Thomas May Esq Aetatis Sua. 55. A BREVIARY OF THE HISTORY Of the Parliament Of ENGLAND Expressed in three PARTS 1. The Causes and Beginnings of the Civil War of England 2. A short mention of the Progress of that Civil War 3. A compendious Relation of the Original and Progress of the Second Civil War First written in Latine after done into English By Thomas May Esq The Second Edition LONDON Printed by J. Cottrel for Thomas Brewster at the three Bibles neer the West-end of Pauls 1655. The Causes and Beginnings OF The Civil War of England OF the Parliament of England and beginning of that sad War which for so many yeers raged within the bowels of a distressed Kingdom whosoever will write though never so briefly must of necessity premise somewhat touching the Causes according to the state of the affairs and times of assembling that Parliament And though the condition of Scotland and Ireland were during that time no whit happier which being subject to the same King were exposed to the same Calamity our discourse especially shall be of England as the noblest Kingdom and the Royal Seat from whence the distemper might first arise and be derived to the rest And wonderful it may seem how great the distemper of that Government was which ingendered so great a disease how great the malignity of that disease to which a Parliament was not sufficient Medicine Fourty yeers old was King Charles and fifteen yeers had he reigned when this Parliament was called so long had the Laws been violated more then under any King the Liberties of the people invaded and the authority of Parliament by which Laws and Liberties are supported trodden under foot which had by degrees much discontented the English Nation For the King within the first four yeers of his Reign had called three Parliaments and soon dissolved them all before they could any way benefit the Commonwealth or redress the least grievance of the People In the second he granted and signed the Petition of Right but suddenly breaking up that Parliament he acted the same things in violation of Laws which he had done before So that it was manifest that the Peoples Liberties by grant of that Petition were not fortified but utterly overthrown and it appeared neither Laws themselves could give protection nor the Kings Faith security to the People After the dissolution of the third Parliament men were forbidden by Proclamation to speak any more of Parliaments In this Interval the people at home were fleeced by Monopolies and many ways exacted upon by illegal Taxes abroad scarce any Negotiations were made but such as were destructive to Religion and the Commonwealth In the beginning of his Reign an unhappie and dishonorable Expedition was made against the Spaniard to surprise Cales another more sad then that against the French in the following yeer at the Isle of Rhee but that of all other was most destructive to the Protestant Religion that King Charles not long before that time had lent a strong Navie to the King of France by whose force the Protestants Ships through all France were vanquished and scattered and the miserable Town of Rochel subdued by Famine the worst of all Enemies The King in the mean time by many illegal ways raised money through England large sums of money were exacted throughout the whole Kingdom default of Knighthood under the shadow of an absolute Law Tunnage and Poundage were received without the ordinary course of Law and though they were taken under pretence of guarding the Seas yet that great Tax of Ship-money was set on foot under the same colour c. These things were accompanied with the enlargement of Forests contrary to Magna Charta the forcing of Coat and Conduct-money taking away the Arms of the Trained Bands in many Counties c. Nor was there any remedy left for no Courts of Judicature could give redress to the people for these Illegal sufferings whilst Judges were displaced by the King for not complying with his will and so awed that they durst not do their duties for to hold a Rod over them a clause was altered in their Patents By this time all thoughts of ever having a Parliament were quite banished so many Oppressions set on foot so many illegal actions done that the onely way to justifie all was to do that one greater To take away the means which was ordained to redress them the lawful Government of England by Parliaments Whilst the Kingdom was in this condition the serious and just men of England who were not interessed in these Oppressions could not but entertain sad thoughts of what mischief must needs follow so great an injustice But another sort of men especially Lords and Gentlemen by whom the pressures of Government were not much felt did nothing but applaud the happiness of England calling those ingrateful and factious spirits who complained of the breach of Laws and Liberties that the Kingdom abounded with wealth plenty and all kinde of elegancies more then ever and that it was the honour of a people that their Monarch should live splendidly and not be curbed at all in his Prerogative c. The Courtiers would begin to dispute against Parliaments in their ordinary discourse That they were too injurious to the Kings Prerogative some of the greatest States-men and Privie Councellors would ordinarily laugh at the ancient language of England when the word Liberty of the Subject was named Though the Kingdoms Liberties were thus oppressed yet Peace continued and England seemed happie in that tranquillity until the fatal Coal which afterwards was blown into so great a fire through the three Kingdoms began to be kindled in the yeer 1637. by a designe which the King had upon Scotland which was as pretended to make a Conformity of Church-Worship and Ecclesiastical Government between the two Kingdoms of England and Scotland The dignity and pomp of Prelacie had been much of late promoted in England in pursuance whereof many temporal Offices and Honours were conferred upon persons Ecclesiastical many Ceremonies and Innovations brought into the Church and too neer approaches made in some points of Doctrine to the Romish Church and a great contempt thrown upon the other Reformed Churches in Europe Popery seemed to be much countenanced in the Court and by reason of the Queens great power with the King several Nuncio's from the Pope as Panzani Conn and Rosetti had been received with great honour in the Court of England The King had made great preparations for that work in Scotland and bestowed many temporal offices and dignities upon Bishops in that Kingdom In particular 11 of the Scotish Bishops being in all but 14 were made Privie Councellors But this displeased the Scots to whom Episcopacie it self was not acceptable and having been once thrown out of that Kingdom was not restored but by great endeavour and policie of King James A book of Lyturgie was sent by the King into Scotland in the year 1637. with an
strange a thing was the name of a Parliament grown But rational men did not like it that it should be deferred so long and that preparations for a War with Scotland went on in the mean time They were likewise troubled that the Earl of Strafford Deputy of Ireland a man of deep policie but suspected honesty one whom the King then used as a bosom-Councellor was first to go into Ireland and call a Parliament in that Kingdom besides the King at that time had broken up the Parliament in Scotland which the Scots complained of the business of State depending as a great breach of their Liberties and against the Laws of that Kingdom Upon which they sent some Lords into England to intreat the King to grant them a redress of such Injuries as they had received since the Pacification which were That their Parliament was broken off before any business done That Edinburgh-Castle was Garisoned with far more Souldiers then were needful That Dun-Britain-Castle was Garisoned with English Souldiers That the Scots that traded in England and Ireland were enforced to take new Oaths contrary to their Covenant and altogether contrary to the Articles of Pacification The King imprisoned those Lords sending one of them the Earl of Lowden to the Tower and commanded a Charge of Treason to be drawn against him concerning a Letter which the Scotish Covenanters had written to the King of France for his assistance and Lowden had subscribed but the accusation was frivolous easily answered and came to nothing because those Letters were not sent at all and besides it was before the Pacification upon which an Oblivion of all things was agreed although the King at the beginning of the English Parliament produced that Letter against them as a ground of his second War for now on the thirteenth of April the Parliament of England was begun before which time the Earl of Strafford was returned out of Ireland where he had held a Parliament and gotten four Subsidies The King was very urgent with his Parliament to give money to enable him for a War against Scotland and pay that Army and Officers which he had already raised he demanded twelve Subsidies of them for which he promised to release Shipmoney he promised them that he would afterwards redress the Kingdoms grievances but desired money in the first place to go on with his designed War It was answered by many Members of the House in several Speeches that redress of Grievances was the chiefe end of Parliaments and should go before Subsidies That the King asked a great summe of money for releasing of that which he had no title to hold but had taken illegally by power That the people had no reason to pay for a War which they desired not but abhorred a War not for their good but their own ruine that nothing was so just as to punish the contrivers of that wicked War But so strange was the obedience and complyance of that Parliament towards the King that although the money which he asked was against themselves yet they took the Subsidies into consideration but while they were debating the King whatsoever his reasons were whether he thought it a delay or not came into the House on the fifth of May and dissolved the Parliament The people were grieved in an extraordinary manner to see this Parliament so suddenly broken up and as much to see the King break his word so immmediately upon the dissolution of it for he protested in the House at that time that he would rule for the future as legally as if a Parliament were constantly sitting Yet nevertheless he imprisoned some Members the next day after Mr. Belosis Sir John Hotham and M. Crew he commanded the Lord Brookes his Study his Cabinet and pockets to be searched for Letters He Commanded the Convocation of Divines to continue their sitting an unexampled thing who by authority from him made Canons and imposed Oaths upon the people contrary to their Laws and Liberties The King to defray the charges of this War besides the Contribution of the Clergy and Papists issued out again Writs of Shipmoney in a greater proportion then before he seized the Bullion in the Tower and took up Commodities to be sold again at an under-rate and consulted about Coyning of brass-money but that went not forward But the War went on the Earl of Strafford commanding in chiefe the Earl of Northumberland not being in health who had been appointed General but the Scots had not been backward for having been debarred of their trade and lost their ships by seizure they entered into England with an Army expressing their intentions in writing to the English and bringing with them a Petition to the King But the King in this War found a greater want then that of Money which was the hearts of the Souldiers especially the common Souldiers who could not be easily brought to engage against the Scots as hating the Cause many of them mutinying against their Officers and Commanders which might be one cause that the War proved not so bloody and fatal as it was designed some Skirmishes but not very considerable happened at Newburn and at Dunsian not far from Barwick Thus proceeded this unhappie business until some English Peers Earls and Barons about twenty grieved at the dishonour which England suffered by the unhappie actions of the King made a Petition to him declaring in some part their former sufferings by illegal Government the dissolution of the last and other Parliaments the miserable condicion of the Kingdom at present the sad consequence of this wicked War desiring him to summon a Parliament within some convenient time where the Kingdoms Grievances may be redressed this War composed and the Authors of these wicked counsels punished Upon this Petition the King caused all the Lords to meet at York on the 24. of September And there told them his intention of calling a Parliament with all possible speed which was to begin on the 3. of November It was there also consulted and debated how to end this War upon fair termes and after some time spent between Lords chosen out of both Nations the matter was composed according to these Articles 1. A Truce or cessation of Arms was made for two moneths till the 16. of December 2. That 850. li. a day should be paid to the Scots during that Truce 3. That if it were not paid the Scots might force it from the Counties of Northumberland Cumberland Westmerland and Durham 4. That those Counties should be allowed the Scots for their Winter-quarters 5. No new preparations for War to be made 6. That private Injuries should not break the Truce so satisfaction were made upon complaint 7. That Merchants might freely traffique in either Kingdomes without letters of safe conduct but Souldiers without leave might not pass their limits Thus was the state of things altered and that VVar which was intended for an enslavement of both Nations became the bond of Concord between them and
and censures as by the rest of the Knights citizens and burgesses assembled in the Commons house of Parl. c. And the Sheriffs and other Officers and Persons to whom it appertaineth shall make returns and accept and receive the returns of such elections in like manner as if Writs of Summons had issued and been executed as hath been used and accustomed And in default of the Sheriffs and other Officers respectively in not accepting or making return of such elections it shall and may be lawful to and for the several Freeholders and other persons that have elected to make returns of the Knights c. which shall be as good and effectual to all intents and purposes as if the Sheriff or other Officers had received a Writ of summons for a Parliament and had made such returns any Writ c. to the contrary notwithstanding And in case any person shall be so hardy as to advise or put in execution any such Writs c. then he or they so offending shall incur the penalties contained in the Statute of Premunire made in the 16 year of Rich. the 2d. and be deprived of the benefit of the Law in any case c. And if any Sheriff Constable of the Castle of Dover or Lord Warden of the Cinque-Ports shall not perform his duty enjoyned by this Act then he shall lose and forfeit the sum of one thousand pounds and every county city cinque-port and borough that shall not make election of their knights citizens barons and burgesses respectively shall incur the penalties following that is to say every County the sum of one thousand pounds and every City which is no County two hundred pounds and every Cinque-Port and Borough the sum of one hundred pounds All and every of which several forfeitures and all other forfeitures in this Act mentioned shall and may be recovered in any of the Kings Courts of Record at Westminster by and in the Name of the Lord Major of the City of London for the time being by action of Debt Bill Plaint c. wherein no Essoin Protection c. shall be in any wise prayed granted or allowed And if any person after notice given that the Action depending is grounded or prosecuted upon or by vertue of this Statute shall cause or procure any such Action to be staid or delayed before judgment that then the said persons so offending shall incur and sustain all and every the pains penalties and forfeitures as aforesaid The fifth part of all and every the forfeitures in this Act mentioned shall go and be to and for the use and behoof of the City of London and the other four parts and residue to be employed and disposed to and for such only uses intents and purposes as by the Knights Citizens and Burgesses in Parliament assembled shall be declared and appointed And be it further Enacted That the said Knights Citizens and Burgesses to be assembled at any Parliament by vertue of this Act shall and may from time to time at any time during such their assembly in Parliament choose and declare one of themselves to be Speaker for the said Knights Citizens and Burgesses of the House of Commons assembled in the said Parliament as they shall think fit And it is further enacted That all Parliaments hereafter to be assembled by authority of this Act and every Member thereof shall have and enjoy all Rights Priviledges Jurisdictions and Immunities as any Parliament summoned by Writ under the great Seal of England or any Member thereof might or ought to have and have voices in such Parliament before and without the taking of the several Oaths of Supremacy and Allegiance or either of them any Law or Statute to the contrary thereof in any wise notwithstanding For Signing of this Bill thanks were given to the King at White-hall the same afternoon by both Houses of Parliament By this time being the end of December that Cessation of Arms which was spoken of before between the English and Scotish Armies was expired and by the Parliament now renewed for a month longer for the Paliament although the King as is said before called them Rebels and desired to have them driven out of England had a better opinion of them and at this time of renewing the Cessation ordered that the Scots should be recompensed for all their charges and losses by that mischievous war which the King had raised against them and within few dayes after examination of those losses and charges the Parliament ordered that the Scotish Ships taken since that war should be restored to them and 4000. l. in money given them to rig those ships it was further resolved by both Houses that the full sum of 300000 l. should be given to them in these words Towards a supply of the losses and necessities of our brethren of Scotland And that the Parliament would in due time take into consideration the manner of raising daies of Paiment for which three daies after the Scotish Commissioners then Resident at London gave thanks to the Parliament not only for that great Sum of 300000. l. but for the stile of Brethren which so kindly they had used towards them The Parliament of England as a further strengthning of the Nations amity Ordained at that time That all Books Libels and Proclamations against the Scots should be called in and a thanksgiving to God should be in all Churches of England for that happy Peace The payment of two Armies for so long a time was a great charge to the poor people of England which they without any grudging or repining at the King as cause of that great burden in hope to gain him for the future bore with exceeding patience they willingly parted with six Subsidies and were content with the taxation of Poll-money a personal assessment of the whole Kingdom wherein every Duke was assessed at 100. l. a Marquess at 80. l. Earls at 60. l. Viscounts and Barons at 40. l. Knights of the Bath at 30. l. Other Knights at 20. l. Esquires at 10. l. Men of 100. l. per annum at 5. l. every common head at six pence The King in February had declared to the Houses his intention concerning a marriage for his eldest Daughter the Princess Mary who was then betwixt 9 and 10 yeers of age the husband appointed for her was the yong Prince William of Nassau Son to Henry Prince of Orange a youth about 16 yeers of age the matter was then in agitation and fair Propositions made upon it to the King by the Ambassadors of the States General The Parliament were pleased with the marriage and not long after the yong Prince arived in England and was by the King and Queen with all the Court joyfully received and entertained at London After convenient time spent in the English Court he was upon the second day of May with great solemnity Married at White-hall to the Princess Mary On the tenth day of May Thomas Earl of Strafford who had
committed The Lords Justices Sir William Parsons and Sir John Burlace taking those Arms which they found in Dublin and arming whom they could on a sudden to defend themselves dispatched Letters to the King in Scotland and the Earl of Leicester then chosen Deputy but staying in England Money was wanting and no supplies neerer then England Owen O Conally the first discoverer of the Plot brought the first Letters to London upon receipt of which they rewarded Owen with a gift of 500.l and an annuity of two hundred pounds per annum and presently both Houses of Parliament met at a Conference and the House of Commons forthwith resolved into a Committee to consider of Irelands relief and also to provide for the safety of England for distractions began then to appear in England the Parliament every day considered of Irelands relief and presently ordered supplies of money to be borrowed of the City of London Victuals and Ammunition for that purpose But all relief could be but slow in such a sudden disease For the Rebellion encreased and spread through all the Kingdom and many Papists and ill-affected fled from Dublin into the Country to joyn with the Rebels whilest the City in their rooms was daily filled with poor spoiled Protestants who came naked and famished thither many of them being past relief and there perished in the City It were an endless thing to relate the pitiful condition of those woful people and what sad stories they there told concerning the bloody rage of those inhumane Irish Rebels and several tortures by which the unhappy English were brought to their ends But the Lords of the Councel and Lords Justices in a short time with those Arms of Dublin had armed many well-affected Gentlemen and sent many active Commanders out of the City to defend places neer against the approach of the Rebels About the middle of November were in Arms Sir Charles Coot Sir Henry Tichburn the Lord Lambert Sir Thomas Lucas Capt. Armstrong Capt. Yarner and the Earl of Ormond came to Dublin with an hundred Horse well armed At which time the Parliament of England till greater sums could be raised sent them over as a present comfort twenty thousand pounds But it was a long time before they could send over any forces to the relief of that bleeding Kingdom the first was a Regiment Commanded by Sir Simon Harcourt who arrived on the last of December 1641. While Ireland was thus miserably distressed the King returned out of Scotland into England and was entertained by the City of London with most pompous solemnity the whole multitude of Citizens distinguished by their several Companies in such costly Equipage as never before was known with Horse and Arms met the King and guarded him through the whole City to his Palace at White-hall Some condemned that costly entertainment of the City at such a sad time others hoped it might gain the Kings dubious affection to his people but it wrought a contrary effect in the King who began now to think he could never lose the love of the City whatsoever he did and was flattered by some with a hope that the City would assist him in curbing of the Parliament it self he grew therefore more disdainful toward the Parliament and to endear the City invited divers of the chief to Hampton Court where he feasted them and Knighted some But the honest Citizens perceiving that no good use was made of their dutiful expressions toward the King but that some bad people did openly say that the City were weary of the Parliament and would joyn with the King against it they framed a Petition to the Parliament wherein the contrary is professed and that they would live and die with the Parliament for the good of the Common-wealth While the King remained at Hampton Court the House of Commons presented him with a Remonstrance wherein the Grievances of the Kingdom are expressed but no fault laid upon himself in plain words but a Malignant party as they call them and evil Counsellors Irelands calamities seemed to be quite forgotten or rather that those inhumane Rebels were countenanced every body wondring that the King would not proclaim them Rebels and some honest Lords advising the King to proclaim them speedily that a better course might be taken against them they desired him to wash off that foul stain from himself by proceeding severely against those wicked villains who reported every where that they had authority from him to seize upon the Holds of the English Protestants that they were the Queens Souldiers and rise to maintain the Kings Prerogative against the Puritan Parliament in England they therefore advised him by all means to purge himself of that crime then which a greater on earth could not be But so strangely were things carried that although the Rebellion brake out upon the twenty third of October the King did not proclaim them Rebels till the first of January and then gave a strict command that no more then forty Copies of that Proclamation should be Printed and that none of them should be published till his Majesties pleasure were further signified so that a few only could take notice of it which made all men extreamly wonder when they observed the late contrary proceedings against the Scots who were in a very quick and sharp manner proclaimed and those Proclamations forthwith dispersed with as much diligence as might be thorow all the Kingdom But before this Proclamation came out the Parliament being somewhat troubled with some speeches of which they had been informed as if a Plot were contrived against them desired the King to allow them a Guard for security of their persons and that the Earl of Essex then Lord Chamberlain of his Majesties Houshold might be Commander of it But the King denied them a Guard giving them many fair promises of his care for their safety and that he would command such a Guard to wait upon them as he would be responsible for to Almighty God Three days after the Proclamation against those Irish Rebels being the fourth of January the King attended with about three hundred Armed Gentlemen came to Westminster and entring in Person into the House of Commons and seating himself in the Speakers Chair demanded five Members of that House to be delivered to him Mr. Hollis Sir Arthur Haslerig Mr. Pym Mr. Hamden and Mr. Strode Those five Members had by command of the House upon information of the Kings intent absented themselves Which the King finding went away after a short Speech delivered concerning them That he intended a fair Trial against them and that he was and would be as careful to maintain the Priviledges of Parliament as ever any King of England was He had the day before demanded them by his Atturney Sir Edward Herbert a Member of the House of Commons pretending a Charge of high Treason against them and with them against the Lord Mandevile a Member of the House of Lords But the Parliament did not think
fit to let their Persons go Whereupon the King sent and sealed up the Closets and Trunks of those five Members He made also a Proclamation against them for their apprehending and imprisonment as men guilty of high Treason This great breach of Parliament-Priviledge happened in a strange time to divert the Kingdom from relieving of Ireland and so the people every where complained and called to minde what they had heard by some of those poor Protestants who fled out of Ireland who reported that those Irish Rebels did confidently say It was for no purpose to sly for safety into England for that Kingdom would be as much distressed as theirs and that the King intended to forsake his Parliament in England and War against it which when he did they would come over having done their work in Ireland and help the King against the English Parliament Those things were sadly remembred On this occasion the Parliament voted that These things were an high breach of the Priviledge of Parliament a great scandal to the King and his Government a seditious act manifestly tending to the subversion of the peace and an injury and dishonor to the said Members there being no legal Charge or accusation against them And that there could be no vindication of those Priviledges unless his Majesty would discover the Names of those who advised him to such unlawful courses They therefore desired him to satisfie their legal desire in that to let them know their informers which by two Statutes then in force upon such occasions the King is bound to do but he refused to grant their request Upon which they committed his Atturney Sir Edward Herbert having been examined about it but confessing nothing for breaking the Priviledges of Parliament in prefering the Articles c. The King the next day after this entering into the House of Commons went through the City of London where the Citizens in many places flocking about his Coach humbly entreated him to agree with his Parliament and not to break the Priviledges thereof To which purpose they afterwards presented him with a Petition beseeching him for poor Irelands sake to accord with his Parliament to allow them a Guard and do right to the accused Members with other things of that nature expressed at large in that Petition The people about that time discontented with the Kings actions and those obstructions which they found in all businesses of Parliament used to flock to Westminster in great throngs though unarmed by way of Petitioning and many times to utter rude speeches against some Lords whom they conceived to be evil advisers of the King which howsoever it were meant proved of ill consequence to the Common-wealth and did not so much move the King to be sensible of his grieving the people as arm him with an excuse for leaving the Parliament and City for fear of what might ensue upon such tumultuous concourse of men Upon this ground twelve Bishops at that time absenting themselves entred a Protestation against all Laws Votes and Orders as Null which in their absence should pass by reason that they durst not for fear of their lives come to perform their duties in the House having been rudely menaced and affronted Whereupon it was agreed both by the Lords and Commons that this Protestation of the Bishops was of dangerous Consequence and deeply entrenched upon the Priviledge and Being of Parliaments They were therefore accused of high Treason apprehended and committed prisoners to the Tower Thus was the Parliament daily troubled with ill work whereby the relief of Ireland was hindered but other particular hinderances of Irelands relief then fell out which we shall express briefly When the Parliament were considering of Forces to be sent out of Scotland being a short cut many things happened to divert or delay it There was a Bill for Pressing of Souldiers to that purpose depending in the House of Peers which the King took exceptions at as to the putting of it into that way being as he said a diminution of his Prerogative but because he desired Ireland might be relieved he was content that a Bill should pass for that time with a Salvo Jure both to King and people This speech offended the Parliament who declared in a Petition that the King by taking notice of the debate in the House of Lords concerning the Bill for pressing of Souldiers had broken the fundamental priviledge of Parliament which he ought not to do concerning any Bill till it be presented to him in due course of Parliament for every Member hath free liberty of speech in propounding or debating and the King ought not to be displeased at him for such opinions or propositions For this great breach of Priviledge they desired reparation and that the King would make known who they were by whose evil Counsel he had done it that they might receive condign punishment It was then also desired that an Army of Scots should be sent into Ireland first but the Scotish Commissioners answered That they had no Commission from their State to send over a less number thither than 10000. The House of Commons consented out of Zeal to the Cause and Voted the sending over of ten thousand Scots But the Lords would not yield unto it unless the House of Commons would give assurance that ten thousand English should be sent over as speedily which was impossible to be done And no other reason given for this Opposition but that it was dishonorable for England that Ireland should be reduced by the Scots and that the Scots would make too great an advantage by it But this reason was not thought by honest men of weight enough to hinder so good a work when the cause of Religion and the deplorable estate of so many thousand poor Christians groaned for assistance A third Obstruction of Irelands Relief was thus Two thousand five hundred Scots were in readiness to be transported into the North of Ireland Concerning the condition of their going the Commissioners of Scotland delivered to the English Parliament eight Propositions Both Houses consented to all the Propositions but the King excepted against one of those Propositions which was the third in order That the Scots would have the keeping of the Town and Castle of Carrickfergus with power to remain there or enlarge their Quarters at discretion and if any Regiments or Troops in that Province should joyn with them that they receive Orders from the chief Commanders of the Scotish Forces This Article the King said that he doubted might be to the damage of England and therefore would have the Parliament think upon it again Nevertheless if they would have it so he would confer with the Scotish Commissioners about it The Scots answered the King That they were sorry that his Majesty being their native King should shew less trust in them then their neighbor Nation had freely done and should think that Article too much for them which both Houses of Parliament were pleased with The King
which favour they gave the King thirty thousand pounds This was that cessation of Arms so much spoken against by honest men in London for that reason especially that it was directly against a Law and the Kings faith for it was enacted by authority of Parliament the King also signing the Act in the year one thousand six hundred forty one That the War against those bloudy Irish Rebels should proceed untill it were declared by Parliament that Ireland were fully subdued and that no peace nor any cessation of Arms should be made with those Rebels without the consent of both Houses of Parliament Thus was assistance brought to either side to the King which he especially aimed at in this business that English Army which for almost a whole years space had fought valiantly and victoriously against those Rebels was now brought into England within five moneths after that cessation to fight against the Parliament of England but the cause being changed the fortune of those Souldiers was likewise changed for they had no success in England but within a short time after their arrival that whole Army was utterly defeated and all their cheif commanders with seventeen hundred common Souldiers were taken prisoners by Sir Thomas Faâ—rfax The Scottish Army that Winter following about the middle of January passing over Tweed came into England The Earl of Leven was General his kinsman David Lesley commanded the Horse the snow that fell at that time covered the ground in an unusual depth and as great a frost had congealed all the rivers but the heat of fighting was greater than the rigor of the air and the patience of Souldiers overcame the hard weather The Earl of Leven marched with his forces against the Earl of Newcastle who with a great Army possessed the Northern parts of England for the King nor did the War goe on with less vigour in other parts In the beginning of the Spring great Armies were raised on both sides and filled all the countries with terrour all the following Summer which fell in the year one thousand six hundred forty four they fought with equal fury and almost equal fortunes insomuch as that England by the dubiousness of success on both sides and sad vicissitude of calamitous slaughters was made an unhappy Kingdom The Kings fortune was susteined by brave Armies in the West under the Princes Rupert and Maurice in Wales under Gerard and others in the midland Counties under Sir Jacob Ashley an old Souldier other Armies were commanded by Sir Ralph Hopton and Colonel Goring and in the North the Earl of Newcastles great Army Nor were the forces of Parliament inferiour the cheif Army under the General Essex Waller commanded another the Earl of Manchester to whom Crumwell a stout and successful Souldier was joyned led a strong Army toward the North where the Lord Fairfax and his Son had good forces and Sir John Meldrum not far off the Earl of Denbigh a stout Commander was with a fair Party about Strafford and besides these the great Scottish Army At the beginning of that Summer the Parliament attempted a thing of great moment to besiege Oxford or at least to block up the King within that Town which was endeavoured by two Armies Essex on the one side and Waller on the other but the King deceived them both and with a few light Horse escaping out of the Town went to joyn with his greater Armies General Essex marched farther into the West but the expedition proved unhappy both to himself and the Parliament Waller followed the King but in vain for he could not hinder his designed March onely some skirmishes happened between parts of their Forces but nothing was done of any great moment until Waller returned with his force to encounter enemies in other places Various were the successes this Summer in most parts of the Kingdom in the West South and midland Counties the Kings forces prevailed above the Parliament which perchance had been ruined if the North had not made them amends with some atchievements besides one great Victory For Leve with his Scottish forces coming the last Winter into England besides the taking of some Towns and Forts had much weakened Newcastles Army lessening their number not by fighting but enduring the sharpness of that weather which the other could not so well doe To Leven the Lord Fairfax after Selby was so miraculously taken by valiant Sir Thomas Fairfax joyned himself with all his forces to whom also the Earl of Manchester after his Lincoln expedition came with a gallant Army Three Parliament Armies under three Generals Leven Manchester and Fairfax with great concord and unanimity had marched together and with joyned forces had besieged the great City of York whereof the Earl of Newcastle was Governour to raise the siege Prince Rupert was come with a great Army out of the South the three Generals left their siege to fight the Prince under him also Newcastle having drawn his forces out of York served who on a great plain called Marston Moore gave battel to the three Generals This was the greatest battel of the whole civil war never did greater Armies both in number and strength encounter or drew more bloud in one fight The Victory at first was almost gotten by the Royalists whose left Wing Fairfax his men being disadvantaged by the inconvenience of the ground had routed and put to flight the right wing of the Parliamentarians but this loss was more than recompenced in the other Wing where Crumwell who fought under Manchester charged with such force and fury the right wing of the Royalists that he broke the best Regiments which Prince Rupert had and put them all to flight Crumwel together with David Lesley pursued them and wheeling about with his Horse came opportunely to the releif of his oppressed friends in the other Wing where they ceased not until they had gained a compleat Victory and all Prince Rupert his Ordnance his carriages and baggage were possessed by the Parliamentarians After this Victory Rupert with the remnant of his forces fled into the South some of the Victorious Armies Horse in vain pursuing him for some miles the Earl of Newcastle with some of his chosen friends leaving York of which City Sir Thomas Glenham took the government went to Scarborough where within a while after he took shipping and passed into Germany The three Generals Leven Manchester and Fairfax after this great Victory returned to besiege York to whom that City soon after upon conditions was rendered after which they divided their forces and Leven with his Scottish Army returning into the North about the end of that Summer took the rich Town of Newcastle about the same time that the General Essex unfortunately managed his business in the West and having lost all his Artillery returned to London This Summer the Queen passed into France and used great endeavour to raise aid for the King her husband among the Roman Catholikes but those endeavours proved fruitless yet
by no means consent to the abrogation of Episcopacy not in the second place would he suffer the Militia to be taken out of his hands which he conceived to be a cheif flower of his Crown Yet he was contented that for three yeares it should be governed by twenty equally chosen out of both sides Lastly to the prosecution of a War against the Irish he could not consent having made a cessation of Arms with them which in Honour he could not break Thus nothing at all being done toward peace the War must decide it The Parliament hasten the modelling of their new Army The Earls of Essex Warwick Manchester and Denbigh freely and voluntarily lay down their Commissions The new modelled Army of the Parliament consisted of twenty one thousand namely fourteen thousand foot six thousand Horse and one thousand Dragoneers Sir Thomas Fairfax was made General Philip Skippon an excellent souldier was made Major General Colonels of the Foot Regiments were Holborn Fortescue Barclay Craford Ingolesby Mountain Pickering Rainsborough Welden Aldridge of Horse Regiments Sir Michael Levesâ—y Sheffield Middleton Sidney Graves Vermuden Whaley Fleetwood Rossiter Py. The King on the other side had great Forces under divers Commanders to whom he distributed several Provinces the Princes Rupert and Maurice with numerous forces possessed some of the Northern parts of the Kingdom others were held by the Earl of Derby and Sir Marmaduke Langdale Sir John Biron and Gerard held Wales and some adjacent Counties The West was wholly possessed by three Armies of his under the several Commands of Sir Ralph Hopton Sir Richard Greenvile and Colonel Goring All these three though Generals by themselves yet served under the name of Charles Prince of Wales as their supreme General But the King not content with so great a force of English Souldiers was more earnest than before to get over the Irish Papists with whom he had before committed the business to Ormund to make an absolute peace but when the King perceived that those Irish made too high demands and that nothing was effected by Ormund toward the peace in so many Treaties and so long a time he thought of another way which was to the Lord Herbert of Ragland Son to Worcester whom he had created Earl of Glamorgan a zealous Papist and therefore most acceptable to those Irish Rebels the King gave full power by his Letters to make a peace with and indulge to the Irish whatsoever should seem needful It seemed strange to all men when these things were brought to light which was before the end of that year that such a business should be carried on and yet concealed from the Lord Digby Secretary for Ireland and Ormund the Lord Lieutenant to whom the whole matter of that peace had been before committed But the King when he saw it too hard a thing otherwise to make such a peace as would bring a certainty of assistance from them that he might throw all that Envy upon Glamorgan impowred him unknown to the rest for so the Rebels sweetened with large promises unknown to Ormund might the better admit of conditions just in shew and openly excusable and the King might draw from Ireland such Souldiers as would more firmly adhere to his side and he might trust as being the greatest haters of English Protestants and despairing of pardon against the Parliament of England He therefore gave Letters of authority to Glamorgan in these words CHARLES by the grace of God King of England Scotland France and Ireland Defender of the Faith c. To our Trusty and Well beloved Cousin Edward Earl of Glamorgan Greeting Being confident of your wisdom and fidelity We do by these Letters as if under â—ur great Seal grant unto you full power and authority to Treat and conclude with the confeâ—erate Roman Catholikes of Ireland and to inâ—ulge to them all those things which necessity â—â—all require and which we cannot so commodiâ—â—sly do by our Lieutenant nor our Self publick-â—own at present Therefore We command that 〈◊〉 do this business with as much secresie as can 〈◊〉 whatsoever you shall think fit to be promâ—â—â—â— in my name that do I attest upon the word of a King and a Christian to grant to those Confederate Catholikes who by their assistance have abundantly shewed their zeal to us and our Cause Given at Oxford under our Royal Seal the twelfth day of March and twentieth year of our Raign Nor into England onely did he endeavour to bring those Irish but into Scotland which he effected to the great damage of that unhappy Kingdom by Montross about the beginning of the year 1644. when the Scottish Covenanters came into England to assist the Parliament Montross went to Oxford to the King to offer his service against the Covenanters in Scotland The King to fit him for that purpose created him a Marquess and gave him his Commission to be Lord Governour of Scotland and General of all his forces the King then also sent for the Earl of Antrim to participate with Montross his Councels who entering into a confederacy with him before the King engaged himself there that he would send to Montross the next April into Arguile where the passage is short into Ireland ten thousand Irish This promise at the appointed time Aâ—trim performed in part but was very deficient in the number of Souldiers for instead of ten thousand he sent scarce twelve hundred Irish into Scotland under the conduct of Macdonald Montross notwithstanding with these men with the addition of his Atholians made up a sufficient theeving Army and making sudden excursions he fell into the neighbouring Countries wasting all robbing houses and burning up the Corn where he came insomuch as that the State had need of great Armies to restrain his violence whilst the craggy Mountains of Atholia and rough woody places there gave safe retreat to his Highlanders and Irish In this manner did Montross for the space almost of two years lie within the bowels of his Country like a pestilent disease such were his retreats and so great his boldness in excursions that no less an Army than twelve thousand was thought sufficient to defend the Provinces against him But Montross was tossed with various turns of Fortune The first Summer after his arrival in Scotland he gave the Earl of Arguile a great blow through the negligence of his men where fifteen hundred were slain and taken by Montross whereupon the Parliament of Scotland raised an Army of ten thousand against him and the same parliament condemned Montross with some other Lords to be a Traitor and Enemy to his Country Montross afterwards received a great overthrow from Hurry and was enforced to fly to his craggy retreats and shortly after he was again beaten by Hurry near to Dundee and absolutely forced to hide himself in his old receptacles from whence notwithstanding on a sudden as shall be shewed anon he shewed himself and from a contemptible estate grown justly formidable he overwhelmed Scotland
we confess they are higher than we if our wish might have gone would have made them but seeing that no other way is left to cure the Kingdoms wounds and consolidate the ruptures between your Majesty and the Parliament We do in all humility and loyalty advise your Majesty that out of your gratious goodness you would assent to them as being the onely remedy left to procure a firm and happy peace from whence also many happinesses will accrue to you c. But neither this Oration of Londen nor all the endeavours of both Parliaments could after the Kings mind yet did not the Commissioners give over their hopes but persisted in intreating so that many moneths were spent in this business and the time consumed till the midst of Winter in which space they could not perswade the King to hear any Ministers of the Synod preach before him being constant onely to his own Chaplains Upon which they began to endeavour that amity might be preserved between the two Nations and that the two Kingdoms things standing as they did might be peaceably setled without the King Therefore after some debate between the Parliament of England and the Commissioners of Scotland they at the last agreed upon the aforesaid sum namely that two hundred thousand pounds should be forthwith paid to the Scots which mony being told out was by General Fairfax with part of his Forces conveyed out of London who afterwards committed the business to Major General Skippon He with six Regiments marched away in the midst of Winter and in January came to Newcastle upon Tine with the mony The Scots when they had received their mony according to the compact delivered up the English Garrisons Berwick Carlisle and Newcastle into the Parliaments hands and marched quietly home into Scotland they delivered also the King to the English Commissioners to be carried into the South Who was received with great respect and honour by the Earls of Pembrook and Denbigh and the rest of the Parliament Commissionerâ— and by them waited on with great observance and an honourable guard to his Palaâ—â— of Holmby in Northampton-shire Thâ—â—â— things were done in the Moneth of February at which time the Earl of Stanford Mr. Gâ—â—win and Mr. Ashhurst of the House of Commons were sent Commissioners by the Parliament into Scotland that at Edenburgh thâ—â— might treat with the Scottish Parliament about the Common Affairs Though the Kings party which had fougâ—â— against their Parliament and Liberties wâ—â—â— absolutely subdued yet a quiet liberty 〈◊〉 security could not be suddenly obtained the victory For the Civil War being ended dissention more than Civil arose among the Conquerors which seemed therefore more sad to all good men because it was between those who before had with most united affections and desires thrown their lives and Fortunes into the hazard against a common Enemy whom the same cause the same fervour of reforming Religion and restoring liberty and the same prayers had linked together in the nearest bond of conscience By this division under the names of Presbyterian and Independent still encreasing the minds of men began beyond all measure to be embittered against each other one side complained that the Covenant was broken the other that it was not rightly enterpreted by them nor so as that it could any way be a vindication of the cause undertaken or the publike Safety on both sides were men of great reputation Yet did they not at first so far dissent but that both sides seemed forward to vindicate the Common cause against the Kings party called Malignants It must be a longer time that must by degrees so far work upon the consciences of that side which seemed weakest as to make them cleave to the Malignants for a prop. The Malignants were ready to joyn with either side that they might ruine both They themselves though disarmed being now the greatest number especially by reason of the unconstancy of many men either upon particular grievances or the burden of Taxations A great number of the Citizens of London not of the meaÌ„est but highest rank had revolted from their former principles insomuch as that City all the Kings Garrisons being by Fairfax his bloudless Victories emptied thither became to be of that condition as that the Parliament without the Armies help could not safely sit there These dissentions of Presbyterian and Independent because the motives and intentions of men are not enough known our purpose is to touch with more brevity than the actions of open War and plain hostility though they also are here shortly mentioned It were a work of too much length and difficulty to recite how many Calumnies were raised by the other faction against the Army before so much admired as maintainers of the Independent faction How divers Petitions were drawn up and sub-scriptions eagerly sought in the County of Essex against this Army which was then quartered about Walden in the moneth of April And in the Parliament it self it was so far and in that manner debated concerning disbanding of that Army that they being now taught to value their own merits conceived themselves much injured and in the moneth of May presented a Petition to their General In which they desire to be satisfied not onely for their due pay as Souldiers but in things concerning belonging to them as free born sons of the Nation the publike liberties which they had fought for Of which Petition great complaint was made by those of the other Faction These and some other Alterations wrought at last so far as that the Souldiers about the beginning of June upon what design or what jealousies I leave to Judge took away the King from Helmby out of the Parliament-Commissioners hands and carried him along with them in the Army So that his person was to be in some Town or Palace neer to their Quarter When this was known it was ordered by both Houses of Parliament and their order sent to the General 1. That the King should reside at Richmond 2. That he should be attended by the same persons that he was at Holmby 3. That Rossiters Regiment should guard him But the next day from the General and his Councel of Officers was brought to the Parliament an Impeachment against eleven Members of the House of Commons viz. honoured names many of them Hollis Stapleton Waller Glyn Massey Maynard Lewis Clotworthy Long Harley and Nichols Wherein divers things were objected concerning hindering the Releif of Ireland obstructing Justice and acting somewhat against the Army and the Laws of England The Impeached Members declared themselves ready to answer to any crime that could be objected against them But another request came from the Army that those Impeached Members untill they had brought in their answer might be secluded from their Seats in Parliament This at the first was not granted as a thing judged to be too high and too much against the priviledge of Parliament But when the Army iterated their desire those accused Members
disorderly fellows came into them they remained all night in a whole body filling the City with fears so that the Lord Major a man cordial to the Parliament was enforced to escape privily out of his House and flye into the Tower In the morning General Fairfax to crush this mischief in the beginning before the wound were grown incurable by the concourse of wicked men sent a part of his Army into the City who vanquishing the Seditious and driving them into Leaden Hall of whom some they carried away Prisoners with great valour and no less prudence quieted the Tumult For delivering the City from so horrid a danger thanks were given to the General both by the Parliament and the honest sober Citizens and a thousand pounds in money given as a gratuity to the Souldiers In the very Petitions also at that Malignant time nothing but sedition War was contained as appeared in those of Surrey and Kent From Surrey about three hundred came to Westminster on the twenty sixth of May bringing a Petition to the Parliament in which they did not so much entreat as command in high words That the King should presently be restored to his former dignity and come to Westminster with Honour Freedom and safety to treat personally there about all Controversies that the Army should presently be disbanded and the free people of England be governed by their known Laws and Statutes with other things of this nature Nor would these Surrey-men that brought the Petition endure any delay no not so much as till the Parliament could debate about it but being extream insolent cursing and railing openly at the Parliament they set upon the Souldiers who were their guard of whom some they hurt and one they killed Upon which a troop of Horse from the Mews and some Foot were sent to help their Fellows who soon vanquished and scattered those Country Fellows and slew some of them This was the end of that seditious Petition of Surrey At that time the Kentish-men were coming with a Petition of that nature who being in number of a good Army seemed afar off to threaten the Parliament They had been the more stirred by reason of a severe punishment of some of their Country-men who had lately raised a sedition about Canterbury against these Kentish-men the Parliament provided no smaller defence then the General Fairfax himself who with seven Regiments marched away to Black Heath neer Greenwich of whose success we shall speak afterwards The Parliament had before designed that General Fairfax should march into the North to defend those parts but nearer dangers detained him in the South For at this time scarce any part of England was quiet in every place tumults insurrections and Wars were threatned To quell all these which was wonderful one onely Army sufficed by the great blessing of God upon it Which Army as when it was conjoyned in one year Anno Dom. 1646. it quite vanquished and broke all the Kings flourishing strength and reduced the Kingdom to the obedience of Parliament so at this time with no less fortitude and felicity being divided into parts in all corners of the Kingdom it continued Victorious so that fortitude and fortune might seeme in that Army as the soul in an humane body to be all in the whole and all in every part For besides those light and soon-suppressed insurrections of Suffolke in the East and of Stamford in the mid-land part by Col. Wait and others and of Cornwal in the West by Sir Hardresse Waller more great and formidable insurrections happened in the Northern parts and in Wales In the beginning of May the North was infested by some of the Kings Commanders Sir Thomas Glenham who had before governed so many Garisons of the Kings as Carlisle York and Oxford and lost them all had now with no better success seized upon Carlisle And at the same time Sir Marmaduke Langdale of whom we spake before had seized upon Berwick and fortified it The strong Castle also of Pomfret was then taken by the Royalists who by treachery had slain the Governour thereof To manage these Wars in the North Lambert a stout Commander and Major-General of those Counties was left with some Regiments of the Fairfaxian Army But dangers of a more horrid degree seemed to threaten the Parliament in Wales not onely from ancient and formerly-vanquished Enemies but those who had before been Parliament-Commanders and had now forsaken their side and cause namely the Colonels Poyer and Powel and him that had so often so well deserved of the Parliament Laughorn himself Poyer who had hitherto kept the Town and strong Castle of Pembrook for the Parliament now strengthned by the concourse of malignant people with great animosity maintained it against them Laughorn a Commander of great esteem in those parts had raised a gallant Army under whom Colonel Powel served In a small time the Welch coming in apace to him Laughorns Army was so increased that he mustered 8000. Both Laughorn Poyer as it afterward appeared entred into this War by a Commission received from Prince Charles whose Auspicy proved no better then his Fathers Colonel Horton with a small part of the Fairfaxian Army and some other raised forces went against them with three thousand men But it pleased God the giver of all Victories that the success was not according to the number for Horton on the eighth day of May between the two Towns of Fagans and. Peterstone encountring with Laughorn totally routed and put to flight his whole Army consisting of eight thousand Horse and Foot A great slaughter was made upon the place and the number of Prisoners being three thousand equalled the number of the Victorious Army among whom were taken about an hundred and fifty Officers a great number of Colours and quantity of Arms with all their Ordnance There was scarce a more happy Victory as the condition of things then stood to the Parliament then this of Hortons for which by order of Parliament a publike thanksgiving to God was celebrated Laughorn and Powel escaping by flight got to Poyer into Pembrook Castle Cromwell himself about the beginning of May was sent into Wales with some Regiments who on the eleventh day of that moneth came to Chepstow Castle which he resolved to besiege but hastening to Pembrook he left Colonel Ewer at Chepstow who within fifteen days took that Castle and killed Kemish to whom before the place had been betrayed and Cromwel on the twentieth of May came to Pembrook Poyer relying on the strength of the place refused all conditions knowing besides that time was now pretious to the Parliament being then entangled in so many difficulties at once But Cromwel not being accustomed to despair of any thing prepared for the Siege being much furthered in his work from the Sea by the great industry of Sir George Ayscough who commanded there a squadron of the Navy Sir George Ayscough with much care and diligence from time to time
been committed to the Tower six months before was beheaded Of this man of the crimes laid to his charge as likewise of his Pompous and remarkable trial we cannot but make some mention About the end of January a charge was read against him in the House of Commons consisting of nine Articles out of which by subdivision were branched many more which though too tedious to be verbally here set down I shall deliver by expressing the contents He was accused for ruling Ireland and the North of England in an arbitrary way against the Laws For retaining the Kings revenue without account For encreasing and encouraging Popery For maliciously striving to stir up and continue enmity betwixt England and Scotland of which some particulars are exprest For laboring to subvert Parliaments and incense the King against them Upon which occasion Mr. Pym a Member of the House of Commons in his Speech and Declaration to the Lords shewing the quality of the offence spake as followeth It is an offence comprehending all other offences in that he governed contrary to Law the Law is that which puts a difference between good and evil It is the Law that doth intitle the King to the Allegeance and service of his people it intitles the people to the protection and justice of the King It is God alone who subsists by himself all other things subsist in a mutual dependence and relation He was a wise man that said That the King subsisted by the field that is tilled it is the labor of the people that supports the Crown If you take away the protection of the King the vigor and cheerfulness of Allegeance will be taken away though the obligation remain The Law is the Boundary the Measure betwixt the Kings Prerogative and the peoples Liberty Whiles these move in their own Orb they are a support and security to one another The Prerogative a cover and defence to the Liberty of the people and the people by their Liberty are enabled to be a foundation to the Prerogative but if these bounds be so removed that they enter into contestation and conflict one of these mischiefs must needs ensue If the Prerogative of the King overwhelm the Liberty of the People it will be turned into Tyranny If Liberty undermine the Prerogative it will grow into Anarchy The Law is the safeguard the custody of all private interest Your Honors your Lives your Liberties and Estates are all in the keeping of the Law without this every man hath a like right to any thing and this is the condition into which the Irish were brought by the Earl of Strafford And the reason which he gave for it hath more mischief in it than the thing it self THEY WERE A CONQUERED NATION There cannot be a word more pregnant and fruitful in Treason than that word is There are few Nations in the world that have not been Conquered and no doubt but the Conqueror may give what Laws he please to those that are Conquered But if the succeeding Pacts and Agreements do not limit and restrain that right what people can be secure England hath been Conquered and Wales hath been Conquered and by this reason will be in little better case than Ireland If the King by the Right of a Conqueror gives Laws to his people shall not the people by the same reason be restored to the right of the Conquered to recover their Liberty if they can What can be more hurtful more pernitious to both than such Propositions as these A little after Such arbitrary power is inconsistent with the peace the wealth the prosperity of a Nation to industry to valor c. For who will take pains for that which when he hath gotten is not his own Or who will fight for that wherein he hath no other Interest but such as is subject to the will of another The ancient encouragement for men to defend their Countries was this That they were to hazard their persons in defence of their Religion and their Houses but by such arbitrary wayes as were practised in Ireland and counselled here no man had any certainty of either or of any thing else c. Such arbitrary courses have an ill operation on the courage of a Nation by embasing the hearts of the people a servil condition doth beget in men a slaves temper and disposition shall it be Treason to embase the Kings Coyn though but a piece and must it not needs be the effect of a greater Treason to embase the spirits of his Subjects c. A little further As it is a Crime odious in the nature of it so it is odious in the judgment and estimation of the Law to alter the settled frame and constitution of government is Treason in any estate The Laws whereby all other parts of a Kingdom are preserved should be very vain and defective if they had not a power to secure and preserve themselves The forfeitures inflicted for Treason by our Law are of Life Honor and Estate even all that can be forfeited and this prisoner having committed so many Treasons although he should pay all these forfeitures will be still a Debtor to the Common-wealth Nothing can be more equal then that he should perish by the Justice of that Law which he would have subverted Neither will this be a new way of blood There are marks enough to trace this Law to the very original of this Kingdom And if it hath not been put in execution as he allegeth this 240 yeers it was not for want of Law but that all that time hath not bred a man bold enough to commit such Crimes as these which is a circumstance much aggravating his offence and making him no whit less liable to purishment because he is the only man that in so long a time hath ventured upon such a Treason as this The Commissioners of Scotland then resident at London had a charge also against this Earl for matters done against their Nation which were notwithstanding implied in the Parliaments Charge To this Charge the Earl gave in his Answer in the House of Lords where the King himself was present at the reading of it upon the 23 day of February but his trial in Westminster Hall began on the 22 day of March following and was a most memorable fight The Hall was Scaffolded on both sides to contain the whole House of Commons sitting there in a Committee the Peers sate all there besides the Commissioners from Scotland and besides other spectators and auditors and a great number of the Lords of Ireland The Earl of Arundel was Lord high Steward and the Earl of Lindsey Lord high Constable the King himself sate privately in a close Gallery every day taking Notes in writing of what passed in the tryal Fifteen dayes the Earl answered personally from the 22 of March with few dayes intermission till the 16 of April Misdemeanors in an high degree were proved against him but that which the Earl labored to maintain