fit to give or no. Are we come to an end of our Countries Liberties Are we secured for time future We are accountable to a Publick Trust and since there hath been a Publick Violation of the Laws by the King's Ministers nothing will satisfie but a Publick Amends and our desire to vindicate the Subject's Right is no more than what is laid down in former Laws Let us be sure that the Subject's Liberties go hand in hand with the supply and not to pass the one till we have good Ground and a Bill for the other Upon the Petition of Right which the House of Lords would have had this addition to ' We present this our Humble Petition to your Majesty with the care not only of preserving our own Liberties but with due regard to leave intire that Sovereign Power wherewith your Majesty is trusted for the Protection Safety and Happiness of the People Sir Tho. Wentworth spake thus ' If we admit of this Addition we shall leave the Subjects worse than we found them and we shall have little thanks for our labour when we come home Let us leave all Power to his Majesty to punish Malefactors but these Laws are not acquainted with Soveraign Power VVe desire no new thing nor do we offer to intrench on his Majesties Prerogative but we may not recede from this Petition either in part or in whole The King hearing of his ability and understanding used all means to gain him to himself by bestowing of Titles of Honour and Places of Trust upon him Creating him Viscount VVentworth Earl of Strafford and Lord Lieutenant of Ireland whereby he made him wholly his own In Ireland he was very active in augmenting the King's Revenues and advancing the Royal Authority by all ways within his Power And upon his return into England he advised the King to go into Scotland and settle the Peace of that Kingdom by his Coronation there he having intelligence that if it were defer'd any longer the Scots might perhaps incline to Elect another King Upon the troubles that rose soon after there on the account of imposing the Common Prayer upon them and the King resolving to raise an Army to reduce them but doubting the Parliament would not supply him the Lords told the King that they would ingage their own Credits to forward the business and the Earl of Strafford for the incouragement subscribed 20000 l. other Noblemen following his example conformable to their Estates and some of the Judges contributed largely April 13. 1639 a Parliament being assembled the Earl of Strafford was led into the House of Peers by two Noblemen to give an account of his proceedings in Ireland having there obrained the Grant of four Subsides for maintaing 10000 Foot and 1500 Horse Implicitely hinting thereby that they should propostion their Supplies accordingly But the Parliament doubting that the Irish Forces might indanger Religion and seeming to allow the justness of the Scots Cause and of the good that might be obtained by favouring them in this Conjuncture the King doubting they might vote against the War with the Scots whom he resolved to Treat severely for not complying with his Will and Pleasure he thereupon suddenly Dissolves them to the great discontent of the People who for eleven years past durst scarce mention the name of a Parliament Being hereby disappointed of a supply the King sends to the Citizens of London to lend Money and to all Knights and Gentlemen who held Lands of the Crown to provide Men Horses and Arms for his Assistance The Citizens generally refused pleading poverty and want of Trade but by the assistance of the Gentry an Army was raised with great celerity of which the Earl of Strafford was made Lieutenant General and the King commanded in Chief The Scots having notice of these preparations speedily raised an Army with which they marched into England to make this the Seat of War The Lord Conway doubting they would take in Newcastle drew off 3000 Foot and about 1200 Horse to secure the Pass at Newburn Lesly the Scots General marching forward sent a Trumpeter to the Lord Conway to desire leave to pass to the King with their Petition which being denied they fell upon the English and kill'd 300 of them Which being accounted an unhappy Omen several of the Lords Petitioned the King for a Parliament which was seconded by another from the Scots and a third from the City of London At length the King consented to it having first by advice of the Peers consented to a Treaty with the Scots at Rippon they refusing to send their Commissioners to York alledging That the Lieutenant of Ireland resided there who proclaimed them Rebels in Ireland before the King had done it in England and against whom as a chief Incendiary they intended to complain in the next Parliament For the Parliament meeting Nov. 3. 1640. the Scotch Commissioners coming to London had many private Conferences with some of the House of Commons and it was concluded that the Earl of Strafford should be immediately Impeached at his first coming into the House of Lords which was done accordingly and thereupon he was instantly taken into Custody and in March following he was brought to his Trial in Westminster Hall The King Queen and Prince were present in a private Closet where they could here all but were seen of none And then Mr. Pym Impeached the Earl of twenty eight Articles of High Treason in the name of the Commons of England sharging him That he had Trayterously endeavoured to subvert the fundamental Laws and Government of England and Ireland and to introduce an Arbitrary Tyrannical Government by Trayterously assuming to himself Regal Power over the Laws Liberties Persons Lands and Goods of his Majesties Subjects Had countenanced and encouraged Papists Had maliciously endeavoured to stir up enmity and hostility between the Subjects of England and Scotland Had wilfully betrayed the King's Subjects to death by a dishonourable retreat at Newburn that by the effusion of blood and the dishonour and loss of New-Castle the People of England might be ingaged in a National and Irreconcileable quarrel with the Scots And that to secure himself from being questioned for these and other Trayterous Courses he had laboured to subvert the Rights of Parliament and to incense his Majesty against them by false and malicious slanders and that upon the Dissolution of the last Parliament he did treacherously and wickedly counsel and advise His Majesty to this effect That having tryed the affections of his People he was loose and absolved from all rules of Government and was to do every thing that power would admit Since having tried all ways he was refused so that he would now be acquitted both by God and Man And that he had an Army in Ireland meaning the Army of Papists who were his Dependants which the King might imploy to reduce this Kingdom to his obedience That he falsly maliciously and treacherously declared before some of the
to the Seaside near Portsmouth where happily meeting with a Ship bound for France he passed over thither and lived in the French Court several years His Uncle Roger was detained in a loathsome Prison five years after and at length died and was Buried at Bristol King Edward was so inraged at his escape that he turned Sir Stephen Seagrave out of his place of Constable of the Tower and several Citizens were seized and accused of being accessary to his getting away and of corresponding with and maintaining him beyond Sea but there note being sufficient proof against them they were all acquitted Mortimer continued in France till Queen Isabel and the Prince arrived there to avoid the insults of the two insolent Spencers He after attended the Queen into Germany and came over with her and the rest of the English Lords accompanied with the Earl of Heynault and several German and English Forces And upon King Edward's Flight and afterward his Seizing and Imprisonment Mortimer presumed to manage all affairs according to his own pleasure and therefore the death of the Spencers Reading and some others not satisfying his revenge being high in the Queens favour who could not deny him the Heads of a few of his Enemies he procured that the Earl of Arundel and two Gentlemen more named John Daniel and Thomas Mochelden against whom he had a particular aversion should be Beheaded at Hereford After this the Queen her Son and the beloved Mortimer went to Wallingford Castle where they kept their Christmass with all manner of jollity From thence they proceeded to London where the Queen and Prince were received with much Joy and many rich Presents and a Parliament being called it was concluded that King Edward should be Deposed and his Son advanced to the Throne In the management whereof Mortimer discovered very much zeal activity and diligence as hoping thereby to become Chief Minister of State as well as principal Favourite of the Queen King Edward was Deposed accordingly and confined to Kennelworth Castle the Queen Roger Mortimer and Torlton Bishop of Hereford having concluded to allow him an hundred Marks a month for his necessary Expences And now it was hoped that the Kingdom having suffered so many Concussions and Miseries for several years would have been settled and restored to its former peace and tranquility But it soon appeared that though the Nation had changed its Master yet other evil Instruments succeeded to trouble and disquiet the already harassed People So that one Historian writes thus The beginning of the Reign of King Edward III. was very troublesome for he by reason of his tender Age being but fifteen years old when he came to the Crown was drawn aside by evil Counsel and committed many foul errors of State and Government The chief occasion of which were the Queen her Darling Roger Mortimer and some others For first they procured so great a part of the Revenue of the Nation to be settled for maintaining the Queen and her Family that the young King had scarce a third part of it for himself and his necessary Attendants and Officers So that she and her Favourite Mortimer lived in the greatest State and Grandeur imaginable and the People began to exclaim against him and say publickly That the great zeal and hatred he had shewed against the Rapines of the Spencers was not because they had been oppressive to the Subject but that he was desirous no Body should abuse them but himself Secondly The Queen and he having intelligence that several Great Persons and the whole Order of Friers Preachers taking pity of the late King's Captivity seemed to Consult for his deliverance and knowing that his Restoration would be their confusion they wickedly plotted and contrived to add Murther to their former Impieties and therefore Roger Mortimer was sent with that ambiguous Order to his Keepers devised by Torlton Bishop of Hereford Edwardum occidere nolite tinere bonum est To shed King Edward's Blood Refuse to fear I count it good Where by leaving out the stops they sufficiently incouraged the Murtherers and yet afterward produced the Writing under Queen Isabels Seal for their own Justification when the horrid Fact was committed Though this was very far from clearing them from the guilt of it in the opinion of the Vulgar whose Tongues spare none and who had before heard that though the Queen in her outward deportment pretended much grief and sorrow for the Imprisonment of the King her Husband yet instead of visiting him in his distress which he often desired as still retaining a very great love for her She only sent him fine Clothes and kind Letters but contrary to the Laws of God and Man refrained from rendring him any Nuptial Duties which they plainly reported she bestowed freely enough upon her bloody Adulterer Mortimer Pretending in the mean time that Reasons of State would not allow her to converse with him And soon after this desolate Prince was by an express order from the Young King wholly procured by them removed from Kennelworth to Corf Castle and there miserably deprived of his life Thirdly In the second year of the young King's Reign Robert Bruce King of Scotland denounced War against him and his Kingdom which occasioned the raising of a strong Army consisting of above fifty thousand men with which the King accompanied by the Queen Mother Roger Mortimer the Lord of Heynault John Lord Beumont and many others of the Nobility and Gentry marched toward the Scots who had Invaded England And had so happily incompast them in the Wood of Wiridale and Stanhope Park that the English seemed fully assured of Victory Yet by the Treachery of Roger Mortimer they were not only suffered to make a total escape without any loss but Sir James Dowglass in the dead of the Night with 200 Light-Horse assaulted the King 's own Pavilion and had certainly killed him had not one of his Chaplains a Valiant Man sacrificed his own life in defence of his Soveraign's Dowglass after this bold attempt escaped back without damage but not without honour for his daring Courage this misfortune was afterward charged upon Mortlmer as designing by the death of the King to Usurp the Crown The Scots left their Camp entire behind them wherein the English found 500 Oxen and Cows ready killed a Thousand Spits full of Roast-Meat 500 Caldrons made of Cow-hides new with the Hair on full of Flesh Boyling over Fires And Ten thousand pair of Shoes made of raw Hides with the Hair outward All which became a welcome booty to the hungry English Souldiers Fourthly After this dishonourable retreat of the King who was extreamly grieved to return so ingloriously notwithstanding the expence of a vast Treasure and the imminent danger of his own Person and just before the death of King Robert who died of the Leprosie being accounted one of the most Valiant Warriors of that Age as having redeemed his Country from Slavery and by whose loss it appeared of
how much value the Courage and Conduct of a Prince is yet before he died by the contrivance of the Queen Mother Roger Mortimer and their Adherents such a dishonourable Peace is made with the Scots as exceedingly displeased the whole Kingdom and in the end proved fatal to the principal actor Mortimer For at this Treaty the King then in his Minority Sealed Charters to the Scots at Northampton contrived by the Queen her Favourite and Sir James Dowglas without the knowledge or consent of the Peers of England whereby that famous Charter called Ragmans Roll was surrendred to them with several Jewels and among them one of an extraordinary value called the Black Cross of Scotland all which were taken from the Scots by the Victorious King Edward I. The Scots Kings were likewise freed and discharged for ever from doing homage and fealty to the Kings of England or from acknowledging them to have any Right or Superiority over that Kingdom And that all Englishmen should forfeit their Lands in Scotland unless they went and resided there and swore Allegiance to that King Moreover under pretence of making reparation for damages King Robert was obliged to pay the King of England Thirty Thousand Marks Sterling which Money was given to Mortimer as a reward for his procuring this destructive and mischievous Treaty And to conclude all David Bruce Prince of Scotland a Child of Seven or Eight Years Old and Heir to K. Robert Married Jane Sister to K. Edward at Berwick whom the Scots in derision both of the Peace and Marriage scornfully nicknamed Jane Make Peace Lastly The Queen and Mortimer being sensible that some of the Principal Nobility disliked their proceedings and hindred their absolute Government they resolved to contrive some means for removing them out of the way and among others Edward Earl of Kent the King's Unckle To effect this it is said Mortimer caused a report to be spread abroad that K. Edward II. was still alive at Corf-Castle but not to be seen in the day time and to countenance the deceit for many Nights together there were Lights set up in all the Windows of the Castle and an appearance made of Masquing Dancing and other Royal Solemnities as if for the King's diversion This being observed by the Countrey People they confirmed the rumour of the late King 's being there which was soon dispersed throughout England The Earl of Kent hearing the news sent a Preaching Frier to the Castle to find out the truth of it who by giving Money to the Porter was admitted into the Castle lying very privately in his Lodg all day at night the Porter causing him to put off his own Priestly Robes and put on his the Frier was brought into the Hall where he saw as he imagined King Edward II. sitting in Royal Majesty at supper The Frier returning to the Earl assured him of the reality of what he had seen whereupon the Earl being discontented swore that he would endeavour by all ways possible to deliver his Brother out of Prison and restore him to his Throne To which purpose he ingaged several other Noblemen in the design with the Provincial of the White and Carmelite Friers the Bishop of London and others This Conspiracy being discovered though it were only a Lye and fancy the Frier being imposed upon only by a King made of Clouts Yet the Earl of Kent by his words and some Letters that were found about him was condemned as a Traytor for conspiring to set a dead Man at liberty But so generally was this Noble Lord beloved and honoured that he stood upon a Scaffold at the Castle-Gates at Winchester from Noon till five a Clock at Night for want of an Executioner none being to be found that would behead him till at length Mortimer sent for a poor wretched Fellow out of the Jayl who with much ado and many blows hack'd his Head from his Body The Malice and Ambition of Mortimer and his Associates in making so little conscience of shedding Royal Blood with the many other Male-administrations aforementioned raised inveterate discontents throughout the Kingdom against the Insolent Authors of them But in the mean time they who resolved to support their Grandeur in despight of Peers and People summoned a Parliament at Nottingham where Roger Mortimer appeared in the utmost splendor and glory being Created Earl of March and having greater attendance and stronger Guards than the King himself whom he would suffer to rise up to him and with whom he walked as his Companion yea went before him with his Officers He likewise very scornfully and insolently rebuked Henry Earl of Lancaster the King's Cousin that without his leave he had taken up Lodgings in the Town so near the Queen and obliged him with the Earl of Hereford and Effex to remove their Lodgings a Mile from Nottingham This notorious affront caused great murmuring among the Noblemen who said publickly That Roger Mortimer the Queens Gallant and the Kings's Master sought by all means possible to destroy all the Royal Blood thereby to Usurp the Crown and Government which some of the King's Friends being mightily concerned at endeavoured to make him sensible of his danger swearing that if he would espouse their Cause they would faithfully assist him and secure his Person The Young King began already to put on serious thoughts and acted the Man much beyond his years so that the Lords soon prevailed upon him to join with them in asserting his own Authority which he himself saw so much lessened by Mortimer's 〈◊〉 grown Power He was likewise informed that 〈◊〉 was commonly reported the Queen was with Child by Mortimer to the great dishonour both of his Mother and himself and to the grief of all his Loyal Subjects Hereupon he resolutely ingaged with the Peers to bring this Miscreant and his Abettors to punishment In order to which Robert Holland who had been long Governour of Nottingham-Castle and knew all the secret passages and conveyances therein was taken into the design Now there was in the Castle a private Passage cut through the Rock upon which it is built which was divided into two ways one opening toward the River of Trent which runs under it and the other went a great deal farther under the adjoining Meadows and was after called Mortimer's Hole The King lying one Night without the Castle was conducted by Torch-light through this Passage himself and his Valiant Attendants being all well Armed and their Swords drawn till he came to the door of the Queens Bed-Chamber which the secure and careless Lords had left wide open Some of the foremost entred the Room desiring the King to retire a little that the Queen might not see him and slew Sir Hugh Turpington who opposed them from whom they went towards the Queen Mother with whom they found Mortimer both just ready to go into Bed and seizing him they led him out into the Hall whom the Queen followed crying out Bel silz bel filz ayes pitie
Privy Council That the Parliament of England had forsaken the King and that in denying to supply him they had given him the advantage to supply himself by such ways as he should think fit and that he was not to suffer himself to be mastred by the frowardness of the People That he was very rigorous in levying the illegal Imposition of Shipmoney and Imprisoned divers Persons for not levying the same And a Great Loan of an hundred thousand pound being demanded of the City and some refusing to lend the Lord Mayoâ— and Aldermen were required to return their names which they with humility refusing to do the Earl said That they deserved to be put to fine and ransom and to be made examples and laid by the heels and that it would never be well till some of the Aldermen were hanged up That by wicked Counsel he had brought on the King excessive charges and then advised him to approve of two dangerous Projects To seize the Money in the Mint and to imbase his own Coin with a mixture of Brass That he had declared that Ireland was a conquered Nation and that the King might do with them what he pleased and speaking of the Charters of former Kings of England he said They were nothing worth and that he would neither have Law nor Lawyers question or dispute any of his Orders and that he would make all Ireland know that so long as he had the Government there any Act of State there made should be as binding to the Subject as an Act of Parliament That he did not only Tyrannize over the Bodies but over the Consciences of Men by forming and imposing a new and unusual Oath which because some Scots refused to take he fined and banished great numbers and called all that Nation Rebels and Traytors and said if ever he returned home from England he would root them out both stock and branch These and a multitude of other crimes he was charged to have committed both in Ireland and England Many of which he confest to be true but not with their aggravations Some he denied and others he extenuated and pleaded that though the whole were proved against him yet it did not amount to Treason Some of the Lords and Commons were of the same opinion Others urged That though he were not guilty of any of the Offences declared to be Treason by the 25 of Edward III. yet so great were his crimes that according to that Statute which impowers the Parliament to declare what is Treason they ought to be declared Treason At length it was concluded to proceed against him by way of Attainder which was much opposed likewise it being alleaged That no man could be convict of Treason but by the Letter of the Statute and the Lord Digby a Member of the House of Commons and an earnest Prosecutor of the Earl spake thus of it ' Mr. Speaker I am still of the same opinion and affections to the Earl Strafford I confidently believe him the most dangerous Minister and the most insupportable to free Subjects that can be found I believe his pâ—actices as high and as Tyrannical as any Subject ever ventured on and the malignity of them highly aggravated by those rare abilities of his whereof God hath given him the use but the Devil the application I believe him still the grand Apostate to the Common Wealth who must not expect to be pardoned in this World till he be dispatcht to the other I do not say but his Crimes may represent him a man as worthy to dye and perhaps worthier than many a Traytor and may justly direct us to enact that they shall be Treason for the future but God keep me from giving Judgment of Death on any man and to ruin his Posterity upon a Law made after the Crime is committed And by any Law yet made I do not believe he is guilty of Treason However the Bill of Attainder passed in the House of Commons and Mr. Sir John's endeavoured to satisfie the Lords in the reasonableness thereof to induce them to Pass it For said he though the proofs at the Trial were insufficient and nothing but Legal Evidence can prevail in Judicature yet by this way both Lords and Commons might proceed by the light of their own Consciences although no evidence were given at all And after many Aggravations of the Earl's Offences in subverting our Laws as he affirmed he concluded thus ' He that would not have had others have any Law should have none himself It is true we give Law to Hares and d ee because they be Beasts of Chase It was never accounted cruelty or foul play to knock Foxes or Wolves on the Head as they can be found because these be Beast of Prey The Warrenner sets Traps for Powl-cats and other Vermine for preservation of the Warren The Lords after this Speech shewing a greater propensity toward the Earl's condemnation than before the King having an account of it came next day to the House of Peers and sending for the House of Commons told them ' That Judgment being ready to pass on the Earl of Strafford he thought it necessary to declare his Conscience therein they being sensible that he had been present at the hearing this great Cause from one end to the other and yet that in his Conscience he could not condemn him of High Treason assuring them That he never intended to bring an Irish Army into England nor was ever advised by any body so to do That there was never any debate before him of the disloyalty of his English Subjects nor had he ever any suspicion of them That he was never Counselled by any to after all or any of the Laws of England since if any durst have been so impudent he should have made them examples to Posterity That he would be rightly understood for though in Conscience he could not condemn him of High Treason yet he could not clear him of such Misdemeanors as he did not think him fit to serve him or the Commonwealth hereafter in any Place or Trust no not so much as a Constable and therefore he hoped they would find out a way to satisfie Justice and their own fears and not oppress his Conscience since neither fear nor any other respect whatsoever should ever make him act against it This Speech relisht so ill with the two Houses that few of them attended next day being Sunday May 2. on the solemnity of the King 's Eldest Daughter Mary being Married to the Prince of Orange On Monday five or six thousand Apprentices and other tumultuous Citizens came down to Westminster to demand justice against the Earl of Strafford and Petitions subscribed with thousands of hands were presented to both Houses about redressing Grievances Soon after the Lords passed the Bill of Artainder but the King seemed very averse to Pass it and consulted both with Lawyers and Divines of the Lawfulness thereof The Bishop of Lincoln urged That the opinion