THE return OF THE People of England: tendered to the Speaker of the House of COMMONS; In Answer( after mature consideration had in our several Parishes) to their DECLARATION of the 11. of February, 1647. Being red according to Order. Wherein all men may plainly see, what the success of this Treaty would be, and to our woeful experience is justly come to pass. With a Vindication of His MAJESTY, from all false aspersions, and from any defect on his part therein. Printed in the year M.DC.XLVIII. The return of the people of ENGLAND. tendered to the Speaker of the honourable House of Commons. SIR, YOur Declaration of the 11. of Febr. expressing the Reasons of your Votes for no more Addresses to the King, hath been long since carefully red in our Parish Churches, according to Order, and vehemently pressed by the Ministers that you have placed amongst us. YOu could not expect that, we the Common People of England, as little versed in State-Matters, as some of your Members( viz. Mr. Nixon of Oxon, Mercer; Mr. Lowrey of Cambridge, Fishmonger; Mr. Snelling of Southwark, Strong-water-man; and pitiful Mr. Allen, of Weymouth, Brewer) should of our selves, presently upon Publication of your Declaration, be able to judge of the several particulars, and render an account accordingly. But now at last having sufficiently informed ourselves, by the best means, and ways we could, of all, and every the contents of your Declaration, it seems to us, to be of the Nature of a Chancery Bill, charging roundly( it matters not how truly) his sacred Majesty; And, Reserving to ourselves all exceptions against the uncertainties, and insufficiences of it, we present to your more serious consideration these our observations upon the same. Nor must you blame us, that we return some things in your Declaration, as uncertain, and insufficient; for, in the last page., yourselves intimate as much: telling us, that you had sufficient notice and proofs of most( not of all)( as we have of very few) things contained in it; for instance, Concerning your Propositions to the King, and the Kings to you, You declare, that you have no less then seven times made your Addresses to the King: But because we find them not particularly name by you, we must refer them unto the uncertainties of your Declaration. You declare also, that you tendered such Propositions that might occasion the world to judge you had not only yielded up your Wills, and affections, but your Reason also and Judgement, for obtaining any true peace, or good Accommodation. But whether you have done so or no, let all the world judge by your Propositions themselves. The Parliaments Propositions to the King. 1. THat the two Houses shall nominate the Lords of the Privy counsel and all the great Officers and Ministers of State, and the Judges of the Land. 2. That the Government of the Church by Archbishops, Bishops, &c. be abolished; and the Government to be set up, shall be such as the two Houses of Parliament shall agree upon. 3. That the Militia both by Sea and Land, shall be disposed, and executed by the two Houses of Parliament. 4. That the custody and Command of the Forts and Castles shall be committed to such as shall be approved by the two Houses of Parliament. 5. That all peers lately made or to be made hereafter, shall not sit or Vote in Parliament, but by the consent of the two Houses of Parliament. Husb. Exact Col. pag. 307. These Propositions we find amongst the 19. which you tendered to his Majesty, June 2. 1642. and we have premised them and placed them all by themselves, that the world may see the true ground of the quarrel, wherein so much Blood hath been shed, the Blood of Fathers, Brothers, and Children, &c. and that the world may judge, who is guilty of all the Bloodshed. Your Propositions concerning Papists we have omitted, because his Majesty consented to them. The Propositions which follow, were added, upon the Conjunction with the Scots, and upon occasion of the Warres in England and Ireland; and were treated upon at Uxbridge, and tendered to his Majesty, at Newcastle, Hampton Court, and the Isle of Wight. 6. That all the Kings Declarations, Proclamations, &c. against the proceedings of the two Houses be made null. 7. That the King, and all the Subjects of the three kingdoms, do take the Covenant. 8. That there be a Reformation of, and a unity, and uniformity in Religion, according to the Covenant, in the kingdoms of England, and Scotland. 9. That the Court of Wards, and all Wardships, be taken away. 10. That the Treaties between the two kingdoms be confirmed by act of Parliament. 11. That the joint Declaration of both kingdoms, of Jan 30. 1643. concerning those that adhere to the King in this War, be confirmed by Act of Parliament. 12. That an Act bee passed for paying the public debts of the kingdom. 13. That the Cessation in Ireland be made voided; and that the Prosecution of the war be settled in the two Houses of Parliament. 14. That Religion be reformed in Ireland, according to the Covenant, and as the two Houses of Parliament shall think fit: 15. That the Deputy, or chief governor, or other Governours of Ireland, and the Presidents of the several Provinces there, and the Secretaries of State, Mr. of the rolls, Judges of both Benches, barons of the Exchequer, the Vice-Treasurer, and Treasurers of Warres of that kingdom, be nominated by both Houses of Parliament of England. 16. That the Militia of London shall be governed by the two Houses of Parliament. That the Tower of London be in the Government of the City; and the chief governor to be nominated, and removable by the Common counsel. 17. That all that hath passed under the great seal of England in the custody of the Parliament-Commissioners, be valid; And that whatsoever hath passed the Kings great seal, since the 22. of May 1642. be made voided; As likewise, whatsoever grants of Offices, Lands, tenements, and heriditaments have passed the great seal of Ireland, since the cessation 15. Sept. 1643. And whatsoever Honors have been conferred by that Seal, since that time. And now let the world judge also, whether it be fit for Subjects to offer such Propositions to their sovereign, whereby you take away from the King, and from the crown t, he chief Power and Government of the two kingdoms of England, and Ireland, and would settle it in the two Houses of Parliament. And we appeal to your own Consciences, whether ever any Protestant Parliament made the like assaults upon the King? And whether ever any Popish Parliament attempted the like against the Crown? Also let the world judge, whether the King did not offer Propositions fit for you to receive at the Treaties, both of Oxford and Uxbridge. The Kings Propositions. Exact. Col. p. 912. 1. THat his Majesties own Revenue, Magazine, towns, Forts and Ships, which have been taken or kept from him, by force, be forthwith restored unto him. 2. That whatsoever hath been done, or published contrary to the laws of the Land, or derogatory to his Majesties legal and known Power and Rights, be renounced, and recalled; that no seed may remain for the like to spring out for the future. 3. That whatsoever illegal Power hath been claimed, or exercised, by or over his Subjects, as imprisoning their persons without Law, stoping their Habeas Corpusses, and imposing upon their Estates without Act of Parliament, &c. either by both, or either House, or any Committee of both, or either; or by any persons appointed by any of them, be disclaimed, and all such persons so committed forthwith descharged. 4. That as his Majesty will readily consent( having done so heretofore) to the execution of all laws already made, and to any good Acts to be made for the suppressing of Popery, and for the firm settling the Protestant Religion now established by Law; so he desires, that a good Bill may be framed for the better preserving the Book of Common Prayer from the scorn and violence of Brownists, Anabaptists, and other Sectaries, with such clauses for the ●ase of tender Consciences as his Majesty hath formerly offered. 5. That all such Persons as upon the Treaty, shall be excepted out of the general Pardon, shall be tried per Pares, according to the usual course, and known laws of the Land; and that it be left to that, either to acquit or condemn them. And now we appeal to your own Consciences, whether it were not fit for you to have received and acquiesced in these his Majesties Propositions( for conserving the rights of the Crown, the Law of the Land, the Liberty of the Subject, the established Religion, and the fundamental Justice of the kingdom) who, when you published your Propositions for bringing in Money and Plate, June 10. 1642. declared, Exac. Col. 342. that whatsoever is brought in shall not at all be employed upon any other occasion, then to maintain the Protestant Religion, the Kings Authority, and his Person in his royal dignity, the free course of Justice, the laws of the Land, the Peace of the kingdom, and privileges of Parliament. But if his Majesties Propositions were not, yet his condescensions to your Propositions, tendered, and published before this your Declaration, were doubtless not unfit for you to accept. The Kings condescensions to the Parliaments Propositions. 1. COncerning the great Officers of State, &c. See the Book called the Kings most gracious Messages for peace. p. 86. p. 85. That their Patents and Commissions being taken from his Majesty, they should be nominated by the two Houses of Parliament during his Majesties reign, and afterwards to return to the Crown. 2. Touching the Church Government, That the presbyterial Government be legally permitted to stand for 3. yeares; provided his Majesty or any others who cannot in Conscience submit thereunto may have free practise of their own Profession; And a free debate be had with the Divines at Westminster( 20. of his Majesties Nomination being added unto them) whereby it may be determined by his Majesty, and the two Houses, how Church-Government after the same time shall be settled, as is most agreeable to the Word of God. 3. Touching the Militia; That the whole power of the Militia both by Sea, and Land, shall be ordered by the two Houses of Parliament during his Majesties reign: yet so, as all Commissions and other Acts concerning the Militia, be made and acted, as formerly; and after his Majesties Reign, all the Power of the Militia shall return entirely to the Crown, as it was in the times of Q. Elizabeth, and King James of happy memory. 4. p. 88. Touching his Majesties Proclamations and Declarations against the two Houses and their Proceedings: That he will consent to an Act of Parliament for making them null; And he further proposeth( as the best expedient to take away all seeds of future differences) that there be an Act of Oblivion to extend to all his Subjects. p. 66. 5. Touching the taking of the Covenant, &c; That though his Majesty be not therein satisfied, yet he will make clearly appear, both his zeal to the Protestant Profession, and the union of these two kingdoms, which he conceives to be the main drift of the Covenant. p. 68. 6. Touching the Treaties between the two kingdoms; That he would agree to all things that are propounded touching the confirming of the Peace of the two kingdoms. p. 87. 7. Touching the Payments of the public debts; That he would consent to such Acts as the two Houses shall agree upon. p. 87. 8. Touching the Court of Wards: That his Majesty would consent to an Act for taking it away, so as a full recompense be settled upon his Majesty, and his Successors for ever hereafter. p. 88. 9. Touching Ireland, that the Cessation there is long since determined; And for the future, that his Majesty would give you full satisfaction concerning that kingdom. p. 69. 10. Touching the City of London; That his Majesty consented to all the Propositions concerning it. p. 88. 11. Touching the Acts passed under the great seals; his Majesty promised, after perusal of particulars, to give you satisfaction to what may reasonably be desired by you. And now indeed hath his Majesty offered such Tenders to you as were not fit for him to make, nor for you to receive, but in order to an Accommodation, and peace: And we cannot but be sensible of his Majesties grace and goodness to us, who was pleased to condescend even to the dethroning of himself, for our Peace and quiet; and we cannot enough blame you, who would not accommodate upon these condescensions, but rather renew the War again. And being, as you were pre-ingaged against Monarchy, you could not deem any thing fit for you to offer, or accept, that came short of your design; And to it have you sacrificed our Peace also. You go on, with the same confidence, and declare; That his Majesty sometimes denied to receive your humble Petitions for Peace: Exact. Col. p. 630. We conceive you meant the Petition which you sent to the earl of Essex at Worcester, about the end of Sept. 1642. to be presented to his Majesty, then at Shrewsbury; upon notice whereof, his Majesty declared, that he was ready to receive any Petition from you; only he required that none of those persons whom he had particularly accused of High Treason, should by Colour of that Petition be employed to his Majesty: And so we account this charge amongst the insufficiencies of your Declaration. Concerning the Overture of a Treaty at Windsor, and his Majesties advance to Brainford, We find, that when you sent your Messenger about this overture to the King at Colebrook, the earl of Essex being returned to London: drew a great part of his forces, and the London Trained Bands, towards his Majesty; sending others by the way of action on the one side, and of Kingston on the other; Windsor also being then Garrisoned by you; so that if his Majesty had remained at Colebrook, he would have been environed by your forces; Whereupon he resolved suddenly to fall upon the body at Brainford; and having defeated them he made his way over Kingston, and so retreated to Reading; Nor was there any Cessation mentioned by your Messenger who brought that Overture to his Majesty. And 'twas not your fear for London, or the slaughter at Brainford, but the Kings escape, that so much troubled you. Concerning the bloody Massacre in London by virtue of the Kings Commission, Wee find, that to bee no other then a Commission of Array in English, which was to have been made use of upon the Kings Motion with his Army toward the City; As you had your Ordinances for the Militia ready upon all occasions to be executed in the Kings Quarters. Concerning the Kings Coronation Oath, We find it to be this, and to be administered, and taken thus: Exact Col. 290. At the Coronation, the Sermon being done, the Arch-Bishop goeth to the King, and asks his willingness to take the Oath usually taken by his Predecessors. The King sheweth himself willing, ariseth, and goeth to the Altar; The Arch-Bishop administereth these Questions, and the King answereth them severally. The Bishop. Sir, will you grant, and keep, and by your Oath confirm, to the People of England the laws, and Customs to them granted by the Kings of England, your lawful, and religious Predecessors; and namely the Laws, Customs and Franchises granted to the Clergy by the glorious King S. Edward your Predecessor, according to the laws of God, the true Profession of the gospel established in this kingdom, and agreeable to the Prerogative of the Kings thereof, and the ancient Customs of this realm? The King. I grant and promise to keep them. Bishop. Sir, Will you keep Peace, and godly Agreement entirely( according to your Power) both to God, the holy Church, the Clergy and the People? King. I will keep it. Bishop. Sir, Will you( to your Power) cause Law, Justice, and discretion in Mercy, and Truth, to be executed in all your Judgements? King. I will. Bishop. Sir, Will you grant to hold, and keep the laws and rightful Customs which the Commonalty of this your kingdom have; and will you defend and uphold them to the Honour of God, so much as in you lieth? King. I grant and promise so to do. Then one of the Bishops reads this admonition to the King before the People with a loud voice. Our Lord, and King, we, beseech you to pardon and to grant, and to preserve unto us, and to the Churches committed to our Charge, all canonical privileges, and due Law, and Justice, and that you would protect and defend us, as every good King in his kingdoms ought to be Protector, and Defender of the Bishops, and the Churches under their Government. The King answereth. With a willing and devout Heart I promise, and grant my Pardon; And that I will preserve, and maintain to you and the Churches committed to your charge all canonical privileges, and due Law, and Justice; and that I will be your Protector and Defender to my Power, by the Assistance of God, as every good King in his kingdom in right ought to protect and defend the Bishops, and Churches under their Government. Then the King ariseth, and is lead to the Communion Table: where he makes a solemn Oath in the sight of all the People, to observe the Premises: And laying his hand upon the Book, saith: The Oath The things which I have before Promised I shall perform, and keep: So help me God, and the Contents of this Book. So, the defence, and maintenance of the laws, customs, and Franchises of the People, and Clergy; and of peace, and godly agreement amongst them; And of Law, Justice, and Mercy; and of the laws and rightful customs of the Commonalty; and the Preservation, and Protection of the Bishops, their Churches, and privileges, is the sum of the Kings Coronation Oath; And is not this also the ground of his late quarrel? For why did he at first refuse to grant you the Militia, Exact. Col. 290. but in order to his Oath; because without that Power he could not, as he was bound, defend the laws, the People, and the Church. And why doth he refuse to pass your Bill for abolishing Bishops, Deans and Chapters, &c. but because he is bound by his Coronation Oath to protect them: And were not these the particulars first controverted between you? And were there not first Bills brought into your House about them, and the bills being rejected, were they not afterward revived by Tumults? And these two things, are they not principally insisted on in all your Propositions and Treaties? And ( in truth) you are offended with his Majesty, not because he hath broken his Oath, but because he will not break it. And would God you were as religious observers of your oaths, so often renewed before God, and the whole World; and especially of the Oath of supremacy, wherein you protest and declare, 8. Ecclesias. 2.17. Ezek. 16.18.19. that King Charles is the onely Supreme governor in this Realm. And you promise,( from henceforth) to bear faith, and true allegiance to the Kings Highnesse, his Heires, and lawful Successors, and to your power, to assist, and defend all Jurisdiction, privileges, pre-eminence, and Authority, granted or belonging to the Kings Highnesse, his Heires and Successors, and united, and annexed to the imperial Crown. And for our parts we are resolved, to adhere to our Oath of Allegiance; wherein we promise, that from henceforth we will bear faith, and true allegiance, to the Kings Highnesse, his Heires and lawful Successors, and him, and them will defend, to the utmost of our Power, against all conspiracies, and attempts whatsoever, which shall be made against his or their Persons, their Crown, and Dignity. Of other his Majesties vows and Protestations, and of the pacification with the Scots, &c. we shall speak more conveniently hereafter. In the next place you charge his Majesty with a continued tract of breach of trust ever since he wore the crown. To this we demur, doubting, whether you are competent Judges of the Kings trust, of his breach of trust, and of the King himself for breaking his trust; for that is the drift and scope of your Declaration. We believe, that the Kings power is Fiduciary, and that the Kingly Office is a great trust: but that he is entrusted as he is empowered by God, and only by God: And this Doctrine we learned long since from the two Prayers for the King immediately following the Commandements in the Book of Common-Prayer; but( it should seem) you have damned them both together. And whether there hath been a continued breach of trust by the King, we shall see upon the examination of the particulars in your Declaration; in the mean time we account this as one of your uncertainties. Of his Majesties two maxims, or Principles, wherein he hath laid a fit foundation for all Tyranny, we shall speak more hereafter. Concerning the private Articles agreed in order to the Match with spain; and those other private Articles upon the French Marriage, We find, that they were transacted by K. James, and therefore are not to be imputed to K. Charles; so we account them amongst the insufficiencies of your Declaration: and because they are private, we cannot judge of the nature of them; and so refer them amongst your uncertainties. Concerning the death of King James. We find, that the Kings sickness was an Ague, that the plasters applied to his breast and wrists, were only of London Treacle and Mithridate: and that the drink or potion you speak of, was only Posset-drinke, wherein Harts-horne was boiled, and which was sweetened with the syrup of Gilleflowers. That M. Rinnington physician of Donmow in Essex yet living, prescribed these Medicines, first to the E. of warwick, being sick of an Ague; and that the Duke of Buckingham afterward falling ill of an Ague at the E. of Warwicks in Essex, his Lordship advised the Duke to make use of them: Lastly, that both these Lords found a good effect wrought in them by that physic, and thereupon the Duke proposed it to His majesty; nor do we perceive, that you except against the physic, but only against the Dukes application of it, without the direction or privity of His Majesties Physitians: But the Duke in his Answer( which you have by you) declares that there was nothing administered to the King, without the privity of the Phisitians, and his own importunate desire and command: And we have reason to believe, that you did acquiesce in the Dukes answer, as true, and satisfactory, because there was no farther Prosecution of him, in the next Parliament holden the year following. viz. 3. Caroli. See the Petition of Right, tertio Caroli. And we appeal to your journal Books, whether there be any mention of the business in either of your Remonstrances of that Parliament( for then you began first to remonstrate.) And so( if there be any guilt) we leave the world to judge where the guilt remaines, that this business was not farther prosecuted. Concerning Rochell, We find that his Majesty lent not divers of the Navy royal, but the vanguard only. And that he did not lend other Merchants Ships, but permitted them only to be hired of the Merchants: And that they were not lent to be employed against the Protestants in France, but upon a precise promise, that they should not be employed against those of the Religion. And because the King of France had employed them contrary to his promise, therefore did his Majesty enter into hostility with France, as appears by the Duke of Buckinghams Commission, under whom he sent an Army into the Isle of Rhea. Besides, his Majesty recalled those Ships, and they were all returned, 2. yeares before Rochell was lost. Concerning the German Horse, loans, Privy seals, Coat and Conduct-Money, Monopolies, &c. Because you have thrust all these into one charge, we will speak of them, first together, and then of each particular. Concerning them together, Exact Col. p 3. we find that in your Remonstrance of the 15. of Dec. 1641. you declared them to be the effects of evil Counsellors onely. And in your Petition accompanying it, that you protested, the Remonstrance was made without the least intention to lay a blemish upon his Majesties royal Person, Exact Col. p. 1. but only to represent how his royal Authority and trust had been abused. And in your Declaration of 19. May 1642. That you tell us, Exact Col. p. 198. If you should say that all the ill things done of late in his Majesties Name, have been done by himself, you should neither follow the direction of the Laws, nor the affection of your own hearts. And in the same Declaration, that it is a maxim in the Law, the King can do no wrong; Exac. Col. pag. 199. but if any ill be committed in matter of State, the counsel; If in matters of Justice, the Judges must answer for it. And how then, contrary to your Petition, Protestation, affection, and to the direction of the Law, are these, and the like things now imputed to his Majesty? Much more may be said, on behalf of his Majesty in each particular. 1. Concerning the German Horse: That if there were any design in bringing over those Horse, it was by others; and amongst them your Balfore, and Dalbier were principal: But so soon as the Proposition was made to the King, he rejected it, and never consented to the practise of it. 2. Concerning loans, and Privy seals: That they have been in all times practised, upon reason, and necessity of State: And that they have not been so frequent in K. Charles's time, as in Q. Elizabeths, whereof no sober man hath ever complained. See the Pell Office. 3. Concerning Coat, and Conduct money: That it was repaid to the Collectors of Subsidies, and by them, to the Deputy-Lievtenants of the several Counties, to be distributed amongst the Inhabitants; And for want of such destribution in Dorsetshire, was there a presentment thereof made to the Judge of Assizes. 4. Concerning the enclosing of Commons: That his Majesty paid a dear rate for those that himself enclosed; as for making the new Parks at Richmond, and Wimbleton. 21. Jac. 3. 5. Concerning Monopolies: That the Law alloweth them, for the encouragement of new Inventions, so that they be not contrary to the Law, nor inconvenient to the State, &c. And when any Petitions in this kind were brought to his Majesty, he ever referred them to his attorney, or solicitor, and he passed them, upon their Certificate, that the Monopolies petitioned for were not contrary to Law, nor inconvenient to the People, and not otherwise. 6. Concerning shipmoney: That his Majesty had a judgement in a Court of Law for it before all the Judges of England. Besides, all these pressures were remedied by several Acts in the beginning of the Parliament: and we remember, that( by your Order) the Judges of Assize gave us notice thereof, At Summer Assizes, 1641. and highly extolled his Majesties goodness in passing so many gracious Acts for us: And must these grievances now after seven years redress, be objected to us against him? And must the King, who by your own Law can do no wrong in these cases, be prosecuted, and those vile Monopolists, Sir Hen. Mildmay, Sir John Wollaston, and M. laurence Whitaker, and also White the Sope-boiler at Lambeth, be protected and cherished by you? 7. Concerning the Spanish Fleet, That it was bound to Flanders, with new levied Souldiers to recruit their Army there; which souldiers were without Arms, and without Officers, as we remember the Fleet was without Powder; and therefore they intended no invasion, being not provided for it. Concerning the torturing of our bodies by whippings, slitting of noses, cutting off ears, &c. and the Lording over our souls, by Oaths, Excommunications, &c. We find, that these judgements and proceedings ( upon our bodies) passed in due form of Law, in Courts of Justice: and that the Oaths, Excommunications, Ceremonies, and Canons were no other, and no otherwise exercised, then was agreeable to the laws and Government established. But we cannot but be sensible, that our sufferings in every kind have been much more during your reign, then they were in his Majesties reign; for how have you devoured our estates, by Taxes, Free-quarter, and that Compendium of all slavery, the excise? how have you destroyed our bodies by strict imprisonment, and cruel starving? and how have you endeavoured to damn our souls, and to sand us to hell by whole-sale, by your illegal, anti-legall, disloyal vows, Covenants, and engagements? Concerning the long intermission of Parliaments, and the two Principles of Tyranny, We find, that the Parliament begun 3. Caroli, was dissolved upon your Remonstrances, and we believe, See the Petition of Right, 3. Carol. that thereupon followed the long intermission of Parliaments for twelve years after. And that it was in the Parliament aforesaid, the King avowed those maxims or Principles, that he oweth an account of his actions to none but God alone: And that the Houses of Parliament, See the Petition of Right, 3. Carol. joint or separate, have no power either to make, or declare any Law; which induceth us to believe, that even then there was some assault made by the two Houses upon the royal Authority; which made the King to avow those principles: The anti-monarchicall spirit beginning to work in that Parliament, and so making the King averse from Parliaments. Nor do we see how these principles are introductive of Tyranny, but sure we are the contrary are destructive of Monarchy. And touching the first, we learn from Rom. 13.4. That the King is the Minister of God, and who art thou that judgest another mans servant? to his own Master he standeth or falleth, Ro. 14.4. The Law also averreth, that the Crown of England is in no earthly subjection, but immediately Subject to God, in all things touching the regality of the same Crown, and to no other, 16. R. 2. c. 5. And, t●uching the second Principle, the Law also tells us, That it is of the Kings Regality, to grant or deny such of their Petitions( for that was then the usual form of presenting their desires) as pleaseth himself. 2. H. 5. And that 1. Jacob. 1. the two Houses, craving the royal assent to that Act, confess, without it the Act cannot be complete or perfect, &c. Sir Edward cook also in the fourth Part of his Institutes( a Book printed this Parliament by your Order) pa. 25. says, That there is no Act of Parliament but must have the consent of the Lords and Commons, and the royal assent of the King. The same also is true concerning the declaring of Law; as appears by the 25. Edward 3. The words whereof are: And, because many other like cases of Treason( which are not expressed in that Statute) may happen in time to come, it is accorded, That if any other case supposed Treason, which is not above specified, doth happen before any Justices, the Justices shall tarry without any going to Judgement of the Treason till the cause be shewed and declared before the King and his Parliament, whether it be judged Treason or other felony: Which Declaration ought to be by the whole Parliament, and not by the King and Lords, or King and Commons, or Lords and Commons. Cook Instit. 3. part fol. 22. Now Innovations, and Novelties in Parliamentary proceedings are most dangerous, and to be refused. Cook 4. part Instit. p. 11. Concerning Scotland, the new Liturgy, and Canons, and the canceling and burning the articles of Pacification. We find, that the liturgy and Canons were framed and sent thither with the advice or approbation of the Lords of the council of that kingdom; and if they were pursued with more vehemency then ought, it must be imputed to the Ministers of that kingdom that were trusted with it. And that the Articles of Pacification were canceled and burnt by the unanimous advice of the Privy council here, after they had been first broken by the Scots. And we cannot but wonder, how you should take cognizance of transactions between his Majesty and his Subjects of Scotland, especially after an Act of Oblivion. Concerning the calling, and dissolving the short Parliament. We find, that this was part of the Charge against the Earl of Strafford, and the Archbishop of Canterbury, though declined in the prosecution of them both; and the reason hereof we conceive to be, that Sir Hen. Vane signior might not be questioned, by whose false information and instigation, that Parliament was unhappily dissolved: that the Parliament being dissolved, his Majesty took from his Subjects by power, what he could not otherwise obtain, is one of the uncertainties in your Declaration that we except against. Concerning the summoning this present Parliament, and his Majesties expectation of supply against the Scots, and his protecting of wicked Councellors. We find, that the King had little reason to hope for any assistance against the Scots, knowing, as he did, who called them in; and that from the Scots themselves whilst he was at york: a Secretary of the Scots Lords at Newcastle, telling some English taken prisoners at Newburne, That their coming in had not been, but by the invitation of the English. And that the King excepted no man of what quality or nearness soever unto him, from a legal trial; leaving unto you the Earl of Strafford, the Archbishop of Canterbury, all the Judges, and whomsoever you would accuse; in so much that you examined and committed the queens Confessor, and examined the Ladies of her Bedchamber; and your sergeant at arms presumed so far, as to come into the Kings withdrawing room next unto his Bedchamber, to city and summon persons of greatest quality, and nearness unto himself. Concerning the Queens pious design, &c. We find that the queens design( if any were) was most industriously examined by you; and that you had Sir kenelm Digby, Mr. montague, and divers others before you in the House of Commons; and that when you had most narrowly sifted the business, you proceeded no farther in it, nor against them for it. And for Secretary Windebank; That he was in the House of Commons after the report made; and so you might have proceeded against him. Concerning Commissions given to Popish Agents for private Levies, &c. We find, that not the Papists only, but the Lords of the Privy counsel, and divers Protestants of the best quality in the kingdom, contributed toward his Majesties Expedition into the North: and if by private Levies you understand other Sums collected for his Majesties use, we desire to know what they are; and until then we must account this, and the other particulars annexed unto it, amongst the uncertainties of your Declaration. Concerning the bringing up of the Northern Army; We find, that whereas 50000. l. were ordered for the payment of that Army, and 10000. l. were taken by an after Order out of that sum, to satisfy a new motion and importunity of the Scot, some of the Officers of the Kings Army took offence and dislike thereat, and in discourse said, that they were disobliged by the Parliament, and not by the King; and thereupon concluded to serve his Majesty in all things that were honourable, and agreeable to the fundamental Constitution of the kingdom. And that afterwards their discontent being heightened, mention was made by some of the bringing up the Army to London, and making sure the Tower; but that was earnestly opposed and suddenly deserted by the Army itself; as would have appeared by the second examination of Mr. Goring, purposely suppressed by you; Wherein also are many contradictions to what you have published concerning this business( as we find) in his Majesties Declaration of the 12. Exact Col. pag. 514. Aug. 1642. which you have not answered to this day. And as concerning his Majesty himself, we find in one of the depositions taken and published by you, that when he was made acquainted with it, he said those ways are vain and foolish, and that they should think of them no more. Nor can we find in any thing by you published, though we have again and again red over the depositions printed together with your Declaration of May 19. Exact. Col. p 215 1642. and more particularly those of Sir Jac. Ashley; Sir John Conyers, and Col. Leg, in your present Declaration mentioned, we say we cannot find, that there was any real transaction between his Majesty and that Army, other then the signing of Capt. Legs Petition: Wherein the Army offered their service to the King and Parliament, Exact Col. p. 563 for securing them against the violence of Tumults then frequent in London. For which reason did not you also call up the Army in Aug. 1647. And we must needs say, considering those depositions, all other the particulars recited by you, as incident to this business, are to be reckoned amongst the uncertainties and insufficiencies of your Declaration. But we have been informed that others have endeavoured to seduce that Army from the Kings service, and from the earl of Strafford their general, and that the said E. would have impeached them of high Treason for so doing, had they not prevented it by impeaching him a day or two before his impeachment against them was ready. Concerning the Kings offer to the Scots of the Plunder of London, &c. We find indeed in one of Sir Jacob Ashleys examinations, that Oneal put the question to him, Exact Col. p. 229. What if the Scots would be made neutral? And that Sir Jac. answered him, that the Scots would lay him by the heels, if he should come to move such a thing, for that they would never break with the Parliament. But we find not, in ought you have published, any positive proof of this charge against his Majesty; And therefore we must refer this, with what follows, concerning Propositions made by Oneal, Sir John Henderson and others with Letters of credence from the King, to the uncertainties & insufficiencies in your Declaration. Concerning the Kings Journey into Scotland, &c. We find that after his Majesty had promised his Scottish Subjects to go into Scotland, for settling the unhappy differences there, at your entreaty he was persuaded to defer his Journey, Exact Col. p. 525 to a day agreed on by yourselves, and that he took his Journey accordingly. And that he left such a Commission behind him as was agreeable to Law, and which might be sufficient to prevent any inconveniencies that might arise in his absence; though he refused to pass it, with that extent, which was desired, viz. for the Commissioners to consent to all Acts you should pass before he returned from Scotland. Nor doth it appear that the Commissions issued out by Secretary Windebank, were other then according to the Law of the Land. Concerning the business of Ireland. Concerning the Kings Letters sent into Ireland by the Lord Dillon, seeing you have not published them, we must reckon them amongst the insufficiencies and uncertainties in your Declaration; As we must that Commission sealed at edinburgh to the Irish Rebells, and the Oaths and depositions of those who have seen it, and the promise of it to the Committee of London, for the reason aforesaid; Though it were an easy matter for the Rebells to take off a great seal; affixed to their Patents, and fasten it to Commissions of this kind; as we are credibly informed they did, to gain credit to their action amongst the People. Concerning the Irish Committee, we find that they were chosen according to the constitution of that Parliament, more Papists then Protestants; 7. of the one, and 6. of the other Religion, sent under the notion of a Committee from the Parliament for redress of grievances( Sir John Temple pa. 13.) and under that notion they complain, that the Earl of Strafford had taken a fourth part of the 5. Counties from the owners thereof, and intiled the King to it; and this is a particular Article of the impeachment against the earl of Stafford. Now the King only released that fourth part to the owners; which was equally beneficial to the English, and Irish, Protestants, and Papists; and how can you justly charge, both the King for releasing it, and Strafford for seizing it. Concerning the not disbanding the Irish Army, we find that that Army was raised to oppose the Scots invading England; and that his Majesty resolved to disband the one, so soon as he was assured of the return of the other; but wisely considering, that it might not be safe for the peace of Ireland, if such a body were disbanded, as if it were transported, his Majesty gave leave to the Spanish ambassador to transport 3. or 4000. of them for his Masters service, which you opposed, giving reasons to the contrary, at the instance of the aforesaid Irish Committee, then at London; having otherwise designed the service of those men( And this we conceive to have been the sense of Mac Cart and Macquires confession by you cited.) And so his Majesty consented to the disbanding and sending back of that Army into Ireland; which doubtless gave a great rise, and contributed much to the Irish Rebellion. But that his Majesty knew nothing of any such design, doth appear by the confession of Macquire at his Execution; who( to use his own words) did acquit the King upon his death, and any other man in England except one ( and he but a private Gentleman, who came by chance to the knowledge thereof) from being guilty so much as of knowing it. Concerning the first Clause of their Oath to bear true faith and Allegiance to King Charles. We know that in all Rebellions the chief Authors, and contrivers of them, make faire pretences and specious Oaths, to seduce the People to join with them in their undertakings. And whereas they style themselves the Kings or queens Army, that was merely to countenance the Rebellion; if not also to raise farther jealousies between the King and you, and to set you at farther odds, that so upon your divisions in England, they might with more ease carry on the Rebellion in Ireland. Concerning the 40. Proclamations sent into Ireland. Exact Col. p 247 We find not that you ever so much as moved for any Proclamation against the Rebells; but the first motion came from the Lords Justices of that kingdom; who also sent a draft of such a Proclamation as they conceived best for the suppressing of the Rebellion: And whereas. ordinarily, the King never signs more then the first draft of a Proclamation, fairly engrossed in Parchment, and by it Copies are printed, and dispersed in Ireland, as in England, the Lords Justices and counsel, taking notice of the rumour spread amongst the Rebells, that they had the Kings Authority for what they did, desired that they might have 20. Proclamations sent over signed by the Kings Sign manual; to the end, that besides the Printed Copies which they would disperse according to custom, they might be able to sand an original, with the Kings hand to it, to those considerable persons, whom they might suspect to be misled by that false rumour; and who when they saw the Kings very hand, would be without excuse, if they persisted; Whereupon the King signed double the number; and for expedition of the service, commanded them to be printed, as is well known to some Lords now sitting in Parliament, and then sitting with his Majesty in counsel. Concerning the Letters written to the Lord Muskery from Court. We find not how it reflects upon his Majesty; but that rather it is to be referred to the insufficiencies and uncertainties in your Declaration. And concerning the Kings Letter to the Marq. of Ormond, for giving particular thanks to Muskery and Plunket, we find it to be; for the professions of their endeavours to bring their Country men to moderation and obedience, at that time when they were at Oxford, employed by the Irish to his Majesty, during the Cessation. Of the delaying and detaining of the Earl of Leicester. We find that the King often pressed you that he might be dispatched, and sent away to Ireland; and that in his Answer to your Petition of the 28. Exact Col. p. 144 Ap. 1642. it is one of the reasons of his resolution to go in person into Ireland, because the Lord lieutenant did not repair to his command there; Nor came he to his Majesty at York, till three moneths after; and when he had received his Majesties instructions there, and took his leave, with profession to go to Chester; he went not according to promise, but returned to the two Houses at London. Two months after you commanded him to Chester; where he stayed 3. weekes in Expectation of Ships to transport him; and his Majesty hearing that he had neither Provision of Money, nor any force to be sent with him, out his own retinue,( the Regiments of Foot and troops of horse which had been raised for that service, having been employed against his Majesty at Edg-Hill; and being still kept as a part of the earl of Essex his Army) considering that the Protestants there would have been much disheartened, and the Rebells equally encouraged, if the Lord lieutenant had arrived in so private a manner, therefore his Majesty sent for him to Oxford, till he could rcceive better satisfaction from the two Houses concerning the preparations for that Kingdom. Concerning the Commission for the Lord brook and the Lord Wharton. We find that the Commission desired was to have been Independent upon his Majesties lieutenant of that kingdom; and therefore his Majesty refused it. Concerning Papists and others passed by the Kings special Warrant into Ireland name by you, We find, that Mr. Pym, at a Conference with the Lords, about the beginning of Feb. E●act Col. p. 69, 71. 117, 118. 1641. declared, that after the Ports were shut by both Houses of Parliament, divers Papists passed from hence by his Majesties especial Warrant, and headed the Rebells in Ireland: whereof his Majesty having notice, required him, and you again and again, to name any one person so passed by his Majesty, and now in the head of the Rebells; and you have not name any one to this day: and so we must refer this to the uncertainties and unsufficiencies in your Declaration, as also what follows concerning the Commanders and Officers called off from their trust against the Rebells; and the supplies which the Rebells had by the E. of Antrim, L. Aboine, and others from the Queen. And lastly concerning the pieces of battery from hence desired by the counsel of Ireland; of all which no evidence or instance hath been offered unto us; save only that the King commanded the two Ships under Capt. Kettleby, & Capt. straddling, to attend him at Newcastle, having before given you notice thereof, to take care for the guarding of that cost; all other his Majesties Ships, besides those two, being at that time at your disposal. But we cannot but remember, how the earl of leaven sent general of the Scots into Ireland against the Rebells, was called from thence to led an Army into England against his Majesty. And how many Officers, both Scots, and English, left the service in Ireland, and were employed by you here in England, being necessitated thereto, for the recovery of their arrears, which they could not obtain otherwise; as Sir Richard Greenvile, &c. Concerning the Gloathes seized by his Majesties Souldiers. We find that it was done about Coventry, when that City stood out against his Majesty; and we conceive you should have sent for a safe conduct for passing them through his Majesties Quarters. Also we find that when his Majesty had taken Chester, he sent over into Ireland; 3000. suits of clothes; provided by you for that service; although his own souldiers were in great want of them. And now let all the world judge, how much reason you had to believe the Rebells when they did so often swear they did nothing without good Authority and Commission from the King, &c. The information given to the Arch-Bishop of a design amongst the Papists, for a general Massacre of all the Protestants, we conceive to be no objection against the King, nor can we account otherwise of it, then as one of the uncertainties and unsufficiencies of your Declaration. Concerning the Kings Letter to the Pope when he was in Spain. As we know that his Majesty was sent into Spain by the Command of his Father, to conclude a Marriage with a daughter of that Crown, so we find in the transaction of that business, that the King of Spain sent a Letter to the Pope for a dispensation; and thereupon the Pope writ a Letter to the Prince, which his Highnesse answered. And we desire to know, whether you have a Copy of the very Letter sent to the Pope; for we are informed, some having prepared and brought a draft of a Letter to his Highnesse, he perused it, and struck out such passages as reflected upon our Religion; and with that alteration caused it to be sent to the Pope: But that you follow a Copy of the first draft, as we find it in the French Mercury. The Kings Letter to the Pope, in behalf of the Duke of Loraigne and his Agent at Rome, are of your uncertainties &c. And so is the Confession of the Queen Mothers servant, and whatsoever else followeth in that Paragrave; besides that it no ways reflecteth upon his Majesty. Concerning the unusual preparation of Ammunition and arms, with new Guards within and about Whitehall, when the King came from Scotland, &c. We find that upon his Majesties return from Scotland you gave him an alarm, presenting to him a Remonstrance of the State of the kingdom, laying before him( to use his Majesties own words in his Declaration of the 12. Exact Col. p. 528 Aug.) and publishing to the world, all the mistakes and all the misfortunes, which happened since his first coming to the Crown, and before, to that hour; forgetting the blessed condition all his Subjects had enjoyed in the benefit of plenty and peace under his Majesty, Exact Col. p. 533. to the envy of christendom. We find also in the same Declaration, that after the King came to Whitehall, great multitudes of mutinous People resorted daily to Westminster, threatening and assaulting the Bishops, and misusing several Members of either House, which did not favour their designs; and proclaiming the Names of many of the peers, as evil and rotten hearted Lords. Besides they made a stand at Whitehall Gate, and said they would have no more Porters lodge, but would speak with the King when they pleased; Whereupon his Majesty provided a Guard to defend himself against the violence and insolence of those Tumults, and Ammunition and arms were brought thither for the same purpose. Fireworks in Papists houses we refer to the uncertainties of your Declaration; as we do also what follows concerning the Guards, Canoneeres, granades &c. in the Tower. Sir W. Balfore, we find, was removed, not without his own consent, and upon an ample Compensation in Money. And concerning the City Petitions, we conceive you framed and infused them, as you had done the like, to our knowledge, in the Countries. Concerning the charge of Treason against some of both Houses, and the Kings coming so attended to the House of Commons. Exact Col. p. 535 We find it a maxim in Law, that in case of Treason, Felony, and breach of the Peace, there is no privilege of Parliament; so the Members may be prosecuted in these cases, as if they were not Members. We find also, that the King had reason to accuse those Members of high Treason, Exact Col. p. 534 since( as he allegeth in his unanswered Declaration of the 12. of Aug.) he could make particular proof against them of a solemn Combination entred into by them, for altering the Government of the Church and State, and of their treating with foreign Power to assist them, in case they should fail in their enterprise; of the soliciting and drawing down the Tumults to Westminster, and of their bidding the People in the height of their fury to go to Whitehall. Concerning the Kings coming to the House. We find, that first the King sent his attorney to the House of Lords with a charge against the Lord Kimbolton, now earl of Manchester, as the attorney general did accuse the earl of bristol in the first year of his Majesties reign; and that he sent the Sergeant at arms to the House of Commons, to acquaint them that he did accuse and intended to prosecute their 5. Members for high Treason; and did require that their persons might be in safe custody; Whereupon you made an order and the same night published it in Print, Exact Col. p. 35. that if any person whatsoever should offer to arrest the person of any Member of that House, without first acquainting that House therewith, and receiving farther order of that House, that it shall be lawful for such Members or any person to assist them, and to stand upon his or their Guard of defence; and to make Resistance according to the Protestation taken to defend the privileges of Parliament. And hence we conceive the King was necessitated to go in person unto you for the farther prosecution of that charge; and for his attendance, we find that he took with him only his servants, and such Gentlemen as were then in the Court; And that being come to the upper end of Westminster Hall, before he went up the stairs to the House of Commons he charged all those that accompanied him ( except some few ordinary servants) not so much as to come up the stairs, nor to offer violence or injury to any person, upon pain of their lives; as Captain Bernard Ashly testified before your Committee at Grocers Hall; which testimony you have suppressed, as you did the second Examination of Col. Goring concerning the Northern Army. Nor do we see, why ( in Justice) his Majesty might not have come in a forcible manner indeed to your House, and against it, after you had protected those traitorous Members, as the Army threatened to do when you would not give up your Members whom they had accused of high Treason. And this is strange to us, that you should be so solicitous for the 5. Members, and so careless of, and injurio●s to the King, the head of the Parliament, and grant the Army what you denied the King. And your undue protection of these Members against the King, what was it but( to use your own words) the prologue to the bloody Tragedy that hath been acted amongst us. Besides in your Petition presented to his Majesty at Tibballs primo Mar. 1641. you besought kis Majesty to believe, that the dangerous and desperate design upon the House was not inserted into the preface of your Ordinance for the Militia to cast the least aspersion upon him; but therein they reflected upon the Malignant Party, &c. What you mean by the good affections of the City, we know not; but we find, Exact Col. pag. 538. ( in his Majesties Declaration of the 12. of August) that on January 11. 1641. the Trained-Bands of London guarded the accused Members from the City to the Parliament-House by Land, and that there were 100. long Boats, and Lighters laden with Sacres, Murdering Pieces, and Ammunition, which passed by White-hall, and attended by water; and that there was a design to have seized his Majesties Person( as is confessed under the hand of one who hath been very active in your service, and should have been a principal actor in it) had not His majesty removed from White-hall the day before; but what you could not then effect by tumults, you have since done by force of arms. Concerning the List of Arms and Ammunition, taken amongst His Majesties Papers. We find, that you had first seized the Kings Magazines in the Tower, and at Hull, by mayor Skippon, and by Sir John Hotham, the former besieging the Tower by Land, and by Water, the 12. of Jan. 1641. the l●tter possessing himself of Hull not many daies after; no marvel then that the King took order for arms, and Ammunition beyond the Sea. What else you say concerning the Lord Digby, cannot reflect upon the King, and must be referred to your Insufficiencies. The Commissions to the E. of Newcastle and Col leg, we find to be none other then according to Law, and that they were not granted, until his majesty was assured, that some of your leading Members had a design to procure an Order for seizing those Towns. The Vess●ll that arrived with Arms and Ammunition near Hull, was not till about six moneths after that you had put a Garrison into that town, and about three moneths after Sir John Hotham had shut the gates of it against the King. The Invasion of the King of Denmarks Dominion by the Swedes, we find, was two yeares after your seizing of Hull, and after the removing of the Magazine from Hull to London: and therefore is it one of your insufficiencies; as also what precedes, Concerning your Intelligence from the Low-Countreyes of foreign Forces from denmark, and what follows, concerning your notice of a Fleet preparing in denmark, and that one of the Lord Digbyes servants had solicited a mariner( or Pilot) to conduct it into Hull, and concerning the Letter to Secretary Nicholas from the Hague that there were coming from denmark Ships with 10000. Arms for Foot, &c. are all to be reckoned amongst your uncertainties and insufficiencies, since experience hath made it evident, that there was not the least colour for it. Concerning Cockrans Negotiation in denmark. We find from your own Declaration, that it was after you were beginning to make head against the King, and were levying Forces, or rather, when the E. of Essex was marching with his Army against His Majesty, and the principal Instruction given to him was to press that King, to assist His Majesty with Money, arms, and Ammunition,( you having seized all which belonged to his Majesty) and that the same might be sent in some ships of that crown, because all the Kings own were taken from him, Exact Col. p. 670. and lay in wait to intercept any provision that should be sent to him. And whereas in your Declaration of 22. Octob. 1642. you said, that Cockran was sent into denmark to bring Forces thence into England, His majesty in his Answer disavowes that, saying, that he had never greater cause to be confident of security in his own Subjects; and therefore he could not believe so vile a scandal could make any impression in sober men. And if he had not been confident of security in his own Subjects, why might he not move for foreign aids against the great design of extirpating the royal Blood and Monarchy of England, declared long since by M. Martin openly in your House, without any reproof at all. What is written concerning your endeavour to lay a blemish upon his Majesties mother, may happily not be known to your whole House, businesses of that nature being secretly laid and carried on by a few: but we are informed, that 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. What else you city out of Cockrans Instructions, we find to be misrepresented by you, for that his majesty mentioned the Holland Fleet only as allowed by the States to give her Majesty a Convoy into England, and concerning other his neighbour Princes and Allies, he saith, We expect and hope that they will not look upon so dangerous a precedent to their own Crowns and Monarchies, without contributing to suppress so pernicious a design, begun in this kingdom. Concerning the Queens going into Holland, and carrying over, and pawning the jewels of the crown, &c. We desire, first to know, whether those jewels were not his Majesties own, bought with his own money, or with the moneys of his Ancestors, and not with the moneys of the Crown? and whether you can produce any entail of them upon the Crown? and if so( we conceive) they were not unduly employed by the King for the defence of the Crown. Concerning what follows, we find that her Majesty took her journey into Holland, Feb. 23. and that her journey was not resolved on till the beginning of that month, but you petitioned for the Militia, Jan. 26. and Sir Arthur Haslerigg brought in a Bill to that purpose in Octob. before. We find also that mayor Skippon besieged the Tower Jan. 12.( which is to levy War against the King by the 25. Ed. 3.) so you had both petitioned for the Militia, and took up arms, before her Majesties journey into Holland. We have also seen your Reasons, of the 15. of July, presented to his Majesty, for the stay of her Majesties former journey intended beyond the Seas; and we find no mention of the jewels and Plate of the Crown in them; and we appeal to your journal Books in this point. Concerning the Kings solemn Protestations, &c. We find that you wilfully misunderstand and misrepresent them unto us. You are jealous, that the King intended to bring in foreign Forces, to invade the kingdom: Exact Col. p. 125. his Majesty protests the contrary, but intimates that he would make use of foreign force( if he shall need them) to keep himself from oppression. You charge the King that he had a design of bringing up the Northern Army against the City, Exact. Col. p. 563. and the Parliament, his Majesty protests the contrary; but denies not, he consented the Army should come up to secure his royal person and his Parliament against Tumults. May 20. 1642. you voted that the King intended to levy war against the Parliament. Exact Col. p. 357. He protesteth the contrary to the Lords at York June 15. as he has declared June. 13. that he would not engage in a War against the Parliament, Exact Col. p. 349. except it be for his own necessary defence and safety against such as do insolently invade and attempt against him, or such as shall adhere unto him: After that you had declared all those Delinquents, who had withdrawn themselves to York, and should persist to serve the King. And so his Majesty did nothing contrary to his Protestations, in protecting Berkwich, whom you had sent for as a Delinquent, for his endeavour to regain Hull to his Majesties obedience: Exact Col. p. 339. Exact Col. 〈◇〉 351. June 10. 1642. you published Propositions and orders for bringing money or plate, to raise an Army for the defence of the Parliament; Whereupon his Majesty set forth a Declaration June 16. disavowing any intention to levy War against his Parliament, unless he should be driven to it, for the security of his Person, for the defence of Religion, laws, and Liberties of the kingdom, and the just Rights and privileges of Parliament. And for those ends he excites his Subjects to bring in Money, Plate, arms, Horse, and Horsemen in the close of that Declaration. And he sends to Sir John Heydon lieutenant of the Ordnance, for Ordnance, Powder, Shot, and Ammunition, June 20. The Commission of array we find to be legal, by Sir Edward Cook Instit. par. 4. 124. a book printed by your own Order; and by Just. Huttons argument in the case of Mr. Hampden, fol. 39. 40. The Guard raised by his Majesty at York, we find to have been one Regiment of Trained Bands, commanded by their proper Col. and one Troop of Horse consisting of near one hundred, for the most part( if not all of them) of the Gentlemen of that Shire; And the occasion of those Guards we find to be this; you sent several Committees to Hull, Lincolnshire, and York, to persuade the People to approve of what Sir John Hotham had done at Hull, and to assist him if there were occasion, whereupon his Majesty raised this Guard for his own defence; least Sir John Hotham should shut him up at York, as he had before shut him out of Hull. Concerning the Kings abusing your Committee by the Guard about him, we have perused their Letters printed with your Remonstrances, and find no such complaint in them. The Posse Comitatus we find was never raised; the high Sheriff waiting daily on his Majesty. Concerning the Kings proclaiming the Parliament Traitors. Exact Col. p. 185. We find that the King proclaimed none, but such as the Law declareth guilty in the Statute of 25. E. 3. as Sir John Hotham, for shutting the Gates, of hull against him; and the earl of Essex for leading an Army against him; and he never declared the Parliament Traitors, unless in your sense; Exact Col. p. 376. that whatsoever violence should be used either against those who exercise the Militia, or against Hull, you could not but believe it as done against the Parliament. And concerning the Kings setting up his Standard, &c. We find it was not done till the 22. of Aug. at which time the earl of Essex was marching in battle arrray against him; and if this be, so is your proceeding without president; Eaact. Col. p. ●98. your design being against Monarchy itself, which is more then ever was attempted before; for though the Person of the King hath sometimes been unjustly deposed, yet the regal Power was never before this time strucken at, as his Majesty hath declared upon your nineteen Propositions presented to him June 2. Concerning the Parliament at Oxford. We find that there was neither real nor mock-Parliament set up there, but that the King by his Proclamation invited the Members of both Houses, driven away from Westminster, to attend him at Oxford, that all his good Subjects should see how willing he was to receive advice, for the Religion, laws, and safety of the kingdom, from those whom they had trusted, though he could not receive it in the place where he had appointed. We remember also that that body of Lords and Commons published a Declaration to the kingdom, at large setting forth the particular acts of Violence, by which they had been driven from Westminster, and by which the freedom of Parliament had been taken away; which you have not answered to this day. And if want of Liberty, or Felony and Treason supersede all privileges of Parliament( as we have been informed) we doubt, for all the Act of Continuation, whether you be not a mock Parliament or no: and whether you also may not be called a sorrel Parliament consisting of so many kinds of factions, as you do. And here we cannot but freely declare, what we have observed from the beginning of the Parliament. That there was in both Houses a party that intended the overthrow of the Government of Church, and State: which when they could not effect in a Parliamentary way, and by free Voting,, they raised and called down Tumults from London, to drive away those Members of both Houses that opposed them; that done, the aforesaid party remaining at Westminster, call themselves the Parliament of England, and under pretence of serving and securing the kingdom, they enter upon the Militia and take up arms, and will never lay them down, till they have wholly altered the ancient, and fundamental Government of the kingdom. And this is our opinion of your const●tu●ion and proceedings. Concerning the Cessation in Ireland; We find by the Letters of the Lords Justices, and the counsel of Ireland, to you as well as to his Majesty; That the Army was in such extreme want there, that it could no longer subsist, but must either disband or depart the kingdom; and his Majesty being not able to assist them, and you who undertook to carry on that war, wholly neglecting them( the Enemy still increasing in strength and power,) with the full advice and approbation of the Lords Justices and counsel there, and concurrence of all the chief Officers of that Army, that Cessation was made; by which only the Protestants of that kingdom and his Majesties interest there could be preserved Concerning the Peace made in Ireland. We find that the Marq. of Ormond only, had power to make Peace there, and that he refused to make it, upon those unworthy conditions, proposed by the Rebells; and concerning the earl of Glamorgan, we find that his Commission was not to make peace, but to give him credit in his Negotiations there for Souldiers. Concerning the Kings Protestations against popery, and his Letters to the Queen, and the Lord of Ormond, for taking away all penal laws against the Papists. We find by the Treaties of the Lord of Ormond with the Irish Rebells, that if his Majesty would have granted their demands in point of Religion, that whole kingdom would unanimously have declared for him, and served him, but such was his constancy to his Religion, that he would rather hazard himself and his affairs in England, then accept of assistance upon those terms from Ireland. We find also that this would have been evidenced by some other of the Kings Letters to the Queen, taken by you at Nashy; which you have purposely concealed, least they should too plainly discover the Kings detestation of that Rebellion, and his rigid firmness to the Protestant Religion. And from his Majesties avowed firmness to the Protestant Religion, it was, that the Sectaries at first joined in arms against him, and that the Popish Princes have not succoured him: yea, we are informed, that great store of Priests and jesuits are in your Army, intruding and concealing themselves under the general Liberty now practised in matters of Religion, and combined with the Sectaries against the King, as equal enemy to them both; and if God doth not prevent it, they are likely to destroy both the King, and our Religion together. We have heard, that M. Henderson lying on his death-bed, told his friends about him, if they would preserve Religion, they must preserve the King: the admonition will serve as well for England, as for Scotland. The sum of your Declaration. ANd now have we run through the several particulars of your Declaration, and we find that 1. You charge his Majesty with what you cannot take cognizance of, as his Transactions with his Scotish Subjects and after an act of Oblivion. 2. That touching the Occurrences and Transactions in England and Ireland, you charge his Majesty falsely, maliciously, illegally, unreasonably. 1. Falslly, that the King never made any proposal fit for you to receive. That he hath not kept his Coronation Oath. That he betrayed Rochell. That by his two maxims he hath laid a foundation of Tyranny. That he protected evil Counsellors. That after you had shut the Ports, he gave Passes to Papists, to go over into Ireland, who were afterward in the head of the Rebells. That by his Guard he abused your Committee at York, and protected Berwicke against the Posse Comitatus. And that he set up a mock-Parliament at Oxford, &c. yea you charge his Majesty with things rejected by him when they were proposed to him; as the bringing over the German Horse. The bringing up the Northern Army to the City, and to secure the Tower; not forgetting that you suppressed Col. Gorings second examination about that business. There are also other falsities in your Declaration: as that a storm from Denmark had fallen upon Hull and the Magazine there, had not the Sweds about that time invaded the King of Denmarks Dominions, &c. 2. Maliciously, by misrepresenting his Majesties actions. That the King sometimes denied to receive your humble Petitions, for peace. Concerning the Kings advance to Brainford. Concerning his Commission and the bloody Massacre at London. Concerning his giving the 5. Counties to the Irish Committee. Concerning the 40. Proclamations sent into Ireland. Concerning the Kings Letter to the earl of Ormond to thank Muskerie and Plunket. Concerning his Letter to the Pope. Concerning the Kings going to your House; when by the way we cannot forget your suppressing Captain Ashleys examination at Grocers Hall. Concerning Cockrans Negotiation in Denmark, concerning the Holland Fleet, concerning his Majesties Protestations against bringing over foreign Forces, against bringing up the Northern Army, and against making war against this Parliament, concerning his Commission to the E. of Glamorgan, &c. 3. Illegally, that is, for what the King did according to Law, as the charging the five Members with Treason, the Commission of Array, his proclaiming some Traytors. Also we find, that he had a Judgement in Law for the shipmoney, the Canons, Ceremonies, &c. were also according to Law. Nor can you by your own Law charge him with what he did upon the Certificate of his attorney and Solicitor in case of Monopolies, nor with what he did by the advice of the Privy council, concerning Scotland, dissolving the Parliament, and the Cessation in Ireland. 4. unreasonably. 1. With the grievances of the kingdom after they were remedied by several Acts of Parliament, as shipmoney, Monopolies, &c. 2. With what his Majesty justly had satisfied, as coat and conduct money and enclosing Commons. 3. With what was done by Courts of Justice; as the Whipping, &c. 4. With what was done by King James; as the Articles with Spain, and France. 5. With what the Queen did; as her design, if there were any. 6. With what the Irish Rebells say, calling themselves the Kings, or the queens Army, &c. 7. With what yourselves are guilty of, as the not prosecuting the Duke of Buckingham. The long intermission of Parliaments caused by your Remonstrances. The rise of the Irish Rebellion by your not suffering the Army to be transported, the delaying the Earl of Leicester, &c. 8. For refusing your unreasonable desires; concerning the Commission when he went into Scotland; And the Commissions to the Lord brook and the Lord Wharton. 9. For what the King did in Order to his necessary defence, as the Guards and preparation of arms and Ammunition at Whitehall. The List of arms and Ammunition found amongst his Majesties Papers. The vessel that arrived near Hull with arms, and Ammunition, Cockrans Negotiation in Denmark. The pawning the jewels of the Crown; his Letter to Sir John Hey●on for Ordnance, &c. His Declaration to bring in Money, Plate, &c. His Guard at York, and setting up his Standard. And from these your false, malicious, illegal and unreasonable allegations and charge, how can you conclude that his Majesty hath broken his trust with the Protestants in France, Scotland, Ireland, and this kingdom? And that he hath endeavoured to enslave us by German, Spanish, French, Lorraign, Irish, Danish, and other foreign Forces? And that he hath wholly forgotten not only his duty to the kingdom, but also the care and respect he oweth to himself, and his own family, and that you will repose no more trust in him, but settle the present Government without him. Let our strength be the Law of Justice. 2 Wisd. 11 And because you iterate, and reiterate his Majesties Breach of trust, and your resolutions thereupon, we also reiterate our faith of that point, We believe the Kings Power to be fiduciary, 2 Wisd. 2, 3. and the Kingly Office a great trust, but that he is entrusted as he is impowered by God, and only by God. S. Paul tells us( Ro. 13.) That there is no power but of God; And that the Powers that are, are ordained of God; and that the chief Magistrate) is the Minister of God; armed by God with the sword, to execute wrath upon him that doth evil. And when you can out of the holy Scriptures, show us as clear a Derivation of political Power, and trust from the People, we will assent to your opinions and submit to your resolutions. Besides when S. Paul writ this Epistle to the Romans, Nero was their Emperor; And so he that resisteth( Nero) resisteth the Ordinance of God; And they that resist shall receive to themselves damnation. Now if that bloody Tyrant and Persecutor Nero, might not be resisted, nor may any Emperour or sovereign whosoever, be invaded, imprisoned, deposed, murdered, and the way for security, prescribed to Subjects by the Apostle, is not to wrest the sword from the King, but to submit and obey him; Wilt thou not be afraid of the Power? do that which is good, and thou shalt have praise of the same, v. 3. Wherefore( whatsoever befalls us, though we live under a Nero) we must needs be subject not only for wrath, but also for conscience sake. v. 5. And we know no medium between subjection and Rebellion, 2 Chro. 9.8 so that when we cease to be Subjects, we necessary become Rebells. And in truth, when of Gods lieutenant, you would make the King only the Peoples chief Officer, your quarrel is not with the King only, and the Crown, but with God himself also, the Author of political order, Power and Government. And whilst you intend to depose the King, what do you but usurp upon God himself? For he removeth Kings, and setteth up Kings, Dan 2.21. And do you provoke God to jealousy, are ye stronger then he? 1 Cor. 10.22. And the manner whereby God promotes Kings with us is by natural Generation; and the means whereby he removeth them, is natural Death; Nor can the reign of a King of England duly be determined otherwise. We shall conclude( as you do) with a word or two concerning the Kings Family: and shall city some passages of the two Houses of Parliament, 1. Jac. 1. We do upon the knees of our hearts agnize our most constant faith, obedience, and loyalty to your majesty, and your royal Progeny, as in this high Court of Parliament, where all the whole body of the Realm, and every particular Member thereof, either in person, or by representation,( upon their own free Election) are by the laws of this realm deemed to be personally present. Again, We( being bound thereunto both by the laws of God and Man) do recognise and aclowledge, and thereby express our unspeakable joys, that immediately upon the dissolution and decease of Elizabeth, late Queen of England, the imperial crown of the Realm of England, and of all the kingdoms Dominions and Rights belonging to the same, did by inherent birthright, and lawful and undoubted succession, descend and come to your most excellent Majesty, as being lineally, justly, and lawfully next and sole heir of the Blood royal of this Kealme, and that by the goodness of God Almighty, and lawful right of descent. Lastly, And we most humbly and faithfully submit and oblige ourselves, our heires, and posterities for ever, until the last drop of our bloods be spent, and do beseech your Majesty to accept the same, as the first fruits in this high Court of Parliament of our loyalty and faith to your Majesty, and your royal Progeny and Posterity for ever. O the baseness and vileness of the English Nation, thus to protest to the Father, yet to depose the Son, and to destroy the Posterity! red the 17. Ezek. 16, 18, 19. But that is come to pass which was foretold by S. Paul, In the last dayes perilous times shall come; for men shall be lovers of their own selves, covetous, boasters, proud, blasphemers, disobedient to Parents, unthankful, unholy. Without natural affection, truce-breakers, false accusers, incontinent, fierce, despisers of those that are good, Traytors, heady, high minded, lovers of pleasure more then lovers of God. Having a form of godliness, but denying the power thereof: from such turn away, 2 Tim. 3.1. &c. Finally, Hos. 8.2.10.2. whereas you intend to settle the present Government without more ado, we shall rather harken to Solomons admonition, then comply with your resolutions, My Son fear thou the Lord, and the King, and, meddle not with them that are given to change; for their calamities shall rise suddenly, and who knoweth the ruin of them both? Prov. 24.21, 22. FINIS.