to allow him the benefit of a free and general Pardon granted by King James in Parliament in the 21st Year of his Reign and likewise that of the Coronation Presently after the Commons drew up another Declaration of Grievances against the Duke whom they resolved utterly to overthrow though contrary to the Inclination of the King who being thereat incensed dissolved the Parliament the very next day June 15. 1626. and committed the Earl of Bristol to the Tower Publishing a Proclamation for burning all Copies of the said Declaration After which the King Published a Declaration shewing the Grounds and Reasons of his Dissolving this and the former Parliament Then several ways were Resolved on for advancing the Kings Revenue and special care was taken by the Councel for the levying of Customs and Imposts upon all Merchandizes Imported and Exported as being intended to have been settled by the Two last Parliaments but prevented by their sudden Dissolution The Forfeitures of Papists likewise which had been misimployed were now taken into a more strict Account Privy Seals also were issued out and Benevolence proposed and at length a Commission for a General Loan was resolved upon as the most convenient Method since the present state of Affairs admitted not of the way of a Parliament and private Instructions were given to the Commissioners how to manage the business which upon their Faith and Allegiance they were commanded to keep Secret and not to disclose to any About this time some Souldiers returned from Cadiz and were Quattered in the Countreys and Money was raised for them which made this Loan the more unwelcome and Sir Randolph Crew for not appearing vigorous in promoting the Loan was displaced from being L. Chief Justice and Sir Nich. Hyde advanced in his place the Bishop of Lincoln was likewise informed against in the Star Chamber by Sir John Lamb and Dr. Sybthorp for speaking against the Loan and seeming to favour the Puritans and Nonconformists Not long before which Bishop Laud hearing that the Bishop of Lincoln endeavoured to ingratiate himself with the D. of Buckingham Dreamed That the Bishop came to him with Iron Chains but returned free from them that he leaped upon a Horse departed and he could not overtake him which was afterwards interpreted concerning the Bishop of Lincolns taking Arms for the Parliament in Wales and his being at liberty when Bishop Laud was imprisoned in the Tower There were several Occasions at this time which required considerable Supplies of Money for besides that of the Palatinate there was great probability of a War with France upon this Occasion the French King Lewis the 13. had borrowed of his Brother in Law the King of England a Man of War called the Vauntguard and six other Merchants Ships in pursuance of a Design against Italy but with this express Condition that they should not be imployed against the Protestants at Rochel there having been an Agreement lately made between them and their King by the Mediation of the English Ambassadors But Mounsieur Soulize who was for the Protestants taking the Advantage of the French Armies going into Italy suddenly broke that Agreement for getting some small Ships together he Surprized the Isle of Rhe and some Ships in the Harbour at which the French King being offended turns his whole Design from Italy to Rochel and with the Seven English Ships under Admiral Pennington Twenty Dutch Ships and the French Navy he furiously falls upon Soulize forceth him from his Fastness and chaseth him to the Isle of Oleron The King of England was much concerned at this Action of the French King as a breach of his Royal Word and demanded Satisfaction which the French King deferring to give the King Seized a Rich French Ship and the French King Arrested the Goods of the English Merchants in France to the value of Three Hundred Thousand Pounds but at length all was Reconciled and Restored on both sides Thus all seemed quiet at present till the Insolent deportment of the Queens Priests and Confessor made another Rupture who Imposed upon her to go bare-foot to Spin to wait upon her Servants at their Dinners nay to walk on Foot on a Rainy Morning from Somerset-House to St. Jameses and from thence as far as Tybourn Gallows to offer up her Prayers for the Souls of some Jesuits whom they stiled Martyrs who were formerly Executed there her Confessor himself Riding by her in a Coach These and several other Arrogancies being justly charged upon the Queens French Domestick Servants they were paid off discharged and sent home Upon which the French Arrested the Ships of the English Wine Merchants at Blay Castle which was so ill Resented by his Majesty of Great Britain that he resolved upon a Breach with France But about the same time the English Fleet under the L. Willoughby which were sent to the Aid of the Rochellers were so scattered by a Storm that they could scarce get into safe Harbour The Assessment of the Loan was generally opposed whereupon the People of the lower Rank were ordered to appear in the Military Yard near St. Martins in the Fields before the Lieutenant of the Tower to be Listed for Souldiers it being thought fit that those who refused to assist with their Purses in Common Defence should be forced to serve in their Persons others of better Quality were bound to appear at the Council Table several of whom were committed Prisoners to the Fleet Marshalsea Gatehouse and other Prisons and among them Sir John Eliot who Petitioned his Majesty and repeated many Presidents That all manner of Aids and Taxes informer Kings Reigns were never levied but by the general Consent of the Nobility and Commons Assembled in Parliament However he was committed Prisoner to the Gatehouse and upon the same Account Sir Peter Hayman was commanded to Serve his Majesty in the Palatinate which after he had settled his Estate he did acordingly Doctor Sybthorp and Dr. Maynwaring two Eminent Preachers at Court about this time preached up the Necessity and Duty of the Loan one of them Asserting That the Prince hath Power to Direct his Councel and make Laws and that Subjects if they cannot Exhibit Active Obedience in Case the thing commanded should be against the Law of God or Nature or more Impossible yet nevertheless they ought to yield Passive Obedience and in all other Cases they were bound to Active Obedience The other Affirmed That the Kings Royal Command in Imposing of Loans and Taxes though without common consent in Parliament did Oblige the Subjects Conscience upon Pain of Eternal Damnation Which Positions being entertained by the Court with Applause the Sermon of Dr. Sybthorp call'd Apostolick Obedience was Licensed and Approved of by Dr. Laud B. of London and an express Command was sent from the King to Archbishop Abbot to License it which he refused whereupon having been under some disfavour before this Increased it and he was suspended from his Archiepiscopal See and a Commission was
granted to Five Bishops to Execute his Office After which the Bishop Published a Narrative of the Cause and Manner of his Suspension Five of those Gentlemen who were Imprisoned about the Loan had their Habeas Corpus granted and were brought to their Tryal before Sir Nicholas Hyde Lord Chief Justice where after arguing the Case between Council on both sides the L. Chief Justice concluded That since they were Committed by the Kings Authority the Court could not Free them so that they were remanded to Prison till the Order came out for a General Release The Irish Papists in hope of some Remission of the Penal Laws offered to Furnish the King at their own Charge with a standing Army of 5000 Foot and 500 Horse and a large Contribution for securing the Narrow Seas which was opposed in England by Sir John Savil and in Ireland by the Lord Primate of Armagh and divers others as tending to preserve the Papists Interests and sinking the Protestants upon which the L. Deputy moved the Primate to endeavour to prevail with the Protestants to supply the Kings Necessities which he attempted to do in a very learned Speech though not with the expected Success In 1627 being the Third Year of his Majesties Reign the Duke of Buckingham to clear his Reputation as to the Charge of Negligence in his Admiralship with much ado compleated his Naval Forces consisting of Six Thousand Horse and Foot in Ten Ships Royal and Ninety Merchant Men with which he set Sail from Portsmouth June 27 and published a Manifesto of the Kings Affection to the Reformed Churches in France and his displeasure against the last misimploying of his Ships against the Rochellers But by several Accidents this great Design miscarried with the Death of near Two Thousand common Souldiers Thirty Prisoners of Note and Fourty four Colours taken But notwithstanding this Expedition of the Isle of Rhe miscarried yet at Sea there was somewhat better Success a great French Ship was taken upon the Coasts of Holland Laden with great Guns Arms and Ammunition of all sorts to a very considerable value Sir John Pennington likewise took Thirty Four Rich French Merchantmen homeward bound which were all safely brought to England the poor remains of the Army which came from the Isle of Rhe most of them Irish and Scots and consequently rude and boisterous were quartered in the Countrey Villages which was very troublesome to the People At this time the Exchequer was very low and several late Enterprizes having miscarried the Rochellers being also now more distressed than ever the causes of these evils were gravely represented by Sir Robert Cotton to several Lords of the Councill whereupon it was resolved on by the Council that a Parliament should be called and Writs were presently Issued out A Commission likewise passed under the Great Seal for raising Moneys through the Kingdome in Nature of an Excise and the Lord Treasurer was ordered to pay Thirty Thousand Pound to Philip Burmelack a Dutch Merchant to be returned to Sir William Balfour and John Dalbier in the Low Countreys for raising a Thousand Horse which caused strange jealousies and suspicions among the People as if these German Horse were designed to inforce the payment of the Excise There was some discourse about Levying Ship money but it was declined at that time because of the Parliament approaching In the mean time a company of Jesuites were apprehended in an House at Clerkenwell which was designed for a Colledge of that Order where among other Papers a Letter was found discovering their secret Designs they had laid for imbroiling Church and State Upon the 17th of March 1627 the Parliament Assembled the Commons chusing Sin John Finch Speaker the King in a Speech tells the two Houses That the greatness of the danger was such as required a speedy Supply and that therefore they might rest assured it was the principal cause of their Meeting wherein he hoped they would shew themselves such true Patriots of the true Religion the Laws and Liberties of this State and the just defence of their Friends and Allies now in such hazard by Popish Enemies as not to deceive his Expectations which were very great though indeed somewhat nipt by Remembrance of the Distractions of the last Meeting The Lord Keeper likewise Inforc'd the Kings Speech and earnestly pressed them to consider of some speedy way for Supplying his Majesties Necessities Before the Parliament began any debate a Letter came to them Directed To the Members of the House of Commons called A Speech without Doors discovering the Grievances and Inconveniences of the State from one who had been a Member of the former Parliament The first thing taken into Consideration by the Commons was the Grievances of the Kingdom and the first thing Insisted on was the Case of those Gentlemen for refusing the Loan and who notwithstanding their Habeas Corpus were Remanded to Prison and after a long Debate between several Members who asserted the Illegality of the Loan and also their Imprisonment for refusing it the Lord Chief Justice Hyde and several other Judges were desired to declare themselves who justified their own proceedings alledging That if they had granted them Bail upon Habeas Corpus it would have reflected upon the King as if he had unjustly Imprisoned them But in conclusion it was resolved upon the Question in the House of Commons Nemine Contradicente 1. That no man ought to be restrained by the Command of the King or Privy Council without some Cause of the Commitment 2. That the Writ of Habeas Corpus ought to be granted upon Request to every Man that is restrained though by the Command of the King the Privy Council or any other 3. That if a Freeman be imprisoned by the Command of the King the Privy Council or any other and no Cause of such Commitment expressed and the same be returned upon an Habeas Corpus granted for the said Party then he ought to be delivered or Bailed Then the Parliament proceeded to draw up a Petition against Popish Recusants consisting of these particulars 1. That all Laws and Statutes against Jesuites and Popish Priests be put in power and Execution 2. That a strict course be taken for the Apprehending and Discovering of them 3. That all Popish Recusants be prohibited from coming to Court or within Ten Miles of London 4. That no place of Trust or Authority shall be committed to Popish Recusants with several other particulars to the same purpose which Petition was presented from the Lords and Commons to the King by the Lord Keeper who gave a full and satisfactory Answer to every Article after which Five Subsidies were granted to the King which gave so great satisfaction to his Majesty that he sent them Word He would deny them nothing of their Liberties which any of his Predecessors had granted A Petition was then presented against Quartering Souldiers in the Countries to which the King promised an Answer in convenient time
was not admitted in whereupon the King with his Guard of Pensioners were resolved to force their Entrance which the Commons having notice of they suddenly went all out of the House and this was the end of this Parliament After their Dissolution the King publisheth a Declaration of the Causes thereof and then question'd Eleven of the Refractory Members at the Council Table who were all committed to divers Prisons About the same time the Marquis of Huntley Sheriff of the greatest part of Scotland neglecting the Order of the Council for seizing some Priests and Jesuites who publickly said Mass and committed other Insolences at Aberdeen with several other Lords who joyned with him and refused to appear upon Summons and had likewise given notice to the Priests and Jesuites to escape were proclaimed Rebels and Traitors to the King and Kingdom upon which they fled into England The French King having had much loss by the War with England did now therefore propose and conclude a Peace with the King consisting of several Articles A Paper was about this time dispersed abroad containing some Projects how the King might Augment his Revenues without the help of Parliaments upon which the Earls of Bedford Somerset and Clare with others where committed upon Information that they had dispersed some Copies of them but Sir David Fowls soon cleared them who deposed upon Oath that it was contrived near Sixteen years before by Sir Robert-Dudley Son to the Earl of Leicester when he was in Italy The dissolving the last Parliament procured great Animosities in the People against the Prime Ministers of State which occasioned divers Invective Libels to be dispersed abroad whereof one against Bishop Laud was found in the Dean of St. Pauls Yard to this Effect Laud look to thy self be assured thy life is sought as thou art the Fountain of Wickedness repent of thy monstrous sin before thou be taken out of the World and assure thy self Neither God nor the World can endure such a vile Councellor or Whisperer Another very bitter Libel was scattered against the Lord Treasurer Weston On the other side some considering the unsuccesfulness of this and the two former Parliaments advised never for the future to call any more Parliaments and to that end the forementioned Book of Projects was published and addrest to the King proposing some methods to prevent the Impertinency of Parliaments as he called them for time to come by the Example of Lewes 11th of France who pretended that the Commons or Third Estate did incroach too much upon the Nobility and Clergy dissolved it and never after suffered the People freely to Elect their Representatives but nominated certain Eminent Persons himself instead thereof which is called L' Assembly des Notabiles or the Assembly of Chief or Principal Men and the Methods proposed to avoid Parliaments were 1. To have a Fortress in every considerable Town 2. To cause high-ways to be made through all such Towns 3. To make none of the Inhabitants Governors of those Fortresses 4. To let none pass through those Towns without a Ticket 5. To have the Names of all Lodgers taken by Innkeepers 6. To impose a general Oath upon the Subjects not to oppose any of these Contrivances And to increase the Kings Revenue the Advice was 1. To demand the Tenth part of every Mans Estate 2. To buy all Leases upon the Crown Lands 3. To take the benefit of Salt into his own hands 4. To demand a Rate for Sealing the Weights every year 5. To lay a Taxe upon Wools. 6. Upon every Lawyers Fee 7. Upon Inns and Victualling Houses for a Licence 8. Upon all Cattle Flesh and Horses sold in the Market 9. Upon all Lands Alienated 10. To set a Rate upon all Offices in his Majesties Grant 11. To Reduce his Majesties Houshold to board wages 12. To lay a Taxe upon White Meats on fasting days 13. To lay an Imposition upon the Papists Lands 14. To Advance some Hundreds of Persons to Honours 15. To prohibit excess in Apparel which would save the Gentry more Money then what they were Taxed would amount to The Insurection of the Apprentices at Lambeth The E of Strafford beheaded on Towerhill Cheapside Cross pulled down in 1643. Upon May 29. 1630 the Queen was delivered of a Son at St. James's who was Christened Charles and Preserved by Providence to Succeed his Father in these Three Kingdoms as his Rightful Inheritance after the Miseries of a long and tedious Exile from his Native Countrey unto which he was at length happily Restored with the general Consent and Acclamations of the whole Kingdom The King of France and the Prince Elector Yalatine represented by the Duke of Lenox and the Marquis Hamilton were his Godfathers and the Queen Mother of France represented by the Dutchess of Richmond his Godmother It was observed that at his Nativity a Star was seen at Noon-day which might portend some extraordinary Passages of this Princes Life About this time Dr. Leighton was sentenced in the Star Chamber to have his Body Whipt his Fore-head Stigmatized his Ears Cropt his Nose Slit for publishing a Book called Sions Plea wherein he exhorted the late Parliament to smite the Bishops under the Fifth Rib and called the Queen the Daughter of Heth a Canaanite and Idolatress which Sentence was accordingly inflicted on him In Ireland the Papists presumed on St. Stephens day to say Mass in Dublin while the Lords Chief Justices were at Church who having notice thereof ordered the Preists Crucifixes and Vestments to be seized and Eight Popish Aldermen were likewise Imprisoned for not Assisting the Mayor but some Papists making a Tumult rescued the Priests whom the Guards again forced to deliver back Upon Information of this Riot and Insolency Fifteen Houses were by special Order from the Council seized upon for his Majesties use and the Priests and Fryers so disturbed that two of them hanged themselves Neither did the Papists agree together for there were great Contests in England between the Jesuites and Secular Priests The Earl of Essex had many years before married the Lady Howard who complaining of his Insufficiency for Marriage Duties the Cause was brought to a Tryal and it being made appear by a Jury of Midwives and the Earls own Confession That he never could and believed he never should carnally know her Thereupon Sentence of Divorce between him and his Lady was pronounced by the Bishops However the Earl was resolved to try his Fortune once more and therefore upon his return out of the Low Countreys where he had been for some time a Souldier he now Married a Daughter of Sir William Paulet of Wiltshire but a while after she objecting the same cause of complaint desired likewise to be Divorced from him which the Earl easily cousented to and it was done accordingly In the year 1631 and the 7th of his Majesties Reign Mervin Lord Audly and Earl of Castlehaven was Tryed by his Peers upon the Petition of his own
Non-conformists which caused them to be charged with Faction yet some of the Episcopal Party Asserted That the Communion Table ought to stand in the middle of the Quire according to the Primitive Example and a Book supposed to be written by Dr. Williams B. of Lincoln was Published to this purpose His Majesty considering the good Success of his former Fleet fits out another in the year 1636 under the command of the Earl of Northumberland who going Northward scowred the Seas of the Holland Busses and reduced them to desire leave of his Maiesty to Fish there which the King upon divers Considerations granted them Several Gentlemen of Quality had refused to pay the Imposition of Ship-money and among the rest Mr. Hamden of Buckinghamshire upon which his Majesty refers the whole business to his Twelve Judges in Michaelmas Term 1636 Ten of whom that is Brampton Finch Davenport Denham Jones Trever Vernon Berkly Crawly Weston gave their Judgments against Hamden and his Associates and subscribed their Names to be Inrolled in all the Courts ol Westminster Hall but Hutton and Crook refused it This year March the 17. the Kings Kings Third Daughter the Princess Ann was born In the Thirteenth year of his Majesties Reign 1637 Dr. Bastwick Mr. Pryn and Mr. Burton received a severe Censure for writing against Bishops and their Government they being all three Sentenced to pay Five Thousand Pounds Fine to the King to lose their Ears in the Pillory and to be Imprisoned which they accordingly suffered Bishop Williams of Lincoln having the great Seal taken from him in the first year of his Majesties Reign he so deeply resented it that ever after he studied Revenge and a Bill being preferr'd against him in the Star Chamber for some dishonourable Speeches of the King he endeavoured by some indirect means to clear his Innocence and was therefore this year sentenced Ten thousand Pounds Fine to the King Imprisonment in the Tower during Pleasure to be suspended ab Officiis et Beneficiis from his Bishoprick and the Profits thereof and to be referred to the High Commission Court as to what concerned them His Majesty desiring an Uniformity in Religion in England and Scotland a thing before designed by King James in pursuance thereof enjoyned the Scots the use of the English Liturgy the Surplice and other Habiliments and began first at his own Chappel and in this year 1637 Proclamation was made that the same Order should be observed in all Churches wherewith the Bishops were contented but not the Kirk nor the People who were so inraged thereat that when the Dean of Edenbourgh began to Read the Common Prayer in St. Giles Church with his Surplice on July 13. the Council Bishops Lords and Magistrates being present the Women and then the ordinary sort of men made such a disturbance and noise with Cursing Clapping their hands and so great Rudeness that nothing could be heard but their Clamours upon which the Bishop of Edenbourgh who was to preach that day stept up into the Pulpit to reprove them which increasing their Fury they assault him with such a shower of Stones Seats Stools Cudgels and whatever else was near that his life was much indangered thereby and the Arch-bishop of St. Andrews Lord Chancellor interposing was like to have been as rudely handled had not the Provost Bayliffs and others with much trouble turned these Rioters out of the Church the Dean then proceeding to read the Service Book though not without great noise from the Multitude about the Church The like disturbance happened in other places but in the Afternoon the Book was again read without much trouble after which some of the Disturbers were seized and punished but with no great Severity and the Ministers were promised Protection and Maintenance in Reading it so that all at present seemed calm and quiet till after Harvest at which time such a confluence of People came to Edenbourgh as gave just cause to the Council to fear an Insurrection to prevent which they Issued out several Proclamations That no Church matters should be resolved on but that all persons depart home unless they can shew some cause to the Council upon pain of Rebellion Yet this was so little regarded by the People that the B. of Galloway going the next day to the Council was pursued and assaulted by them even to the Council Chamber and being with difficulty got in the House was presently incompassed and his Person peremptorily demanded upon which those within required Aid of the Provost and Council of Edenbourgh but their Condition was as bad being likewise beset in their Town house by the People who would not let them go out till they had subscribed 1. To joyn in Opposition to the Service Book and in Petitioning to that purpose 2. To restore two or three of their silenced Ministers Which being related to the Council the Lord Traqnair and another went in Person to the Town House where they found the Tumult somewhat quieted by those Concessions but in coming back they were furiously assaulted in the Grass-street and the L. Traquair was trodden under foot his Hat Cloak and white Wand was taken away and himself halled to the Council House The Lords whereof weighing their own danger sent secretly to some of those Noblemen and Gentlemen who disliked the Service Book and were then assembled in the common cause against it by whom they were safely guarded through the multitude to their several Houses And now judging themselves secure they make Proclamation for breaking up all Conventions and keeping the Peace which had the contrary effect Two Petitions being presented to them One from the Common sort of Men Women and Children the other in the Name of the Noblemen Gentlemen and Ministry against the Service Book and Canons these Petitions were sent to the King who being offended therewith adjourned the Term to Sterling and by Proclamation forbid upon extreamest Penalty such Tumultuous Meetings Against which Proclamation the Earl of Hume the Lord Lindsey and divers others made Protestation and in pursuance thereof they set up Four Tables or Committees 1. Of the Nobility 2. Of the Gentry 3. Of the Barons 4. of the Ministry to prepare Matters for the General Council consisting of several Commissioners taken out of the other The next year 1638 the Scots entred inta a Solemn League and Covenant to preserve the Religion there protest resolving to maintain it and to that purpose they sent for General Lesly and other Officers from beyond Sea providing themselves likewise with Arms and Ammunition whilst D. Hamilton who was appointed to allay these heats and Distempers seemed secretly to foment them by spending a great deal of time in Declarations Proclamations Messages and Letters and afterwards makes such Propositions to the Confederates about calling a General Assembly as were very distasteful to the Covenanters and increased their Fury Whereupon Hamilton obtained of the King the Sole and Unlimited Power of Managing that Affair and then
acquainted them with a Declaration which he had procured of the King That he did discharge the Service Book Book of Canons and high Commission and likewise did annul and rescind all Acts for establishing them and did discharge the urging the Practice of the Five Articles of Perth and that all Persons whomsoever shall be liable to the Censure of Parliament General Assembly or any other Judicatories according to the Nature of the Offence That the Ancient Confelsion of Faith and Band annexed shall be subscribed and received as in K. James time That a General Assembly be holden at Glafcow Nov. 21. 1638 and a Parliament at Edenbourgh May 15. 1639 All former Offences to be pardoned and a General Fast appointed This Declaration being published the Marquess and Council subscribed the Covenanters Confession of Faith c. yet still some matter remained for a Protestation which was read by one Johnson wherein the People were exhorted to consider with whom they had to deal and exceptions were made against Bishops and their Voting in the Assembly After this they Elect Commissioners for the Assembly whom they moved to cite the Archbishops and Bishops to appear there as Guilty Persons which being refused they themselves present a Bill of Complaint against them to the Presbytery at Edenbourgh who accordingly warned them to appear at the next General Assembly At their Meeting the Bishops sent in a Protestation against their Assembly which the Covenanters would not vouchsafe to read but presumed to forbid Six Lords of the Privy Council to fit in their Assembly though nominated by the King His Majesty having notice of their proceedings as to the Bishops and other matters ordered their Assembly to be dissolved which was done accordingly Nov. 21. 1638 and the Covenanters immediately according to their usual method Issued out a Protestation against it and likewise declared 6 former Meetings which were opposite to their ways to be void and of none Effect and soon after they abolished Episcopacy and then prepared for a War as being sensible that the King would maintain the Rights of the Bishops and would likewise strictly call them to Account for their late Transactions About this time a Letter was sent by the Scots to the King of France to implore his Assistance Signed by several of the Nobility The King of England prepares an Army for Scotland with which in the year 1639 he marcheth in Person into the North but while he stayed at York some of the Scots Nobility tampered with the Eaglish telling them that the ruin of the Scots would enable the King to be more severe toward his English Subjects by which Intelligence and Correspondence it was evident that the English had no mind to Fight though their Army was much stronger than the Scots whereupon by the Mediation of some Persons a Treaty of Peace was begun and soon finished wherein it was agreed That His Majesty should publish a Declaration whereby all should be confirmed which his Commissioners had promised in his Name That a General Assembly and a Parliament be held at Edenbourgh in a short time And lastly That upon disbanding their Forces dissolving their Councils and restoring the King to his Forts and Castles c. the King was to recall his Fleet and Forces and make restitution of their Goods since the Breach The Kings Declaration was no sooner published but the Covenanters set forth another Protestation for adhereing to there Assembly at Glasco and their Covenant whereupon the King who intended to be present at their General Assembly not finding the Scots punctual in performing Articles and perceiving they would treat of some matters distasteful to him goes into England after which the Assembly sate at Edenbourgh and abolished Episcopacy the Liturgy High Commission and Book of Canons and then made several demands of the King of a various nature His Majesty understanding how things went and that the Scots levyed Taxes and prepared Arms he commanded by his Commissioner the Earl of Traquair that their Parliament should be Adjourned for some time but the Covenanters declared against this Command and sent a Remonstrance to the King and afterward Hamilton and Traquair likewise came to London where there were such proceedings as did the more exasperate the jarring parties against each other In this year 1639 a Spanish Fleet of near Seventy Sail and Twenty five thousand Men designed to be landed at Dunkirk for the relief of Flanders were set upon by the Dutch in the Downs and Eleven of them taken and sent into Holland three perished upon the Coast of France one near Dover and five were sunk in the Fight What the real intent of this Fleet was is yet uncertain for it seemed unlikely that Twenty five thousand Men should be sent only for a Recruit and the Admirals refusing to shew his Commission when required thereto by the King makes it seem yet mon suspicious The Scots Commissioners having delivered their Message return home to Edenbourgh Nov. 19. 1639. the same night that a great part of the Castle Walls fell down and the Anniversary of the King Birth day A while after the King sent the Lord Estrich and others to tepair the Walls who were resisted by the Covenanters as not judging the Lord Estrich to be a fit Governour for the Castle which Office was designed him by the King The King being hereat extreamly offended resolved since fair means would not prevail to force the Scots to reason and to that end considers how to make provisions for Men and Money and calling a secret Cabinet Council consisting only of Archbishop Laud the Earl of Strafford and Duke Hamilton who drove on his own particular interest it was concluded That for the Kings supply a Parliament must be called in England and another in Ireland but because the Debates of Parliament would take up some time it was resolved that the Lords should subscribe to lend the King money The Earl of Strafford subscribed Twenty thousand pound the Duke of Richmond as much but Hamilton pretended poverty preserving his money for other uses the rest of the Lords Judges Officers and other Dependants and many of the Gentry yea even several Popish Recusants contributed according to their ability The Scots on the other side fore-seeing the storm prepared for their own Defence making Treaties in Denmark Sweden Holland and Poland and the Jesuits who are never idle did likewise endeavour to foment the differences to which end Con the Popes Nuncio Sir Toby Matthews Read and Maxwell two Scots endeavoured to perswade the discontented People That the King designed to iuslave them to his will and pleasure Which practices of theirs were discovered by Andreas Habernsfield a Nobleman of Bohemia who declared That many of the Nobility of England and chief Favourites at Court were consenting to these Transactions and particularly the Earl and Countess of Arundel Secretary Windebank and Endymion Porter Con also performed the part of a Firebrand as all his Successors
the Popes Nuncio's that came after him did likewise and had formerly offered a Cardinals Cap to the Archbishop of Canterbury in the Popes Name In the year 1640 and the Sixteenth of the King a Parliament was called at Westminster April 13. in which the Earl of Strafford was highly honoured for his good service in Ireland in obtaining four Subsidies to maintain Ten thousand Foot and Fifteen hundred Horse And that England might follow this Example the King tells the Parliament that if they would supply him so as to suppress the Insolencies of the Scots he would acquit his claim to Shipmoney and giue satisfaction to their just Demands By which Proposals the Parliament were sensible of the Kings Necessities and therefore required satisfaction 1. For clearing the Property of the Subject 2. For establishing the True Religion 3. For Priviledges of Parliament But whilst they were debating whether the Grievances of the People or the Kings Supply should be first considered and Matters were in an hopeful posture Secretary Vane either accidentally or on purpose overthrew all at once by declaring that the King required Twelve Subsidies whereas he at that time only desired Six which so much inraged the House and made things so ill that by the Advice of the Junto the Parliament was dissolved having only sate Twenty two days however the Privy Councel likewise advised their Dissolving being assured the heats in the House of Commons were so great that they intended that very day to have voted against the War with Scotland whereby the King would have been in a worse condition than before their sitting About the same time a Convocation of Bishops sate with Commission to make such Canons as they judged for the peace of the Church and amongst other things they imposed an Oath called c. Et cetera as an Anticovenant against the Scots which because it occasioned much difference may not be unfitly inserted I A. B. Do swear that I do approve the Doctrine and Discipline or Government established in the Church of England as containing all things necessary to Salvation and that I will not endeavour by my self or any other directly or indirectly to bring in any Popish Doctrine contrary to that so established nor will I ever give my consent to alter the Government of this Church by Archbishops Deans and Arch Deacons c. Et cetera and so forth as it stands now established and as by right it ought to stand nor yet ever to subject it to the Usurpations and Superstitions of the See of Rome And all these things do I plainly and sincerely acknowledge and swear according to the plain and common sense or understanding of the same words without any Equivocation mental Evasion or secret Reservation whatsoever And this I do heartily willingly and truly upon the faith of a Christian So help me God in Jesus Christ This Oath was imposed upon all Ministers and gave great Offence This was the chief business of this Convocation which ended May 26 1640. Arch Bishop Laud by his earnest proceedings against Nonconformists and such as were called Puritans and by his strict enjoyning of Ceremonies especially reviving old Ceremonies which had not been lately observed procured much hatred to himself from the People particularly the Londiners who had a particular disgust against him for his severity upon Mr. Burton Pryn and Bastwick insomuch that upon May 9 1640 a Paper was fixed upon the Royal Exchange inciting the Apprentices to rise and sack his House at Lambeth the Monday after which they were the more inclined to do because it was reported that he was the chief instigator of the King to dissolve the last Parliament but the Arch Bishop had notice of their Design and provided accordingly however upon Monday at midnight about Five Hundred of them beset his House and endeovoured to enter but were repulsed and forced to depart having in some measure vented their Spleen in words and breaking his Glass-Windows The next day many of them were apprehended and imprisoned but three days after they were forcibly rescued from thence by their Companions who broke open the Prison doors for which one of the Ring-leaders was drawn hanged and quartered and his head and quarters set upon London-Bridge The King grew daily more offended against the Scots and calls a Select Juncto to consult about them where the Earl of Strafford delivered his mind in such Terms as were afterward made use of to his distruction War against them was resolved on and Money was to be procured one way or other the City of London was invited to lend but refused and pleaded poverty being distasted iâ— seems at some proceedings in the Star Chamber about their Plantation of London Derry in Ireland which was judged to be forfeited for some alledged misdemeanors and the Undertakers fined yet the Citizens were willing to offer a large Sum for the building a Magnificent Pallace for the King in St James's Park which took no effect The Gentry contributed indifferent freely so that with their Assistance the Royal Army was compleated the King himself being Generalissimo the Earl of Northumberland General and the Earl of Strafford Leiutenant General Northumberland falls sick and therefore the King takes the Command upon himself and sends away part of the Army Horse and Foot under the Lord Conway into the North. July 20th 1640. the Queen was delivered of a Son who was Châ—istened Henry afterward Created Duke of Glocester In the mean time the L. Conway had but ill Success for having drawn about 1200 Horse and 3000 Foot to secure the Passes upon the Riveâ— Tyne the Scotch Army under their General Lesly advanced thither better provided then before and August 27 Lesly desired leave of the L. Conway for his whole Army to pass to the King with their Petition which was denied whereupon about 300 Scotch Horse attempted to pass the River but were beaten back by the English Musquetiers who were placed under a Breast-work Lesly comes on with his Horse and charges Commissary General Wilmot who maintained the ground very stoutly till overborn with multitude and Canon they were put to a disorderly Retreat both Horse and Foot upon which the L. Conway hastes to the King with the unwelcome News Sir Jacob Astly Governor of Newcastle finding himself unable to deâ—end the place deserts it sinking the great Guns â—n the River whereby Newcastle and Durham came â—n a short time into the hands of the Scots And now Strafford comes up with whom the King retreats â—o York and stays there while Strafford who was â—ow sole Commander charges the whole miscarâ—iage upon Conway who as stoutly denies it The King had formerly declared the Scots to be Rebels and Traytors by Proclamation and commanded that publick Prayers should be put up against them in all Churches but at this time he is contented to treat with them and to that end he receives a Petition from them complaining of their Grievances To which he answers by
Nicholas and Sir Lewes Dives signifying That if the King would openly declare his mind and betake himself to some place of security that he might come freely to him he doubted not but he should do him some acceptable Service These Letters were intercepted by the Parliament and by them after perusal sent to the King with their Intreaties to him That he would perswade the Queen not to correspond with Digby or any other whom his Great Council had proclaimed Traytors There was a Report that the Parliament intended to Accuse the Queen of High-Treason as one that had so much power with the King to misadvise him this rumour the Parliament exused as a publick Scandal upon them which she seemed satisfied with yet provides against the danger and therefore prevails with the King to accompany her Daughter Mary Princess of Orange into Holland carrying with her all the Kings and her own Jewels together with those entailed upon the Crown intending with those and some other Assistance to raise a Party sufficient to maintain the King and his Regalities against the Parliament In the mean time Mr. Pym at a Conferrence complaining of the General Flocking of Papists into Ireland affirmed That since the Lieutenant had ordered a stop upon the Ports against all Irish Papists many of the Chief Commanders now in the head of the Rebels had been licensed to pass thither by his Majesties immediate Warrant The King was highly offended at this Speech which he signified to the House who in their Answer to his Message justifie Mr. Pym's words to be the sense of the House and That they had yet in safe Oustody the Lord Delvin Sir George Hamilton Colonel Butler Brother to the Lord Miniard now in Rebellion and one of the Lord Nettervils Sons To which the King replies That he thought Mr. Pym 's Speech was not so well grounded as it ought to have been and that the aforementioned persons had their Passes granted before he knew of the Parliaments Order of Restraint and therefore expected their Declaration for his Vindication from thut odious calumny of conniving or underhand favouring that abhorred Irish Rebellion But this His Majesties desire proved fruitless for they next moved the King to turn out Sir John Byron out of the Lieutenancy of the Tower and at their Nomination Sir John Conyers succeeded they then proceeded to name fit Persons for trust of the Militia in the several Counties and by Act of Parliament Disabled all Clergy-men from exercising Temporal Jurisdiction After which the King by a Message offers them To require by Proclamation all Statutes concerning Popish Recusants to be put in Execution That the seven Condemned Popish Priests shall be Banished and all Romish Priests within twenty days shall depart the Kingdom That he refers the consideration of Church Government and Liturgy wholly to the Houses and offers to go himself in Person against the Rebels in Ireland But the Commons were now busie about a Petition for Vindicating their Five Members wherein they desire the King to send them the Informers against the said Members or otherwise to desert their Prosecution would not suffice because the whole Parliament was concerned in the Charge And then they proceeded to settle the Militia for the defence of the Parliament Tower and City of London under the Command of Serjeant Major General Skippon who had formerly been an Experienced Souldier in the Low-Countries The King had deferred his Answer to their Petition for settling the Militia of the Counties according to their nomination till his return from Dover where he took leave of his Wife and Daughter and so returned to Greenwich from whence he sent to Hampton Court for his two Eldest Sons to come to him though contrary to the mind of the Parliament who would have disswaded him from it And now the Parliament thought fit to consider of the reducing of Ireland and ordered two Millilions and an half of those Acres to be Confiscate of Rebels Lands in Four Provinces shall be allotted to such Persons as will disburse Money for carrying on that War and several other Provisions were made for their Security which the King confirms Feb. 26. 1641 and in pursuance thereof a considerable Sum of Money was raised the People being generally free in their Contributions The King being now at Greenwich sends this Answer to the Petition about the Militia That he is willing to condescend to all the Proposals concerning the Militia of the Counties and the Persons mentioned but not of London and other Corporations whose Government in that particular he thought it neither Justice nor Policy to alter but would not consent to divest himself of the Power of the County Militia for an indefinite time but for some limited space This Answer did not satisfie so that the Breach growing daily wider the King declined these parts and the Parliament and removed to Theobalds taking with him the Prince and the D. of York About the beginning of March he receives a petition from the Parliament wherein they require the Militia more resolutely than before affirming Than in case of denial the imminent dangers would constrain them to dispose of it by Authority of Parliament desiring also that he would make his abode near London and the Parliament and continue the Prince at some of his Houses near the City for the better carrying on of Affairs and preventing the Peoples Jealousies and Fears All which being refused They presently Order That the Kingdom be put into a posture â—f Defence in such a way as was agreed upon by Parliament and a Committee to prepare a publick Declaration from these two Heads 1. The just Causes of the Fears and Jealousies given to the Parliament at the same time clearing themselves from any Jealousies conceived against himself 2. To consider of all matters arising from his Majesties Message and what was fit to be done And now began our Troubles and all the Miseries of a Civil War the Parliament every day entertaining or pretending to entertain new Jealousies and Suspicions of the Kings Actions which howsoever in complement they made shew of imputing only to his Evil Council yet obliquely had had too great a Reflection upon his Person They now proceed on a sudden to make great preparations both by Sea and Land and the Earl of Northumberland Admiral of England is commanded to rig the Kings Ships and fit them for Sea and likwise all Masters and Owners of Ships were perswaded to do the like The Beacons were repaired Sea-marks set up and extraordinary posting up and down with Pacquets all sad Prognosticks of the Calamities ensuing The King being now at Roysion March 9 the Earls of Pembrook and Holland bring him the Parliaments Declaration and read it to him wherein they represent to him some former miscarriages As the attempts to incense the late Nor hern Army against the Parliament The Scotish Troubles L. Jermins Treasons and Transportation by the Kings Warrant The Petition delivered to Captain
the publick Treasury exhausted Trade decayed and thousands of People murthered and infinite of other mischiefs committed For all which High and Treasonable Offences the said Charles Stuart might long since justly have been brought to exemplary and condign punishment Whereas also the Parliament well hoping that the restraint and imprisonment of his Person after it had pleased God to deliver him into their hands would have quieted the disturbers of the Kingdom did forbear to proceed judicially against him But found by sad experience that such their remissives served only to encourage him and his Complices in the Continuance of their evil practices and in raising of new Commotions Designs and Invasions For prevention therefore of the like greater inconveniencies and to the end that no Magistrate or Officer whatsoever may hereafter presume traiterously and malitiously to imagine or contrive the inslaving or destroying of the English Nation and to expect impunity in so doing Be it Ordained and Enacted by the Commons is Parliament assembled and it is hereby Ordained and enacted by the Authority thereof That Thomas L. F. O. C. c. shall be and are hereby appointed Commissioners and Judges for the Hearing Trying and Judging of the said Charles Stuart and the said Commissioners or any Twenty or more of them shall be and are hereby authorized and Constituted an High Court of Justice to meet at such convenient times and places as by the said Commissioners or the major part or twenty or more of them under their Hands and Seals shall be appointed and notified by publick Proclamation in the great Hall or Palace-yard of Westminster and adjourn from time to time and from Place to place as the said High Court or the major part thereof meeting should hold fit and to take Order for charging of him the said Charles Stuart with the Crimes above-mentioned and for the receiving his Personal Answer thereunto and for Examination of Witnesses upon Oath if need be concerning the same and thereupon or in default of such Answer to proceed to final Sentence according to Justice and the merit of the Cause and to be Executed speedily and Impartially c. Presently after this was published Proclamation was made That those who had any thing to say against the King should have a hearing given them This was proclamed first in Westminster-Hall by the Serjeant at Arms to the Commissioners Riding into the Hall with his Mace attended with six Trumpeters and other Officers who likewise rode bare into the Hall with him the Drums of the Guard beating in the mean time without in the Palace-yard And the day after Proclamation was made to the same effect in Cheapside and at the Old-Exchange And in order to this grand Tryal Hillary Term which usually begins Jan. 23. was adjourned for fourteen dayes The House of Lords refusing to concur with the Commons in their Ordinance for the Kings Tryal the Commons resolve and Vote That all Members and others appointed to Act in any Ordinance are impowered and enjoyned to Sit Act and Execute notwithstanding the House of Peers joyn not with them And now the Ministers in general and the Presbyterians likewise who had been active against the Kings Cause declare themselves both in their Pulpits and by earnest Petitions to the Parliament to be zealous abhorrers of the Kings death and every where publickly protest against this Tryal The Nobility likewise offer themselves Pledges on the Kings behalf and the People universally seem greatly troubled and astonisht Notwithstanding all which the House of Commons and the Army went desperately on and a New and Illegal Tribunal called An High Court of Justice was erected the Commissioners whereof met in the Painted Chamber to consult what course to take about the Tryal of the King Fryday Jan. 19. 1648. The King was brought with a strong Guard of Horse from Windsor to St. James's and the next day Serjeant Bradshaw President of the pretended High Court of Justice with about seventy of the Members of the said Court having Coll. Fox and sixteen Gentlemen with Partizans and a Sword born by Coll. Humphrey and a Mace by Serj. Dandy with their and other Officers of the faid Court marching before them came to the place ordered to be prepared for their sitting at the West end of the Great Hall in Westminster where the Lord President in a Crimson Velvet Chair fixed in the midst of the Court placed himself having a Desk with a Crimson Velvet Cushion before him The rest of the Members placing themselves on each side of him upon the several Seats or Benches prepared and hung with Scarlet for that purpose and the Partizans dividing themselves on each side of the Court before them The Court being thus set and silence made the great Gate of the said Hall was set open to the end That all persons without exception desirous to see or hear might come into it upon which the Hall was presently filled and Silence again ordered This done Colonel Thomlinson who had the charge of the King as a Prisoner was commanded to bring him to the Court who within a quarter of an hours space brought him attended with about twenty Officers with Partizans marching before him there being Coll. Hacker and other Gentlemen to whose care and Custody he was likewise committed marching in his Rear Being thus brought up within the face of the Court the Serjeant at Arms with his Mace receives and conducts him streight to the Bar where a Crimson Velvet Chair was set for the King After a stern looking upon the Court and the people in the Galleries on each side of him he places himself not at all moving his Hat or otherwise shewing the least respect to the Court but presently rises up again and turns about looking downwards upon the Guards placed on the left side and on the multitude of Spectators on the right side of the said great Hall After Silence made among the people the Act of Parliament for the Trying of CHARLES STVART King of England was read over by the Clerk of the Court who sate on one side of the Table covered with a rich Turkey Carpet and placed at the feet of the said Lord President upon which Table was also laid the Sword and Mace After reading the said Act the several Names of the Commissioners were called over every one who was present rising up and answering to his Call The King having again placed himself in his Chair with his face towards the Court Silence being again ordered the Lord President stood up and said President CHARLES STVART King of England The Commons of England Assembled in Parliament being deeply sensible of the Calamities that have been brought upon this Nation which is fixed upon you as the Principal Author of them have resolved to make inquisition for Blood and according to that Debt and Duty they owe to Justice to God the Kingdom and themselves and according to the Fundamental Power that rests in themselves They have
the Court. Sir it will be taken notice of that you stand in contempt of the Court and your contempt will be recorded accordingly King I do not know how a King can be a Delinquent not by any Law that ever I heard of all men Delinquents or what you will let me tell you they may put in Demurrers against any proceedings as Legal and I do demand that and demand to be heard with my Reasons if you deny that you deny Reason President Sir you have offered something to the Court I shall speak something unto you the sence of the Court Sir neither you nor any man are permitted to dispute that point you are concluded you may not demur the Jurisdiction of the Court if you do I must let you know that they over-rule your Demurrer they sit here by the Authority of the Commons of England and all your Predecessors and you are responsible to them King I deny that shew me one President President Sir you ought not to interrupt while the Court is speaking to you this point is not to be debated by you neither will the Court permit you to do it if you offer it by way of Demurrer to the Jurisdiction of the Court they have considered of their Jurisdiction they do affirm their own Jurisdiction King I say Sir by your favour that the Commons of England was never a Court of Judicature I would know how they came to be so President Sir you are not to be permitted to go on in that Speech and these Discourses Then the Clerk of the Court read as followeth Charles Stuart King of England You have been accused on the behalf of the People of England of High Treason and other high Crimes the Court have determined that you ought to answer the same King I will answer the same as soon as I know by what Authority you do this President If this be all that you will say then Gentlemen you that brought the Prisoner hither take charge of him back again King I do require that I may give in my Reasons why I do not Answer and give me time for that President Sir 'T is not for Prisoners to require King Prisoners Sir I am not an ordinary Prisoner President The Court hath considered of their Jurisdiction and they have already affirmed their Jurisdiction if you will not answer we shall give order to record your default King You never heard my Reasons yet President Sir your Reasons are not to be heard against the highest Jurisdiction King Shew me that Jurisdiction where Reason is not to be heard President Sir We shew it you here the Commons of England and the next time you are brought you will know more of the pleasure of the Court and it may be their final determination King Shew me wherever the House of Commons was a Court of Judicature of that kind President Serjeant take away the Prisoner King Well Sir remember that the King is not suffered to give his Reasons for the Liberty and Freedom of all his Subjects President Sir You are not to have liberty to use this language how great a friend you have been to the Laws and Liberties of the people let all England and the World judge King Sir under favour it was the Liberty Freedom and Laws of the Subject that ever I took defended my self with Arms I never took up Arms against the People but for my people and the Laws President The command of the Court must be obeyed no Answer will be given to the Charge King Well Sir Then the Lord President ordered the default to be recorded and the Contempt of the Court and that no answer would be given to the Charge And so was guarded forth to Sir Robert Cotton's house Then the Court adjourned to the Painted Chamber on Tuesday at twelve a clock and from thence they intended to adjourn to Westminster-Hall at which time all persons concerned were to give their attendance Resolutions of the Court at their meeting in the Painted Chamber Lunae Jan. 22. 1648. This day the King being withdrawn from the Bar of the High Court of Justice the Commissioners of the said High Court of Justice sate private in the Painted Chamber and considered of the Kings carriage upon the Saturday before and of all that had then passed and fully approved of what the Lord President had done and said in the managing of the business of that day as agreeing to their sence And perceiving what the King aimed at viz. to bring in question if he could the Jurisdiction of the Court and the Authority thereof whereby they sate and considering that in the interim he had not acknowledged them in any sort to be a Court or his Judges and through their sides intended to wound if he might be permitted the Supream Authority of the Commons of England in their Representatives the Commons assembled in Parliament after advice with their Councell learned in both Laws and mature deliberation had of the matter Resolved That the King should not be suffered to argue the Courts Jurisdiction of that which constituted them a Court of which debate they had not proper Conusance nor could they being a derivative Judge of that Supream Court which made them Judges from which there was no Appeal and did therefore order and direct viz. Ordered That in case the King shall again offer to dispute the Authority of the Court the Lord President do let him know that the Court have taken into consideration his demands of the last day and that he ought to rest satisfied with this Answer That the Commons of England assembled in Parliament have constituted this Court whose power may not nor should be permitted to be disputed by him That in case the King shall refuse to answer or acknowledge the Court the Lord President do let him know that the Court will take it as a Contumacy and that it shall be so Recorded That in case he shall offer or answer with a saving notwithstanding of his pretended Prerogatives above the jurisdiction of the Court That the Lord President do in the Name of the Court refuse his protest and require his positive Answer whether he will own the Court or not That in case the King shall demand a Copy of the Charge that he shall then declare his intention to Answer and that declaring his intention a Copy be granted unto him That in case the King shall still persist in his contempt the Lord President do give command to the Clerk to demand of the King in the name of the Court in these words following viz. Charles Stuart King of England you are accused in the behalf of the People of England of divers high Crimes and Treasons which Charge hath been read unto you The Court requires you to give a positive Answer to confess or deny the Charge having determined that you ought to Answer the same At the High Court of Justice sitting in Westminster Hall Tuesday Jan. 23. 1648. O yes made
Silence commanded The Court called Seventy three Persons present The King comes in with his Guard looks with an austere countenance upon the Court and sits down The second O Yes made and silence commanded Mr. Cook Solicitor General May it please your Lordship my Lord President This is now the third time that by the great grace and favour of this High Court the Prisoner hath been brought to the Bar before any Issue joyned in the Cause My Lord I did at the first Court exhibit a Charge against him containing the highest Treason that ever was wrought upon the Theatre of England that a King of England trusted to keep the Law That had taken an Oath so to do That had Tribute paid him for that end should be guilty of a wicked design to subvert and destroy our Lawes and introduce an Arbitrary and Tyrannical Government in the defiance of the Parliament and their Authority set up his Standard for War against his Parliament and People and I did humbly pray in the behalf of the People of England that he might speedily be required to make an answer to the Charge But my Lord instead of making any Answer he did then dispute the Authority of this High Court your Lordship was pleased to give him a further day to consider and to put in his Answer which day being yesterday I did humbly move that he might be required to give a direct and positive answer either by denying or confession of it but my Lord he was then pleased for to demurre to the Jurisdiction of the Court which the Court did then overrule and command him to give a direct and positive Answer My Lord besides this great delay of Justice I shall now humbly move your Lordship for speedy Judgment against him My Lord I might presse your Lordship upon the whole That according to the known Rules of the Law of the Land That if a Prisoner shall stand as contumacious in contempt and shall not put in an issuable plea Guilty or not Guilty of the Charge given against him whereby he may come to a fair Tryal That as by an implicite confession it may be taken pro confesso as it hath been done to those who have deserved more favour than the Prisoner at the Bar has done but besides my Lord I shall humbly presse your Lordship upon the whole Fact the House of Commons the Supream Authority and Jurisdiction of the Kingdom they have declared That it is notorious That the matter of the Charge is true as it is in truth my Lord as clearas Chrystal and as the Sun that shines at noon-day which if your Lordship and the Court be not satisfied in I have notwithstanding on the people of Englands behalf several witnesses to produce And therefore I do humbly pray and yet I must confess it is not so much I as the innocent blood that hath been shed the cry whereof is very great for justice and judgment and therefore I do humbly pray that speedy Judgement be pronounced against the Prisoner at the Bar. President Sir you have heard what is moved by the Councel on the behalf of the Kingdom against you Sir you may well remember and if you do not the Court cannot forget what dilatory dealings the Court hath found at your hands you were pleased to propound some Questions you have had your Resolutions upon them You were told over and over again That the Court did affirm their own jurisdiction That it was not for you nor any other man to dispute the Jurisdiction of the Supreme and highest Authority of England from which there is no Appeal and touching which there must be no dispute yet you did persist in such carriage as you gave no manner of obedience nor did you acknowledge any Authority in them nor the High Court that constituted this Court of Justice Sir I must let you know from the Court That they are very sensible of these delays of yours and that they ought not being thus Authorized by the supreme Court of England to be thus trifled withall and that they might in justice if they pleased and according to the Rules of Justice take advantage of these delayes and proceed to pronounce judgment against you yet nevertheless they are pleased to give direction and on their behalfs I do require you that you make a positive Answer unto this Charge that is against you Sir in plain terms for Justice knows no respect of persons you are to give your positive and final Answer in plain English whether you be guilty or not guilty of these Treasons laid to your Charge The King after a little pause said When I was here yesterday I did desire to speak for the Liberties of the People of England I was interrupted I desire to know yet whether I may speak freely or not President Sir you have had the Resolution of the Court upon the like Question the last day and you were told That having such a Charge of so high a Nature against you your Work was that you ought to acknowledge the jurisdiction of the Court and to Answer to your Charge Sir if you Answer to your Charge which the Court gives you leave now to do though they might have taken the advantage of your Contempt yet if you be able to Answer to your Charge when you have once Answered you shall be heard at large make the best Defence you can But Sir I must let you know from the Court as their commands that you are not to be permitted to issue out into any other discourses till such time as you have given a positive Answer concerning the Matter that is Charged upon you King For the Charge I value it not a Rush it is the Liberty of the people of England that I stand for for me to acknowledge a new Court that I never heard of before I that am your King that should be an example to all the people of England for to uphold Justice to maintain the old Laws indeed I do not know how to do it you spoke very well the first day that I came here on Saturday of the Obligations that I had laid upon me by God to the maintenance of the Libertyes of my People The same Obligation you speak of I do acknowledge to God that I owe to Him and to my people to defend as much as in me lies the ancient Laws of the Kingdom therefore until that I may know that this is not against the Fundamental Laws of the Kingdom by your favour I can put in no particular Answer If you will give me time I will then shew you my Reasons why I cannot do it and this Here being interrupted he said By your favour you ought not to interrupt me how I came here I know not there 's no Law for it to make your King your Prisoner I was lately in a Treaty upon the publick Faith of the Kingdom that was the known the two Houses of Parliament that was the
been stories will tell you if you go no higher than the time of the Conquest if you do come down since the Conquest you are the 24th King from William called the Conqueror you shall find one half of them to come meerly from the State and not meerly upon the point of Descent it were easie to be instanced to you the time must not be lost that way And truly Sir what a grave and learned Judge said in his time and well known to you is since printed for posterity That although there was such a thing as a Descent many times yet the Kings of England ever held the greatest assurance of their titles when it was declared by Parliament And Sir your Oath the manner of your Coronation doth shew plainly That the Kings of England and though it 's true by the Law the next person in blood is designed yet if there were just cause to refuse him the people of England might do it For there is a Contract and Bargain made between the King and his People and your Oath is taken and certainly Sir the Bond is reciprocal for as you are the liege Lord so they liege Subjects and we know very well that hath been so much spoken of Ligantis est duplex This we know now the one tye the one Bond is the bond of perfection which is due from the Soveraign the other is the bond of Subjection that is due from the Subject Sir if this bond be once broken farewel Soveraignty Subjectio trahit c. These things may not be denyed Sir I speak it the rather and I pray God it may work upon your heart that you may be sensible of your miscarriages For whether you have been as by your Office you ought to be a Protector of England or the Destroyer of England let all England judge or all the world that hath look'd upon it Sir though you have it by Inheritance in the way that is spoken of yet it must not be denyed that your Office was an Office of Trust and an Office of the highest trust lodged in any single person For as you were the grand Administrator of Justice and others were as your Delegates to see it done throughout your Realms if your great Office were to do Justice and preserve your People from wrong and instead of doing that you will be the great wrong-doer your self If instead of being a Conservator of the Peace you will be the Grand Disturber of the Peace surely this is contrary to your Office contrary to your Trust Now Sir if it be an Office of Inheritance as you speak of your Title by Descent let all men know that great Offices are seizable and forfeitable as if you had it but for a year and for your life Therefore Sir it will concern you to take into your serious consideration your great miscarriages in this kind Truly Sir I shall not particularize the many miscarriages of your Reign whatsoever they are famously known it had been happy for the Kingdom and happy for you too if it had not been so much known and so much felt as the story of your miscarriages must needs be and hath been already Sir That that we are now upon by the command of the highest Court hath been and is to Trie and Judge you for great offences of yours Sir the Charge hath called you Tyrant a Traytor a Murtherer and a publick Enemy to the Common-wealth of England Sir it had been well if that any of all these terms might rightly and justly have been spared if any one of them at all King Ha President Truly Sir we have been told Rex est dum bene regit Tyrannus qui populum opprimet and if so be that be the definition of a Tyrant then see how you come short of it in your Actions whether the highest Tyrant by that way of Arbitrary Government and that you have sought to introduce and that you have sought to put you were putting upon the People whether that was not as high an Act of Tyrannie as any of your Predecessors were guilty of nay many degrees beyond it Sir the term Traytor cannot be spared we shall easily agree it must denote and suppose a breach of Trust and it must suppose it to be done by a Superiour and therefore Sir as the People of England might have incurred that respecting you if they had been truly guilty of it as to the definition of Law so on the other side when you did break your Trust to the Kingdom you did break your Trust to your Superior For the Kingdom is that for which you were trusted And therefore Sir for this breach of Trust when you are called to account you are called to account by your Superiors Minimus ad Majorem in judicium vocat And Sir the People of England cannot be so far wanting to themselves which God having dealt so miraculously and gloriously for they having power in their hands and their great Enemy they must proceed to do Justice to themselves and to you For Sir the Court could heartily desire That you would lay your hand upon your heart and consider what you have done amiss That you would endeavour to make your peace with God Truly Sir These are your high crimes Tyranny and Treason There is a third thing too if those had not been and that is Murther which is laid to your charge All the bloody Murthers that have been committed since this time that the Division was betwixt you and your People must be laid to your charge that have been acted or committed in these late Wars Sir it is an heinous and crying sin and truly Sir if any man will ask us what punishment is due to a Murtherer Let Gods Law let Mans Law speak Sir I will presume that you are so well read in Scripture as to know what God himself hath said concerning the shedding of Mans blood Gen. 9. Num. 35. will tell you what the punishment is and which this Court in behalf of the Kingdom are sensible of of that innocent blood that has been shed whereby indeed the Land stands still defiled with that blood and as the Text hath it It can no way be cleansed but with the shedding of the blood of him that shed this blood Sir we know no Dispensation from this blood in that Commandement Thou shalt do no Murder we do not know but that it extends to Kings as well as to the meanest Peasants the meanest of the People the command is universal Sir Gods Law forbids it Mans Law forbids it nor do we know that there is any manner of exception nor even in mans Laws for the punishment of Murther in you 'T is true that in the case of Kings every private hand was not to put forth it self to this work for their Reformation and punishment But Sir the People represented having power in their hands had there been but one wilful act of Murther by you committed had power to have convented you
THE HOVSE OF LORDS THE HOVSE OF COMMONS THE WARS IN ENGLAND Scotland and Ireland OR An Impartial Account of all the Battels Sieges and other Remarkable Transactions Revolutions and Accidents which have heppened from the beginning of the Reign of King CHARLESI in 1625 to His Majesties happy Restauration 1660. Illustrated with Pictures of some Considerable matters curiously Ingraven on Copper Plates LONDON Printed for Nath. Crouch and John How at the Seven Stars in Sweetings Alley near the Royal Exchange in Cornhill 1681. TO THE READER THis small Volume is intended for the use of those who cannot go to the price of a greater and yet would willingly be informed of those wonderful Transactions and Revolutions which have happened in these Three Kingdoms of England Scotland and Ireland in this last Age and within the memory of many now living And though it cannot be expected that a large Account of every particular Accident can be comprehended in this little Compendium yet I have endeavoured without the least passion or partiality briefly to comprise the most considerable Matters Now as the Things here inserted are more remarkable both for their Variety and Quality than it may be ever happened at any time heretofore in so short a space so the serious perusal and consideration thereof may be very useful and necessary for quieting the present Discontents and deplorable Distractions that are now amongst us since these were the Forerunners of those miserable Wars Ruins and Desolations which are herein related wherein all Bonds of Religion Alliance and Friendship were utterly destroyed Wherein Fathers and Children Kindred and Acquaintance became unnatural Enemies to each other so that with some little Variation we may apply what Lucan writes of the Civil Wars of Rome to England in those times Wars more than Civil on the Brittish Plains Then happened and England Distzins In her own Bowels her Victorious Swords Where Kindred Hosts Encounter all Accords Of Empire broke where arm'd to Impious War The strength of all the shaken Land from far Is met known Ensigns Ensigns do desie Fathers by Sons and Sons by Fathers die What fury Countrey-men what madness cou'd Move you to feast your Foes with English Blood And chuse such Wars as could no Triumphs yield Whilst yet proud Babylon unconquer'd held Alas what seas what lands might you have ta'ne VVith that bloods loss which your own hands have drawn Let us all therefore who pretend to the name of Christians study to be quiet and follow Peace with all men which is the most Effectual means to prevent those Confusions and Miseries which we have lately suffered and under the effects whereof we still groan and that this short Narrative may be useful to this purpose is the earnest and hearty desire of Your Countrey-man and Well-wisher RICHARD BVRTON THE WARS IN England Scotland and Ireland c. BEfore we proceed to give an Account of those Unnatural Wars Ruins and Devastations which have happened in these Kingdoms in this Last Age it may seem necessary by way of Introduction to give a Relation of several previous Transactions before these Woful Calamities befel us Upon the 27th day of March in the year 1625 King James departed this life at Theobalds in the Fifty ninth year of his Age when he had reigned Twenty two years compleat And in the Afternoon of the same day Charles Prince of Wales his only Son then living was proclaimed King of Great Britain France and Ireland The first thing he did was performing the Ceremonies of his Fathers Funeral in which the King himself in Person followed as chief Mourner immediately after the Herse having his Train of black Velvetborn up by the Twelve Peers of the Realm at his right hand the Earl of Arundel and at his left the Earl of Pembroke He then proceeded to his Coronation and after that he consummated the Marriage with Henrietta Maria younger Daughter of the Great Henry the Fourth King of France whom he had formerly seen in his Journey through that Countrey into Spain his first Complement to her when he went to meet her at Dover was That he desired to be no longer Master of himself then he was Servant to her which indeed he made good for on the day before his deplorable death he desired his Daughter the Lady Elizabeth to assure her Mother if ever he saw her again That his Thoughts had never strayed from her and that his Affections should be the same to the last The King then called a Parliament which Assembled the Eighteenth of June follwoing to whom he represented in a short Speech The urgent necessity of raising a Subsidy since it would not agree with his Kingly honour to shrink from the War with Spain which his Father upon solid Considerations had by consent of both Houses undertaken although prevented by death from putting it in Execution That Money the sinews of War must be levied without which neither Army nor Fleet could move former Contributions being already disbursed to a penny That he should seem ridiculous to all Europe if he did not now at length proceed to Action That it was his first Enterprize the success whereof would have influence upon his following Reign That it concerned their own Reputations herein to Assist him effectually least the world should judge them to have betray'd their King That Celerity was necessary because of Winter then approaching a season prejudicial to Martial Attempts the Pestilence at that time Reigning in the City which in all probability might cause a sudden Dissolution of their Meeting All which Arguments if duly considered did evidently demonstrate That it was most Honourable Opportune and safe to use Expedition in the business As for Religion and Manner of Government he was resolved to tread in his Fathers steps hoping that his former life had ministred no just grounds for them to suspect the contrary The Parliament acknowledged these Arguments for a Subsidy to be very rational but yet would not suddenly resolve upon it till they had first presented their two Petitions concerning Beasons of Religion and Complaint of their Sufferings which points had been offered to his Father King James in the close of his last Parliament and by his death were left hitherto unanswered In both which they received competent satisfaction and likewise an account of the Arrears which were due to the Forces both by Sea and Land together with an Estimate of the future Charge and Expence of the Spanish War upon which the King obtained of the Laity freely and absolutely Two Subsidies to be paid by Protestants and four from Papists and three Subsidies from the Clergy In this Parliament Dr. Montague the Kings Chaplain was questioned for certain Tenets in his Answer to a Book called the Romish Gagger and his defence thereof Intituled Appello ad Caesarem And he being brought before the Bar of the House the Speaker declared their pleasure That they would refer his Censure till the next meeting and in the mean
Hart which intimated That his only Motive to this Fact was the late Remonstrance of the Commons against the Duke and that he could not sacrifice his Life in a nobler Cause than by delivering his Countrey from so great an Enemy Felton was afterwards Condemned and Hanged at Tybourn and his Body hanged upon a Gibbet at Portsmouth There was observation made of divers Passages presaging the Dukes Death as that his Picture fell down in the high Commission Chamber at Lambeth That the Lady Davis reputed a Prophetess had foretold in June that the Dukes fatal time would not come till August and lastly that Mr. Towerson of the Customhouse was charged by a Phantasm or Ghost resembling the Dukes Father to tell him That if he changed not his courses he should shortly become a great Fairing to the City of London which was afterwards judg'd to be accomplished by his death which happened the day before the Fair that is August 23. 1628. However the Fleet set Sail under the Command of the Earl of Lindsey and came to the Bar of Rochel Haven where there was a wonderful Barracado contrived by Cardinal Richlieu of Fourteen Hundred Yards cross the Channel however the Earl adventured in passing the Forts and Outworks but the Wind changing drove the Ships upon each other which unhappy Accident made the Rochellers despair of Relief and occasioned the present surrender of the Town after which the Earl of Lindsey brought the Fleet safe home again The Parliament was to have met in October but by reason of some ill news during this Expedition they were again Adjourned to January 20th in which time the Merchants refusing to pay Custom had their goods seized Complaint whereof being made to the Parliament the King summons the two Houses to the Banquetting House at White-hall and requires them to pass the promised Bill of Tunnage and Poundage for ending all differences since it was too precious a Jewel of the Crown to be so lightly forgone But the Commons being forward enough to take all occasions to put of the Kings Requests Answered That Gods Cause was to be preferr'd before the Kings and they would therefore in the first place consult concerning Religion and thereupon appointed one Committee for Religion and another for Civil Matters in the last wherof there was a complaint that the Petition of Right had been Printed with the Kings first Answer only and not with the last which was judged Satisfactory Another complaint was likewise made about the Customs and Mr. Rolls a Member of the House affirmed That it was reported some of the Officers of the Custom-house should say Though all the Parliament were in you we would take your Goods Mr. Richard Chambers was likewise imprisoned for saying at the Council Table That such great Customs and Impositions were required of the Merchants in England as were in no other Place and that they were more screwed up than under the Turk After which a Form of Submission being sent him from the Star Chamber to subscribe his name there to he instead of owning it as a fault underwrit these words All the abovesaid Contents I Richard Chambers do utterly abhor and detest as most unjust and false and never to death will acknowledge any parâ— thereof and quoted divers Scriptures against Oppression and Injustice As to the Printing the Petition of Right the Printer was questioned and for the other the Farmerâ— of the Customs were challenged to Answer it buâ— the King excused them as Acting by his Command yet this not being clear to the Parliament they would have proceeded against them as Delinquents whereupon the King sent them Word That in honour he could not nor would give way there to Which so increased the Parliament that they Adjourned themselves for some days and theâ— meeting again the King Adjourned them further till March 1. upon which Sir John Eliot stood up and accused the Lord Trea surer Weston as an Enemy to the English Trade and designing to transfer it to Forreigners which Speech caused a further Adjournment to March 10. The Commons inraged hereat blamed their Speaker for admitting the Message and ordered Sir John Eliot to read their Remonstrance the Speaker and Clerk refusing to do it which was to this purpose That the House had considered of the Bill for Tunnage and Poundage but being overprest with other business and that of it self so perplext as would require much leisure to discharge could not at that time finish it this present Session moving hastily to an end and least his Majesty should hereafter as he had done heretofore encline to Evil Spirits or to be abused to believe that might justly receive the Subsidies of Tonnage and Poundage which they humbly declare to be against the Fundamental Law of the Nation and contrary to the Kings late Answer to the Petition of Right therefore they crave that his Majesty would for the future forbear such Taxes and not take it ill if his Subjects refuse what is demanded by Arbitrary and unwarrantable Power A Report was likewise made from the Committee of Pardons by Oliver Cromwell a fatal name afterward that Dr. Neal Bishop of Winchester was cheifly Instrumental in procuring the Kings hand to the Pardons of Dr. Sybthorp Dr. Maynwaring Mr. Cousens and Mr. Montague and that he had likewise preferr'd Dr. Maynwaring to a rich Living though censured by the former Parliament and disabled from holding any Ecclesiastical Dignity and also that he was a Countenancer not only of Arminianism but flat Popery The Commons having prepared their Remonstrance about the Bill of Tonnage and Poundage they required their Speaker to put it to the Vote whether it should be presented to the King or not but the Speaker refused it and accordingly to the Kings order would have gone away but Mr. Hollis would not suffer him to stir till himself had read the Protestation of the House consisting of 3 Heads 1. Whoever shall bring in any Innovation of Religion or by favour seek to introduce Popery or Arminianism or other Opinions disagreeing from the True and Orthodox Church shall be reputed a Capital Enemy to this Kingdom and Common-wealth 2. Whosoever shall Counsel or Advise the taking or levying the Subsidies of Tonnage and Poundage not being granted by Parliament or shall be an Actor or Instrument therein shall be likewise reputed a Capital Enemy to the Commonwealth 3. If any man shall yield voluntarily or pay the same not being granted by Parliament he shall be reputed a Betrayer of the Liberties of England and an Enemy to the Commonwealth These Articles were entertained with the general Approbation of the Members but were much disliked by the King who immediately sent for the Serjeant of the Mace out of the House of Commons but Sir Miles Hobart took the Key from him and locking the door would not suffer him to go forth at which the King being very much offended he sends the Usher of the Black Rod to dissolve them who
December 3. they presented their Petition against their Prosecutors And now the Papists began to fear a Cloud for Justice Howard was to deliver up a Catalogue of all Recusants within the Liberties of Westminster to prevent which he was stabbed by one Mr. John James in Westminster hall for which he was imprisoned in the Gate-house in order to a more severe punishment But Sir Francis Windebank Secretary of State fearing to be called to Account by the Parliament for reprieving Jesuits and Priests which he knew would be produced against him if not worse matters fled privately into France December 7th the Commons Voted Ship-money with the Opinion of the Judges thereupon to be Illegal and a Charge of High Treason was ordered to be drawn up against eight of them and they resolved to begin with the Lord Keeper Finch December 11th Alderman Pennington and some hundreds of Citizens presented a Petition subscribed by 15000 Hands against Church Discipline and Ceremonies and a while after the House of Commons Voted That the Clergy in a Synod or Convocation have no power to make Canons or Laws without Parliaments and that the Canons are against the Fundamental Laws of this Realm the Kings Prerogative the Property of the Subject the Right of Parliaments and tend to Faction and Sedition In pursuance hereof a Charge was ordered to be drawn up against Arch-bishop Laud as the principal framer of those Canons and other Delinquencies which Impeachment was seconded with another from the Scotch Commissioners upon which he was committed to the Black Rod and 10 weeks after Voted Guilty of High Treason and sent to the Tower The Scots likewise prefer a charge against the Earl of Strafford then in Custody requiring Justice against them both as the great Incendiaries and Disturbers of Church and State and Sir George Ratcliff the Earls Bosom Friend had Articles also drawn against him to this purpose That he had conspired with the Earl to bring Ireland under an Arbitrary Government and to subvert the Fundamental Laws and to bring an Army from Ireland to subdue the Subjects of England That he perswaded the Earl to use Regal Power and to deprive the Subjects of their Liberties and Properties That he countenanced Papists and built Monasteries to alienate the Affections of the Irish from England That he withdrew the Subjects of Scotland from their King And lastly That to preserve himself and the Earl of Strafford he laboured to subvert the Liberties and Priviledges of Parliament in Ireland The Lord Keeper Finch was the next Person designed to be censured and notwithstanding a Speech made in his own Vindication he was Voted a Traytor upon several Accounts and among the rest for soliciting perswading and threatning the Judges to deliver their Opinions for raising Ship-money and for several ill Offices done in moving the King to Dissolve the last Parliament and causing the publishing the Kings Declaration thereupon Next day he was accused before the Lords but he foresaw the Storm and went over into Holland The Parliament having now removed their Enemies and increasing in Reputation were designing a Bill for a Triennial Parliament for promoting which Petitions came from divers places one whereof was subscribed with 800 Hands directly against Episcopacy which the King took notice of and calling both Houses together tells them Of their slowness and the charge of Two Armies in the Kingdom and that he would have them avoid two Rocks the one about the Hierachy of Bishops which he was willing to Reform but not to alter The other concerning frequent Parliaments which he liked well but not to give his Power to Sheriffs and Constables About this time one Goodman a Popish Priest condemned at the Sessions in London was reprieved by the King upon which both Houses petitioned to know who were the Instruments of it and receiving an unsatisfactory Answer they Remonstrated against the Toleration of Papists and the Popes Nuncio Rosetti and this Goodman whom they desired might be left to the Justice of the Law To this the King answers That the increase of Popery and Papists in his Dominions is extreamly against his mind and that he would use all possible means for the restraining of it As for the Popes Nuncio Rosetti he had no Commission but only to preserve Correspondence between the Queen and the Pope which was allowed her by the Articles of Marriage however he had prevailed with her to remove him and is contented to remit the particular Case of Goodman to both Houses The Scots had been now quartered in England five months during which a Cessation had been concluded at Rippon but the full Pacification was reserved for London where Commissioners sate on both Parties to hear the Demands of the Scots and to make answer thereunto After which the Scots presented the great Account of their Charges which was Five hundred fourteen thousand one hundred twenty eight pounds nine Shillings besides the loss of their Nation which was Four hundred and forty thousand pounds This Reckoning startled the English Commissioners till the Scots told them They did not give in that Account as expecting a Total Reparation of their Charges and Losses but were content to bear a part of it hoping for the rest from the Justice and Kindness of England There was some opposition made to the Demands however Moneys were raised for the present from the City of London for the Supply of both the Northern Armies as the Parliament had done once before At this time a Match was propounded between the young Prince of Orange and the Lady Mary Eldest Daughter to the King which his Majesty liked well of and communicated it to the Parliament with whom it found an unanimous and general Reception in regard of the Alliance to be thereupon concluded with the States General and likewise that he was of the same Protestant Religion with England so that the Marriage was soon concluded Presently after four Members of the Commons delivered a Message to the Lords of a Popish Design of Levying an Army of Fifteen thousand in Lancashire and Eight thousand in Ireland and that the main promoters thereof were the Earls of Strafford and Worcester In February Sir Robert Berkly one of the Judges about Ship-money was accused of High Treason and committed Prisoner to the Black Rod. In this Month the King passed that Act for a Triennial Parliament and to let them know what value he put upon this great favour his Majesty told the Two Houses That hitherto they had gone on in those things which concerned themselves and now he expected they should proceed upon what concerned him The King then likewise signed the Bill of Subsidies which gave them such universal content that Sir Edward Littleton Lord Keeper was ordered To return the Humble Thanks of Both Houses to his Majesty at Whitehall Upon which there were Bonefires and Bells ringing in and about London in the same manner as formerly upon granting the Petition of Right March 1 1640
And that as soon as his Majesty and both Houses may be secured from such Tumultuous Assemblies as to the High dishonour of the Parliament had awed the Members of the same which he conceived could not otherwise be done but by adjourning the Parliament to some place Twenty miles from London such as the Houses should agree upon His Majesty most chearfully and readily would consent to the disbanding of the Armies and would return speedily to his Two Houses of Parliament according to the Time and Place which they should agree upon Upon this Message the Parliament resolved to call back their Commissioners and so April 15. the Treaty ended About the beginning of last March the L. Brook marched toward Northampton and seizing the Ammunition there he went from thence to Warwick and so to Stratford upon Avon and beat Coll. Crockers and Lt. Coll Wagstaff's Forces out of that Town after which Besiegeing Litchfield one of the Kings Party shooting at a venture at the window of his Chamber the bullet pierced him in the Eye of which he immediately dyed yet his Souldiers being heightned with Revenge took the Close with the E. of Chesterfield and all his Souldiers and Ordnance after which Prince Rupert and the Earl of Northampton joining their Forces fell upon the Parliamentarians at Lichfield where the E. of Northampton was slain in the head of his Troop yet Lieut. Coll. Russel who commanded it despairing of succour yielded up the Place to Prince Rupert upon Honourable Conditions and marched away to Coventry April 17. 1643. the E. of Essex sate down before Reading and made two assaults but was repulsed The King marched from Oxford to Wallingford for its relief but Essexes Army increasing daily with fresh supplies from London both Parties happened to Skirmish at Causum Bridge where many of the Kings Forces were slain and forced to retreat whereupon the Town was a while after surrendred by Coll. Fielding who was made Deputy Governour in the room of Sir Arthur Aston who was disabled by a bruise he received in his head with a Brick-bat Fielding was for this Sentenced by a Council of War at Oxford to lose his Head but by the Intercession of Friends was pardoned May 3. Cheapside Cross was demolished a Troop of Horse and two Companies of Foot waiting to see it done and at the fall of the Top Cross Drums beat Trumpets blew and a great shout was made Charing-cross and all other Crosses in and about London were likewise pulled down about the same time In the mean time the breach between the King and Parliament became wider than ever so that they proceeded to draw up Articles of High Treason against the Queen some of which were That she had pawned the Crown Jewells in Holland That she had favoured the the Rebellion in Ireland That she had endeavoured to raise a Party in Scotland against the Parliament and that she had gone in the head of a Popish Army in England Several other Articles were framed against her upon which Mr. Pym carried up an Impeachment to the Lords who seemed at first surprized therewith but they afterward agreed to the Charge The Queen had about this time raised an indifferent Army of Horse and Foot and leaving some Horse and Foot with Sir Charles Cavendish for defence of Lincoln-shire and Nottingham-shire she with 3000 foot three Companies of Horse and Foot six Canons and two Mortar pieces met the King at Edge-hill and goes from thence with him to Oxford Several Encounters happened in the West between Sir Ralph Hopton for the King and Sir G. Chudleigh then Commander of the Parliaments Forces where sometimes one Party was Victorious and then the other Collonel Nath. Fines Governout of Bristoll about this time discover'd a design of Robert Yeomans and George Bouchier to deliver up that City to the Kings Forces upon which they were Condemned by Council of War and hanged May 30 notwithstanding the Kings Letter to the Maior and Citizens and General Ruthens to the Governour on their behalf And so ends this month famous by the Death of Mr. John Pym that active Person in the House of Commons In June 1643. Mr. Waller a Member of the House of Commons Mr. Tomkins Mr. Challoner Mr. Hasel Mr. Blinkhorn Mr. White and others were Arraigned at Guild-Hall London they being charged For designing to seize into their Custody the Kings Children some Members of Parliament the L. Mayor and Committee of the Militia all the Cities Outworks and Forts the Tower of London and all the Magazines and then to let in the Kings Forces to surprize the City Upon this Indictment they were Tryed and Condemned but Tomkins and Challoner onely were hanged Some Skirmishes passed between the E. of Essex and P. Rupert who ingaging about Tame in Oxfordshire The Prince routed a body of Horse in Chalgrave Field where Mr. John Hambden recieved his mortal wounds but in the West the Parliaments Forces had better success where they took in the Towns of Taunton and Bridgewater At this time finding the want of a Great Seal the Parliament after long debates Voted That a new Seal should be made for Confirmation of their Acts and Ordinances which was forthwith done and thereon was Ingraven the Picture of the House of Commons and Members sitting and on the other side the Arms of England and Ireland but between the Voting and making this Seal they passed this Order That if the L. Keeper Littleton upon Summons did not return with the great Seal within fourteen dayes he should lose his Place and whatsoever should be Sealed therewith by him after that time should be null and void in Law And presently after Mr. Hen. Martin a Member of Parliament seized upon the Regalia which were reposited in Westminster Abby telling some of his Accomplices That the time would come wherein there would be no need of Crowns and Scepters July 5. 1643. Sir Will. Waller meets with Sir Ralph Hopton's Forces at Landsdown near Bath who though fewer than Sir Williams yet maintained the fight from two in the afternoon till one the next morning and then Sir Williams Party forsook the Field Hopton himself was hurt and lost divers Gentlemen of note but the Parliaments loss was more Hopton marches to the Devizes in Wilt-shire and Waller after him whereupon the King sent 1500 Horse from Oxford to Hoptons relief Waller draws off to Roundway Down and there the Fight began in which the Parliamentarians were defeated and fled leaving the Foot to the mercy of their Adversaries by whom hundreds of them were Slain and more taken with four brass Guns Ammunition and Baggage 28 Colours and 9 Cornets Waller having thus lost his Army posts to London with a few followers for Recruits This Fight happened July 13. Some difference arising in the North between L. Fairfax General for the Parliament and Sir John Hotham Governour of Hull who refused to submit to the L. Fairfax the Parliament designed to displace Hotham which he
under which they must live and by which they must be governed And then Sir the Scripture says They that know their Masters Will and do it not what follows The Law is your Master the Acts of Parliaments the Parliaments were to be kept anciently we find in our Author twice in the year That the Subject upon any occasion might have a ready remedy and redresse for his Grievance Afterwards by several Acts of Parliament in the dayes of your Predecessor Edward the third they must have been once a year Sir what intermission of PARLIAMENTS hath been in your time it is very well known and the sad consequences of it and what in the interim instead of these Parliaments hath been by you by an high and Arbitrary hand introduced upon the People that likewise hath been too well known and felt But when God by his Providence had so brought it about that you could no longer decline the calling of a Parliament Sir yet it will appear what your ends were against the Ancient and your Native Kingdom of Scotland The Parliament of England not serving your ends against them you were pleased to dissolve it Another great necessity occasioned the calling of this Parliament and what your designs and plots and endeavours all along have been for the ruining and confounding of this Parliament hath been very notorious to the whole Kingdom And truly Sir in that you did strike at all that had been a sure way to have brought about that that this layes upon you Your Intention to subvert the Fundamental Laws of the Land For the great bulwark of Liberty of the People is the PARLIAMENT of England and to Subvert and Root up that which your aim hath been to do certainly at one blow you had confounded the Liberties and the Propriety of England Truly Sir it makes me call to mind I cannot forbear to express it for Sir we must deal plainly with you according to the merits of your cause so is our Commission it makes me call to mind these proceedings of yours that we read of a great Roman Emperor by the way let us call him a great Roman Tyrant Caligula that wisht that the People of Rome had had but one Neck that at one blow he might cut it off and your proceedings hath been somewhat like to this for the body of the people of England hath been and where else represented but in the Parliament and could you have but confounded that you had at one blow cut off the neck of England but God hath reserved better things for us and hath pleased for to Confound your designs and to break your Forces and to bring your Person into Custodie that you might be responsible to Justice Sir we know very well That it is a question on your side very much Press'd By what president we shall proceed Truly Sir for Presidents I shall not at this present make any long discourse but it is no new thing to cite Presidents almost of all Nations where the People when power hath been in their hands have not sticked to call their Kings to account and where the change of Government hath ensued upon occasions of the Tyranny and Mis-government of those that have been placed over them I will not spend time to mention France or Spain or the Empire or other Countries Volumes may be written of them But truly Sir that of the Kingdom of Arragon I should think some of us have thought upon it where they have the Justice of Arragon that is a man tanquam in medio positus betwixt the King of Spain and the people of the Country that if wrong be done by the King he that is the King of Arragon the Justice hath power to reform the wrong and he is acknowledged to be the Kings Superiour and is the grand preserver of their priviledges and hath prosecuted Kings upon their miscarriages Sir What the Tribunes of Rome were heretofore and what the Ephori were to the Lacedaemonian State we know that is the Parliament of England to the English State and though Rome seem to have lost its liberty when once the Emperours were yet you shall find some famous Acts of Justice even done by the Senate of Rome that great Tyrant of his time Nero condemned and judged by the Senate But truly Sir to you I should not mention these Forreign examples and stories If you look but over Tweed we find enough in your native Kingdom of Scotland If we look to your first King Forgusius that your stories make mention of he was an Elective King he died and left two Sons both in their minority the Kingdom made choice of their Unkle his Brother to govern in the minority afterwards the Elder Brother giving small hopes to the People that he would rule or govern well seeking to supplant that good Unkle of his that governed them justly they set the Elder aside and took to the Younger Sir if I should come to what your stories make mention of you know very well you are the 109th King of Scotland for to mention so many Kings as that Kingdom according to their power and priviledge have made bold to deal withal some to banish and some to imprison and some to put to death it would be too long and as one of your Authors sayes it would be too long to recite the manifold examples that your own stories make mention of Reges say they we do create we created Kings at first Leges c. We imposed Lawes upon them and as they are chosen by the suffrages of the People at the first so upon just occasion by the same suffrages they may be taken down again and we will be bold to say that no Kingdom hath yielded more plentiful experience than that your Native Kingdome of Scotland hath done concerning the deposition and the punishment of their offending and transgressing Kings c. It is not far to go for an example near you your Grandmother set aside and your Father an Infant crowned and the State did it here in England here hath not been a want of some examples they have made bold the Parliament and the People of England to call their Kings to account there are frequent examples of it in the Saxons time the time before the Conquest since the Conquest there wants not some Presidents neither King Edward the second King Richard the second were dealt with so by the Parliament as they were deposed and deprived and truly Sir whoever shall look into their stories they shall not find the Articles that are charged upon them to come near to that height and capitalness of Crimes that are layed to your charge nothing near Sir you were pleased to say the other day wherein they descend and I did not contradict it but take altogether Sir if you were as the Charge speaks and no otherwise admitted K. of England but for that you were pleased then to alledge how that almost for a thousand years these things have
broken and a new one to be made with the Arms of England and Ireland on one side and this Inscription The Great Seal of England and on the other side the House of Commons with this Inscription In the first Year of Freedom by Gods blessing restored 1648. and appointed the Money to bear the Arms of England and Ireland with this Motto God with us and the Great Seal was intrusted with three Commissioners They likewise caused the Kings Arms to be pulled down every where and the Kings Picture in the Old Exchange they caused to be defaced and the following Inscription to be be set behind it in Golden Letters Exit Tyrannus Regum ultimus Anno Libertatis Angliae Restitutae Primo Anno 1648. Jan. 30. They next proceed to erect another Illegal High Court of Justice wherein they brought to Tryall D. Hamilton taken at the fight at Preston the E. of Holland at Kingston Fight and the L. Capell and L. Goring taken at the Seige of Colchester The three first were Condemned and beheaded at the Palace-yard at Westminster After this the L. Fairfax having laid down his Commission the Parliament made Oliver Cromwell their General who a while after was sent into Ireland where he proved very successfull His Majesty was now in France and hoped to get aid there but found none but the Junto proceeded to make Sale of the King and Queens Lands and made a formal Act for abolishing Kingly Government and disinheriting the Roval Issue and seting up a Republick or Free State This Act Alderman Reynardson was commanded to proclaim in the City which he refusing was committed to the Tower with three Aldermen more and a new Lord Maior was chosen by a Common-Hall who attended with several other Aldermen as complyant as himself readily obeyed the Commands of his Masters and proclaimed their Edict in several places of the City A while after His Majesty was solemnly Proclaimed in Scotland and after great debate among them there they at length agree on some Propositions to be sent to the King who was then in the Isle of Jersey and Mr. Windram Laird of Libberton was appointed Messenger who bringing them to the King they were stiffly debated on each side but at last Breda in Holland was appointed for the place of a Solemn Treaty where Commissioners from the Estates and Kirk met the King and delivered their Propositions During which Treaty the Marquess of Montross was seized in Scotland and for opposing the Kirk Party was condemned and Executed upon a Gibbet near fifty foot high with all imaginable Contempt which His Majesty having an Account of was much troubled and the Treaty had like to have been broken off but at length through the necessity of Affairs was concluded and being carryed to Edenburgh after much debate it was resolved another Message should be sent to invite the King over but the Parliament here in England having notice of all these Proceedings in Scotland prepared an Army thereupon to invade Scotland under the command of their General Oliver Cromwell About this time General Blake their Admiral took sunk and burnt most of Prince Ruperts Fleet which was a great damage to the Kings Affairs And now the King being arrived at Spey in the North of Scotland some Lords were sent down to accompany him to Edenburgh As he came along he was entertained with the general Joy of all the People and at Aberdeen he was presented with 1500 Pounds which thing was ill taken by the Committee of Estates and Kirk and therefore they sent an Injunction to prohibit other Places from doing the like The King being now come to Edenburgh was again Proclaimed King July 15. 1650. but his Coronation was deferred by reason of the then Troubles since the English Army was upon the Borders and the Scots now began to think how to defend themselves and therefore marched under the Command of Montgomery and set upon the English at Muscleborough but were worsted by them and at Dunbar the English wholly routed them taking the pass there At the same time the Scots were divided among themselves into three Parties but the King returning with Montgomery to St. Johnstons they were all reconciled and the King on Jan. 1. 1650. was Crowned at Scone and soon after set up his Standard at Aberdeen resolving to be himself Generalissimo of the Scotch Army About which time Sir Hen. Hyde was beheaded at London for his Loyalty and not long after Captain Brown Bushell received the like Doom for performing some signall services to the King the King began to fortifie Sterlang and the English drew near it and Cromwell perceiving he could not draw the Scots to a Field Battel suddenly transported over Fyfe 1600 foot and four Troops of Horse who with the help of Lambert and Okey routed the Scots under Sir John Brown taking him and several other Persons of Quality Prisoners killing 2000 on the place and taking about 120 Prisoners not long after Mr. Gibbons and Mr. Love were Beheaded on Tower-hill upon the discovery of a Plot in England against the Parliament by the Presbyterians The King seeing the English prevail so fast thought it best to quit Scotland and so Marched for England July 30. 1651. which Cromwell observing sent Lambert after him with a select Party of Horse The Kings Army being now in England the Parliament caused numerous Forces to be raised in most Counties in England and his Majesty marched on to Worcester and fortified it In the mean time Maj. General Lambert gained the pass at Vpton by a desperate attempt in caussing some of his Troopers to swim the River on Horseback carrying their Pistols and Holsters in their hands to save them from wet whereby they put Maj. Gen. Massey and his men to the Retreat so that the Kings Party was forced to quit the Town and leave the pass to the Parliamentarians who quickly made a Bridge over the River and Cromwell joining with the rest of the Forces against the King after some Sallies out of the Town against them at length the King in the Front of his men sallied out of Town on Sept. 3. 1651. and so valianty charged Cromwells Life-Guard that they were forced to retire till seconded by fresh Forces they put the Kings Party to the Retreat and the King had his Horse twice shot under him and not able to rally again they were forced to fly into the Town where Cromwells Party entered Pell Mell with them and then the Cry went Save the King Save the King The King seeing all lost with some of his Nobles and Servants escaped with much difficulty to a Farmers house in Stafford-shire where he disrobed himself and for want of Scissers had his Hair out off with a Knife and so with the Company of one Friend who brought him Provision towards night he betook himself to a Wood where he made an Oak his Palace the Souldiers hunting about for him and a thousand Pound promised as a Reward to
put my hands out this way stretching them out them After that having said two or three words as he stood to himself with hands and eyes lift up Immediately stooping down laid his Neck upon the Block and then the Executioner again putting his hair under his Cap the King said thinking he had been going to strike Stay for the sign Executioner Yes I will and it please your Majesty And after a very little pause the King stretching forth his hands the Executioner at one blow severed his head from his body The head being off the Executioner held it up and shewed it to the people which done it was with the Body put in a Coffin covered with black Velvet for that purpose and conveyed into his Lodgings there And from thence it was carried to his house at Saint James's where his body was embalmed and put in a Coffin of Lead laid there a fortninght to be seen by the people and on the Wednesday sevennight after his Corps embalmed and coffined in Lead was delivered chiefly to the care of four of his Servants viz. Mr. Herbert Captain Anthony Mildmay his Sewers Captain Preston and John Joyner former Cook to his Majesty they attended with others cloathed in Mourning Suits and Cloaks accompanied the Herse that night to Windsor and placed it in that which was formerly the Kings Bed-chamber next day it was removed into the Deans Hall which Room was hanged with black and made dark Lights burning round the Herse in which it remained till Three in the Afternoon about which time came the Duke of Lenox the Marquess of Hertford the Marquess of Dorchester the Earl of Lyndsey having obtained an order from the Parliament for the decent Interment of the King their Royal Master provided the expence thereof exceeded not five hundred pounds At their coming into the Castle they shewed their Order of Parliament to Collonel Wichcot Governour of the Castle desiring the Interment might be in St. Georges Chappel and by the Form in the Common-Prayer Book of the Church of England this request was by the Governour denyed saying It was improbable that the Parliament would permit the use of what they had so solemnly abolished and therein destroy their own Act. To which the Lords replyed There is a difference betwixt destroying their own Act and dispensing with it and that no Power so binds its own hands as to disable it self in some cases All could not prevail the Governour persisting in the Negative the Lords betook themselves to the search of a convenient place for the Burial of the Corps the which after some pains taking therein they discover a Vault in the middle of the Quire wherein as is probably conjectured lyeth the body of King Henry the Eighth and his beloved Wife the Lady Jane Seamor both in Coffins of Lead in this Vault there being Room for one more they resolve to inter the body of the King the which was accordingly brought to the place born by the Officers of the Garrison the four Corners of the Velvet Pall born up by the aforesaid four Lords the pious Bishop of London following next and other Persons of Quality the Body was committed to the earth with sighs and tears especially of the Reverend Bishop to be denyed to do the last Duty and Service to his Dear and Royal Master the Velvet Pall being cast into the Vault was laid over the Body upon the Coffin was these words set KING CHARLES 1648. After the Regicides had committed this Horrid and nefarious Act the prevailing Power consisting of a patcht number of the House of Commons and the chief Officers of the Army combined together and seeing how successfully and unopposed they had effected this so unparalel'd a Deed to which they knew the generality of the Nation were utterly averse and as far as they durst shew'd their absolute dislike They in the next place fall upon the alteration of the Government thinking to make sure work by subverting the Ancient Monarchy of this Realm and instead thereof introducing that which they called a Free State or Common-wealth For constituting of which the first thing they did was to Vote and publish by Proclamation That whereas several pretences might be made to the Crown c. to the apparent hazard of the publick Peace no Person whatsoever should presume to proclaim or any way promote Charles Stuart Son of the said Charles late King of England or any other person to be King or chief Magistrate c. by colour of Inheritance or any other claim whatsoever without the free Consent of the People in Parliament first signified by a particular Act for that purpose any Law or Custom to the contrary notwithstanding and whosoever should contrary to this Order proclaim c. shall be adjudged a Traytor and suffer accordingly This proceeding was founded upon a Maxim which they had taken up and agreed on among themselves namely That all Power and Authority is Originally in the People But well knowing that their Councils had soon been confounded and themselves interrupted in the course they had begun if they had incorporated again with those of their Members which had been forcibly kept out by the Army they Resolve and decree 1. That all those Members who had assented to the Vote of Decemb. 5. concerning the Kings Concessions for that was the occasion of their seclusion should never be readmitted and that those that Voted in the Negative should presently enter their said dissent or before they were to be admitted And together with the fortune of Monarchy was involved that of the House of Peers who having sent to desire a Conference about setling the Government in regard the Judges Commissions were determined by the Kings Death instead of an Answer to their Message the Junto of the Commons upon debate Voted the Lords House to be useless and dangerous and therefore to be laid aside as in like manner they declared the Kingly Office to be unnecessary and Burthensom and therefore fit to be abolished only they allowed the Lords the Priviledge of being capable to be chosen Burgesses into the House of Commons But the Lords were so highly incensed thereat that there was suddenly published a Declaration in the name of all the Peers and Barons of the Realm wherein they protest against the Proceedings of the Commons And a while after some of the Kings friends in despite of all Votes Acts and Orders to the contrary promoted a Proclamation in the name of all the Nobility Gentry and Commonalty of the Kingdom for proclaiming Charles our present Soveraign to be King of England But little could unarmed Declarations prevail against the reigning Power of an Armed faction who now assumed new Ensigns of Soveraignty cancelling the Old and caused all Writs Commissions and Instruments of publick Concernment to be issued out under a new Stile and Test that is of The Keepers of the Liberties of England by Authority of Parliament They ordered the old Great Seal to be