IF the nature and minds of men were not more inclined to errour and vice, then they are to truth and vertue, and their memories more retentive of the Arguments and evidence, which is ad­ministred to pervert, then of those ap­plied to reclaime them, there would be little need of composing any Answer to this seditious and trayterous Declaration, which consists onely of the severall infamous and scandalous imputations and re­proaches (except the odious and groundlesse discourse of the death of King James, which though they have al­waies whisper'd, they never thought fit to own till now) which have been thrown and scattered against the King throughout their Declarations and Remonstrances, and is but the same Calumny and Treason, bound up in a [Page 2] lesser Volume; to every particular whereof His Majesty (whilst he was at liberty to speak for himself, and to take the pains to undeceive and inform his people) gave full and clear answers, in His severall Declarations and Ex­presses, so that from thence all men may gather the most naturall and proper Antidotes, to expell this poyson, the spirit and malignity whereof, (it is hoped) is so near spent, by the stalenesse and palpable unskilfulnesse, as well as malice, of the Composition, that it will neither be received by, or work upon any healthfull Constitutions; yet it will not be amisse, for the information of those, who (it may be) have not taken the pains to read the KING's former Answers and Declarations; and refreshing the memory of others, who have forgotten what they have read, to collect the Answers formerly given to those par­ticulars, with which His Majesty is now charged, and to adde to those Answers, what the knowledge and obser­vation of most men who have been faithfull inquirers in­to past Actions, with that integrity and duty that be­comes Subjects, may supply them with; For which there will need no great Apology, since every honest man hath a more regular and legall qualification, to vindicate His Majesty from those foule aspersions, then any Com­bination, or Congregation of men, can have to traduce Him with them.

Before any discourse be applied to the monstrous Con­clusions, which are made, and for the support and main­tenance whereof, that Declaration is framed and contri­ved, or to the unreasonable glosses upon His Majesties Propositions, and prosecution of his desires of peace and Treaty, it will be the best method, to weigh and consider those particulars, upon which they would be thought to found their desperate Conclusions, and in which they [Page 3] say, there is a continued tract of breach of trust in the three Pag. 11. Kingdomes since His Majesty wore the Crowne.

1. The first Charge is, that His Majesty in publique Speeches and Declarations, hath laid a fit foundation for all Tyranny, by this most destructive Maxime or Prin­ciple, which he saith, he must avow, That He oweth an ac­count Pag. 12. of His Actions to none, but God alone; and that the Houses of Parliament, joynt or separate, have no power, ei­ther to make or declare any Law.

That which all learned Christians in all ages have taught, and all learned Lawyers of this Kingdome have alwaies held, and acknowledged, is not like to be a de­structive principle, and a fit foundation for Tyranny; and surely this assertion of His Majesties hath no lesse autho­rity; For the first, the incomparable Grotius, upon whom all learned men look with singular reverence, saies, that even Samuel jus Regum describens, satis ostendit adversùs De jur: bell: fol. 64. Regis injurias nullam in populo relictam potestatem; which, saies he, rectè colligunt veteres ex illo Psalmi; Tibi soli pec­cavi: Because being all, ejusàem ordinis, the people owe the same obedience to these, as they did to those, though the absolute power and jurisdiction the Kings of Israel had, be no rule for other Princes to claime by: And Grotius there cites Saint Ambrose his note upon the same Text, Neque ullis ad poenam vocantur legibus, tuti imperii potestate, homini ergo non peccavit, cui non tenebatur ob­noxius.

The wise and learned Lord Chancellor Egerton, in hisPostnat. p. 107. Argument of the Postnati, mentions some Texts in the Civill Law, of the great and absolute power of Princes, as Rex est lex loquens, and Rex solus judicat de causa à jure non definita, and saies, he must not wrong the Judges of the Common Law of the Kingdome, so much as to suffer [Page 4] an imputation to be cast upon them, that they or the Common Law doe not attribute, as great power and authority to their Soveraigns the Kings of England, as the Canon Laws did to their Emperours; and then cites out of Bracton, (the Chief Justice in the time of King Hen. 3. and an authen­tique Authour in the Law) these words, De Chartis Regiis & factis Regum non debent nec possunt Justitiarii, nec pri­vatae personae disputare, nec etiam si in illa dubitio oriatur, possunt eam interpretari, & in dubiis & obscuris, vel si ali­qua dictio duos contineat intellectus, Domini Regis erit ex­pectanda interpretatio & voluntas: and the same Bracton in another place saies of the King, Omnis sub eo est, & ipse sub nullo, nisi tantum sub Deo.

The ground of that excellent law of Premunire in the16 Rich. 2. c. 5. 16 year of King Rich: 2. c. 5. and the very words of that Statute are, That the Crown of England hath been so free at all times, that it hath been in no earthly Subjection, but immediately subject to God in all things, touching the Rega­lity of the same Crowne, and to none other; and upon that Maxime of the Law, that good Statute against the Pope, was founded.

If the King were bound to give an Account of his A­ctions to any person or power whatsoever (God excep­ted) he could not be the onely supream Governour of this 1 Eliz. c. 1. Realme, which he is declared and acknowledged to be by the Oath of Supremacy, which every Member of the House of Commons hath taken; or if he hath not, he ought not to sit there, or to be reputed a Member of Par­liament by the Statute of 5 Eliz. c. 1.

For the other part of this most destructive maxime or principle, That the Houses of Parliament, joynt or sepa­rate, have no power either to make or declare any thing to be Law, which hath not been formerly made to be so: It hath [Page 5] been the judgment and language of the law it self in all Ages, and the language of all Parliaments themselves.

It was the judgment of the Parliament in the 2 year of King Hen. 5. (remembred and mentioned by the King, in his Answer to the 19 Propositions) That it is of the Kings regality to grant or deny such of their Petitions as pleaseth himself, which was the forme then usuall to pre­sent those desires, which by the Kings approbation and consent were enacted into Laws.

It was the language of the Law in the 36 year of K. H. 6.Dyer, fol. 60. pl. 19. reported by my Lord Dyer, that the King is the head, and that the Lords are chief and principall Members, and the Commons, to wit, the Knights, Citizens and Burgesses, the inferiour Members, and that they all make the Body of Par­liament: and doubtlesse the Priviledge of Parliament was not in that time held so sacred a thing, when an Acti­on of Debt was brought against the Sheriffe of Cornwall for having discharged one Trewynnard, a Burgesse of Par­liament, taken in Execution during the Session of Parlia­ment upon a Writ of priviledge directed to the said She­riffe, and the Kings Bench (where the Action was brought, and the Sheriffe justified) was in those daies the proper place to judge what was the priviledge of Parliament, the Law being the most proper Judge of that priviledge, as well as of all other rights.

It is the language of the Authour of Modus tenendi Parliamentum, who lived before the time of William the Conquerour, and it is the language of Sir Edw. Coke in the4 part. Instis. p. 25. Chapter of the high Court of Parliament, which was published by a speciall Order of the House of Commons since the beginning of this Parliament, that there is no Act of Parliament but must have the consent of the Lords, the Commons, and the royall assent of the King: and the [Page 6] same Sir Edward Coke saies, in the 11. p. of that Chapter, that Innovations and Novelties in Parliamentary procee­dings are most dangerous, and to be refused.

It is the language of the Parliament in the 1 year of1 Iac. c. 1. King James, when to the first Act that was past, they de­sired His Majesties royall assent, without which (they say) it can neither be compleat or perfect, nor remaine to all po­sterity, &c.

Lastly, it is the language of this present Parliament, andExact Collect. p 207. in a time in which they were not very modest in their pre­tences, for in their Declaration of the 19 of May, they ac­knowledge, that by the constitution of this Kingdome, the power is in His Majesty and Parliament together, albeit they conclude in the same Declaration, that if He refused to joyne with them, they will doe their work themselves without Him.

There is no one Proposition that hath more mis-led men, then the discourse of the Parliaments being the su­pream Court of Judicature, and therefore that they have the sole power to declare Law; It is confessed, that the House of Peers in Parliament (for any pretence of the House of Commons to judicature is groundlesse, and un­reasonable, and unheard of, till within these last seven years) is the supream Court of Judicature, whither any person that conceives himself oppressed by the judgment of any other Court, may by writ of Error remove that judgment, of which he Complaines, and from the Sen­tence of that Court there is no Appeale; which His Ma­jesty well expressed in His Answer to that Declaration of the 19 of May, in these words, We deny not, but they may Exact Collect. p. 251. have a power to declare in a particular doubtfull case regu­larly brought before them what Law is, but to make a gene­rall Declaration, whereby the known rule of the Law may be [Page 7] crossed or altered, they have no power, nor can exercise any without bringing the Life and Liberty of the Subject to a lawlesse and arbitrary subjection: Which assertion the too sad experience of all men hath evinced to be most reason­able. The truth is, that power of declaring in a particu­lar case so brought before them, is rather a power to de­clare what shall be done in that case, then what the law is; for if they reverse a judgment brought before them, and determine the right otherwise, then it hath been judged by the sworne Judges, that judgement is no rule to the sworne Judges to judge by, but they may in the like case without imputation of Crime or error, judge as they did formerly; which shews that the Judges are the onely In­terpreters of the Law, in their severall Courts, though in these cases, removed regularly before the Lords, the party must acquiesce, there being no other Court to ap­peale to.

Adde to this, that there hath been in all times, that re­verence to the sworne Judges of the Law, that the Lords in Parliament have alwaies guided themselves by their o­pinion in matters of law; neither will it be ever found be­fore this Parliament, that the House of Peers ever decla­red or judged the law in any particular case against the unanimous opinion of the Judges, who are assistants only for that purpose; neither is it reason that any should be thought fit Interpreters or Declarers of the law, but they who have studied it, and are sworne to doe it truly. And to this point, though there are multitude of examples and Presidents, there shall be one only remembred: In the Parliament in the 28 year of Hen. 6. upon the 16 of January, the Commons desired, That William de la Poole Duke of Suffolk should be Committed to prison for many Treasons & other hainous Crimes cōmitted by him; The [Page 8] Lords in Parliament were in doubt, what Answer to give, they demanded the opinion of the Judges, their opinion was, that he ought not to be Committed; And the rea­son was, for that the Commons did not charge him with any particular Offence, but with generall Slanders and Reproaches; And therefore because the specialties were not shewed, he was not to be Committed: this opinion was allowed, and the Duke was not Committed, till a Fortnight after that the Commons had exhibited speciall Articles against him, that he conspired with the French King, to invade the Realme, &c. And then he was sent to the Tower: So great respect did those times beare to the Judges of the Law, and so much courage had the Judges then to declare what the Law was.

Having now made it manifest, that this most destru­ctive maxime or principle, is no new position, but agree­able to antiquity, Conscience, truth, and Law, and there­fore not like to be a fit foundation for all Tyranny; It will not be unseasonable, to observe that these words were spoken by His Majesty at the first Session of Parliament in the 3 year of his Reigne, and that though the matter of them hath been often since, and must be alwaies aver­red by him; the very words have not been used in Speech or Declaration by His Majesty since the beginning of this Parliament, and that that very Parliament continued many Months after, and never in the least degree made question of them, nor hath any objection been made to them, till this new Declaration of the Commons, near 18 years after, and therefore it is not probable, that they have been before mis-interpreted or censured.

It may be likewise in this place fit to inform the people, what these men meane by the power of Declaring Law, which they are so ambitious of; that they may know [Page 9] how little else they would need to destroy King and people, if they were possessed of this power, in the sense they intend; which will best appear by the instances in which they have assumed it.

The King proclaimes Sir John Hotham guilty of high Treason, for having shut the Gates of Hull, and having made resistance with armed men in defiance of His Majesty, which he saies is high Treason by the Statute of the 25Exact Collect. p. 276, 277. year of Edw. 3. c. 2. They declare that Sir John Hotham did not shut the Gates against Him in defiance, but in o­bedience to His Majesty, and that the meaning of that Sta­tute is onely against those, who levyed War against the Kings laws and authority; that the Kings Authority is only in them; and they only can judge of the laws; and there­fore that they who shall levy War by their authority, (though against the personall Commands of the King, and accompanied with his presence) incur no danger by that Statute: And that they who did attend His Person against them, are guilty of Treason within that Statute.

The King for the information of his Subjects, remem­bers them of the Statute made in the 11 year of K. Hen. 7. cap. 1. by which it is enacted, That no manner of person, whosoever he be, that attends upon the King and Soveraign Lord of this Land for the time being in His Person, and doe Him true and faithfull service of allegiance in the same, or be in other places by His Commandement in His Wars, shall be convict or attaint of high Treason, nor lose Lands, Goods, &c. They declare that by the King, in this Sta­tute,Exact Collect. p. 280. is meant the Parliament. If they are told the King is Supreme head and Governour over all persons within His Dominions, and that He is so acknowledged to be by the Oaths themselves have taken, They presently declare,Exact Collect. p. 703. that it is meant of singular persons rather then of Courts, [Page 10] or of the collective body of the whole Kingdome: Examples innumerable of this kind might be remembred, and the consequence needs not be pressed.

That the absurdity may a little appeare, as well as the mischief, they apply this faculty of declaring to the satis­fying their Curiosity, and supporting their Credit, to matter of right, and matter of fact, or to any purpose that may advance their Designes: They intercept a Let­ter directed to the Queens Majesty from the Lord Digby before the War began, and declare it would be dishonour­able Ex. Col. p. 82. to His Majesty and dangerous for the Kingdome, if it should not be opened; and thereupon with unheard-of pre­sumption, they open and peruse the Letter, Her Majesty being within a daies journey of them: And when the King caused Sir John Hotham's Letters to be opened, which were intercepted after he was in Rebellion, They declare, that it was a high breach of Priviledge, which byEx. Col. p. 156. the Laws of the Kingdome, and by the Protestation we are bound to defend with our lives and fortune.

One Master Booth, a Gentleman of quality of Lincoln­shire, delivered a Petition to the King at Yorke, in which he complained of certaine Gentlemen, who as Deputy-Lieutenants, had put the Ordinance for the Militia in execution in that County; and set forth in his Petition severall Actions done and words spoken by them at that time, and both himself and one Master Scroope made af­fidavit before a Master of the Chancery, that the Infor­mation in the Petition was punctually and precisely true; which Petition and Oath being printed, the House of Commons frankly declared, That it was false; Not toEx. Col. p. 481. speak of their declaring that the Kings comming to the House of Commons was a trayterous design against the King and Parliament; and that His Proclamation whichEx. Col. p. 40. [Page 11] He published for the apprehension of those Members, was false; So that this sole power of declaring, would not stand in need of any other power to subvert the whole frame of Government, and so dispose of the intire rights of Prince and People according to the variety of their appetites and humour; For they say, as some presidents Ex. Col. p. 26 [...]. of their Predecessours ought not to be rules for them to fol­low, so none can be limits to bound their proceedings.

And in truth the inconstancy and contradiction in their rules and resolutions is no lesse observable then the other extravagancy; In their Petition of the 14 of Decem. 1641. they declared, that the King ought not to manifest or de­clare His consent, or dissent, approbation or dislike of any Bill in preparation or debate, before it be presented to Him in due course of Parliament; yet within few daies after, in the Petition that accompanied the Remonstrance of the State of the Kingdome, they desired His Majesty that He would concur with them, for the depriving the Bishops of their Votes in Parliament, the Bill for that purpose being still depending in the Lords House, and then not like to passe.

By the Order of the 3 of January 1641. and many De­clarations after, they declared, that if any Person whatsoe­ver, shall offer to Arrest or detain the Person of any Mem­ber without first acquainting the House, that it is lawfull for him to stand upon his defence and make resistance, and for any other Person to assist him in so doing; but in their De­claration of the 2 of November following, they deny that Ex. Col. p. 727. they had said so, and acknowledged that a Member in the cases of Treason, Felony, or the Peace, may be Arrested and detained in ordine to his appearance before the Parliament.

There would be no end of these instances, not to speak of those, where the House of Peers have declared the Law [Page 12] one way, and the Commons an other, as in the Order of the 9 of September.

2. The next Charge is, the private Articles agreed Pag. 12. in order to the Match with Spaine, and those other private Articles upon the French Marriage, so prejudiciall to the Peace, Safety, Laws, &c.

What those private Articles were, or are, is not expres­sed, which doubtlesse would have been, if a reasonable advantage might have been hoped from it; all those Pa­pers being seized and perused by those, who have neither respect to the dignity of their Soveraigne, or regard of the honour of their Country. The Articles with both Kingdomes, were transacted by the great wisdome of King James, and cannot be imputed to His Majesty that now is; neither is there in one, or the other, any one Ar­ticle that was not in the Kings power to agree to, in the manner in which he did agree; and that neither of them were prejudiciall to the Peace, Safety, Laws, and Reli­gion here established, is most evident, for that Peace and Safety were never more visible, nor the Laws and Reli­gion established did ever flourish more in any age, then from the time of those Articles to the beginning of this unhappy Parliament, which no discourse of correspon­dence with Rome, can hinder from being acknowled­ged.

3. The third matter objected is, a Discourse concer­ningPag. 12. the Death of King JAMES, in which there is mention of a Clause in the Impeachment carried up against the Duke of Buckingham by the House of Commons, in the 2 year of this King; & that the King came into the Lords House and took notice of that Charge, and said, He could be a Witnesse to clear him in every one of them; and that shortly after the Parliament was dissolved, and they con­clude, [Page 13] that they leave it to the world to judge where the guilt remaines.

During the life of King James, and to the hour of his death, there was no earthly thing He took equall joy and comfort in, as in the obedience & piety of His Son; who was not more reputed and known to be Heire apparent to the Crown, then to be the most dutifull and pious Son in the Kingdome, and was never known to displease His Father in His life; The King died in the 59 year of his age, after many terrible fits of an Ague which tur­ned to a quotidian Fever, a disease usually mortall to per­sons of that age and corpulency of body, which K. James was of.

After His death, in the 1 year of His Majesties Reigne, there was a Parliament called, during which time there was never the least whisper or imagination of the King's death, to be otherwise then naturall, and yet the King had many great persons in His Councel, and there were more afterwards in that Parliament, who did not pretend any kindnesse to the Duke of Buckingham; many of whom must necessarily have observed, or at least have been in­formed of any Arguments for such a notorious and odi­ous practice, and would not have suffered any jealousie, that could reflect on the Duke, to be untaken notice of.

By that time the Parliament in the 2 year of the King began, one George Eglisham, an infamous Scotch-man, and a Papist, having an ambition to be taken notice of as an Enemy to the Duke, transported himself into Flan­ders, and from thence about the beginning of that Parlia­ment, sent over a small Pamphlet in the form of a Peti­tion in his owne name to the Parliament, accusing the Duke of Buckingham of having poysoned the Marquesse of Hamilton, and King JAMES; which Pamphlet was in­dustriously [Page 14] scattered up and down the streets in the City of London; and the House of Commons being at the same time incensed against the Duke, in their Impeach­ment or Remonstrance against him, thought fit to insert the giving of that Drink, and applying that Plaister (which was all that was mentioned in that Pamphlet concerning King James) as a transcendent presumption in the Duke, as is set forth in this Declaration.

If they had been ingenuous, they would likewise have set forth the Duke's answer to that Clause, and then the people would have understood that there was nothing administred to the King, without the privity of the Physiti­ans, and His own importunate desire and Command; the ap­plications being such, as unlearned people upon observa­tion and experience in those known and common Dis­eases, believe to do much good, and the learned acknow­ledge can doe no hurt; And the Parliament continued above a Week after that Answer was put in, and no one person appeared in that time to offer the least evidence concerning that Clause; and the King might very well in justice to the honour of a faithfull Servant discharge His owne knowledge to free him from so horrible an im­putation; And after the dissolution of that Parliament, all imaginable care was taken to examine the grounds, and to discover the Authours of that Suggestion; And it is known the miserable wretch, who raised the Scandal, with great penitence afterwards acknowledged his Villa­ny, and died with the horrour of his guilt.

In the year following, there was another Parliament summoned, which continued and sate many Months to­gether before the Dukes death, and which was not more devoted to him then the former had been; where those two Gentlemen mentioned in the Declaration bore great [Page 15] sway, and were nothing reconciled to the Duke or the Court, yet in all their Remonstrances, not the least word of that aspersion, all men believing and knowing it to be the most groundlesse, that could be imagined.

After the beginning of this Parliament when the li­cence of Talking and Preaching seditiously was introdu­ced, it was whisper'd amongst some of the chief Agents for the confusion which hath since followed, that they would examine the matter of the Death of King James, and shortly after the businesse of the five Members, when the King was at Windsor, and the two Houses governed so absolutely; This Pamphlet written so long since by Eglisham was printed, and publickly sold in Shops, and about the Streets, and a very powerfull person of that Fa­ction, with some seeming trouble in his countenance, told one of the Secretaries of State, that many took the liberty abroad to discourse too boldly of the Death of King James, and that he would send one to him, a Cler­gy man, who could give him a particular information of it; the same night the man came to him, who told him that there was a Papist, who lived about London, or in the nearest part of Surrey, who reported, that he could prove, that King James was poysoned; the Secretary re­quired the Informer to attend him at an houre the next day; and early in the morning, assembled the Privy Councell, acquainted them with the Information, and the Informer; and desired their Lordships advice and opinions what should be done upon it; the most of them were very shy in the matter, and he who had first spoken of it, and sent the Informer, seemed wonderfully trou­bled that it was Communicated so publickly; by which it was evident he had in the intimation some Designe ei­ther upon that Honourable Person or his Master, of [Page 16] which he hoped to have made another use: The Secre­tary immediately after he had received the intelligence, sent an Expresse to His Majesty with the account, and that he intended forthwith to impart it to the Councell, since it was no hard matter to guesse what was meant by those, who were privy to it, and therefore desired His further pleasure upon it; and finding the swaying part of the Councell at that time unwilling to meddle in it, he expected the King's Command, and in the mean time on­ly sent a Warrant to apprehend that Papist, which could not be done without the diligence and advice of the In­former, who only knew where he was, and whom he re­quired to assist. The same, or the next day the King re­turned His positive and expresse Command, That the Lords of His Councell should use all possible Industry and di­ligence in the examination, and leave no way unattempted for the full discovery: which Command was imme­diately delivered by the Secretary to their Lordships, who thereupon gave some directions, but those Lords who desired to conceale them, knowing onely who the Au­thors were, though a formall Order was given for the en­quiry, no further discovery was made, or any avowed Discourse of it till this Declaration; It being then said privately amongst themselves, that the time was not yet come, that they might make use of that matter.

This is too much to be said, upon the occasion of this most impossible Calumny and Scandall, which hath ne­ver, nor can make impression upon any sober honest un­derstanding, except to beget a horrour against the Con­trivers of it; And all true English hearts will so far re­sent it, as to expresse a detestation of the Authours, who being drunk with the bloud they have spilt, and confoun­ded with the sense of their own wickednesse, have by this [Page 17] last impotent Act, declared, that they are at the bottome of their malice; and that by the just judgment of God, their wits are as near an end as their Allegiance; and that they have no other stock left, but of despaire and mad­nesse, to carry them through their impious underta­kings.

4. The next reproach is the businesse of Rochel, and that His Majesty let divers of the Navy Royall, and other Merchant Ships to be imployed against those, whom he was engaged to have assisted; and the King's Letter to Cap­tain Penington, which they say they can shew under his own hand, and that hereby Rochel was betrayed.

Though the age, quality, and education of most of those who consented to this Declaration will not admit a Supposition, that they knew much of the transaction of this matter, yet there are some amongst them, who might well have remembred, that there was only one Ship of the Navy Royall (the Vantguard) lent by His Majesty to the French King, and that the same was returned long before Rochel was besieged, and neer if not full two years be­fore it was rendered; and therefore it would not be very easie to prove, that it was lost (much lesse betrayed) by that Action, or that the Ships were imployed against those, whom His Majesty was engaged to have assisted; But because much unskilfull discourse hath been of this Ar­gument to the prejudice of the King, and many wel-mea­ning people have been too credulous in it, without con­sidering that Actions of that nature between great Princes, are grounded upon deep reasons of State, above the ap­prehension of vulgar understandings; and that the King upon this new alliance, having at the same time a Warre with Spaine, had great reason to gratifie France in all of­fices of friendship; It may be worth the labour briefly to [Page 18] set down the truth of that matter, and the proceedings thereupon.

About the time of His Majesties Marriage with the Queen, the French King had many designes upon Italy, and a particular difference and contest with the States of Genoa, and upon conclusion of that Treaty, and renew­ing the antient League and amity, confirmed & strength­ned by this Marriage, His Majesty was content to lend the Vantguard, and to give licence that six or seven Mer­chant Ships might be hired (if the Owners were willing) to serve the French King in the Mediterranean Sea, and upon a precise promise, that they should not be imployed a­gainst those of the Religion in France: Accordingly the Vantguard (and no other Vessell of the Navy Royall) was delivered, and the Merchants Ships likewise hired by the French Agents, with the full consent of the Owners, One of which (or one by their nomination) Comman­ded each Ship and carried the same into France, and there themselves delivered the Ships into the possession of the French.

After these Ships were thus engaged in the French ser­vice, and joyned to their Fleet, in which were 20 Ships of Warre likewise borrowed of the Hollanders, comman­ded by Hauthaine the Admirall, and Dorpe his Vice-Ad­mirall, who it is very probable, nor their Masters, were privy, or consenting to that enterprize, and with which they were much superiour to those of the Religion, though the English Ships had been away, they fell upon the Rochel Fleet, and took and destroyed many of them; The King was no sooner informed of this, then he highly resented it by His Ambassadour, and the French King excused it upon those of the Religion, who, He Alleaged, had without cause, broken the peace; the Duke of Subese [Page 19] having when all was quiet, seized all the French Ships at Blauet, which very Ships made the best part of the Fleet he had now incountred and broken; And that the King of England ought to be sensible of the injury, the peace (thus broken) having been made and consented to by the French King, upon His Majesties earnest mediation and interposition; Notwithstanding which His Majesty justly incensed, that His Ships should be imployed con­trary to His pleasure and the promise made to Him, im­mediatly required the restitution of His, and all the Eng­lish Ships, the which was no sooner made, then to publish to the world how much He was displeased with that A­ction, He entred into Hostility with France, the chief ground of that quarrell being, that the English Ships had been imployed against those of the Religion, contrary to the expresse promise made that they should not be used against them, as appears as well by the Manifest of theLife of Lew­is 13. p. 79. Duke of Buckingham, dated 21 July, and printed since this Parliament, as by the Records of State of that time. Let the world now judge with what colour the losse of Rochel (which as is said before hapned not till neer or full two years after the return of the English Ships) can be imputed to the King.

5. The fifth Article, is, the designe of the Germane-Horse, Pag. 18 Loanes, Privy Seales, Coat and Conduct mony, Ship­mony, and the many Monopolies; all which, are particu­larly mentioned in the first Remonstrance of the House of Commons of the 15 of December, 1642. as the effects of evill Counsellours, and with a Protestation in that Peti­tion which accompanied it to His Majesty, that it was without the least intention to lay a blemish upon His Maje­sties Exact Col. p. 4. Royall Person, but only to represent how His Royall Au­thority and trust had been abused: And finding that the [Page 20] vile language and aspersions which they cast upon the King were generally censured and ill spoken of, The Lords and Commons afterwards in their Declaration ofEx. Col. p. 198, 199. the 19 of May, tell the people, that if they should say that all the ill things done of late in His Majesties name have been done by Himself, they should neither follow the direction of the Law, nor the affection of their owne hearts, which (they say) is as much as may be to clear His Majesty of all imputation of misgovernment, and to lay the fault up­on His Ministers; and then finding fault with those, who make His Majesty the Authour of evill Counsels, they use these words, We His Majesties loyall and dutifull Sub­jects, can use no other Stile, according to that Maxime of the Law, [The King can doe no wrong:] but if any ill be com­mitted in matter of State, the Councell; if in matters of Iu­stice, the Judges must answer for it: So that if they would guide themselves either by the good old, or their own new laws (from which in truth they swerve no lesse, then from the other) they have themselves answered, and declared against this Article; but since that is not currant, examine the particulars.

The time when this designe is supposed to have been, was when His Majesty had a War with the two greatest Kings of Christendome, France and Spaine, and there­fore if He had purposed to have drawn auxiliary Forces into His Service, it had been no wonder, nor more then all Princes use, yet in truth, there was never any designe to bring in Germane Horse, only in those unquiet times when the Kingdom was so much threatned from abroad, amongst other expedients, for strength and defence, such a proposition was made, or rather some discourse upon it, which the King rejected, and did never consent that it should be put in practice; and therefore it may seem [Page 21] strange, that this designe should be now objected against His Majesty, who alone refused and hindred it, and that Balfore and Dalbiere, (who were the principall, if not the only Projectors of it) should be in such high reputation and esteem with the Declarers.

The Loanes, Privy Seales, and other courses of raising Money were upon extraordinary, and immergent occasi­ons, and of the same nature, that have been in all times practiced, upon reason and necessity of State; And Mo­nopolies are weeds, that have alwaies grown in the fat soile which long peace and plenty makes, and of that kind they may find a larger Catalogue in their Journall book of the 43 year of Queen Elizabeth (a time that no sober man complaines of) then in any time since, and which was not then, nor reasonably can be imputed to the Crowne, since new inventions have justly so great en­couragements and priviledges by the Law, that if those Ministers, through whose hands such grants are to passe, are not very vigilant, it is not possible, but upon specious pretences, many things unwarrantable, of that nature, will have the countenance of the Kings hand; yet those particu­lars were no sooner complained of to His Ma^ty, then He willingly applied the remedies w^ch were proposed; & be­fore these troubles began, passed such excellent laws for the prevention of the like inconveniences for the future, that a better security cannot be provided: So that men must think this Rebellion to have been raised on the behalf of, not against those exorbitances, which without it, could never probably have been again exercised in this King­dome.

And here the people cannot enough observe, and won­der, that these grievances should in this manner be obje­cted against the King, who removed and abolished them, [Page 22] in a time when, and by those, who have renued and im­proved the same, and introduced new vexations upon His Subjects in an illimited manner, and intolerable propor­tion.

That, They should complain of a designe of bringing in German Horse to enslave us (which (if any such designs were) by the goodnesse of the King was frustrated and rejected) who have actually brought in an Army of all Rations upon us, and have no pretence of continuing it, but that they may subdue us, dissolve the Government of the Kingdome, and make us Slaves to their own pas­sions and appetite.

That, They should remember the King of inforced Loanes, Privy Seales, Coat and Conduct mony, who (sinceEx. Col. p. 763, 764, 765. the same have been abrogated by Him) have by their Or­dinance, compelled men to lend the Fifth and the Twen­tieth part of their Estates for the maintenance of their Ar­mies; that fifth and twentieth part to be rated according to such proportion, as certain persons named by them shall assesse, and if any person shall refuse to pay the monyColl. Ordin. 2. Vol. p. 173. so assessed upon him, then Collectors shall leavy it by di­stresse, and for want of distresse he shall be committed to prison, with such circumstances of severity and unchari­tablenesse as were never exercised by any Royall Com­mand.

That, They should complaine of the ingrossing of Gun­powder, in which His Majesty did nothing but what by His legall Prerogative He might do, who by their Ordi­nance of the 3 of April, 1644. for the making of Salt­peter, Col. Ord. 2 vol. p. 477, & 796. and by the other of the 7 of Febr. 1645. for making Gun-powder, have established all those clauses in His Ma­jesties Commission of which there was any colour of complaint, to Projectors of their owne, with so much [Page 23] worse circumstances, as the jurisdiction their Commit­tees exercise (to whom appeales are to be made) is more grievous, chargeable, and insupportable, then that was of the Councell Table.

That, They should mention the Patent of Wine, which was to pay forty Shillings upon the Tun to His Majesty, when by the Ordinance of the 22 of July, 1643. they have laid an imposition upon it of six pounds, over and above all Customes, and by the Ordinance of the 9 of October following, have authorized the Vintners to sell it at as great, and some at greater prices, then was ever to­lerated during the time of His Majesties imposition.

Lastly, (to omit the other particulars of Salt, Allum, Tobacco, and the rest, upon every one of which they have by their particular Ordinances laid much heavier taxes then was thought of in those times) that they should re­proach the King with the Ship mony (which by their own computation came not to above 200000l. by the year) as the compendium of all oppression and slavery, for which His Majesty had a judgment in a Court of Law, before all the Judges of England, and which was alwaies leavied by the due formes of Law, and which His Majesty, when He was informed of the injustice of it, frankly quitted, and did His best to pull it up by the roots, that no branch of it may hereafter grow up to the disquiet of His people, when themselves have almost ever since by that one Or­dinance of the 1 of March, 1642. imposed a Weekly taxEx. Col. p. 932. upon the Kingdome of three and thirty thousand five hun­dred and eighteen pounds, which in the year amounts to no lesse then one million seven hundred forty two thousand nine hundred and odde pounds, to which they have since added by their Ordinance of the 18 of October, 1644. for the re­lief of the Brittish Army in Ireland a Weekly tax upon [Page 24] the Kingdome of three thousand eight hundred pounds, w^ch Col. Ord 2 vol. p 563. in the year comes to one hundred ninety seven thousand six hundred & odde pounds (as much as ever Ship mony arose to) over and above Free-quarter, and all their other Or­ders for Sequestration, and twentieth part, and the cruell circumstances in the executing those and all other Ordi­nances, against the irregular doing whereof, they will al­low no Appeale, to the Judges, though of their own ma­king, but reserve the intire Connusance and direction to themselves.

It is pity that parenthesis of the Spanish Fleet with a great Army therein brought into the Downes, 1639. (of which out of their goodnesse, they say, they will say no­thing) should receive no Answer; That having been often unskilfully spoken of, as it is now insinuated, as a designe against England, whereas they who know any thing, know, that Fleet was bound from Spaine to Flan­ders, with mony to pay their Army, and new leavied Souldiers to recruit it, of which there was the greater number, because it was purposed to carry many old Sol­diers from thence to Catalonia, but all those Souldiers in the Fleet were without Armes, and without Officers, and the Fleet so far from being provided for an invasion, that in a little Fight with the Hollanders before the winde brought them into the Downes, they had so near spent their Powder, that they had a supply for their mony from London, which the King could not in honour and justice deny, the Hollanders themselves offering them what Pow­der they wanted for ready mony.

6. Next follows the torture our bodies heretofore suf­feredPage 18. by whipping, cutting off Eares, Pillories, and the like, with close imprisonment, aggravated with the Domi­nion exercised over our Soules, by Oathes, Excommunica­tions, [Page 25] new Canons, &c. by which they would have it concluded that His Majesties Government was full of cruelty and oppression.

It is an undeniable evidence of the excellent Govern­ment, Sobriety, and obedience of that time, that there were not above six infamous persons, from the beginning of His Majesties Reigne, to the first day of this unhappy Parliament, who were publickly taken notice of to have merited those corporall punishments and shame; and of the mercy of that time, that those suffered no greater, there being not one of them who was not guilty of sedi­tion to that degree, that by the Law they were liable to heavier judgments then they underwent: And for the Oathes, Excommunications, Ceremonies, and Canons, they were no other, and no otherwise exercised, then was agreeable to the Laws, and the Government established; Of and for which, the Sects, Schismes, and Heresies, the dissolutenesse, profanenesse and impiety, which have fol­lowed that since blessed Order hath bin discountenanced and suppressed, hath made a fuller and more sensible Vindication, then any discourse can doe.

And here the people will again take notice, that these Judgments and proceedings (which alwaies passed in due form of Law, in Courts of Justice, and in which no in­nocent man can pretend to have suffered) are objected a­gainst the King, by those, who without any colour of ju­risdiction, but what themselves have assumed and usur­ped, in stead of inflicting any ordinary punishment, take away the lives of their fellow Subjects, who have not trespassed against any known Law, and imprison others, with such unusuall circumstances of restraint, cruelty, and inhumanity, that many persons of reputation, inte­grity and fortunes, being first robbed and spoiled of all [Page 26] their Estates, for not conforming themselves to the wic­kednesse of the time, have perished in prison, and very many of the same condition are like to doe so for want of such nourishment, as may satisfie nature; and whosoever compares the good old Oaths formed and administred by lawful Authority, to every clause whereof the consci­ences of these very men have seemed fully to submit, with the Oathes and Covenants injoyned by themselves, will have reason to conclude mens Soules were never in so much danger of captivity, and that what the worst men underwent for their notorious crimes in the time of which they complain, was recreation and pleasure, to what all are now compelled to endure for being honest and con­scientious men.

7. The long intermission of Parliaments is remembred,Pag. 19. and that at the dissolution of some, priviledges have been broken, and that followed with close imprisonment and death.

That long intermission of Parliaments was graciously prevented and remedied for the future long before these troubles, by His Majesties consent to the Bill for trienni­all Parliaments, and the people would think themselves very happy, if they had no more cause to complain of the continuance of this, then of the former intermission, they having during those twelve years injoyed as great a mea­sure of prosperity and plenty, as any people in any age have known, and an equall proportion of misery since the beginning of this: For the breach of Priviledge, and impri­sonment of Members, the Lawes were open for all men to appeale and have recourse to, and that single person that died under restraint, suffered that restraint by a Judgment of the Kings Bench, so that if there were any injustice in the Case, it cannot be charged upon His Majesty.

[Page 27]8. The Scene is now removed into Scotland, and thePag. 19. new Liturgy and Canons with what succeeded thereupon makes up the next Charge, aggravated with the Cancel­ling and burning the Articles of Pacification which had been there made upon the mediation of the Lords.

If the King had not been so tender of the Act of Oblivi­on in the Treaty of Pacification between the two King­domes, that he would not suffer any provocation to in­cline Him to ravell into that businesse, he might easily have freed Himself from all those calumnies and aspersi­ons; And it will be but justice and gratitude in that Na­tion, highly to resent, that whilst all guilty men shelter themselves under that Act of Oblivion, His Majesty (who is the only innocent and injured Person) should have His mouth stopped by it (which is His own expression and complaint in His Answer to the Declaration at Newmar­ket)Ex. Col. p. 106. from any Reply to the reproaches cast on Him in that matter; otherwise He might easily have made it appear that that Liturgy and those Canons were regularly made and framed, and sent thither by the advice, or with the approbation of the Lords of the Councell of that King­dome; and if the putting them in practice and execution was pursued with more passion & impatience there, then in prudence & policy was agreeable, the error was wholly to be imputed to those Ministers of that Kingdome, who were most proper to be trusted in it; however, that so ge­nerall a defection, and insurrection was not in any degree, justifiable or warrantable by the Laws of that Kingdom, is most certain, they having no visible Forme either of Parliament or King to countenance them, as the ArmyDecl. and Pa­pers of the Ar­my, p. 39. hath lately observed; And that the Pacification first made by His Majesties mercy, and Christian desire to prevent the effusion of the bloud of His Subjects, how ill [Page 28] soever, was broken by them, and thereupon declined by the full advice of the Lords of His Councell, by whose unanimous advice the Articles were publickly burned, as may appear by the Record in the Councell Book of that transaction.

9. In the next is remembred, the calling and dissolving Pag. 20. the short Parliament, and the Kings proceeding after the dissolution.

That the calling that Parliament was an Act of the Kings great wisdome and goodnesse, was then justly and generally acknowledged, and that it was in His owne power to dissolve it when He thought fit, is as little doubted, but that He did unhappily for Himself, by false Information in matter of fact, and evill advice dissolve that Parliament, is believed by all men, and upon the matter confessed by Himself, and that that information and advice was most pernicious, and the rise of all the miseries we have since undergone, is not denied; and 'tis therefore the more wondred at, that the charge of that guilt being part of the impeachment against two great persons, whose bloud they have since drunk, that parti­cular was declined in the prosecution of them both; and that though it be enough known by whose false informa­tion and instigation that unfortunate counsell was fol­lowed, extraordinary care hath been taken, that he should not be questioned for it, which, together with the exces­sive joy that the principall Actors in these late mischiefs expressed at that sad time, gives men reason to conclude, that it was contrived by those who have reaped the fruit and advantage of the error: What the King took from His Subjects by power, which He could not otherwise obtain, after that dissolution is not particularly set forth, and therefore it is very probable there was no ground for [Page 29] the calumny, nor indeed was any man a loser by any such Act of His Majesty.

10. Thus far the catalogue reaches of the Kings enor­mousPage 20. crimes during the first sixteen years of His Reigne to the beginning of this Parliament, in which they confesse they proceeded with ease, as long as there was any hope, that they would comply with His Majesty against the Scots, and give assistance to that war; but when He found that hope vaine, and that they began to question the Authours of those pernicious Counsells, His Majesty discovered Himself so strongly and passionately affected to malignant Counsellours, and their Councells, that He would sooner desert and force the Parliament and Kingdome, then alter His course, and deliver up His wicked Counsellours to Law and Justice.

There are not so many years expired since the beginning of this Parliament, (though it hath been a tedious age of misery and confusion) but that all mens memories will recollect and represent to them the folly and the falshood of this Charge: It is not imaginable that the King could expect after the beginning of this Parliament, that it would comply with Him and give Him assistance in a War against the Scots, when He plainly discover'd, that they who were like to be, and afterwards proved, the chief Leaders, and Directors in that Councell, were of the same party; and how far He was from sheltring any Counsellour or Servant from justice, or any colourable proceeding of the Law, is as well known: neither did He deny His royall assent to any one Bill, till after He was by force & Tumults driven from White Hall, and after he had indeed consented to whatsoever could be honestly asked of Him for the security and benefit of the Kingdome.

11. The Queen is too near His Majesty not to bear aPag. 21. [Page 30] part and a share with Him in these calumnies, and there­fore Her designe to advance Popery is remembred, and Her observing a Popish Fast, with Secretary Windebanks go­ing beyond Sea by His Majesties Passe, after He was que­stioned by the House of Commons.

What that designe of Her Majesty was for the advance­ment of Popery, is not particularly mentioned, and there­fore no Answer can be given to it, and having expressed so much undutifulnes & malice to Her Majesty, through­out the whole course of their Rebellion, it is not probable they have concealed any thing they could lay to Her charge; For the Fast observed by Her, it is well known that the time of it, was when the King was in the Field, and his Person liable to much danger, which piety and devotion was very agreeable to Her goodnesse and exem­plar affection towards her Husband; And the Kingdome would think it self abundantly blessed, if the Fasts since observed by these men had produced no worse effects, then that did, w^ch was observed by her M^ty, For S. Windebanke, the House of Cōmons had it in their power to have procee­ded against him, & to have prevented his escape, he being in the House, and according to order withdrawn into the Committee Chamber, after the report was made, and af­ter as much appeared against him, as was ever objected or discovered afterwards; but the House, contrary to custome rose without proceeding upon it, and therefore His Majesty might very well give him leave to dispose of himself: And the truth is, they by whom the House was then guided, were best pleased with his absence, and pur­posely declined the proceeding against him, when he was in their hands, thinking it easier to procure his place for one of their principall Members to whom they had de­signed it, upon the advantage of his flight, then if he had [Page 31] staid to abide his Triall, which for many reasons they would not have thought fit to hasten, or to proceed in.

12. The Allegations of Commissions given to PopishPag. 21. Agents for private leavies (except they intend the Col­lections made amongst the Papists of money for the Kings expedition into the North, which was likewise a­mongst, and no lesse liberally complied with by the Lords of the Privy Counsell, and the other Protestants of the best quality throughout the Kingdom) or that the Papists began to rise and arme themselves in the North­west of England and Wales, the raising Soldiers under pretence for Portugal, and the seizing of the Tower, are so stale, vaine, and ridiculous, that (though upon the first contrivance of them, the fame served the turn of the Contrivers, mens observation and knowledge having since informed them, that there was nothing like either of them) there needs no further Answer to them.

13. The next Article is, the great Caball for bringing Pag. 22. up the Northerne Army to over-awe the Parliament, the chief part of which they can prove (they say) to come from Himself to the maine Actors, though the King did so often and solemnly dis-avow it, as nothing but loose dis­courses of a modest Petition, which also vanished two or three Months (he saith) before they knew of it.

They doe well to except against the Kings positive de­nying it, when they have onely their owne confident and positive affirming it for proof; but they had need sup­presse and burn all His Majesties Declarations and An­swers, in which He hath abundantly satisfied the world in this particular, as well as they restrain His Person, and as they have concealed all those Depositions taken by themselves in this Argument, which would manifest clearly, that there was no such designe by His Majesty, so [Page 32] they need recall all those they have already published, if they desire to have that designe believed.Ex. Col. p. 107.

The King in His Answer to the Declaration, presented to Him at Newmarket, uses these words, We cannot with­out great indignation, suffer Our self to be reproached, to have intended the least force or threatning to Our Parlia­ment, as the being privy to the bringing up the Army, would imply, whereas We call God to witnes We never had any such thought, or knew of any such resolution concerning Our late Army; And afterwards His Majesty in His Declaration of the 12 of August (a Declaration that never was offered to be Answered) at large set forth all He ever knew of that businesse, or which upon exact inquiry He could imagine to be in it, by which it plainly appears, that some Officers of the Army, (of very good and confessed repu­tation for their affection to their Country) observing the strange Petitions every day presented to the House of Commons against the established Laws and Government of the Kingdome, and the unlawfull manner in the deli­vering those Petitions, by thousands of disorderly per­sons in Tumults, supposed, that a Petition of a most mo­destEx. Col. p. 524. and dutifull nature from the whole Army, for the composing and setling all grievances in the Church and State by Law, might for the reason of it prevaile with the whole House, and coming from such a body, might con­firm those, who might be shaken with any fears of power or force by the Tumults; and His Majesty being made acquainted with this proposition, gave his full approba­tion to it, which He had great reason to do, since as there was notable industry used to corrupt His Army, and to make it applicable to the ill purposes then resolved on; so pains was taken to perswade the people, that it was in truth very indevoted to the King, and ready to serve the [Page 33] Parliament any way it should direct; And (as His Ma­jesty saies) if in the managery of this debate, any rash discourses hapned of bringing up the Army, it is evident whether they were proposed in earnest or no, that they were never entertained, and the whole matter was laid aside, above two Months before any discovery, so that that danger was never prevented by the power or wis­dome of Parliament.

It appears by the evidence and Depositions published by themselves, by the Order of the 19 of May, 1642. to­gether with that Declaration, that this dangerous Plot be­gan Ex. Col. p. 218. without the least privity of the Kings, upon some Of­ficers taking offence & dis-like, that of fifty thousand pounds Ordred for payment of the Kings Army, ten thousand pounds was taken by an after Order out of that summe to satisfie a new motion and importunity from the Scots: and that those Officers upon that distast discoursed, that they were dis­obliged by the Parliament, and not by the King, and thereupon concluded to tender their Services to His Ma^ty in all things honourable and agreeable to the fundamentall Laws of the Kingdome; That in debates afterwards to­gether, mention was made of bringing up the Army to London, and making sure the Tower; and as soon rejected, as proposed; and onely proposed (as their evidence saies)Pag. 217. to shew the vanity and danger of other Propositions: And that when the King was made acquainted with it, He said, those waies were vain and foolish, and that they should Pag. 219. think of them no more.

That the Petition it self, which His Majesty approved, was not above the size of Petitions, and very much mo­dester then any one Petition received by the Authors of this Declaration with approbation, appears by the Peti­tion it self to be read in the 563 pag. of the 1 vol. of the [Page 34] Collect. of Ord. published by themselves, which being di­rected to the two Houses, as well as to the King, took notice of the seditious Tumults, which they said, had be­set the Parliament and White-Hall it self, not onely to the prejudice of that freedome, which is necessary to great Coun­cells and Judicatories, but possibly to some personall danger of His sacred Majesty and Peers, and therefore desired that the Ring-leaders of those Tumults might be punished, and that His Majesty and the Parliament might be secu­red from such insolencies hereafter; for the suppressing of which they offered themselves to wait on them, if they pleased, which hath not been since thought so unnaturall a security, an Army being since called up and kept about them, upon the same pretences, to the same purpose, of which more must be said anon: And for the strangeness suggested, that three Gentlemen should flee beyond Sea upon discovery of a modest Petition, it is no wonder, when men were every day imprisoned, ruined, and de­stroyed upon the most triviall discoveries, and unreason­able conjectures and apprehensions, that men desired to avoid their Judgment, (who had it in their power to put what interpretation they pleased upon any discovery, and to inflict what punishment they thought fit upon such in­terpretation) or that the King contributed His allowance to remove His Servants from such a Tribunall.

It is a wonderfull presumption these men have upon the credulity of the people, that they will not examine the truth of any thing they alleage, how easie soever it is to disprove them; otherwise they would not affirme that at the meeting of Officers at Burrough-Bridge, Proposi­tions were made, and private instructions brought from the King, whereas it appears, by their own evidence, that Capt. Chudleigh, who is supposed to have brought those [Page 35] Propositions thither (and what they were, appears not) did not receive those Propositions from the King; andEx. Col. p. 223. that when he kissed the Kings hand, His Majesty spake not a word to him of those Propositions, which without doubt He would have done, if He had been privy to, or expe­cted any thing from His agitation, it being not alleaged that there was any other Officer of the Army at that time so immediatly imployed or trusted in that Agitation: And as there hath not been the least colourable evidence in any of the Depositions then or since published, which can reflect upon the King; And as there is much in Ma­ster Goring's second Examination, and other Depositi­ons, suppressed by them, which if produced, would ma­nifest that there was never any such designe, as is sugge­sted; and that to the very Communication concerning it, the King was not any way privy, and dis-liked it when he heard of it. So it was observed then, and not a little won­dred at, that Capt. Chudleigh, who was the principallEx. Col. p. 220. person imployed, and who confesses in his Examination of the 10 of May, that he used all his power to incense the Army against the Parliament; and to kindle a zeale in them towards the King, was so far from being in dis­favour with them, that he was immediately imployed by them into Ireland, and afterwards re-called thence, and trusted in the second, if not the first Command in the West against the King, which they would not have done, if he had been in that manner first engaged by His Ma­jesty.

For the discourse of the Prince his meeting the Army, with the Earle of Newcastle and a body of Horse, it isEx. Col. p. 222. proved to be by a private Major in the Army, who had not only any relation to the King, but at that time had never spoken word with His Majesty in his life, and had no more [Page 36] ground, then the other of the designe, for some French to seize on Portsmouth, which is so ridiculous, that it needs no other Answer then repeating it.

14. The Offers made to the Scots of the plunder ofPag. 23. London, if they would advance, or of four Northerne Counties, with three hundred thousand pounds or Iewels of great value, but to stand Newters in that designe, is another impossible branch of this Charge, for which there appears not the least pretence of proof in any thing published by them, (and they have not been tender of publishing all they know, or imagined) but that Ma­ster Oneale asked Sir Jacob Ashly, what if the Scots could be made Newtrall? It is not imaginable that the King knew not the temper of that time, (which he so grievous­ly felt) well enough, to conclude that the Parliament and the Scots were too fast combined, to be sever'd for any interest of his; and the offer of four Northern Coun­ties, (a thing so confessedly out of the King's power to give) is so senslesse a calumny, that no man, out of the highest fit of madnesse can believe it, and they to whom this Offer is supposed to be made, would in all this time have accused the King of it, if they had been able to ju­stifie any thing like it.

However it is to be observed, that though these men hold these imaginable overtures and designes to be very hainous crimes in the King, they reckon the reducing such designes into reall and compleat execution, no Of­fences in themselves; and that though the King may not wish His Subjects of Scotland to stand newters in the dif­ferences between His Majesty and His English people, yet it is no fault in them to engage that Nation to assist them in Armes against the Soveraigne of both King­domes; and though a cursory discourse by other men of [Page 37] bringing up the Army to awe the Parliament, be allea­ged as a breach of trust against the King never to be for­gotten, yet the actuall bringing up an Army upon them, and thereby awing it so far, as the driving away many Members, and making those who remained do any thing that Army directs, is no offence in them, either against the freedome or priviledge of Parliament.

To that clause His Majesty not being perswaded by their Petitions to defer His journey into Scotland, in the year 1641. there needs no Answer, then the remembring His Majesties owne words in His Declaration of the 12. of August, which are these: We gave them warning that if Ex. Col. p. 525. there were any more good Bills, which they desired might passe for the benefit of Our Subjects, We wished they might be made ready against such a time, when We resolved, accor­ding to Our promise to Our Scotch Subjects (with which they were well acquainted) to repair into Our Kingdome of Scot­land, to settle the unhappy differences there; Upon this We were earnestly desired by both Our Houses of Parliament to defer Our journey thither, as well upon pretence of the dan­ger, if both Armies were not first Disbanded, as that they had many good Lawes in readinesse for the setling of diffe­rences here, We were by their intreaty perswaded to defer Our journey to a day agreed on by themselves, &c. Which relation at large of what followed, may satisfie all men of His Majesties extraordinary complyance; and when He went, He left such a Commission behind him, as was agreeable to Law, and sufficient to prevent any inconve­niences which might arise in His absence; whereas, That desired by them (being to consent to all Acts they should passe before He returned) was so monstrous, illegall, and unheard-of, that they were themselves ashamed to presse it farther, and rested satisfied, with that which His Ma­jesty [Page 38] granted; nor does it appeare that there was in a­ny time before, any issued out by the means of Secreta­ry Windebanke of a larger extent; or that was not agree­able to Law, and the policy of that time.

15. Now succeeds the high Charge of the businessePa. 24. of Ireland, as if they hoped to perswade the people, that the King is accessary to a Treason and Rebellion against Himself; and that in a time when there were so great distractions in two of His Kingdoms▪ He should Him­self put the third into a flame, that so He might have none to help Him, to quench the fire that was kindled in the other; the particulars out of which this grand Charge is compounded shall be severally examined.

They who have used no kind of conscience or civility in the publishing all Letters of His Majesties, (by what ill means soever the same have come into their hands) which they imagined might by the simplicity and weak­nesse of the people, or the most malitious glosses and in­terpretations they could put upon them, beget any pre­judice to His Majesty, cannot be imagined now to con­ceale any thing that would contribute to their purpose, and therefore their not publishing those Letters, which they say the King sent into Ireland by the Lord Dillon, immediately before the Rebellion, is argument sufficient, that either there were no such Letters, or nothing in them, which can in any sense reflect upon His Majesty; nor can it find credit with any (not malitiously and stu­pidly sottish) that after so many reiterated infusions into the people by their severall Declarations that the Rebels of Ireland avowed, that they had a Commissiion under the great Seale of England for what they did; It is now inverted into a Commission under the great Seale of Scot­land, Sealed at Edenburgh when the King was last there; [Page 39] when it is knowne He could no more have affixed that Seale (in whose hands soever it was) to any such Instru­ment, (if He had had the will, which no Christian be­lieves He had) then He can now dispose of that at London, of which Commission, the world should long since have been informed by the Scots, if they could have found a probable ground for the Suggestion: And surely these men would have published the Depositions of those, who (they say) have seen it, if they had believed them such, as would find credit amongst men.

What was promised to the Irish Committee at London, is like to be much better known to the Authours of this Declaration, then to His Majesty, the greater part where­of being Papists, and since Active Rebels, having during their stay in London, so great an interest in the powerfull and active Members there, that they were able to prevaile with them to interpose in the affairs of that Kingdome in such manner as they desired; and very probably then laid the foundation, and designe of their future Rebelli­on, upon the principles they then saw introduced and countenanced here: By the earnest advice, and importu­nate interposition of some of those principall Members, they prevailed, that after the death of the Lord Depu­ty Wansford, no such person might be appointed tem­porarily to succeed, as was like by his power and vigi­lance to prevent the wickednesse they intended; and if the King gave away, or promised them more then five Counties, it was not upon their private mediation, but their publique addresse according to their instructions from the Parliament, after the House of Commons had made the recovery of, and intit'ling His Majesty to those Counties, a particular Article of their Impeachment a­gainst the Earle of Strafford, and so blemished His Maje­sties [Page 40] just and legall interest, and what His Majesty did thereupon, was by the full and deliberate advice of His Councell Board, according to usuall forms observed in the affairs of that Kingdome: It is very probable that His Majesty might think Himself at that time oppressed by the two Houses of Parliament, as He had great cause, but that He should expresse so much, and wish that He could be revenged on them, to, or before that Commit­tee, whom at that time He had reason to believe to be combined with the other, is more then very unlikely.

The not Disbanding the Irish Army is next remem­bred, and indeed ought not to be forgotten; the not sea­sonably disposing that body, giving (no doubt) a great rise, and contributing much to the Rebellion, that short­ly after brake out; but where the fault of that was, is as evident.

That Army was justly and prudently raised, when the intention in Scotland was clearly known to invade Eng­land, and with a purpose to restraine or divert that expe­dition, and if need were, to reduce that Kingdome to their Allegiance, which was the sense, and could be no other of those words charged upon the Earl of Strafford, if any such words were spoken: And after the Scots Ar­my was entred England, it was no wonder if the King were not forward to Disband that Army, till He could discerne that the other did in truth intend to return, and He no sooner was confident of the one, then He resolved the other; but then He wisely considered that the Dis­banding such a body at that time, when so much licence was transplanted out of this, into that Kingdome, was not so like to contribute to the peace of it, as the trans­porting them; and therefore His Majesty agreed with the Spanish Ambassadour, that he should have leave to trans­port [Page 41] three or four thousand of them for his Masters ser­vice, which was no sooner known, but the Irish Committee then at London (who, it may be, had otherwise design'd the service of those men) prevailed with the House of Com­mons to interpose, and hinder the execution of that A­greement, who (principally, upon consideration of the umbrage the Crowne of France might take at such an assistance given to Spaine) pressed the King to revoke that grant, and to consent to the Disbanding; That ob­jection was easily answered by His Majesty, having a­greed likewise with the French Ambassadour, that the like number should be likewise transported for France, where­by the whole Army, would have been disposed of; a­gainst which the Irish Committee more pressed then a­gainst the other, alleaging that there were not men in that Kingdome to spare: whereupon, the House of Com­mons (by their private Agents) prevailed with the French Ambassadour (who more desired to hinder the supply for Spaine, then to procure the like for his Master, and it may be, to see the King controlled by the Parliament then either of the other) to release the King of His promise to him, so that they would prevent the Spaniard's having any men; And thereupon they re-inforced their impor­tunity to the King for the present Disbanding, and not sending any of that Army out of Ireland in such a man­ner, as His Majesty was forced to yeild to it; and thereby (no question) much was contributed to the opportunity and disposition of rebelling; and to whose account that advantage is to be put, all the world may judge: yet it may be fit to observe, that of that Irish Army (which these men would have believed to be no lesse then a Stra­tagem against the Protestant Religion) not one Officer above the quality of Captaine, and not above two of [Page 42] that condition, have served in that Rebellion in Ireland a­gainst the King.

In all Rebellions the chief Authors and Contrivers of it have made all fair pretences, and entred into such spe­cious Oaths, as were most like to seduce and corrupt the people to joyne with them, and to put the fairest glosse upon their foulest combination and conspiracy, and therefore it is no wonder, if the Rebels in Ireland framed an Oath by which they would be thought to oblige them­selves to bear true Faith and Allegiance to King Charles, and by all meanes to maintain His Royall Prerogative, at a time when they intended nothing lesse; And Owen Ex. Col. p. 237. Connelly (who was the first happy discoverer of that Re­bellion) in the same Deposition, in which he saies the Re­bels would pay the King all His Rights, saies likewise, that they said, they took that course to imitate Scotland, who got a priviledge by it: and Marke Paget in the same Exa­mination, in which he saies, that the Rebels report that they have the Kings Warrant and great Seale for what they doe; saies likewise, that they threaten, that as soon as they have rooted out the Brittish and English there, to invade England, and to assist the Papists in England: and there­fore it is a wonderfull thing, that what they sweare, or what they say, should be imputed to Him, against whom they have rebelled and forsworn themselves. The Au­thours of this Declaration have (besides their Oaths of Allegiance and Supremacy) in the Protestation of the 5. of May, sworn, that they would maintaine and defend the Kings royall Person, honour, and estate; and shortly after would perswade the people, that they were by that very Protestation obliged to take up Armes against Him; in their Declaration of the 19. of May, they used these words,Ex. Col. p. 195. The providing for the publique peace and prosperity of His [Page 43] Majesty and all His Realmes, we protest in the presence of the all-seeing Deity, to have been, and still to be the only end of all our Counsells, and endeavours, wherein we have resol­ved to continue freed and enlarged from all private aymes, personall respects, or passions whatsoever: and the very next day Voted, that He intended to make War against His Pag. 259. Parliament, and that whosoever should serve or assist Him were Traytors by the fundamentall Laws of the Kingdome, and (upon that conclusion of His intention) actually lea­vied an Army, and marched against him.

In their Petition of the 2. of June, they tell him, that Ex. Col. p. 307. they have nothing in their thoughts, and desires, more preti­ous and of higher esteem (next to the honour and immediate service of God) then the just and faithfull performance of their duty to His Majesty, and together with that Petition, present the 19. Propositions to Him, by which they leave Him not so much power in His Kingdome, as the meanest Member of either House reserves to himself.

Lastly, (to omit infinite other instances) in their In­structions of the 18. of August to the Deputy Lieutenants Ex. Col. p. 572. of Cheshire, they required them to declare unto all men, that it had been, and still should be, the care and endeavour of both Houses of Parliament to provide for His Majesty, That they doe not, nor ever did know of any evill intended to His Majesties Person, when the only businesse and end of those directions and instructions were to raise that whole County against Him; So that this clause of the Rebels Oath in Ireland, is no more to be objected against the King, then those other clauses in their own Oaths and Declarations, which they have not yet charged His Ma­jesty withall.

Concerning the Proclamation against the Rebels in Ire­land, which they say, they could not obtaine in divers [Page 44] Months, and then that but 40 Copies were printed, and ex­presse Order given that none should be published till further directions: hear His Maj. own full Answer to that Charge in His Answer to the Declaration of the 19. of May, in these words, 'Tis well known that we were, when that Re­bellion Ex. Col. p. 247. brake forth, in Scotland, That We immediatly from thence recommended the care of that businesse to both Houses of Parliament here, after We had provided for all fitting supplies from Our Kingdome of Scotland, that after Our re­turne hither, We observed all those formes for that service, which We were advised to by Our Councell of Ireland, or both Houses of Parliament here; and if no Proclamation issued out sooner, it was because the Lords Justices of that Kingdome desired them no sooner; and when they did, the number they desired was but Twenty, which they advised might be Signed by us, which we for expedition of the ser­vice commanded to be printed (a circumstance not required by them) and thereupon signed more then they desired: So that it is an impudent Assertion, that they could not ob­tain a Proclamation in divers Months, when they never so much as desired or moved it; and it was no sooner moved to the King, but He gave Order in it the same Houre.

But it will not be amisse, (since this particular hath bin with so much confidence, and so often unreasonably ob­jected against His Majesty) to speak somewhat of the custome and order usually observed in sending Procla­mations into that Kingdome, and of the reason why so many, and no more were at that time sent: except upon any extraordinary reasons, the King never signes more then the first draught of the Proclamation, fairly ingros­sed in parchment, which being sent to the Lord Deputy, or Lords Justices in Ireland, is there printed, and the prin­ted [Page 45] Copies dispersed, as they are in England; His Maje­sties signe Manuall being not to any of those Copies: The Lords Justices and Councell, taking notice of the rumour industriously spread amongst the Rebels that they had the Kings authority for what they did, which might get credit amongst some; desired, that they might have twenty Pro­clamations sent over signed by the King's signe Manuall, to the end, that besides the printed Copies, which they would disperse according to custome, they might be able to send an Originall with the King's hand to it, to those considerable persons, whom they might suspect to be misled by that false rumour, who when they saw the King's very hand, would be without excuse if they persisted: This Letter and desire from the Lords Justices and Councell, was communica­ted at the Councel Board, and the resolution there taken, that they should have double the number they desired, signed by the King; and because the ingrossing so many Copies would take up more time, directions were given for the printing forty Copies, all which were signed by His Majesty, and with all possible speed dispatched into Ireland; and the caution that there should be no more printed, then were sent away thither, was very necessary, left the Re­bels, by having notice of it, should find some device, to evade the end, for which they were sent, and be prepa­red to defend their old, or raise some new scandall upon His Majesty; besides that there was no imaginable rea­son, why any more should at that time be printed in Lon­don.

What was written from Court to the Lord Muskery, that His Majesty was well pleased with what He did, can­not reflect upon His Majesty, nor had the person who is supposed to have written such a Letter (whom they have in former Declarations declared to be the Lord Dillon▪ [Page 46] & who expresly denied the ever writing any such Letter) any place or relation at Court, and the King had good reason long after to write to the Marquesse of Ormond to give particular thanks to Muskery and Punket, They ha­ving bin both at Oxford, imployed by the Irish to His Ma­jesty during the Cessation, and having made there such professions of their endeavours to reduce the other to reason, as might merit His Majesties thank and acknow­ledgment, which His Majesty hath been as forward to give to such of the Rebels here, as have expressed any moderation or inclination to return to their obedience, and yet He was never well pleased with what they have done, nor can give them thanks for it.

For the delaying and detaining the Earle of Leicester, beyond all pretence from going against the Rebels, it is wel known how often his Majesty pressed the Houses, that he might be dispatched and sent away, and that it was one of the reasons, which His Majesty gave in His An­swer to the Petition of both Houses of the 28. of April, Ex. Col. p. 144. of His resolution to go in Person into Ireland, because the Lord Lieutenant on whom He relied principally for the Con­duct and managing of affairs there, was still in this King­dome notwithstanding His earnestnesse expressed, that He should repair to his Command; after which, it was neer three Months before any preparation was made for his journey, and then about the end of July or beginning of August his Lordship came to the King at Yorke, to re­ceive his instructions, pretending to have his dispatch so fully from the two Houses, that he would return no more thither, but as soon as he could have His Majesties Com­mand, he would immediately to Chester, and imbarke; This being about the time that the King was preparing Forces for His defence against the Earle of Essex; the [Page 47] Earle was detained about a Month before he could re­ceive his instructions, and all those dispatches that were necessary, and then he took his leave of His Majesty, with profession of going directly to Chester, but either by command or inclination, that purpose was quickly al­tered, and his Lordship returned to London, where he was detained full two Months longer, and then was Com­manded expresly by the Houses to repair to Chester, and not to wait on the King in his way, though His Majesty being then at Oxford, he could not avoid performing that duty, but by avoiding the ordinary road; when the King heard of his being at Chester, where he expected the Ships that were to transport him above three Weeks, and that there was no other force in readiness to be sent with him, but his own retinue, those Regiments of Foot and Troups of Horse which had been raised for that Service having been imployed against His Majesty at Edge-hill, and be­ing still kept as a part of the Earle of Essex his Army, and that there were none of those provisions or mony to be now sent over, which had been importunately desired by the Councell of that Kingdome, His Majesty considered that the Rebels, having been kept in some awe, with the apprehension of the Lord Lieutenant's comming over with all such supplies as were necessary to carry on the War, (the assurance whereof had likewise kept up the spirits of the Protestants there) if he should now arrive there in so private a manner, without any addition of a strength, or provision for the supply of that strength that was there, it would bring at the same time the greatest affliction, and dis-heartning to his Protestant Subjects that could be imagined, and an equall incouragement to the Rebels, and therefore His Majesty sent for him to Oxford, till he might receive better satisfaction from the [Page 48] Houses concerning their preparations for that Kingdom: So that by whom the Earle of Leicester was delaied and detained, the world may judge.

The Kings refusall of a Commission for the Lord Brooke and Lord Wharton, hath been long since Answered by His Majesty, the truth of which Answer was never yet de­nied, or replied to; That the Forces to be under their Com­mand, were raised before His Majesties Commission was so much as desired; And then the Commission that was desi­red, should have been independent upon His Majesties Lieu­tenant of that Kingdome, and therefore His Majesty had great reason not to consent to it: And how reasonably those persons were to be trusted with such a Command, may be judged, by their bringing those very Forces which were raised for the relief of the poor Protestants of Ireland, against the Rebels there, to fight against the King at Edge-hill within a very short time after those Commissions were desired.

They say they have long since named divers Papists and persons of quality, that by the Kings speciall War­rants after the Ports were shut by both Houses of Parlia­ment passed hence, and headed the Rebels, when they wanted Commanders; Examine the truth of this, which all men who will take the pains may be judges of.

His Majesty taking notice of the effect of this Charge, to be spoken by Master Pim at a Conference with the Lords about the beginning of February, 1641. (the SpeechEx. Col. p. 69. being printed) by His Message of the 7. of that Month to the House of Commons, required to know whether such a thing had been said, and if so, upon what ground, His Majesty being sure He had used all caution in the granting of Passe-ports into Ireland.

The Commons answered, that the Speech delivered byPag. 70.[Page 49] Mr. Pim, was agreeable to the sense of the House, and that they had received divers advertisements concerning seve­rall persons who had obtained His Majesties immediate War­rant for the passing into Ireland, since the Order of restraint of both Houses; some of which, as they had been informed, since their comming into Ireland, had joyned with the Re­bels, and been Commanders amongst them, and some o­thers had been staid, and were yet in safe custody, the Names of whom they set downe, being all in custody, and said the particular Names of others they had not yet received, but doubted not, but upon examination they might be discove­red: But they said they believed it was by the procurement of some evill Instruments too near His royall Person, with­out His Majesties knowledge, and intentions.

The King hereupon replied, That the persons named to Pag. 71. be under restraint, made not good the assertion in that speech; besides that, their Passes were granted by His Majesty at His being in Scotland, long before the restraint, and being per­sons of whose good affections there was then no suspition; and that he was most assured that no such person as was com­prehended under that Charge had passed by His Warrant or privity: and then He desired His House of Commons to consider whether such a generall information and adver­tisement (in which there was not so much as the Name of any particular person mentioned) be ground enough for such a direct and positive affirmation, as was made in that Speech, which in respect of the place and person, and being acknowledged to be agreeable to the sense of the House, was of that authority, that His Majesty might suf­fer in the affections of many of His good Subjects, and fall under a possible construction (considering many scandalous Pamphlets to such a purpose) of not being sensible enough of that Rebellion, so horrid and odious [Page 50] to all Christians, by which in this distraction, such a dan­ger might possibly insue to His Majesties Person and E­state, as He was well assured his House of Commons would use their utmost endevours to prevent; and there­fore His Majesty said, He expected that they should name those persons, who by his Licence had passed into Ireland, and were there in the head of the Rebels; or that if upon their examination they did not find particular evidence to prove that aspersion (as His Majesty was confident they never could) as that affirmation which did reflect upon His Majesty was very publick; so they would publish such a Declaration whereby that mistake might be discove­red, His Majesty being most tender in that particular, which had reference to Ireland, as being most assured, that he had been and was from his Soule resolved to dis­charge his duty (which God would require at his hands) for the relief of his poore Protestant Subjects there, and the utter rooting out that Rebellion.

It was above a Month before the King could receive a­ny other Answer from them, and then they said, that Ex. Col. p. 117. they had affirmed nothing, but what they had cause to be­lieve was true, and presented some of their grounds to His Majesty; one of which was, that those Licences gran­ted to the persons under restraint were apt to produce such an effect as was mentioned in that positive affirmation; and another ground was, that His Majesty could not be assured, that no other did passe upon his Licence, and they had cause to believe, that some did, because they received such generall Information: which reasons (with some other of the same kind) they said, they hoped would be sufficient to per­swade His Majesty to believe, that as they had some cause to give credit to the said Informations, so they had no in­tention to make any ill use of them to His Majesties dis­honour, [Page 51] but did impute the blame to his Ministers.

The King replied again to that Message, That there Pa. 18. was nothing yet declared, that would be a ground for what Mr. Pim had so boldly affirmed, for yet there was not any particular person named, that was so much as in rebellion, much lesse in the head of the Rebels to whom His Majesty had given Licence, and therefore. He expected, that the House of Commons should publish such a Declaration, whereby that mistake might be cleared.

Since that time to the houre of the publishing this De­claration, they have never made the least addresse, or given the least information or satisfaction to His Majesty in that particular, which they then said they had no inten­tion to make use of to his dis-honour; so that this last pre­sumption could proceed only from a confidence that the people would believe what they said, not examine the truth of it.

What they mean by the Commanders and Officers, whom the King (they say) called off from their trust against the Rebels; and Ships from their guards at Sea, that so the Re­bels might be supplied with forain aides, is not under­stood, except by the Ships they meane those under the command of Captain Kittleby, and Captaine Stradling, who then attended the Irish Coast, when all his Majesties Fleet was seized by the two Houses, and imployed a­gainst Him, and whom His Majesty upon that occasion, and confidence of the Loyalty of the Commanders, re­quired to attend Him with their Ships about Newcastle, or the North of England, that He might have two of his owne Ships at his disposall, and at the same time (that any inconvenience might be prevented by the comming of supply to the Rebels) His Majesty gave notice to the two Houses of his command in that particular, and re­quired [Page 52] them to take care for the guarding of that Coast, which they altogether neglected; notwithstanding that they found meanes likewise to seize those two Ships, which His Majesty hoped He should have been posses­sed of.

Nor is it better understood what they mean by supplies from the Earle of Antrim and Lord Aboyne, or of Armes and Ammunition from the King's Magazines, or from the Queen, which no sober man believes, or of which no evi­dence or instance hath so much as been offered: Some few Suits of clothes in the beginning of the War were taken by the Kings Souldiers about Coventry, when that City was in open Rebellion, which they pretended were prepared for Ireland, and which His Majesty did what could be done to cause to be restored, but it was not pos­sible, and was apparently their fault, that would not send for a safe conduct, when they were to passe through His Majesties Quarters.

And how far the King was from consenting to, or ap­proving that Action, appears by His Majesties expresse Command (which was executed accordingly) for the transporting into Ireland of three thousand Suites ofEx. Col. p. 680. cloths, which He found provided for that Service at Che­ster, after his Majesty was possessed of that City, and which had been neglected to be sent, and which no neces­sity of His own Army could prevaile with Him to seize, or divert from that necessary use for which they were provided.

His Maty never denied any Pieces of Battery desired by the Councell of Ireland, nor is there the least colour to affirm the same; what directions the Rebels give in their Let­ters of Mart, or whether they gave any such directions as are alleaged, is no way materiall as to His Majesty; and [Page 53] for Officers and Commanders, who left their trust a­gainst the Rebels, it is sufficiently known, that the Earle of Leven, who by His Majesties consent was sent Gene­rall of the Scots into Ireland against the Rebels, was cal­led from thence to lead an Army into England against His Majesty; and when the King's Commissioners at the Treaty at Uxbridge alleaged and complained, that many Officers both Scots and English had in the beginning of that War left that Service, and been entertained by the two Houses against the King, all the Answer they could receive was, That they were not sent for.

This being the case (as without any possibility of con­tradiction it is) these Gentlemen had no more reason to believe the Rebels, when they did so often swear they did nothing without good authority and Commission from the King, then the Rebels had to believe them, when they swore on the 22. of October, 1642. That no private passion Ex. Col. p. 663. or respect, no evill intention to His Majesties person, nor de­signe to the prejudice of His just honour and authority, enga­ged them to raise Forces, and the next day gave His Maje­sty battle at Edge-hill: Nor is it more materiall, that Sir Phelim Oneale would not be perswaded, that Gene­rall Laesly had any authority from the King against the Rebels, then that these Gentlemen should be perswaded in the same houre to believe that an Army should be rai­sed for the safety of the King's person, and to sweare that they would live and die with the Earl of Essex, whomEx. Col. p. 457. they nominated Generall to lead that Army against the King.

What information was given divers Months before to the Archbishop, and others of the Kings Councel, of a de­signe amongst the Papists for a generall Massacre of all the Protestants in Ireland and England, &c. is no objection [Page 54] against the King, and as the Archbishop was imprisoned divers Months before that Rebellion brake out, so it is not like, if they had been able to have charged Him with any concealment, that they would have forborn accu­sing him with it at his Triall, when they so much wanted evidence against him, that they were faine to make his Chaplains not licencing such Books against Popery, as they thought did discredit the Protestant cause, an Ar­gument of his Treason; and they would likewise now have named the others of the King's Counsell, if they could have alleaged any matter, that could have reflected upon them or their Master.

Next follows a huddle of the Kings Letters to the Pope, when he was in Spaine, and of others since on the behalfe of the Duke of Lorainge, and of the King's having an A­gent at Rome (which it is knowne he never had) some Months before the Irish Rebellion: all which are so ob­scurely mentioned, and so ridiculous, as to any charge a­gainst the King, that they are not worthy any Answer; yet because (how impertinently soever) by the licence of these times, much hath been scandalously discoursed of a Letter written by the King, when he was Prince, and in Spaine, to the Pope, and such a Letter translated & prin­ted, out of a Copy published in the French Mercury, it may not be amisse to say somewhat of that businesse.

The Prince being by the command of his Father sent into Spaine, to conclude a Marriage with the Daughter of that Crowne, which had been long treated of, could not but be obliged, whilst he was there, to perform all Ceremonies which were requisite to the compassing the businesse he went about; The Kingdome where he was, had a fast friendship with Rome, and such a kind of de­pendence, that a dispensation from thence was thought [Page 55] necessary by the wisdome of that State to the marriage in treaty, towards the procuring whereof, though the Prince would not contribute the least application of his owne, yet he was not reasonably to do any thing, which might make that dispensation the more difficult to be procu­red; The Pope that then was, writ a Letter to the Prince, which was delivered to his Highnesse, by his Minister there resident; It was a Letter of respect, and in the in­terpretation of that State, of great kindnesse; and it would have been thought a very unseasonable neglect, if the Prince had vouchsafed it no Answer: on the other hand, it was easier to resolve, that it was fit to write, then what; in the mean time, they who were officious that it might be done, prepared the draught of a Letter, and brought it to him; the which, when his Highnesse had perused with his own hand, he expunged those clauses, which might seem to reflect upon the Religion which he professed, and having so altered and mended it, he caused it to be sent to the Pope; Copies of the first draught were spread abroad, by which that was inserted in the French Mercury, (which is so carefully translated and printed, and dispersed these late ill years) and now is given in evidence against His Majesty: But admitting it were the same, and that the Prince being in a forain Kingdom, (with the policy whereof he was then to com­ply) had written that very Letter, which is printed, with what colour of reason can any man make that an Argu­ment of his inclination to Popery, who at that time, and ever since hath given the greatest testimony of his affe­ction to the Protestant Religion, that any Prince or pri­vate person hath done? The Authours of this Declara­tion, would not think it just, that from their very loving Letters to the Bashaw at Argyers, and his to them, in [...] [Page 54] [...] [Page 55] [Page 56] which He thanks God that the Agent of the Parliament of England is come thither to make a peace and love betwixt them to the end of the world, as appears by the relation of that businesse fol. 15. published by their authority, and from the amity with them, to that Degree, that they have given the Turkes men-of-war the freedome of their Harbours, men should conclude, that they are resolved to turn Turkes, and yet such a conclusion will more na­turally result from those Letters, and that strict corre­spondence, then of the King's affection to Popery from that Letter to the Pope.

It is said that the same designe was laid in England at the same time, and that many thousands were appointed to cut the Protestants throats in this Kingdom also, when the King went into Scotland, and that it was confessed by some of the principall Rebels, that their Popish Com­mittee with the King, had communicated that designe with many Papists in England, by whose advice (though some things were altered, yet) it was generally conclu­ded, that about the same time, there should be the like proceedings of the Papists here; all which if true, (as no sober man believes it to be) does no way reflect upon the King; and that Popish Committee was sent more to the two Houses, then to the King, and were more owned by them, who tooke speciall care for their Accommoda­tion.

By what is said, it sufficiently appears, how unjust and unreasonable all the particular Scandals are, with relation to the businesse of Ireland, in which His Majesty (how im­pudently soever He hath been aspersed) never did any, or omitted the doing any thing, but according to those rules, which are most justifiable before God and man; it were to be wished that the two Houses of Parliament had [Page 57] but as well performed their duty, and obligations; but it cannot be forgotten, that neer the beginning of this Rebellion, when the Houses pretended wonderfull dif­ficulty to raise men for that Service, and when a season­able supply would utterly have broken and defeated the Rebels, the King sent a Message to them on the 28 of De­cember, Ex. Col. p. 33. 1641. That His Majesty being very sensible of the great miseries and distresses of His Subjects in the King­dome of Ireland which daily increased, and the bloud which had been already spilt, by the cruelty and barbarousnesse of those Rebels, crying out so loud; and perceiving how slowly the succours designed thither went on, His Majesty Himself would take care, that by Commissions (which He would grant) ten thousand English Voluntiers should be speedily raised for that service, if the House of Commons would declare, that they would pay them: which offer from His Majesty was rejected, and no considerable supplies sent till they had compelled His Majesty to consent to such a Bill for Pres­sing, as might devest and rob Him of a necessary and le­gall power inherent in His Crowne.

Nor can it be forgotten, that they reserved those men, which were raised for Ireland, and would not otherwise have been engaged in their Service, but on that pretence, and brought them to fight against His Majesty at Edge­hill, and afterwards retained them still in their Service; That they imployed the mony, raised by Act of Parlia­ment for the relief of Ireland, and with a particular cau­tion, that it should be imployed no other way, for the support and maintenance of that Army led by the Earle of Essex against the King, and that from the beginning of the Rebellion in England, (though they received vast sums of mony raised only for Ireland) they never admi­nistred any considerable supply thither, that they could [Page 58] apply to the advancement of their owne Designes at home against the King.

These particulars (of which kind every man may call to mind many more) nor their notable compliance with the Irish Committee, when they came first over, are re­membred, to imply that the two Houses of Parliament were guilty of raising the Rebellion in Ireland (otherwise then by their principles, and proceedings in diminution of the King's soveraigne power) or that they cherished it after it was begun (otherwise then by not wisely and vi­gorously endeavouring to suppresse it, before it spread so universally) but that which may be justly laid to their charge is, their affecting and grasping the power of car­rying on that War, which so great a body is not fit for; their imprudent and unpolitique declaring an animosity against the whole Nation, and even a purpose for their utter extirpation, and disposing their Lands to those, who would be adventurers for it; which Act and Declara­tion it is known drove many into open Rebellion, who were not before suspected, or at least declared to be af­fected to the Rebels; and lastly, their giving all their minds up to the kindling that horrid and monstrous re­bellion here, rather then to the extinguishing the other in Ireland.

16. Next succeeds the Charge against the King, for Pag. 29. the unusuall preparation of Ammunition and Armes (upon His return from Scotland) with new Guards within, and about White-hall; the Fire-works taken and found in Pa­pists houses, the Tower filled with New guards, Granadoes, and all sorts of Fire-works, Morters and great pieces of Bat­tery, the dis-placing Sir William Balfore, and placing o­ther Officers, who were suspected by them, and the whole City.

[Page 59]Not to speak of the entertainment they provided for the King against His return out of Scotland, when in stead of thanking Him for having passed so many good Acts of grace and favour to them, that there was no one thing more, that the Kingdome could reasonably aske from Him, or requisite to make them the most happy Nation of the world; They presented Him a Remonstrance (as they called it) of the State of the Kingdome, laying be­fore Ex. Col. p. 528. Him (to use His Majesties own words) and publish­ing to the world all the mistakes, and all the mis-fortunes; which hapned from His first comming to the Crowne, and be­fore, to that houre, forgetting the blessed condition all His Subjects had enjoyed in the benefit of peace and plenty under His Majesty to the envy of Christendome: Not to speak of the licence then used in language, when upon debate of some pretended breach of Order, one of the princi­pall Promoters of this Declaration publickly said in the House of Commons, without controle, that their Disci­pline ought to be severe, for the enemy was in view, when the King was come within one daies journey of the City; His Majesty found a band of Souldiers entertained to guard the two Houses of Parliament, which as it had bin never known in age before in that manner, so there was not now the least visible cause for it, but that there had been a Plot in Scotland against the persons of the Mar­quesse of Hamilton and Argyle, and therefore there might be the like upon some principall Members here: Upon the King's return the Earl of Essex resigned up the Com­mission with which he had been intrusted by His Majesty during His absence to preserve the peace of the King­dome, and thereupon that Guard which was drawn to­gether by vertue of that authority in that Earle, was dis­solved with it: The King came then to White-hall, and [Page 60] for what passed afterward, heare in His owne words, in His Declaration of the 12. of August, Great multitudes of Pag. 533. mutinous people every day resorted to Westminster, threat­ned to pul down the lodgings where divers of the Bishops lay, assaulted some in their Coaches, chased others with Boats by water, laid violent hands on the Arch-bishop of Yorke in his passing to the House, and had he not been rescued by force, it is probable they had murdered him, crying through the streets, Westminster-hall, and between the two Houses, No Bishops, no Bishops, no Popish Lords; and mis-used the severall Members of either House, who, they were informed, favoured not their desperate and seditious ends, proclaiming the names of severall of the Peers as evill and rotten-hearted Lords; and in their return from thence, made stand before Our gate at White-hall, said, they would have no more Por­ters Lodge, but would speak with the King when they pleased; and used such desperate rebellious discourse, that We had great reason to believe, Our owne Person, Our Royall Con­sort, and Our Children to be in evident danger of violence, and therefore were compelled at Our great charge to enter­tain a Guard for securing Us from that danger; These are His Majesties own words, and containe no more then is known to all men, and hath never yet been particularly denied by themselves, therefore sure the King had great reason to provide some Guard for Himself; and what was that Guard? Many Colonels and Officers of qua­lity attended the Parliament for Mony due to them by the publique Faith (which to this day hath not been paid to them) these Gentlemen upon the Offer of their Ser­vice to the King in this exigent, were listed, and atten­ded at White-hall to defend it against the insolency of those Tumults: and the little Ammunition and Armes which was brought thither, was for that purpose: That [Page 61] the Houses within few daies after raised a stronger Guard for themselves, without and against the King's Consent, and with that and other Forces countenanced by that, drove the King from the Towne, is as true and notorious to all the world.

What is meant by the Fire-works found and taken in Papists houses, is not understood, except they intend the Lord Herbert's house, which being at that time menti­oned and examined, was in the House of Commons re­jected, as an idle bruite, some of their principall Members affirming they had been there, and were satisfied, that there was nothing in the practice or designe, but what was very justifiable.

The Tower was so farre from being filled with new Guards, that there were no new Guards put there, till the Houses took the boldnesse to doe it; and if the King had made any addition of strength to His own Fort, it would have been no more, then He might well have done: But that the having Granadoes, and all sorts of Fire-works, Morters and great Pieces of Battery ready prepared in the Tower, should be objected to the King, is wonderfull, since it is the proper place, where such Utensils for war are to be; and if they had been in any other place, it might have administred some occasion of jealousie: there were no more pieces of Battery prepared and mounted against the City, then had been usuall and accustomed.

It was in the King's just power to remove any man from being Lieutenant of the Tower, whose fidelity or affection he suspected or made question of, yet (what just reason soever He had for either) Sir William Balfore was removed with his own consent, and upon such a present recompence in mony, as himself thought an ample com­pensation: it is true, some factious Citizens (who were [Page 62] alwaies ready to be applied to any seditious action) peti­tioned against Sir John Byron, who succeeded in that Command; and alleaged that their jealousie was such, that they were forced to forbear the bringing in of Bul­lyon to the Mint; when in truth there was not one of those who concurred in that Petition, that ever brought Bullyon thither, or used thar Trade; and to use His Ma­jesties owne words, it is notoriously known, There was Ex. Col. p. 546. more Bullyon brought into the Mint, in the time, that Gentle­man was Lieutenant, then in the same quantity of time in any mans remembrance: And surely it will be a great brand upon that time, and the City, to posterity, and an evidence how far they were from lodging English hearts in their brests, that they would think themselves lesse se­cure in Sir John Byron, a person of Noble Extraction, generous education, unblemished reputation, and a full fortune; then of an indigent Forainer, who had no other Arts to live by, then those of which they justly complai­ned, and could not serve them, without betraying his faith to his Master, to whom he was particularly sworn, and ingaged by infinite Obligations.

Hitherto they have examined only the errors and over­sights, at least the lesse raging enormities of the first Six­teen or Seventeen years of His Majesties Reigne, now they are entring into the high waies, where they say, the tract of open force against the Parliament and Kingdom did appear more visible.

17. The first instance is the Charge of Treason against Pag. 29. some of both Houses; and that unparallel'd Act of violence by the King's coming so attended to the House of Commons, which they say was, but the Prologue to a bloudy Tra­gedy, &c.

Though the tale of the Members did at that time serve [Page 63] their turne, to worke upon the un-skilfull and un-distin­guishing minds of the people, and to apply them to their Service, it was believed they would have now blushed to have remembred it, since as discerning-men were not at that time in any degree satisfied of their innocence: so all men by the demeanour of those Members afterwards, have concluded that the King had very good reason, then, to accuse them, though it may be the act was not so happily deliberated on, as to foresee those accidents, which might disturb the progresse of it.

Before any thing be said of the matter it self, how far the King was from doing what was not right, it will not be amisse to look back, how far they then imputed this act to the King, which is now so principall a part of the Charge against Him: After His Majesty had excepted against some expressions used by them of His comming to the House of Commons, as if He had intended vio­lence; in their Petition presented to Him at Tiballs, 1. ofEx. Col. p. 93. March, 1641. they besought His Majesty to believe, that the dangerous and desperate designe upon the House, was not inserted with any intention to cast the least aspertion upon His Majesty, but therein they reflected upon the ma­lignant party, &c. so that it seems the Houses then were not of the same opinion these men are now of.

For the matter it self, That any Members of either House may be prosecuted in the same manner, as if they were not Members, in the case of Treason, or Felony, is so known a truth, that no man (who pretends to know the Laws of the Kingdome, or Presidents of Parliament) ever thought the contrary, or heard the contrary said, till since the case of these Members; and the same hath been alwaies ac­knowledged in all Parliaments, and may be said to be ac­knowledged4 Part Instit. fol. 25. by this, since the Lord chief Justice Coke [Page 64] sets it down as a maxime in his Chapter of the High Court of Parliament, which was printed by the especiall Order of the House of Commons, since this Parliament be­gan.

That the King had reason to accuse these Members of high Treason, can be as little doubted, since He could make particular proof against them of a solemn Combina­tion Ex. Col. p. 534, & 535. entred into by them for altering the Government of the Church and State; of their soliciting and drawing down the Tumults to Westminster; and of their bidding the people in the height of their rage and fury to go to White-hall; of their scornfull and odious mention of His Majesties Person; and their designe of getting the Prince into their hands; and of their Treating with Forain power to assist them, if they should faile in their enterprizes; And why the King's At­tourny upon these reasons might not as lawfully accuse those Members of high Treason, as the Attourny Generall in the first year of this King's Reigne, did accuse the Earle of Bri­stoll upon a Charge more generall, who was thereupon com­mitted to the Tower; And why His Majesty might not as well have expected, that upon his Articles (not so generall as a meer verball accusation) of high Treason, either House would have Committed their severall Members, as they had done so many this Parliament; and about that time, twelve Bishops together (upon a confessed ground, which every man there, who knew what Treason was, knew that fact to be none) meerly, because they were accused, His Ma­jesty (upon occasion of mentioning this passage) saies, He could neither then, nor yet can understand.

This being the case, there remains nothing but His Ma­jesties own going to the House of Commons, for which, hear His own words in His Answer to the Declaration of the 19. of May, where that matter was loudly laid to [Page 65] His charge: When We resolved, that it was fit for Our own Ex. Col. p. 245. safety and honour, and the peace of the Kingdome, to proceed against those persons, though We well know there was no de­gree of priviledge in that case, yet (to shew Our desire of correspondence with the two Houses of Parliament) We chose rather then to apprehend those persons by the ordinary Mi­nisters of Justice (which according to the opinion and pra­ctice of former times We might have done) to command Our Attourny generall to acquaint Our House of Peers with Our intention, and the generall matters of Our Charge (which was yet more particular then a meer Accusation) and to proceed accordingly; and at the same time sent a sworn Servant, a Sergeant at Armes to Our House of Com­mons to acquaint them, that We did accuse, and intended to prosecute the five Members of that House for high Treason; and did require that their persons might be secured in custo­dy; This We did, not only to shew that We intended, not to violate or invade their Priviledges, but use more ceremony towards them, then We conceived, in justice might be requi­red of Us, and expected at least such an Answer, as might in­forme Us, if We were out of the way: But We received none at all, only in the instant, without offring any thing of their Priviledges to Our consideration, an Order was made, and the same night published in print, That if any person what­soever should offer to arrest the person of any Member of that House, without first acquainting that House therewith, and receiving further order of that House, That it should be law­full for such Members, or any person to assist them, and to stand upon his or their guard of defence, and to make resi­stance according to the Protestation taken to defend the Pri­viledges of Parliament; and this was the first time we heard the Protestation might be wrested to such a sence, or that in any case (though of the most undoubted and unquestion­able [Page 66] priviledge) it might be lawfull for any person to resist, and to use violence against a publique Minister of Justice, armed with lawfull authority: though we well know, that even such a Minister might be punished for executing such authority: Upon viewing this Order, we must confesse We were somewhat amazed, having neither seen nor heard of the like before, though We had known Members of either House Committed, without so much formality, as We had used, and upon crimes of a far inferiour nature to those We had suggested: And having no course proposed to Us for Our proceeding, We were upon the matter onely told that a­gainst those persons, We were not to proceed at all, that they were above Our reach of the Law: It was not easie for Us to resolve what to doe▪ if We imployed Our Ministers of Ju­stice in the usuall way for their apprehension (who without doubt would not have refused to have executed Our lawfull Commands) We saw what resistance and opposition was like to be made, which very probable might cost some bloud; if We sate still, and desisted upon this terrour, We should at the best have confessed Our owne want of Power, and the weak­ness of the Law; in this strait We put on a sudden resolution, to try, whether Our own presence and clear discovery of Our intentions (which haply might not have been so well under­stood) could remove those doubts, and prevent those incon­veniences which seemed to be threatned: And thereupon We resolved to go in Our Person to Our House of Commons, which we discovered not till the minute of our going, when We sent out, That Our Servants and such Gentlemen as were then in Our Court, should attend Us to Westminster, but giving them expresse command, that no accidents or provo­cation should draw them to any such Action, as might imply a purpose of force in Us, and Our self (requiring those of Our traine not to come within the Dore) went into the House [Page 67] of Commons, the bare doing of which, We did not conceive would have been thought more a breach of priviledge, then if▪ We had then gone to the House of Peers, and sent for them to come to Us, which is the usuall custome.

This was His Majesties Answer formerly to this Charge, which is therefore here inserted at large, as being so full, that nothing need be added; and it appeared by the Deposition of Barnard Ashly, and others taken by them, that the King gave His Traine expresse and posi­tive charge, that they should give no offence or ill word to any body, what provocation soever they met with; which Depositions were carefully suppressed, and concealed, whilst they made use of the testimony of indigent and in­famous Fellows, to reproach His Majesty, from some light and unadvised discourse, which was pretended to be uttered by some young Gentlemen, who had put them­selves into the Traine.

To conclude, it is to be observed, that though it were so high a transgression in the King, (against whom Trea­son can onely be committed) to prefer such a Charge a­gainst five Members of the House of Commons, who were called together by His Writ, and accountable to Him for any breach of Duty, that it did absolve them from their Allegiance, yet the preferring the like Charge1 Article a­gainst the 11 Members. since against Eleven Members by the Army, raised and maintained by them, and to which they were not ac­comptable for any thing they did, hath been held no crime; and it may be no ill exercise for those Gentle­men, who with such high contempt of that Soveraigne power, to which they owed their allegiance, took delight to despise and resist His Majesties just Authority, now in their affliction, restraint, and banishment to consider the hand of God upon them, which hath compelled [Page 68] them to submit to the mercenary power raised by them­selves to suppresse their King; That though they broke1 Article a­gainst the 5 Members. through the Kings Article, for endeavouring to subvert the fundamentall Laws and Government of this King­dome, and to deprive the King of His legall power, and to place on Subjects, an Arbitrary and tyrannicall power: yet they could not break through the Charge of the Ar­my for invading, infringing, or endeavouring to over­throw the Rights and Liberties of the Subjects of this Nation, in arbitrary, violent, and oppressing waies, and for endeavouring by indirect and corrupt practises to de­lay and obstruct Justice, to the great damage and preju­dice of divers of the poor Commoners of England.

Though they were too mighty to be touched upon the2 Article a­gainst the 5 Members. Kings accusation, of having endeavoured by many foule aspersions upon His Majesty, and His Government, to a­lienate the affections of His people, and to make His Ma­jesty 2 Article a­gainst the 11 Members. odious to them; yet they were not able to bear the burthen of an Accusation of having endeavoured by false informations, mis-representations, or scandalous sugge­stions against the Army, to beget mis-understandings, prejudices, or jealousies in the Parliament against the Army, and to put insufferable injuries, abuses, and pro­vocations upon the Army, whereby to provoke and put the Army into dis-temper.

Though they slighted the King's Charge of having4 Artic. against 5 Members. trayterously invited and incouraged a forain power to invade His Majesties Kingdome of England, yet they cannot throw off the Charge from the Army, of having invited the Scots, and other forain Forces to come into4 Artic. against 11 Members. this Kingdome in a hostile manner, to abet and assist them in the prosecution and effecting of their designes.

Lastly, they may with their eyes, hands, and hearts lift [Page 69] up to Heaven, remember how they contemned and despi­sed6 Artic. against 5 Members. the King, when he charged them, that they had en­deavoured (as far as in them lay) by force and terrour to compell the Parliament to joyne with them in their tray­terous designes, and to that end had actually raised, and countenanced Tumults against the King and Parlia­ment; And now their owne Army whereof very many then assisted them in those Tumults to drive away the5 Artic. against 11 Members. King, and the Members of both Houses, accuses them of having invited, incouraged, abetted, or countenanced divers Reformadoes and other Officers and Souldiers, tumultuously and violently to gather together at West­minster to affright and assault the Members of Parlia­ment, in passing to and from the House; to offer violence to the House it self; and by such violence, outrages, and threats, to awe and inforce the Parliament.

As the Charge allowed, and countenanced now from their owne Army, is upon the matter the same, which was with so much noise and insolence rejected, when it was presented from the King, and is now objected against Him as a hainous crime, so with reference to their Privi­ledges (which, like the Logitians line, is divisibilis in sem­per divisibilia, and serves their turne, to inable them to aske any thing from the King they think fit to demand, and to refuse any thing to Him He requires from them) the progresse and proceedings thereupon, hath been very different; in stead of suspending and discountenancing them upon the King's accusation, they are brought in triumph with an Army to the House; the Army upon the bare exhibiting their generall Articles, require that the persons impeached, may be forthwith suspended from sitting in the House, and will receive no deniall, it must be consented to, for they will not indure, that the [Page 70] persons impeached by them shall continue in power and capacity to obstruct due proceedings against themselves▪ Decl. and Pa­pers of the Ar­my, p. 52. and for their own escape from justice to threaten ruine to the whole Nation, as by the Letter from the Army of the 21. of June, appears.

The King was checked upon the matter of Priviledge, and then imperiously required to send the evidence, which He had against those He had accused, to the House, where they principally governed, and could easily judge what was secure for themselves; His Majesty desired, that before His proofs were discovered against them, and Ex. Col. p. 56. lest a new mistake should breed more delaies, it might be re­solved, whether His Majesty were bound in respect of Privi­ledges to proceed against them by impeachment in Parlia­ment, or whether He were at liberty to prefer an Indictment against them at Common Law, in the usuall way, or had His choice; to which they would give no other Answer, then that they desired Him to give directions, that the Parlia­ment might be informed before Friday next, what proof there was against them, that accordingly they might be cal­led to a legall triall, it being the undoubted right and privi­ledge of Parliament, that no Member of Parliament can be proceeded against without the consent of Parliament.

The Army tells them plainly, by their Letter of the 25. of June, That they wish the name of Priviledges, may not lie in ballance with the Safety of a Kingdome, and the reality of doing justice; which (as they had said too often) they could not expect whilst the persons they had accused, were the Kingdomes and their Judges. And in the Re­monstrance of the Army of the 23. of June, that no pri­viledges ought to protect wicked men, in doing wrong to particulars, or mischief to the publick; and that whoever most adores or tenders those priviledges, will best expresse [Page 71] his Zeale towards them, in taking care they be not abased or extended to private wrong and publique mischief, for they say, they clearly find, and all wise men may see it, that Par­liament priviledges as well as Royall prerogative, may be perverted & abused, to the destruction of those greater ends, for whose protection and preservation they were admitted, or intended (viz.) the Rights and Liberties of the people, and safety of the whole; and in case they be so, the abuse, evill, or danger of them, is no lesse to be contended against, and a remedy thereof no lesse to be endeavoured, then of the other: And upon these grounds they conclude, that they shall be Decl. and Pa­pers of the Ar­my, p. 67. inforced to take such courses extraordinary, as God shall en­able and direct them to, unlesse by Thursday night next they receive assurance and security to themselves and the King­dome, for a more safe and hopefull proceeding in an ordina­ry way, by having those things granted, which before they insisted on.

These have been the proceedings of late in the point of accusing Members, and in the case of Priviledge, all which are so far justified by the Houses, that the Army hath received publique thanks and approbation for all that they have done, and their accusations have been received, countenanced, and promoted, and their desires granted against the persons they accused, so that as the King did nothing in the accusation of those Members, but what was justifiable by the Law, and former Presidents of Parlia­ment, so whatsoever He did is since justified by the later Presidents, which themselves have consented to, and ap­proved; And so we return to the place from whence this consideration carried us.

There is a mention of the Lord Digby's appearing in a War-like manner, and afterwards his going beyond the Seas, and from thence giving advice to the King to retire [Page 72] to some strong place, &c. which are all so well known, have been so often answered, and have so little reference to the King, that time is not to be wasted to reply to them.

18. The next Charge is, the Commissions granted to Pag. 30. the Earle of Newcastle, and Colonel Legg, for attempting Newcastle and Hull, which (they say) occasioned them to provide for their security; to which their intelligence of forain Forces from Denmark contributed; and then they take great paines to make that jealousie of Denmarke rea­sonable, and fit to sink into them.

The Commissions granted by the King to the Earle of Newcastle, and Colonel Legg, were no other then by Law He might grant; neither did He grant any such, be­fore He was assured the leading Members in the House of Commons had it in their purpose to procure an Order for the seizing that Towne, and after they had caused a power to be placed about the Tower of London both by land and water under the Command of their new Officer Skippon, who was required not to suffer any provisions to be brought in thither by what Authority or Warrant so­ever.

If there had been any expectation, or apprehension of forain Forces to be brought from Denmarke, that could be no warrant for them to seize on Hull, without and a­gainst the King's leave, whose peculiar jurisdiction and right it is, to provide against forain Invasions; but as that discourse of Forces from Denmarke, was then looked upon as most ridiculous by all men of sense, so experience hath since made it apparent, that there was not the least colour for it: And the arrivall of that Vessell with Am­munition and Armes (for there came no Commanders in her) near Hull, was near six Months after the Houses [Page 73] had put a Garrison into Hull, and neer three Months after Sir John Hotham had shut the Gates of it against His Maje­sty; and if it had not been for that rebellious Act, that Am­munition and Armes had not been sent.

The Invasion of the King of Denmark's Dominions by the Swedes was above two years after the seizing of Hull, there­fore that could not be any interruption to that designe, if it had been intended; but that a frivolous report of a discourse between a Servant of the Lord Digby's, (that was never na­med) with a Mariner, whom he had never seen before, to conduct a Fleet into England from Denmarke; or an inter­cepted Letter from the Hague to Secretary Nicholas, which is pretended to be written the 26 of Novemb. after the Battle of Edge-hill; and in which is mention of Armes for ten thou­sand Foot, and for fifteen hundred Horse should be thought of moment to justifie a rebellious jealousie of the King's pur­pose of countenancing an Invasion of His owne Kingdome, is below the folly and sottishnesse of any, to whom satisfa­ction ought to be applied.

The imploying of Colonel Cockram to the King of Den­mark, was after the Rebellion was begun, and when the Earl of Essex was marching with his Army against His Ma­jesty, and the principall instruction given to him, was to presse that King to assist His Majesty, with Mony, Armes, and Ammunition, (the two Houses having seized all which belonged to His Majesty) and that the same might be sent by some Ships of that Crowne, because all the King's owne were taken from Him, and lay in wait to intercept any Pro­vision that should be sent to His Majesty; and it is no won­der if the King indevoured by His instructions to His Agent, to make His Uncle of Denmarke as sensible as he could of the injuries and indignities offered to His Majesty; nor was that very clause (with which these wicked men so insolently and rudely reproach His Majesty) without good grounds, it [Page 74] being known that they ordinarily whisper'd many things then in their private Caballs, which they durst not publique­ly avow; of which nature were their discourses of the Death of King James, which they are now grown up to the wicked­nesse to publish, and the other which was mentioned in that instruction.

They say they repeat this rather, because when they declared their intelligence, that Cockram was sent into Denmarke to procure Forces thence, the King disavowed it, calling it a vile scandall in His Answer to their Decl. of the 22 of Octob. 1642.

Their charge upon the King in that Declaration of the 22 of Octob. was, That Sir John Henderson and Colonel Cockram (men of ill report both for Religion and Honesty) were sent to Hanborough and Denmarke, as they were credibly informed, to raise Forces there, and to bring them to Newcastle, and to joyne with the Earle of Newcastle, &c. To this the King madeEx. Coll. p. 670. Answer, That He had never greater cause to be confident of se­curity in His owne Subjects, and therefore He could not believe so vile a scandall could make any impression in sober men: And it is known He did desire no other aide or supply at that time from Denmarke, or from any of his Allies, but Mony, Armes, and Ammunition, but if He had not been confident in the security of His owne Subjects, He would have been justly to be blamed, if He had not endeavoured to get any forain suc­cours to preserve Himself, His Crowne, and the Kingdome from being over-run and subdued by the power and strength of His rebellious Subjects.

In the same instructions to Cockram, they say, the King de­clared, that He then expected assistance from His neighbour Princes and Allyes, in particular the greatest part of the States Fleet from Holland: which if it were truly set forth, needs no Answer, it being very reasonable that the King should have expected that all His neighbour Princes and Allyes should have assisted Him against so odious and horrid a Rebellion, [Page 75] and it may be many of them may live to find the incon­veniencie of not being sensible of the assault, which hath been made upon Soveraignty, especially, if in stead of assisting the King, they have contributed toward the oppressing the Regall power; but these men are such e­nemies to ingenuity, that in the very repeating, what hath been said or done by the King, they will leave out any words that will make the sense otherwise understood, then fits their purpose, though any man that will take the pains to examine it, will quickly find the truth; so they who will peruse these instructions (by what means soever they came by them) published by themselves, will find that the King mentioned the Holland Fleet only, as King's Cabi­net, p. 41. allowed by the States to give Her Majesty a Convoy into England, which these men would have understood, as lent to assist the King against His rebellious Subjects; whereas it is too well known, that at that time the two Houses found more respect and assistance from those States, then His Majesty did; and what His Majesty then said of His neighbour Princes and Allyes (which they would perswade the people to relate to some present en­gagement from them to send Forces to Him) being only grounded upon His reasonable hope of the sense those Princes would have of the indignities offered to His Ma­jesty, His words being, He expects and hopes that all His neighbour Princes and Allyes, will not look upon so dange­rous a Precedent to their owne Crownes and Monarchies, without contributing to suppresse this so pernicious a designe begun in this Kingdome: God forgive those Princes who suffered His Majesty to be deceived in so just and Prince­ly an expectation.

It is here likewise to be remembred, that the two Hou­sesEx. Col. p. 635. had dispatched their Agent Strickland to the States of [Page 76] the united Provinces, to invite them to their amity and assistance, and to decline their League with His Majesty, before Colonel Cockram was sent for Denmarke, their Declaration to those Provinces bearing date the 8 of Oc­ctober, which was before the time that Cockram went to­wards Denmarke.

19. The Queens going into Holland, is next objectedPag. 33. to the King, and that contrary to His trust He sent the an­cient Jewels of the Crowne of England, to be pawned or sold for Ammunition and Armes, of which, they say, they had certain knowledge before they took up Armes; and that they had not so much as once asked the Militia, till the Queen was going for Holland; and that Her going beyond Sea was stayed, many Months before Her going into Hol­land, by their motions to the King, because (amongst other reasons) they had heard, that She had packed up the Crowne Jewels, by which they might see what was then intended by that Iourney, had not they prevented it till the Winter.

They are very unwilling to agree upon the time when they first took up Armes, and would have their seizing upon the King's Forts, possessing themselves of the Militia of the Kingdome, of the Royall Navy, to be thought only an exercise of their Soveraigne power, and no taking up of Armes; but though they could perswade the world that their countenancing and bringing downe the Tu­mults, by which they first drove away many Members from the Houses, and then the King Himself from White­hall, was not taking up Armes, because there was no a­vowed Act of both Houses to bring downe those Tu­mults, yet sure they cannot deny their marching out of the City with all the Trained bands of London in a hostile manner to Westminster, where both Houses gave the chief Officers thanks, approved what they had done, [Page 77] undertook to save them harmlesse, and appointed a new Officer of their own to Command those Traine bands, which was on the 11 of Ianuary, 1641. to be taking up Armes.

When they appointed the next day their own new Of­ficer Skippon to besiege the Tower of London, with the City Forces, by land and water, and not suffer any pro­vision to be carried thither, when the King's Lieutenant was in it, and declared, that whosoever should trouble him for so doing, was an Enemy to the Common-wealth, which was accordingly executed by him; they must confesse undoubtedly that they took up Armes; and both these high actions (which by the expresse Statute of the 25 year of King Edw. 3. are High Treason) were before any one Iewell belonging to the Crowne or the King, was carried out of the Kingdome.

For the time of asking the Militia, though no circum­stance of time could make it justifiable (not to speak of the Bill preferred to that purpose many Months before) the House of Commons by their Petition of the 26 of Ianuary, after the House of Peers had refused to concur with them in so dis-loyall a suit, desired His Majesty to put the Tower of London and the principall Forts of the King­dome and the whole Militia, into such hands as they thought fit; and the Queen went not into Holland till the 23 of February, neither was her journy resolved on till the be­ginning of that Month; so that their assertion of not ha­ving so much as asked the Militia till the Queen was go­ing into Holland is utterly untrue, and when they were made acquainted of such Her Majesties purpose, they never in the least degree disswaded it.

But what was the Queens going into Holland, and the King's sending with Her the Iewels of the Crown, to their [Page 78] taking Armes? The Queen might very well go to any place the King thought fit She should go, & the Princess Mary (being at that time to go into Holland to her Hus­band) His Maj. thought it fit that the Queens Maj. should accompany Her Daughter thither: And for the Jewels of the Crowne (though most of the Jewels carried over by the Queen, were Her owne proper goods) let them shew any Law, that the King may not dispose of those Jewels for the safety of His life, and to buy Arms & Ammuni­tion to defend Himself against Rebels, who have seized all His Revenue, and have left Him nothing to live upon, but those Jewels, which He had only in His power to convey out of theirs, or to leave them to be seized on and sold by them, who applied all that He had else, and His own Revenue to hasten His destruction.

In their mention of the Queens former purpose of go­ing beyond Seas, stayed (as they say) upon their motion, because they had then heard, She had packed up the Crown Jewels and Plate, they use their old and accusto­med licence.

If they will examine their own Journall, they will not find amongst all those reasons, which were carried up by Master Pim to the Lords at a Conference on the 14 of Iuly, and the next day presented to the King to disswade Her Majesties Journy, the least mention, of Her having packed up the Crown Jewels and Plate, but that they had received information of great quantity of treasure in Iewels, Plate and ready Mony packed up to be conveyed away with the Queen; and that divers Papists and others, under pretence of Her Majesties Goods were like to convey great sums of Money and other treasure beyond the Seas, which would not only impoverish the State, but might be imployed to the fomenting some mischievous attempts to the trouble of [Page 79] the publike peace: And they might remember that▪ the chief reasons they gave to disswade Her Majesty, was, their profession and Declaration, (since they heard that the chief cause of Her Majesties sicknesse proceeded from 5. Reason. dis-content of Her mind) that if any thing which in the power of Parliament might give Her Majesty contentment, they were so tender of Her health, both in due respect to His most excellent Majesty and Her self, that they would be rea­dy to further Her satisfaction in all things; and that it would be some dis-honour to this Nation, if Her Majesty 6. Reason. should at this unseasonable time go out of the Kingdome, up­on any grief or discontent received here; and therefore they would labour by all good means to take away and prevent all just occasions of Her Majesties trouble in such manner as might further Her content, and therein Her health, which would be a very great comfort and joy to themselves, and the rest of His Majesties loving Subjects.

These obligations they should have remembred, and left the world to remember how punctuall they were in the performance: The discourse at Burrough Bridge, that the King would pawne His Iewels for the Army, is as mate­riall, as any other part of the discourse there, being said only by Captain Chudleigh, who it seems believed it not, by His engaging Himself to the Parliament from thatEx. Col. p. 220. time, (as the better Pay-masters) and was highly valued by them.

20. It seems they take it as granted, that their frivo­lous and malitious allegations will serve turne in steadPag. 34. of proofs, and therefore they take the boldnesse to tax His Majesty with breach of honour and faith, and to re­proach Him for calling God to witnesse, and making so many solemn protestations against any thought of bringing up the Northern Army, or of leavying Forces to wage war [Page 80] with His Parliament, or of bringing in forain Forces or aids from beyond the Sea, which (they say) Himself said would not only bury the Kingdom in sudden destruction and ruine; but His own name and Posterity in perpetuall scorne and infamy.

If these Gentlemen would deale faithfully with the world, and confesse what troubles them most, they would acknowledge, that their grief is, that the King is so punctuall and severe in keeping His word, and prote­stations; not that He is apt to fall from them. If He would have practised their arts of dissembling, and de­scended to their vile licence of promising and protesting, what He never meant to think of after, He might have prevented them in many of their successes; but the great­nesse of His mind alwaies disdained even to prosper or be secure by any deviations from truth and honour; and what He hath promised, He hath been religious in obser­ving, though to His own damage and inconvenience; He hath made no protestation about bringing up the Nor­thern Army, or of leavying Forces against the Parlia­ment, or for the Rights of the Subject, which was not exactly true, and agreeable to the Princely thoughts and resolutions of His heart.

The occasion of His Majesties using that expression concerning forain Force, (which is here remembred by them) was this: In the Declaration delivered to His Ma­jesty from the two Houses at Newmarket on the 9 of March, 1641. they told Him, that by the manifold adver­tisements, which they had from Rome, Venice, Paris, and Ex. Col. p. 100. other parts, they expected that His Majesty had still some great designe in hand, and that the Popes Nuntio had solici­ted the Kings of France and Spaine to lend His Majesty four thousand men apiece to help to maintain His Royalty a­gainst [Page 81] the Parliament, were some of the grounds of their fears and jealousies; To which His Majesty made answer in these words, What your advertisements are from Rome,Pag. 108. Venice, Paris, and other parts, or what the Pope's Nuntio solicited the Kings of France or Spaine to do, or from what persons such informations come to you, or how the credit and reputation of such persons have been sifted and examined, We know not, but are confident no sober honest man in Our Kingdomes can believe, that We are so desperate, or so sens­lesse, to entertain such designes, as would not only bury this Our Kingdome in sudden destruction and ruine, but Our name and posterity in perpetuall scorn and infamy.

That this Answer was most prudently and justly ap­plied to that extravagant and senslesse suggestion, can­not be doubted; but because the King at that time, be­fore the War, or a declared purpose in them to raise a War against Him, held it an odious and infamous thing to thinke of bringing in foraine Forces upon His owne Kingdome, that He might not therefore think it after­wards necessary, and find it just, to call in forain Suc­cours to defend Him from a Rebellion, that besides mixtures of all Nations, was assisted by an intire forain Army to oppresse Him, and His posterity, no reasonable man can suggest or suppose; and yet how far He hath been from entertaining any such aide, the event declares, which it may be, many wise men reckon amongst His greatest errours and oversights; and which no question, (if He had not been full of as much tendernesse and com­passion towards His people, as these men want) He would have found no difficulty to have practised.

They proceed to improve this most groundlesse and unreasonable scandall by another instance, that when His Majesty Himself, and the Lords made a Protestation at [Page 82] Yorke against leavying Forces, He commanded His Sub­jects by Proclamation to resist the Orders of the Parliament, and did many other Facts, contrary to that Protestation, the particulars whereof are mentioned, and shall be exami­ned and answered.

The Act which they call a Protestation by the King & the Lords at Yorke passed on the 15 day of June, 1642. being six and twenty daies after both Houses had decla­red that the King intended to leavy war against the Parlia­ment, and thereupon published their Propositions for bringing in Money or Plate for the raising and main­taining an Army: The King conceiving so positive and monstrous an averment might make some impression upon, and gain credit with his people, called the Peers together who attended Him, and taking notice of that wicked Declaration, declared to them, That He alwaies had, and then did abhor all such designes, and desired them to declare, whether being upon the place, they saw any colour of preparations or counsels, that might reasonably beget a belief of any such designe, and whether they were not fully perswaded, that His Majesty had no such intention: where­uponEx. Col. p. 357. seven and thirty Peers, who then attended His Ma­jesty (being double the number that at that time or since remained in the House of Peers at Westminster) unani­mously declared under their hands (which was pub­lished to the Kingdome) that they saw not any colour of preparations or counsels, that might reasonably beget the be­lief of any such designe, and did professe before God and te­stifie to all the world, That they were fully perswaded that His Majesty had no such intention, but that all His endea­vours did tend to the firm and constant setlement of the true Protestant Religion, the just Priviledges of Parliament, the Liberty of the Subject, the Law, Peace, and prosperity of [Page 83] the Kingdome; notwithstanding which clear evidence, they made what haste they could to raise an Army, and to engage the people against their Soveraigne Lord the King.

That His Majesty intended not by that profession on His part, nor the Lords thought themselves obliged on their parts, to give any countenance to, or not to resist the Orders, which then issued out every day, from those at Westminster, who called themselves the two Houses, needs no other evidence, then His Majesties Declaration published two daies before (13 of June) in which a­mongst other particulars, He declared to the Peers, That Ex. Col. p. 349. He would not (as was falsly pretended) engage them, or any of them in any War against the Parliament, except it were for His owne necessary defence and safety against such as should insolently invade or attempt against His Majesty, or such as should adhere to Him: And that very day, the very same Peers (whereof the Earl of Salisbury was one) engaged themselves to the King under their hands, That they would defend His Majesties Person, Crowne and Dig­nity, together with His Majesties just and legall Preroga­tive, against all persons and power whatsoever, and that they would not obey any rule, Order, or Ordinance whatso­ever concerning any Militia, that had not the Royall as­sent.

The first Commission of Array issued out some daies be­fore this Profession and Protestation made by His Ma­jesty, and therefore cannot be said to be against it; and above three Months after the passing the illegall and extravagant Ordinance for the Militia, and after that Or­dinance was executed in many parts of the Kingdome, notwithstanding His Majesties Proclamation of the ille­gality and treason of it, when He had desired them to [Page 84] produce or mention, one Ordinance from the first beginning of Parliaments to this very Parliament, which endeavoured to impose any thing upon the Subject, without the King's consent: of which to this day they never gave or can give one instance. The Commission it self of Array, is accor­ding to Law, and so held to be at this time by most lear­ned Lawyers, and was so declared to be by Mr. Justice Hutton in his Argument in the Exchequer Chamber, in the case of Mr. Hambden.

The Letter which they say they can produce under His Majesties owne hand to Sir John Heydon Lieutenant of the Ordnance, of the 20 of June, 1642. is no way con­trary to His Majesties professions, & such as His Majesty in that ill time was necessarily to write, being to a sworn Officer and Servant of His owne, to send such of His own Goods to Him as were in His custody, and which His Majesty so reasonably might have occasion to use; and if He wished it might be done privately, it is only an instance of the wickednes of that time that the King was forced to use art and privacy to get what belonged to Him, lest He might be robbed by those, who nine daies before the date of this Letter had published Orders toEx. Col. p. 342. intercept whatsoever was going to Him.

His Majesty required not any subscription for Plate, Horses, or Armes, till many daies after they had publi­shed their Propositions to that purpose, & received great sums of mony, and vast quantities of plate upon those Propositions, against which His Majesty writ His Prince­ly Letter to the City of London on the 14 of June, and two daies after published a Declaration with the testimo­ny and evidence of all the Peers with Him, in which He said, That if notwithstanding, so clear declaration and e­vidence Ex. Col. p. 35. of His intentions, these men should think fit by those [Page 85] Alarums to awaken Him to a more necessary care of the de­fence of Himself and His people, and should themselves in so unheard-of a manner provide (and seduce others to do so too) to offend His Majesty, having given Him so lively te­stimony of their affections, what they were willing to do, when they should once make themselves able; all His good Subjects would think it necessary for His Majesty to look to Himself; and He did then excite all His wel-affected people, according to their Oaths of Allegiance & Supremacy, & ac­cording to their solemn Vow and Protestation (whereby they were obliged to defend His Person, Honour, and Estate) to contribute their best assistance to the preparations necessa­ry for the opposing and suppressing of the trayterous at­tempts, &c.) And then He would take it as an acceptable Service, if any person upon so urgent and visible a necessity of His Majesty, and such an apparent distraction of the Kingdome, would bring in to Him, or to His use, Mony or Plate, or would furnish Horse or Armes, &c. This was the time, and the manner of His Majesties requiring subscri­ption, for Plate, Horse, and Armes, which these men impute to Him.

They say the King raised a Guard of Horse, and Foot about Him; and by them did not only abuse their Com­mittees sent to Him, beat their publique Officers and Mes­sengers, protect notorious Papists, Traytors or Felons, such as Beckwith and others, from the Posse Comitatus, but also with those guards, Cannon & Arms from beyond Sea, did attempt to force Hull, in an hostile manner, and that within few daies after that solemn Protestation at Yorke: All which suggestions must be particularly examined: The raising the King's Guard was on this occasion, and in this manner:

The King residing with His Court at the City of Yorke, [Page 86] and being pressed by both Houses of Parliament to con­sent, that His Magazine at Hull might be removed from thence (for the better supplies of the necessities for Ire­land) to the Tower of London, which for many reasons He thought not convenient, His Majesty resolved to go Himself in Person to His Town of Hull, to view His ArmsEx. Col. p. 152. and Munition there, that thereupon He might give dire­ctions what part thereof might be necessary to remaine there, for the security and satisfaction of the Northerne parts (the principall persons thereof having petitioned Him, that it might not be all removed) and what part might be spared for Ireland, what for the arming the Scots, who were to go thither, and what to replenish His chiefest Magazine the Tower of London; and going thi­ther on the 23 day of April, 1642. He found all the Gates shut against Him, and the Bridges drawn up, by the command of Sir John Hotham, who flatly denied His Majesties entrance from the Walls, which were strongly manned, and the Cannon mounted thereon and planted against the King; His Majesty having in vaine endeavoured to perswade Sir John Hotham, and offered to go in with twenty Horse, because he alleaged His re­tinue was too great, was at last compelled to returne to Yorke, after He had proclaimed Hotham Traytor, which by all the knowne Lawes, he was declared in that case to be.

The next day the King sent a Message to the Houses to require justice upon Sir John Hotham: to which they re­turned no Answer, till above a fortnight after; in the mean time they sent down some of the choice Members to Hull to give Sir Iohn Hotham thanks for what he had done; and to assure him that they would justifie him in it; and others into Lincoln-shire, with directions to their De­puty [Page 87] Lieutenants and all other Officers, to assist him if he were in any distresse; and then they sent some other Members as their Committee to Yorke, with their An­swer to the King, in which they told Him, That Sir JohnEx Col. p. 179. Hotham could not discharge the trust upon which, nor make good the end for which he was placed in the Guard of that Towne and Magazine, if he had let in His Majesty with such Counsellours and company, as were then about Him; and therefore upon full resolution of both Houses they had declared Sir John Hotham to be clear from that odious crime of Treason; and had avowed, that he had done no­thing therein, but in obedience to the commands of both Hou­ses: whereas in truth, though they had presumed against law and right to send him thither, and constitute him Governour for a time, of that place, there was no word in his Commission, or instructions implying the least di­rection, not to suffer His Majesty to come thither; but on the contrary, the pretence was for His Majesties espe­ciall service.

His Majesty made a quick reply to this strange An­swer, and delivering it to their Committee wished them to return with it to the Houses, which they refused, tel­ling Him, That they were appointed by the Parliament to reside at Yorke, but they would send His Answer to Westminster.

It would be too long in this place, and might be thought impertinent to consider, whether this custome of sending Committees to be Lieger in the Counties, which began at this time, be agreeable to law, and the just regular power of the Houses; for as the like will not be found in the Presidents of former Parliaments, so it may be reasonably believed, that, that Councell, which is called by the Kings Writ to assemble at Westminster, [Page 88] can no more appoint some of their Members to reside at Yorke, or in any other place, then they can adjourn them­selves thither; and it seems against right, that those De­puties which are sent by the Counties or Cities to be pre­sent on their behalfs in the House of Commons at West­minster, may be sent to another place, by which they whom they represent are without any Members there.

Upon this Answer of the Committee, as unexpected, as the other from the Houses; and the other acts done in this conjuncture, as the sending another Committee to Hull, another into Lincoln-shire, all to perswade the people to approve of what Sir Iohn Hotham had done, and to assist him if there were any occasion; the King began very justly to apprehend a designe upon His owne Person, and then and not till then, resolved, and declared His resolution to have a Guard to secure His Person, that Sir Iohn Hotham might not (as His MajestyEx. Col. p. 261. said) by the same forces, or more, raised by pretence of the same authority (for he raised some daily) continue the War, that he had leavied against Him, and as well impri­son His Person as detain His goods, and as well shut His Ma­jesty up in Yorke, as shut Him out of Hull.

This Guard was hereupon raised, with the advice of the principall Gentlemen of that County, and consisted of one Regiment of their Traine bands, commanded by the proper Colonel, who was one of the prime Gentle­men of fortune and reputation there; and one Troup of Horse, which had the honour of being called the Prince of Wales his Troup, commanded by the Earle of Cum­berland, and consisting of near one hundred, most if not all of them, of the Gentry of that Shire; and that the rumour, scandall, and imputation of entertaining Papists, might be clearly answered; there was neither Officer or [Page 89] Souldier of the Regiment or Troup, who did not take the Oath of Allegiance and Supremacy, and they were punctually payed by the King, that there might be no complaint on any side.

This was the Guard, the occasion, and manner of lea­vying it, full five Months after the two Houses against Law or President, and without the least probable colour of danger had raised a greater Guard for themselves, un­der the command of their new Officer Skippon, after they had besieged the Tower, and compelled the King to commit the government of it to a man of their own no­mination, and election; after they had put a Governour and Garrison into Hull, and that Governour and Garri­son kept His Majesty out of the Towne; after they had in defiance of His Majesty and against His expresse plea­sure signified to them, put His Royall Navy into the hands, and under the command of the Earle of Warwick; after they had in many Counties executed the Ordi­nance of the Militia; and after they had brought the danger to His Chamber dore, by their Orders to the very Sheriffe of Yorke-shire to assist Sir John Hotham, and imploying their Committee there to the same pur­pose.

For abusing the Committees sent to His Majesty, they should (and no doubt if it had been in their power they would) have mentioned one particular abuse offered to them; it is very well known that they had all freedome and respect, albeit His Majesty well knew the ill and se­ditious offices they did there; and though they appea­red publickly at all meetings, and when His Majesty proposed any thing to the County, they produced their instructions, and disswaded the County from comply­ing with His just desires; the suffering and induring [Page 90] whereof might more reasonably be imputed to the King, then any ill usage they received; of which their owne Letters printed by Order, will be sufficient testimony; and when the King went from Yorke, towards Nottin­gham, Ex. Col. p. 185. after He had declared by His Proclamation, that He would erect His Royall Standard; the Lord Fairfax (being one of that Committee) by some accident of sick­nesse continuing still at his house in that County; albeit the King well knew the dis-service he had done Him, and that the keeping him in prison might prevent much more, that he was like to do Him, yet since He had re­ceived him there as a Member imployed from the Par­liament, and that his returne thither was hindred by an indisposition of health, he would not suffer him to be ap­prehended, but left him un-disquieted, or disturbed, to recollect himself, and to revolve His Majesties good­nesse: So far was that Committee, or any Member of it from being abused, whatsoever they deserved.

The next instance of the King's breach of His Prote­station, or doing somewhat against it, is, the beating their publique Officers and Messengers, and protecting notorious Papists, Traytors, Felons, such as Beckwith and others from the Posse Comitatus: since there is no other named, it may be supposed, that this is the only, or most noto­rious example of that protection, and therefore it will be fit to examine, what the Case of this man was:

This Gentleman Mr. Beckwith (whether a Papist or no is not materiall) lived in Beverly, whither His Majesty came that night, after Sir John Hotham had refused to suffer Him to come into Hull, and was utterly unknown to His Majesty, but had the just sense an honest Subject should have of the indignity offered to his Soveraigne, and the mischiefe that might befall that County and [Page 91] Kingdome by this rebellious act, and was forward to ex­presse (as most of the Gentlemen of that County were) a desire to repaire His Majesty, and to prevent the incon­veniences which were otherwise like to follow.

He had in the Towne of Hull a Son-in-law, one Fookes, who was a Lieutenant of a Foot Company in that Gar­rison, whom he supposed (being only drawn in with the Traine bands) not malitiously engaged in the purpose of Treason, and therefore as well to preserve a man, who was so near to him, innocent, as for other respects to his King and Country, he sent for him to come to him to his house, which the other (there being then no inter­course hindred on either side) did, and upon discourse fully sensible of the unlawfulnesse of the act, which had been done, and willing to doe any thing for the King's service; declared, That the Thursday night following he should have the Guard at the North Gate, and that if an Alarum were given at another Gate, called Hessell-Gate, he would let those in who came from the King; Mr. Beckwith promised if he would perform this, he should have a very good reward, and that if he could convert his Captain one Lowanger (a Dutch-man) to joyn with him, he should likewise be very liberally rewarded. This is all that was alleaged against Mr. Beckwith, as ap­pears by Sir John Hothams Letter of the whole informa­tion to Mr. Pim, entred in the Journall booke of the House of Commons, and printed by their Order.

Fookes (as soon as he returned to Hull) discovered all to Sir Iohn Hotham, and he derived it to the House of Commons, as is said, and they upon this evidence sent their Sergeant at Armes, or his Messenger to apprehend Beckwith as a Delinquent, who upon notice of the trea­chery [Page 92] of his Son-in-law, durst not stay at his house, but removed to Yorke.

The Messenger, with the confidence of his Masters, boldly came thither, and finding the Gentleman in the Court, and in the Garden where the King himself was walking, had the presumption to serve the Warrant up­on him, and to claim him as his Prisoner; it was indeed a great wonder that the Messenger was not very severely handled, but the reverence to the King's Person preser­ved him, who bore no reverence to it; and His Majesty being informed what had hapned, called for the Fellow, and having seen his Warrant, bid him return to those that sent him, and forbear committing the like insolen­cy, lest he fared worse; this was the beating their Mes­senger, and this the protection Mr. Beckwith had; nor was there ever any Posse Comitatus raised, the High She­riffe daily waiting on His Majesty, and observing the Orders he received from Him, according to the duty of his office.

Whatever this offence had been, it was never knowne (before this Parliament) that the Messenger of either House ever presumed to serve a warrant within the King's Court, much lesse in his Presence; which whilst loyalty and duty were in reputation, was held too sacred for such presumptions; the Law confessing such priviledges and exemptions to be due to those places, That the Lord can­not Dyer fo. 60. b. pl. 23. seize his Villaine in the King's presence, because the presence of the King is a sanctuary unto him, saies my Lord Dyer.

For the matter it self, sure there is no man yet that will avow himself to be so much out of his wits, as to say, that the King should have suffered Mr. Beckwith to be [Page 93] carried to Westminster, as a Delinquent for doing the part of a good Subject; and to be tried by those, who owned the Treason that was committed, nor can there be one person named, whom they sent for as a Delin­quent, and the King protected; except those who had been a yeare together attending upon them and deman­ding justice; or those against whom nothing was obje­cted, but that they waited on and attended his Majesty: For the Traytors and Felons, they were only to be found within their owne verge; and protected by their owne priviledges.

Very few lines will serve here, to take notice of the dif­ference between the King's usage of their Messengers, and their usage of the King's; their Messenger sent by them on an unlawfull imployment, to apprehend a per­son they had no power to send for, and for a crime of which (if he had been guilty) they had no cognisance, and executing their commands in an unlawfull manner, and in a place, where he ought not to have done it, though the command had been just, was by the King fairly dismissed without so much as imprisonment or re­straint: The Kings Messenger sent by his Majesty with aDaniel Knive­ton. legall Writ to London, for the adjournment of the Tearme, which is absolutely in the King's power to do, and can be regularly done no other way, for performing his duty in this Service, according to his Oath, and for not doing whereof he had been punishable, and justly forfeited his place without any other crime objected to him, was taken, imprisoned, tried at a Court of War, by them condemned to be hanged, and was executed according­ly: That bloud will cry aloud.

But they say, with those Guards, Cannon, and Armes, from beyond Sea, the King attempted to force Hull in a ho­stile [Page 94] manner, and that within few daies after that solemne Protestation at Yorke.

What the Protestation was, is before set downe, and his Majesties published resolution in this point, before that Protestation; nor did his Majesty ever conceal his purpose in this or other cases of that nature, or disguised his purpose with any specious promises or pretences, but plainly told them, and the world, what they were to ex­pect at his hands.

To their expostulatory and menacing Petition delive­red to his Majesty at his first comming to Yorke, on the 26 of March, the King in his Answer used these words, As we have not, nor shall refuse any way agreeable to justice Ex. Col. p. 128. or honour, which shall be offered to Us for the begetting a right understanding between Us, so We are resolved, that no straits or necessities (to which We may be driven) shall ever compell Us to doe that, which the reason and under­standing that God hath given Us, and Our honour and in­terest, with which God hath trusted Us for the good of Our Posterity and Kingdomes shall render unpleasant and grie­vous to Us.

In this second Message concerning Hull, the second day after the Gates were shut against him, his Majesty uses these words, If We are brought into a condition so much Ex. Col. p. 156. worse then any of Our Subjects, that whilst you all enjoy your priviledges, and may not have your possessions disturbed, or your titles questioned, We only may be spoiled, thrown out of Our Townes, and Our goods taken from Us, 'tis time to exa­mine how We have lost those priviledges, and to trie all pos­sible waies, by the help of God, the Law of the Land, and the affection of our good Subjects to recover them, and vin­dicate Our self from those injuries.

In his reply to their Answer concerning Sir Iohn Ho­tham, [Page 95] presented to him on the 9 of May, his Majesty told them, that He expected that they would not put the Militia Ex. Col. p. 192. in execution, untill they could shew Him by what Law they had authority to do the same without His consent; or if they did, He was confident, that He should find much more obe­dience according to Law, then they against Law.

Lastly, in his Answer to a Declaration of the 21 of Iune, 1642. (about a fortnight before his going towards Hull with his Guards) his Majesty told them plainly,Ex. Col. p. 380. That the keeping Him out of Hull by S^r John Hotham, was an act of High Treason against him, and the taking away his Magazine and Munition from him, was an act of violence upon him (by what hands, or by whose directions soever it was done) and in both cases by the help of God and the Law he would have justice, or lose his life in the requiring it; so that certainly the King never concealed or dissembled his purposes, and accordingly he did indeed toward the middle of Iuly, go with his Guards to Beverly, having some reason to believe, that Sir Iohn Hotham had repen­ted himself of the crime he had committed, and would have repaired it as far as he had been able, of which fai­ling (to his own miserable destruction) without attem­pting to force it his Majesty again returned to Yorke.

Having made it now plainly appear how falsly and groundlesly his Majesty is reproached with the least ter­giversation or swarving from his promises or professions (which no Prince ever more precisely and religiously observed) it will be but a little expence of time, again to examine how punctuall these conscientious reprehenders of their Soveraigne, have been in the observation of what they have sworn or said.

In the first Remonstrance of the House of Commons, of the State of the Kingdome they declare, that it is farEx. Col. p. 19.[Page 96] from their purpose or desire to let loose the golden reines of discipline and government in the Church, to have private persons, or particular Congregations to take up what forme of divine Service they please; for (they said) they held it requisite that there should be throughout the whole Realme, a conformity to that Order which the Laws enjoyne.

In their Declaration of the 19 of May, speaking of the Bill for the continuance of this Parliament, they say, We Ex. Col. p. 203. are resolved, the gratious favour His Majesty expressed in that Bill, and the advantage and security which thereby we have from being dissolved, shall not encourage us to do any thing, which otherwise had not been fit to have been done.

In the conclusion of their Declaration of the 26 of May, 1642. apprehending very justly that their expressions there would beget at least a great suspition of their loy­alty, they say, They doubt not but it shall in the end appear Ex. Col. p. 281. to all the world, that their endeavours have been most hear­ty and sincere, for the maintenance of the true Protestant Re­ligion, the Kings just Prerogatives, the Lawes and Liberties of the Land, and the Priviledges of Parliament, in which endeavours by the grace of God, they would still persist, though they should perish in the worke.

In their Declaration of the 14 of Iune, 1642. the Lords and Commons doe declare, That the designe of those Pro­positions Ex. Col. p. 376. (for Plate and Money) is to maintain the Prote­stant Religion, the King's Authority and Person in His Roy­all dignity, the free course of Iustice, the Laws of the Land, the Peace of the Kingdome, and Priviledges of Parlia­ment.

As they have observed these and other their professi­ons to the King and the Publique, so they have as well kept their promises to the people; in their Propositions of the 10 of Iune, 1642. for bringing in Mony or Plate, [Page 97] the Lords and Commons do declare, That no mans affe­ction Ex. Col. p. 340. shall be measured according to the proportion of his offer, so that he expresse his good will to the Service in any proportion whatsoever; the first designe was to involve as many as they could in the guilt, how small soever the supply was, but on the 29 of November following, the same Lords and Commons appointed Six persons, who, Ex. Col. p. 765. or any Four of them should have power to assesse all such persons as were of ability and had not contributed, and all such as had contributed yet not according to their ability to pay such summe or sums of mony, according to their estates, as the Assessors or any Four of them should think fit and rea­sonable, so as the same exceeded not the twentieth part of their Estates.

Infinite examples of this kind may be produced, which are the lesse necessary, because whosoever will take the pains, to read their own Declarations, and Ordinances, shall not be able to find, one protestation or profession made by them to God Almighty in the matter of Religion, or to the King in point of duty and obedience, or one promise to the people in matter of Liberty, Law, and Iustice, so neer pursued by them, as that they have ever done one composed Act in Order to the performance of either of them: which very true assertion shall conclude this Answer to that re­proach of his Majesties, not having made good his Pro­testations.

21. The next Charge is, That His Majesty proclaimed Pag. 35. them Traytors and Rebels, setting up His Standard against the Parliament, which never any King of England (they say) did before Himself.

His Majesty never did nor could proclaime this Parlia­ment Traytors, he well knew (besides his own being the head of it) that four parts of five of the House of Peers [...] [Page 96] [...] [Page 97] [Page 98] were never present at any of those trayterous conclusions, and that above a major part of the House of Commons was alwaies absent, and that of those who were present, there were many, who still opposed or dissented from every unlawfull act, and therefore it were very strange, if all those innocent men of whom the Parliament consi­sted as well as of the rest, should have been proclaimed Rebels and Traytors for the acts of a few seditious per­sons, who were upon all occasions named; and if the Parliament were ever proclaimed Traytors, it was by them only who presumptuously sheltred their rebellious acts, under that venerable name, and who declared, that whatsoever violence should be used either against those, who Ex. Col. p. 376. exercise the Militia, or against Hull, they could not but be­lieve it as done against the Parliament. They should have named one person proclaimed Rebell or Traytor by the King, who is not adjudged to be such by the Law.

The King never proclaimed Sir Iohn Hotham Traytor (though it may be he was guilty of many treasonable acts before) till he shut the Gates of Hull against him, and with armed men kept his Majesty from thence, and be­sides the concurrent testimony of all Judgments at Law, it appears and is determined by the Lord Chief Justice Coke (published by the House of Commons this Parlia­ment) in his Chapter of High Treason, That if any with strength and weapons invasive and defensive doth hold and defend a Castle or Fort against the King and His power, this is leavying of War against the King within the Statute of the 25 year of Edw. 3.

The King proclaimed not those Rebels or Traytors, who Voted, That they would raise an Army, and that the Earl of Essex should be Generall of that Army (what ever he might have done) nor the Earle of Essex himself [Page 99] a Traytor upon those Votes, untill he had accepted that title and command of Captaine Generall, and in that qua­lity appeared amongst the Souldiers, animating and en­couraging them in their trayterous and rebellious designes, as appears by his Majesties Proclamation of the 9 of Au­gust, 1642. by which he was first proclaimed Traytor: and there was no other way to clear the Earle of Essex from being guilty of Treason by that act of his, within the expresse words of the 2 Chapter of the 25 yeare of King Edw. 3. but by declaring, that by leavying war a­gainst our Lord the King in his Realme (which in that Sta­tute is declared to be high Treason) is meant leavying war against the Parliament, and yet Mr. St. Iohn observed in his Argument against the Earle of Strafford, printed by Order, that the word KING in that Statute must be understood of the King's naturall person, for that per­son can onely die, have a Wife, have a Son, and be im­prisoned.

The Lord chief Justice Coke in his Commentary upon that Statute, saith, If any leavy War to expulse Strangers, to deliver men out of Prisons, to remove Counsellours, or against any Statute, or to any other end, pretending Refor­mation, of their own head, without any warrant, this is lea­vying war against the King, because they take upon them Royall authority, which is against the King; and that there3 Part. Instis. fol. 9. may be no scruple, by that expression without warrant, the same Author saies, in the same place, and but few lines preceding, that no Subject can leavy War within the Realm without authority from the King, for to him it only belongeth.

Preparation by some overt act to depose the King, or to Id. fol. 12. take the King, by force and strong hand, and to imprison Him, untill he hath yeilded to certain demands, this is a suf­ficient [Page 100] overt act to prove the compassing and imagination of the death of the King, for this is upon the matter to make the King a Subject, and to disspoyle Him of His King­ly Office of Royall government, as is concluded by the same reverend Authour, and likewise, that to rise to alter Id. fol. 9. Religion established within the Kingdome, or Lawes, is Treason.

These Declarers cannot name one person proclaimed a Rebell or Traytor by the King, who was not confes­sedly guilty of at least one of these particulars: and being so, the King did no more then by the Law He ought to doe; and Mr. St. Johns acknowledged in his ArgumentFol. 7. against the Earle of Strafford, that he that leavies War a­gainst the Person of the King, doth necessarily compasse His death; and likewise that it is a War against the King, when intended for the alteration of the Lawes or Government in any part of them, or to destroy any of the great Officers of the Kingdome.

For the setting up the Standard, it was not till those persons, who bearing an inward hatred and malice a­gainst his Majesties Person and Government had raised an Army, and were then trayterously and rebelliously marching in battle-array against his Majesty their Liege Lord and Soveraigne, as appears by his Majesties Pro­clamation of the 12 of August, 1642. in which He de­clared His purpose to erect His royall Standard; and after they had with an Army besieged his Majesties an­tient standing Garrison of Portsmouth, and required the same (in which the King's Governour was) to be deli­vered to the Parliament; and after they had sent an Ar­my of Horse, Foot, and Cannon, under the command of the Earle of Bedford into the West, to apprehend the Marquesse of Hertford, who was there in a peaceable [Page 101] manner without any Force, till he was compelled to raise the same for his defence, and to preserve the peace of those Counties, invaded by an Army; and then when his Majesty was compelled for those reasons to erect his Standard, with what tendernesse He did it towards the two Houses of Parliament, cannot better appear then by His owne words, in his Declaration published the same day on which that Proclamation issued out, which are these, What Our opinion and resolution is concerning Par­liaments Ex. Col. p. 561. We have fully expressed in our Declarations; We have said, and will still say, they are so essentiall a part of the constitution of this Kingdome, that We can attaine to no happinesse without them, nor will We ever make the least attempt (in Our thought) against them; We well know that Our self and Our two Houses make up the Parliament, and that We are like Hipocrates Twins, We must laugh and cry, live and die together; that no man can be a friend to the one, and an enemy to the other; the injustice, injury, and violence offered to Parliaments is that which We prin­cipally complaine of; and We again assure all Our good Sub­jects, in the presence of Almighty God, that all the Acts passed by Us this Parliament shall be equally observed by Us, as We desire those to be which do most concern Our Rights; Our quarrell is not against the Parliament, but against par­ticular men, who first made the wounds, and will not suffer them to be healed, but make them deeper and wider by contri­ving, fostering, and fomenting mistakes and jealousies be­twixt body and head, Us and the two Houses, whom We name, and are ready to prove them guilty of High Trea­son, &c. And then his Majesty names the persons.

This was the King's carriage towards, and mention of, the Parliament; very different from theirs, who are now possessed of the Soveraigne power; the Army; who in [Page 102] their Remonstrance of the 23 of June last, use these words, We are in this case forced (to our great grief of heart) thus plainly to assert the present evill and mischief, together with the future worse consequences of the things lately done, even in the Parliament it self, which are too evident and visible to all, and so in their proper colours to lay the same at the Parliament Dores, untill the Parliament shall be pleased either of themselves to take notice and rid the House of those, who have any way mis-informed, delu­ded, surprized, or otherwise abused the Parliament to the passing such foule things there, or shall open to us and others some way, how we may, &c. which would not have been mentioned here, if they had been onely the extravagant act, and words of the Army, but they are since justified, and made the words of the two Houses by their decla­ring in their late Declaration of the 4 of March, in An­swer to the Papers of the Scots Commissioners, That if Pag. 88. there be any unsound principles in relation to Religion or the State in some of the Army, as in such a body there usually are some extravagant humours, they are very injuriously charged upon the whole Army, whereof the governing part hath been very carefull to suppresse, and keep down all such peccant humours, and have hitherto alwaies approved them­selves very constant and faithfull to the true interest of both Kingdomes, and the cause wherein they have engaged, and the persons that have engaged therein; so that this Re­monstrance, being the Act of the Generall, Lieutenant-Generall, and the whole Councell of War, (which is sure the governing part) it is by this Declaration fully vindicated to be the Sense of the two Houses.

22. The setting up a mock Parliament at Oxford toPag. 35. oppose and protest against the Parliament of England, which his Majesty and both Houses had continued by [Page 103] Act of Parliament, is in the next place objected against his Majesty.

There was neither reall nor mock Parliament set up at Oxford, but when the King found that most of the Mem­bers of either House were driven from Westminster by force as his Majesty had been, and yet that the authority and reputation of Parliament was applied for the justifi­cation of all the rebellious Acts which were done, even to the invitation of Forain power to invade the King­dome; as well for the satisfaction of His people that they might know how many of the true Members of Parliament abhorred the acts done by that pretended authority; as for His owne information, his Majesty by his Proclamation of the 22 of Decemb. in the year, 1643. invited all the Members of both Houses, who had been driven, or (being conscious of their want of freedome) had withdrawn from Westminster, to assemble at Oxford upon the 22 of January following, when (He said) all His good Subjects should see how willing He was to receive advice for the Religion, Laws, and safety of the Kingdome, from those whom they had trusted, though He could not re­ceive it in the place where He had appointed; Upon which Summons and Invitation by his Majesty, eight and forty Peers attended his Majesty, there being at least twenty others imployed in his Armies, and in the severall Coun­ties, whose attendance was dispenced with, and nine o­thers in the parts beyond the Seas, with his Majesties leave; and of the House of Commons above one hun­dred and forty, there being likewise absent in the Armies neer thirty more, who could not be conveniently present at Oxford.

When his Majesty found the appearance so great, and so much superiour in number, as well as quality, to those [Page 104] at Westminster, He hoped it would prove a good expedi­ent to compose the minds of the other to a due conside­ration of the misery, into which they had brought their Country; and referred it to them to propose any advice, which might produce so good an effect; what addresses and overtures were then made by them, and afterwards by His Majesty to perswade them to enter upon any Treaty of Peace, and with what contempt and scorne the same was rejected, will be too long to insert here, and is sufficiently known to the world; thereupon this body of Lords and Commons published a Declaration to the Kingdome, at large setting forth the particular acts of violence, by which they had been driven from Westminster, and by which the freedome of Parliament was taken away, and then declared how much they ab­horred the undutifull and rebellious acts, which were countenanced by those who staid there, and declared their own submission and allegiance to his Majesty; and in the end concluded, That as at no time either or both Houses of Parliament can by any Orders or Ordinances im­pose upon the people without the King's consent, so by reason of the want of Freedome and Security for all the Members of the Parliament to meet at Westminster, and there to sit, speak, and vote with freedome and safety, all the Actions, Votes, Orders, Declarations and pretended Ordinances made by those Members who remaine still at Westminster were void and of none effect; yet they said they were far from at­tempting the dissolution of the Parliament, or the violation of any Act made and confirmed by his Majesty, but that it was their grief in the behalf of the whole Kingdome, that since the Parliament was not dissolved, the power thereof should by the treason and violence of those men, be so far suspended, that the Kingdome should be without the fruit [Page 105] and benefit of a Parliament, which could not be reduced to any action, or authority, till the liberty and freedome due to the Members should be restored and admitted; which De­claration hath not onely ever received any Answer, but with great care hath not been suffered to be printed in the last Collection of Orders and Declarations, where the other proceedings at Oxford of that time are set forth, that the people may lose that evidence against them, which can never be answered or evaded.

This was that Assembly, which these Declarers call the mock Parliament at Oxford, and these the proceedings of it; of the justice and regularity whereof, if there could have been heretofore any doubt made, the same is lately vindicated sufficiently by both Houses: for if those Lords and Commons at Oxford might not justifiably absent themselves from Westminster, where their safety and free­dome was taken from them; by what right or authority could a smaller number withdraw themselves in July last upon the same pretence? and if that body of Lords and Commons regularly convened by his Majesties Au­thority to Oxford, who had first called them together at Westminster, might not declare the Acts made by those who remained at Westminster void and of none effect, be­cause they might not attend there and Vote with free­dome and safety; by what imaginable authority could the Speaker of the House of Commons (who hath no more freedome or power to make any such Declaration, then every single Member of the House) declare, that such and such Votes passed in the House were void and null? and that the omission of a circumstance or some formality in the adjournment of the Houses could not be any prejudice to the future meetings and proceedings of Parliament, when it might meet and sit again as a free Parliament, as he did by [Page 106] his own single Declaration in July last: whereupon that powerfull Umpire (the Army) very frankly declared,Decl. and Pa­pers of the Ar­my, p. 127. That all such Members of either House of Parliament, as were already with the Army for the security of their per­sons and were forced to absent themselves from Westmin­ster, that they should hold and esteem them, as persons in whom the publique trust of the Kingdome was still remain­ing, though they could not for the present sit as a Parlia­ment with freedome and safety at Westminster, and by whose advice and counsels they desired to governe them­selves in the managing those weighty affairs; and to that end invited them to make their repair to the Army, and said, they held themselves bound to own that honourable act of the Speaker of the House of Commons, who had actually withdrawn himself, and they engaged to use their utmost and speedy endevour, that he and those Members of either House, that were then inforced any way from Westminster, might with freedome and security sit there, and againe dis­charge their trust, as a free and legall Parliament; and in the meane time, they did declare against that late choice of a new Speaker by some Gentlemen at Westminster, as contra­ry to all right, reason, law, and custome, and professed them­selves to be most cleerly satisfied in all their judgments, and were confident the Kingdome would therein concur with them; that as things then stood, there was no free nor le­gall Parliament sitting, being through the foresaid violence at present suspended; and that the Orders, Votes, or resolu­tions forced from the Houses on Munday the 26 of July last, as also all such, as should passe in that Assembly of some few Lords and Gentlemen at Westminster, under what pretence and colour soever, were void and null, and ought not to be submitted to by the free-borne Subjects of England.

It is not denied, that the presentation of those humble [Page 107] desires of the young men and Apprentices of the City of London to both Houses on the 26 of Iuly last, by which they compelled them to reverse and repeale two severall Acts of both Houses passed but three daies before, was most destructive to the priviledge and freedome of Par­liament; and no question the Speakers and Members of both Houses had good reason to withdraw and absent themselves upon that violation; but it is affirmed, that the freedome of Parliament, was as much obstructed by severall other acts preceding, as it was on the 26 of Iuly last; and that the Members of both Houses, who atten­ded his Majesty at Oxford, had as great reason to with­draw themselves, and at least, as much authority to de­clare their want of freedome, as the Speaker and the o­thers had then, or the Army to declare on their be­halfs.

When the Tumults brought down by Manwaring and Ven, compelled the House of Peers to passe the Act of At­tainder against the Earle of Strafford, to which the fifth part of the Peers never consented, (the rest being driven from thence) and afterwards so absolutely forced his Ma­jesty to signe it, that it cannot be called His Act, His hand being held and guided by those who kept Daggers at His Breast, and so His royall name affixed by them; and it being told Him at His Counsell board, by those who were sworn to defend Him from such violence, that if it were not done in that instant, there would be no safety for Himself, His royall Consort, or His Progeny, the Rabble having at that time besieged His Court: The freedome of Parliament was no lesse invaded, then it was on the 26 of Iuly last.

When the same Captain Ven, then a Member of the House of Commons (in November and December, 1642.) [Page 108] sent notes in writing under his hand into the City, that Decl. Lords & Commons, Oxf. f. 8▪ 9. the people should come downe to Westminster, for that the better part of the House was like to be over-powred by the worser part, whereupon at that time and some daies after multitudes of the meanest sort of people, with Weapons not agreeing with their condition, or custome, in a manner contrary and destructive to the priviledge of Parliament, filled up the way between both Houses, offring injuries both by words and actions to, and laying violent hands upon se­verall Members, proclaiming the names of severall of the Peers, as evill and rotten hearted Lords, crying many howers together against the established Laws in a most tu­multuous and menacing way; and when this act was com­plained of to the House of Commons, and Witnesses offered to prove Capt. Ven guilty of it; and a Fellow who had as­saulted and reproached a Member of the House of Commons in those Tumults coming again to that Bar with a Petition shewed, and complained of to that House; and yet in neither of these cases, justice, or so much as an Examination could be obtained, and when these proceedings were so much coun­tenanced by particular Members, that when the House of Peers complained of them as derogatory to the freedome as well as dignity of Parliament; Mr. Pim said, God forbid we should dishearten our friends, who came to assist us: no doubt the freedome and safety of the Parliament was no lesse in danger and violated then it was on the 26 of Iu­ly last.

When in Ianuary, 1642. (after the first Proposition concerning the Militia was brought to the House of Peers, and by them rejected) a Petition was brought in a tumultuous manner to the House of Lords, in the name of the Inhabitants of Hertford-shire, desiring liberty to protest against all those as enemies to the Publique, who re­fused [Page 109] to joyne with the Honourable Lords, whose endevours were for the publique good, and with the House of Commons for the putting the Kingdome into a posture of safety under the command of such persons, as the Parliament should ap­point; when other Petitions of that nature, and in the same manner delivered, were presented to that House, concluding that they should be in duty obliged to maintain their Lordships, so far as they should be united with the House of Commons in their just and pious proceedings; when at the same time a Citizen accompanied with ma­ny others said at the Bar of the House of Commons, without reprehension, That they heard there were Lords, who refused to consent and concur with them, and that they would gladly know their Names.

When that signall Petition of many thousand poor people was delivered to the House of Commons, which took notice of a Malignant faction, that made abortive all their good motions, and professed that unlesse some speedy remedy were taken for the removing all such obstructions, as hindred the happy progresse of their great endevours, the Petitioners would not rest in quietnesse, but should be forced to lay hold on the next remedy, that was at hand to remove the disturbers of the peace; and when that monstrous Pe­titionIb. p. 12. was carried up to the House of Peers, by an emi­nent Member of the Commons, as an Argument to them to concur with the Commons in the matter of the Militia; and that Member desired, That if the House of Commons was not assented to in that point▪ those Lords who were willing to concur, would find some means to make themselves known, that it might be known, who were against them, and they might make it known to those who sent them: Upon which Petition so strangely framed, countenanced, and seconded, many Lords thereupon [Page 110] withdrawing themselves, in pure fear of their lives, the Vote in Order to the Militia twice before rejected, was then passed: The freedome of Parliament was as abso­lutely invaded, as it was on the 26 of July last.

In August, 1643. the House of Commons agreed, af­ter a long and solemn debate to joyne with the Lords in sending Propositions of Peace to the King; the next day printed Papers were scattered in the Streets, and fixed upon the publique places both in the City, and the Sub­urbs, requiring all persons wel-affected, to rise as one man, and to come to the House of Commons next morning, for that 20000 Irish Rebels were landed; which direction and information was that day likewise given in Pulpits by their seditious Preachers; and in some of those Papers it was subscribed, that the malignant Party had over-voted the good, and if not prevented, there would be Peace; a Common Councell was called late at night, though Sunday, and a Petition there framed against Peace, which was the next morning brought to the House, countenan­ced by Alderman Penington, who (being then Lord Ma­jor of London) that day came to the House of Com­mons, attended with a great multitude of mean persons, who used threats, menaces, and reproaches to the Mem­bers of both Houses; their Petition took notice of Pro­positions passed by the Lords for Peace, which (if allowed) would be destructive to Religion, Laws, and Liberties, and therefore desired an Ordinance according to the tenour of an Act of their Common Councell the night before; Thanks were given by the Commons, whilst the Lords com­plained of the Tumults, and desired a concurrence to suppresse them, and to prevent the like, many of the people telling the Members of both Houses, that if they had not a good Answer, they would be there the next day, [Page 111] with double the number: by these threats, and this vio­lence, the Propositions formerly received were rejected, and all thoughts of Peace laid aside: and then surely the freedome of Parliament was as much taken away, as on the 26 of Iuly last.

In a word, when the Members of both Houses were compelled to take that Protestation, to live and die with the Earle of Essex, and some imprisoned and expelled for refusing to take it; when they were forced to take that sacred Vow and Covenant of the 6 of Iune, 1643. by which they swore, that they would to their power assist the Forces raised and continued by both Houses of Parliament against the Forces raised by the KING; when they were compelled to take the last solemn League and Cove­nant, that Oath Corban, by which they conceive them­selves absolved from all obligations divine and humane, as their Predecessours (the Jewes) thought they were discharged by that (though they had bound themselves) not to help or relieve their Parents; and lastly, when the Army marched to London in the beginning of August last, in favour of the Speakers and those Members, who had resorted to them, and brought them back to the Houses, and drove away some, and caused others of the Members of a contrary Faction to be imprisoned, and expelled the Houses, the liberty and freedome of Par­liament was no lesse violated and invaded, then it was on the 26 of Iuly last.

Upon these reasons, and for want of the freedome so many severall waies taken from them, those Lords and Commons, who attended his Majesty at Oxford, had withdrawne themselves from Westminster, and might then, as truly and more regularly have said, what the Army since with approbation and thanks have said, on [Page 112] the 22 of Iune last, That the freedome of this Parliament Decl. and Pa­pers of the Ar­my, p. 53. is no better, then that those Members, who shall according to their consciences endeavour to prevent a War, and act contrary to their waies; who (for their owne preservation) intend it, they must do it with the hazard of their lives: which being a good reason for those lately to go to St. Albons or Hounslow heath, cannot be thought lesse ju­stifiable for the other to go to Oxford.

Since this objection of calling the Members of Parlia­ment to Oxford is not of waight enough to give any ad­vantage against his Majesty to His Enemies, they endea­vour to make their entertainment and usage there very reproachfull with His friends, and would perswade them to believe themselves derided in that expression of the Kings in a Letter to the Queen, where He calls them a Mungrell Parliament, by which they infer, what reward His own Party must expect, when they have done their utmost to shipwrack their faith and conscience to his will and tyranny.

Indeed they, who shipwrack their faith and conscience have no reason to expect reward from the King, but those Lords and Gentlemen who attended his Majesty in that convention well know, that never King received advice from His Parliament with more grace and can­dor, then his Majesty did from them; and their consci­ences are too good to think themselves concerned in that expression, if his Majesty had not Himself taken the pains to declare to what party it related; besides, it is well known, that some who appeared there with great professions of loyalty, were but Spies, and shortly after betrayed his Majesties service, as Sir John Price and o­thers in Wales, and some since have alleaged in the House of Commons, or before the Committee for their de­fence [Page 113] to the Charge of being at Oxford at that Assem­bly, That they did the Parliament more service there, then they could have done at Westminster; So that the KING had great reason to think He had many Mungrels there.

23. The last Charge is the making a Pacification in Pag. 36. Ireland▪ and since that a Peace; and granting a Com­mission to bring over ten thousand Irish to subdue the Par­liament, and the rebellious City of London, and the condi­tions of that peace.

That loud clamour against the Cessation in Ireland was so fully & clearly answered by the King's Cōmissioners at the Treaty at Uxbridge, that there can no scruple re­main with any, who have taken the pains to read the trans­actions in that Treaty; it plainly appears, that the King could not be induced to consent to that Cessation, till it was evident that His Protestant Subjects in that King­dome could not be any other way preserved; The Lords Justices and Councell of that Kingdome signified to the Speaker of the House of Commons by their Letter of the 4 of April, (which was above six Months before the Cessation) That his Majesties Army and good Subjects Relat. of the Treaty, p. 141. there, were in danger to be devoured for want of needfull supplies out of England, and that His Majesties Forces were of necessity sent abroad, to try what might be done for sustaining them in the Country, to keep them alive till sup­plies should get to them, but that designe failing them, those their hopes were converted into astonishment, to behold the miseries of the Officers and Souldiers for want of all things, and all those wants made insupportable in the want of food, and divers Commanders and Officers declaring they had little hope to be supplied by the Parliament, pressed with so great importunity to be permitted to depart the Kingdome, as that it would be extreame difficult to keep them there, [Page 114] and in another part of that Letter, they expressed, that they were expelling thence all Strangers, and must instantly send away for England thousands of poor dispoyled English, whose very eating was then insupportable to that place, that their confusions would not admit the writing of many more Letters, if any, (for they had written divers others ex­pressing their great necessities:) And to the end His Ma­jesty and the English Nation, might not irrecoverably and unavoidably suffer, they did desire, that then (though it were almost at the point to be too late) Supplies of Victuall and Ammunition in present might be hastened thither to keep life, untill the rest might follow, there being no Victuall in the Store, nor a hundred Barrels of Powder (a small pro­portion to defend a Kingdome) left in the Store, when the out-Garrisons were supplied, and that remainder according to the usuall necessary expence besides extraordinary acci­dents would not last above a Month; and in that Letter they sent a Paper signed by sundry Officers of the Army delivered to them, as they were ready to signe that di­spatch, and by them apprehended to threaten imminent danger; which mentioned that they were brought to that great exigent, that they were ready to rob and spoile one ano­ther, that their wants began to make them desperate; That if the Lords Justices and Councell there did not find a spee­dy way for their preservation, they did desire, that they might have leave to go away; that if that were not gran­ted, they must have recourse to the law of nature, which teacheth all men to preserve themselves.

The two Houses, who had undertaken to carry on that War, and received all the Mony raised for that Service, neglecting still to send supplies thither; the Lords Ju­stices, and Councell by their Letters about the middle of May, advertised the King, That they had no Victuall, [Page 115] Cloths, or other provisions, no Mony to provide them of any thing they want; no Armes, not above forty Barrels of Pow­der; no strength of serviceable Horse; no visible means by Sea or Land of being able to preserve that Kingdome. And by others of the 4 of Iuly, that his Armies would be forced Coll. Ord. 2. vol. p. 344. through wants to disband or depart the Kingdome, and that there would be nothing to be expected there, but the instant losse of the Kingdome, and the destruction of the remnant of his good Subjects yet left there.

This was the sad condition of that miserable King­dome, to whose assistance his Majesty was in no degree (of Himself) able to contribute; and His recommenda­tion and interposition to the two Houses, whom He had trusted, was so much contemned, that when upon their Order to issue out, at one time, one hundred thousand pounds of the Monies paid for Ireland, to the supply of the Forces under the Earl of Essex, (albeit it was enacted by the Law upon which those Monies were raised, that no part of it should be imployed to any other purpose then the reducing the Rebels of Ireland) His Majesty by a speciall Message advised and required them to retract that Or­der, and to dispose the Monies the right way, the neces­sities of Ireland being then passionately represented by those upon the place, they returned no other satisfaction or Answer to his Majesty, but a Declaration, That those Ex. Col. p. 57 [...]. directions given His Majesty for the retracting of that Or­der, was a high breach of priviledge of Parliament.

When His Majesty perceived that no assistance was, or was like to be applied to them, and that the Enemy still increased in strength & power, He referred the conside­ration and provision for themselves, to those, whose safe­ties and livelyhoods were most immediately concerned, and who were the nearest witnesses of the distresses, and [Page 116] the best Judges, how they could be borne, or how they were like to be relieved; and so with the full advice and approbation of the Lords Justices and Councell there, and concurrent opinion of all the chief Officers of the Army, that Cessation was made, by which onely the Protestants in that Kingdome, and His Majesties interest there could at that time have been preserved.

Of this Cessation, neither His Majesties good Subjects in that or this Kingdom, have reason to complain. Exa­mine now the peace, which they say was afterwards made, on such odious, shamefull, and unworthy conditi­ons, that His Majesty Himself blushed to owne, or im­part to His owne Lieutenant the Earle of Ormond, but a private Commission was made to the Lord Herbert to manage it.

Whilst the King had any hope of a tolerable peace in this, or a probable way of carrying on the War in that Kingdome, He never gave a Commission to conclude a peace there, and it plainly appears by the relation of the Treaty at Uxbridge, (to the truth of which there hath not been the least objection) the Acts of the Commis­sioners of both sides being extant, that there was no ex­pedient proposed (though desired often on the King's party) for the proceeding in that War, but that His Ma­jesty would quit absolutely all His Regall power in that Kingdome, and so put all His Subjects there (English and Irish) out of His protection, into that of the two Houses of Parliament here, who at the same time were fighting for the same Supremacy in this, and who had at the same time disposed a greater power thereof to the Scots, then they reserved to themselves; it concerned the King then in piety and policy, in His duty to God and man, to endevour to preserve that Kingdom by a peace, [Page 117] which He could not reduce by a war, and to draw from thence such a body and number of His own Subjects, as might render Him more considerable to those, who, ha­ving put off all naturall allegiance, and reverence to his Majesty, looked only what power and strength, and not what right He had left.

The peace that was concluded, was upon such tearms and conditions, as were in that conjuncture of time just and honourable; and when it could not be continued without yeilding to more shamefull and lesse worthy conditions, the Marquesse of Ormond, his Majesties Lieu­tenant of that Kingdome, (who had the sole and intire authority from his Majesty to conclude a peace, and a­gainst whom all their envy, and all their malice, hath not been able to make the least objection) best knowing his Masters mind, chose rather to make no peace, and to trust providence with his Majesties Rights, then to con­sent to such Propositions; nor had the Lord Herbert ever any Commission to make a peace there, but being a person, whose loyalty and affection to his service, the King had no reason to suspect, and being of the same Religion with the Enemy, might have some influence upon them, was qualified with such a testimony, as might give him the more credit amongst them to per­swade them to reason: His restraint and commitment was very reall by the whole Councell board there, though when it appeared that his errors had proceeded from unskilfulnesse and unadvisednesse, and not from malice, he was afterwards inlarged by the same power.

The unnaturall conclusions and inferences these men make from what the King hath said or done, applying actions done lately, to words spoken seven years before, cannot cast any blemish upon the Kings Religion, which▪ [Page 118] shines with the same lustre in Him, as it did in the primi­tive Martyrs; and even those Letters taken at Nazeby, (which no wise Rebel, or gallant Enemy would have published) will to posterity appear as great Monuments of His zeale to the true Protestant Religion, in those straits in which He was driven by those who professed that Religion, as any Prince hath left, or have been left by any Prince since Christianity was imbraced: And if that Religion should prosper with lesse vigour, then it hath done, and the Christian and Pagan world have lesse reverence towards it, then they have had, these Re­formers may justly challenge to themselves the honour and glory of that declension, and triumph in the re­proaches they have brought upon the most Orthodox Church, that hath flourished in any age since the A­postles time.

These Charges and reproaches upon the King, which have been now particularly examined and answered, and of which the world may judge, are aggravated by the King's so often refusing their addresses for peace; the truth of which suggestions (though for method sake the Order of their Declaration hath been inverted) must be now considered, and all of that kind, which is scattered and dis-jointed in the Declaration, shal for the same me­thod sake be gathered together and resolved; and in this Argument they seem to think, they are so much upon the advantage ground, that they are rather to make anPag. 7. Apology to the world, for having so often made Ad­dresses to their King, then for resolving to doe so no more; that is, for enduring so long to be Subjects, then for resolving hereafter to be so no more.

The truth is, they never yet made any one addresse for peace; onely somtime offered to receive his Crown, if [Page 119] his Majesty would give it up to them, without putting them to fight more for it, for other sense or interpreta­tion, no Propositions yet ever sent to Him can bear; and whereas they say, they must not be so unthankfull to God, as to forget they were never forced to any Treaty, it is affirmed, that there are not six Members, who concur in this Declaration, who ever gave their consent to any Treaty, that hath yet been, but when they were forced by the major part to consent to it, they were so unthank­full to God for the opportunity of restoring a blessed peace to their Country, that they framed such Proposi­tions, and clogged their Commissioners with such In­structions, as made any Agreement impossible.

Though no Arithmetique, but their own, can reckon those Seven times, in which they have made such appli­cations to the King, and tendred such Propositions, that Pag. 7. might occasion the world to judge, they had not only yeilded up to their wills and affections, but their reason also, and judgment, for obtaining a true peace and accommodation; yet it will be no hard matter shortly to recollect the o­vertures, which have bin made on both sides, and thence it may best appear whether the King, never yet offred any thing fit for them to receive, or would accept of any tender fit for them to make.

What Propositions were made by them to prevent the War, need not be remembred, who ever reads the nine­teen sent to Him to Yorke, will scarce be able to name one Soveraigne power, that was not there demanded from him; nor can they now make Him lesse a King, then He should have been, if He had consented to those.

After His Standard was set up, and by that his Ma­jesty had shewed that He would not tamely be stripped of His Royall power, without doing His best to defend [Page 120] it, He sent a Message before bloud was yet drawn from Nottingham, to desire that some fit persons might be in­abled Ex. Col. p. 579. by them, to treat with the like number, to be autho­rized by His Majesty, in such a manner, and with such free­dome of debate, as might best tend to that happy conclusion, which all good men desired, The peace of the Kingdome; to which gracious overture from His Majesty, the Answer was, that untill the King called in His Proclamations and [...]ag. 580. Declarations, and took down His Standard, they could give Him no Answer.

And at the same time published a Declar: to the King­dome, That they would not lay down their Arms, untill the King should withdraw His protection from all such persons, Ex. Col. p. 575. as had been voted by both Houses to be Delinquents; or should be voted to be such; that their Estates might be dispo­sed to the defraying of the charges the Common-wealth had been put to; And who they meant by those Delin­quents, they had in a former Declaration to the Inhabi­tants of York-shire expressed, that all persons should have reparation out of the Estates of all such persons in any part of the Kingdome whatsoever, who had withdrawn them­selves to Yorke, and should persist to serve the King, &c. This was one of their Applications, in which they had yeilded up their wills and affections, and their reason and judgment for obtaining peace.

They say, they have cause to remember that the King Pag. 9. somtimes denied to receive their humble Petitions for peace: the which they had rather should be believed in grosse, then trouble themselves with setting down the time, and manner when it was done; but out of their former wri­tings it is no hard matter to guesse what they meane: When the KING was at Shrewsbury, and the Earle of Essex at Worcester towards the end of September, 1642. [Page 121] the two Houses sent a Petition to their Generall, to be presented to His Majesty in some safe and honourable way; In which Petition they most humbly besought his Majesty, to withdraw His Person from His own Army, Ex. Col. p. 632. and to leave them to be suppressed by that power, which they had sent against them, and that He would in peace and safe­ty without His Forces return to His Parliament. The Earl of Essex by Letter to the Earle of Dorset, who then at­tended his Majesty, intimated that He had a Petition from both Houses to be delivered to his Majesty, and for that purpose desired a safe Conduct for those, who should be sent with it; The Earle of Dorset (by his Ma­jesties command) returned Answer, That as He had ne­ver refused to receive any Petition from His Houses of Par­liament, so He should be ready to give such a reception and Answer to this, as should be fit, and that the Bringers of it should come and go with safety, onely He required that none of those persons, whom He had particularly accused of High Treason (which at that time were very few) should by co­lour of that Petition be imployed to His Majesty. This An­swer was declared to be a breach of priviledge, and so that Petition, which (as His Majesty saies in His Answer to the Declaration of the 22 of October) was fitter to be Ex. Col. p. 699. delivered after a Battle and full Conquest of Him, then in the head of His Army, when it might seem somwhat in His power whether He would be deposed or no, was never delive­red to his Majesty, and this is the Petition, which they now say He somtimes denied to receive.

They say that when they desired Him to appoint a place for a Committee of both Houses to attend His Majesty with Propositions for Peace, He named Windsor, promising to abide thereabouts till they came to Him, but presently mar­ched forward so neer London, that He had almost surprized [Page 122] it, whilst He had so ingaged Himself for a Treaty.

This likewise refers to the Petition sent to his Majesty at Colebrooke; and all the circumstances were fully an­sweredEx. Col. p. [...]45. by his Majesty in his Declaration upon that oc­casion, when this aspertion was first unreasonably cast upon Him; It is true, after the Battle at Edge-hill, when they could no longer perswade their friends of the City, that the King's Forces were scattered, and their Army in pursuit of Him, but in stead thereof, they had preg­nant evidence, that his Majesties Army was marching towards them, and was possessed of Reading, whilst the Earl of Essex continued still at or about Warwicke, on the 2 of November, they resolved to send an Overture to his Majesty concerning Peace; and though it must not be said they were forced to that Addresse, yet truly who e­ver reads that Petition which was brought to his Majesty to Colebrooke, will be of opinion by the stile of it, that they were fuller of fear, or of duty, then they were when they rejected his Majesties offer from Notingham, or then they were ten daies after, or ever since: That Petiti­on was answered with all imaginable candor by his Ma­jesty; and Windsor chosen if they would remove their Garrison out of it, for the place of Treaty: But when the Messengers were returned, who made not the least mention of a Cessation, it appeared by sure intelligence that the Earl of Essex, who had the night before brought his Army to or neer London, after those Messengers were dispatched to his Majesty, had drawn a great part of his Forces, and the London Traine bands towards his Maje­sty, and sent others to Acton on the one side, and King­ston on the other; so that there being likewise a Garri­son at Windsor, if the King had staid at Colebrooke, He had been insensibly hemmed in, and surrounded by the [Page 123] Enemy; whereupon He took a sudden resolution to ad­vance to Brainceford; thereby to compell them to draw their Body together, & so making His way through that Towne with the defeat of a Regiment or two which made resistance there, and thereby causing those at Kingston to remove, the King went to His own House at Hampton Court, and having there in vaine expected the Commissioners from the Houses to Treat, retired to Reading, where He staid, till He found they had given over all thought of Treaty, and they sent Him a new scornfull Petition, to returne to His Parliament with His Royall, not His Martiall attendance.

In January following, the importunity of the City of London, and generall clamour of the people forced them to pretend an inclination to peace; and so they sent Pro­positions to his Majesty, which though but 14 in num­ber, contained the whole matter of the former 19. with an addition of some Bils ready passed the two Houses, to which His royall assent was demanded, one of which was for the extirpation and eradication of the whole frame of Church-government; and another for the confir­ming an Assembly of such Divines as they had chosen, to devise a new Government, which they were so much the fitter to be trusted with▪ because in the whole number, (which consisted of above one hundred, and might be increased as they thought fit) there were not above a dozen, who were not already declared Enemies to the old, to the which notwithstanding there were few of them who had not subscribed, and a promise required from his Majesty, that He would give His assent to all such Bils which the two Houses should hereafter present to Him, upon consultation with that Assembly.

How extravagant soever these Propositions were, the [Page 124] King so much subdued and suppressed His Princely in­dignation, that He drew them to a Treaty even upon those Propositions, expecting (as He expressed in His Answer, when He proposed the Treaty) that such of Coll. Ord. 2 vol. p. 52. them as appeared derogatory from, and destructive to His just Power and Prerogative, should be waved, and many o­ther things that were darke and doubtfull in them, might be cleared and explained upon debate; and concluding that if they would consent to a Treaty, they would likewise give such authority and power of reasoning to those, whom they should trust, that they might either give or take satisfaction upon those principles of piety, honour, and justice, as both sides avowed, their being governed by.

How that Treaty was managed, how their Commis­sioners were limited and bound up by their Instructions, that they had no power to recede from the least materiall tittle of the Propositions upon which they treated; how they were not suffered to stay one houre beyond the time first assigned to them, albeit his Majesty earnestly desired the Treaty might be continued, till He had recei­ved an Answer to Propositions of His owne, which He had sent to the Houses, because the Committee had no power to answer them; and how the same day their Commissioners left Oxford; the Earl of Essex marched with his whole Army to besiege Reading, is known to all men, who may conclude thereupon, that they never in­tended that Treaty should produce a peace.

On the other side, the King proposed only, That His Ships might be restored to Him, and His Castles, and Reve­nue, which by the confession of all had been violently taken from Him; and that His Majesty and the Members of both Houses, who had been driven from Westminster might ei­ther return thither, upon such a provision as might secure [Page 125] them against Tumults for the future; or that the Parlia­ment might be adjourned to some safe place, and so all Ar­mies presently to be disbanded: To which Proposition from his Majesty, they never vouchsafed to return An­swer, and the King after He had above a Month in vain expected it from them; and in that time received a good supply of Ammunition, which He was before thought to want, sent another Message by Mr. Alexander Hamb­den on the 19 of May, 1643. in which He told them,Coll. Ord. 2 vol. p. 181. That when He considered that the scene of all the calamity was in the bowels of His own Kingdome, that all the bloud which was spilt was of His owne Subjects; and that what victory it should please God to give Him, must be over those who ought not to have lifted up their hands against Him; when He considered that those desperate civill dissentions, might encourage and invite a forain Enemy to make a prey of the whole Nation; That Ireland was in present danger to be lost; That the heavy judgments of God, Plague, Pesti­lence, and Famine, would be the inevitable attendants of this unnaturall contention; and that in a short time there would be so generall a habit of uncharitablenesse and cruelty contracted throughout the Kingdome, that even peace itself would not restore His people to their old temper and se­curity; His Majesty could not suffer Himself to be discou­raged though He had received no Answer to His former Message, but by this did again with much earnestnesse de­sire them to consider what He had before offred, which gave so fair a rise to end those unnaturall distractions.

This most gracious Message from the King, met with so much worse entertainment and successe then the for­mer, as it was not only ever Answer'd, but the Messenger likewise (being a Gentleman of quality and singular in­tegrity) though he was civilly received by the House of [Page 126] Lords, to whom he was directed, was by the House of Commons apprehended and imprisoned, and never af­ter freed from his restraint, till he ended his life, after a long and consuming sicknesse.

This is the Messenger they mean, who (to excuse theirPag 10. inhumanity and cruelty towards him) they say, at the same time he brought a specious Message of renewing a Treaty, was instructed how to manage that bloudy Massacre in London, which was then designed by vertue of the Kings Commission, since published.

Before any thing be said of that Plot, it is known, that Gentleman was imprisoned many daies before there was any mention of a Plot; and the House of Peers solemnly expostulated the injury done to them in it, and in vaine required his inlargement, which they would not have done, if there had been any other objection against him, then the comming without a Passe from their Generall, which was never understood to be requisite, till the House of Commons very few daies before declared it to be so, albeit themselves sent Messengers to the King without ever demanding a Passe.

Now to the Plot it self; They have indeed publishedColl. Ord. 2. vol. p. 199. a Narration of that Plot, which served their turn barba­rously to put two very honest men to death, and to un­doe very many more; and it is very probable they made that relation as full and clear, as their evidence enabled them to do, and yet who ever reads it, cannot conclude reasonably, that there was ever more in it, then a com­munion between honest men, of good reputation and fortunes, and desirous of peace, how they might be able to discountenance that disorderly rabble, which upon all occasions protested against peace, by appearing as strong and considerable in numbers as they, and which certain­ly [Page 127] ought to have found as great countenance and encou­ragement from the Parliament, as the other; these dis­courses produced a disquisition of the generall affections of the City, and that a more particular computation and estimate of the inclinations of particular men, and so mention of severall things which in such and such cases would be necessary to be done; and these discourses be­ing by the treachery of a Servant discovered to those, who could compound Plots and Conspiracies out of any Ingredients, they joyned those and a Commission they had likewise met with, together, and so shaped a Conspi­racy, that they used as a Scar-crow to drive away any a­vowed and publique inclinations for peace, the pressing whereof at that time was like to prove inconvenient to them; but those discourses, and that Commission, had not the least relation to each other, nor was there one man, who was accused of or privy to those discourses, whose name was in that Commission, or indeed privy to it, which had issued out a good time before, and was to have been made use of (being no other then a fair legall Commission of Array in English) if the Kings motion with His Army towards those parts gave the people so much courage to appear for Him; nor can there be a so­ber objection against the Kings granting such a Com­mission, when they had their Ordinances ready upon all occasions, to be executed in the Kings Quarters, and had named Commissioners for that purpose in all the Coun­ties of the Kingdome.

But to proceed, in the Overtures for peace, from the end of the Treaty at Oxford, which was in April, 1643. they never made one Overture or Addresse to his Ma­jesty towards peace, till the end of November, 1644. in the mean time what approaches the King made towards [Page 128] it must be remembred: After the taking of Bristol, when his Majesties strength and power was visible and confes­sed in the West, and in the North, and the Enemies con­dition apparently low, and in many of their opinions even desperate; the King albeit His last Messenger was still in Prison, and no Answer to his Messages, by His Declaration of the 30 of June, again renewed all the professions and offers He had before made, and told them, that revenge and bloud thirstinesse had never been imputed to His Majesty by those, who had neither left His government or nature un-examined with the greatest bold­nesse and malice, and therefore besought them to return to their Allegiance: what passed from his Majesty himself, and from the Lords and Commons at Oxford in March following, and with what importunity, they desired there might be a Treaty, by which some waies & means might be found, how a peace might be procured, and how peremptorily and disdainfully they rejected that desire in their Answer to his Majesty of the 9 of March, Coll. Ord. 2 vol. p. 451. because the greatest, and the greatest number of the Peers of the Kingdome, and the greatest part of the House of Commons, then with his Majesty at Oxford, seemed by Him to be put in an equall condition with them at Westminster, though they had been content since to put the Officers of the Army into at least an equall condition with them, by treating with them, is to be seen and read, and needs no repetition.

In July following, which was in the year 1644. after He had routed the best part of Sir William Waller's Ar­my, and taken his Cannon, his Majesty sent from Eve­sham another Message to the two Houses, to desire them, that there might yet be a Cessation, and that some persons might be sent to Him with any Propositions that might be [Page 129] for the good of His people, and He would condescend to them: to which they never returned Answer.

Two Months after, on the 8 of September, when He had totally defeated the Army of the Earl of Essex in Cornwall, taken all their Cannon, Armes, and Baggage; the King again sent to them, that the extraordinary suc­cesse with which God had blessed Him in so eminent a man­ner, brought Him no joy for any other consideration, then for the hopes He had, that it might be a means to make o­thers lay to heart, as He did, the miseries brought and con­tinued upon this Kingdome by this unnaturall war, and that it might open their ears, and dispose their minds to imbrace those offers of peace and reconciliation, which had been so often and so earnestly made unto them by Him, and from the constant and fervent endeavours of which He resolved ne­ver to desist: and so conjured them to consider His last Message and to send Him an Answer: To this Message likewise, they never sent Answer: and these were the tenders made by his Majesty, which they say were never fit for them to receive; we shall now proceed to those they thought fit to offer, and accuse his Majesty for not accepting.

On the 23 of November, 1644. the Committee from the two Houses brought the Propositions to the King, which, they say, were agreed on by the Parliaments of both Kingdoms not only as just, but necessary also for the very being of these Kingdoms in a setled peace and safety: And which required his Majesty to resigne up all His Regall power in His three Kingdomes, to those who sent those Propositions; to take their Covenant, and injoyne all others to take it; and to sacrifice all His owne Party (who had served Him honestly and faithful­ly) to the fury and appetite of those, who had cast off [Page 130] their Allegiance to Him, and to leave Himself the meer empty name of a King.

How the twenty daies were afterwards spent at Ux­bridge, is published to the world, in which the last ob­servation made by the King's Commissioners must not be forgotten, That after a War of neer foure years, for Relat. Treat. p. 175. which the defence of the Protestant Religion, the Liberty and Property of the Subject, and the Priviledges of the Par­liament, were made the cause and grounds, in a Treaty of Twenty daies, nor indeed in the whole Propositions upon which the Treaty should be, there hath been nothing offered to be treated concerning the breach of any Law, or of the Liberty, or Property of the Subject, or Priviledge of Par­liament, but onely Propositions for the altering a Govern­ment established by Law, and for the making new Laws, by which almost all the old are or may be cancelled; and there hath been nothing insisted on of the Kings part, which is not Law, or denied by the Kings Commissioners that the o­ther required, as due by Law.

For the Protestation, which they say, was entred (aboutPag. 10. the time of this Treaty) in the Councell-Book, and of which his Majesty gave the Queen account, it is known to be no other then a Declaration, that by calling them a Parliament, there could be no acknowledgment infer­red, that he esteemed them a free Parliament, which few at that time did believe them to be; and they have since upon as small reasons confessed themselves not to be.

They alleage, as a wonderfull testimony of their meek­nessePag. 8. and good nature, that after His Majesties Armies were all broken, so that in disguise He fled from Oxford to the Scots at Newarke, and from thence went to Newcastle, they tendred to Him at Newcastle, and afterwards, when the Scots had left Him to the Commissioners of Parliament, [Page 131] at Hampton-Court, still the same Propositions in effect, which had been presented before in the midst of all His strength and Forces: which is rather an Argument that they had at first made them as bad as possibly they could, then that they were good since; and (considering the natures of these Declarers) there cannot be a more pregnant evidence of the ilnesse and vilenesse of those Propositions, then that they have not made them worse; nor is the condition in which they have now impiously put His Majesty for His refusall, worse, then it had been, or would be (His Personall liberty only excepted) if He consented to them; and in one consideration it is much better, because it is now a confessed act of violence and treason upon Him, which if He once consent to their Propositions, they will (when ever they find occasion) appear legally qualified to do the same.

They have once again out of their desire of his Maje­sties concurrence descended to one other addresse to Him, and they said, they did so qualifie the said Propositi­ons, Pag. 9. that where it might stand with the publique safety, His wonted scruples and objections were prevented or removed, and yeilded to a Personall Treaty, on condition the King would signe but foure Bils, which they judged not only just, and honourable, but necessary even for present peace and safety during such a Treaty; and upon His deniall of these, they are in despair of any good by addresses to the King, nei­ther must they be so injurious to the people, in further delay­ing their setlement, as any more to presse His consent, to these or any other Propositions.

What the former Propositions and Addresses to His Majesty have been, and how impossible it hath been for Him to consent to them with His Conscience, Honour, or Safety, appears before; and how inconvenient it [Page 132] would have been to the Kingdome if He had done it, they themselves have declared, by making such impor­tant alterations in respect of the English interest in those presented at Newcastle, from the other treated on at Ux­bridge; it will be fit therefore to examine these foure Bils which were to be the condition of the Treaty.

One of these Bils is, to devest His Majesty and His Po­sterity for ever of any power over the Militia, and to trans­fer this right, and more then ever was in the Crown, to these men, who keep Him Prisoner; for it is in their power whether they will ever consent that it shall be in any other; and to give them power to raise what Forces they please, and what Mony they think fit upon His Subjects; and by any waies or means they appoint, and so frankly ex­clude Himself from any power in the making Laws.

There need no other Answer, why it is not fit or pos­sible for the King to consent to this, then what the Com­missioners from Scotland gave to the Houses, when they declared their dissent; If the Crownes have no power of Answ. Sc. Com. p. 20. the Militia, how can they be able to resist their Enemies, and the Enemies of the Kingdomes, protect their Subjects, or keep friendship or correspondence with their Allyes? All Kings by their royall Office and Oath of Coronation are obli­ged to protect their Laws and Subjects, it were strange then to seclude the Crown for ever from the power of doing that, which by the Oath of Coronation they are obliged to per­form, and the obedience whereunto falleth within the Oath of Allegiance; and certainly if the King and His Posterity shall have no power in making Laws, nor in the Militia, it roots up the strongest foundation of honour and safety which the Crown affords, and will be interpreted in the eyes of the world, to be a wresting of the Scepter and Sword out of their hands.

[Page 133]Nor can this just and honourable Assertion be answe­red, and evaded, by saying, that the Militia was the prin­cipall Decl. concer­ning the Scots Papers, p. 68. immediate ground of their quarrell, in order to the preservation of Religion, and the just Rights and Liberties of the people; and that the Scots Commissioners have often agreed with them in it, and that the Kingdome of Scotland fought together with them for it, and upon the ground there­of; and that now they argue against their injoying it, al­most in the very same words, as the King did at the begin­ning of the War in His Declarations.

It is no wonder that what these men have done, and the horrid confusion they have made, have evinced ma­ny truths, which appeared not so manifest to all under­standings by what the King said, or that they have notMart. Inde▪ p. 15. so good an opinion of those, who tell them that there is another and a more naturall way to peace, and to the ending the war, then by Agreement, namely by Conquest; As they had of them who with all imaginable solemnity swore that 3 Art. of the Covenant. they would sincerely, really, and constantly endeavour with their estates and lives, mutually to preserve and defend the King's Majesties Person, and authority in the preservation and defence of the true Religion, and Liberties of the King­domes, that the world may bear witnesse with their Consci­ences of their Loyalty, and that they had no thoughts or in­tentions to diminish His Majesties Power and Greatnesse, which Engagements might perswade many, that their purposes were other then they now appear to be.

For that other power, they require to raise what Mo­nies they please, and in what way they please; All the people of England will say, that which the Army said honestly in their Representation, agreed upon at New­market on the 4 & 5 of June against the Ordinance ofDecl. and Pa­pers of the Ar­my, p. 31. Indempnity, We shall be sorry that our relief should be the [Page 134] occasion of setting up more Arbitrary Courts, then there are already, with so large a power of imprisoning any Free-men of England, as this Bill gives, let the persons intrusted ap­pear never so just and faithfull.

Indeed that is asked of his Majesty by this Bill, which the King can neither give, nor they receive; the King cannot give away His Dominion, nor make His Sub­jects, subject to any other Prince or power, then to that under which they were born; no man believes that the King can transfer His Soveraigne power to the French King, or the King of Spaine, or to the States of the uni­ted Provinces; nor by the same reason can He transfer it to the States at Westminster. And the learned and wise Grotius (who will by no means endure that Subjects should take Armes against their Princes upon any speci­ous pretences whatsoever) concludes, Si rex tradere reg­num, aut subjicere moliatur, quin ei resisti in hoc possit non De jure bell. fol. 85. dubito, aliud enim est imperium, aliud habendi modus, qui ne mutetur obstare potest populus; to the which he applies that of Seneca, Etsi parendum in omnibus patri, in eo non parendum, quò efficitur ne pater sit; And it may be this may be the only case in which Subjects may take up de­fensive Armes, that they may continue Subjects; for without doubt no King hath power, not to be a King, because by devesting himselfe he gives away the right which belongs to others, their title to, and interest in his protection.

The two Houses themselves seemed to be of opinion, when in their Declaration of the 27 of May, 1642. they said, the King by his Soveraignty is not enabled to de­stroy Ex. Col. p. 35. His people, but to protect and defend them; and the high Court of Parliament, and all other His Majesties Of­ficers and Ministers ought to be subservient to that power [Page 135] and authority, which Law hath placed in His Majesty to that purpose, though He Himself in His own Person should neglect the same: So that by their own judgment and con­fession it is not in the King's power to part with that, which they ask of Him; and it is very probable, if they could have prevailed with Him to do it, they would be­fore now have added it to His charge, as the greatest breach of trust that ever King was guilty of.

They cannot receive what they ask, if the King would give it; in the Journall of the House of Commons, they will find a Protestation entred by themselves in the third year of this King, when the Petition of Right was de­pending, in the debating whereof some expressions had been used, which were capable of an ill interpretation; That they neither meant, nor had power to hurt the King's Prerogative: And the Lord chief Justice Coke, in the fourth part of his Institutes, published by their Or­der since the beginning of this Parliament, saies, That it 4 Part Instit. fol. 14. was declared in the 42 year of King Edw. 3. by the Lords and Commons in full Parliament, that they could not assent to any thing in Parliament, that tended to the disherison of the King and his Crowne, whereunto they were sworne: And Judge Hutton in his Argument against Ship-mony, printed likewise by their Order since this Parliament, a­grees expresly, That the power of making War & Leagues, Pag. 25, 26. the power of the Coyne, and the Value of the Coynes (usur­ped likewise by these Declarers) and many other Monar­chicall powers and prerogatives, which to be taken away, were against naturall reason, and are incidents so insepa­rable, that they cannot be taken away by Parliament: To which may be added the authority of a more modern Author, who uses to be of the most powerfull opinion,Mart. Inde▪ p. 27. Mr. Martin, who saies, that the Parliament it self hath [Page 136] not, in his humble opinion, authority enough to erect another authority equall to it self; And these ambitious men, who would impiously grasp the Soveraign power into their hands, may remember the fate which attended that Or­dinance in the time of King Hen. 3. to which that King metu incarcerationis perpetuae compulsus est consentire, and by which the care and government of the Kingdom was put into the hands of four and twenty; how unspeakable miseries befell the Kingdom thereby, and that in a short time, there grew so great faction and animosity amongst themselves, that the major part desired the Ordinance might be repealed, and the King restored to His just power; that they who refused came to miserable ends, and their Families were destroyed with them, and the Kingdome knew no peace, happinesse, or quiet, till all submission and acknowledgment, and reparation was made to the King, and that they got most reputation, who were most forward to return to their duty; So that it is believed, if the King would transfer these powers, though many persons of honour and fortune have been unhappily seduced into this combination; that in truth no one of those would submit to bear a part of that in­supportable burthen, and that none would venture to act a part in this administration, but such whose names were scarce heard of, or persons known before these distra­ctions.

If the King should consent to another of their four Bils, He should subvert the whole foundations of govern­ment, and leave Himself, Posterity, and the Kingdome without security, when the fire, that now burns, is ex­tinguished, by making Rebellion, the legitimate Child of the Law; for if what these men have done be lawfull and just, and the grounds upon which they have done it [Page 137] be justifiable, the like may be done again; and besides this, He must acknowledge and declare all those who have served Him faithfully, and out of the most abstra­cted considerations of Conscience and Honour, to be wicked and guilty men, and so render those glorious persons, who have payed the full debt they owed to His Majesty and their Country, by loosing their lives in His righteous cause, and whose memories must be kept fresh and pretious to succeeding ages, infamous after their deaths, by declaring, that they did ill, for the do­ing whereof, and the irreparable prejudice that would accrue thereby to truth, innocence, honour, and justice, all the Empires of the world would be a cheap and vile recompence.

Nor can this impossible demand be made reasonable by saying, It would be a base and dishonourable thing for Decl. concer­ning the Scots Papers, p. 86. the Houses of Parliament being in that condition they are, to have treated under the Gallows, to have treated as Tray­tors, their cause being not justified, nor the Declarations a­gainst them as Rebels recalled. It would be a much more base and dishonourable thing, to renounce the Old and New Testament, and declare that they are not the word of God; to cancell and overthrow all the Lawes and Government of the Kingdome; all which must be done, before their cause, or their manner of maintaining their cause can be justified: and if that were not perversly blind to their owne interest, they would know and dis­cerne, that such an act is as pernitious to themselves, as to truth and reason, their own security depending on no­thing more, then a provision, that no others for the time to come, shall do what they have done; nor can they enjoy any thing, but on the foundation of that Law they have endeavoured to overthrow.

[Page 138]The King hath often offered an Act of Oblivion, which will cut down all Gallows, and wipe out all op­probrious tearms, and may make the very memory and mention of Treason and Traytors, as penall, as the crimes ought to have been; they who desire more, aske impossibilities, and that which would prove their own destruction; and who ever requires their cause to be ju­stified, can have no reason for doing it, but because he knows it is not to be justified.

The end of the third Bill is to dishonour those of His own Party, whom He hath thought fit to honour; and to cancell those Acts of grace and favour He vouchsafed them, which is against all reason and justice, for if He had no power to confer those Honours, there needs no Act of Parliament to declare or make them void; if He had power, there is no reason, why they should be lesse Lords upon whom He conferred that honour the last year, then those He shall create the next: nor is this Pro­position of the least imaginable moment to the peace of the Kingdome, or security of a Treaty; though it be of no lesse concernment to His Majesty, then the parting with one of the brightest Flowers in His Crown.

The last Bill is to give the two Houses power to adjourn, to what place, and at what time they please, which by the Act of continuance, they cannot now do, without the King's consent, though there is no reason they should attribute more to His Person in that particular, then they doe in other things, to which His assent is necessary, and if they do indeed believe, that His Regall power is virtually in them, they may as well do this Act without Him, as all the rest they have done.

The King in His Message of the 12 of April, 1643. ra­ther intimated, then propounded the Adjournment of [Page 139] the Parliament to any place twenty miles from London, which the Houses should choose, as the best expedient He could think of, for His owne and their security from those tumultuous Assemblies which interrupted the free­dome thereof; to which though they returned no Answer to His Majesty, yet in their Declaration after that Trea­tyCol. ord. 2 vol. p. 97. at Oxford, they declared the wonderfull inconvenience and unreasonablenesse of that proposition; the inconvenien­ces that would happen to such persons that should have occa­sion to attend the Parliament by removing it so far from the residency of the ordinary Courts of Justice, and the pla­ces where the Records of the Kingdome remaine; That it would give a tacite consent to that high and dangerous a­spersion of awing the Members of this Parliament, and it would give too much countenance to those unjust aspersions laid to the charge of the City of London, whose unexampled zeale and fidelity to the true Protestant Religion, and the Liberty of this Kingdome (they said) is never to be for­gotten, and that they were wel-assured, that the loyalty of that City to His Majesty, and their affections to the Parlia­ment, is such, as doth equall, if not exceed, any other place or City in the Kingdome; which reasons being as good now, as they were then, the King hath followed but their own opinion in not consenting to this Bill.

In a word; All the world cannot reply to His Maje­sties owne Answer upon the delivery of these four Bils, or justifie their proceeding, That when His Majesty desires a Personall Treaty with them for the setling of a peace, they in answer propose, the very subject matter of the most essen­tiall part thereof to be first granted; and therefore the King most prudently and magnanimously declares, That neither the desire of being freed from this tedious and irk­some condition of life He hath so long suffered, nor the ap­prehension [Page 140] of what may befall Him, shall make Him change His resolution of not consenting to any Act, till the whole peace be concluded; for in truth nothing is more evident, then that if He passe these Bils, He neither can be able to refuse any thing else they shall propose, for He hath re­served no title to any power, nor can have reason to do it, for having resigned His choicest Regalities, it would be great improvidence to differ with them upon more petty concessions, and having made all honest men guil­ty, He could not in justice deny to refer the punishment of them to those, who could best proportion it to the crimes: So that a Treaty could afterwards be to no o­ther end, then to finish His owne destruction with the greater pomp and solemnity: whereas the end of a Trea­ty is (and it can have no other) upon debate to be satis­fied, That He may lawfully grant what is desired, That it is for the benefit of His people, that He should grant it, how prejuditiall soever it may seem to Himself, and that being granted, Himself shall securely enjoy what is left, how little soever it be, and that His Kingdome shall by such His con­cessions be intirely possessed of peace and quiet; the last of which cannot be, (at least His Majesty hath great reason to suspect it may not) without the consent of the Scots, who peremptorily protest against these Four Bils, And say that it is expresly provided in the 8 Article, That no Answ. Sc. Com. p. 23. Cessation nor any Pacification or Agreement for Peace whatsoever shall be made by either Kingdome, or the Ar­mies of either Kingdome without the mutuall advice and consent of both Kingdomes, or their Committees in that be­half appointed, which is neither Answered, or avoided, by saying, that no impartiall man can read that Article of the Treaty, but He must needs agree, that it could be meant only Decl. concer­ning the Scots Papers, p. 92. whilst there was War, and Armies on both sides in being; [Page 141] and that it must of necessity end, when the War is at an end; for besides that war is not, nor can be at an end, till there be an Agreement, (and if it be, why is there so great an Army kept up in the Kingdome?) by the same reason that Article was so understood as it is now urged by the Scots before their comming into the Kingdome, it may be so understood after they are gone; and that the Hou­ses themselves did understand it so, in the beginning of January, 1643. before the Scots Army entred, appears by a Declaration Mr. St. Johns made at that time in the name of the Houses (and printed by Order) to the City of London at Guild-hall, upon the discovery of a cunning Plot (as they said) to divide and destroy the Parlia­ment and the City of London, under the notion of peace; and by engaging them in a Treaty of peace, without theCunning Plot, p. 3. advice and consent of their Brethren of Scotland, which (he said) would be contrary to the late Articles solemnly a­greed upon by both Kingdomes▪ and to the perpetuall dis­honour of this Nation by breach of their Publique Faith en­gaged therein to that Nation; so that the two Houses ha­ving given their judgment in the point, the King hath great reason, if He had no other, to have the whole well debated before Him, and the severall interests weighed and agreed upon, before He give His consent to any par­ticulars, which will else produce more mischief then His refusing all can possibly doe.

Nor will these and their other extravagant and licenti­ous demands be better justified, by their undervaluing the Kings present power, in their insolent question in their late Declaration concerning the Scots Commissio­ners (which in truth, throughout is but a paraphrase up­on that Speech of Demetrius to his Companions of the like occupation, Sirs, you know that by this craft we havePag. 83.[Page 142] our wealth) what can the King give them, but what they have already?

It is not out of their duty or good will to Him, that they make any Application to Him, and if they did in­deed believe, that His Majesty could give them nothing, but what they have already, He should hear no more from them, but they very well know, they have yet no­thing, except He give them more; and that the man that is robbed and spoyled of all that He hath, when He hath procured a pardon for, and given a Release to the Thieves and Robbers, He hath given them more, then they had before, and that which onely can make, what they had before of benefit and advantage to them; they know and will feel the judgment upon the wicked man in Job, He hath swallowed down Riches, and he shall vomit Iob 20. 15, 19, 22. them up again, God shall cast them out of his belly; Because he hath oppressed, and hath forsaken the poor, Because he hath violently taken away a house which he builded not; In the fulnesse of his sufficiency he shall be in straits: That all their reproachings and revilings with which they have triumphed over the Lords Anointed, must come into Psal. 109. 18. their Bowels like water, and like Oyle into their bones; And that nothing can restore and preserve them, but the An­tidotes, and Cordials, and Balme, which the King only can Administer; they know very well, that even the most unfortunate Kings, that ever have been in England, could never be destroyed without their own consent; and that all their power, and strength, and successe (though for a time it may oppresse) can never subdue the Crown without its owne being accessary to its own ruine; and the King very well knows, that what He yet suffers is not through His own default, but by such a defection as may determine all the Empires of the world, and that in [Page 143] the unspeakable miseries (which all His good Subjects have undergone) He is yet innocent; the conscience whereof hath refreshed Him in all His sufferings, and maketh Him superiour to their insolence, contempt and Tyranny, and keeps Him constant to His Princely and pious resolution; but that, if by any unhappy consent of His own, such an establishment shall be made, as shall ex­pose Himself, His Posterity and people to misery, it will lie all upon His own account, and rob Him of that peace of mind, which He now enjoyes and values above all the considerations of the world, well knowing that God requires the same, and no more of Him, then he did of his servant Joshuah, Only be thou strong, and very coura­gious, Ioshuah 1. 7. that thou mayest observe to doe according to all the Law which Moses my servant commanded thee, turne not from it to the right hand, or to the left, that thou mayest prosper whithersoever thou goest.

Honest men and good Christians will be lesse moved with their bold and presumptuous conclusion, which they have learned from their new Confederates the Turkes, That God himself hath given his Verdict on their Decl. concern­ing Sc. Com. p. 70. sides, in their successes; not unlike the Logick used by Dionysius, who because he had a good gale of wind at Sea, after he had sacked the Temple of Proserpine, con­cluded, That the immortall Gods favoured Sacriledge. It is very true, they have been the instruments of Gods heavy judgments upon a most sinfull people, in very wonderfull successes, yet if they would believe Solomon, they would find, There is a time wherein one man rules Eccl. 8. 9. over another to his own hurt; and prosperity was never yet thought a good argument of mens piety, or being in the right; and yet if these men did enough think of God Almighty, and seriously revolve the works of his owne [Page 144] hand throughout this Rebellion, and since they had loo­ked upon themselves as Conquerours, they would be so far from thinking that he had given his Verdict on their side, that they would conclude, that he hath therefore onely suffered to prosper to this degree, that his owne power and immediate hand might be more cleerly dis­cerned and manifested in their destruction, and that the cause might appear to be his own by his most miracu­lous vindication of it.

If Master Hambden had been lesse active and passionate in the businesse of the Militia, which might have pro­ceeded from naturall reason, and reformation of his un­derstanding, the judgment and Verdict of God would not have been so visible as it was in the loosing his life in that very. Field, in which he first presumed to execute that Ordinance against the King.

If Sir John Hotham had never denied his Majesty en­trance into, and shut the Gates of Hull against Him, from which naturall Allegiance, and civill prudence might have restrained him, the judgment and Verdict of God had been lesse evident then it was, when after he had wished, that God would destroy him and his posterity if he proved not faithfull to the King, at the same time that he had planted his Cannon against him; he and his Son were miserably executed by the judgment of those, who but by his Treason could never have been enabled to have exercised that jurisdiction; and that having it in his power he should perfidiously decline to serve his Maje­sty, and afterwards loose his head for desiring to do it, when he had no power to perform it.

They who remember the affected virulency of Sir A­lexander Carew against the King, and all those who ad­hered to him; and how passionately he extolled and [Page 145] magnified the perjury and treachery of a Servant, as if he had done his duty to the Kingdome by being false to his Master the King; and that this man afterwards should by the treachery of his Servant be betrayed, and lose his head by their judgments, for whose sakes he had forfeited it to the King, cannot but think the Verdict of God more visible then if he had contained himself with­in the due limits of his obedience, and never swarved from his Allegiance.

To omit infinite other instances, which the observation of all men can supply them with, the Verdict of God had not been so remarkable and notorious, if the King had prevailed with his Army, and reduced his rebelli­ous Subjects to their duty, which might naturally have been expected from the cause, and the fate that Rebels usually meet with; as that after a totall defeat of the King's Forces, and their gaining all the power into their hands, they could possibly propose to themselves, they should not only be in more perplexity and trouble, then when they had a powerfull Army to contend with, but in more insecurity and danger, then if they had been o­vercome by that Army.

That the City of London should be exposed to all ima­ginable scorn, contempt and danger, upon the same Or­dinance of the Militia, by which their pride and sedition principally exposed the Kingdome to the miseries it hath endured; that the same Arts and Stratagems of Petiti­ons and Acts of Common Councell with which they affronted the King, and drove Him from them, should be applied to their own confusion and ruine.

That those Members who were the principall Contri­vers of our miseries, the most severe and uncharitable persecutors of all, who were not of that opinion, and the [Page 146] greatest cherishers of those Tumults, which drove the King and all that wished well and were faithfull to Him from Westminster, should themselves be persecuted for their opinions by those, whom they had supported, and be driven thence by the same force; and as they had to make the KING odious to the people against their own consciences, cast aspersions on Him of favouring the Re­bellion in Ireland; so themselves to the same end, should be accused of the obstructing the relief of Ireland; so that to some of them, that Story of Jason, (which though it be not canonicall Scripture, is yet canonicall2 Mac. 5. History) may be literally applied, who slew his own Ci­tizens without mercy, not considering, that to get the day of them of his own Nation, would be a most un­happy day for him, who afterwards flying from City to City, was pursued of all men, hated as a forsaker of the Laws, and being had in abomination, as an open Enemy of his Country and Country-men, was cast out into Ae­gypt: Thus he that had driven many out of their Coun­try, perished in a strange Land, and he that had cast out many unburied, had none to mourn for him, nor any so­lemn Funerall at all, nor Sepulcher with his Fathers.

That they who told the King, that if He should persist in Ex. Col. p. 93. the deniall of the Militia, the dangers and distempers of the Kingdome are such, as would endure no longer delay, but unlesse He would be graciously pleased to assure by those Mes­sengers, that He would speedily apply His Royall Assent to the satisfaction of their former desires, they should be infor­ced for the safety of His Majesty and the Kingdomes, to dispose of the Militia by the authority of both Houses in such manner as had been propounded, and they resolved to do it accordingly, and upon that ground did raise the Re­bellion against the King, That these men should be told [Page 147] by their own Militia, That they were cleerly convinced Decl. and Pa­pers of the Ar­my, p. 67. and satisfied, that both their duties and trust for the Parlia­ment and Kingdom, called upon them, and warranted them, and an imminent necessity inforced them, to make or admit of no longer delaies, but they should take such courses extra­ordinary, as God should enable and direct them unto, to put things to a speedy issue, unlesse by Thursday next they re­ceived assurance and security to themselves, and the King­dome, that those things should be granted which they insi­sted on; which were to have severall Acts passed by the Houses, speedily reversed, and other Acts formerly re­fused, to be consented to, all which was done accor­dingly.

That their own Army should rebell against them upon the principles of their own Declarations, which (they tellDecl. & Papers of the Army, p. 39, & 40. them) directed still to the equitable sense of all laws and constitutions, as dispensing with the very letter of the same, and being supreme to it, when the safety and preser­vation of all is concerned; and assuring them that all autho­rity is fundamentally seated in the Office, and but ministe­rially in the persons; and that it is no resisting of Magi­stracy to side with the just principles and law of Nature, and Nations: All which were the very grounds and asserti­ons upon which they raised and justified their Rebellion against the King.

Lastly, that this very Declaration which they hoped would prepare the minds and affections of the people with so much prejudice to his Majesty, that they would concur with them in any desperate Act against Him and His Posterity, should so much incense all sorts of people against them, that they are since looked on, as the most odious scum of men, that ever infested a Nation; and have lost more by it, then they have ever got by any Vi­ctory.

[Page 148]These are the visible instances of Gods Verdict in the cause, so that if they had (with all their hypocriticall dis­courses of Religion) the least sense of Gods favours, or fear of his judgments, if they had not said unto him, De­part Iob 21. 14. from us, for we desire not the knowledge of thy waies, they would before this have felt, that agony of heart, and trembling in their joynts, out of the very sense of the hand of God upon them, that they would take no rest, till they cast themselves at his feet whom they have of­fended, and imploy all their faculties towards repayring their gracious Soveraign, and binding up the wounds of their almost ruined Country.

Instead of which, to make their madness as publick and notorious as their Rebellion, they have resolved, & pub­lished their resolutions to the Kingdome: 1. That they Pag. 5, & 6. will make no further addresse or application to the KING. 2. That no person whatsoever shall make any, without their leave. 3. That whosoever shall break this Order shall in­cur the penalties of High Treason. 4. That they will re­ceive no more any Message from the KING, and that no person shall presume to bring any Message from the KING to them, or to any other person.

By the first and last of which, they have made and de­clared themselves no Parliament; for being called by the King's Writ to Treat with Him, if they will neither send to Him, or hear from Him, they can be no longer a Parliament.

By the second, they have taken away from the Sub­jects of the three Kingdomes, that which themselves ac­knowledge to be their naturall right and liberty, for they say (and they say truly) in their Declaration of the 6 of May, 1643. That to present their humble desires and Propo­sitions Col. ord. 2 vol. p. 98. to His Majesty is a liberty incident unto them, not [Page 149] only as Members of Parliament, but as free-born Subjects, yet this freedom is by this Vote taken away.

To the third there needs be no more said then what the Army (who no doubt will justifie what they say) said upon this Argument, Not only to be denied the right Decl. & Papers of the Army, p. 35. and the liberty to Petition, but withall by a censure, no lesse then capitall, to be exposed to a forfeiture of Estate, liberty, life, and all, for but going to aske what a man conceives to be his due; and this without ever asking, or hearing what he can say in his excuse; would carry so high a face of in­justice, oppression, and tyranny, as is not easie to be exam­pled in the proceedings of the most corrupt and arbitrary Courts, towards the meanest single man: And they shall do well to remember their own judgment in their Re­monstrance of the 26 of May, 1642. in these words, If the solemn proclaiming a man Traytor, signifie any thing, it Ex. Col. p. 278. puts a man, and all those that any way aide, assist, or adhere to him into the same condition of Traytors, and draws upon him all the consequences of Treason; and if this may be done by Law; without due processe of Law, the Subject hath a very poor defence of the Law, and a very small, if any pro­portion of Liberty thereby; and it is as little satisfaction to a man that shall be exposed to such penalties, by that Decla­ration of him to be a Traytor, to say, he shall have a legall triall afterwards, as it is to condemn a man first, and trie him afterwards.

All the particulars of their Declaration are now exa­mined, and however these desperate men may flatter themselves, and how long soever they shall continue in this their damnable Apostasie; the present age and poste­rity will believe that in stead of rendring and making the KING appear unworthy of, or unequall to the high Office and charge, to which God hath advanced Him, [Page 150] they have in truth vindicated Him from all those asper­tions and blemishes their malice had cast on Him, and that He appears the most worthy the great trust He was born to, if He had no other title to it, then His admirable virtue & perfection: After the boldest & strictest inqui­sition, that was ever made into the life & manners of any Gentleman; after their examining all the actions, and all the words of his life, & with impious licence, perverting and torturing those actions and words with their unrea­sonable glosses, and interpretations; after their break­ing into His Chamber, by corrupting His neerest Ser­vants, and thereby knowing what in any passion or in­disposition He hath said or done; After their opening His breast, and examining His most reserved thoughts, by searching His Cabinets, perusing His Letters, even those He had written in cipher to His dearest Consort the Queen, and His private memorials; They have not been able to fix a crime or error upon Him, which would draw a blush from the modestest cheek, nor by all their threats, and all their promises, to shake His pious and magnanimous resolutions; so that in truth, their main trouble and vexation is no other, then David heretofore gave Saul, who, when he saw that he behaved himself very wisely, he was afraid of him. 1 Sam. 18. 15.

But these miserable men must know, that if the King were as unjust, and as oppressing as they would have Him believed to be, or as the best of them would be, if he were in His place; they have not any title or qualifi­cation to use Him as they have done: For if it were law­full for Subjects to take up Armes against their Sove­raign, upon pretence, that He were injurious, and perfor­med not the duty and Office of a King, besides the con­fusion, that must follow, upon their assuming the judg­ment [Page 151] in that case, they would have it in their power to resist, and avoid one of the greatest and most immediate judgments which God sends to correct and chastise a Nation, which hath provoked him to displeasure: And Isa. 19. 4. the Egyptians wil I give over into the hand of a cruel Lord, and a fierce King shal rule over them, saies God himself by the Prophet Isaiah; He that can destroy a Nation by what judgement he pleases; he that can humble this people by a famine, and destroy that by a plague, may if he think fit, chuse to doe either by the cruelty and fiercenesse of a King, I gave thee a King in mine anger, Hos. 13. 11. saies the same Spirit by the Prophet Hosea. Now if it were lawful for us to be angry with that King, whō God hath in his anger given us; or to be fierce against him, whose fiercenesse the Lord hath sent as his judgment up­on us, we might easily elude those sentences of his wrath, and drive those afflictions from us, by our own courage, without waiting his leisure for our redemption: And it may be no ill reason of that expression in the Prophet Samuel, that Rebellion is as the sin of Witchcraft, that as men go to Witches, and Witches go to the Devill, to get or discover somewhat, which God would not have them get or discover; so they who rebell, endeavour by the help of the Devil, to be too hard for God Almighty, and to avoid by their own skill and activity, a calamity, by which God meant to reclaim them; The wrath of Prov. 16. 14. a King is as Messengers of death, but a wise man will paci­fie it, saies Solomon; Not, oppose and resist, or rebell a­gainst it; and yet the same Solomon tels us, that wrath is cruell; There is an ingredient of injustice, of unchari­tablenesse, of cruelty in all wrath, and yet the wise man, the honest, just, conscientious man, thinks of nothing but pacifying it; gentlenesse, application, and humility [Page 152] should be used to soften and mollifie his wrath; Indeed, so much is due to any wrath; A wise and a charitable man, will take so much pains to reform and compose the wrath and distemper of his Neighbour, of his e­quall; but there is much more to be done to the wrath of a King; and Tremelius extends this care of the wise man much further, then such a pacifying, and renders this Text, Vir sapiens expiabit eam, let this wrath be ne­ver so unjust, so unreasonable, so immerited, the wise man, expiabit eam; he will behave himself as if the fault were in him, as if he had provoked and incensed the King to that wrath, he will expiate, he will give satisfaction by prayer, by submission, by any sacrifice that may pacifie, and be acceptable to the offended Majesty; and by an exact and punctuall performance of what becomes a Subject, convince the King of the errour and mistake of his passion; They who under pretence of innocence and of faultlesnesse, neglect and contemn the anger and dis­pleasure of Princes, are not innocent enough, nor look on Majesty with that reverence, which becomes them; Solomons wise man will expiate the Kings wrath from what fountain of passion or prejudice soever it proceeds.

It cannot be denied, that unjust, cruell and unmerci­full Princes are great afflictions and judgments upon a people; yet the calamities under such are much more supportable, then the confusion without any; and there­fore God frequently exercised his peculiar and chosen people, with profane, wicked, and tyrannicall Kings, and refreshed them again, with pious, and devout, and just Princes, but it was a signall mark of their desolation, when he declared, that the Children of Israel should abide Hos. 3. 4. 10. 3. many daies without a King, and without a Prince; and it was a sure signe, when they had no King, that they had [Page 153] not feared the Lord, and then what should a King do to them?

If the most notable Ministers of confusion, and they who apprehend least the effects of it, would but a little consider in their own stations, the misery and desolation that must inevitably attend the breach of Order and sub­jection in little; If the Father thought of the impossibi­lity of living in his own house, if his Wife and Children might follow the dictates of their own reasons, and wills, and appetites, without observing his rule and directions; If the Master would consider the intolerablenesse of his condition, if his Servants might question, dispute, and contemn his commands, and act positively against them, they would be the more competent Considerers of the mischiefs and miseries that must befall Kingdomes and Common-wealths; If Subjects may Rebell against the power and authority of Princes, whom God hath appointed to governe over them; There is not one of these Declarers, who doth not think he hath a preroga­tive vested in him by nature; It is the prerogative of the Husband, the Father, the Master, not to have his pleasure disputed, by his Wife, his Child, his Servant, whose piety consists in obedience; yet they cannot endure the men­tion of the Kings prerogative, by, and under which, on­ly it is possible for them to enjoy theirs. It was a wel­weighed scoffe, by which Lycurgus convinced him, who desired him to establish a popular Government in Lacede­mon, Begin (said he) first to do it in thine own house; and truly though these Ephori (whose profession is to curb the power of Kings) intended nothing lesse, then to part with the least tittle of their own just authority, They are appealed to, whether they have not felt that power insen­sibly shrink from them, whilst they have been ambiti­ously [Page 154] grasping at that belonged not to them? Is the piety of Children, and the obedience of Servants the same it was before these daies of licence? Hath not God sent the same defection of reverence, kindnesse, and affe­ctionate inclinations into Families, to the rooting up and extirpating of all possible joy, and delight in each other, which the heads of those Families have cherished and countenanced in the State? It may be there would not be a better or an easier expedient to reduce our selves, and recover that Allegiance we have forsaken, then by sadly waighing and considering, the effects, and kinds, and species of Gods judgments upon us, since we have been guilty of that breach; If every Father whose soule hath been grieved and afflicted with the pertinacious un­dutifulnesse of a Child, would believe (as he hath great reason to do) that God hath sent that perversnesse and obstinacy into his own bowels, to punish his peremptory disobedience to the Father of the Kingdom, his Soveraign Lord the King; If every Master of a Family, who hath been injured, betrayed and oppressed, by the treachery, infidelity, or perjury of a Servant, would remember how false, unfaithfull and forsworn, he hath been to his Master the King, and conclude that his Servant was but the Mi­nister of Gods vengeance upon him, for that transgres­sion; If the whole Nation would consider the scorn, contempt and infamy it now endures and suffers under, with all Nations, Christian and Heathen in the known world, and confesse that God hath sent that heavy judg­ment upon them, for their contempt of him, for whose sake they were owned and taken notice of for a Nation; It would not be possible but we should bring our selves to that true remorse of conscience for the ill we have done, that God would be wrought upon to take off the [Page 155] ill we have suffered, and we could not entertaine a fond hope of injoying the least prosperity our selves, without restoring to the King what hath been rebelliously taken from Him.

They say, that though they have made those resolutions Pag. 37. of making no more applications to the King, yet they will use their utmost endeavours to settle the present Government as may best stand with the peace and happiness of this King­dome. What the present Government is, no man under­stands, and therefore cannot know what that peace and happinesse shall be, which they intend shall accrue to the Kingdome by it; The little Cabinet of Peers (for the House is shrunk into that proportion) hath no share in it, as appeares by the giving possession of the Navy to Rainsborough without their consent, after they had asked it; and by their doing many other things of high mo­ment, without so much as asking their concurrence; That it is not in the Commons is as plain by their repea­ling such Acts of their owne, and making others, as the Army requires them to doe; And that the Army is not possest of it, needs no other Argument, then the invasion and violation of all the Articles ever made by the Army upon any Surrender, which if the power were in them, would for their own honour have been observed, so that the endeavour they promise to use to settle the present Government, is to take an effectuall care, that all Laws and legall Authority may for the present be so suppres­sed, that there may be no Government at all: And truly it may be in their power for some time to improve the confusion that is upon us, and to draw on the desolation which attends us; but to settle any kind of Govern­ment, which can bring peace, or any degree of happi­nesse to the languishing Kingdome, nay which can be [Page 156] any security to themselves and their posterity, except they submit to the good old one, under which they were born, cannot be within their power, nor sink into their reasonable hope: Nothing is more demonstrable, then that they can never establish a peace to the Kingdome, or any security to themselves, but by restoring the just power to the King, and dutifully submitting and joyning themselves to his protection; and it is as manifest, that by that way, they may restore the Kingdome to peace, and preserve themselves and Families and Posterities in full security and honour: The examination and cleering of which two Propositions shall conclude this discourse.

The reverence and superstition which the people gene­rally paid to the name and authority of Parliament, and by which they have been cozened into the miserable condition they now are in, is so worn out, that without captivating their reasons any longer to it as a Councell, they plainly discern, the ambition, weaknesse, vanity, malice, and stupidity of the particular Members, of whom it is, and of whom it ought not to be constituted, and easily conclude, that as they have robbed them of the most happy and plentifull condition any free-man of the world ever enjoyed, so they can never be instruments of any kind of peace and security to them; and that as they have upon the matter dissolved the noblest stru­cture, and frame of government, in Church and State, that hath been at any time in the Christian world, so that they are too much transported with passion and guilt, and of too little interest, experience and understanding, to devise and settle a new form, or to mend any defects in the old: Besides that, they plainly discern that they are not the Ministers of their Country for whom they were chosen and deputed, but for the Army, whose di­ctates [Page 157] they are obliged and forced to follow, so that if their inclinations were good, they have not power to exe­cute accordingly: And are like the Eagle in Esdras, when 2 Esdr. 11. 10. the voice went not out of her head, but from the midst of her body.

The mutuall confidence between them and their Ar­my is totally dissolved, it being not possible for the Hou­ses ever to repose trust in any Army, for they can never believe any Army to be more at their devotion, then they had reason to think that under Sir Thomas Fairfax; nor for the Army to pay a full submission to the Hou­ses, for, admitting that Party which is most powerfull in the Army, for the present, is of the same mind and o­pinion with that Party which is most powerfull in the Houses, yet being both still Rivals for the Soveraigne power, they can never intirely trust, or intirely submit to each other; Though the Houses should consist of none but such who were glad at that time, that the King was taken from Holmby, and that the Army did not disband, yet they will alwaies remember, that the one was done without their Order or consent, and that the Army may do the like again when they think fit, and when it may not turn so much to their advantage; And that they did not onely not disband at that time, but have declared by their solemn Engagement of the Army, 5 of June, That they will not Disband, nor divide, nor suffer them­selves Decl. & Papers of the Army, p. 22. to be divided or disbanded, till they have first secu­rity and satisfaction in those things they have desired, in such manner as shall be agreed upon by a Councell, to consist of those generall Officers of the Army (who have concurred with the Army in what they have done, and what they have demanded) with two Commission Officers, and two Soldiers to be chosen for each Regiment, who have concurred, and [Page 158] shall concur with them in the premises and in this Agree­ment; so that it is evident that the Army will be gover­ned, and disposed of only by themselves, for which they have very great reason, and without which indeed they can have no security, for how complying soever the Houses are for the present, the Souldiers cannot forget, that they were once declared Traytors but for preparing a Petition, and they wisely observe, that what was done, may be done again; and by the demurs which have been made concerning the safety and immunity of the Spea­kers Id. p. 140, 141. and those faithfull Members who were driven away by violence, and the immunity of the Army in advancing to London, (notwithstanding the publick acknowledg­ment and thanksgiving to God for it) They discern that they are only safe, by the want of power in the Houses of what party soever they consist, the ambition, injustice, and tyranny of both being equall.

The Army have already fully declared against their late Votes and resolutions, and therefore it must be pre­sumed they will never concur, or contribute to the sup­porting them: The Generall himself in his Letter of the 6 of June, from Cambridge, to the Speaker, tells him, That as it is his most earnest and humble desire, so he found Decl. and Pa­pers of the Ar­my, p. 23. it to be the unanimous desire and study of the Army, that a firm peace in this Kingdome may be setled, and the Liber­ties of the people cleared and secured, according to the ma­ny Declarations by which they were invited and induced to ingage in the late War; And in the Declaration and re­presentation from the Generall and the whole Army of the 14 of June to the Parliament, they tell them plainly and honestly, That they were not a meer mercenary Army, hired to serve any Arbitrary power of State, but called forth Decl. & Papers of the Army, p. 39. and conjured by the severall Declarations of Parliament to [Page 159] the defence of their owne, and the peoples just Rights and Liberties, and so they take up Armes in judgment and Con­science to those ends, and have so continued them, and are resolved according to the first just desires in their Declara­tions, and such principles as they had received from their frequent Informations, and their own Common sense con­cerning those fundamentall Rights and Liberties; and to assent and vindicate the just power and rights of this King­dome in Parliament for those common ends premised, a­gainst all Arbitrary power, violence, and oppression, and a­gainst all particular parties or interests whatsoever: And in their Remonstrance of the 23 of June from S. Albons, they say, That the Kingdom calls upon them not to disband, Ib. p 63. till they see the Rights, Liberties, and Peace of the King­dome setled, according to the many Declarations, by which they were first called forth, and invited to ingage in the late War.

Now what those ends, desires, and principles were in their Declarations, are set forth before, and known to all men, who have or will read their Declar: to be no other then the maintenance of the true Protestant Religion, the Ex. Col. p. 281. King's just Prerogative, the Lawes and Liberties of the Land, and the Priviledges of Parliament, in which endea­vours (they said, they would still persist though they should perish in the work; And they were so far from avowing, that they would not send to, or hear from the King, or not suffer His Majesty to come to them, that they de­clare, that as they never gave Him any just cause of with­drawing Himself from His great Councell, so it had ever Ib. 588. been, and should ever be far from them to give any impedi­ment to His return; And in their Declaration in Answer to the Kings, after the Battle at Edghill, concerning the allegations, that the Army raised by the Parliament was [Page 160] to murther and depose the King, they say, They hoped Ib. 655. the Contrivers of that Declaration, or any that professed but the name of a Christian, could not have so little charity as to raise such a scandall, especially when they must needs know the Protestation taken by every Member of both Hou­ses, whereby they promise in the presence of Almighty God to defend His Majesties Person: And by that Protesta­tion of the 22 of October, 1642. (remembred before)Ib. 663. they declare in the presence of Almighty God, to this Kingdome and Nation, and to the whole world, That no private passion or respect, no evill intention to His Maje­sties Person, no designe to the prejudice of His just Honour and Authority engaged them to raise Forces, and to take up Armes; So that these being the desires, ends, and prin­ciples in their Declarations, by which the Army was in­vited to ingage in this War, they will not suffer them­selves to be betrayed into a perpetuall abjuring their Al­legiance, or to be made instruments for the destruction of all they were ingaged to defend, but they will discern, that as they may be excused for having upon such spe­cious professions been misled by those, whom they might reasonably believe, (which hath been the case of many honest men) so after so palpable a discovery of their wicked purposes, they can only recover and pre­serve their innocence and credit by abhorring those, who having engaged them to honest publick ends, would now corrupt them to sacrifice their bodies and souls to their own private lusts, malice, and ambitions: And they cannot forget, that true acknowledgment of the Lords and Commons in their Petition of the 14 of De­cember, 1641. to the King, in which they say, they ac­knowledge His Royall favour and protection to be a great blessing and security to them for the injoying and preser­ving [Page 181] of all those publique and private Liberties and Privi­ledges, which belong unto them.

If the people could be so mad; if their fear, or their folly prevailed over them to submit to such a setlement, as these Declarers would devise for them, there are not ten of them, whose names are known to the Kingdome, who do know and are agreed what kind of Government they would establish in Church or State; Their feares and jealousies with which they delighted themselves, are now grown reall diseases, and take away their sleep from them; so that setting aside the peace of Conscience, which they contend not for, there is not a man amongst them injoyes that assurance of outward Security, as the poor Cavalier does, whom they have robbed and spoy­led of all that he hath, upon whom all their pride and plenty looks even with an envy and reverence; Is not the Ezek. 8. 3. seat of the Image of Jealousie, which provoketh to jealousie (as it was in Ezekiel's Vision) in the gate that looketh to­ward the North? and do they not every day look to be destroyed by those, by whose assistance, they have been inabled almost to destroy their Country?

They have not a foundation of credit to be trusted or believed at home or abroad, but not only having broken all obligations divine and humane, but publishing such a contempt of those obligations, that they are not hence­forth capable of any trust; for how can they be believed upon Oaths (which are the most solemn bonds between men, when they are lawfully entred into) when they make glosses & interpretations upon them to serve their turns, directly contrary to the letter and words of the Oath? and if they cannot evade them that way, call them Almanacks of the last year, and so out of date to di­rect Mart. Inde. p. 1 [...]. them? when they with whom they have entred into [Page 182] Treaties, and the most fast League could be devised, and to whom they have obliged themselves, never to trans­act any matter of publique concernment to the King­dome without their concurrence, shall be told) after they have raised them to the pitch they are now at) that they Decl. concer­ning the Scots Papers, p. 62. have nothing to do, to assent, or dissent, attest or protest con­cerning any thing they shall think fit to establish in this Kingdome, either for the Government of Church or State? Nay, when they shall be told, that it is no more manners Mart. Inde: p. 7. in them to presse their advice and insist upon it, then it would be in the same number of Spaniards, Indians, or the most remote Region of the earth; and that so long, as they needed their assistance, they might have occasion to give them meetings now and then, whereas now since they are able to protect themselves, they may surely be sufficient to teach themselves to go about their own businesse?

It will be necessary to adde, that in all their transacti­ons at home, to which they have applied the Publique Faith, they have not only not performed the contracts they have made, but resolved at the time when they made them, not to observe them, as appears by the Or­der of the 2 June, 1646. by which the House of Com­mons resolved, That all persons that have or shall come Col. ord. 2 vol. p. 889. and reside in the Parliament Quarters, shall take the Na­tionall League and Covenant, and the Negative Oath, not­withstanding any Articles that have been or shall be made by the Souldiery: And so they did not only break the Ar­ticles formerly made upon the Surrender of Exeter and other places, but by vertue of this Order, which could not be known to the persons concerned, they evaded those made afterwards upon the Surrender of Oxford, which were confirmed by themselves; of which a prin­cipall Article was, that no man should be compelled to take [Page 183] any Oath during the time he was allowed to stay in London, or at his own House, or where he pleased, which was for the space of Six Months after the Surrender.

As upon these, and infinite other reasons, the affecti­ons and hearts of the people, are quite aliened from the Parliament, so they are with an equall vigour recovered and converted to the King, and a full reverence to His sacred Person (the want of which may be held justly the primary cause of all our evils, and the advancement of all our distractions) and an ample acknowledgment of His Princely wisdome, and unparalleld constancy is con­fessed to be due to Him; And by His truly magnani­mous carriage during the time of His Restraint, when all persons have been removed from Him, who are either inclined to His Person, or Rights, out of their duty and Allegiance, or to His opinions out of judgment and un­derstanding; by His unshaken constancy, in not being moved from His great principles, with all their promi­ses, and all their threats successively administred to Him; by the sharpnesse and steddinesse of His understanding, with which upon all occasions, and in all discourses with the Commissioners, who attended Him, He hath de­monstrated the impiety in point of Religion; the inju­stice in point of Law; the unreasonablenesse in point of Policy, even in relation to themselves, of all that they have proposed to Him in order to Peace, with such a clearnesse of judgment, and such a candidnesse of nature, that some of their own Ministers, not of the softest and gentlest constitutions, have been forced to their disad­vantage, to publish His wonderfull abilities: All men acknowledge that whatsoever hath been wisely said, or prosperously done throughout the managery of his great Affairs, hath proceeded from His own virtue and con­duct; [Page 184] and that all the ill Successes, and oversights, which have preceded and caused those ill successes, were the effects of the unadvisednesse, unskilfulnesse, and pas­sion of His Counsellours and Ministers.

And that the Kings great virtue had, and would have this great influence upon the people, the Army well knew, when (to indear and ingratiate themselves after the taking His Majesty from Holmby) they declared in their Remonstrance of the 23 of Iune from St. Albons, That whereas there had been scandalous informations pre­sented Decl. & Papers of the Army, p. 64. to the Houses, and industriously published in print, importing as if His Majesty were kept as a Prisoner a­mongst them, and barbarously and uncivilly used, they said they could not but declare, that the same, and all other sug­gestions of that sort, were most false and scandalous, and absolutely contrary not only to their declared desires, but also to their principles, which are most clearly for a generall right and just freedome to all men; and therefore upon this occasion (they say) they cannot but declare particularly, that they desire the same for the King and others of His Party, and they further cleerly professed, that they did not see, how there could be any peace to this Kingdome, firm or lasting, without a due consideration of, and provision for the rights, quiet, and immunity of His Majesties Royall Family and His late partakers; And their Generall by his Letter of the 8 of Iuly to the Speaker, which was as soon printed as sent, freely acquainted them, that their Army had Ib. p. 74. made many Addresses to the King, to desire His Majesties free concurrence with the Parliament, for establishing and securing the common Rights and Liberties, and setling the peace of the Kingdome; And to assure Him, that the pub­lique being so provided for, with such His Majesties con­currence, it was fully agreeable to all their principles, and [Page 185] should be their desires and endeavour, That (with and in such setling of the Publique) the Rights of His Majesties Royall Family should be also provided for, so as a lasting peace and agreement might be setled in this Kingdome; And that as they have formerly declared for the same in generall termes, so (if things came to a way of setlement) they should not be wanting (in their sphears) to own that ge­nerall desire in any particulars of naturall or civill right to His Majesties Person or Family, which might not prejudice, or again indanger the Publique: By which gawdy pro­fessions, together with the admission of such Servants and Chaplains to attend His Majesty whom He desired, and which had been barbarously denied by the Houses (who were by this time so sensible of their error, as they desired His Majesties presence amongst them upon His own Conditions) they raised themselves to that credit with the Kings party, with the City of London, and uni­versally with the people, that by this Stratagem onely they grew able and powerfull enough to confine Him to Carisbrooke-Castle, and to proceed since as they have done; And surely when the Army hath throughly weighed and considered the huge advantages they have gotten by those professions and protestations, and how far they have been from making the same good to the King, they will not suffer themselves to be made a stal­king Horse to the vile ends of particular persons, nor let their Morall Righteousnesse, in which they so much tri­umph, to grow into a Proverb, for the highest and most unworthy Craft, Hypocrisie, and Treachery.

It remains now, since by any endeavours of these men, sever'd from the return to their duty and Allegiance, it is not possible for them to establish any peace or happi­nesse to the Kingdome, or security to themselves, to per­swade [Page 186] them that by doing at last the duty of Christians, they may not only preserve their Country, which no bo­dy can doubt, but they may be superiour to any diffi­culties and hazard, their guilt suggests they shall be liable to.

It is yet in their power so absolutely to make the Kings restoration their own work, that His Majesty may be obliged even in point of gratitude to acknowledge it, and to remember only by whose fidelity He hath recovered what He had lost, and not by whose fault He lost it; and His party, (who for Conscience sake have lost all) know that charity is so fundamentall a duty of a Christian, that there is no excuse for the least degree of animosity and revenge, let the injuries they have received be never so great; and the Kings owne experience of men hath sufficiently informed Him, that as many of good incli­nations have by inadvertency & credulity, been cozened into a combination against Him, and it may be, the worst of them grown by degrees worse then they intended to be; so all who have seemed to follow a good cause, are not good men, but had ends as ill as they, whom they opposed; and therefore all mention and memory of for­mer Errors being blotted out, it may be presumed He will trust and imploy all His good Subjects, according to their severall faculties and abilities, without remem­bring how they have been at any time disposed against Him; and they have reason to believe that whatsoever His Majesty shall freely consent to, He will most religi­ously observe, and cause all others to observe it; Let them therefore seasonably enter into a Treaty with His Majesty, attended with such of His Counsell as He shall chuse; and let the fullest Articles be agreed upon, which may give a mutuall assurance of security to all persons [Page 187] and interests, to which His Majesty having given His As­sent in such manner as shall be desired, all His Coun­sell and all Ministers of Justice throughout the King­dome, may be solemnly sworn to those Articles; the which being done, and the same confirmed by such an Act; and in that manner passed as they shall conclude may be valid; Let this unhappy Parliament be dissol­ved, an intermission of Parliament being at this time more necessary for the vindication of the justice, and Lawes of the Kingdome, and restoring a happy peace, then ever a convention of Parliament was for the refor­mation and removing of grievances.

To conclude, unreasonable and unjust Propositions may continue the War, and the distractions; never make a peace, which is nothing, but the liberty to injoy what in justice and right is our due; and as long as the world lasts, that Answer of the Ambassadour from Pri­vernum to the Senate of Rome will be found to be reason, who when he was asked what peace the Romans might depend upon with them, (because they had been guilty of some defection) answered, Si bonam dederitis, & fi­dam, Liv. li. 8. 21. & perpetuam; si malam, haud diuturnam; which that wise Senate confessed to be an honest Answer, and that it was madnesse to believe any people or private person in eâ conditione, cujus eum poeniteat, diutiùs quàm necesse sit mansurum: Let us then (like English men) make up the breach our selves have made, and let not our Country and Posterity owe their redemption to any forain power; but let us prostrate our selves at the feet of our abused Soveraigne, with that hearty acknowledg­ment and testimony which the King of Tyre sent to So­lomon: Because the Lord hath loved his people, he hath 2 Cron. 2. 11▪ made thee King over them; To a profane, dissolute, and [Page 188] licentious people, he hath given the most pious and tem­perate King, to recover & reform them by his example; and to a wicked and rebellious people, the most gentle and mercifull King to preserve them by his goodnesse; But, if they sin wilfully after that they have received the Heb. 10. 26, 27. knowledge of the truth, there remaineth no more sacrifice for sins, but a certain fearfull looking for of judgment, and fiery indignation, which shall devowre the Adversaries.