The royal apology: OR, AN ANSWER TO THE DECLARATION OF THE HOUSE OF COMMONS, the 11. of February, 1647. In which they express the Reasons for their Resolutions for making no more Addresses, nor receiving any from HIS MAJESTY. AT PARIS, Imprinted in the year, 1648. TO MY GOOD countrymen of ENGLAND, and fellow-Subjects of SCOTLAND, & IRELAND. I Shall not in this Epistle tell you, that by the Word of God, he that resisteth the Powers ordained over us, shall receive to himself Damnation; nor that by the Law of the Land, it is High Treason to levy War against the King, to depose Him from the Government, to imprison Him, to adhere to His Enemies, to reform Him by force, or to do any thing with intention to alienate the Hearts and affections of the People from Him; neither shall I tell you that it is Perjury, and against our solemn oaths and Protestations, not to bear unto the King true Faith and allegiance, and not to defend His Person and Honour, and not to maintain all His just Rights. I shall only put you in mind of that, which, if we were no Christians but Heathens, if we had no regard of laws or oaths, yet as Men, would bind us, which is the Law of Nature, by which we are taught, to do as we would be done unto. Let every man in his own particular consider, that if he were accused of Tyranny and Oppression, of all sorts of cruelties, of intending bloody Massacres, of merciless Torturings, of Perjury, of a continued Track of falsehood, and breach of vows and Promises through his whole life, of conniving at his father's death, and dishonouring of his Mother, and in them all, not one word of truth; would he not think it a most barbarous, irrational, and inhuman proceeding, that he should not only be used as if he were guilty of them all, but that he should be rendered odious to the world, and infamous to posterity, without ever being heard or admitted to the means of making any Answer, whereby to clear his Innocency and Honour? This is your King's case, who notwithstanding this libellous Declaration, and His great misfortunes, is one of the most pious, temperate, courageous, and just Princes that our Nation ever had. If He may be afforded no other right, let Him not be denied that natural Justice which every man would think due unto himself, of not being condemned unheard and undefended; for whatsoever is set down in this Answer, is but one private man's knowledge and information; But when you shall see the Kings own perfect Answer, I am most confident your hearts will be on fire to see so good a King so ill used. IN regard that some particulars relating to the same matter, are spoken of in several places of this Declaration, for the avoiding of confusion in the Answer, they are answered together; so that in some things the place of them is not exactly kept, but sometimes that which is before in the Declaration, is after in the Answer, therefore in this Index each particular is set down, and in what page the answer to it shall be found. THe Introduction. Page 1, 2 That their former Addresses to the King have been fruitless. 3 They could have no confidence that words should be more persuasive with the King, than sighs and groans, &c. 4 That they have made seven Addresses to the King. ibid. In what sort the Scotch Commissioners joined with them; and the Reasons why they conceal the Scots present dissent from them. 5, 6 That the King never made any offer fit for them to accept. 7 They say, they cannot expect that new engagements should prevail more with the King than His Oath of Coronation, and several other vows which He hath frequently broken. 8 That the King in His Speeches and Declarations hath laid a fit maxim for all tyranny, by avowing that He oweth account of His Actions to none but God. 9 The match with Spain. 10 The Kings having an Agent at Rome. ibid. The passages concerning the death of King James. 10, 11, 12, 13 Touching the betraying of Rochel. 13, 14 The bringing in of German Horse. 15 Torturing of our bodies with racks and pillories, &c. 15, 16 The Lording over men's souls. 17 Searching of Cabinets. ibid. Monopolies and Ship-money. 18 The Kings summoning this present Parliament to have assistance against the Scots. 19 The King so passionately affected to His malignant Counsellors, that He would rather desert His Parliament and kingdom, then deliver them to Law and Justice. 19, 20, 21 The bringing up of the Northern Army. 21, 22 The Rebellion of Ireland answered together. 23, 24, 25, 26 The Kings denying of Commissions to the Lord Wharton, & Lord Brook. 26 They say they need not tell the world how the Scots entered the Kingdom. ib. The Lord Digby's attempting the Country with armed Troops. 26 The Lord Digby's man hiring a Skipper to be Pilot to a Fleet preparing in Denmark. 27 The King's Letters to the K. of Denmark touching the Queen his Mother. ib. That the King sent away with the Qu. the ancient Jewels of the Crown. ib. The King sent a specious Message of renewing a Treaty, but His Messenger was to have managed a bloody Massacre. pag. 27, 28 Touching the Kings march to Brainford. pag. 28 The Kings denying to receive their Petitions. ibid. All things concerning the Queen answered together. pag. 28, 29 Touching the Letters written to the Pope. pag. 30 The Kings offer of the plunder of London, and four Northern Counties to the Scots. pag. 30, 31 Fire works found in Papists houses. pag. 31 Of putting the Tower into such hands at the City could not confide in. ib. The Track of open force begun in the Kings coming to the House, and charging some Members of Treason. 32 That the King entered into the council-book, that the calling of them a Parliament did not make them so. 33 Their standing amazed at the King's solemn Protestation of having no thought to make War against his Parliament, &c. ibid. That the King endeavoured to get Powder and Cannon out of Hull. ib. That the King proclaimed them Traitors and Rebels, and set up his Standard against his Parliament. 34 That the King called a Mock-Parliament at Oxford. ib. The King's breach of Trust with the Protestants of France, Scotland, Ireland, &c. and His endeavours to enslave them by German, Spanish, French, Danish, &c. 35 That the King having protested that He would never consent to a Toleration of the Popish Religion, nor taking away the laws against Recusants, did yet by His Letters signify His consent to the taking of them away. ib. That notwithstanding that the Houses and Scotch Commissioners did declare that they held a personal Treaty not safe, yet the Houses yielded to it. 36 That they intimate that the signing of the four bills was only for their security during the Treaty. ib. Of the justness, honourableness, and necessity of the four bills. 37, 38 That in refusing this their last Application, the King hath forgot His duty to the kingdom. 39 That for these reasons they have taken these resolutions and votes, to have no more to do with His Majesty, and to settle the Kingdom without Him. 40 The Conclusion, setting down the falsehood, fraud, and malice of all that is said in this Declaration. 40, 41, 42 The royal Apology. OR, An ANSWER to the DECLARATION of the House of Commons of the 11. of Feb. 1647. in which they express the Reasons of their Resolutions for making no more Addresses, nor receiving any, From His Majesty. WHen the Son of Croesus who had never spoken (being borne dumb) saw his father ready to be destroyed, nature broke open all those ligaments that had formerly tied up his tongue, & he cried out, That his Father might be saved: The King that ought to be the common Father of us all, & is still of his loyal Subjects, is upon the point of being destroyed; He is deposed from his right of Governing, close imprisoned, and no Addresses either to Him, or from Him is admitted; and which is more, His honour and Innocency which are dearer to him then his Life, are endeavoured by this wicked and false Declaration (made by the House of Commons) to be blasted, and Himself rendered to His people and to Posterity, the most odious and detestable of Men, and the most tyrannical of Kings, whilst He himself is detained in close prison, and in likelihood kept ignorant of what is said, or working against Him; Or if He (for His further vexation) have notice of what He is accused, all means of clearing Himself, and vindicating. His honour are debarred Him; His Papers of the Transaction of affairs kept from Him; the access of any of His Secretaries, or His Privy counsel, or counsel of Law not admitted. The Houses when they impeach the most capital Offenders even of high Treason, in such Cases the supposed Delinquents are allowed Transcripts of their Accusations, counsel in the point of Law, and a convenient time for the publishing of their Answer; and this was afforded unto the Earl of Strafford, the Archbishop of Canterbury, and is now to the six Lords impeached of high Treason; & is a Justice not denied to Traitors & Murderers? But how it can be afforded to the King, I cannot see, since He himself can make no address whereby to obtain it, and no man else may upon pain of death make any address unto him to receive his directions. This certainly may be a sufficient motive to any man, nay to all men, as it hath been to me, in this distress and oppression of the King, to set down what is in their knowledge and reason toward the confuting of those malicious Aspersions cast upon him by this Declaration, until God shall give the King means by his own full and perfect Answer to blow back the poisonous and infectious vapours into the faces of that prevalent Party (that with Art and terror carried this Declaration) to their perpetual infamy and shame: And in the interim, I shall desire that this may be received but only as a preparative to keep the minds of men from being too much carried away with one story until the other Tale be told. THe Scope of this Declaration is expressed to be, to set down the Reasons for these ensuing Resolutions. 1. That they will make no farther Addresses nor Applications to the King. 2. That no Application nor Addresses be made to the King by any Person whatsoever, without the leave of both Houses. 3. That they will receive no more any Message from the King, & do enjoin that to Person whatsoever do presume to receive, or bring any Message from the King to both or either House of Parliament, or to any other Person. 4. That the Person or Persons that shall make breach of this Order, shall incur the Penalties of high Treason. So that it may be justly expected that this Declaration shall lay down unto the people whom they intend to satisfy, such Reasons as may justify the said Votes, with the Consequences and proceedings thereupon. And the way to make plain the strength of their Argument, is, to set it down plainly, which must run thus; A King having committed those crimes which are set down in this Declaration, the Houses may remove from the Government, imprison Him, and debar all Addresses to him and from him, as they have done. But King Charles hath committed these crimes; and so the Houses may proceed against Him, as they have done. When a clear Answer shall be made unto this Argument, the debate will be brought unto a shorter issue, and the people before whom the seen now lieth, will have an easy way to frame a Judgement, whether they ought to be satisfied with the proceeding of the Houses, [as is pretended by this Declaration,] or whether they shall not have just cause to detest and abominate both their Declaration and their Proceedings. The Answer briefly is, That both Propositions are false; The first, that a King doing those things laid down in this Declaration may be removed from the Government, imprisoned, &c. by the Houses. The second is, That King Charles hath done the things alleged in this Declaration; But because the second Proposition is that which this Declaration endeavours chiefly to infer and make good, This Answer shall first insist upon the truth or falsehood of the matters of fact; viz. Whether the King have done the things suggested? And afterward show briefly, the Impiety, danger, and treasonableness of the first; viz. That subjects may upon Suggestions, if true as they are false, depose their King. THE entrance into this Declaration is in these Words; How fruitless our former Addresses have been to the King, is well known unto the World. It is willingly left unto the Judgement of the World to whom they appeal, whether the Addresses of the Houses [whilst their Addresses were made unto the King in such dutiful and sober manner as Subjects, yea even the Houses themselves ought to address themselves unto their King] were fruitless, when so many things have by the King been this Parliament condescended unto, as have enforced them to acknowledge in some of their public Declarations, That the King hath granted more for the liberty and ease of his people, then had been granted by any of his Predecessors; I think with truth it might have been said, than all of them; and it will not be amiss to set down some of them; The high Court of Star-Chamber; The high Commission, and five Courts more of Justice, all established by Law (pretended to be for the ease of the people, but apparently much to the lessening of the Authority of the Crown) have been wholly abolished; an Act for a triennial Parliament; another for the taking away of the King's undoubted Power of dissolving this, without the Consent of the Houses; an Act for regulating the power of the council Table, according to their own desires; an Act for the taking away the Bishops Votes in Parliament; an Act for the bounding and limiting of forests; others for the restraining of the King to lay Impositions, to levy Tonnage and Poundage, or to press soldiers without consent of Parliament. All these with many more have been the fruits of their former addresses unto the King; And now if they find any stop or refusal in what they propound, it is not for that the King's inclination and readiness to gratify his people is lessened or altered; but it is that they have altered their mannerly and dutiful ways of their Addresses, and now will force by arms and Victories what they had wont to petition for. And for the matters desired, whereas before there was in them a pretence of the King's honour and safety, and of the Subjects ease and liberty, in the Propositions now insisted upon, it is clearly apparent, That the King is by them unthroned; The sovereignty taken from Him, and placed in themselves; And the Subject (which if they would have contented themselves with the above specified Concessions, should have been the happiest and freest people of all the Subjects in Christendom) shall (if the King should condescend to their late demands) become Slaves in their Liberties, Lives, and Properties, by being left to the arbitrary and lawless Power of them, their fellow Subjects; and this is so believed by all men but themselves and their Adherents, even by their brethren of Scotland, which hath administered unto them just grounds of their dissenting from them; as shall be made apparent before this discourse be ended. Whereas they say next, That they could not have confidence that words should prevail more with Him than Sighs and groans, &c. Let the world judge whether these men at ease and invested with all Power and Authority, are more likely to be moved with sighs and groans, cries of Fathers, & Mothers, & Children, &c. or the King who is debarred the society of the Queen his most dear Wife; his Children banished or under restraint; His Friends ruined, destroyed, and persecuted; and some for their love and Loyalty to His Person, hanged, drawn, and quartered; and all in danger of it, that shall in any sort endeavour to serve him; himself divested of all manner of comfort either for His body or Soul; besides the tender sense that he must needs have of the miseries of his people: must not the World conclude the King not only to be void of all natural affections, and all bowels of compassion, both towards Himself, and all that are nearest and dearest unto Him, but to want also common sense and understanding, if He should not embrace all means that with honour and conscience He might, for the speediest settlement of the distracted and miserable condition of himself, and His kingdoms? It is then said, that they were never forced to any Treaty, and yet they have made seven times application to the King, notwithstanding their great success in overthrowing all His forces, so that he fled in disguise to the Scots. It is true, that they so well laid their business, that at the first they possessed themselves of the power of all the Kingdom both by sea and land; of the City of London; and of the King's Customs; of his Revenue; of His magazines; and of the abused hearts of his people; whereas the King wanting every thing but a good cause, hath from the beginning only struggled to subsist: But let not success against the King be vaunted of; success is not always a Proof of a good Cause, God hath often punished his Church by the power of Infidels, and made wicked men the Scourge wherewith he hath chastised his Children, and then cast the rod into the fire, and lifted up the heads of his afflicted Servants. Whereas they say, That they have made 7. times applications unto the King for Peace, Their own consciences (I mean so many of them as have been behind the Curtain) do tell them, That so many times they have offended God, and abused the World with detestable hypocrisy, by making show of that which was never in their thoughts: And all the said Treaties which they speak of, were ever with those unreasonable, unconscionable, & dishonourable Propositions, that they well knew that their Intentions of continuing of a War could run no hazard by such Proposals for Peace; yet whosoever shall peruse all those several Treaties which are with great exactness set down in their own Books (and printed by their own Order) of Exact Collections, will to be able judge of the difference of Spirits then walking; In them instead of Reasons, it will be found that improbable future fears and jealousies, and the advantage of their present Condition, have been the ground of their Proposals; And on His majesty's part there will be clearly seen, a bowing and stretching to a Compliance with them, to the utmost that could stand with his Conscience, Safety, and Honour: To these Volumes of theirs, I refer the Reader, that seeing both sides, he may frame unto himself a Judgement where the fault lies, if their Addresses have been fruitless. To countenance no more their former Treaties, and the Conditions proposed in them, they further say, That in all their former Addresses the Commissioners of Scotland agreed with them, and joined with their Commissioners in attending the King. In which Affirmation they do not use the ingenuity and clearness which the House hath in former Parliaments used to do, in that which they published unto the Kingdom; for although it be true, that the Commissioners of Scotland agreed to the sending of the Propositions unto the King at Newcastle, yet in their public printed Declaration of their said consent, bearing date the 25. of June 1646. they declare their want of satisfaction in many particulars; in so much as they say, That some of the particulars are inconsistent with the word of God, and others wherein they remain unsatisfied: yet notwithstanding so great was their desire to see an end of this bloody war, & the easing of those heavy pressures under which both the Kingdoms groaned, that upon those Considerations they consented to many material parts of those Propositions; & to make no let, but to give way to the sending of such other particulars, as they were still unsatisfied in the matter, for the reasons formerly presented in their Papers unto the Houses. And this their Assent they declare to be with several provisoes, as will appear by their said Answer; The last of which, is, that it is not their Judgement that every particular of these Propositions is of so great importance to the Kingdoms, that Peace and War should depend thereupon. Now let it be impartially judged, whether it be an ingenious manner of proceeding, to set down a perfect consent, & to conceal the conditions, and provisoes, upon the which the Scots declare their consent, is grounded. But that which is most remarkable concerning the Scots, is, that having thus artificially insinuated to the people their former concurrence with them, now when they make their Declaration to the kingdom, for the stating truly of the whole business, and the reason for having no more to do with the King, grounded upon the Kings last Answer concerning the four bills, they remember not in this their final Declaration, the dissent of the Scots; nor their unanswerable Reasons for their said dissent; nor the Protestations of the said Commissioners delivered unto the King in the name of the Kingdom of Scotland, declaring their dissent to those Propositions; for the not yielding whereunto, the King is not only by these Votes deposed in effect, and another government without Him set up by themselves, but His royal Person used with greater severity, & inhumanity, than thieves, and murderers are in the common gaols; for to them it is permitted to have the comfort of physicians for the body, and of Divines for their souls, whereas to the King there is no means left to ask them. The reason why they conceal this dissent of the Scots, is, for that they would have the King's refusal of the bills, to be ascribed only to his wilfulness, and to his persisting in his wonted ways (as they call it;) but would not have the people think that the King had many of his mind; whereas if the truth might appear, it would be found, that few besides that prevalent party in the lower House, and Army, with the Sectaries depending on them, that hold not their Propositions most unreasonable, and their usage of the King most detestable. Further, if the former assent, and concurrence of the Scots with them, be used as an argument for the countenancing, and better justifying of their former Treatise and Propositions; their present dissent, and their unanswerable reasons set down in their Declaration against the four bills, against their denial of the King a personal Treaty, and against his want of freedom, together with their solemn Protestation grounded upon them, in the name of the whole kingdom, aught in reason at least to put a stand upon men's judgements until all tales be told; and not be carried away by a Declaration of the single House of Commons, without the concurrence of the Peers; and not passed unanimously in that House, but by the power of a prevalent party. For whosoever shall consider the former brotherhood, and strict union betwixt the Houses and the Scots; and how subservient they have been unto them, and their affairs; how they have twice entered this Kingdom, The first time by their invitement, The second time by their most earnest solicitation and hire; and how the Scots choose rather the adherence to them, then unto their own native King; how far they gratify them by delivery of him into their hands; and how they were become brothers in Interests, in arms, in Covenant; whosoever shall consider this strict conjunction, cannot but think that the Scots have some great reason of Conscience, Interest, and Honour, for their present deserting of them in these their new demands, and rigorous way of proceeding with the King. The nation hath seldom been charged with want of prudence or dexterity in their actions; & the Houses have found (as to them) great justness, and punctuality in their proceedings; by coming in according to agreement, and by going out according to promise; but now finding not only their Covenants and Agreements eluded, but the very grounds and true ends for which they say they entered into Covenant, and jointly took up arms, viz. The reformation and conformity in Religion, the defence of the King's Person, honour, and just greatness, with the Laws, and Liberties of the Kingdom, &c. If they now find that the ways which the now prevalent party do pursue, are destructive to them all, and diametrical opposite to these settlements which they have always declared to intend; as if instead of conformity in Religion there shall be brought in, & tolerated a multitude of Heresies and Sects; If instead of the King's honour, safety, and greatness, they that have had more than a hundred Kings, shall see Monarchy intended to be leveled, and the person of their native King, worse used than a thief, or murderer in a gaol; If they shall see all Law, Liberty, & property of the Subject, endeavoured to be settled under the arbitrary tyrannical Power of a prevalent party, and an overawing Army; If all these things be, who can wonder if the Scots have changed their way, and concurrence, when they find all those Principles upon which they were engaged, to be totally changed. It hath therefore been wisdom in this Declaration, to mention the Scots former concurrence, and to pass by their present dissent, the cause whereof they knew will not endure the searching. They then say, the King never made any offer fit for them to accept: It seems the Scots are of another mind, who declare their judgements to be, that his offers from Carisbrooke-Castle might have given satisfaction. But since they will never remember any thing, but that which is for their advantage, it will be fit to put them in mind of some petty slight offers, that by the King have been made unto them, leaving aside his general Request unto them. That they would set down together all such means as would give them satisfaction, whereunto they should receive a gracious and satisfactory answer, to all that they could justly or reasonably desire; but this being in January, 1642. time may have worn it out of memory: But they may remember his offers from Holdenby, from Hampton-Court, and from Carisbrooke-Castle, In them He offered the settling of Religion in the Presbyterian way (which was that which themselves had Voted) for three years, and then to be fully settled as should be agreed on by their own assembly of Divines, only with the addition of twenty to be nominated by Himself, to the end that before a full and final settlement all reasons might be heard, yet no doubt might be raised of carrying any thing by plurality of Votes, since those nominated by themselves, were four times the number. He hath offered, to put the whole power of the Kingdom both by sea and land into their hands, during the whole term of His reign. And for the civil Government, he hath offered them, the nomination of all those Ministers by whom the kingdom is to be governed. He hath offered, a general pardon & an Act of oblivion; which is an important point, if that be true which Sir Edw. Cook, Judge Jenkins, and all the books of Law do tell us; or that the Army have not changed their minds, who a few months since did declare, that no indemnity could be safe without the royal assent, and that they would not be satisfied with any other. He hath offered 400000. Pounds, to be paid in the space of one year and an half, for the payment of the arrears of the Army: But all these trifles are not worthy to be remembered, although their memory doth serve them better, when they come to make up the Catalogue of these false and scandalous reproaches, wherewith they revile their King, the Lord's Anointed. But whereas they say, That the King's offers are not fit for them to accept; in that certainly they declare the truth, if they make their own unlimited aims, and ambitions, the measure of what is fit for them; for they will no ways content themselves, with such a narrow and unlimited sovereignty as our former Kings have had, restrained in our Laws, in our liberties, & in our proprieties; but they pro arbitrio will levy what forces they please, without limitation of number, or distinction of persons, or quality; raise what moneys they please, for the support of this their military dominion; and make what laws they list, without any other assent but their own, and remain everlastingly a representative of the people, whether they will or not; so that really making their aims and intentions the measure of what is fit for them to accept, no offers or conditions can be fit for them, that shall not establish them in a more absolute power and dominion then ever any King of England had; or any King of Christendom hath; or the Grand signior himself doth practice. They then say, They cannot see how it should be expected, that a new engagement could prevail on Him, or engage Him more, than the solemn Oath at His Coronation, with several other vows, protestations, and imprecations, so frequently broken by Him, during His whole Reign. Let it be calmly considered of, whether this be a modest, and decent way of a House of Commons, thus upon generals to charge their King as a perjured man, whom they have ever professed they would make a glorious King; especially when their said charge is as false in the matter, as shameful in the manner; for they are not able to fix upon the King any one particular, wherein He hath broken His Oath or Protestation, when the truth of the fact, and circumstances, shall be truly set down on the behalf of the King, as well as their false relations of the said fact, with their inferences, strains, and malicious glosses thereupon, and doubtless if the King were not highly punctual, & religious in the observance of the said Oath, He would not suffer those miseries & hazards which He doth, rather than infringe it. But let the breaking of Oaths & Protestations, be with equality looked upon; let the obligation of their natural Allegiance, the oaths of Supremacy and allegiance, without taking whereof they cannot be Members of their House; Let the solemn Protestation taken by them at the beginning of this Parliament, in which they did promise, vow, and protest in the presence of God, with their life, power, & estate, according to the duty of their allegiance, to maintain, and defend His majesty's royal Person, Honour & Estate; which, how well it hath been performed, let their own consciences tell them. Let their solemn League and Covenant taken with their hands lifted up to God never to depart from that blessed union & conjunction, as they shall answer it in the presence of God, the Searcher of all hearts, at the dreadful day of judgement, how they have kept it, let their brethren of Scotland tell them; & M. Martin who styles it, an almanac of the last year, & out of date; and the Answer of the Scots Declaration, that termeth it absurd, & hypocritical; human, & so alterable. Let them remember all these, and their often repeated Protestations of making the King a glorious King, and consider their present usage of His Person, & their endeavours by this Declaration, of rendering Him infamous to the world, and to all posterity. Let them likewise consider that their present animosity against the King, is chiefly because they cannot make Him consent to be perjured. He hath sworn to maintain the Laws; to protect His Subjects; to defend the Church; to maintain the Religion established by the Laws; to uphold the just rights inherent in the Crown, or legally thereunto annexed; and because He will not consent to be perjured in them all, (which He must be, if He should consent to their demands) He must be declared unworthy to govern; and (as hath been said by some among them) not worthy to live; be close imprisoned, and debarred of all comforts of life. God in his due time will be Judge between them and the King, and so will be all sober and disinterested men. Then they say, That the King in His public Speeches and Declarations, hath laid a fit foundation for all tyranny, by this most destructive maxim or principle, which He saith He must avow, That HE OWETH AN ACCOUNT OF HIS ACTIONS TO NONE BUT GOD ALONE; AND THAT THE HOUSES OF PARLIAMENT joint OR SEPARATR HAVE NO POWER TO MAKE OR DECLARE ANY LAW. For the first part of this maxim, the King avoweth but that which the Law of God and the Law of England avoweth; and what all the Monarchs and States of Christendom, that have sovereign & supreme power will avow; and would punish as high and capital offenders, any that should avow the contrary. As for the second clause, the King hath often declared, That He doth not pretend to the making of Laws singly of himself, but by the advice and consent of the two Houses: neither can the Houses joint or separate, nor He with the consent of either House alone, make a Law, but there must be a concurrence of all three: The two Houses first to consent and pray, and then the King maketh it a Law, by his declaring the royal assent by Le Roy le veut. As for the declaring of the Law, that it is the interpreting of the Law in dubiis & obscuris, vel si aliqua dictio duos contineat intellectus: If the words of the Law be doubtful and obscure, or may bear two senses; the judges in their Courts may interpret and declare the meaning of the Law, and the same is done in Parliament upon Writs of Error; but that is in the high Court of Parliament before the King and the Lords, and not before the Commons, who are no Court: But this Declaration must not be understood of plain and clear cases, nor to the overthrowing of the literal sense, nor of the equity of the Law; otherwise to declare and to make a Law, were all one in effect. But not to enter upon any moot Case, or contestation of a Law point, Let it be judged, whether upon this maxim, it be a sober or dutiful expression, that the King hath laid a foundation for all tyranny; but especially whether from this charge any just or colourable ground may be laid, for the justifying of their Votes, or their present proceeding with the King. They then speak of the Articles for the intended match with Spain, which were treated of 25 years since by King James; And likewise of the Articles of the match with France, which certainly should be without their cognizance, for the Houses of Parliament have declared often, the the making of peace and war, and the marriage of the King's Children, belong wholly to the King; And it is well known that Queen Elizabeth inprisoned a Member of the House of commons, for presuming to speak in that House concerning Her marriage. And the Articles of the marriage with France, were likewise agreed by King James before His death; but howsoever, it is a great audacity in the House of Commons, singly, (after more than 20. years, and many intervenient Parliaments that would never presume to meddle with the King's marriage, nor the treaty thereupon) now to draw arguments from thence, whereby to disaffect the people to the King; but that they will leave no corner unswept, nor action unstrained, whereby they may render the King less beloved. And as for keeping a continued correspondency with Rome, or having an Agent of His there (as is alleged in this Declaration;) it is most false. The Queen perhaps may have had and maintained some person there, for such things as she held necessary for Her, in point of Her devotion; & it is well-known, that concerning the affairs of the Princes of Christendom, from no place so perfect knowledge and intelligence could be got as from Rome; & Q. Elizabeth, and King James (that were wise Princes, & no Papists) were of that mind, and were at no small charge to hold correspondency from time to time with every eminent person of that Court, without the leave of the House of Commons, being a body not well modelled for secrecy, consisting of near five hundred persons; But the hatred to the Pope & Rome is such, that it was thought the very naming of them, would reflect with some hatred upon the King, which was that which was only aimed at. Then they come to plant their main piece of battery, or indeed rather to work in their Mine, whereby they would blow up the Honour of His Majesty, in order to the making of Him a glorious King; by calling to mind, and reviving the pastages in the Parliament, the second year of His Reign, concerning the death of his royal Father as they term it; whereas in all their impeachment against the Duke of Buckingham, they did never so, much as accuse him, or lay to his charge the death of King James; but only called that which he had done, an audacious Action; & voted that he should be accused only of a misdemeanour of so high a nature, as might justly be called, & so was deemed by the said Commons to be, an Act of a transcendent presumption, & dangerous consequence; & for such, transmitted it to the Lords. But now conceiving it would be much for their turn, to have it insinuated & let into the people, that amongst the Articles of their Declaration against the King, one was touching the death of His Father, for so they style it, viz. The proceeding and passages of Parliament concerning the death of His royal Father, the passages whereof shall be truly related in the subsequent Narration. King James fell sick in the spring 1625. and His sickness began with an ordinary tertian intermittant Ague, which is not held mortal, especially in the Spring; but the King having a full body, & hard to be ruled or governed by his physicians in His sickness, His tertian turned into a continual fever, whereof he died. In the time of His sickness, certain plasters and posset-drinks were applied & given to Him, such as are ordinarily used to be given by women in the country; for that men seldom apply themselves to physicians in ordinary Agues, but to such received and known medicines as are commonly used; and these were said to be given by the Duke of Buckingham's procurement, and prepared in his lodgings, without the direction or knowledge of the physicians, until after they had been administered unto the King: After almost two years (there having been in the interim a Parliament, and nothing stirred in the business) the Duke of Bukingham having much distasted the Houses, and they being highly incensed against him, a ready ear was given to all complaints, that might afford any probability of questioning of him and his actions; And there were several Articles by way of impeachment exhibited against him to the House of Peers; and among them, one was touching the Duke's administering of drinks and plasters, without the consent or knowledge of the physicians; & many physicians and others were examined, and it was with great vehemency pressed, that there might have been an accusation of Treason drawn up against him thereupon. But when the said Article came to be Voted in the House of Commons, and the case and evidence had been truly stated before them by Sir Dudley Diggs, who, with Master Wansford and others, had the managing of that Article of their charge, the House did hold it fit that he should not be impeached of Treason (the evidence indeed not bearing it) but only of a transcendent presumption, as is truly set down in their Declaration; but if there had been any the least ground, or evidence of any wicked intention in the Duke to destroy the King, or any Symptoms that the King's death had been caused or hastened by those things that were given; or that the said drinks and plasters had been of any noxious or hurtful quality; it is well known, that the detestation against the Duke at that time was such, that He would not have been forborn, if the evidence would have born an impeachment of Treason; & many pressed it far, alleging that without an accusation of Treason, they could neither remove the Duke from about the King's Person, nor from sitting in the Houses of Peers, without which it was thought they would hardly prevail against the Duke; but the evidence falling short, it was carried in the House for an impeachment only of misdemeanour, & a transcendent Presumption, & not of Treason; And of these particulars some now sitting among them, (if they had had so much ingenuity, or had not been restrained with fear) might have informed them; And they might have been likewise pleased to remember, that it was proved before them, that the King was emboweled and embaumed publicly, & no symptoms appeared, but that He died naturally of His sickness. And this their Declaration (although it be set out with some strains and aggravations) containeth little more than is here declared; concluding in these words: That it is an offence and misdemeanour of so high a nature, as may be justly called, and is by the said Commons deemed to be, an Act of transcendent presumption & of dangerous consequence. So that by their own charge nothing is laid down against the Duke, but a misdemeanour & an adventurous Act, unto which they confess in this Declaration, that he put in His Answer the 8. of June; and the said Answer doth yet remain upon record in the journal book of the House of Peers: And certainly it had been much more fair and ingenious, to have likewise set down the Answer, and not to have published only the Accusation, and concealed from the world the Duke's Answer, since they do acknowledge that they knew of the Answer; but it should seem that made not for their purpose; If the Answer had been weak and impertinent, doubtless they would not have passed by that which would have added strength to their own suggestion; but finding the Answer such as formerly had discouraged them any further to stir in the business, they have judged it fitter to pass it by; for it must be known, that after the Parliament which they speak of to be dissolved, & in which this impeachment was exhibited against the Duke, there was (before the Duke was slain) another Parliament, in the which the Duke fat in the House of Peers; but the House having seen the Duke's Answer, thought it not fit to revive their former accusation, but have let it lie asleep almost this 20. years, until their malice, and desire to blast their King, hath awakened it. In all their Declaration there is not one word reflecting upon the King, but that He caused not (as they say) the Duke's presupposed misdemeanour (which they, to make the story seem more odious, call the King's death) to be legally persecuted; in which many amongst them must needs conceal their knowledge, that upon the breaking up of the Parliament, there was by the Kings than attorney general, a Bill exhibited in the Star-chamber (which is the supreme Court where all high crimes and misdemeanours are judged) and that at the instance of the said Duke, who said he would not have that cause which so highly concerned him, to lie buried, but that he would acquit himself of that foul Aspersion, though it should be with hazard of his life; But his employments to the Isle of Re, and death following not long after, gave an end to any further prosecution. So that having in their own Declaration not charged any thing against the Duke of Buckingham, more than misdemeanour and high presumption; nor the least reflection upon the King, but only of not causing the said misdemeanour of the Duke to have been legally prosecuted, which was hindered by the Duke's death, and the impediments formerly set down; the sole end and scope of inserting this particular in their Declaration is evident to be, to make the King odious, as judging that nothing could more incense the world against Him, or make His sufferings less commiserable, then to have it insinuated unto the people, that among many Articles against Him, one is concerning the death of His Father; which how groundless soever, yet they think that it may in the interim amuse the people, and possess them with prejudice against the King, and not make them have that sense and compassion of Him, & detestation of His wicked usage, as otherwise they would have. And certainly amongst all those artifices which have been used against Him, to alienate the hearts of His people from Him, & to render Him odious to the world, this is one of the most false, malicious, and subtle; & which can have no other drift, but by the detestableness of this aspersion, to allay the detestableness of their proceeding towards Him, which certainly no age can parallel of Subjects towards their King. Touching the business of Rochel, it is true that the King was persuaded to lend some of His Ships to the French King; He was newly Married unto that King's Sister, and entered into a new strict League and alliance with that Crown, being then at difference with Spain; and certainly there might be many secret reasons of State, for the Kings obliging the French King at that time, which may be altogether unknown unto the Houses of Parliament, for that it was the doctrine of those times, that all things belonging to peace or war, or the marriage of his children, did solely and singly belong unto the King; neither need He consult with His people therein, unless He craved their assistance in Parliament by way of Subsidy, or supply; and it is strange they should now interpose by way of charge, in business passed more than 20. years since; but that they leave no corner unsought, from whence it may be conceived any think may be raked to make the King odious, as the aim in this particular is to do in two kinds; first, by adding strength unto that false & wicked aspersion of the King's unfirmness in the Protestant Religion: secondly, by nourishing that distaste which they have with great industry & artifice raised in those of the Reformed Religion in France, & other places against Him. It is true, that counsel pleased not many; & the use that was made of those ships was distasteful; which the King, and the Duke of Buckingham (on whom the council of that action, and the blame was chiefly cast) to show that there was no intention by the loan of those ships, to lend a hand to the destruction of the Protestants; endeavoured to redeem that mishap, by actually entering into a war with the Crown of France, for which one of the chief reasons was (although there were likewise other distastes) the wrong employing of those Ships (which the King had lent) contrary to the King's intention, and the intimation of the French, how they intended to make use of the said Ships; & it is fit likewise to be known, that this business was first treated in King James his time. And that it was contrary to the King's intention, may appear by his subsequent actions: for He avowedly sent a fleet, and an Army to the Isle of Re, under the command of the Duke of Buckingham, and to be advised by Mr. de Soubize, how those forces might be best employed for the relief of Rochel, & those of the Reformed Religion: And although the expedition to the Isle of Re proved not successful; yet the intention and not the success, is to be looked upon; & the Duke of Buckingham pursued this intention of relieving Rochel, and the Protestants; & to that end a new Army, and a new Fleet was prepared, & he in person was gone to Portsmouth, ready to set sail for the said enterprise, when by the hands of Felton he was suddenly slain; & thereby those succours were retarded; whereby leisure was given to the French so to fortify & block up all the accesses to Rochel, that the relief thereof was rendered impossible; which yet notwithstanding was attempted by the King's said Fleet and Army, under the Conduct of the Earl of Lindsey, though without success. So that certainly no good argument can be drawn from hence, either of the King's disaffection to those of the Reformed Religion, or to have willingly intended their hurt; much less can there well be drawn from hence any thing to justify them in their present proceedings against the King, which they themselves set down to be the scope and intent of this their Declaration. Let it be judged of by any sober man, if it be not an audacious expression of Subjects towards their King, to say, we can fully show how by Him Rochel was betrayed; besides that it is most false, for how could the King betray Rochel, which was not in His Power? Or can it be believed, that they that have forborn nothing that they could imagine might turn to His dishonour, would conceal any thing that might cast any Aspersion upon Him in this of Rochel? As for that plot presupposed to be many years since designed, of bringing in an Army of German Horse, to have compelled the Subjects to have submitted to an arbitrary Government; they might have remembered, that thinking thereby to have raised a hatred against the King, they have published this Aspersion in several of their Papers, and Declarations; and particularly upon the breach of the Treaty at Oxford May 18. 164●. whereunto His Majesty made answer, as appears by His Declaration printed and published by their own Order, in the second volume of their Orders and Ordinances, Pag. 109. wherein He saith, That he esteems his condition more miserable than any of his Subjects, when he sees a few factious persons have obtained that power, as to publish to all his people in the name of both Houses of Parliament, a charge, which coming forth with a semblance of such Authority, may much work with them against Him; and yet do not (which is certainly because they cannot) tell any one proof or particular, either whence, whether, or when, or by whom, or by whose design those horse should have been brought; they confess it is many years since, and it seems it is so many, that these particulars are worn out of the memory of man. Now what a strange impudence and malice must it appear to all equal men, that being challenged, and provoked by the King, even with scorn and derision, to instance in any one of the above specified particulars if they could, they do now again revive the same aspersions, without giving satisfaction, by the producing of any one proof, or giving instance in any one particular; especially when it is well known unto the world, that such persons as they themselves had whispered to be the men that were employed in the said design, have been highly employed in their service, and nothing would have been kept from them, if any thing might have been found to the King's prejudice; but it was thought fit by them, that this should be now concealed, since it is apparent, that the chief end of this Declaration, is, to accumulate all things that they conceive may asperse the King, or make Him odious; for those men might have told them the mystery of that business; for that the Parliament having Declared a war for the recovery of the Palatinate, and given way for the raising of 10000 foot in England to serve Count Mansfeild in that employment, it was in discourse how to furnish them likewise with horse; which was thought could nowhere fittingly be done but in Germany; but the King of France denying passage to Count Mansfeid, all that business came to nothing. Then they speak of the torturing of our bodies by cruel whippings, cutting off ears, racks and pillories, &c. They might have added hanging, drawing, and quartering, and hanging in chains; for all these have been done in the King's reign, but executed upon traitors, thieves, seditious and impious libelers, by established Courts of Justice, and according to the known course of the Laws which were made by former Kings (his Predecessors) with the consent of Parliament; for they are not able to produce any one Law made in the King's reign, tending to blood or cruelty: how many have been made for the ease and enlargement of the Liberty of the people, they have often themselves confessed them to be more than by any of his Predecessors: And shall the doing of Justice according to the Laws, by his Judges and Ministers of Justice, be charged upon him as acts of cruelty? shall the burning of thieves in the hand, or rogues in the forehead or shoulder, or what Mr. Gregory doth at Tyburn, in the due execution of legal sentences, be styled cruelty? for such have been all these whippings, racks, & pillories, which they speak of; And they are challenged to instance in one drop of blood drawn by his Majesty, or any one Act of cruelty committed by Him in his whole reign, or by his Judges or Ministers whom He hath not left to the Justice of the Law. For it will not be denied, that from the 3. of November 1640. until the 12. of Jan. 1641. when he was driven from London, all His Judges were wholly left unto them; many of them being impeached of Treason; and Judge Berkley, whom they thought the most criminal, arraigned for Treason, who made a defence so honest, and so able, that they were forced to wave their legal trial of him, and to pick his purse by their arbitrary power. Was there ever so strained a malice, especially if they look how themselves have proceeded? not to speak of those multitudes that have been slain in the War, how many of the King's honest loyal Subjects have they murdered in cold blood, by no Law but their own arbitrary power? with how many new Treasons have they ensnared the subject, by the single authority of some hasty and angry Ordinances, notwithstanding that the Law telleth us, what shall be Treason and nothing else, but by Act of Parliament? what cruelty hath been used in point of imprisonments, where many have died for want, or ill usage? and how many persons of quality, both Divines and others, hath been by them sent a shipboard, and kept under deck? and seeing a person of quality, and a Judge of great years and reverence, out of heat and indignation, sent to Newgate, a prison for Rogues, thieves, and Cutpurses? how many Gentlemen and Peers did they Vote to death, and loss of their whole estates, and to be excepted from pardon and mercy, without summons, hearing, trial, or conviction? how many Noblemen, Gentlemen, Judges, and divers of great age, have they forced out of England to beg their bread in strange Countries, not allowing them one penny out of great estates (which they have seized) to keep them from contemptible poverty, notwithstanding that the Law alloweth to the highest traitors, a conveniency for food and raiment for themselves and family? And yet these men have had the face to fix upon their King these odious marks of cruelty, when they cannot deny, but in his reign there hath been less blood by attainder, and fewer confiscations, then in any such space of time since the Conquest. As for the lording over men's souls. The Laws for the government of the Church (not established by this King, but by his Father and Queen Elizabeth) were put in execution with so much mildness and moderation, that they can scarcely instance in the punishment of any Separatists or Sectary, if his Recusancy (for the Law maketh them Recusants as well as Papists) hath not been accompanied with some crime, or some scandalous or seditious preaching, or writing against the present government; whereas they may remember, and see in the new book of entries, 5. Paschae, 35. Eliz. fol. 252. that Pendry for publishing two scandalous books against the Church Government, was indicted, arraigned, attainted, and executed at Tyburn: And let their present lording over men's souls be considered; their sending so many learned and pious men a begging, by depriving them of their livings; imprisoning their persons; their lording over their consciences, by new, illegal, and traitorous Oaths; by forcing of the Covenant, to the ruin of many hundreds, who otherwise were without exception, both Ministers and laymen; being conscientious men; men of parts, and great learning, as is set down in the preceding words of the Answer to the Scotch Declaration of the 4. of Jan. 1648. But nothing can by them be done amiss: that axiom of the Law le Roy ne fait tort, is now with the Crown and sovereignty, (which they have usurped) applicable only to them. But all the King's actions, though never so legal, just, and gracious, must by them have the appellations of tyranny, cruelty, and oppression. They then say that they were worse than slaves, for they were prohibited by Proclamation to speak or hope for another Parliament. They should have done well to have specified the year and date of the said Proclamation, and to have set down the very words contained therein; for it is so unlikely a thing, that the people should be forbidden by Proclamation, to hops, that no rational man can choose but suspect it to be that which civility is loath to term it, how foul soever their pen be against their King. As for the searching of cabinents, closets, &c. It is set down to be after the dissolution of the Parliament; so that that sin against the Holy Ghost (never to be forgiven) of breaking the privileges of Parliament, is not charged, and any other sin will not be found; for it is lawful and usual for the Justice or council of the King, to search the closets, and cabinets of such as they have good cause to suspect of practices, and correspondency, to the prejudice of the King or kingdom; neither have the Kings or Queen's letters or cabinets, nor the dispatches of ambassadors, and foreign States, been free from their inquisition and search; nay some such searches have been made by them for Letters and Jewels upon women not of the meanest rank, as is indecent to put them in mind of. They then reckon up a long list of Monopolies, and Patents of Soap, Pins, Leather, Sugar, &c. Whether the said Patents were legal, or illegal, there can from thence no just fault be laid upon the King; He is in point of Law to be advised by His attorney, and His learned council; And there cannot in all the particulars specified, any one be instanced in, which He did of himself, without the Certificate of the referees, of the legality of such Grants, wherein never Prince was so punctual as He hath been, and it is conceived that it may be with truth averred, that in His whole Reign He hath not passed by Patent any one Monopoly, without reference, and certificate in writing, that it might be granted by Law. But besides, upon complaint this Parliament, all grievances have been redressed; all doubtful Patents canceled; care had for the preventing of the like for the future; all referees and patentees left to justice; and all punished, but such as the injustice of the Houses have protected. Then they come to that which they call the compendium of all oppression and cruelty, viz. The Ship-money: When Princes are involved in great wants and necessities, they are forced to those things which at other times they willingly forbear to press; So it was here; The King by His Wars with Spain and France, was brought into great necessities; and consulting how He might by lawful ways relieve himself. He was advised to this course of Ship-money by His attorney general Noy, (as is said) who was by all men esteemed a great Lawyer, and had been a great propugner of the Subjects liberty: The King herein asked the opinion of His Judges, and learned council; And both the Judges (the major part of them) & His council, did set it under their hands to be lawful; these are the King's proper council with whom he is to consult in point of Law, & are sworn to advise Him faithfully; But some, and particularly Mr. John Hamden, not satisfied with the extrajudicial opinion of the Judges, came to a legal trial upon the Case in the Exchequer Chamber; & after a fair hearing and learned arguments on both sides, Judgement passed for the King. If the said Judges and learned council (who are sworn to do equal justice betwixt the King and the Subjects, & to council the King faithfully) have erred and done amiss in both, the greater hath been their fault and offence; But herein where lieth the King's transgression? For did he not leave the Judges upon complaint of the Houses, to their Justice? and were not the said Judges many of them impeached of high Treason? & Judge Berkley arraigned thereupon for high Treason? and made so learned and able a defence, that they were forced to withdraw any further prosecution of their impeachment against him. It seems they forget that which they declared for Law at the beginning of this Parliament, (viz. that the King can do no wrong, Le Roy ne fait tort) upon the very ground of this Case; And that the reason why the Law supposed that the King could do no wrong, was, for that the Judges and Ministers that did the wrong, were responsible for the wrong doing; and the persons wronged, were from them to be repaired in point of their damages: But it seemeth they are of old Ployden's mind, that when the business concerneth themselves, the Case is altered. They then say, The King summoned this present Parliament, in hope to have Assistance against the Scots. He had little reason to hope for any assistance against the Scots, knowing as he did, who had called them in; and that from some Scots themselves from Newcastle, whilst he was at York, He had gotten notice of the particulars, wherewith divers Lords of the English with the King being startled, they sent to the Scotish Lords at Newcastle; to have right done them upon a Secretary of theirs, who had said to some English prisoners whom the Scots had taken at Newborn, That their coming in had not been, but by the invitation of the English; and had spoken a little too boldly of some truths that should have been concealed, and this divers at Westminster cannot but remember. They then say, that it was impossible to quash those pernicious counsels without questioning the Authors; Whereupon the King showed himself so passionately affected to such malignant councillors & their council, that he would sooner desert or forcc his Parliament, and Kingdom, then alter His course, or deliver up his wicked councillors to Law and Justice. Our passions (especially that of revenge and malice) do not only deprive us of our senses and reason, but often bereave us of shame and honesty: For besides that they know that the King hath more than thrice in his public printed Answers declared, That He would except no man of what quality or nearness soever unto Him, from any legal trial according to the Law; He did leave unto their Justice the Archbishop of Canterbury, the Earl of Strafford, all the Judges, and whomsoever they would accuse; insomuch that they examined and committed the Queen's Confessor; and examined the Ladies of Her bedchamber. And their Sergeant at arms presumed so far, as to come into the King's withdrawing-room next unto His bedchamber, to cite and summon persons of greatest quality and nearness unto himself; insomuch that out of shame the King hath been forced to withdraw himself into his bedchamber, notwithstanding that the Law saith, that a Lord cannot in the Kings, presence seize his slave or villian that hath rnn from him. And from the third of November 1640 until the 10. of January 1641. when the King was driven out of London, then was no man, counsellor, Judge, or Person of what quality soever, exempt from their Justice. And to show how willing He was to satisfy them; that he would not interrupt or hinder the course of Justice, He gave way to that which some Princes would rather have adventured a War then have condescended unto; which was his giving leave to His privy counsel (that had been sworn to keep secret whatsoever passed in council) to be examined upon Oath of what had passed in his own Presence & most secret cabinet counsel, against one of their own fellows in a capital Cause; which is likely hereafter to cause him to be served with caution; when men shall not know how soon they may be questioned for that which they do advise, which is in effect against themselves; for if one shall be accused of Treason, the rest likewise may be questioned for Concealment. They speak of some that fled fearing to be questioned; certainly they had great reason so to do, when their proceeding was such, as not to be guilty but only to be accused, was certain ruin, or imprisonment for many years, divers having languished two or three years in Prison; & the Arch bishop of Canterbury was almost four years in prison before he was put to death And such as observed the proceedings with the earl of Strafford would not willingly (how innocent soever) fall into their hands, if it were to be avoided; for they may remember how by the procurement of some amongst them, tumults & multitudes surrounded the House of Peers, crying Justice, justice, and they would have the traitor's head. They may remember their posting up of 59 Members of the house of Commons, that would not give their Votes to the Bill of Attainder of the Earl: If they have forgotten it, their own Historiographer Mr. May may put them in mind of it; They may likewise remember that at the same time upon an empty Tun rolled from a Tavern door, a list of the Lords' names whom they called Malignants, was read in the midst of that rabble in the Palace yard; and although the House of peers then represented these violences to the House of Commons, they could never obtain their assistance to suppress them, or to declare against them; and they may remember whether it was not said amongst them, that they should do ill to discountenance their friends. On the other side, let it be remembered how many counsellors who have been Actors in all the pretended Exorbitancies of the Star-chamber, council-table, & high commissiion, being once become persons in whom they might confide, were left unquestioned; Let them remember that when they expelled all such Monopolers as they judged affectionate to the King, whether they left not some others of their favourites sitting amongst them until this day? But for that it would be too long to instance in many things of this kind, as having employed the most infamous Projectors and Catchpoles in their service: they shall only be put in mind of one particular of an eminent Member of their House, who would have presented a Petition ag●inst a great counsellor, who was much favoured by Mr. Pym and others, who having gotten notice of the Contents thereof, would never permit it to be read in the House; but the said party having worn out three Copies in his pocket, engrossed it in parchment; but ever when he stood up to speak, Mr. Pym or some other appointed to watch him, interrupted him with speaking to the Orders of the House (which are always to have the precedency;) & this for many months together, insomuch as the said petition could never be read. As for the Kings deserting of His Parliament, it hath been so often answered, that it is a shame to repeat it; only this shall be added, that the King did not desert his Parliament, but was forced in great haste to fly for the safety of his Person, which would the next day have been in great hazard of being seized. And although this present house of commons be not charged with any such intention (such resolutions passing few hands, and that there are very few left there now that were trusted with that secret) yet it hath been confessed, and is under the hand of a person that hath been very active in their service, and who should have been a principal Actor in it. Then followeth that threadbare business of bringing up of the Northern Army, so often objected, and so often scorned by those that knew the mystery of it; which if the King had endeavoured to have won to His service, and full adherence, He had done like a wise and prudent Prince; neither had there been any cause for the concealing, or not avowing of any such endeavour, if it had been so; For it is well known by whom that army was endeavoured to be seduced from the King's service & from the Earl of Strafford who was their general; nor was the Earl ignorant thereof, neither would he have failed in his proofs, having it in his thoughts speedily to have impeached several persons of high Treason, for tampering with the said Army; as is well known not to a few sitting still amongst them at Westminster; but they by their diligence got it by the hand, by impeaching him a day or two before his impeachment against them was ready, which cost him his life. Besides, they know the person that started this hare among them hath often cleared the king, that it was impossible that the K. should know of the proposition of the bringing up the Army, which was his own motion, & was by some rejected as a thing too high, & not liked by others, for that he would have the chief command of the Action, which would not be condescended unto; whereupon out of discontent, he went immediately and made his discovery to the lower house, without ever seeing the king; but there had been some speech before of a petition to be procured from the Army (which was published) & what knowledge the King might have of preferring such a petition, is not known to the writer of this answer: but the party that first gave the houses notice of this business hath often sworn, that all he said concerning the King in this business, was in relation to the said petition; but that the King could never have nor had notice of the proposition of bringing up the Northern Amie; for that being his own motion, he presently (seeing it disapproved, especially his having the chief Command and Conduct of the Action) revealed it, before the King could possibly have knowledge of it, which party is yet living, and certainly will avow as much. But presupposing the King should have gotten knowledge of the motion (which doth in nothing appear, (the King seeing the great tumults, & the great hazard that his own person was in, as well as the freedom of Parliament; might He not have reason by His own Army, raised by himself, and paid by His own moneys. (as it had been for many months) endeavoured to have secured His own safety, and the freedom of Parliament, without committing any such crime, as meriteth to be deposed, or used as now He is? Let it be compared with that which the now prevalent Party in the houses have done, who seeing themselves like to be overawed by the presbyterian party, & finding no other means not to be overborne, thought it fit to have recourse unto the present Army of Independents & although the than house of Commons had voted a petition of the said Army to be burnt, & such to be enemies of the State, as should adhere thereunto; yet the army was drawn up towards London, & the house forced to sequester eleven of their most eminent members; & when the City or Apprentices had restored the said 11 Members, (as they had in former times done the five Members) the Speaker, & all such as had deserted the parliament, & had fled to the army, were by force again reestablished; & the new Speaker M. Pelham was unchaired, and all that party were driven away, some forced to fly, others were impeached; & the now prevalent party possessed themselves again of the houses, & the power they now have of deposing the King, & keeping of Him Prisoner. There is a great difference betwixt what they have really done by this army, for the turning upside down the Parliament; and what was ever spoken of, of the Northern Army. But success and Power will make the same things (though acted) commendable in those that prevail, which they will have capital in those who never passed further than discourse. They then begin to speak of the tyranny towards Scotl. & Ireland &c. For that of Scotland (which is formerly answered) I shall only add the full satisfaction which the kingdom of Scotland received by their own acknowledgement, expressed by a petition made since the Kings last coming from Scotl. viz.: That Whereas The Kings most sacred Majesty's royal zeal, & constant resolution of maintaining the true Religion & preserving the laws & liberties of these kingdoms is so undoubted, that to call it in que- &c. could not be construed in any, but an unchristian distrustfulness & in us his Ma. Subjects of this His aucient & native kingdom the height of disloyalty & ingratitude, if we should harbour any scruple or thought to the contrary having so many real & recent evidences of his royal goodness, justice & Wisdom, in settling & establishing the trne Religion & the Laws & Liberties of this His kingdom, to the full satisfaction of all his good subjects. And nevertheless prerceiving by his Ma'. Declarations & other printed papers, that foul & malicious aspersions are cast on his Ma. tending to be and his sacred person, & deprave his royal Govern', &c. we conceive ourselves bound in duty to almighty God (by whom we have sworn to defeud & maintain the person greatness, & authority of our dread sovereign, God's vicegerent, to the utmost with our means & lives, in every cause which may concern his honour, as may appear by that which by the warrant of the Act of the general Assembly, we have all sworn & signed) & to our king & country, and to that we owe to our honour & reputation, to represent to your Lps. the desires we have to express, & make known to his Ma. & all the world, that we are fully satisfied, and persuaded of his majesty's royal zeal & resolution, & that malice & detraction cannot prevail to make the least impression in our loyal hearts, of jealousy, or distrust: And therefore we have taken the boldness humbly to petition your Lps. That as his Majesty hath graciously condescended (in his letter to your Lps. printed by your warrant) for satisfaction of his good subjects, to express his Royal goodness, & desire, that all grounds of jealousy may be kept and removed out of the hearts of his good Subjects of this Kingdom: So it may please your Lordships to think upon some course, that his Majesty reciprocally may be cleared, and assured of our constant affection, &c. and that we are not so unthankful to God, or to his vicegerent, nor so little tender of our own honour and credit, as to forget so soon that duty, incumbent to us by so many obligations, and so often promised by us in our foresaid solemn oaths, which are published to the view of the whole World, &c. As for the Rebellion in Ireland they make use of this to the same end they do of all things else in their Declaration. That knowing that horrid rebellion to be so detestable to all men (as it justly deserveth) they would fain draw part of the hatred of it on the king, although it be with never so improbable or false pretext▪ And they think in the mean time that it will serve the present turn, of making the king odious, till He may have means to clear it by His answer (which they never intend to afford Him, until they have established their tyranny) and then they will not care to be fought against with papers. But their Declaration in this point of Ingland [besides that the points contained in it have been so often answered in print] doth so confound all times, all actions, either in the War, or whilst there was a Cessation; and all the circumstances and reasons, which may justify such actions at one time, as might be blameable at another; that the answer must be applied to the general Scope of the Declaration, which is, to insinuate unto the world, that the King did abet and favour the Rebellion; which not only the Kings many Declarations, but his real and effectual actions do evince of falsehood, and detestable malice; For He did wholly put the Irish business, and the prosecution of the business, into the hands & management of the two Houses; and consented to an act of parliament, giving them power to raise men & money, and all other necessary provision for that war, notwithstanding that they had subtly inserted into the preamble of the said Act, a clause debatring Him and His successors from the power of levying men by way of press, without consent of Parliament; although it had been always used by His Predecessors. But such was their art by the inserting of the said Clause, that they would either gain the disclaiming of that power to press men or else would render the King odious, by publishing his refusal to do that, which by the Houses was thought necessary for the suppressing of that horrid Rebellion: This artifice hath been since used by clogging most Bills (which would be plausible to the people) with some clause or parenthesis of great prejudice unto the King which He hath been often forced to pass by, to avoid the distaste which the denying of those plausible bills would have brought upon Him; & so He did in this. Besides this his concurrence in all that was desired of him; being at York, & having some beginning of power he offered to have passed in person into Ireland, for the subduing of those rebels; and to let the world see, that He desired rather ro employ those forces against the Rebels in Ireland, then by them to raise the least jealousy of raising a war in England; But this His majesty's offer was by the Houses rejected; and the King did then see that the forces and the moneys that were levied by his consent, and Commission, were in part employed against himself, to strengthen & pay the forces that were designed to march against Him; whereby the War of Ireland, (which had been most prosperous under the wise and faithful Conduct of the Marq. of Ormond, for which the Houses sent him public thanks, & a present) began to be very dubious by their neglect, & their applying of the moneys & forces pretended for Ireland, against the King; & so by degrees the English Armies in Ireland, were reduced to those great straits for want of pay & provision, by the ill Conduct of the Houses; that after many solicitations both to the King and Parliament, by which little or no relief was obtained; there was a necessity of coming to a cessation of arms for one year; which was done by the advice of the council of Ireland; & at the earnest petition of the Lords, & of the chief Officers of the Army, (of whom the Lord Inchiquin was one) as appears by their own book of Exact Collect. page. 344. To. 2. where likewise the necessity of the said cessation is at large set down: And the King seeing himself much overpowered, & like to be overborne by the Rebels in England, was enforced to make use of the forces offered Him from Ireland, who were there ready to starve; which certainly would have been a great imprudence in Him not to have done; and is as great an impudence in them to charge this as a fault or crime upon the King, to assist himself of His own Subjects for His defence: when they (at so great an expense to the kingdom) have hired in a foreign Nation (the Scots) to subdue Him. Next they alleag concerning the proclamations, That though they declared that the Rebels in Ireland styled themselves, the King & Queen's Army, yet they could not obtain a proclamation against them in divers months; & then also but 40 Copies might be printed &c. The first perfect advertisement of the Rebellion of Ireland, came to his Majesty & counsel in England from the Lords Justices (Sir William Parsons, and Sir John Burlace) and council of Ireland; wherewith they sent the draught of such a Proclamation as they conceived best for the suppressing thereof; and because those rebels did pretend that what they had done was for the service of the King, and not without some authority from him, it was by the said Lord Justices Letters desired, that 20 copies of those Proclamations might be sent over, signed by the Kings own hand, (whereas the usual course was to send over only one so signed) that (besides those which they were there to print, and publish after the usual manner) they might send some of the Originals so signed, to some of the chief of the rebels to manifest the falsehood of the said traitorous pretence. And though Proclamations which the King signs either for England or Ireland never use to be printed, yet it was now for better expedition held fit by his Majesty, & the Lords of his council, (whereof divers of those now sitting in the house of peers at Westminst. were then present) that those 20 proclamations his Majesty was to sign, should be printed; and the Secretary being directed to cause it to be forthwith dispatched, did accordingly presently send a warrant to the King's Printer, to print about 40 Copies, and to send them to him for his majesty's service; and to deliver out none to any other, for that those were to be Originals for the King's signature only, & to be by them reprinted in Ireland, according to the usual course. And to have any copies of them dispersed in England before they were proclaimed in Ireland, (where they were principally of use) as it was never practised, so it was conceived it might have been of some prejudice; for that the said Irish Rebels (who had forged the former false pretence) might (if they had gotten any Copy thereof before they had been proclaimed in Ireland) have divulged some other traitorous fiction, to have rendered the Proclamation of less credit with their party; & so have frustrated the good which His Majesty and his council of both Kingdoms did hope that proclamation would have effected. And whereas it is alleged as a fault, that there were but 40 of those Proclamations sent into Ireland; it is well known to the Lords of the council now sitting at Westminster, that it was twice as many as was desired. And whereas they say, that the Irish Rebels called themselves the King and Queen's Army; It is the constant practice of all Rebels at the beginning, to countenance their Rebellion with the pretence of the King's service; and that they take arms against the oppressions of evil counsellors, and Ministers that seduce the King: The like was done by themselves at the beginning; who only pretended to remove Malignants and evil councillors and to bring Delinquents to punishment; and than their war was in the name of King and Parliament, as some of their own have not of late forbore to put them in mind. But now it is to remove the King from the government, and to settle another of their own making, without the King or against Him. For the disbanding the Irish Army, although the King had great reason to demur upon it; yet such was his desire to gratify them, that He condescended unto it; & themselves consented that they should take any foreign employment whatsoever; but afterward would not give way to the transporting of them; & by that means much strength was added to the Irish Rebellion; all which they themselves cannot deny. And upon such malicious false inferences as these, depend all or most of their instanced Accusations in this their Declaration. They say, the king refused to give Commissions (though often asked by the Houses) to the Lord Brooke, & the Lord Wharton. The king knew well how little reason he had to trust either of them. The Lord Brooke was often so indiscreet, as to profess openly and often, that he was wholly antimonarchical, and once in the hearing of seven or eight,) for which he was reproved by some of his discreeter friends yet sitting among them) & it may be easily reduced to their memories; besides his other faults, which shall not be remembered, because he hath given an account of them. For the Lord Wharton; the King was not then ignorant of his seditious and mutinous ways against him, after so many obligations of the Kings put upon him & his friends, which he hath ill repaid by his actions; & hath since had a more profitable and gainful Trade at Westminster, than he could have had in any martial employment, to which it should seem his natural disposition doth not much incline him. They then say, that they need not tell the world how the Scots entered this Kingdom with a powerful Army. It were indeed much to their honour & loyalty to have it concealed; for it was by their invitations and negotiations; and upon so hard terms and conditions, that the Answer to the Scotish declarati● set out the 4 of Ja. 1647 saith, that their Commissioners would by no means have brought them, but that they could get no better. They then spoke of the L. Digby's attempting the Country with unusual arguments of armed troops: It was conceived that they had long since been ashamed of that ridiculous tale of the L. Digby's raising war against the King (for so their impeachment runneth) with a Coach and six Horses. Next they say, he advised the King to retire himself to some safe place. If he had done so, it had been good and honest council; but it was not any advice to the King, but his opinion only written in a private lettter to his brother Sir Lewis Dives what he judged safest for the King, being forced to fly out of London for fear of M. Skippon's great march, which was to be the next day to convoy the accused Members to Westminster. Now follows the Negotiations with Denmark, and the story of a servant of the Lord Digby's hiring of a Skipper to be pilot to a fleet preparing in Denmark; which fleet proved to be the Cow-fleet that useth to bring cattle out of those parts into Holland, And for the Lord Digby's man, as he never had any name, so the truth is that he had no man with him at that time, going out of England only with a Dutch Gentleman in his company; neither is their own word of Truth in the whole story. And for the Kings soliciting for Ammunition and Succours from his uncle of Denmark, it were to have been wished that His solicitations had been as successful as they are justifiable. And touching the letter said to be written unto the King of Denmark; it is very likely indeed, that the King would have invented such a scandal to His own shame, and the reproach of His Mother if he had not had some grounds for it; And yet it is true that they may say in the name of the House, that it never entered into their thoughts; Businesses of that nature are secretly laid, and carried on by a few: But there are some at Westminster that know what passed in that business, and by whose loyalty the motion of it was quashed in the bud: And when his Majesty may be heard, or His Accusations may be admitted of, he will be easily drawn to give them and the world satisfaction in this point; it were to be wished that they would give as good satisfaction for their malice in inserting this particular in their Declaration, in so unmannerly and undecent terms towards their King, styling it a false and scandalous charge, and such an Act as they believe was never a more unworthy one done by any Prince, to the shame of His own Mother. They then add another breach of Trust, That the King had sent away with the Queen the anciene Jewels of the crown, Our Saviour saith, may I not dispose of my own as I please? The jewels were His own, bought with His own money, or with the moneys of His Ancestors, and not with the moneys of the crown; neither do they produce any entail of them upon the Crown; And certainly in the present condition whereunto they had reduced Him, he could never have juster cause to sell or pawn them, then that which they themselves set down, for arms and Ammunition for His own defence and preservation. The King, they say, once sent a specious Message of renewing a Treaty, but his messenger was instructed to manage a bloody massacre in London, which was designed by virtue of a Commission of the Kings since published. Hereof they give us no more proof but that they say it; and for the bloody massacre intended, it is a most false and malicious slander; there being no other design but to protect His own loyal Subjects in London; and to reduce His Rebels; which certainly was more justifiable for Him to do, either as their King, or as an Enemy in open war, than their barbarous murdering of Tomkins, and the rest, only for endeavouring of their duties. And for the Commission they speak of, it was such a one as not only in time of war he might think fit to do, but might legally have done it in time of Peace. Touching the Kings march to Brainford, the Reasons thereof have been often declared in print, to the satisfaction of all indifferent Readers. But those barbarous cruelties they speak of to be committed by the King, are most false; for there was not one man slain but in the heat of War, and the King gave to all his Prisoners their lives and liberties, only upon engagement not to take arms against Him for the future; which engagement they traitorously and falsely broke, being thereof absolved by some of their wicked Ministers, as some of the said Prisoners (being afterwards taken again) confessed. The reason why the King changed His mind from staying at Windsor, and advanced to Brainford, was for that whilst their Commissioners were sent to him to Colebrook, that very night information was brought, that they were advanced with their Army and Ordinance towards Him, and they take it very ill that he would not stay at Windsor till they came to take Him. For the denying to receive their Petitions, they give no instance of it in any, neither will it be proved I believe, that ever it was done, unless the Petition were to be delivered with an Army at the heels of it, or by such a person as the King, by name, had declared Traitor, and excepted from Pardon. They then begin to speak of the Queen, upon whom (if they could) they would willingly cast some aspersion, as well as upon the King. But because there are many particulars scatteredly set down in this Declaration concerning her Majesty, they shall in this Answer be set down here together, that the clearer Judgement may be made of them. They say first, That by that time the Queen's pious design to advance Popery was ready for the birth. That design was most industriously examined by them, and they had before them in the House of Commons Sir Kenelme Digby, Mr. Montague, and divers others; and upon the narrowest sifting of that business, they thought it then fit to proceed no farther in it; But now they make use of it to cast Aspersions upon the king and Queen, when they could find no cause to punish the chief Actors in the said business. Secondly, they say, That there was a great design amongst the Papists for a general massacre in Ireland and England, and that a great royal Person had a hand in it. It is to be wondered at, that they should on a sudden become so modest, as not in plain words to name (the Queen, whom they had formerly impeached by name (with all Her titles) of high Treason, and sought Her life; And now they would slily insinuate into the people, that she had a hand in so execrable a design, as to massacre all the Protestants of two Kingdoms; And that upon information given unto the late Lord of Canterbury, without a telling by whom the said information was given, or when; neither set they down by whom the said massacre should have been acted, or by what Plot; It is to be thought that it should have been performed by the same hands that so many of the Peers, and of the House of Commons should have been slain, had it not been prevented by the tailor's discovery in Moorefeilds. Thirdly, they say That the king confesseth He had sent the Queen to Holland. It seemeth that she was an obedient Wife, and He a careful Husband of Her, when He saw that most barbarous and inhuman usage of Her, that Her very bedchamber could not be privileged, but her Nurse, and her Confessor must be examined against Her. They add, That with the Queen He sent the Jewels of the Crown. In whose hands could He better trust His own goods, which He saw likely to be taken from him, as his Houses, Furniture, and whole Revenue, and that of the Queen and Prince had been by them? Neither could He expect that His Jewels should have been safer than his liveries for His Guards have been of late; And certainly his Jewels were better disposed of, if they were pawned for Powder and Ammunition, than His Guard's Coats that are ordered to be sold outright for fire and candles for soldiers at Whitehall. Then they say, the Queen many months before Her voyage to Holland, was going beyond the Seas, had not their Motion to the King stayed Her, It seemeth then that the King was willing to gratify them, although it were with the crossing of the queen's desires; and that the King's sending of Her afterward into Holland, was not until she could not remain any longer amongst them with Safety or Honour; For they themselves do believe that the King could have been very well pleased to have enjoyed Her Company. These are the particulars that they set down concerning the Queen, in which there is little remarkable but their detestable malice; for were it to be expected that the Queen; bred up a Roman Catholic, and by Capitulations and the King's Oath, to enjoy the use of her Religion in such sort as was agreed, should not look to enjoy it? Especially her carriage ever since her coming into England having been with that Prudence and Moderation, that the great Officers of her Court, and most of the Ladies of her bedchamber, have been Protestants, enjoying daily the use of their Religion in Her Court, without being pressed by her to the least Act, in waiting upon Her or otherwise, that might offend or strain their Consciences. But that a Princess of so high Extraction as the blood of France, & Daughter of the great Henry the fourth, and their King's Wife, that never had done any person wrong, but obliged all whensoever it was in Her way, should find such usage from Subjects; as to have all malicious false Libels countenanced against Her; to be questioned for Her life, only for the assisting of Her husband; to be forced to fly the Kingdom; to have all Her Revenue taken from Her; and now as though she had intended a general massacre, to be rendered odious by this malicious libel, authorized by the name of the House of Commons, it cannot but be held a most inhuman and barbarous proceeding, as indeed it is, by all the World but themselves. Touching the Letters written to the Pope, King James sent His son (Than Prince) into Spain, being about 20. years of age; and instructed Him, and the Duke of Buckingham that waited upon Him, in all things touching the Negotiation of the Prince's marriage, which was then in Treaty for a Daughter of Spain. And of all that passed, the Prince gave the King His Father almost daily advertisement by expresses; and He received from Him likewise directions upon all emergent occasion, neither sent He any Letter to the Pope, without His father's privity and allowance. King James likewise himself at the same time did write Letters to the Pope, which He publicly avowed, saying, The Pope was a temporal Prince, and He would write unto Him upon any occasion in secular Affairs, as freely as He did to the great Magor, or to the great Turk, when He wrote against him in point of controversies in Religion, He would then (He said give him those Appellations that the Cause required, but in His letters missive, He would give Him those Respects and Civilities that befitted one temporal Prince towards another. And certainly King James was no Papist, although He were no friend to Sectaries and Separatists but had written more in the defence of the Reformed Religion, and to the displeasing of the Pope, than all the Princes of Christendom had done since the Reformation, and when He died, scarcely left a wiser man behind Him. But they are brought to great straits, when they are driven to take in the father's grave (dead 25. years past) to find matters for their malice against the son. For the Letters spoken of to be written to the Pope, on the behalf of the Duke of Lorraign, I must confess I want Information in the point of the fact, But if it were so, He could not have written for a Prince that was nearer allied to Him. And whereas it is said, that in requital an Army to invade England must be raised by Him, It is a very unlikely Story, that the Duke of Lorraign should be in condition to raise an Army to invade England, But if He could afford His Kinsman Auxiliaries, or any other supplies, He should he much to blame if He did it not. For the Kings offer to the Scots of the plunder of London, if they would advance, or of 300000. pounds, and four Northern Counties only to stand neuters: Besides the ridiculousness to conceive any such offers could be made, they do not so much as offer at any kind of proof but follow their rule held throughout in all this their Declaration; audacter accusare, aliquid haeret, accuse boldly, somewhat will stick. They have all the King's Letters and Cabinets; and it is not likely that any so great transaction could only have been verbal: But if the King should have made this impossible offer, or any other, should He not have done like a prudent and good Prince, to have called His own Subjects from the adherence to His Rebels, to their own Loyalty and Duties, though it should have been by out-bidding of them? After the King's return from Scotland, the great quantity of fire works found in Papists houses: No naming where, nor when, nor by whom the Papists should have subdued the kingdom, only with granadoes and fireworks without any foot or horse, but those that about that time they had discovered to be kept under ground; O how contemptible is it for a House of Commons to abuse the kingdom with such squibs? Then they say, mortars with great pieces of Battery were mounted against the City; and such Officers placed in the Tower, as were not only suspected by them, but by the whole City, who durst not abide in their houses, as by their several Petitions is manifest. They do not say that one gun was ever shot, and they know that no one man did for fear forsake his house: nor any one Act of injury or Hostility committed towards them. As for the Lieutenant of the Tower, they would confide in none but such as a few factious men of the House (who had conspired with a great party in the city) did appoint; The King to give them satisfaction removed Sir Tho. Lunsford; then put in a Gentleman of remarkable honesty and worth, and of great fortune (Sir John Byron) against whom no exception could be taken, but that he was not of their party; against him (when no other pretence could be found) they alleged, that if a Person were not put into the Tower, in whom the Merchants might confide, there would be no more money brought into the Mint: And although a hundred thousand pounds' caution were offered on the behalf of Sir John Byron, yet nothing would satisfy, unless the Tower were put into such hands as they pleased to nominate, and it was publicly avowed that if it were not speedily done, they would seize it by force; and to that purpose they caused multitudes every day to come to the House whilst that business was in agitation. And as for the Petitions, they know that they were all of their own making; and whosoever Petitioned without their Order, or not suitable to their sense, were severely punished; as in the Petition of Kent, and many others, only such as they had ordered to be delivered to the Houses; and when they had no reason to uphold their demands, they then made use of tumults, and seditious and threatning Petitions in stead of other Arguments; these they ever countenanced and supported; as they did in this case of the Tower, when they caused Petitions to be delivered, desiring to know the names of the Malignant Lords that obstructed the business of the kingdom, and refused to assent to the Votes of the Commons, and they would right themselves by the remedy next at hand (by which they meant their swords and clubs in their hands) and thereby forced the Votes of the Lords, as it is pretended was done by the Apprentices at Pelham's Parliament; insomuch that that which had been voted by 42. Lords, for the not removing of Sir John Byron from his Lievetenancy of the Tower, was now carried by 16. or 17. votes only; (contrary ro the orders of the house, that such things as upon the question had been once settled, might not again that Sessions be put to the question) And by the threats of their Petitions; the noise and tumults at the doors by the multitudes; the intimation of danger from the House of Commons, and from the enraged People, which they feared would not be in their power to prevent: and by the Lords of the Party, who most boldly (contrary to the essential freedom of Parliament, relying upon their friends at the door) voted all such as should continue to dissent from the House of Commons, to be Enemies of the State; whereupon most of the Bishops and Lords (fearing to be reformed by the remedies next at hand) held it wisdom to withdraw themselves: only 14. of above forty (that had formerly voted the contrary) withdrew themselves; and so the Lords of the Party overruled it; And this narration will appear to be true by the book of the House of Peers, if they have not since thought fit to expunge it. So that it is thought very strange, that the wisdom of the House of Commons (by calling to mind the use that they have made of Petitions) should give cause to have the memory of such shameful proceedings to be revived. They then say that from this time the tract of open force began to appear. They first instance the Kings charging some of both Houses of Treason; the Kings desiring to have some tried by due course of Justice (never before denied to any King, and in their own remembrance practised, and by the House of peers allowed) must now be accounted a Crime, and an Act of open force in the King: but forget how many of their Members the Army hath impeached and forced to fly. They then speak of the bloody Tragedy intended by the Kings coming to the House of Commons, if the affections of the City had not prevented it. If there had been any bloody tragedy intended by the Kings coming to the House. it would have been the same day put in execution, before the City could have prevented it. But they may remember if they please, the testimony of Cap. Ashley, taken be fore a Committee of both Houses at Grocers-Hall, if it be not suppressed; wherein he declared, That the King at the upper end of Westminster-Hall, before he went up the stairs to the House of Commons, charged all those that accompanied Him (except some few ordinary Servants) not so much as to come to the stairs, nor to offer violence or injury to any Person upon pain of their lives. Further, the King in that point did let himself down so low to give them satisfaction, as was never done by any King towards His Subjects; but nothing but the disthroning of himself, and leaving the sovereignty, is fit for them to accept. They say, that the King entered a Protestation into the council book, that His calling of them a Parliament, did not make them so; And therein He said very true, that His calling of them a Parliament doth not make them a Parliament, (that can be only done by His Writ) no more than His calling them no Parliament, doth make them to be no Parliament. But it is true, before His restraining of himself, he could when he pleased have dissolved them; But if they have committed Treason or Felony; and that that which their Oracle Sir Edw. Cook, Mr. Solicitor, and that reverend old Eleazar Judge Jenkins do say, be true, That Treason and Felony do supersede all privileges of Parliament; And although a Corporation cannot commit Treason, yet every person of the Corporation may; and if one, then ten, if ten, than a hundred, and so all: And if that House have had the ill luck to commit Treason or Felony, (although the King by reason of His restraint should not dissolve it) yet it may become Felo de se, and may destroy itself: And it is much doubted whether the King can raise them from the dead. Then they come to their standing amazed at the King's solemn Protestation of having never any thought of bringing up the Northern Army; or levying of forces to wage war against his Parliament; or to invade the rights of his Subjects; or bringing in of foreign forces. They should have done well to have set down the date of the said Declaration; as likewise the particulars wherein He hath satisfied His said Protestations; and not to have kept themselves still upon the fraud of generals; nor confounded the times before they had entered into arms, with the times after the King had proclaimed them Traitors and rebels; times and circumstances, do often justly alter counsels, and make those Actions necessary and good, which without them might have appearance of blame: But if the particulars shall be set down with the times and circumstances, the falsehood, as well as the malice will appear, of their so often reiterated reproaching their King, with breach of Oaths and protestations. They do farther than charge the King, that He endeavoured to get out Cannon, Powder, and Shot out of his own stores; and they have a letter to that effect to Sir John Heyden: They say likewise that he did attempt to have forced Hull in an hustile manner. Two such faults in the King as do marvailously justify their resolutions and usages of him, which they set down to be the Scope of this Declaration: In the one, the King would have imbezeled His own proper goods; and in the other, He would have come into his own Town, had not the Traitor Hotham kept him out for which they have given him such a reward, as others may justly expect, if their repentance and the King's goodness do not prevent it. It was not long (they say) before the King proclaimed them Traitors and Rebels, and set up his Standard against the Parliament, which never King of England did before himself. Herein they are mistaken, for the King did not set up his Standard against His Parliament; His Parliament was never named at the setting up of His Standard; but it was set up against those whom he had first proclaimed Traitors and Rebels, which hath been often done by the Kings of England; And so did His Majesty now against an Army marching toward Him, to surprise His Person; and that within few days after gave Him a battle, and did their best to have slain Him under the command of the Earl of Essex, with whom they had all sworn and protested to live and die. But that which they say, that never any King before set up His Standard against his Parliament; it is true, for no King ever needed a Standard against His Parliament; for that at their pleasures they could dissolve it with a breath; and so might his Majesty have done now, had not His goodness and unprovident desire of gratifying them restrained Him, by assenting unto that Act for the continuance of this present Parliament: which they themselves protested in one of their Declarations, they would never make use of to the King's disservice, but only to the ends for which it was granted, viz. to be a security for the raising and paying of moneys; which how they have performed let the world judge. it is then said, the King called a mock-Parliament at Oxford; It is true that the King having declared the Members sitting at Westminster to be Traitors and Rebels; and Treason, as themselves have often acknowledged, discharging all privileges, Qualifications, capacity, or abilities to act as a Parliament; the King was enforced to call to His council and Assistance, His loyal Members of both Houses, that had been wrongfully, or by force and tumults driven from the Houses at Westminster; and to require of them in His so great distress their help and advice: but it is conceived that they will not be able to show, that the King ever styled it his Parliament, but an Assembly of the Members of the Lords and Commons convened at Oxford. And for that which they instance of private letter, intended only for the sight of the Queen His Wife, they will fail of the end for which they produce it, which is, to withdraw the affections of His faithful Servants (which they call His own Party) from Him by telling them, that they may perceive what reward they may expect, when they have done their utmost, and ship wracked their faith and consciences to His will and tyranny: But his party (as they term it) which are His faithful and loyal Subjects, as they have already most of them lost their Estates and Fortunes for their Conscience and Loyalty to Him; so they will sacrifice their lives willingly for His service and restitution. And as for that byname of a mock-Parliament, which they give unto that Assembly; They may remember that there was double the number of Peers more than remained at Westminster; and for the Members of the House of Commons, they much exceeded in their Estates and Fortunes all those that were left behind them. They may likewise remember that they have not wanted their by-names in print; as the Jugles, & Hocas-pocuses at Westminster; and by some who have ever adhered to them, have been styled a linsey-wolsey-parliament▪ and their own Army in their Declaration, have called them a Parliament swayed by a factious prevolent party, that governed by an arbitrary tyrannical Power. These things I must confess are set down by me (that have been a Member of the House of Commons) with great grief, remembering the respect and reverence which in former times was born unto that House, and now changed into so great Scorn and Derision as weekly comes forth in print. They then add, His often breach of trust with the Protestants of France, Scotland, Ireland, and England, with all other His unjust oppressions; and His often endeavours to enslave them by German, Spanish, Lorraign, Irish, and Danish, and other foreign forces. Those other forces must certainly be of Turks, Swedes, or Polands; for they have particularly recited almost all other Nations, when now in all this their Declaration, (except such from Ireland who were His own Subjects, and who were bound in duty to come to the succour of their King, being invaded by a foreign Nation, called in by them to conquer Him) they have not been able to instance in so much as one Company of Foot, or Troup of Horse of foreigners, that He hath called in, but they hope by this great noise of reciting so many Nations, to fill the ears of the People, and to abuse them; as they did by the speaking of the death of His Father; of the reproaching of His Mother: of His bloody Cruelties, His oppressions, and Tyranny; His breach of Trust, of Oaths, and Protestations; and with those odious names, and a bold Accusation, (to which He should not have means to answer) to make something stick with the people, whereby to alienate their Hearts from Him; and to allay the detestableness of their most inhuman and barbarous proceeding with Him. They then say, neither do we wonder He should forget His Vows and Protestations, that He would never consent to a toleration of the Popish Religion, or abolition of the Laws then in force against Recusants, yet about the same time He wrote Letters to the Queen, and the E. of Ormond, that He would consent to the taking away of all penal Laws against Papists both in England and Ireland. Touching the Letters to the Queen, and the marquess of Ormond, they are all printed by their Order; and according to the information I have credibly received, by those Letters it will appear, that the penal laws touching Recusants were not to be taken away; and the favours intended to the Papists were with such limitation, as they think fit to conceal. Besides, there is a wide difference betwixt a toleration of Popery, and the not putting in execution the penal laws; and so there is betwixt the abolishing of the penal laws, and a temporary forbearance of the rigour of them, which hath been practised by Queen Eliz. King James, and His Majesty; but never in so high a degree, as by themselves toward the Sectaries and Separatists (who by the Law are Recusants as well as Papists;) yet they have made use of them in their service, without distinction of any Sect, schism, or heresy; insomuch that at Plymouth they made use of some Turks in their service out of the gaol, that had been condemned as pirates. And let them remember of what a composition their new modelled Army is, by whom they have carried through their Rebellion; and how careful they are now to uphold the liberty and freedom of them, under the name of tender Consciences. Yet it must be a Crime in the King, for the saving of His Crown, to encourage His own Subjects to be loyal unto Him; and to assist Him against his Rebels, by promising them some favour against the rigour and extremity of the laws. There is no Religion, or Nation, English, Welsh, Irish, Scottish, French, Hollanders, Dutch, Germans, Turks, whose service they have not used to depose their sovereign, as it is now apparent, although at first they all fought for the King and Parliament: And if He should have made use of them for His just defence, or shall do for His just restitution, His doing so, would be much more justifiable before God and man than what they have done. They then say, that notwithstanding that both Houses, and the Scotch Commissioners did declare, that they did hold a personal Treaty was not safe, yet the Houses now yielded to that; that is, to a personal Treaty. They might have remembered that the Scots in their Papers do set down why at that time they held a personal Treaty at London not safe; viz. because the King had several Armies on foot, & many strong garrisons then; neither was it known what party, or correspondency He might have in London; all which considerations were now ceased; and that therefore at present they held a personal Treaty (and that to be with the Houses themselves, and at Westminster) most necessary. And thus with their Art in confounding of Times, they labour to abuse the World; and to make show as if they had yielded to all that which the Scots now desired; whereas they would not treat with the King but in the Isle of Wight, and not with the Houses, as the Scots Commissioners desired, but with their Commissioners; And whereas the Scots desired that the King might be free and at liberty, they would have Him still their Prisoner. They further say, that all this was yielded unto, upon condition that the King would sign but four bills, which they judged not only just and honourable, but necessary even for the present Peace and Safety during such a Treaty. Hereby they would insinuate that they desired the four bills but for security during the Treaty; whereas they know that those bills were to be made Acts of Parliament, and so perpetual Laws; unless they intended that the Treaty should be everlasting. As for the justness, honourableness, and necessity of the said four bills; If they have vouchsafed to read the King's Answer (which was not of such importance whether they did or no, their resolution being taken before; that if the King would not undo himself, they must undo Him, which is said to have been the speech of a Member of that House) if they had read the King's Answers, they would have found that the King had convincingly made it appear, that this their way of proceeding (besides the unreasonableness of the bills themselves) was irrational, impossible, and must be ineffectual to the making of Peace, for which this Treaty was pretended to be; To which might be added, that it would have been invalid. It was irrational; for that it is contrary to the nature of a Treaty, that the chief Subject matters of the Treaty should be first assumed. It was impossible; because the King was desired to pass these Acts by Commission under the great seal, and not by His presence in Parliament, whereas there is no such thing as a great seal, but a mock-seal of their own making, of which Sir Edw. Cook, Mr. solicitor, and the abovenamed reverent Judge, as well as three Statutes, have likewise delivered their opinion. It must of necessity be ineffectual; for no Peace could be concluded without the Consent of the Scots; and they in the name of that kingdom protested against their bills, and manner of proceeding; and like rational men they declared, that they could not but wonder, that it could be supposed that the King having so often refused the said bills, for the procuring of a Peace, should now condescend unto them, only for the procuring of a Treaty. Invalid it must needs be; for it is well known, that imprisoned Princes (especially by their own Subjects) can do no valid Act to the prejudice of themselves, much less of their Successors; besides it is well known what the doctrine of the above specified Authors and the Law is, touching constraining of the King by force. There shall no more be said of the manner of their condescending to such a conditioned Treaty (which they insinuate to have been a gracious proceeding) only I will set down what a sober man said of it, & then speak to the matter of the bills by them desired: That the King was used like a man that had had his horse, moneys, sword, cloak, and cloak-bag violently taken from him; and the men that had robbed him (so that he would promise not afterward to prosecute them) were content to treat with him about restoring him some part of his goods; but he should first give his consent that they might keep his horse, his money, his sword, and his cloak; but for his cloak-bag, his nightcap, his slippers, and his shirts, they would treat with him; And because he would not yield to those conditions, they stripped him of his clothes, bound him, and cast him into a ditch. For the matter of the bills they say nothing, not so much as to insinuate what they were, and of them there will be a Tract apart; only two or three words shall be said to let the world see, that there were never so shameful proposals made by any Subjects to their King; especially upon His refusal to yield unto them, to lay the ground for His deposing, and imprisoning. 1. If the King should have condescended to the settling of the Militia according to the Bill offered by them, He should have devested himself and the Crown for ever, of the means of protecting his Subjects, the Law, or the Church, and thereby have been absolutely perjured, by breaking His Oath of Coronation; he should have left his Subjects mere Slaves to their absolute power, by giving way that they might levy what men they pleased, without distinction of Persons, Quality, or limitation of Numbers; and under the pretext of paying the men so levied, might raise what moneys they pleased, without restraint either in the manner or proportion. And having already (as they pretend) the Legistative power in their hands without the King; it is much wondered that they should press for any more bills than this; for hereby alone they should be the most absolute Princes in Christendom, their wills being the only Laws, and a settled Power to uphold their Will. 2. But it should seem being hereby become Princes, they would not want that noble Power of sovereignty, of conferring of Honours; They had once this Parliament nominated a list of Persons whom they intended to have made Dukes, Earls, and Barons; and now they would hook in that Power by a Bill. It may be said they intend it not without the King: That is but an illusion, for if they shall by bill make such Persons Peers, as they will pretend have by their fidelity and courage preserved the State; they have already declared, that the King ought to give His Consent to such bills as the two Houses offer unto him; and in this rewarding of such Heroes, as have been the preservers of their Country, they will not take a denial. And for their supplying their new Lords with Estates and Revenues for their new callings, that is but giving the Estates of some of the loyal Lords (whom they call Delinquents) to those their new Lords; which is done in a morning by an Ordinance, as firmly as if it were by Act of Parliament. 3. In their third bill, of having all Declarations & Proclamations of their Treason and Rebellion to be revoked, they do not pretend a general Pardon or Act of Oblivion; but they will have a Justification of all their Actions and proceedings; and all the blame and blood of the War to rest upon the King's head, and his Adherents; and that they as traitors and Rebels have forfeited their Lives and Estates, wherewith they will enrich themselves. So that the King must not only pardon, but justify them whom He hath so often declared to have been traitors, and in his conscience believeth them to be so (although he be willing to forgive and forget all that is by past) but must leave in the hands of their merciless Enemies, those that His conscience telleth Him have been and are innocent loyal Subjects; and can be charged with no Crime, but that they have served Him faithfully according to their Obligations by the Law of God, the Law of the Land, their oaths, and natural allegiance. Insomuch that they are not content that the King should be poor, and without any Power or Authority; but as they labour in this Declaration to render Him odious to His people, so they would make Him infamous to all Posterity, by delivering His faithful true servants and Friends (that have suffered so much for Him) to total ruin and destruction. 4. Their fourth Bill, is, for the further Declaration of the Act for the continuance of this Parliament, as is pretended; but in effect it is a further settling and confirming of it; And certainly if there did any shame remain, they would blush to move the King in any thing concerning this Bill; considering upon what grounds the King was induced, or rather constrained to grant it; & how they have solemnly protested by their Declaration of the 19 of May 1642. That they would do nothing by virtue of that gracious Act, which otherwise had not been fit to have been done. But what use have been made, and still is, of the said Act, (beyond the Intention in the preamble of the said Bill expressed) to the disservice of the King, and destruction of the kingdom, let the world judge. Now since the Kings not condescending to these four bills, is that which they themselves set down in this Declaration to be the formal and real Cause of their making these Votes, and consequently of deposing and imprisoning the King, (For all the other particulars are but Aggravations and Accumulations of faults, which they say they have hitherto borne) but this the King's present denial of their bills, is that which without Scorn and Contempt to themselves, and ruin to the kingdom, they may not suffer; and therefore have taken their present resolutions, to have no more to do with the King, but to settle the kingdoms without Him. The case lieth then plainly before the indifferent Reader, whether the refusing of four such bills, so destructive in the matter to Monarchy; so enthrawling of the People to all sorts of Slavery; and in the manner so compulsory, so irrational, and so impossible, be a justifiable Cause for Subjects to depose their King, to imprison His Person, to defame Him to the World, and to deny Him all means of Vindicating His Innocency and Honour. But now they say, having made this last so just and honourable application, they cannot but conclude, that by not assenting unto it, He hath forgotten not only His duty to the kingdom, but also the care and respect which He owes to, Himself and His own Family. How just and honourable the said Application hath been, hath been formerly showed, of which it may be with truth averred, that leaving aside the wickedness in the matter, no story ancient or modern can parallel it (for the undutifulness and impudence of it) in Subjects towards their King. To conclude, they say, that for these few of many reasons, they cannot repose any more trust in Him; but have made those former resolutions. Certainly they have done ill to pass by their many reasons; for these few have been much too weak to support so great a weight, as the wickedness of their deposing their King, and the using of Him as they do: and it is to be believed, that they would make use of the best of those reasons, having so great store out of which to make their choice. In the next place they say, They will notwithstanding endeavour to settle the present Government, as may best stand with the Peace of the kingdom. It is likely indeed to be a righteous Government, and to last long, that a prevalent party in the House of Commons shall settle without the King, and against all Law. WHAT hath been hitherto said, hath been to show how free the King is from the Aspersions endeavoured to be cast upon him by this Declaration; together with the great malice and falsehood of it. First, many things in matter of fact are most untrue; as that the King should have a hand in the Irish Rebellion; That there was a design of a general Massacre of all the Protestants in England; That the Spanish fleet that came into the downs 1629. was to enslave the Subjects, &c. with many more such ridiculous falsehoods. Other things are perverted by false application of the facts, as that the Horse that were spoken to be raised in Germany, were for the enslaving of England; whereas the truth is, that if that design had gone forward, (as it did not) it had been to recover the Palatinate. In other things were the facts untrue, by concealing part of the truth and the circumstances, which do clearly justify the said fact; The Malice and Fraud of the Declaration is made most apparent; as when they speak of slitting of noses, branding of faces, cutting off ears, the facts were true; But they conceal that all these things were done by course of Justice against notorious Malefactors; And so that which they should have called Justice, they now bring for an instance of Cruelty. Fourthly, it is remarkable that all the greivances complained of throughout the King's whole reign, though wholly redressed according to their own desires; yet they are recharged, and the redresses not spoken of. So likewise are all the Objections which they have formerly made, either of the passages of the War, or concerning the Treaties; although they have by the King been formerly fully answered, yet they obtrude upon the people all the said objections, and conceal from them the Kings satisfactory Answers; and all this in so venomous and spiteful a language, that it is plainly to be seen, that their end is to make differences irreconcilable, and the King odious, that they may have the more colour to destroy Him. It will now be necessary to speak a few words of their other Proposition, viz. that a King that should be culpable of those Crimes suggested in this their Declaration, may be proceeded against, as they do now proceed with the King; for to that end they have written this Declaration, as containing the reason of their Resolutions and Proceedings. This position is worse and more dangerous than their present Rebellion, for that by God's goodness may soon have an end, but this Position is a source, a seed-plot and nursery of perpetual Rebellions. So much hath been written by all sorts of Christians against this damned maxim, that here it shall be very briefly spoken of, and only showed, that it is full of Impiety, Perjury, and Treason. Impiety, towards God, who hath in his holy word so often commanded obedience to the Powers by him ordained over us, and hath prohibited Resistance upon pain of Damnation; and that to Heathens, Tyrants, and Persecutors of his Church, even to that monster of mankind, Nero. Perjury, by breaking so many oaths, Protestations, and Covenants, of bearing unto the King true faith and allegiance, of defending His Person and Honour, with all His just Rights and Dignities. Treason, the levying War against the King, the adhering to His enemies, the endeavouring to alienate the hearts of the Subject from the King, to remove the King from the Government, or to imprison His Person, to subvert the laws, to endeavour to change the government either ecclesiastical or civil, to reform the King by force, and many other things are by the laws, and Acts of Parliament (and not by Ordinances) declared to be Treason, and most of them so confessed by themselves this Parliament to be so; and for the pretence of some of them, the Archbishop of Canterbury, and the Earl of Strafford lost their lives. And here I shall leave that damned Position, that Subjects may depose their lawful hereditary King, (for so the King is in effect) upon suggestions of His failings, or any other cause whatsoever. It remains yet to speak something of the Scope of their so bitter railing, and reviling of the King with so foul a pen, as Tyranny, Cruelty, betraying, breach of Oaths, &c. which is to make Him odious; for answer whereunto there shall be only offered unto the world and them, such truths of the King and his Deportments, as the fiercest of His enemies shall not deny. He is known to be a Prince of a most pious life, which He daily showeth by His constant practice of all Acts of devotion, as Prayers, Sermons, and frequent receiving of the holy Sacrament. No blood hath been drawn by his Anger or Revenge; no noble Family dishonoured by His Lust; no Debauchery or excess hath received encouragement by His Example; no oaths or profaneness have been heard to come out of His mouth; His prudence, ability & invincible courage and industry, are not unknown to themselves; nor His patience and composedness of mind, in the highest afflictions and wrongs that have ever almost befallen any King; and lastly, his goodness and clemency in desiring to put all by-past Injuries into perpetual oblivion. Let these His known and undeniable virtues, besides His Royal De●●●●, and undoubted Title for six hundred years in England, and of 108 Kings in Scotland, be put into the balance, against all those malicious and 〈◊〉 Aspersions that have been raked together against Him; and than let it be judged, whether it will not be an ill change for the people, to leave the subjection and Government of such a Prince, to put themselves under the tyranny and Arbitrary Power of such a Parliament, and such an Army. One thing more shall only be offered to the consideration of the People; whether if the Houses should condescend to a Peace, upon no more than what the King offereth, besides all the Concessions He hath granted this Parliament, and what He hath offered from Holdenby, from Hampton Court, and Carisbrook Castle (before cited,) the English Nation should not be the freest and happiest Subjects in Europe. And whether if they continue under the present usurped Power of the House of Commons, and the Army, (for the Lords serve now only to be subservient unto them) they shall not be the most miserable of all people; by having their Religion, Lives, Liberties, and laws changed, and to be disposed of by the wills and Arbitrary Power of their fellow-Subjects. It is again desired (as it hath been in the beginning of this Answer) that what is herein set down, may only stay men's judgements, and put them into a deliberation; until the King (who hath perfect knowledge and information of all the particulars, which in many things are wanting to the Writer hereof) shall himself set forth His full Answer; which is not likely to be long; for that those who have the worst opinion of the Proceedings of the House of Commons, cannot suppose them to be so irrational and barbarous, as not to let the King have a sight of this their Declaration; and to afford Him all necessary means of making and publishing His Answer. FINIS.