cabinets; and it is not likely that any so great transaction could only have been verball: But if the King should have made this impossible offer, or any other, should He not have done like a prudent and good Prince, to have called His ovvn Subjects from the adherence to His Rebels, to their ovvn Loyalty and Duties, though it should have bin by out-bidding of them?
After the Kings returne from Scotland, the great quantity of fire-vvorkes found in Papists Houses: No naming vvhere, nor vvhen, nor by vvhom the Papists shoul dhave subdued the Kingdom, only vvith granadoes and fire-vvorkes vvithout any foot or horse, but those that about that time they had discovered to be kept under ground; O how contemptible is it for a House of Commons to abuse the Kingdom with such squibs!
Then they say, Morters vvith great peeces of Battery vvere mounted against the Citty; and such Officers placed in the Tovver, as vvere not only suspected by them, but by the vvhole Citty, vvho durst not abide in their houses, as by their severall Petitions is manifest.
They do not say that one gun was ever shot, and they know that no one man did for fear forsake his house: nor any one Act of Injury or Hostility committed towards them. As for the Leiutenant of the Tower, they would confide in none but such as a few factious men of the House (who had conspired with a great party in the Citty) did appoint; The King to give them satisfaction removed Sir Tho. Lunsford; then put in a Gentleman of remarkable honesty and worth, and of great fortune (Sir Iohn Byron) against whom no exception could be taken, but that he was not of their party; against him (when no other pretence could be found) they alleaged, that if a person were not put into the Tower, in whom the Merchants might confide, there would be no more money brought into the Mint: And although a hund [...]ed thousand pounds Caution were offred on the behalfe of Sir Iohn Byron, yet nothing would satisfy, unlesse the Tower were put into such hands as they pleased to nominate, and it was publiquely avowed that if it were not speedily done, they would seize it by force; and to that purpose they caused multitudes every day to come to the House whilst that businesse was in agitation.
And as for the Petitions, they know that they were all of their own making; & whosoever petitioned without their Order, or not sutable to their sense, were severely punished; as in the Petition of Kent, & many others, only such as they had ordered to be delivered to the Houses; & when they had no reason to uphold their demands, they then made use of tumults, & seditious and threatning Petitions instead of other Arguments; these they [Page 32]ever countenanc'd and supported; as they did in this case of the Tower, when they caused Petitions to be delivered, desiring to know the names of the malignant Lords that obstructed the businesses of the Kingdom, and refused to assent to the Votes of the Commons, and they would right themselves by the remedy next at hand (by which they meant their swords and clubs in their hands) and thereby forced the Votes of the Lords, as it is pretended vvas done by the Apprentices at Pelham's Parliament; Insomuch that that vvhich had bin voted by 42. Lords, for the not removing of Sir Iohn Byron from his Leiutenancy of the Tower, vvas novv carryed by 16. or 17. votes only; (contrary to the orders of the House, that such things as upon the Question had been once settled, might not again that Session be put to the Question) And by the threats of their Petitions; the noise and tumults at the doores by the multitudes; the intimation of danger from the House of Commons, and from the enraged People, which they feared vvould not be in their povver to prevent; and by the Lords of the party, vvho most boldly (contrary to the essentiall freedom of Parliament, relying upon their freinds at the door) voted all such as should continue to dissent from the House of Commons, to be Enemies of the State; whereupon most of the Bishops and Lords (fearing to be reformed by the remedies next at hand) held it vvisdom to vvithdravv themselves; only 14. of above 40. (that had formerly voted the contrary) vvithdrevv themselves; and so the Lords of the Party over-ruled it; And this narration vvill appear to be true by the booke of the House of Peers, if they have not since thought fit to expunge it. So that it is thought very strange, that the vvisdom of the House of Commons (by calling to minde the use that they have made of Petitions) should give cause to have the memory of such shamefull proceedings to be revived.
They then say that from this time the tracke of open force began to appear. They first instance the Kings charging some of both Houses of Treason; the Kings desiring to have some tryed by due course of Iustice (never before denyed to any King, and in their ovvn remembrance practised, and by the House of Peers allovved) must novv bee accounted a Crime, and an Act of open force in the King; but forget hovv many of their Members the Army hath impeached, and forced to fly.
They then speak of the bloody Tragedy intended by the King's coming to the House of Commons, if the affections of the Citty had not prevented it. If there had bin any bloody Tragedy intended by the Kings coming to the House, it vvould have bin the same day put in execution, before the Citty could have prevented it. But they may remember if they please, the Testimony of Capt. Ashley, taken before a Committee of both Houses at Grocers-Hall, if it be not suppressed; vvherein he declared, That the King at the upper end of Westminster-Hall, before He vvent up the staires to the House of Commons, charged all those that accompanyed Him (except some few ordinary Servants) not so much as [Page 33]to come to the staires, nor to offer violence or injury to any Person upon pain of their lives. Further, the King in that point did let Himselfe dovvn so lovv to give them satisfaction, as vvas never done by any King tovvards His Subjects; but nothing but the dis-throning of Himselfe, and leaving the Soveraignty, is fit for them to accept.
They say, that the King entred a Protestation into the Counsell booke, that His calling of them a Parliament, did not make them so: And therein He said very true, that His calling of them a Parliament doth not make them a Parliament, (that can be only done by His Writ) no more then His calling them no Parliament, doth make them to be no Parliament. But it is true, before His restraining of Himselfe, He could vvhen He pleased have dissolved them; But if they have committed Treason or Felony; and that that vvhich their Oracle Sir Edvv Cooke, Mr. Sollicitor, and that reverent old Eleazar. Iudge Ienkins do say, be true, That Treason and Felony do superfede all priviledges of Parliament; And although a Corporation cannot commit Treason, yet every person of the Corporation may; and if one then ten, if ten then a hundred, and so all; And if that House have had the ill lucke to commit Treason or Felony, (although the King by reason of His restraint should not dissolve it) yet it may become Felo de se, and may destroy it selfe: And it is much doubted vvhether the King can raise them from the dead.
Then they come to their standing amazed at the Kings solemn Protestation of having never any thought of bringing up the Northern Army; or levying of forces to wage war against Has Parliament; or to invade the rights of his Subjects; or bringing in of forreign forces They should have done vvell to have set down the date of the said Declaration; as likevvise the particulars wherein He hath falsifyed His said Protestations; and not to have kept themselves still upon the fraud of generals; nor confounded the times before they had entred into Armes, with the times after the King had proclaimed them Traitors and Rebels; times and circumstances do often justly alter Counsels, and make those Actions necessary and good, which without them might have appearance of blame: But if the particulars shalbe set down with the times and circumstances, the falshood, as well as the malice will appear, of their so often reiterated reproaching their King, with breach of Oaths and protestations.
They do farther then charge the King, that He endeavoured to get out Cannon, Povvder, & Shot out of His ovvn stores; and they have a Letter to that effect to Sir Iohn Heyden: They say likewise that He did attempt to have forced Hull in an hostile manner. Two such faults in the King as do marvailously justify their resolutions and usages of Him, which they set down to be the Scope of this Declaration: In the one, the King would have imbezil'd His own proper goods; and in the other, He would have come into His own Town, had not the Traitor Hotham kept Him out; for which they have given him such a reward, as others may justly expect, if their repentance and the Kings goodnesse do not prevent it.
It vvas not long (they say) before the King proclaimed them Traitors and Rebels, and set up His Standard against the Parliament, vvhich never King of England did before Himselfe;
Herein they are mistaken, for the King did not set up His Standard against His Parliament; His Parliament was never named at the setting up of His Standard; but it was set up against those vvhom He had first proclaimed Traitors and Rebels, vvhich hath bin often done by the Kings of England; And so did His Majesty novv against an Army marching tovvards Him, to surprise His Person; and that vvithin fevv dayes after gave Him battell, and did their best to have slain Him under the command of the Earl of Essex, vvith vvhom they had all svvorne and protested to live and dye.
But that vvhich they say, that never any King before set up His Standard against His Parliament; it is true, for no King ever needed a Standard against His Parliament; for that at their pleasures they could dissolve it vvith a breath; and so might His Majesty have done novv, had not His goodnesse and unprovident desire of gratifying them restrained Him, by assenting unto that Act for the continuance of this present Parliament; vvhich they themselves protested in one of their Declarations, they vvould never make use of to the Kings disservice, but only to the ends for vvhich it vvas granted, viz. to be a security for the raysing and paying of moneys; vvhich hovv they have performed, let the vvorld judge.
It is then said, the King called a mock-Parliament at Oxford; It is true that the King having declared the Members sitting at Westminster to be Traitors and Rebels; and Treason, as themselves have often acknovvledged, discharging all Priviledges, Qualifications, Capacitie, or abilities to act as a Parliament; the King vvas enforced to call to His Counsell and Assistance, His loyall Members of both Houses, that had bin vvrongfully, or by force and tumults driven from the Houses at Westminster; and to require of them in His so great distresse their helpe and advice: but it is conceived that they vvill not be able to shevv, that the King ever stiled it His Parliament, but an Assembly of the Members of the Lords and Commons convened at Oxford. And for that which they instance of a private letter, intended only for the sight of the Queen His Wife, they vvill faile of the end for vvhich they produce it, which is, to vvithdravv the affections of His faithfull Servants (vvhich they call His ovvn Party) from Him, by telling them, that they may perceive vvhat revvard they may expect, vvhen they have done their utmost, and shipwrack'd their faith and consciences to His vvill and tiranny: But His party (as they terme it) vvhich are His faithfull and loyall Subjects, as they have already most of them lost their Estates and Fortunes for their Conscience and Loyalty to Him; so they vvill sacrifice their lives vvillingly for His service and restitution. And as for that by-name of a mock-Parliament, vvhich they give unto that Assembly; They may remember that there vvas double the number of Peers more then remained at Westminster; and for the Members of the House [Page 35]of Commons, they much exceeded in their Estates and Fortunes all those that vvere left behinde them. They may likevvise remember that they have not vvanted their by-names in print; as the Iuglers, and Hocas-pocases at Westminster; and by some vvho have ever adhered to them, have been stiled a Linsey-woolsy-Parliament; and their own Army in their Declaration, have called them a Parliament swayed by a factious prevalent party, that governed by an arbitrary tyrannicall Povver. These things I must confesse are set down by me (that have been a Member of the House of Commons) vvith great greif, remembring the respect and reverence vvhich in former times vvas borne unto that House, and novv changed into so great Scorne & Derision as vveekly comes forth in print.
They then adde, His often breach of trust with the Protestants of France, Scotland, Ireland, and England, with all other His unjust oppressions; and His often endeavours to enslave them by German, Spanish, French, Lorraign, Irish, and Danish, and other forreign forces. Those other forces must certainly be of Turks, Swedes, or Polands; for they have particularly recited almost all other Nations, when now in all this their Declaration, (except such from Ireland who were His ovvn Subjects, and who were bound in duty to come to the succour of their King, being invaded by a forraign Nation, call'd in by them to conquer Him) they have not bin able to instance in so much as one Company of foot, or troop of horse of forraigners, that He hath called in; but they hope by this great noise of reciting so many Nations, to fill the eares of the People, and to abuse them; as they did by the speaking of the death of His Father; of the reproaching of His Mother; of His bloody Cruelties, His Oppressions, and Tiranny; His breach of Trust, of Oaths, and Protestations; and with these odious names, and a bold Accusation, (to which He should not have means to ansvver) to make somthing sticke with the people, whereby to alienate their Hearts from Him; and to allay the detestablenesse of their most inhumane and barbarous proceeding with Him.
They then say, neither do vve vvonder He should forget His Vovves and Protestations, that He vvould never consent to a toleration of the Popish Religion, or abolition of the Lavves then in force against Recusants, yet about the same time He wrote Letters to the Queen, and the Earl of Ormond, that He vvould consent to the taking avvay of all penall Lavves against Papists both in England and Ireland.
Touching the Letters to the Queen, and the Marquesse of Ormond, they are all printed by their Order; and according to the information I have credibly receaved, by those Letters it vvill appear, that the penall Lavves touching Recusants were not to be taken avvay; and the favours intended to the Papists vvere vvith such limitation, as they thinke fit to conceal.
Besides, there is a vvide difference betvvixt a tolleration of Popery, and the not putting in execution the penall Lavves; and so there is betvvixt the abolishing of the penall Lavves, and a temporary forbearance of the rigour [Page 36]of them; vvhich hath been practised by Queen Eliz. King Iames, and His Majesty; but never in so high a degree, as by themselves tovvard the Sectaries and Separatists (vvho by the Lavv are Recusants as vvell as Papists;) yet they have made use of them in their service, vvithout distinction of any Sect, Schisme, or Heresy; insomuch that at Plymouth they made use of some Turkes in their service out of the Goale, that had bin condemned as Pyrats. And let them remember of vvhat a composition their nevv model'd Army is, by vvhom they have carryed through their Rebellion; and hovv carefull they are novv to uphold the liberty and freedom of them, under the name of tender Consciences. Yet it must be a Crime in the King, for the saving of His Crovvn, to encourage His own [...]ubjects to be loyall unto Him; and to assist Him against His Rebels, by promising them some favour against the rigour and extremity of the Lavves. There is no Religion, or Nation, English, Welch, Irish, Scottish, French, Hollanders, Dutch, Germans, Turkes, vvhose service they have not used to depose their Soveraign, as it is novv apparent, although at first they all fought for the King and Parliament: And if He should have made use of them for His just defence, or shall do for His just restitution, His doing so, vvould be much more justifyable before God and man then vvhat they have done.
They then say, that notvvithstanding that both Houses, and the Scotch Commissioners did declare, that they did hold a personall Treaty vvas not safe, yet the Houses novv yeilded to that; that is, to a personall Treaty.
They might have remembred that the Scots in their Papers do set dovvn vvhy at that time they held a personall Treaty at London not safe; viz. because the King had severall Armies of foot, and many strong garrisons then; neither vvas it knovvn vvhat party, or correspondency He might have in London; all vvhich considerations vvere novv ceased; and that therefore at present they held a personall Treaty (and that to be vvith the Houses themselves and at Westminster) most necessary. And thus vvith their Art in confounding of Times, they labour to abuse the World; and to make shevv as if they had yeilded to all that vvhich the Scots novv desired; vvhereas they vvould not treat vvith the King but in the isle of Wight, and not vvith the Houses, as the Scots Commissioners desired, but vvith their Commissioners; And vvhereas the Scots desired that the King might be free and at liberty, they vvould have Him remain still their Prisoner.
They further say, that all this vvas yeilded unto, upon condition that the King vvould signe but foure Bils, vvhich they judged not only just and honourable, but necessary even for the present Peace and Safety during such a Treaty. Hereby they vvould insinuate that they desired the foure Bils but for security during the Treaty; vvhereas they knovv that those Bils vvere to be made Acts of Parliament, and so perpetuall Lavves; unlesse they intended that the Treaty should be everlasting.
As for the justnesse, honourablenesse, and necessity of the said foure Bils; If they have vouchsafed to read the Kings Ansvver (vvhich vvas not of much importance vvhether they did or no, their resolution being taken before; that if the King vvould not undo Himselfe, they must undo Him, vvhich is said to have been the speech of a Member of that House) if they had read the Kings Ansvvers, they vvould have found that the King had convincingly made it appear, that this their vvay of proceeding (besides the unreasonablenesse of the Bils themselves) vvas irrationall, impossible, and must be ineffectuall to the making of Peace, for vvhich this Treaty vvas pretended to be; To vvhich might be added, that it vvould have been invalid.
It was irrationall; for that it is contrary to the nature of a Treaty, that the cheif Subject matters of the Treaty should be first assumed.
It was impossible; because the King vvas desired to passe these Acts by Commission under the great Seale, and not by His presence in Parliament; vvhereas there is no such thing as a great Seale, but a mock-Seale of their own making, of vvhich Sir Edvv. Cooke, Mr. Sollicitor, and the above-named reverent Iudge, as well as three Statutes, have likevvise delivered their opinion.
It must of necessity be ineffectuall; for no Peace could be concluded vvithout the Consent of the Scots; and they in the name of that Kingdom protested against their Bils, and manner of proceeding; and like rationall men they declared, that they could not but vvonder, that it could be supposed that the King having so often refused the said Bils, for the procuring of a Peace, should novv condescend unto them, only for the procuring of a Treaty.
Invalid it must needs be; for it is vvell knovvn, that imprison'd Princes (especially by their ovvn Subjects) can do no valid Act to the prejudice of themselves, much lesse of their Successors; besides it is vvell knovvn vvhat the doctrine of the above specifyed Authors and the Lavv is, touching constraining of the King by force. There shall no more be said of the manner of their condescending to such a condition'd Treaty (vvhich they insinuate to have been a gracious proceeding) only I vvill set dovvn what a sober man said of it, and then speak to the matter of the Bils by them desired: That the King vvas used like a man that had had his horse, moneys, svvord, cloak, and cloak-bagge violently taken from him; and the men that had rob'd him (so that he vvould promise not aftervvard to prosecute them) vvere content to treat vvith him about restoring him some part of his goods; but he should first give his consent that they might keep his horse, his money, his svvord, and his cloak; but for his cloak-bagge, his night-cap, his slippers, and his shirts, they vvould treat vvith him; And because he vvould not yeild to those conditions, they stript him of his clothes, bound him, and cast him into a ditch.
For the matter of the Bils they say nothing, not so much as to insinuate [Page 38]vvhat they vvere, and of them there vvill be a Tract apart; only tvvo or three vvords shall be said to let the vvorld see, that there vvere never so shamefull proposals made by any Subjects to their King; especially upon His refusall to yeild unto them, to lay the ground for His deposing, and imprisoning.
1. If the King should have condescended to the settling of the Militia according to the Bill offred by them, He should have divested Himselfe and the Crown for ever, of the means of protecting His Subjects, the Lavv, or the Church, and thereby have been absolutely perjured, by breaking His Oath of Coronation; He should have left His Subjects meere Slaves to their absolute power, by giving way that they might levy what men they pleased, without distinction of Persons, Quality, or limitation of Numbers; and under the pretext of paying the men so levyed, might raise what moneys they pleased, without restraint either in the manner or proportion. And having already (as they pretend) the Legislative power in their hands without the King; it is much wondered that they should presse for any more Bils then this; for hereby alone they should be the most absolute Princes in Christendom, their Wils being the only Lawes, and a settled Power to uphold their Will.
2. But it should seeme being hereby become Princes, they would not want that noble Power of Soveraignty, of conferring of Honours; They had once this Parliament nominated a list of Persons whom they intended to have made Dukes, Earles, and Barons; and now they would hooke in that Power by a Bill. It may be said they intend it not without the King: That is but an illusion, for if they shall by Bill make such Persons Peers, as they will pretend have by their fidelity and courage preserved the State; they have already declared, that the King ought to give His Consent to such Bils as the two Houses offer unto Him; and in this rewarding of such Heroes, as have been the preservers of their Country, they vvill not take a Denyall. And for their supplying their nevv Lords vvith Estates and Revenues for their nevv callings, that is but giving the Estates of some of the loyall Lords (whom they call Delinquents) to those their nevv Lords; vvhich is done in a morning by an Ordinance, as firmely as if it vvere by Act of Parliament.
3. In their third Bill, of having all Declarations and Proclamations of their Treason and Rebellion to be revoked, they do not pretend a generall Pardon or Act of Oblivion; but they vvill have a Iustification of all their Actions and proceedings; and all the blame and blood of the War to rest upon the Kings head, and His Adherents; and that they as Traitors and Rebels have forfeited their Lives & Estates, vvherevvith they vvill enrich themselves So that the King must not only pardon, but justify them vvhom He hath [...]o often declared to have been Traitors, and in His conscience beleeveth them to be so (although He be vvilling to forgive and forget all that is by past) but must leave in the hands of their mercilesse Enemies, those that [Page 39]His conscience telleth Him have bin and are innocent loyall Subjects; and can be charged with no Crime, but that they have served Him faithfully according to their Obligations by the Lavv of God, the Lavv of the Land, their Oaths, and naturall Allegeance. Insomuch that they are not content that the King should be poore, and vvithout any Povver or Authority; but as they labour in this Declaration to render Him odious to His people, so they would make Him infamous to all Posterity, by delivering His faithfull true servants and Freinds (that have suffered so much for Him) to totall ruine and destruction.
4. Their fourth Bill, is, for the further Declaration of the Act for the continuance of this Parliament, as is pretended; but in effect it is a further settling and confirming of it; And certainly if there did any shame remain, they would blush to move the King in any thing concerning this Bill; considering upon vvhat grounds the King was induced, or rather constrained to grant it; and hovv they have solemnly protested by their Declaration of the 19. of May 1642. That they would do nothing by vertue of that gratious Act, which othervvise had not bin fit to have been done. But what use hath been made, and still is, of the said Act, (beyond the Intention in the preamble of the said Bill expressed) to the disservice of the King, and destruction of the Kingdom, let the world judge.
Novv since the Kings not condescending to these foure Bils, is that vvhich they themselves set dovvn in this Declaration to be the formall and reall Cause of their making of these Votes, and consequently of deposing and imprisoning the King, (For all the other particulars are but Aggravations and Accumulations of faults, vvhich they say they have hitherto borne) but this the Kings present denyall of their Bils, is that vvhich vvithout Scorn and Contempt to themselves, and ruine to the Kingdom, they may not suffer; and therefore have taken their present resolutions, to have no more to do vvith the King, but to settle the Kingdomes vvithout Him.
The case lyeth then plainly before the indifferent Reader, whether the refusing of foure such Bils, so destructive in the matter to Monarchy; so enthrawling of the People to all sorts of Slavery; and in the manner so compulsory, so irrationall, and so impossible, be a justifiable Cause for Subjects to depose their King, to imprison His Person, to defame Him to the World, and to deny Him all means of Vindicating His Innocency and Honour.
But now they say, having made this last so just and honourable application, they cannot but conclude, that by not assenting unto it, He hath forgotten not only his duty to the Kingdom, but also the care and respect which He ovves to Himselfe and His ovvn Family.
How just and honourable the said Application hath been, hath been formerly shewed, of which it may be with truth averred, that leaving aside the wickednesse in the matter, no story ancient or modern can paralell it [Page 40](for the undutifulnesse and impudence of it) in Subjects towards their King.
To conclude, they say, that for these fevv of many reasons, they cannot repose any more trust in Him; but have made those former resolutions. Certainly they have done ill to passe by their many reasons; for these few have been much too weak to support so great a weight, as the wickednesse of their deposing their King, and the using of Him as they do; and it is to be beleived, that they would make use of the best of those reasons, having so great store out of which to make their choice.
In the next place they say, They will not vvithstanding endeavour to settle the present Government, as may best stand with the Peace of the Kingdom. It is likely indeed to be a righteous Government, and to last long, that a prevalent party in the House of Commons shall settle without the King, and against all Law.
WHAT hath bin hitherto said, hath bin to shevv hovv free the King is from the Aspersions endeavoured to be cast upon Him by this Declaration; together with the great malice and falshood of it. First, many things in matter of fact are most untrue; as that the King should have a hand in the Irish Rebellion; That there was a Design of a generall Massacre of all the Protestants in England; That the Spanish fleet that came into the Dovvnes 1629. vvas to enslave the Subjects &c. vvith many more such ridiculous falshoods.
Other things are perverted by false application of the facts, as that the Horse that vvere spoken to be raised in Germany, vvere for the enslaving of England; vvhereas the truth is, that if that designe had gone forvvard, (as it did not) it had bin to recover the Palatinate.
In other things were the facts untrue, by concealing part of the truth and the circumstances, vvhich do clearly justify the said fact; The Malice and Fraud of the Declaration is made most apparent; as when they speak of slitting of noses, branding of faces, cutting off eares, the facts were true; But they conceal that all these things were done by course of Iustice against notorious Malefactors; And so that vvhich they should have called Iustice, they novv bring for an instance of Cruelty.
Fourthly, it is remarkable that all the greivances complained of throughout the Kings vvhole Reign, though vvholy redressed according to their ovvn desires; yet they are recharged, and the redresses not spoken of. So likewise are all the Objections vvhich they have formerly made, either of the passages of the War, or concerning the Treaties; although they have by the King bin formerly fully ansvvered, yet they obtrude upon the people all the said objections, and conceal from them the Kings satisfactory Ansvvers; and all this in so venomous and spitefull a language, that it is plainly to be seen, that their end is to make differences irreconcileable, and the King odious, that they may have the more colour to destroy Him.
It will novv be necessary to speak a few words of their other Proposition, viz. that a King that should be culpable of those Crimes suggested in this their Declaration, may be proceeded against, as they do novv proceed with the King; for to that end they have written this Declaration, as conteining the reason of their Resolutions and Proceedings.
This position is worse and more dangerous then their present Rebellion, for that by Gods goodnesse may soon have an end, but this Position is a source, a seed-plot & nurcery of perpetuall Rebellions. So much hath been written by all sort of Christians against this damned Maxime, that here it shalbe very breifly spoken of, and only shevved, that it is full of Impiety, Perjury, and Treason.
Impiety, tovvards God, who hath in his holy word so often commanded obedience to the Povvers by him ordained over us, and hath prohibited Resistance upon pain of Damnation; and that to Heathen, Tyrants, and Persecutors of his Church, even to that monster of man [...]kinde, Nero.
Perjury, by breaking so many Oaths, Protestations, and Covenants, of bearing unto the King true faith & Allegeance, of defending His Person and Honour, with all His just Rights and Dignities.
Treason, The levying War against the King, the adhering to His Enemies, the indeavouring to alienate the hearts of the Subject from the King, to remove the King from the government, or to imprison His Person, to subvert the Lawes, to indeavour to change the government either Ecclesiasticall or Civill, to reforme the King by force, and many other things are by the Lawes, and Acts of Parliament (and not by Ordinances) declared to be Treason, and most of them so confessed by themselves this Parliament to be so; and for the pretence of some of them, the Arch-bishop of Canterbury, and the Earle of Strafford lost their lives. And here I shall leave that damned Position, that Subjects may depose their lavvfull hereditary King, (for so the King is in effect) upon Suggestions of His failings, or any other cause vvhatsoever.
It remaines yet to speak somthing of the Scope of their so bitter rayling, and reviling of the King with so foule a pen, as Tyranny, Cruelty, betraying, breach of Oaths &c. which is to make Him odious; for answer whereunto there shalbe only offred unto the World and them, such truths of the King and His Deportmens, as the feircest of His Enemies shall not deny. He is known to be a Prince of a most pious life, vvhich He daily sheweth by His constant practice of all Acts of devotion, as Prayers, Sermons, and frequent receaving of the holy Sacrament. No blood hath been dravvn by His Anger or Revenge; no noble Family dishonoured by His Lust; no Debauchery or Excesse hath receaved encouragement by His Example; no Oaths or Profanesse have bin heard to come out of His mouth; His prudence, ability, and invincible courage, and industry, are not unknovvn to themselves; nor His patience and composednesse of minde, in the highest afflictions and wrongs [Page 42]that have ever almost befallen any King; and lastly, His goodnesse and clemency in desiring to put all by past Injuries into perpetuall oblivion.
Let these His knovvn and undeniable vertues, besides His Royall Descent, and undoubted Title for six hundred years in England, and of 108. Kings in Scotland, be put into the ballance, against all those malicious and untrue Aspersions that have bin raked together against Him; and then let it be judged, vvhether it vvill not be an ill change for the people, to leave the subjection and Government of such a Prince, to put themselves under the Tyranny and Arbitrary Povver of such a Parliament, and such an Army.
One thing more shall only be offred to the consideration of the People; vvhether if the Houses should condescend to a Peace, upon no more then vvhat the King offreth, viz. all the Concessions He hath granted this Parliament, and vvhat He hath offred from Holdenby, from Hampton Court, and Carisbrook-Castle (before cited,) the english Nation should not be the freest and happiest Subjects in Europe. And vvhether if they continue under the present usurped Povver of the House of Commons, and the Army, (for the Lords serve novv only to be subservient unto them) they shall not be the most miserable of all People; by having their Religion, Lives, Liberties, and Lavves changed, and to be disposed of by the Wils and Arbitrary Povver of their fellovv Subjects.
It is again desired (as it hath bin in the beginning of this Ansvver) that vvhat is herein set dovvn, may only stay mens judgements, and put them into a deliberation; untill the King (vvho hath perfect knovvledge and information of all the particulars, vvhich in many things are wanting to the writer hereof) shall Himselfe set forth His full Ansvver; vvhich is not likely to be long; for that those who have the worst opinion of the Proceedings of the House of Commons, cannot suppose them to be so irrationall and barbarous, as not to let the King have a sight of this their Declaration; and to afford Him all necessary means of making and publishing His Ansvver.