that by the words in the Bill No man can be charged a Traitor by one that is guilty in his own particular and so is not tied to be Defendant nor to answer such a Bill Secondly the incertainty and doubtfulness of the words in the Charge so that till the Court doth censure them to be treasonable the Defendant is not tied to answer Thirdly the Appellant refers the Combate till the last if he cannot in the mean time prove the Charge by any other ways then he offers to make it good by his Body So then the Defendant may forbear his Answer and decline the Combate And now my Lords said he I humbly shall acquaint you with the Defendants answer to me in private which was That though in Law he might yet in honour and innocency he would not decline the Combate but being his own consent his Advocate hath the less to say for him And so time was given for Rey's Replication till Friday after Reys Councel moved whereas Dr. Eden had excepted at some words in the charge he answered that whoever was accused of Treason was not to insist how polluted the answer was but how to approve and clear himself Then to refer the Combate to the last was well done ultimum refugium to expose his life for God the King and his Countrey This Speech being somewhat peremtory and directory to the Court he was told That the Court needed not his direction as to the Tryall of Combate their wisdoms would consider of that when it was time and so the Court adjourned both parties being admitted to have common Lawyers but to plead onely by Civilians This day come Rey appears as before But Ramsey in a new suit of Ash-colour cloth opened with scarlet colour the cloke scarlet cloth lined with ash coloured velvet and the whole suit and cloke overlaid with silver and Sky coloured lace The former proceedings were read by the Register and thereupon the Appellants Replication presented to the High Constable in effect That Ramsey in his answer had cunningly slipt over a part of the charge which was that the Lord Rey protested he was not ingaged in Wars for want of subsistence and therefore would not hazzard in any designe without sure knowledge upon which words depends much of the matter and main of that part of the Bill And so ripping up the several charges of the Bill the strength reasons and likelihood and the defendants defects in not clearing the chief points they went on with the Councel It was his part to inforce the charge against Ramsey to this effect He observed That the first day Ramsey denied all the charge whilest he stood upon positive resolution but afterwards his Councel brought him to particulars and taught him to Answer superficially first he knew nothing and yet now so much No doubt there was some stranger enterprize by the Marquesse Hamilton then to serve the King of Swede by Ramseys professing that Hamilton was a Protestant and bore Arms for Religion not caring with whom to grapple from hence observing That they intended somewhat to attempt of themselves Ramsey stiled the Marquesse his Master in discourse and in many of his Letters produced much of the discovery by Rey was to fish out of Ramsey the truth of his doubtful words How unlikely it was that Rey having two Regiments of old Souldiers Captain of the King of Swedes Dragoons in good pay for all should offer to serve Hamilton who was to be commanded by the King And that Ramsey might decline the Combate or forbear answering till the last was a strange opinion of Councel because combate was to be reserved till all other means of discovery fayled and therefore Rey his reasons were supplimental proofs and requesting Meldrams testimony but however he was now ready if the Court thinks fit to give the Combate presently And concluded with an example in case of Murther Two men fight in secret the one is slain the other flies and though without any witnesse of the fact his seeking to escape condemns him guilty So Ramsey having been accused of Treason above three Moneths by the Lord Rey and both confined Ramsey dispairing of his cause seeks his flight from Justice by sending to Rey a private challenger being a sufficient conviction in Law as by ancient Presidents in this Court viz. Kiteles after an Appeal seems a challenger to Scroop and was therefore adjudged guilty Doctor Duck Answered to all That first It was prudence for Ramsey to answer in general Negatively having been newly landed from Sea and might be excused till time and consideration to refresh his memory being not upon Oath And as yet the defendant need not answer perfectly till further time and favour to view the Exhibits in Court by copies which he desires And directly urged against the Lord Reys Replicâ—tion not to be allowed Because Rey referring himself now to Proofs might have saved the trouble of this Court of Honour and Chivalrie and hazzard of their Persons by Combate which intends the Trial without proofsâ— And that the Defendant having ingaged his sureties but to this day He humbly desires the time and place to be ordered for the sudden Combate according to the Law of Arms and custom of this Court Saying that the Duel foreseen must ensue upon the Appeal and Denial and therefore ought now to be granted Doctor Reeves moved for continuance of the Replication and consented to the Combate The Court admitted the Replication and ordered time till Wednesday for Exceptions thereto Doctor Duck offered some reasons to satisfie Rey and extremely to censure Ramsey where he was interrupted and told by the E. Marshall That the Court will save him the labour and councel till the Rejoynders be put in and then to be Ordered Doctor Eden shewed that the copies of the Letters Exhibited were not given out Nor shall sayes the Earl Marshal till the court have considered of the contents and so they were read The one was from Ramsey to Rey certifying him of passages in the Low-Countreys since their parting to put the Marquesse in minde of directing him how to dispose of the Ammunition and Arms in his custody subscribed  your servant Ramsey The other from the Lord Marquesse to the Lord Rey congratulating his love and affection expressing a great desire to meet him in Germany upon any terms he would propose And that Ramsey the Bearer was instructed for him to Treat with the King of Swede whom he desires to favour and assist which will oblige him his  friend and servant Hamilton Doctor Duck opened the whole matter and each particular Insisting That my Lord Reys evidence being for the King and he a person of Honour and Peer of Scotland his testimony was sufficient And moves that Mr. Meldram might be admitted for supply for though they were not joynt witnesses together of the words which made the charge yet for as much that they were
Kings Bench in Westminster-hall where a Theatre was erected in height equal with the Bench covered over with green Cloth In the upper end was placed the Tribunal Chair of State for the High Steward on either side the Peers of the Realm and under them the Iudges in the lower end against the State were the Kings learned Council and at their backs two Pews lifted up to face the Court for the Prisoner and his Keeper and in the midst of the Court a place of descension for the Clerk of the Crown and his Assistant where they all met between eight and nine of the Clock that Morning First the Clerk of the Crown and the Iudges the Lieutenant of the Tower and the Prisoner retiring into a Room near hand then the Peers seven and twenty in number those of the Garter order wearing their Coller of Esses about their neck the chiefest of them were Weston Lord Treasurer Earl of Manchester Lord Privy Seal Arundel Earl Marshall of England and so the rest Then enters the Lord High Steward his Grace in a black Velvet Gown trimm'd with Gold Buttons and Lace before him 7. Maces of State born by the Serjeants at Arms attended by Sir Io Burroughs Garter principal King of Arms and Maxwel Usher of the Black Rod. The Judges Assistants for Counsel in case of Law were Sir Nicholas Hide Chief Justice of the Kings Bench Sir Thomas Richardson Chief Justice of the Common Pleas Sir Humphrey Davenport Chief Baron of the Exchequer and Baron Denham four Judges Iones Hutton Whitlock and Crook The learned Council were Sir Robert Heath Attorney General Sir Richard Chelton Solicitor General Sir Io Finch the Queens Attorney General and Sir Thomas Crew Serjeant at Law Sir Thomas Fanshaw Clerk of the Crown and Keeling his Assistant The Clerk of the Crown presented his Grace with the Patent of his Place of Lord High Steward of England After O yes he delivered the Patent to the Clerk of the Crown who read it and returned it back The Black Rod kneeling down presented him with the White Staff or Verge of State After a second O yes his Grace gave leave to the Peers to be covered and Proclamation made That the Judges should bring in as by Writ commanded all the Records touching the Earls Arraignment and the Peers answered particularly to their several names After the third O yes the Lieutenant of the Tower brought in his Prisoner into their powers and his Warrant being read his Grace addressed himself to the Peers My Lord Audley said he for so he stiled him as a Baron of England and not by his Creation of Earl Castlehaven being a forreign Title of Ireland by which Title onely he could not be tried by the Peers the Kings Majesty is given to understand both by report and also by Verdict of divers Gentlemen of quality in your County that you stand impeached of sundry Crimes of a most high and hainous nature and therefore he brings you this day to trial doing therein like the Almighty King of Kings in the eighteenth of Genesis who went down to see whether the sins of the Sons of Sodome and Gomorrah were so grievous as the cry of them that came before him And Kings on Earth can have no better Patern to follow than that of the King of Heaven and so hath summoned by special command these your Peers either to acquit or condemn you they being so noble and so just so indifferent Iudges for his Majesty desires that your Trial should be as equal and upright as Iustice it self wherefore you may speak boldly and confidently without fear to clear your self and so to be set free but if otherwise your own conscience accuse you give the honour to God and the King by confessing the truth without shifts or subtilties against it which are but Consilia adversus Dominum May it please your Grace said Audley I have stood committed close Prisoner six moneths without Friends or Counsel deprived of the knowledg of the particular circumstances of the Crimes laid to my charge unskilfull of the advantages or disadvantages of Law and but weak to plead at the best and therefore desire liberty of Counsel to plead for me Your long Imprisonment said his Grace hath been rather a favour for conveniency to bethink your self and you shall have all possible favour in this your first demand in which the Iudges shall satisfie you as in all other your deâ—ires in the prosecution of your Trial. The Judges gave opinion that in principal Causes Counsel is not to be allowed for matter of Fact but for matter of Law it may His Grace commanded the Clerk of the Crown to reade his Indictments being three in number The first for a Rape by assisting Brodway his own Servant to ravish his Wife the Countess of Castlehaven The other two for Sodomy committed on the Body of Brodway and on Fitz Patrick his Footman To which he pleaded Not guilty c. And therefore his Grace said thus to the Peers My Lords the Prisoner is indicted of Rape and Sodomy and pleads Not guilty My duty is to charge you with the Trial Yours to judg The Cause may move pity in some detestation in all but neither of them may be put in the Scale of Iustice for a Grain on either side sways the Ballance Let Reason rule your affections your heads your hearts to heed attentively and weigh equally In the right course the Iudges will direct you if doubts arise Ye are not sworn how to proceed the Law supposeth your integrity to Iustice which others are compelled unto by Oath And so God direct you Crew opened the Indictments and so was seconded and by turns all the other but the Attorney General proceeded in brief that the Crimes were far more base and beastly than any Poet invented or History ever mentioned Suetonius indeed sets out the Lives of Heathen Emperours whose Sovereignty had no Law to question their Power nor Religion to bound their wills from acting any Crimes And here ravelling into his former debauched life and profession of Papistry digressing from the matter of the Indictments the Prisoner desired that his Religion nor other circumstances not conducing to his crimes charged might be spared But he was told to forbear to interrupt the Council till the time fitting to make answer And so the Attorney went on with his Religion bred up a Protestant and after fell to Papistry for more liberty in evil or rather of both Professions or of either or of none at all Cor quod ingreditur duas vias non habet successum In the morning at a Mass afternoon at a Sermon believing in God thus basely God left him at the last to his lusts and so to Atheism to work wickedness without hope of Heaven or horrour of Hell His moral actions beyong imagination wicked for though he married this Lady as noble in birth as great in fortune so soon as
enforcing compositions so then if a Nusance compounded for 't is a hurt to the People if no Nusance then it is used to the parties prejudice The Commission for Buildings about London was presented as a Grievance in the time of King James now much more increased and more prejudicial The Commission for Depopulations began some few years since by both these Commissions the Subject is restraâ—red from disposing of his own demolishing their houses punishing and fining their persons so that they are still liable by Law for the King cannot licence a Nusance and although these are not Nusances yet it is an ill consequence to be compounded for and to make a President for Kings to licence such things as are Nusances indeed Military charges ought not to be laid upon the people by Warrant of the Kings hand nor by Letters of the Council-table nor by Order of the Lords Lieutenants of Counties nor their Deputies It began to be practised as a Loan for supply of Cote and Conduct-money in Queen Elizabeths time with promise to be repaid it as appears by a constant Warrant in the Exchequer and certain payments but now adays never repaid The first particular brought into a Tax was the Muster-masters Wages which being but for small Sums was generally digested yet in the last Parliament it was designed to be remedied but now there follows Pressing of Men against their wills or to finde others Secondly Provisions for publick Magazines for Pouder Spades and Pickaxes Thirdly Salary of Officers Cart-horse and Carts and such like The Extrajudicial Declarations of Judges without hearing of Council or Argument a seeming Grievance of many others Monopolies countenanced by the Council-table and the clause in their Patents of Monopoly commanding the Justices of Peace to assist them whereby the great ability of the Council receive a stain by such matters of so mean a report in the estimation of Law so ill in the apprehension of the people The High Court of Star-chamber called in the Parliament Rolls Magnâ—â— Concilium to which the Parliaments were wont to refer such matters as they had not time to determine A Court erected against Oppression A Court of Counsel and a Court of Iustice now an Instrument of erecting and defending Monopolies to set a face of publick good upon things pernicious Soap Ship-money c. This great and most eminent power of the King Edicts Proclamations called Leges temporis used heretofore to encounter with sudden and unexpected danger till the great Council of the Kingdom could be called hath of late been exercised for enjoying and maintaining Monopolies But the last and greatest Grievance lead him to step higher even as high as Heaven as high as the Throne of God his Word and Truth The ambitious and corrupt Clergy preaching down the Laws of God and Liberties of the Kingdom pretending Divine Authority and absolute power in the King to do what he will with us and this preaching is the high way to preferment as one Manwaring sentenced the last Parliament then a Doctor now a Bishop preferred for his Doctrines The Intermission of Parliaments contrary to the Statute to be called once a year the main cause therefore of all mischiefs to which Parliaments give remedy That these Grievances are hurtfull to the King as to the Subjects By interrupting their communion they have need of his general pardon and to be secured from Projectors and Informers to be freed from absolute Laws and from the subtil Devices of such who seek to restrain the Prerogative to their own private advantage and to the publick hurt And the King hath need of them for counsel and support Queen Elizabeths victorious Attempts were for the greatest part made upon the Subjects purses and not upon hers though the honour and profit was hers That these Discontents diminish the Kings reputation abroad and disadvantage his Treaties and weaken his party beyond Seas by encouraging Popery by forcing the Subjects to leave the Kingdom to the prejudice of the Kings Customs and Subsidies of divers Clothiers forced away who set up their Manufacture abroad to the hurt of the Kingdome The King hath received upon the Monopoly of Wines thirty thousand pounds Rent per annum the Vintner pays fourty shillings a Tun which comes to ninety thousand pounds the price upon the Subject by Retail is increased two pence a Quart which comes to eight pounds a Tun and for fourty five thousand Tun brought in yearly amounts to three hundred and sixty thousand pounds which is three hundred and thirty thousand pounds loss to the Kingdom above the Kings Rent Now the Remedies and removing these Grievances consists of two main Branches in declaring the Law where it is doubtfull and in provision for the execution of the Law where it was clear but these he referred to a further time but for the present he advised speedily to desire a Conference with the Lords and always to humble themselves to Gods assistance c. The Lord Digby excusing his County Dorset for whom he served not that they needed Complaints because without Petition or want of a Servant to present them boldly and therefore have intrusted those to him which he ranged into six Ranks 1. Ship-money 2. Levying of Souldiers 3. Monopolies 4. The new Canon-oath 5. Imposed upon all Ministers illegally 6. Requiring a Benevolence under penalty of Suspension Excommunication and Deprivation Thus much from them that sent him but begins from himself that sits there to have privilege and freedom of speech or to what end to speak at all where he said no more than had been told them often before somewhat too smart upon the Bishops concerning the Acts of their New Synode made of an old Convocation to presume to grant a Benevolence to the King a Malevolence in those against the Parliament and a Malevolence in the Refusers against the Bishops with a penalty of no less loss than Heaven and Earth Heaven by Excommunication Earth by Deprivation and these without Redemption or Appeal And calls the Oath a Covenant against the King for Bishops as the Scots Covenant is against the King and Bishops and in that of the other so much worse than this He could tell them of his own Counties griefs but single Laments are hardly distinguishable in universal Groans It hath been excused That what Money Kings raise from Subjects were but as Vapours drawn up by the Sun to be distilled in fructifying Showres But the Metaphor holds out unhappily to them of late years What hath been violently exhausted from the Subject by violent Attractions hath been formed into Clouds but how To darken the Sun's lustre and to light upon the Land onely in Hail-stones and Mildews to batter our Liberties and blast our affections had not the latter been kept alive by our Sovereigns perpetual virtues which will ever preserve him in spight of evil Counsellours a sacred Object of Admiration and Love
Covent-garden when a Messenger coming to him from his Majesty he answered that he was then as he saw imployed in Gods service which as soon as he had done he would attend upon the King to understand his pleasure But the King spending the whole After-noon in the serious debate of the Earl of Strafford's case with the Lords of the Council and the Iudges of the Land he could not before Evening be admitted to his Majesties presence when the Question was again agitated Whether the King in justice might pass the Bill of Attainder against the Earl of Strafford For that he might shew mercy to him was no question at all no man doubting but that the King without any scruple of conscience might have granted him pardon if other reasons of State in which the Bishops were neither made Iudges nor Advisers did not hinder him the whole result therefore of the determination of the Bishops was to this effect That herein the Matter of Fact and the Matter of Law were to be distinguished that of the Fact he himself might make a Iudgment having been present at all the proceedings against the said Lord where if upon the hearing of the allegations on either side he did not coâ—ceive him guilty of the crime wherewith he was charged he could not in justice condemn him But for the Matter of Law what was Treason and what was not he was to rest in the Opinion of the Iudges whose office it was to declare the Law and who were sworn therein to carry themselves indifferently betwixt him and his Subjects which gave his Majesty occasion to complain of the bad dealing of the Iudges with him not long before that having earnestly pressed them to declare in particular what point of the Earls charge they adjudged to be Treason for as much as upon the hearing of the proof produced he might in his conscience perhaps finde him guiltless of that Fact he could not by any means draw them to name any particular but that upon the whole matter Treason might justly be charged upon him And in the second Meeting at night it was observed that the Bishop of London spake nothing at all and the Bishop of Lincoln not onely spake but sent a Writing into the Kings hands wherein what was contained the rest of his Brethren knew not So much writes the Arch-bishop Some of these passages are dispersed in the Observatour observed but not credited by the Authour of the Observatour rescued receiving it onely upon the Historians bare affirmation but by this Testimony it may be hoped he will be of more moderation notwithstanding he hath there shewn much disaffection to the Primate in endeavouring to his utmost to evade divers of those particulars either in giving the worst sense of them or turning them to other ends wherein he doth not onely obscurely fall upon this reverend Primate but injuriously detracts from a very worthy man Doctour Potter Bishop of Carlile and that after his death Dr. Cosens hath given him a better Example who heaâ—ing in France of the Primate's Funeral and what had been then said of this subject writes thus to his Friend I am glad to hear my Lord of Armagh was carried with so much honour to his Grave who yet deserved far more than was given him I never believed that he perswaded the King to put the Deputy of Ireland to death for he satisfied me against the common Report in that matter long since himself the world will hereafter know who it was c. Neither do I finde any thing in the late Kings Book in that Meditation as followeth concerning the Earl of Strafford that hath any such necessary inference that way either as to him or any of his Profession And for the note put upon the person to be one that had been harrased and crushed by the people I see not how it might be appliable to him his loss being by that Rebellion in Ireland and by the Parliament here he had an Allowance and had more esteem from â—â—em than others of his Profession What the Observatour took upon trust in some mistaken Notes given him of Doctour Bernard's Sermon concerning this subject â—â—er the spending some sharp language upon him he puts afterwards into Errata of Advertisements and Additions and so I pass it over So then thus far we may be satisfied There were but four Bishops at the first London Lincoln Durham and Carlile and at night five Bishops the Arch-bishop of Armagh making one the judgment of the Judges and the opinion of the Bishops formerly set down answer in effect to the controverted Disputes But it seems from all the Controversions to be thus concluded that the Kings former promise to save the Earl was at last and that absolutely the Kings desire to be satisfied therein whereupon say I the Bishop of Lincoln finding the Kings pulse to beat upon that string and knowing that four days before not that morning the Earl had writ a long Letter to the King concluding to solve his Majesty from that promise this Bishop Lincoln took upon him to tell the King that morning when Armagh was not present that if that were all he was confident that the Earl was so great a Lover of his Majesties peace and tender of his conscience and the Kingdoms safety as willingly to acquit the King of that promise To which the King gave a brow of anger as if thereby to be ensnared and so the four Bishops parted Upon this Lincoln in private speaks with the Lieutenant of the Tower or rather some other person who was at hand waiting the Kings pleasure and cunningly relates to him so much of the morning conference and the mâ—â—ner as might suit with his purpose that nothing stuck with his Majâ—sty but his promise to the Earl and that under his hand So then says he if when my Lord Strafford sendeth to you and asketh what is done concerning him you may acquaint him therewith I know the Earl of Strafford Lord Lieutenant of Ireland will disdain to hold his life upon no other merit but a bare promise and if all the service he hath done be not a stronger obligation than a few words he will I dare say to try the Kings affection soon acquit him of that promise And as the Devil and he would have it so it happened for the throbbing Prisoner inquisitive concerning his doom the Lieutenant or the other person told him that the King was satisfied of his guilt in Law and was onely bound up by his promise to your Lordship At which the Earl started up out of his Chair immediately calls for Pen and Paper Nay said he if that be all that bindes the King I shall soon release him and presently fell to writing say some that short Letter that same morning which the Historian pag. 257. minceth into a particle of the whole and begins â—â—at the last Paragraph in these words SIR To set your Majesty c. But I say otherwise
the Breaches of the State without the Ruines of the Church as I would be a Restorer of the one so I would not be an Oppressor of the other under the pretence of Publick Debts The Occasions contracting them were bad enough but such a discharging of them would be much worse I pray God neither I nor mine may be accessory to either And now dies Mr. Iohn Pym a Member of the House of Commons and a notable stickler for the Parliament he was ever observed to be an high Prebyterian in profession whose subtilty managed the most of their publick affair and ended his days when he had wrangled for the Mastery and left all in great doubt which party might overcome not without some regret and repentance they say that these Differences which he hatched should prove so desperate as he now too late fore saw would undo this Nation In the midst of May it was that Colonel Nath Fines Governour of the City of Bristol had discovered a Plot of the Inhabitants to betray the Town which after much Examination lighted upon Robert Yeomans and George Bourchier who had secretly provided themselves of Arms intending to kill the Centinels by night and possess the Main Guard whereby to master the greatest part of the other side within the Town to kill the Mayor and many others affected to the Parliament and by that means to betray the City to the Kings Forces which should lodg near hand for that purpose two miles off but the Plot pretended was discovered and those men condemned by a Council of War to be hanged This was known at Oxford whereupon the Kings Lord Lieut. of all his Forces the Lord Ruthen lately made Earl of Forth writes to the Governour of Bristol I having been informed that lately at a Council of War you have condemned to death Robert Yeomans late Sheriff of Bristol who hath his Majesties Commission for raising a Regiment for his Service William Yeomans his Brother George Bourchier and Edward Dacres all for expressing their loyalty to his Majesty and endeavouring his Service according to their Allegeance do therefore signifie to you that I intend speedily to put Mr. George Mr. Stevens Captain Huntley and others taken in Rebellion at Cirencester into the same condition I do further advise you that if you offer by that unjust Iudgment to execute any of them that those here in custodie must expect no favour or mercie At Oxford May 16. 1643. To the Commander in chief of the Council of War in Bristol Forth The Answer comes from the Governour Colonel Nathaniel Fines and the Council of War at Bristol in effect That if you shall not make distinction between Souldiers of Arms and secret Spies and Conspirators we will not onely proceed against them but others and if by any inhumane and unsouldierlike Sentence you shall execute those persons you named then Sir Walter Pye Sir William Crofts and Colonel Connesby and others whom we have here in custodie must expect no favour or mercie May 18. 1643. Nath. Fines President c. To Patrick Earl of Forth Lord Lieutenant General And so notwithstanding the Kings Letter also to the Mayor and Citizens in their behalf Yeomans and Bourchier were hanged May 30. There was a Plot discovered at London the last of May against the Cities of London and Westminster and by consequence the whole Parliament the chief of the Conspiracy were Mr. Waller a Member of the House of Commons Mr. Tomkins his Brother in Law and lately Clerk of the Queens Council Mr. Chaloner Mr. Hasel Mr. Blinkhorn Mr. White and others As for the Plot we have ravelled into the search of the truth but must take it from the Parliaments Declaration That they should seize into their custodie the Kings Children some Members of the Parliament the Lord Mayor and Committee of Militia all the Cities Out-works and Forts the Tower of London and all the Magazines Then to let in the Kings Forces to surprize the Citie and destroy all Opposers and to resist all payments of Taxes And much heartened they were by a Commission of Array sent from Oxford at that time and brought secretly by the Lady Aubigne Daughter to the Earl of Suffolk Widow of the late Lord Aubigne wounded at Edg-hill and died at Oxford the thirteenth of Ianuary This Commission was directed to Sir Nicholas Crisp and divers others This Plot was discovered the last of May. They were arreigned in publick at Guild-hall and all those four named condemned onely Tomkins and Chaloner executed the first 〈…〉 Door in Holborn the other in Corn-hill but the chief Conspirator Waller was by General Essex reprieved imprisoned a twelve-moneth in the Tower and after for a Fine of ten thousand pounds pardoned and for shame sent to travel into France The reason is much studied for satisfying the World why he the chief Actor the other but brought in by the by should receive such partial Justice because he was ingenious and confessed all and Mr. Pym had engaged his promise for his Life but certainly the most evident Reason is very apparent his great Sum of Money paid down and belike his ample confession of the particulars which the other at their death did not acknowledg Iuly 5. The Parliament having been put to it in want of the great Seal of England now at Oxford for confirmation of their Acts and Ordinances it had been oftentimes disputed and committed the making of another Seal for the use of the Parliament yet deferred the times not â—itted for so great a business the renewing of the Treaty being offered at on both sides But now the Parliament pass four Votes 1. That it is necessary the Great Seal to attend the Houses 2. That there hath been a failer of it at this Parliament 3. Much prejudice to the King Parliament and Kingdom 4. That the Houses ought to provide a Remedie thereof for the time to come Afterwards they made an Order That if the Lord Keeper Littleton upon Summons did not return with the great Seal within fourteen days he should lose his Place and whatever should be sealed therewith by him after that time should be null and vacate in Law A worthy Member desired the Serjeant at Law that ordered the Ordinance not to wade too far in the business before he did consult the Statute of 25 Edward 3. where Counterfeiting the Great Seal is declared high Treason To which the Serjeant replied That he purposed not to counterfeit the old Seal but to make a new Indeed the Parliament being the highest Court and Council had shewn their legislative power by passing Ordinances without the Kings assent to binde the Subject in the exercise of the Militia and that there wanted nothing but the executive part with a Great Seal for the administring justice in all Courts of Law and Equity which would sufficiently declare their power in all necessary Incidents of that supreme Council That since inferiour Courts had their proper Seals the
third appointed this form To be chosen by six Princes of Germany Three Ecclesiastical Arch-Bishops Moguntia Colen and Trevine Three Temporal the Duke of Saxonie the Count Palatine of the Rhene and the Marquesse of Brandenburgh and when those six voyces should happen equally divided that then the Duke of Bohemia before it was a Kingdom should determine the Election this was approved by all the Germain Princes and other Christian Princes and Estates of this world And the manner and conditions are these After his Election he is called onely Caesar and the King of the Romanes and not Emperour till he be Crowned and takes his Oath presently after his Election To defend the Catholick Religion and Pope of Rome To minister Iustice to keep the Lawes of the Empire c. and so is anointed and with some prayers upon him a drawn sword put in his hand a Ring on his finger a scepter in his other hand and three Bishops set the Crown Emperiall upon his Head Then all the Princes take Oath to him In Polonie after the same manner In Spain of late the Kings are not Crowned but have another admission equal and performed by the Arch-Bishop of Toledo Primate of Spain In France they have some alterations from their ancient manner by Lewis le Ieune who ordained the 12. Peers of France Six Ecclesiastical and six Temporal The Arch-Bishop and Duke of Rhemes anointeth and Crowneth the King The Bishop and Duke of Lava bears the Glasse of sacred Oyl The Bishop and Duke of Lanques the Cross. The Bishop and Earl of Beauvais the Mantle Royal. The Bishop and Earl of Koyon the Girdle The Bishop and Earl of Chaalons the Ring The Duke of Burgundy Dean of the Order holds the Crown The Earl of Gasconie and Guiennie the first Banner quartered The Duke of Normandy the second Banner quartered The Earl of Tholosa the Golden spurs The Earl of Campain the Banner Royal or Standard of War The Earl of Flanders the sword Royall And this day the King is severally apparelled three times First as a Priest Secondly a King and Warriour Thirdly as a Iudge He takes his Oath by the Arch-Bishop of Rhemes to the Church and to the people c. and so vested with the Mantle Girdle Ring Ointment and Crown with declaration what each signified And though this Ceremonie of sacring and Anointing Kings be more ancient than the Christian Kingdom of France yet is it the most ancient for particular Majestique manner and most of the Neighbour Kingdoms have affinity from her especially in England being the very same in effect The sacredness of the Hebrew Kings depended much upon their being anointed Anointing added a divine Majesty to their Kings and made them sacred and allied unto God exercising power and authority over things divine the virtue of the sacred Ointment being communicated to them formerly compounded by Moses of Aromatick ingredients and was yet for Initiation and Consecration till Iosiah hid it under ground in the Temple in the same secret place where the Ark of the Covenant Aarons rod Urim and Thummim and the Manna were laid up in preservation against the overthrow of the Temple by the Assyrians as had been prophecied and so lost to posterity in time of their Babylonish Captivity And therefore the King resolves on the day 2. February which is censured For a vanity though serious and the wisest Monarchs are very idle in it as not conferring one dram of solid grandure to the Throne and yet he acknowledgeth that as the King enters recognizance and stipulateth with the people to govern by Law so they acclaim him their King And is all this but vanity Though the Scriptures also exemplifies it in the Iews their first King Saul after the manner of all Nations and after him David Solomon Iehoash The Highâ— Priest anointing him with solemnities as you may see of Gods own appointing and the Ceremony to our Saviour when the Iews crowned him was no doubt in imitation of other Kings and may be a pattern for Christians But the day come which began his solemnitie conveyed him by water from White-Hall to Westminster not in usual state through the streets from the Tower the onely reason the dregs of the Infection not clearing the danger of such concourse of people which is put upon his frugality to save money And though it belonged to the Dean of Westminster Bishop of Lincoln to officiate some chief parts of the Celebrity yet he being under a deserved displeasure and in October last put out of his office of Lord Keeper of the Great Seal of England and intrusted unto Sr. Thomas Coventry who sat in Chancery two Terms before much of his duty was conferred upon Dr. Laud Bishop of St. Davids not of Bath and Wells till September after And then concerning the alteration of the Prayer The very Committee for managing the particulars of the Coronation resumed then those ancient particulars of the Prayer till Henry the sixth's time Ut obtineat gratiam huic populo c. like Aaron in the Tabernacle Elisha in the waters Zacharias in the Temple Sit Petrus in Clave Paulus in dogmate and were suitors to the King not to suffer the Dean to that duty and had this answer Who was not worthy to keep the seal lesse deserving to Minister now to his Soveraign Nor was he admitted to the next Parliament nor had summons by Writ so no Proxy to appoint a suffrage though it is said and evilly mentioned by an Historian That the Dukes Mother intruded who loved the Bishop if fame belies her not better then was fitting But this scandal I have answered sufficiently See the Life and Death of King Iames. And his own letters will discover the truth dated the seventh of Ianuary 1625. to the Duke and signed Iohn Lincoln so then he was not Chanceller and saies that he is come to do service for the preparation to the Coronation c. and craves of the Duke to receive a creature of your own struck dead with displeasure and by him to be brought to kiss the Kings hands And another Letter to the King complains that he hath not received his Writ of summons unto the Parliament that he might make his Proxie c. Nor can he go into the County as he had done long since but in expectation of this Writ and that in his absence in this Parliament no use may be made of the Kings Name to wound the reputation of a poor Bishop Cabala 107 108. and so our other Historians are mistaken in this And the manner of his Delivery of the Seal was thus Sir Iohn Suckling was sent from the King to demand it but charily he locked it up in a Cabinet and sent it and the Key by the Knight inclosed in a Letter to the King and so was outed of the Seal but kept his Bishoprick of Lincoln and the Deanary of Westminster which indeed he had for his life and after
all retired to Bugden where he lived very Hospitably and in manner and order of the good Bishops not without an eye and ear over him of such as were Intelligencers of Court And at Westminster Hall the Ceremony begun towards the Abbey Church in order thus 1. The Aldermen of London by couples ushered by an Herauld 2. Eighty Knights of the Bath in their Robes each one having an Esquire to support and a Page to attend him 3. The Kings Serjeants at Law Solicitor Atturney Masters of Request and Iudges 4. Privy Councellors that were Knights and the chief Officers of the Kings Houshold 5. Barons of the Kingdome bare-headed in their Parliament Robes with Swords by their sides 6. The Bishops with Scarlet Gowns and Lawn sleeves bare-headed 7. The Vice-Counts and Earls not in their Parliament but in their Coronation Robes with coronetted Caps on their Heads 8. The Officers of State for the day whereof these are the Principal Sir Richard Winn Sir George Goring The Lord Privy Seal The Archbishop of Canterbury The Earl of Dorset carrying the first Sword The Earl of Essex carrying the second Sword The Earl of Kent carrying the third Sword The Earl of Mountgomery carrying the Spurs The Earl of Sussex carrying the Globe and Cross upon it The Bishop of London carrying the Golden Cup for the Communion The Bishop of Winchester carrying the Golden Plate for the Communion The Earl of Rutland carrying the Scepter The Marquess Hamilton carrying the Sword of State naked The Earl of Pembroke carrying the Crown The Lord Maior in a Crimson Velvet Gown carried a Short Scepter before the King amongst the Serjeants The Earl of Arundel as Earl Marshall of England and the Duke of Buckingham as Lord High Constable of England for that day went next before his Majesty The King entred at the West Gate of the Church under a rich Canopy carried by the Barons of the Cinque Ports His own Person supported by Doctor Neil Bishop of Durham on the one hand and Doctorâ— Lake Bishop of Bath and Wells on the other His train six yards long of Purpleâ—Velvet held up by the Lord Compton Master of the Robes and the Lord Viscount Doncaster Master of the Wardrobe Here he was met by the Prebends of Westminster Bishop Lawd supplying the Deans Place in their rich Copes who delivered into the Kings hands the Staff of King Edward the Confessor with which he walked up to the Throne Which was framed from the Quire to the Altar the King mounted upon it none under the degree of a Baron standing therein save only the Prebends of Westminster who attended on the Altar Three Chairs for the King in several places first of Repose the second the antient Chair of Coronation and the third placed on an high square of five steps ascent being the Chair of State All settled and reposed the Arch-bishop of Canterbury presented his Majesty to the Lords and Commons East West North and South asking them if they did consent to the Coronation of K. Charles their lawful Soveraign The King in the mean time presented himself bareheaded the consent being given four times with great acclamation the King took his Chair of Repose The Sermon being done the Arch-Bishop invested in a rich Cope goeth to the King kneeling upon Cushions at the Communion Table and askes his willingness to take the Oath usually taken by his Predecessors The King is willing ariseth and goeth to the Altar and is interrogated and thus answereth Coronation Oath Sir Sayes the Arch-bishop will you grant and keep and by your Oath confirm to the People of England the Laws and Customes to them granted by the Kings of England your lawful and Religious Predecessours and namely the Laws Customs and Franchises granted to the Clergy by the glorious King St. Edward your Predecessor according to the Lawes of God the true profession of the Gospel established in this Kingdome agreeable to the Prerogative of the Kings thereof and the antient Customes of the Realm The Kings answer I grant and promise to keep them Sir Will you keep Peace and Godly agreement according to your power both to God the holy Church the Clergy and the people I will keep it Sir Will you to your power cause Law Iustice and discretion to mercy and truth to be executed to your Iudgement I will Sir will you grant to hold and keep the Laws and Rightfull Customes which the Comminalty of this your Kingdome have and will you defend and uphold them to the honour of God so much as in you lieth I grant and promise so to do Then one of the Bishops read this Admonition to the King before the people with a lowd voice Our Lord and King wee beseech you to pardon and to grant and to preserve unto Vs and to the Churches committed to your charge all Canonical privileges and do Law and Iustice and that you would protect and defend Vs as every good King to his Kingdomes ought to be Protector and Defendor of the Bishops and the Churches under their Government The King answereth With a willing and devout heart I promise and grant my Pardon and that I will preserve and maintain to you and the Churches committed to your charge all Canonical privileges and due Law and Iustice and that I will be your Protector and Defender to my Power by the Assistance of God as every good King in his Kingdom in right ought to protect and defend the Bishops and Churches under their Government Then the King ariseth and is led to the Communion Table where he makes a solemn Oath in sight of all the people to observe the premisses and laying his hand upon the Bible saith The Oath The things which I have here promised I shall perform and keep So help me God and the Contents of this Book Then were his Robes taken off and were offered at the Altar He stood a while stripped to his Doublet and Hose of White Sattin Then led by the Arch Bishop and Doctor Lawd the Bishopâ—of St. Davids he was placed in the Chair of Coronation a Close Canopy spread over him the Arch-bishop anointing his Head Shoulders Arms and Hands with a costly ointment the Quire singing an Anthem of these words Zadook the Priest anointed King Solomon Hence he was led up in his Doublet and Hose with a White Coife on his head to the Communion Table where the Bishop of St. Davids Deputy for the Dean brought forth the antient Abiliments of King Edward the Confessor and put them upon him Then brought back to the Chair of Coronation he received the Crown of King Edward presented by the Bishop of Saint Davids and put on his Head by the Archâ— Bishop of Canterbury the Quire singing an Anthem Thou shalt put a Crown of pure Gold upon his head whereupon the Earls and Viscounts put on their Crimson Velvet Caps with Coronets about them the
obtain them to his own use the summe of 3000 l. and did also procure for the said Surrender from the late King an Annuity of 1000 l. per annum payable to the said Earl for which considerations the said Earl surrendred the said Office with his Letters Patents unto the late King who granted them to the said Duke for his life which is an Offence contrary to the Laws and Statutes of this Realm those Offices so highly concerning the Administration and execution of Justice That the Earl of Nottingham then Lâ—rd Admiral being grown much in years and finding himself not so fit nor able to perform what appertained to his place as formerly became an earnest sutor to his late Majesty to permit him to surrender up his Office who at length being overcome by the Earls many solicitations condescended thereunto and his late Majesty at the entreaty of others without the Dukes privity was also perswaded to confer it upon the Duke much against his will he being no way experienced in those Affairs so that the Earl did freely surrender and the Duke aecept the grant of the said Office without any the least contract or proviso But true it is that his late Majesty out of his Royall Bounty did grant to the said Earl a Pension of 1000 l. per annum as a Recompence for his former service to the Crown and also the Duke himself did freely and voluntarily with his late Majesties approbation as an Argument of his honorable respects to so Noble a Predecessor send the Earl three thousand pounds which he hopeth is not blame worthy in him III. Reply 3. That he the said Duke in the 22. year of the late King did give and pay unto Edward Lord Zouch for the Offices of the Lord Warden of the Cinque-Ports and Constable of Dover Castle the sum of one thousand pounds and granted also an Annuity of 500 l. per annum during his life and that for the consideration aforesaid the said L. Zouch did surrender his Offices and Letters Patents to the late King who granted them to the said Duke for his life which Offices so highly concerning the Administration of Justice the Duke hath ever since held against the Laws of the Land That the Lord Zouch being grown in years and unfit to manage the Office of the Warden of the Cinque-Ports and Constable of Dover Castle which are indeed both but one discovered a willingness to surrender it and made severall Offers thereof to the Duke of Richmond who at last contracted with the said Lord Zouch for his surrender for the consideration of 1000 l. in money and 500â— l. per annum and the said Duke of Richmond being prevented by death his late Majesty directed the Duke of Buckingham to go through with the Lord Zouch for it upon the same terms which he was the willinger to do by reason he had found by experience that the Kings service suffered much through the emulation disaffectiâ—n and contention arising between those two Officers and he hopeth this act of his in acquiring this Office accompanied with such circumstances the King also being both privy and directing it will receive a favorable construction especially considering he was altogether unacquainted with any law tâ— the contrary IV. Reply 4. That he hath neglected the just execution of those his offices and violated the Trust reposed in and committed to him by them insomuch as through his neglect the trade of this Kingdome hath been of late much decayed and the Seas ignominiously infested with Pirates and Enemies to the great loss of both ships and Goods and imminent danger of this Kingdom That the loss happening to the Kings Subjects by Pirats and Enemies hath not proceeded through the Dukes default as is suggested but because those Pirats ships are built of a mould as fit for flight as for fight being far too nimble for the Kings Ships To prevent which inconvenience for the time to come there is present order taken for the building of Ships of the same shape with those of Dunkirk and for the Pirats of Sally that provision is taken either to restrain by Treaty or to repress them by force as will give good satisfaction and this will clearly appear upon proof V. Reply 5. That whereas about Michaelmas last a Ship called the St. Peter of New-haven laden with divers Merchants Jewels and Commodities to the value of 40000 l. or thereabout for the proper account of Monsieur de Villeurs then Governour of New-Haven was taken by the Ships of his Majesties late Fleet and brought into the Port of Plymouth as a Prize upon probability that the said Ship or Goods belonged to the Subjects of the King of Spain whereupon there was an arrest of two English ships at New-haven in the Kingdome of France after which intimation was given to the Advocate in the chief Court of Admiralty from his Majesty by Secretary Coke for the freeing and discharge of the said ship and goods and thereupon by Commission under Seal the said Ship and goods were released The said Duke notwithstanding any such order and decree detained still to his own use the Gold Silver Pearls Jewels and other Commodities so taken out of the said Ship and unjustly caused the said Ship to be arrested again in contempt of the Laws of this Land and to the prejudice of Trade That Complaint being made on the behalf of some French men at the Councel Table concerning the Saint Peter and some other ships His Majesty then present did order that she and all other stould be released as were found to belong to any Prince or State in amity with him provided they were not fraâ—dulently coloured And accordingly this ship was by Sentence in the Admiralty discharged But within few daies after new information came to the Lord Admiral that this ship was laden by the Subjects of the King of Spain in Spain that the Amirantesio wafâ—ed her beyond the North Cape and that Witnesses were ready to attest as much upon which the Duke acquainted his Majesty therewith and by his command made stay of this ship as he was assured by the opinion of the King and five other Advocates he might do and command was given to the Kings Advocate to hasten the examination of Witnesses in pursuance of the new information But the French Merchants impatient of delaies which the producing many witnesses would occasion complained again to the Council-board and obtained an Order from thence for the delivery of the said Ship and goods upon security which Security was once offered but after retracted yet upon consideration of the testimonies produced the Kings Advocate informing the Duke that the proof came short for that Ship the D. did instantly give order for her final discharge and that all her goods should be re-imbarked to the Owners which was done accordingly VI. Reply 6. That the East-India Merchants in the 21. of the late Kings Reign preparing to set forth four great
executâ—â—◠〈◊〉 he wretchedly died IRELAND The State of England must be cleared of an Imputation That the not reducing Ireland to Civility since the Martial design 17 H. 2. above four hundred years was so continued in policy But if otherwise intended why not the Conquest perfected till their subjection to K. Charls In truth their former defects have been the faint prosecution of the War and loosness of Civil Governments The Souldiers ill paid and worse commanded the more barbarous the greater difficulty witness Caesars to reduce Brittains and their petty Princes a longer War then with all Asia and under one Monarch The King of Spain hath felt that by the States of the Netherlands not as yet but the whole Kingdom of Portugal he got in a trice Tributaries they were the first degree of subjection but more properly Soveraigns than Subjects And H. 3. grants run thus Rex Regi Tosmond salutem c And the Record says Onale Rex 100 l. de auxilio domini Regis Henrici c. and in truth the English Kings might rather deserve their Title Rex Regum for each Rebel is a King and vi armis Regnum suum obtinuit and the Armies sent over at several times were ill paid more unruly worst commanded till 36. Edw. 3. Extorting Coin and Livery Free-quarter and Money the general fault of all Commanders there which the Irish call damnable Custom and so did nothing but undo one another the English Colonies as hardly used as the Irish Until 9 Eliz. who sent over more men and spent more money there than all her Progenitors since the first onset on that Nation for she had three Rebellions Oneal anno 1566. was soon defeated with a thousand men or rather he was slain by accident of the Scots not the English Army Desmond more deep six thousand English quite defeated him But Tyrones Rebellion universally spread enforced the Queen to send Essex with forces indeed twenty thousand by Poll yet did nothing till Mountjoy made an end of that war under King Iames and so submitted to English Government Laws Magistrates the Kings pardon and Peace in all parts an intire and perfect Conquest as Merline prophesied At Sextus maenia Hiberniae subverteâ— Regiones in Regnum redigentur But concerning the Civil Affairs they were never brought to any degree of Reformation till the Governour Earl of Sussex laid the platform and proceeded in the way which Sr. H. Sidney pursued reducing the Countries into â—hires placing 〈◊〉 and Ministers of Laws but yet rather in a course of 〈◊〉 than by Civil Courts for though the greatest part of 〈◊〉 were vested in the Crown by Act of Parliament yet no seizure nor brought in charge the Irish having all and though the Name O-Neal were damn'd as High Treason yet Tirlagh Leynnagh was suffered to leave that Title and to intrude upon the possessions of the Crown and that with favour of the State and the Abbaries and Religious Houses in Tyrone Tirconnel and Ferminagh dissolved in 33 Hen. 8. were never reduced into charge but were continually possest by the Religious Persons until King Iames came to the Crown Nay more strange the Donations of Bishopricks being a flower of the Crown which the Kings of England did ever retain when Papacy was at the highest There were three of them in Ulster namely Derry Rapho and Clogher which were never bestowed by any former Soveraigns though they were undoubted Patrons until King Iames the first King that ever supplied these Sees with Bishops Indeed after the Government of Henry Sidney followed Sir Iohn Perrolt who advanced the Reformation in three principal points In establishing the Composition of Conaught in reducing Ulster into seven Shires though in his time the Law never executed in those new Counties by Sheriffs or Justices of Assize but the people left to be ruled by their own barbarous Lords Laws Lastly by vesting in the Crown the Laws of Desmond in Munster and planting English there After Perrot comes Sir William Fitzers He raised a Composstion in Munster and setled the possessions of the Lords and Tenants in Monahan one of the last Acts of State tending to Reformation in Queen Elizabeths days Thus former Soveraigns endeavoured since Edward 3. to reduce this Nation and before the Civil Wars of York and Lancaster the chief aim was to order the degenerate English Colonies not respecting the meeâ— Irish. But after Hen. 7. who united the Roses they laboured to bring both English and Irish to Alleageance but never perfected till King Iames. The former 〈…〉 〈…〉 And for the Civil part to settle peace after Tyrone that Act of State or Act of oblivion by Proclamation pardoned all offences against the Crown and particular Trespasses don before King Iames his time and the inslaved Irish under their tyrant Lords were received into his Majesties immediate Protection As publick Peace so publick Iustice the first Sheriffs in Tyrone and Tyrâ—onnel in Ulster and Pelham and the first Justices in those Counties and afterwards in the first years Government of Sir Arthur Chichester he established two other new Circuits of Assize in Connaught and Munster where for two hundred years before had not been executed and publick Iustiâ—e grew so great as that there was Magna messis sed operarii pauci round about the whole Kingdom twice a year which heretofore was but about the Pale like the Circuit of Cynosur a about the Pole Quae cursu interiore brevi convertitur orbe By the Circuits of Assize the Commons were taught to be free Subjects to the King not Slaves to their Lords that their Cuttings Cosheries Sessings and such Extortions were unlawfull so that these tyrant Lords wanting means humbly petitioned for licence to take some competent contribution for their support which being denied them they were fain to fly into foreign parts and as Extortion banished them who could not live but under the Law so the Law banished the Irish Lord who could not live but by extortion that in five years not so many Malefactours of Death in the six Circuits or two and thirty Shires as in one Circuit of the West of England the Irish in peace fearfull to offend the Law and thereby â—ull knowledge of the Irish their Countries Persons and Actions and so their ancient Allowances in their Pipe Rolls pro Guidagio Spiagio was well spared Under Officers doing that Aâ—rand the neglect of the Law made the very English 〈◊〉 Irish which now counts them to be civil English The â—est was the setling of the Irish Estates as well as English for though a Law of Queen Elizabeth enabled the Governours to take Surrenders and regrant Estates unto the Irish yet but few Irish Lords in her time offered to make any if they did it was regranted to them again and to no other and the poor Septes paid their Duties as before so 〈◊〉 such a Surrender there was but one Freeholder made in a whole County which was
Councel at Hampton Court the case was concluded for the Arch Bishop as the greatest reason not to rule themselves having suffered such an Inconvenience there without so much as taking notice much lesse reforming It had been more then fifteen moneths that the Writs of Ship-money were issued out to divers Counties many Men and in special Mr. Hambden of Buckingham Shire being Assisted by the Sherifâ— made default of payment this Person well known and supposed a stake for others not without a resolved factious assistance of powerful parties And therefore the King this Michaelmas Term not precipitate into a quarrel advised the opinion of his Judges stating the Case by Letter to them To our trusty and well-beloved Sir John Bramstone Knight Chief Iustice of Our Bench Sir John Finch Knight Chief Iustice of Our Court of Common Pleas Sir Humphrey Davenport Knight Chief Baron of Our Court of Exchequer and to the rest of the Iudges of Our Courts of Kings Bench Common Pleas and the Barons of our court of Exchequer Charls Rex Trusty and well-beloved we greet you well taking into our Princely consideration that the Honor and safety of this Our Realm of England the preservation whereof is onely entrusted to Our care was and is more dearly concern'd then in late former times as well by divers councels and attempts to take from Us the Dominions of the Seas of which We are sole Lord and rightful Owner or Propriator and the losse whereof would be of greatest danger and peril to this Kingdom and other Our Dominions and many other wayes We for the avoiding of these and the like dangers well weighing with our self that where the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger there the charge and defence ought to be born by all the Realm in general did for the preventing so publique a mischief resolve with our self to have a Royal Navy prepared that might be of force and power with Almighty Gods blessing and assistance to protect and defend this Our Realm and Our Subjects therein from all such perils and dangers and for that purpose We issued forth Writs under our Great Seal of England directed to all Our Sheriffs of Our several Counties of England and Wales Commanding thereby all Our said Subjects in every City Town and Village to provide such a number of Ships well furnisht as might serve for this Royal purpose and which might be done with the greatest equality that could be In performance whereof though generally throughout all the Counties of this Our Realm We have found in Our Subjects great chearfulnesse and alacrity which We gratiously interpret as a testimony as well of their dutiful affection to us and our service as of the respect they have to the Publique which well becometh every good Subject Nevertheless finding that some few happily out of ignorance what the Laws and Customs of this Realm are or out of a desire to be eased in their particulars how general soever the charge be or ought to be have not yet paid and contributed to the several Rates and Assesments that were set upon them And fore-seeing in Our Princely wisdom that from thence divers Suits and Actions are not unlikely to be commenced and prosecuted in our several Courts at Westminster We desirous to avoid such inconveniencies and out of Our Princely love and affection to all Our People being willing to prevent such Errours as any of Our loving Subjects may happen to run into have thought fit in a case of this nature to advise with you Our Judges who We doubt not are well studied and informed in the Rights of Our Sovereignty And because the Trials in Our several Courts by the Formalities in Pleading will require a long protraction We have thought fit by this Letter directed to you all to require your Judgments in the Case as it is set down in the inclosed Paper which will not onely gain time but also be of more authority to over-rule any prejudicate opinions of others in the Point Given under Our Signet at our Court of White-hall the Second Day of February in the Twelfth Year of Our Reign 1636. CHARLS Rex CHARLS Rex VVhen the good and safety of the Kingdom in general is concern'd and the whole Kingdom in danger whether may not the King by VVrit under the great Seal of England command all the Subjects in his Kingdom at their charge to provide and furnish such number of Ships with Men Victuals and Munition and for such time aâ— he shall think fit for the Defence and Safeguard of the Kingdom from such Danger and Peril and by Law compel the doing thereof in case of Reâ—usal or Refractoriness and whether in such case is not the King the sole Iudge both of the Danger and when and how the same is to be prevented and avoided The Judges return their Opinions thus May it please your Most Excellent Majesty we have according to your Majesties Command severally and every Man by himself and all of us together taken into serious consideration the Case and Questions signed by your Majesty and inclosed in your Letter And we are of opinion that when the Good and Safety of the Kingdom in general is concerned and the whole Kingdom in Danger your Majesty may by Writ under your Great Seal of England command all the Subjects of this your Kingdom at their charge to provide and furnish such number of Ships with Men Victual Munition and for such time as your Majesty shall think fit for the Defence and Safeguard of the Kingdom from such Peril and Danger And that by Law your Majesty may compell the doing thereof in case of Refusal or Refractoriness And we are also of opinion that in such Case your Majesty is the sole Iudg both of the Danger and when and how the same is to be prevented and avoided John Bramston John Finch Humphrey Davenport John Denham Richard Hutton William Jones George Crook Thomas Trever George Vernon Robert Barkly Francis Crauly Richard Weston Thus they subscribe which was inrolled in all Courts at Westminster Hall and without doubt Warrant sufficient for the King to proceed against any Defaulters specially singly against Hambden who appeared upon Process and required Oyer of the Ship Writs and so being heard he demurred in Law and demanded the Iudges opinion upon the Legality of those Writs which being argued in the Exchequer all the Iudges and those Barons except Crook and Hutton were of opinion for the Writs and the Barons gave Iudgment accordingly against Hambden who under hand advised held up the Quarrel by Intermissions till further time and conveniency The Queen bare the Princess Ann the seventeenth of March the third Daughter to the King This Midsummer Term were censured in Star-chamber three Delinquents confederate A medley of Mal-contents The one a Divine Mr. Burton who is a mistiled Sometime Tutor to the King which he never was nor any
est mala cujus finis est bonus contrary to Saint Paul Non est faciendum malum ut bonum inde eveniat And because the major part of that ignorant infatuated Nation remained as yet intangled in that Errour that these were the seven Articles of Pacification and burnt by the Hangman as the Ministery thundered out of their Pulpits to make the King odious I conceive it very necessary for the undeceiving of the Multitude and satisfying the most curious to set down verbatim his Majesties Proclamation there anent which is now rarely to be found for the Scots endeavour to suppress such Truths A Proclamation publishing an Act of State and his Majesties Command concerning a scandalous Paper lately dispersed amongst many of his Subjects WHereas a Paper containing many Falshoods and tending much to the dishonour of his Majesties late Proceedings in the Pacification given to his Subjects of Scotland hath been dispersed in divers parts of this Kingdom whereupon an Act of Council hath been made in these words ensuing viz. On Sunday the fourth of August sixteen hundred thirty nine his Majesty being in Council was pleased to acquaint the Lords with a Paper which he had seen in Barwick intituled Some Conditions of his Majesties Treaty with his Subjects of Scotland before the English Nobility are set down here for remembrance Which Paper being in most parts full of falshood dishonour and scandal to his Majesties Proceedings in the late Pacification given of his Princely grace and goodness to his Subjects of Scotland hath been very frequently spread here in England and avowed in Scotland by some to have been approved and allowed as Truth by somâ— of these Lords in England who attended his Majesty and were present at the Pacification in the Camp Whereupon the Paper having been read and his Majesty commanding these English Lords to declare their knowledg thereof The Earl Marshal first began to put his Majesty in remembrance that some few days after the Pacification was concluded some of the Scotâ— Lords coming to the Chamberlain's Tent sent to speak with him and the Earl of Holland and offered them a certain Paper which they pretended to have been collected for the help of their memories and not otherwise nor to be published but the said English Lords very dutifully and discreetly refused to accept of that or any such Paper but referred themselves totally to the Articles of Pacification in writing and the said Earl Marshal further declared that now upon the reading he for his part held the said Paper for the most part false and scandalous and no way agreeable to what his Majesty expressed at the Pacification Next the Lord Chamberlain declared that being ready to take horse and a number of his Friends about him taking their leave the Lord Loudon pressed him with much importunity to receive a Paper which he took not knowing what it contained but at night when he came to his Lodging doubting it might be some such Paper as was formerly offered and was refused took it without reading of it and sealed it up and so kept it untill he presented it to his Majesty at White-hall professing that till that time he had never read any one word of it nor seen any other Copy thereof which Paper being that which had been divulged was the very same which his Majesty commanded to be read at the Board The Earl of Salisbury likewise desired to justifie himself of a particular Scandal laid upon him that he had received and brought Copies of this Paper from the North which he declared could not be because he was come away from the Camp before that Paper was offered and had never seen it nor any Copy thereof before his Majesties return to Theobalds After this the Lord Chamberlain the Earls of Salisbury Holland and Berkshire concurred with the Earl Marshal that the Contents of that Paper were for the most part notoriously scandalous false and contrary to what his Majesty clearly expressed at the Pacification His Majesty likewise declared that before his coming from Berwick he shewed a Copy of this scandalous Paper to the Earl of Lindsey the Earl of Holland Mr. Treasurer Dorine and Secretary Cook who fully concurred in the foresaid opinion with the other Lords all which Lords and particularly the Earl of Holland avowed the falsness thereof to the faces of these Scots Lords who were believed to be the divulgers thereof the Lords of the Council of Scotland being there likewise present All which considered the whole Board unanimously became humble Petitioners to his Majesty that this false and scandalous Paper might be publickly burnt by the Hangman and that his Majesties pleasure might be published by Proclamation that no person or persons hereafter of what Degree or Condition soever presume to keep any Copy thereof but that within ten days after the said Proclamation published every such person and persons shall deliver to the next Iustice of Peace all and every Copies thereof the same to be immediately sent to one of the principal Secretaries upon peril of such punishment as the Law inflicts upon such as keep up seditious Papers which was accordingly ordered and commanded to be entred into the Council-book as an Act of State His Majesty therefore by the advice of his Privy Council doth hereby publish the said Act of State unto all his loving Subjects to the end that being forewarned they may avoid the Danger which may ensue by the detaining or concealing any Copy or Transcript of the said Paper strictly charging and commanding all manner of persons what soever that they presume not to keep any Copy of the same according to this Act upon such Penalties as are done by Law And his Majesty is hereby graciously pleased to pardon and remit the offence of such persons as have had any Copy of the said Paper and shall deliver it up within ten Days after Publication hereof as aforesaid Given at our Palace of Westminster the eleventh of August 1639. How evident it is to all men how poorly these pacifying English Lords Commissioners came off Pembroke Salisbury Holland and Berkshire Sir Harry Vane senior and Secretary Cook all except honest Berkshire sided afterwards with the Covenanters against the King And when the King charged the Scots Commissioners with this Paper they made no Answer as not being within their Instructions but afterwards in their grand Declaration the State of Scotland makes this pitifull Answer or Excuse As we are most unwilling to fall upon any Question which may seem to import the least contradiction with his Majesty so if it had not been the trust which we gave to the Relation of our Commissioners who did report to us his Majesties gracious Expressions related daily to us at Dunce the place of their Camp and put into Notes by many of our Number which were a great deal more satisfactory to us than the written Declaration the same would not have been acceptable which
of those Times see the boldness of some particulars Reading at the Middle Temple the Lent Vacation February 24. by Master Bagshaw making his choice of the Statute 25 Edward 3. cap. 7. He had intended he said to meddle with Prohibitions but not with Tacitus to follow Truth too near the heels for fear of his teeth nor too far off lest he lose it and so neither to offend nor to be offended Dividing his Matter into ten parts for ten Days and every Day into ten several Cases I shall oney insist upon such as then became the common discourse then but misreported His first Case thus Whether or no it be a good Act of Parliament without assent of the Lords Spiritual He for the Affirmative proved thus First that they sit not as Bishops but as Baronies annexed to their Bishopricks 5 William 1. and all of them have so save the Bishop of Man and he is not called Ergo Secondly he proved some Parliaments held without any Bishops at all Kelway's Reports 7 Henry 8. fol. 184. that the presence of Bishops are not necessary Thirdly that divers Acts have been made when they were present and would not consent as the Act of Conformity 1 Edward 6. and Supremacy 1 Eliz. Fourthly that if at any time of Parliament they should dis-assent yet the major part of Barons concluding and the House of Commons concurring the Act shall pass because their Voices are over-ruled by the major of Barons Fifthly that the Bishops cannot sit in case of Bloud in Iudicature but they may sit to assist to enact Laws but not to give assent for Execution of them in case of any Murder or Bloud His second Case thus If any beneficed Clerk were capable of temporal Iurisdiction at the time of making that Law He held the Negative point and these his Proofs First the first that ever were made Iustice of Peace or had power in temporal Iurisdictions were the Bishops of Durham and York 34 Edward 3. nine years after the same Act so not a principio but a tempore Secondly before the Statute of Conformity 1 Edward 6. the Clergy were never put in Commission for temporal and the reason why they were then admitted was to perswade the People to Conformity not to give sentence against them Thirdly if they conceive in conscience because they have spiritual calling therefore not to meddle in temporal causes then they may refuse it for they are never desired nor put in Commission but at their own suit so then they may either refuse or be allowed as their desires affect His third Case thus Whether a Bishop without calling a Synod have power as Diocesian to convict an Heretick And so he maintained he could not His Reason thus That albeit by the bloudy Statute of 2 Henry 4. some supposed grounds may be raised for maintenance of that authority yet it is not full and besides which is the main reason the Commons did not assent to the making of that Law for he had searched the Records and found that Act onely past by consent of the Lords Spiritual and Tempâ—ral and the Commons never mentioned therein Some other Matters he held in point of Law and had he gone forward he would have delivered his opinion both of the High Commission and Prohibition as is conceived but he was commanded silence and within two Days after he repaired to the Lord Keeper carrying with him the Heads of Argument which the Lord Keeper said was good Law but not seasonably delivered And told him that as he was prohibited by the King from his Reading so he must be set at liberty again by his Majesty and advised him to move the Archbishop of Canterbury for his Proceeding After the Reader had been twice at Lambeth without admittance the third time he spake with the Arch-bishop there who told him he had fallen upon an unfit subject and in an unseasonable time and that it would stick closer to him than he was aware of He answered that he had not done it of any evil intentions neither had he taken this resolution of late time but that above two years ago when he knew he must now perform the Exercise he then made choice of that Statute and untill within these twelve Moneths he never heard of any opposition against the Prelacy and thinking the same that was moved against them in another Kingdom nothing concerned this therefore he conceived no offence would have been taken by it and for him to have altered the frame of his Reading specially before this time he should have disappointed the House and wronged himself in his studies Profession and Practice in regard he would not have been able in so short a time to have performed so great a Task as that was His Lordship answered that perhaps he had been better have given it quite over at the first than to suffer that by it which he was like to do The Reader replied that what he had delivered was good Law and he was able to maintain it and would stand by it and hoped he needed not fear any mans power in regard his cause was lawfull and warrantable but he humbly desired his Majesties leave to finish what he had begun He was answered that his Majesty had otherwise resolved of it This Reader went out of Town on Friday the sixth of March accompanied with fourty or fifty Horsmen in very good credit and applause of the House in which he is a Member to this instant time The Scots Commissioners lately here having done their arrand and thereby settled a resolution in this State to have a narrower search into their national actions returned home to Edinburgh that same night the nineteenth of November that a great part of the Castle wall fell to the ground with the Canons mounted as if undermined and to be surprized by an Enemy which so dayly they supposed was done by design of treachery to them who were all Traytors themselves But recovering their fears and Jealousie this time was calculated to be the just Anniversary of the Kings birth day the nineteenth of November 1600. just thirty nine years since and so they turned the accident to an ominous presage of the ruines of the Kings design now in hand against their Idol Covenant yet the more subtiler sort made a better use and more politique for the King having commanded the Lord Estrich Colonel Ruther and the commander of the Castle to order the reedifying the Covenanters withstood those appointed not permitting any materials to be carried in for repaire this was the highest in dignity and signified their resolution not to be mastered To which the King gave suddain apprehension concluding upon force to bring them to obedience And therefore he drawes out a select choyce of his Council into the Cabinet for the Scotish affaires and indeed directly to cashier such the most especially as were light headed and as the Arch Bishop is said to nickname them Hunting Lords
peace he gave order to his Officers to fight us and so to be engaged in bloud the better for his wicked Designs against both Kingdoms And although his Majesty with consent of his Peers were inclined to a Peace as before he onely in that honourable Assembly raged against us as Traitours and Enemies to Monarchical Government to be sent home nay he himself would undertake to whip us home in our own bloud That after the Cessation of Arms he during the Treaty drew up his Army near the Tees and gave his Warrants to the several Governours of Barwick and Carlile for their Acts of Hostility and he the Man that continueth several parts of England in terms of difference sundry Scots imprisoned still no free Trade nor other face of affairs there as before the Cessation And therefore desire their Lordships that this great Incendiary not onely against private persons but even against Kingdoms and Nations may come to his Trial and endure condign justice and punishment And for this their good service the Scots had favour from the House of Commons to have an hundred thousand pounds voted for the Expence of their Army who besides plundered the Counties round about their Quarters And not to separate him from his confident Sir George Ratcliff who was brought out of Ireland and this Impeachment charged against him The Impeachment of Sir George Ratcliff First that he had conspired and joined with the Earl of Strafford to bring into Ireland an Arbitrary Government and to subvert Fundamental Laws Secondly to bring in an Army from Ireland to subdue the Subjects of England Thirdly that he joyned with the Earl to use Regal power and to deprive Subjects of their liberties and properties Fourthly to take out fourty thousand pounds out of the Exchequer in Ireland and bought Tobacco therewith and converted the same profit to their own uses Fifthly that he hath traiterously confederated with the Earl to countenance Papists and built Monasteries to alienate the affections of the Irish Subjects from the subjection of England Sixthly to draw the Subjects of Scotland from the King Seventhly that to preserve himself and the said Earl he had laboured to subvert the Liberties and Privilege of Parliaments in Ireland The Parliament taking things in turn having turned out of the House of Lords and safely lodged two Delinquents the most active and powerfull the one from the State the other from the Church the next in course must concern the Law the most eminent Malignant as they conceived was the Lord Keeper Finch who took it for his wiser way to prevent the effects of what was in preparing against him the Commons charge of High Treason In reference to it he caressed them with an Oration such as it is in vindication of himself in such particulars as he knew most in force and because it contained more than bare words we may examine the merit thereof which was all that he had time to say for himself Mr Speaker I give you thanks for granting me admittance to your presence I come not to preserve my self and Fortunes but to preserve your good opinion of me for I profess I had rather beg my Bread from door to door with Date obolum Bellisario with your favour than be never so high and honoured with your displeasure I came not hither to justifie my words actions or opinions but to open my self freely and then to leave my self to the House What disadvantage it is for a man to speak in his own cause you well know I had rather another would doe it but since this house is not taken with words but with truth which I am best able to deliver I presume to do it my self I come not with a set speech but with my heart to open my self freely and then to leave it to the house but do desire if any word fall from me that shall be misconstrued I may have leave to explain my self For my Religion I hope no man doubts it I being religiously educated under Catterton in Emmanuel Colledge thirty years I have been in Grays Inn thirteen years a Bencher and a diligent hearer of Dr. Sibs who if he were living would testifie that I had my chiefest encouragement from him And though I met with many oppositions from many in that house ill affected in Religion yet I was alwaies supported by him Five years I have been of the Kings Council but no Actor Avisor or Inventor of any project Two places I have been preferred unto Chief Iustice and Lord Keeper not by any sute or merit of my own but by his Majesties free gift In the discharge of these places my hands have never touched my eyes have never been blinded with any reward I never biassed for friend-ship nor diverted for hatred for all â—â—at know me know that I was not of a vindicative nature I do not know for what particulars or by what means you are drawn into an ill oppinion of me since I had the honour to sit in that place you sit in Mr. Speaker In which I served you with fidelity and Candor Many witnesses are of the good Offices I did you and resumed expressions of thankfulness from this house for it for the last day I had share in it no man expressed more Symbols of sorrow then I. After three daies Adjournment the King desired me it might be adjourned for some few daies more whether was it then in his Majestie much less in me to dissolve the House But the King sent for me to White hall and gave me a Message to the House and commanded me when I had delivered the Message that I should forthwith come to him and if a question was offered to be put he charged me upon my Allegeance I should put none I do not speak this as a thing I do now merit but it is known to divers men and to some Gentlemen in this House All that I say is but to beseech you all consider what you would have done in this strait betwixt the King my Master and this honourable House The Shipping business lieth heavy upon me I am far from justifying that my opinion if it be contrary to the Iudgment of this House I submit I never knew of it at the first or ever advised any other I was made Chief Justice four daies before the Writ went out for the Port I was sworn sixteen daies after Chief Justice and those writs issued forth without my privity The King Commanded the then Chief Justice the now Chief Baron and my self to look on the Presidents and to certifie him our opinions what we thought of it That if the whole Kingdome were in danger it was reasonable and fit to lay upon the whole Kingdome and not upon the Port only and commanded the thâ—n Chief Justice and my self and the now Chief Baron to return him our opinions Our opinions were and we thought it agreeable to Law and reason that if the whole were in danger the
whole should contribute this was about June In Michaelmas following the King but by no advice of mine commanded me to goe to all the Judges for their opinions upon the case and to charge them upon their Allegiance to deliver their opinions But this not as a binding Opinion to themselves but that upon better consideration or reason they might alter but only for his Majesties satisfaction and that he must keep it for his own private use as I conceive the Iudges are bound by their Oaths to do I protest I never used any promise or threats to any but did only leave it to the Law and so did his Majestie desire That no speech that way might move us contraâ—y to this that I delivered There was no Iudge which subscribed that needed solicitation unto there were that refused Hutton and Crook Crook made no doubt of this thing but of the introduction I am of opinion that when the whole Kingdome is in danger whereof the King is Judge and the danger is to be born by the whole Kingdome When the King would have sent to Hutton for his opinion the then Lord Keeper desired to let him alone and to leave him to himself that was all the ill office he did in that business February the six and twentieth upon Command from his Majesty by a then Secretary of State the Judges did Asseâ—ble in Serjeants Inn where then that Opinion was delivered and afterwards was inrolled in the Star-Chamber our other Court at which time I used the best arguments as I could where at that time Crook and Hutton differed in opinion not of the thing but whether the King was sole Judge Fifteen Moneths from the first they all subscribed and it waâ— Registred in the Star-Chamber and other Courts the reason why Crook and Hutton did subscribe was because they were over-ruled by the greater number this was all I did till I came to my Argument in the Exchequer where I argued the Case I need not to tell you what my Arguments were they are publique about the Town 〈◊〉 I tell you three or four things in the matter whether the Kingdome were in danger and in case of apparent danger it was not upon the matter but upon demuâ— I delivered my self then as free and as clear as any that the King ought to govern by the positive Laws of the Kingdome and not alter but by consent in Parliament and 〈◊〉 if he made use of it as a Revenue or otherwise that this Judgment could not hold him but never declared that mony should be raised I heard you had some hard opinion of me about this secret business it was far from my business and occasions but in Mr. 〈◊〉 absence I went to the Justice-seat when I came there I did both King and Common-wealth good service which I did with extream danger to my self and fortunes left it a thing as advantagious to the Common-wealth as any thing else I never went about to overthrow the Charter at the Forrest but held it a 〈◊〉 thing and ought to be maintained both for the King and 〈◊〉 Two Judges then were that held that the King by the Common-law might make a Forrest where he would when I came to be judge I declared my opinion to the contrary that the King was restrained and had no power to make a Forrest but in his own Demesn Lands I know that there is something laid upon me touching the Declaration that came out the last Parliament It is the Kings affaires and I am bound without his Licence not to disclose it but I hope I shall obtain leave from his Majesty and then I shall make it appear that in this thing I have not deserved your disfavours and will give good satisfaction in any thing I know that you are wise and will not strain things to the uttermost sence to hurt me God did not call David a man after his own heart because he had no feelings but because his heart was right with God I conclude all with this That if I must not live to serve you I desire I may die in your good opinion and favour But all could not serve to keep him from their Censure who voted him that very day a Traytor First For refusing to read the Remonstrance against the Lord Treasurer Weston 4. Car. when the Parliament desired it Secondly For soliciting perswading and threatning the Iudges to deliver their opinion for levying Ship-money Thirdly for several illegal actions in Forrest-matters Fourthly For ill Offices don in making the King to dissolve the last Parliament and causing his Majesties Declaration thereupon to be put forth The next day he was accused before the Lords but he was early up and thereby the more neer to give them the slip and the wiser he when no other defence could serve the Scrutiny he withdrew into Holland and there remained whilst his accusers became the more guilty and then he came home again The Parliament increasing in repute and power and minding to new-mold and over-turn or turn over to a new leaf were moddeling a Bill for a Triennial-Parliament and to bring it about businesses were devised and invited and the Counties set a work to send in their Petitions one of them subscribed with above eight hundred Presbyters and that was directly against the Hierarchy of Bishops which the King observed and mistrusting the willing reception He tells both houses the three and twentieth The King had reprieved one Goodman a Priest formerly condemned at the Sessions at Old Baily which made work for the Commons and by Master Glyn their Messenger to the Lords request them to adjoyn their Petition to his Majesty to be informed who should dare to be Instrumental in retarding of Justice in the Face of a Parliament to which the King by the Lord Privy Seal the eight and twentieth of Ianuary tells them the cause he being found guilty as being a Priest onely upon which account neither King Iames nor Queen Elizabeth ever exercised the penal Law This onely begat another Conference two days after with the Lords from which came this 〈◊〉 to the King That considering the state and condition of this present time they conceive the Law to be more necessary to be put in stricâ— execution than at any time before First because by divers Petitions from several parts of this Kingdom Complaints are made of the great increase of Popery and Superstition and the People call earnestly to have the Laws against 〈◊〉 put in execution Secondly Priests and Iesuits swarm in great number in the Kingdom and appear here with such boldness and confidence as if there were no Laws against them Thirdly it appeareth to the House that of late years about the City of London Priests and Iesuits have been discharged out of Prison many of them being condemned of High Treason Fourthly the Parliament is credibly informed that at this present the Pope hath a Nuncio or Agent resident in the City
Earl craved not to Answer an unexpected addition without time assigned yet the Lords prevailed and put him to a present reply 1. That he had withdrawn four and twenty thousand pounds and more from the Exchequer in Ireland and converted to his own use 2. That in the beginning of his Government the Garrisons of Ireland had been maintained by the English Treasury 3. That he had advanced popish and infamous persons as the Bishop of Waterford and others to the prime Room in the Church of Ireland Answer 1. That England was indebted to Ireland so much which he took up upon his own credit and paid it in again producing the Kings Authority and Letter for the same 2. That the Garrisons had been formerly burdensom to England which he so found and had so improved the Kings Revenues there that they were not burdensom at all 3. That he never preferred any but whom he conceived consciencious and honest not being able to prophesie of mens future conditions And for the Bishop of Waterford he hath satisfied the Law The next Day March 24. the particular Articles were inforced to each he answered in order The further Impeachment of Thomas Earl of Strafford by the Commons assembled in Parliament The first Article was not insisted upon 2. That shortly after the obtaining of a Commission dated the 21. of March in the 8. Year of his now Majesties Reign to wit the last Day of August then next following he the said Earl to bring his Majesties Liege-people into a dislike of his Majesty and of his Government and to terrifie the Iustices of the Peace from executing the Laws he the said Earl being then President of the Kings Council in the Northern parts of England and a Iustice of Peace did publickly at the Assizes held for the County of York in the City of York in and upon the said last Day of August declare and publish before the People there attending for the administration of Iustice according to the Law and in the presence of the Iustices sitting that some of the Justices were all for Law but they should finde that the Kings little finger should be heavier than the loyns of the Law Testified by Sir David Fowls and others The Earls Reply That Sir David Fowls was his profest Enemy that his words were clearly inverted that his expression was That the little finger of the Law if not moderated by the Kings gracious clemency was heavier than the Kings loyns That these were his words he verified First by the occasion of them they being spoken to some whom the Kings favour had then enlarged from Imprisonment at York as a Motive to their Thankfulness to his Majesty Secondly by Sir William Pennyman a Member of the House who was then present and heard the words Which Sir William declaring to be true the House of Commons required Iustice of the Lords against him because he had voted the Articles as a Member of the House whereupon Sir William wept 3. That the Realm of Ireland having been time out of minde annexed to the Imperial Crown of this his Majesties Realm of England and governed by the same Laws the said Earl being Lord Deputy of that Realm to bring his Majesties Liege-people of that Kingdom likewise into dislike of his Majesties Government and intending the subversion of the Fundamental Laws and settled Government of that Realm and the distraction of his Majesties Liege-people there did upon the 30. Day of September in the 9. Year of his now Majesties Reign in the City of Dublin the chief City of that Kingdom where his Majesties Privy Council and Courts of Iustice do ordinarily reside and whither the Nobility and Gentry of that Realm do usually resort for Iustice in a publick Speech before divers of the Nobility and Gentry and before the Maior Aldermen and Recorder and many Citizens of Dublin and other his Majesties Liege-people declare and publish that Ireland was a conquered Nation and that the King might do with them what he pleased and speaking of the Charters of the former Kings of England made to that City he further said that their Charters were nothing worth and did binde the King no further than he pleased Testified by the Earl of Cork and two other Lords The Earls Reply That if he had been over-liberal of his tongue for want of discretion yet could not his words amount to Treason unless they had been revealed within fourteen days as he was informed As to the Charge he said True it is he said Ireland was a conquered Nation which no man can deny and that the King is the Law-giver in matters not determined by Acts of Parliament he conceived all loyal Subjects would grant 4. That Richard Earl of Cork having sued out Process in course of Law for recovery of his Possessions from which he was put by colour of an Order made by the said Earl of Strafford and the Council-table of the said Realm of Ireland The said Earl of Strafford upon a Paper-petition without legal proceedings did the twentieth Day of February in the eleventh Year of his now Majesties Reign threaten the said Earl of Cork being then a Peer of the said Realm to imprison him unless he would surcease his Suit and said that he would have neither Law nor Lawyers dispute or question any of his Orders And the twentieth of March in the said eleventh Tear the said Earl of Strafford speaking of an Order of the said Council-table of that Realm made in the time of King James which concerned a Lease which the said Earl of Cork claimed in certain Rectories or Tithes which the said Earl of Cork alleged to be of no force said that he would make the said Earl and all Ireland know so long as he had the Government there any Act of State there made or to be made should be as binding to the Subjects of that Kingdom as an Act of Parliament And did question the said Earl of Cork in the Castle-chamber upon pretence of Breach of the said Order of Council-table and did sundry other times and upon sundry other occasions by his words and speeches arrogate to himself a Power above the Fundamental Laws and established Government of that Kingdom and scorned the said Laws and established Government The Earls Reply It were hard measure for a man to lose his Honour and his Life for an hasty word or because he is no wiser than God hath made him As for the words he confessed them to be true and thought he said no more than what became him considering how much his Masters Honour was concerned in him that if a proportionable obedience was not as well due to Acts of State as to Acts of Parliament in vain did Councils sit And that he had done no more than what former Deputies had done and than what was agreeable to his Instructions for the Council-table which he produced And that if those words were Treason they should have been revealed within
the House of Peers whose authority interest and priviledges was now as much slighted and despised as the King was after and as the Lords fell towards themselves in after successes easily passing over those former singular Acts of grace passed by him already in this Parliament or else ascribing them to their own wisdoms in the procurement and conclude against a Malignant party that they have no hope of setling the distractions of this Kingdom for want of a concurrence with the House of Lords into which number all these Lords were cast who presumed to dissent from any Propositions made by the House of Commons But not to hold you in suspence the business was thus When this engine Remonstrance was prepared for the people by the prime Leaders It was presented to the house of Commons and the greatest art imaginable to procure consent to have it passed there And after the longest debate that hath been observed from three a clock afternoon till ten a clock the next morning when many through weakness and weariness left the House So that it looked as it was sawcely said like the verdict of a starved Iury and carried onely by eleven voyces And shortly after that the King had been received with all possible expressions of loyal affection by the City of London against which it was murmured and the chief advancers of that duty discountenanced and their Loyalty envied at And when it was publiquely said in the House of Commons upon some dispute of a pretended breach of the order of the House That their Discipline ought to be severe for the Enemy was now in view meaning the King returned then I say was the Petition and Remonstrance presented to his Majesty at Hampton Court I could wish you had it at length as it was printed but this History growes big with necessary abreviations suppose these what the wit and malice of man could rake together to make a Sovereign suspected of his Subjects Their Petition thus in effect Most gracious Soveraign Your Majesties most humble and faithful Subjects the Commoners in this present Parliament doe with joy acknowledge this favoâ—r of God for his safe return into England when the dangers and distempers of the State have caused them to desire his presence and authority to his Parliament for preventing of eminent ruine and destruction to his Kingdome of England and Scotland fomented by a Malignant party for alteration of Religion and Government the increase of Popery by the practice of Iesuits and other Engineers and factors for Rome corrupting the Bishops and Privy Council They being the cause of the late Scotish war and the Irish Rebellion now for prevention they pray that his Majesty would concur with his Parliament deprive the Bishops of their Votes To take a way oppressions in Religion Church Government and Discipline To purge his Councils of such as are promotors of these corruptions and not to alienate any escheated Lands in Ireland by reason of the Rebellion And these being granted they will make him happy To this the body of their Remonstrance was annexed very particular and large which they draw down from the beginning of the Kings Reign pretending to discover the Malignant party and their designs and consequently the miseries thereby to the State And this they intitle A Remonstrance of the Kingdom Die Mercurii December 15. 1641. In brief to set it down from these Heads 1. The Root and the growth of these mischievous Designs 2. The maturity and ripeness to which they have attained before the beginning of this Parliament 3. The effectual means which hath been used for the extirpations of these dangers evils and progress that hath been made therein by the Kings goodness and the wisdome of Parliament 4. The waies of obstruction and opposition by which the Progress hath been interrupted 5. The courses to be taken for removing those obstacles and for the accomplishing of their dutiful and faithful intentions and endeavours of restoring and establishing their ancient honour greatness and security of this Crown and Nation The Root of all this mischief they finde to be a Malignant and pernicious Design of subverting the fundamental Laws and Principles of Government upon which the Religion and Iustice of the Kingdome are firmly established The Actors and Promoters hereof have been 1. The Iesuited Papists who hate the Laws as the Obstacles of that change and subversion of Religion which they so much long for 2. The Bishops and the corrupt part of the Clergy who cherish formalities and superstitions as the natural effects and more probable supports of their own Ecclesiastical Tyranny and usurpation 3. Such Councellors and Courtiers as for private ends have ingaged themselves to further the Interest of some foreign Princes or states to the prejudice of the King and State at home And to make it more credible the Remonstrance moulds out some common Principles by which they pretend â—ll the Malignant Councels and actions were governed and these are branched in four particulars in effect That the Malignant party maintained continual differences and discontents betwixt the King and the people upon questions of Perogative and priviledge that so they might have say they the advantage of siding with him and under the notions of Men addicted to his service gain to themselves and their parties the places of greatest trust and power in the Kingdome They suppressed the purity and power of Religion and such as we asserted to it as being contrary to their own ends and the greatest impediment to that charge which they thought to introduce Then to conjoyn these parts of the Kingdome which were most propitious to their own ends and to divide those who went most opposite which consisted in many particular observations to cherish the Arminian part in those points wherein they agree with the Papists to multiply and enlarge the differences between the Protestant and those which they call Puritans to introduce and countenance such opinions and Ceremonies as are fittest for accommodation with Popery to increase and maintain ignorance looseness and prophaness in the people that if these three parties Papists Arminians and Libertinâ—s they might compose a body fit to act such Councels and resolutions as were most conduceable to their ends And politickly they disaffected the King to the Parliament by slanders and false imputations and by putting him upon other waies of supply which in shew and appearance were fuller of advantage than the ordinary course of subsidies though in truth they brought more loss than gain both to King and People and have caused the distractions under which we suffer Then the Remonstrance comes to particular charges against this Malignant party 1. The dissolution of the Parliament at Oxford two subsidies being given and no grievance relieved 2. The loss of the Rochel fleete by our shipping delivered over to the French to the loss of that Town and the Protestant Religion in France 3. The diverting of his Majesties course of wars
and profitable Pasture Bogs Woods and barren Mountains cast in over and above in free and common Soccage of the King as of his Castle of Dublin Secondly that out of those Acres a constant Rent to be reserved to the Crown of England in this proportion Out of each Acre thereof in Ulster one penny Connaught one penny half penny Munster two pence farthing Lemster three pence Thirdly that for erecting Mannours creating Corporations regulating of Plantations Commissioners shall be impowred by Parliament Fourthly all Undertakers to subscribe before several Days prefixt in reference to the distance of abode from London Fifthly their Moneys to be paid into the Chamber of London at four payments viz. a fourth part in ten Days after subsigning and the third payment at thrice three Moneths Sixthly at subsigning to pay down the twentieth part of his total Sum and if he fail of his residue of the first fourth part within ten Days he shall forfeit the twentieth part of the total deposited and so much more of his fourth payment to be added thereto as shall make up the one Moiety of the said first payment And if he fail in any other of the three payments he shall then forfeit his entire first fourth part and all his Subscription to accrue to the common benefit of the rest of the Undertakers which the King confirms Febr. 26. And the Committee of Members issue out their Warrants We the Committee appointed to receive the Moneys given by the Members of the House of Commons for the Relief of the distressed that are come out of Ireland require you to send a Certificate of what Sums of Money are collected in your Parish and the Moneys to us who are appointed to receive the same It is marvellous what Contributions were gleaned from the people by the prevailing Incitements of the Ministers such whining for the distressed Brethren of Ireland what vast Sums collected at every Church-doors and paid and how disposed is yet very doubtfull but how much or little the Members themselves did contribute mine eâ—s were never witness nor could I ever learn The Parliament thus forward in power press the King to confirm the Ordinance of the Militia To which the King now returned to Greenwich sends this Answer commanding the Lord Keeper Littleton to see it read to the House of Peers Febr. 28. He first findes great cause to except against the Preface which confesseth a most dangerous Design upon the House of Commons supposed to be an effect of the bloudy counsels of Papists which some may understand by their printed Papers to be his coming in person the fourth of Ianuary to demand the five Members In which he had no other Design than to require them to justice without any intent of violation upon any person nor was there any provocation by any of his Train As for the Militia he is contented to allow the persons named for the Counties but concerning the City of London and other Corporations it can not stand with justice or policy to alter their Government in that particular but will grant to them such Commâ—ssions as he hath done this Parliament to other Lieutenants or otherwiâ—e he shall do it than to have it first by some Law invested in him with power to transfer it to others and to be digested into an Act of Parliament rather than an Ordinance lest there be a latitude for his good Subjects to suffer under any arbitrary power whatsoever As to the time for continuance of that power he cannot consent to divest hâ—mâ—elf of the power which God and the Laws have placed in him to put it into the hands of others for an indefinite time And sinâ—â— the ground of their Designs refers to their Jealousies and Feaâ— he hopeth that his grace to them since the former Exceptions â—s sufficient to expell any fear from former suspitions And since he is willing to condescend to all their Proposals concerning the County Militia onely excepting that of London and other Corporations which will be more satisfactory if the Parliament weigh it well than their own Proposals by an Ordinance to which for these Reasons he cannot consent And because he perceives that in some places some persons begin to intermeddle of themselves with the Militia he expecteth that his Parliament should examine the particulars thereof being of great concernment and consequence and to be proceeded against according to Law And now it working very high the King takes leave of these parts and progresseth to Theobalds declining this place and his Parliament Nor are they willing to stay him being that his absence would contribute to their intentions yet thither they follow him with a Petition rather to put him forward than to recall him Therein protesting that if his Majesty persist in the Denial of the Militia the Dangers are such as will endure no longer Delay but to dispose of it by Authority of Parliament and resolve so to do as it hath been by them propounded And that for the safety of his person and people in much Jealousie and Fear he will be pleased to continue his abode near London and the Parliament and to continue the Prince at Saint Iames's or any other Houses near London to prevent the Jealousies and Fears of the people That by the Laws of the Realm the power of the Militia of raising ordering and disposing thereof in any place cannot be granted to any Corporation by Charter or otherwise without consent of Parliament and that those parts of the Kingdom that have put themselves in a posture of Defence have done it by Declaration and Direction of Parliament March 1. The King so much confounded with the former pressing Petitions and this so peremptory to which no Answers have appeared satisfactory in much regret he suddenly replies under his own hand That he is so amazed at this Message he knows not what to answer You speak of Iealousies and Fears says he lay your hands to your hearts and ask your selves whether I may not in earnest be disturbed with Fears and Iealousies And if so I will assure you this your Message hath nothing lessened them For the Militia I thought as much before my last Answer being agreeable to what in Iustice or Reason you can ask or I in honour grant which I shall not alter in any point I wish my Residence near you might be so safe and honourable that I had no cause to absent my self from White-hall Ask your selves whether I have not I shall take that care of my Son which shall justifie me to God as a Father and to my Dominions as a King I assure you upon mine honour I have no thoughts but of Peace and Iustice to my People which I shall by all fair means seek to preserve relying upon the goodness of God for the preservation of my self and Rights This is such a style of Resolution they quickly proceed to Voting of all the particulars of their former Petitions and
out of the Kings aim for the present but to be hazzarded in the future if the Parliament do not remove it to London which was their Design Therefore the County of York petition the King that the Magazine may still remain in respect of securing the Northern parts especially where his person does reside being like David's the Light of Israel more worth than ten thousand besides The best assurance to give them sufficient answer was to seize it himself into his own hands or rather to take view of what might be fitting to remain there or to remove it for Ireland and taking onely a Guard for his person of his Domesticks and neighbour Gentry went in person the three and twentieth of April but contrary to his expectation the Gates were shut upon him the Bridges drawn up anâ— from the Walls appears Sir Iohn flatly denies him entrance his Reason without Breach of Trust to his Parliament and â—o seditiously put his Treason upon them to which the King demanded iâ— they had so directed him to shew their Order And after a reasonable time of parley Hotham having a thousand in Garison excepted against the greatness of the Kings Train at length against him and twenty Horse and at last against any at all unless by condition which the King disdaining Hotham was there to his face proclaimed Traitour And there being in the Town the Duke of York and the Prince Electour having gone there the day before to visit the place with much ado and long consultation ere they could be let out to the King And for this Treason his Majesty demands justice of his Parliament against Sir Iohn April 24. This act apprehended to be high Treason against the Kings person 25 Ed. 3. 11 H. 7. It was so certified by Letter to the Mayor and Fraternity of Kingston upon Hull as a warning to them and the Gâ—rison not to adhere to Hotham and declare their allegeance but to lay down their Arms and admit of the King and requiring them all not to permit any part of the Magazine to be removed without the Kings assent being more willing to enlarge their immunities than by any occasion to question their Charter April 25. And not being able to endure this affront he again sends to the Parliament that the Town and Magazine be immediately delivered up to him and exemplary justice upon Hotham and tells them â—ll this be done he will intend no other business whatsoever for to be worse in condition than the meanest Subject not to enjoy his own 't is time to examine how he lost them and to trie all possible waies by help of God the Law and his good Subjects to recover them and vindicate himself And concludes if we shall miscarrie herein we shall be the first Prince of this Kingdom that hath done so and God so deal with us as we continue in these resolutions To which Messages having no return Scouts are laid to intercept Letters or Messengers between Hull and the Houses which they vote to be such a Breach of Parliament as to defend it with all their lives and fortunes and order That the Sheriffs and Iustices of the peace of the Counties of York and Lincoln suppress all Forces that shall be raised or gathered together against the Town of Hull or to disturb the peace The Bill of the Militia as the King designed it to be drawn by his Council was declined by the Parliament and a new one fitted by themselves and presented to the King which he refused being the fiâ—st which he â—annot ought not must not pass for these Reasons he resolved upon against which they never gave one Argument to satisfie his judgment they having put the power in the persons nominated by them for two years excluding the Kings in disposing or executing any thing together with them without limitation or circumstance which he offered not to do neither withou their advice and in his absence in Ireland or other place to be soly in them and that for a year It was strange for them to press the King herein for the power in particular persons what to expect from an exorbitant legal power when Hotham's late insolency by a power not warranted by Law dares venture upon a treasonable disobedience Besides they had put Names out and in altering the former Ordinance with especial provision against such as would obey no Guide but the Law of the Land as in particular the good Lord Mayor of London Gurney a person now in their disfavour in whose behalf the King told them His demeanour hath been such as might be example to the Citie and the whole Kingdom This being thus refused they take to heart Hull and Hotham 's cauâ—â— by Declaration votes and orders therein That the desperate Desigâ— of Papists occasioned the Parliament to intrust Hull to Sir John Hotham a Member of theirs of the same Countie of considerable fortune and unquestionable approved integritie who not long after turned Traitour to them and the rather there because of former intercepted Letters of the Lord Digby to the Queen and Sir Lewis Dives And that Captain Leg should have surprized the Town the Earl of New-castle coming thitâ—er suspitiously aâ—d then the Kings cominâ— with force to surprize the Garison and to deprive Sir John of his life which the Parliament reserv'd for the Gallows All which being by the King a high Breach of the Privilege and violation of Parliament they think fit to clear by votinâ— it and Hotham justified and send a Committee of Lords and Commons to reside there for the better securing Hull and him April 28. It was no boot for the King to dispute these proceedings how unreasonable how unjust yet he does in an Answer to theirs advise the Subject to peruse the Statute 11 H. 7. cap. 1. and concludes with Mr. Pym's words in one of his Speeches If the Prerogative of the King overwhelm the Libertie of the People it will be turned into Tyrannie If Libertie undermine the Prerogative it will grow into Anarchie And the King adds of his own We say into confusion Nay to add to the Kings anger Hotham is authorized to issue out his Warrants to raise divers of the Trained Bands in the County of York and to march with their Arms into Hull where being come he disarms them and turns them home again This the King signifies to the High Sheriff and that it cannot be done legally but by the Kings Warrant or Writ or the Lords Lieutenants or Deputies by Commission And there being now no Lord Lieutenant and the former Commission to Colonels Captains and other Officers of Trained Bands derived from him being void And therefore commands him to signifie to all the late Colonels and Officers and to all Controllers upon their Allegeance not to muster or train or march with any Trained Bands without the Kings immediate command or Writ and if they refuse obedience then to command Posse Comitatus to suppress them
dare present their tenderness of his sufferings their own just grievances and the sense of the violation of the Laws if they did it was stifled in the birth and called Sedition and burnt by the Hang-man They have so restrained his Houshold sworn Servants seized upon his Money which his credit had gotten to buy him Bread so that in effect they have blocked him up in York They have filled the Peoples ears with Fears and Jealousies idle Tales false Allarms by which to prepare the peoples impressions the better to advance their Design when it should be ripe And now the King it seems must be ready to receive these humble desires Nor do they tell the King that these Propositions are all No these are yet but Preparatives Some of these disguised with mixtures of real honest things others specious and popular and some already granted by the King all which are cunningly twisted with those other things of their main Design Ambition and private Interest and so not easily to be discerned in their proper colours Not that the King fixes this Design upon all and both Houses many absent many dissenting but professes to all the World that the malignity of the Design dangerous and wicked hath proceeded from all subtil informations mischievous practises and evil counsels of ambitious spirits dis-affected to God Religion unity peace and prosperity of the people with a strong influence upon the very actions of both Houses And these Propositions coming to the King in the name of both Houses he takes the more notâ—ce of every of them and answers to this effect following which because he expresseth in the first person plural not usual heretofore I shall so represent it If the nineteen Propositions had been in a Tragedie unknown to us and our people they might have been believed as they profess to be in order to the ends proposed in the Petition to us and our people honour peace and happiness But being understood will rather appear a Mockerie and a scorn And we unworthie of our Trust or Descent from so many famous Ancestours if we abandon that power which enables us to protect our people and Laws and so assume others into it as to divest our selves of it as if we were already vanquished and a prisoner and the most unfortunate of our predecessours that have been reduced to by the most criminal of their Subjects And though the Bait laid to draw us to it the promises of a plentifull and unparallel'd Revenue were reduced from generals which signifie nothing to clear and certain propositions would but resemble Esau's Bargain to part with such Flowers of our Crown as are worth all the rest of the Garland which gives us cause to believe that the Contrivers of these had no intention of a good Accommodation but rather to widen that Division which is by their fault fallen upon us both It is asked That all the Lords and others of our Privy Council and such or all great Officers and Ministers of State either at home or beyond Sea to leave out no person or place that our dishonour may not be bounded at home should be put from our Privy Council and from these Offices and Imployments unless by them approved How faithfull soever we have found them or how innocent in offending the onely Rule for all men to walk by But to this part of the Demand we are willing that they shall take a larger Oath than you desire in your 11th Demand for maintaining the whole Law That they shall be persons of Trust and abilities without exception reasonable And to be left to the justice of the Law upon sufficient charge or proof against any of them And that we have given you the best pledg of the effects of our promise and the best securitie for their dutie a Triennial Parliament to make them warie how they provoke and us warie how we chuse such as may discredit our Election But that without any fault objected onely because some persons who have too great an influence on both Houses shall judg them not affected to that new Utopia of Religion and Government into which they endeavour to transform the Kingdom we will never consent to the displacing of any of merit and affection to us and the publick whom we have intrusted since we conceive it would take away from the affection of our service the care of us and the honour of our justice And we the more wonder that it should be asked of us since by your twelfth Demand your selves count it reasonable after the present turn be served that the Judges and Officers who are then placed may hold them Quam diu se bene gesserint But this Demand is but one Link of a good Chain or but the first Round of the Ladder by which our just ancient regal power is endeavoured to be fetched down to the ground not with the persons now chosen but with our chusing that you are displeased for they must be approved by both Houses And of the two if we would grant away either we would sooner be content that you should nominate and we approve lest by our Election we should hazzard whom we esteemed to the scorn of your refusal if they be not agreeable to the passion interest or humour of the major part of the House Not to speak of the great Factions and Divisions which this power would introduce in the Parliament between both Houses and in the several Counties for the choice of persons and between them that were so chosen Nor is the potion prescribed onely for once for the curing of some pressure or present disease but for a Diet to us and our posteritie It is demanded That our Counsellours all chief Officers of Law and State Commanders of Forts and Castles and all Peers hereafter made be approved of by them from time to time and rather than ever it should be left to the Crown to whom it doth and shall belong if any place fall void in intermission of Parliaments the major part of the approved Counsellours is to approve them And so we must not onely acquit our Right but for Councellours we are restrained in the number as in the persons and if they have this power it were not fit we should be trusted to chuse those which were to be trusted as much as we It is demanded That such matters as concern the publick and are proper for the high Court of Parliament may be debated resolved and transacted onely in Parliament and such as presume to do to the contrary shall be censured by Parliament and such other matters of State as are proper for debate with our Privy Council shall be concluded by such of our Nobility or rather herein your Nobilitie and others as shall be chosen for that place by approbation of Parliament and that not publick acts concerning the affairs of the Kingdom proper for our privie Council be esteemed valid or proceeding from royal Authority unless it be done
his Forces within the Counties of Devon Cornwall Somerset Dorset Wilts Southampton Glocester Berks Oxford Hereford Monmouth Radnor Brecknock Glamorgan Carmarthen Pembroke Cardigan The Cities of Exeter Bristol â—locester Oxford Bath and Wells New Salisbury and Hereford The Towns of Pool Southampton and Havenport and of all the Trained Bands and others Voluntiers to march against the said Earl of Essex and his Complices and them subdue specially in behalf of the Town of Portsmouth the Isle of Wight and Southampton August 9. at York 'T is true that the King did what he could to answer them in Arms he being put upon the defensive part and so and not otherwise to oppose the Parliament As they began by Meetings and Mutinies they now proceed to the effects fighting upon which the King falls into a Soliloquy with himself thus I finde that I am says the King at the same point and posture I was when they forced me to leave White-hall what Tumults could not do an Armie must which is but Tumults listed and enrolled to a better order but as bad an end my recess hath given them confidence that I may be conquered And so I easily may as to any outward strength which God knows is little or none at all but I have a Soul invincible through Gods grace inabling me here I am sure to be Conquerour if God will give me such a measure of constancie as to fear him more than man and to love the inward peace of my conscience before any outward tranquillitie And must I be opposed â—ith force because they have not reason wherewith to convince me O my Soul be of good courage they confess their own weakness as to â—ruth and Iustice who chuse rather to contend by Armies than by Arguments Is this the reward and thanks that I am to receive for those many acts of grace I have lately passed and for those many Indignities I have endured Is there no way left to make me a glorious King but by my Sufferings It is an hard and disputable choice for a King that loves his People and desires their love either to kill his own Subjects or to be killed by them Are the hazzards and miseries of Civil War in the bowels of my most flourishing Kingdom the fruits I must now reap after seventeen years living and reigning among them with such a measure of justice peace plentie and Religion as all Nations about either admired or envied Notwithstanding some miscarriages in Government which might escape rather through ill counsel of some men driving on their private ends or the peevishness of others envying the publick should be managed without them or the hidden and insuperable necessities of State than any propensitie I hope of my self either to injuriousness or oppression Whose innocent bloud during my Reign have I shed to satisfie my lust anger or covetousness What Widows or Orphans tears can witness against me the just crie of which must now be avenged with mine own bloud For the hazzards of War are equal nor doth the Cannon know any respect of persons In vain is my person excepted by a Parenthesis of words when so many hands are armed against me with Swords God knows how much I have studied to see what ground of justice is alledged for this War against me that so I might by giving just satisfaction either prevent or soon end so unnatural aâ—otion which to many men seems rather the production of a surfeit of peace and wantonness of mindes or of private discontents ambition and faction which easily finde or make causes of quarrel than any real obstruction of publick justice or parliamentarie privilege But this is pretended and this I must be able to avoid and answer before God in mine own conscience however some men are not willing to believe me lest they should condemn themselves When I first withdrew from White-hall to see if I could allay the insolencie of the Tumults of the not suppressing of which no account in reason can be given where an orderly Guard was granted but onely to oppress both mine and the two Houses freedom of declaring and voting according to every mans conscience what obstructions of justice were there further than this that what seemed just to one man might not seem so to another Whom did I by power protect against the justice of Parliament That some men withdrew who feared the partialitie of their trial warned by my Lord of Strafford's death while the vulgar threatned to be their Oppressours and Iudgers of their Iudges was from that instinct which is in all creatures to preserve themselves If any others refused to appear where they evidently saw the current of justice and freedom so stopped and troubled by the Rabble that their lawfull Iudges either durst not come to the Houses or not declare their sense with libertie and safetie it cannot seem strange to any reasonable man when the sole exposing them to the publick odium was enough to ruine them before their cause could be heard or tried Had not factious Tumults overborn the freedom and honour of the two Houses had they asserted their justice against them and made the way open for all the Members quietly to come and declare their consciences I know no man so dear to me whom I had the least inclination to advise either to withdraw himself or denie appearing upon their Summons to whose Sentence according to Law I think every Subject bound to stand Distempers indeed were risen to so great a height for want of timely repressing the vulgar insolencies that the greatest guilt of those which were voted and demanded as Delinquents was this That they would not suffâ—r themselves to be overaw'd with the Tumults and their Patroâ—s nor compelled to abet by their suffrages or presence the Designs of those men who agitated Innovations and ruine both in Church and State In this point I could not but approve their generous constancie and cautiousness further than this I did never allow any mans Refractoriness against the Privileges and Orders of the Houses to whom I wished nothing more than Saftie Fulness and Freedom But the truth is some men and those not many despairing in fair and Parliamentarie waies by free deliberations and Votes to gain the concurrence of the majoâ— part of Lords and Commons betook themselves by the desperate activitie of factious Tumults to sift and terrifie away all those Memâ—ers whom they saw to be of contrarie mindes to their purposes How oft was the business of the Bishops enjoying their ancient places and undoubted privileges in the House of Peers carried for them by far the major part of Lords Yet after five Repulses contrarie to all Order and Custom it was by tumultuarie Instigations obtruded again and by a few carried wheâ— most of the Peers were forced to absent themselves In like manner was the Bill against Root and Branch brought on by tumultuarie Clamours and schismatical Terrours which could never pass â—ill both Houses were
favour and grace by many Acts they would devise their Reasons of fear That he meant never to observe them To others that were deterred to consider the effects of abusing so gracious a Sovereign they would perswade them That those about the King could work him to their wills Then they get all the Militia and power of the Kingdom into their hands garison Hull and Hotham their Governour there and the Tower of London brought under subjection of one of their own and so with continual vexations caused the King to withdraw his person and to secure the Queen to pass beyond the Seas and himself to retire towards the North. What hath happened since his coming to York is so notorious as with amazement to all parts of Christendom to see the wisdom courage affection and loyalty of the English Nation so far shrunk and confounded by malice cunning industry of persons contemptible in number inconsiderable in fortune and reputation united onely by guilt and conspiracy against the King Treason licensed in Pulpits persons ignorant in learning seditious in disposition scandalous in life unconformable to Laws are the onely men recommended to authority and poweâ— to impoison the mindes of the multitude The Kings goods money and what not seized from him and to make the scorn compleat he must be perswaded That all is done for his good Opinions and Resolutions imposed upon him by Votes and Declarations That the King intends to levie war and then Arms are taken up to destroy him All Actions of his for his advantage are straightway voted illegal All the great Officers of State coming to the King are pursued with Warrants to all Mayors Justices Sheriffs and others to apprehend them compelling the Countries to take Arms against the King His Ships are taken from him and the Earl of Warwick made Admiral in despite of the King And after all this Mr. Martin should say That the Kings Office is forfeitable and the happiness of the Kingdom does not depend on him or any of the regal Branches of that stock And Sir Henry Ludlow should say That the King was not worthy to be King of England and that he hath no Negative Voice that he is fairly dealt with that he is not deposed that if they did that there would be neither want of modestie or dutie in them They publish scandalous Declarations commit his great Officers for doing their duties Raise an Army and chuse the Earl of Essex General with power to kill and slay whom he list They convert the Money given by Act of Parliament for the Discharge of the Kingdoms Debts and for Relief of Ireland and all to serve their turn to war against the King Commit those Lords that are loyal degrade nine Lords at a clap for coming to the King Take Tunnage and Poundage without the Kings consent But can the Nobility Gentry Clergy and Commonalty of England sacrifice their Honour Interest Religion Liberty to the meer sound of a Parliament and Privilege Can their experience Reason and Understanding be captivated by words And then he sums up many of his graces favours freedoms to them and the people And yet into what a Sea of Bloud is the Rage and Fury of these men lanching out to wâ—est that from him which he is bound to defend How have the Laws of Hospitality civility been violated discourses whispers in conversation been examined and persons committed and so kept during pleasure His and the Queens Letters broken open read publickly and commented upon that Christendom abhors to correspond with us Crimes are pretended against some men and they removed for others to be preferred If Monopolies have been granted to the prejudice of the people the calamity will not be less if it be exercised by a good Lord by a Bill now then it was before by a Patent And yet the Earl of Warwick thinks fit to require the Letter Office to be confirmed to him for three Lives at the same time that it is complained of as a Monopoly and without the alteration of any circumstance for the ease of the Subject and this with so much greediness and authority that whilest it was complained of as a Monopoly he procured an Assignment to be made of it to him from the person complained of after he had by his interest stopped the proceedings of the Committee for five Moneths before the Assignment made to him upon pretence that he was concerned in it and desired to be heard And the King concludes all with this Protestation That his quarrel is not against the Parliament but against particular men who first made the wounds and will not suffer them to be cured whom he names and will be ready to prove them guiltie of high Treason And desires that the Lord Kimbolton Mr. Hollis Mr. Pym Mr. Hambden Sir Arthur Haselrig Mr. Strode Mr. Martin Sir Henry Ludlow Ald. Pennington and Capt. Ven may be delivered up to the hands of justice to be tried according to the Laws of the Land Against the Earl of Warwick the Earl of Essex Earl of Stamford Lord Brook Sir John Hotham Major General Skippon and those who shall henceforth exercise the Militia by virtue of the Ordinance he shall cause Indictments of high Treason upon the Statute of 25 Edw. 3. Let them submit to their Trial appointed by Law and plead their Ordinances if they shall be acquitted he hath done And that all his loving Subjects may know that nothing but the preservation of the true Protestant Religion invaded by Brownism Anabaptism and Libertinism the safetie of our person threatned and conspired against by Rebellion and Treason the Law of the Land and Libertie of the Subject oppressed and almost destroyed by an usurped unlimited arbitrarie power and the freedom privilege and dignitie of Parliament awed and insulted upon by force and Tumults could make us put off our long-loved Robe of peace and take up defensive Arms. He once more offers pardon to all those that will desire the same except the persons before named if not he must look upon these Actions as a Rebellion against him and the Law who endeavour to destroy him and his people August 12. 1642. The Parliament had passed an Act for raising of four hundred thousand pounds by Overtures of Adventurers and Contributions and Loans for Relief of Irelaâ—d and Money and Plate was thereafter very heartily brought in to the Parliament when upon the thirtieth of Iuly the vote That the Treasurers appointed to receive the money already come in upon Subscriptions for Ireland do forthwith furnish by way of Loan unto the Committee for defence of the Kingdom one hundred thousand pounds for the supplie of the publick necessitie and defence of this Kingdom upon the Publick Faith Of which the King remembers them and of the Act of Parliament That no part of that money shall be imployed to any other purpose than the reducing of those Rebells And therefore charges the House of Commons as they will answer the
peoples Their many and sore oppressions grieve me I am above mine own what I want in the hands of force and power I have in the wings of Faith and Prayer But this is the strange method these men will needs take to resolve their Riddle of making me a glorious King by taking away my Kingly power thus I shall become a support to my Friends and a terrour to mine Enemies being unable to succour the one or suppress the other For thus have they designed and propoâ—ed to me the new modelling of Sovereigntie and Kingship so without any realitie of power or without any necessitie of subjection and obedience That the Majestie of the Kings of England might hereafter hang like Mahomet's Tomb by a Magnetick Charm between the power and privileges of the two Houses in an aierie imagination of Regalitie But I believe the surfeit of too much power which some men have greedily seized on and now seek wholly to devour will ere long make the Common-wealth sick both of it and them since they cannot well digest it Sovereign Power in Subjects seldom agreeing with the Stomachs of fellow Subjects Yet I have even in this point of the constant Militia sought by satisfying their fears and importunities both to secure my Friends and overcome mine Enemies to gaine the peace of all by depriving my self of a sole power to help or hurt any yielding the Militia which is mine undoubted Right no less than the Crown to be disposed of as the two Houses shall thank fit during my time So willing am I to burie all Iealousies in them of me and to live above all Iealousies of them as to my self I desire not to be safer than I wish them and my people if I had the sole actual disposing of the Militia I could not protect my People further than they protected me and themselves so that the use of the Militia is mutual I would but defend my self so far as to be able to defend my good Subjects from those mens violence and fraâ—d who conscious to their own evil merits and Designs will needs perswade the world that none but Wolves are fit to be trusted with the custodie of the Shepherd and his Flock Miserable experience hath taught my Subjects since power hath been wrested from me and imployed against me and them that neither can be safe if both be not in such away as the Law hath intrusted the publick safetie and welfare Yet even this Concession of mine as to the exercise of the Militia so vast and large is not satisfactorie to some men which seem to be Enemies not to me onely but to all Monarchie and are resolved to transmit to posteritie such Iealousies of the Crown as they should never permit it to enjoy its just and necessarie Rights in point of power to which as last all Law is resolved while thereby it is best protected But here Honour and Iustice due to my Successours forbid me to yield to such a total alienation of that power from them which civilitie and dutie no less than Iustice and Honour should have forbad them to have asked of me For although I can be content to eclipse mine own beams to satisfie their fears who think they must needs be scorched or blinded if I should shine in the full lustre of Kingly power wherewith God and the Laws have invested me yet I will never consent to put out the Sun of Sovereigntie to all posteritie and succeeding Kings whose just recoverie of their Rights from unjust usurpations and extortions shall never be prejudiced or obstructed by any Act of mine which indeed would not be more injurious to succeeding Kings than to my Subjects whom I desire to leave in a condition not wholly desperate for the future so as by a Law to be ever subjected to those many factious Distractions which must needs follow the many-headed Hydra of Government which as it makes a shew to the people to have more eys to foresee so they will finde it hath more mouths too which must be satisfied and at best it hath rather a monstrositie than any thing of perfection beyond that of right Monarchie where counsel may be in many as the senses but the Supreme power can be but in one as the Head Happily when men have tried the horrours and malignant influence which will certainly follow my enforced Darkness and Eclipse occasioned by the interposition and shadow of that Bodie which as the Moon receiveth its chiefest light from me they will at length more esteem and welcome the restored glorie and blessing of the Sun 's light And if at present I may seem by my receding so much from the use of my Rights in the power of the Militia to come short of the Discharge of that trust to which I am sworn for my peoples protection I conceive those men are guiltie of the inforced perjurie if so it may seem who compell me to take this new and strange way of discharging my Trust by seeming to desert it or protecting my Subjects by exposing my self to Danger or Dishonour for their safetie and quiet Which in the Conflicts of Civil War and Advantages of Power cannot be effected but by some side yielding to which the greatest love of the publick peace and the firmest assurance of Gods protection arising from a good conscience doth more invite me than can be expected from other mens fears which arising from the injustice of their actions though never so succesfull yet dare not adventure their Authours upon any other way of safetie than that of the Sword and Militia which yet are but weak Defenses against the stroaks of divine vengeance which will over-take or of mens own consciences which always attend injurious perpetrations For my self I do not think that I can want any thing which providential necessitie is pleased to take from me in order to my peoples tranquillitie and Gods glorie whose protection is sufficient for me and he is able by his being with me abundantly to compensate to me as he did to Job whatever honour power or libertie the Chaldeans the Sabeans or the Devil himself can deprive me of Although they take from me all Defence of Arms and Militia all Refuge by Land of Forts and Castles all Flight by Sea in my Ships and Navie yea though they studie to rob me of the hearts of my Subjects the greatest Treasure and best Ammunition of a King yet cannot they deprive me of mine own innocencie or Gods mercie nor obstruct my way to Heaven We enter upon the militarie effects of this civil uncivil War betwixt the King and Parliament both parties preparing their several Armies The King is Generalissimo himself in person over his own his Captain General as yet named was the Marquess Hertford but when he came to action he elected for his General that faithfull loyal wellâ—experienced Commander the Earl of Lindsey Lord High Chamberlain of England And the Earl of Essex was Captain General for
at last The King in the head of his Army between Stafford and Wellington after the reading of his Orders military himself tells them Gentlemen I shall be very severe in punishing every person offending without distinction He cannot suspect their courage and resolution their conscience and loyaltie having brought them hither for their Religion their King and the Laws of the Land against their Enemies none but Traitors most of them Brownists Anabaptists and Atheists such as desire to destroy both Church and State and who have already condemned you to ruine for being loyal to him And makes this Protestation I do promise in the presence of Almightie God and as I hope for his blessing and protection that I will to the utmost of my power defend and maintain the true Reformed Protestant Religion established in the Church of England and by the grace of God in the same will live and die I desire to govern by the known Laws of the Land and that the Liberty and Propriety of the Subject may be by them preserved with the same care as mine own just Rights And if it please God by his blessing upon this Armie raised for my necessarie Defence to preserve me from this Rebellion I do solemnly and faithfully promise in the sight of God to maintain the just Privilege and Freedom of Parliament and to govern by the known Laws of the Land to my utmost power and particularly to observe inviolably the Laws consented unto by me this Parliament In the mean while if this time of War and the great necessitie and straits I am now driven unto beget any violation of these I hope it shall be imputed by God and Man to the Authours of this War and not to me who have so earnestly laboured for the peace of this Kingdom When I willingly fail in these particulars I will expect no Aid or Relief from any man or protection from Heaven But in this resolution I hope for the chearful assistance of all good men and am confident of Gods blessing Septemb. 19. And that the several Armies might not over-start each other the Parl. declares That all their Foot and Horse in London and all parts in England shall within eight and fourty hours march to their General the Earl of Essex for defence of the King and Kingdom the Privilege of Parliament and Liberty of the Subjects and such Regiments as are not four hundred and Troops not fourty shall be cashiered and disposed to recruit others excepting the Regiments of Colonel Essex and Ballard being in the States service Sept. 23. And order that Delinquents houses shall be preserved as houses of the Common-wealth for publick service or Prisons And because the Earl of Essex may be assured upon what Basis he is called to be their General they sent to him the Parliaments Petition to the King to be presented by him which tells his Majesty That his loyal Subjects the Lords and Commons in Parliament can not without tenderness of compassion behold the pressing calamities of England and Ireland by the practices of a prevailing partie with his Majestie to alter true Religion the ancient Government of this Kingdom introducing superstition in the Church and confusion in the State exciting incouraging and fostering the Rebellion in Ireland and as there so here begin the like Massacre by drawing on a War against the Parliament leading his Person against them as if by conquest to establish an unlimited power over the people seeking to bring over the Rebells of Ireland to joyn with them and all these evil Counsellours are defended and protected by him against the justice of Parliament who have for their just defence of Religion the King Crown and Dignitie of the Laws Liberties and power of Parliament taken up Arms and authorized the Earl of Essex their Captain General against these Rebells and Traitors And pray the King to with-draw his person and leave them to be supprest by this power and to return to his Parliament and that they will receive him with honour yield him obedience secure his person and establish him and his people with all the blessings of a glorious and happie Reign I cannot finde that this Petition was presented but I am assured that the General Essex twice sent to the King for a safe Conduct for those who should be imployed therein and it was refused they say to be received that humble and dutifull Petition as they stiled it 'T is strange for the King had never refused any Message or Petition from either or both Houses not onely with safety but candoâ—r when their Errand hath been full of reproach and scorn as the King says and the bringers bold arrogant seditious in their demeanour and therefore there needed to have been no more scruple in this But it was thus that the King being at Shrewsbury the Earl of Dorset receives a Letter from the Earl of Essex intimating that he had a Petition from both Houses to that purpose asking a safe Conduct for those that should be sent To whom the King answered That as he had never refused to receive any so he should be ready to give a fitting Reception and Answer to this and the Bringers of it should have safe Conduct excepting onely such persons as he had particularly accused of high Treason A fortnight after comes a second Letter to Dorset declaring That the Kings former Answer was voted a Breach of Privilege This second Answer differing but little from the former insisting That the Address should not be made by any whom he had accused of high Treason amongst whom the Earl of Essex was one but that his Ear should be ever open to hear any Petition from his Parliament Indeed the Petition was framed more fit to be delivered after a Battel and full Conquest of the King than in the Head of his Army thirty thousand men when it might seem somewhat in his power whether he would be deposed or no. For we finde the King in Wales caressing the Inhabitants of Denbigh and Flintshire Septemb. 27. And tells them That he is willing to take all occasions to visit all his good Subjects and hath cause to reckon them for their loyaltie expressed in their late Levies sent to him at their own charges against such a Malignant partie whose Designs are to destroy him his Crown Laws and Government of Church and State raising Tumults at London to drive from thence him and the greatest part of the Members of Parliament He is robbed of his Towns Forts Castles Goods Navie Revenue and at this time a powerfull Armie marching against him and among a thousand Scandals they have cast upon him the impious Rebellion in Ireland which he abhors and hath endeavoured by all possible ways and means to suppress but is obstructed by them And refers the naming of these Contrivers and their particular actions to his Declaration of the twelfth of August being supprest by them as all other his Protestations and
the Sea of blood as he was to deliver the three Children from the Furnace and I most humbly thank my Saviour for it my Resolution is now as theirs was then They would not worship the Image the King had set up nor I the Imaginations which the people are setting up I will not forsake the Temple and truth of God to follow the bleating of Jeroboams Calf in Dan or in Bethel As for this People they are at this day miserably mis-led God of his mercy open their eyes that they may see the right way for now the Blinde do lead the Blindâ— and if they go on both will certainly fall into the ditch For my self I am and I acknowledg it in all humility a most grievous sinner many wayes by thought word and deed and I cannot doubt but God hath mercy in store for me a poor penitent as well as for other sinners I have now upon this sad occasion ransacked every corner of my Heart and yet I thank God I have not found among the many any one sin which deserves death by any known Law of this Kingdom And yet hereby I charge nothing upon my Iudges for if they proceed upon proof by valuable witnesses I or any other Innocent may be justly condemned but I thank God though the weight of the sentence lyes heavy upon me I am as quiet within as ever I was in my life And though I am not only the first Arch-bishop but the first man that ever died by an Ordinance of Parliament yet some of my Predecessors have gone this way though not by this meanes For Elphegus was burried away and lost his head by the Danes Symon Sudbury was beheaded in the fury of Wat Tyler and his fellows and long before these St. John Baptist had his head danced off by a lewd woman And St. Cyprian Arch-bishop of Carthage submitted his head to the persecuting sword Many examples great and good and they teach me patience for I hope my Cause in heaven will look of an other dye then the colour which is put upon it here And some comfort it is to me not only that I go the way of these great men in their several generations but also that my Charge as foul as it is made looks like that of the Jewes against St. Paul Acts 25. For he was accused for the Law and the Temple that is the Law and Religion And like that of St. Stephen Acts 6. for breaking the Ordinances which Moses gave that is Law and Religion the holy place and the Law verse 13. But you 'l say do I compare my self with the integrity of St Paul and St. Stephen No far be it from me I only raise a Comfort to my self that these great Saints and Servants of God were laid at in their several times as I am now And it is memorable that St. Paul who helped on the Accusation against St. Stephen did after fall under the very same Accusation himself Yea but here 's a great Clamour that I would have brought in Popery I shall answer that more fully by and by In the mean time you know what the Pharisees said against Christ himself If we let him alone all men wâ—ll believe in him Et venient Romani and the Romans will come and take away both our place and Nation Here was a Causelesse Cry against Christ that the Romans would come And see how just the judgment of God was they Crucified Christ for fâ—ar the Romans should come and his death was it which brought in the Romans upon them God punishing them with that they most feared and I pray God that this Clamour of Venient Romani of which I have given no cause help not to bring them in for the Pope never had such a Harvest in England since the Reformation as he hath now upon the Sects and Divisions that are amongst us In the mean time by Honour and dishonour by good report and evil report as a deceiver and yet true am I passing through this world 2 Cor. 6. 8. Some other particulars I think not amisse to speak of And first for His Sacred Majesty the King our gracious Soveraigne He also hath been much traduced for bringing in of Popery but on my Conscience of which I shall give God a very present accompt I know him to be as free from this Charge as any man living and I hold him to be as sound a Protestant according to the Religion by Law established as any man in this Kingdom And that He will venture His Life as far and as freely for it and I think I do or should know both His affection to Religion and His grounds for it as fully as any man in England The second particular is concerning this great and Populous City which God bless Here hath been of late a fashion taken up to gather hands and then go to the great Court the Parliament and clamour for Iustice as if that great and wise Court before whom the Causes come which are unknown to the many could not or would not do Iustice but at their appointment A way which may endanger many an Innocent man and pluck his blood upon their own heades and perhaps upon this City also and this hath been lately practised against my self the Magistrates standing still and suffering them openly to proceed from Parish to Parish without Check God forgive the abetters of this with all my heart I beg it but many well meaning people are caught by it In St. Stephen's case when nothing else could serve they stirred up the people against him and when Herod had killed St. James he would not venture on St. Peter till he found how the other pleased the people But beware you that cry so much for Justice lest when you cry for your selves you have nothing but Justice take heed take heed of having your hands full of blood for there is a time best known to Himself when God above other sins makes inquisition for blood and when that inquisition is on foot he Psalmist tels us That God remembers that 's not all He Remembers and forgets not the complaint of the poor that is him whose blood is shed by oppression verse 9. take heed of this It is a fearful thing to fall into the hands of the living God but then especially when he is making inquisition for blood And with my praiers to avert it I do heartily desire this City to remember the prophesie that is expressed Jer. 26. 15. The third Particular is the poor Church of England It hath flourisheâ— and been a shelter to other neighbouring Churches when storms have driven â—pon them But alas now 't is in a storm it self and God only knowes whether or how it shall get out and which is worse then a storm from without it 's become like an Oaâ— cleft to shivers with wedges made out of its own body and at every cleft Prophaness and Irreligion are entering in while as
the purchasers then the sword had done before Eighty barrels of power did the work most terrible to the Assailants that dreamed not of such an Accident Upon the firing the Cavaliers gave a charge also in the amaze of their Enemy and commanded by Sir Iohn Digby did the execution resolutely and bid farewel at Eleven at night and marched away into Cornwal These were old Souldiers of Gorings and Greenviles and now scattered abroad by this encounter Hopton was shot in the Thigh and Digby in the Head some Prisoners and Horse taken of such as were slaine But the rest kept rendezvouz at Stratton the Prince at Lamiston and Fairfax follows The 25. of February he sends a party of 1000. Horse and 400. Dragoons before he came to Lamiston commanded by Colonel Basset a gallant Gentleman fell upon this forelorn-hope and after a hot skirmish and the whole Army coming near hand he quitted the Town And the Prince hears of this and the forces marching towards Pendennis Castle he quits the place and ships himself with the Lord Capel Lord Culpepper and Sir Edward Hide March the first to the Isle of Scilly The Lord Hopton with some small forces at Trurâ— in Cornwal the General sends him summons Sir Through Gods goodness to his people and his just hand against their Enemies forces being reduced to such condition as to my sense the hand of God continuing with us they are not like to have subsistence or shelter long to escape thence nor if they could have they whither to goe for better To prevent the shedding of more blood I have sent you this summons for your self and them to lay down Arms upon those conditions enclosed which are Christian-like Noble and Honourable to be accepted March 5. Some time was taken up in this Treaty and concluded That the Lord Hopton shall disband his Army in the West the General Fairfax excepting His Lordship to have fifty of his own Horse and fifty of Fairfax for his Convoy to Oxford all strangers to have Passes beyond Seas and to carry with them what is their own without Horses and Arms. All English Officers to go home to their Habitations or if they will beyond Seas Each Colonel to have his Horse and two Men and Horses to wait on them Each Captain one Man and Horse The Troopers Twenty shillings a piece and to goe where they pleased March 13. But Hopton hearing of the ill effects of the Propositions for peace takes shipping with divers other of his Officers and sailed into France where he remained many years after And the West being cleared Fairfax returns back again to the Siege of Bristol where we leave him to take breath And in this time also the Kings party spared not to weaken his Enemies Towns are retaken some surprised encounters answered defeats redoubled death and devastation that I dread to write of all It sufficeth that mostly we have named the Fields and Fights for I have almost done whilst I devote my self to his Majesties pious Meditations upon this subject The various Successes sayes the King of this unhappy war have at least afforded me variety of good meditations sometimes God was pleased to try me with victory by worsting my Enemies that I might know how with moderation and thanks to own and use his power who is only the true Lord of Hosts able when he pleases to repress the confidence of those that fought against me with so great advantages for power and number From small beginnings on my part he let me see that I was not wholly for saken by my peoples love or his protection Other times God was pleased to exercise my patience and teach me not to trust in the arm of flesh but in the living God My sins sometimes prevailed against the justice of my cause and those that were with me wanted not matter and occasion for his just chastisment both of them and me Nor were mine Enemies lesse punished by that prosperity which hardened them to continue that injustice by open hostility which was begun by most riotous and unparliamentary Tumults There is no doubt but personal and private sins may oft-times over-balance the justice of Publick engagements nor doth God account everie gallant man in the worlds esteem a fit instrument to assert in the way of VVar a righteous Cause The more men are prone to arrogate to their own skil valour and strength the lesse doth God ordinarily work by them for his own glory I am sure the event or success can never state the Iustice of any Cause nor the peace of mens consciences nor the eternal fate of their Soules Those with me had I think clearly and undoubtedly for their Iustification the Word of God and the Laws of the Land together with their own Oathes all requiring obedience to my just Commands but to none other under Heaven without me or against me in the point of raising Arms. Those on the other side are forced to flie to the shifts of some pretended Fears and wild fundamentals of State as they call them which actually overthrow the present fabrick both of Church and State being such imaginary Reasons for self-defence as are most impertinent for those men to allege who being my Subjects were manifestly the first assaulters of me and the Laws First by unsuppressed Tumults after by listed Forces The same Allegations they use will fit aâ—y Faction that hath but power and confidence enough to second with the Sword all their demands against the present Laws and Governours which can never be such as some side or other will not finde fault with so as to urge what they call a Reformation of them to a Rebellion against them some Parasitick Preachers have dared to call those Martyrs who died fighting against me the Laws their Oaths and the Religion Established But sober Christians know that glorious title can with truth be applied only to those who sincerely preferred Gods truth and their duty in all these particulars before their lives and all that was dear to them in this world who having no advantageous designs by any Innovation were religiously sensible of those Ties to God the Church and my self which lay upon their Souls both for obedience and just assistance God could and I doubt not but he did through his mercy crown many of them with eternal life whose lives were lost in so just a Cause the destruction of their bodies being sanctified as a means to save their soules Their wounds and temporal ruin serving as a gracious opportunitie for their eternal health and happiness while the evident approach of death did through Gods grace effectually dispose their hearts to such Humility Faith and Repentance which together with the Rectitude of their present engagement would fully prepare them for a better life then that which their enemies brutish and disloyal fiercenâ—sse could deprive them of or without Repentance hope to enjoy They have often indeed had the better against my side in the
obvious to every body why it is fit for me to be attended by some of my Chaplains whose opinions as Clergie-men I esteem and reverence not only for the exercising of my Conscience but also for clearing of my judgment concerning the present difference in Religion as I have at full declared to Mr. Marshal and his fellow Minister Having shewed them that it is the best and likelyest means of giving me satisfaction which without it I cannot have in these times whereby the distractions of this Church may be the better setled Wherefore I desire that at least two of these Reverend Divines whose Names I have here set down may have the liberty to wait upon me for the discharging of their Duty to me according to their function Charles Rex Holmby 17. Feb. 1656. Bish. London Bish. Salisbury Bish. Peterborough Dr. Sheldon Clerk of my Closet Dr. Marsh Dean of Yorke Dr. Sanderson Dr. Baily Dr. Haywood Dr. Beal Dr. Fuller Dr. Hamond Dr. Tayler For the Speaker of the House of Peers pro tempore c. The Guardians Commissioners had two of their own Ministers Mr. Marshal and Mr. Caryl who undertok the King but so lamely as that they may be said to halt after Henderson And truly the King rather pittying then despising them and would never be perswaded to hear their preachings nor overswayed with their Councel The Guardians had kept a bounteous house it seems and were soundly chidden by the Parliaments Letters for spending the States Revenue so fast and therefore for want of better work they are very busie to new Model his Majesties litle Family into lesse and by degrees to none at all His hard condition to be minced meat and drink out of his own We may not omit the Remembrance of that worthy learned Lawyer Mr. Serjeant Glanvile mightily persecuted for malignancy of being of the Kings party Imprisoned in several durances and lastly of long time committed to the Tower two years without any charge at all against him he is now released upon Bail and this justice was done to him by the favour of the Lords House to which the Commons had been alwayes and now was dissenting We may observe that he had been hardly used heretofore in the beginning of this Kings Reign for not consenting to some passages of State and then sent to Sea which he humbly endured with patience and Loyalty And now also his Conscience bearing witnesse he suffers for his Sovereigns sake faithful to his principles The King having no Answer concerning his Chaplains writes again for them to come and comfort him It being now seventeen daies since I wrote to you from hence and not yet receiving any Answer I cannot but now again renew the same And indeed concerning any thing but the necessary duty of a Christian I would not thus at this time trouble you But my being attended with some of my Chaplains whom I esteem and reverence is so necessary for me even considering my present condition whether in relation to my conscience or a happy settlement of the distractions in Religion that I will slight divers kindes of censures rather than not to obtain my demand nor shall I wrong you as in this to doubt the obtaining of my wish it being totally grounded upon Reason For desiring you to consider not thinking it needful to mention the divers reasons which no Christian can be ignorant of for point of Conscience I must assure you I cannot as I ought take in consideration those alterations in Religion which have and will be offered unto me without such help as I desire because I can never judg rightly of or be altered in any thing of my opinion so long as any ordinary way of finding out the truth is denied me but when this is granted I promise you faithfully not to strive for victory in Argument but to seek and submit to truth according to that judgment which God hath given me alwaies holding it my best and greatest conquest to give contentment to my two Houses of Parliament in all things which I conceive not to be against my conscience or honour not doubting likewise but that you will be ready to satisfie me in reasonable things as I hope to finde in this particular concerning the attendance of my Chaplains upon me Charles Rex Holmby 6. March For the the Speaker of the House of Peers pro tempore To which the Parliament give Answer That all those the Kings Chaplaines are disaffected to the Established Government of the Church and have not taken the Covenant but for others that have if his Majesty please they shall be sent to him This troubled the King to be denied such as every Christian hath liberty to choose their Ghostly Fathers Spiritual Comforters This makes him complain When Providence was pleased to deprive me saies the King of all other civil comforts and secular Attendance I thought the absence of them all might best be supplied by the attendance of some of my Chaplains whom for their Function I reverence and for their Fidelity I have cause to love By their Learning Piety and Praiers I hoped to be either better enabled to sustain the want of all other enjoyments or better fitted for the recovery and use of them in Gods good time so reaping by their pious help a spiritual harvest of Grace amidst the thorns and after the plowings of temporal crosses The truth is I never needed or desired more the service and assistance of men judiciously-pious and soberly-devout The solitude they have confined me unto adds the Wilderness to my temptations for the company they obtrude upon me is more sad then any solitude can be If I had asked my Revenues my power of the Militia or any one of my Kingdoms it had been no wonder to have been denied in those things where the evil policie of men forbids all just restitution lest they should confesse an injurious usurpation But to deny me the Ghostly comfort of my Chaplains seems a greater rigor and barbaritie then is ever used by Christians to the meanest Prisoners and greatest Malefactors whom though the justice of the Law deprives of worldly comforts yet the mercy of Religion allows them the benefit of their Clergie as not aiming at once to destroy their Bodies and to damn their Souls But my Agony must not be releived with the presence of any one good Angel for such I account a Learned Godly and Discreet Divine and such I would have all mine to be They that envy my being a King are loth I should be a Christâ—an while they seek to deprive me of all things else they are afraid I should save my Soule Other sense Charitie it self can hardly pick out of those many harsh Repulses I received as to that Request so often made for the attendance of some of my Chaplains I have somtime thought the Unchristiannesse of those denials might arise from a displeasure some men had to see me prefer my own Divines
that your scope is the maintenance of the Laws those Laws must be derived to us and enlivened by the onely supreme Governour the Fountain of Iustice and the Life of the Law the King The Parliaments are called by his Writs the Iudges sit by his Patents so of all Officers the Cities and Towns Corporate govern by the Kings Charters and therefore since by the Laws I cannot be by you examined I do refuse to answer David Jenkins April 10. â—1647 And forthwith he publishes a Discourse in print concerning Treason Murder and Felony that any person committing either of them hath no assurance of Life Lands or Goods without the Kings pardon 27 H. 8. cap. 24. The King is not virtually in the two Houses at Westminster whereby they can give pardon to these offences The Parliament in their Declaration November 28. last to the Scots Papers say That the King at this time is not in a condition to govern and it is impossible that they should have a virtue from the King to govern which they declare he hath not himself to give The Law of the Land is 5 Eliz. cap. 1. That no person hath a Voice in Parliament before he take Oath that the King is the onely and supreme Governour How does this Oath agree with their Declaration By the one it is sworn He is the onely supreme Governour and by the other that he is not in a condition to govern so they swear one thing and declare the contrary at the same time The Parliament say that the Parliament are the onely supreme Governours in default of the King for that he hath left his great Council and will not come to them and yet he desires to come and they will not suffer him but keep him Prisoner at Holmby That there is no point of Government but for some years past they have taken to themselves and used his Name onely to deceive the People They have sent Propositions to Oxford to Newcastle to be signed by him What needs this ado if they have the virtual power with them at Westminster To say that his virtual power is separate from his person is high Treason See Coke in Calvin's case fol. 11. And setting down the Traitours Arguments of that time they were condemned in Edw. 2. called Exilium Hugonis le Spencer and the other in 1 Edw. 3. cap. 2. That the two Bodies Natural and Politick make but one Body and not divers is resolved 4 Eliz. Plowden Com. fol. 213. by Catlin Dier Sanders Rastal Brown Corbet Weston Frevil Carve Powdrel Gerard Carel Plowden the most learned men of our Law in that Age. That no Act of Parliament bindes the Subject without the assent of the King either for Person Lands Goods or Fame The styles of the Acts in Print from 9 H. 3. to 1 H. 7. And since his time it continues thus so that alwaies the assent of the King giveth Life to all as the Soul to the Bodie He is called by our Law-books the Fountain of Iustice the Life of the Law Mercie as well as Iustice belongs onely to the King 2 H. 4. Mr. Pryn in his Treatise of the great Seal saies as much See 27 H. 8. cap. 24. Queen Elizabeth summoned her first Parliament to be held Jan. 23. 1 Eliz. and the Parliament accordingly assembled but she being sick it was prorogued till the 25. of the same and it was resolved by all the Iudges that the Parliament began not till the said 25. Day They have the King a Prisoner at Holmby and yet they govern by the virtual power of their Prisoner a meer deluding Fiction All these he will justifie with his Life and takes it for an Honour to die for the Laws of the Land David Jenkins April 29. We must confess that H. P. a Barrister of Lincolns Inn made a slight Answer to Ienkins but being ashamed to set down his Name we will not trouble the Reader with it but leave it to the Lawyers But this man endured from time to time strict Imprisonment in most of the Goals at London was arreigned at the Sessions in the Old Baily at the Kings Bench Bar and where not and is now at liberty legally answering to all the Exceptions against him We enter this year with the military affairs of the English Army for the Scots are gone modelled into less and sixty thousand pounds a Moneth setled for their pay as also for the Transport and Maintenance of these to be imployed into Ireland viz. eight thousand Foot and two thousand Horse And in these Commissioners are appointed to treat with the General at Saffron Walden in Cambridgshire and the Advance-money was borrowed of the City no less than two hundred thousand pounds The Officers met five and fourty of them and resolve That they were not resolved concerning the engaging in the Service of Ireland with those under their Command yet they shall be ready to further and advance it amongst those under their Commands But conclude in four Questions 1. Under whose Conduct in chief those who are to engage for Ireland shall go 2. What particular Forces of this Armie are to be continued in England 3. What Assurance of Subsistence and Pay to those that engage for Ireland during their stay there 4. When shall the Armie receive their Arrears and Indempnitie for past Services in England And thus heated a Petition is drawn into Heads For provision for Indempnitie the Arrears to be paid that the Foot Souldiers may not be prest out of the Kingdom nor Horsmen compelled to serve on Foot their Widows and Children to be relieved and untill the Armie be disbanded that they may receive Pay to discharge Quarters and not to burden the Countrey To this Petition were Subscribers increasing daily into Thousands and to be preferred by Lieutenant General Hamond Colonel Hamond Ireton and Rich and others who are sent for to the Parliament and ere they come the Parliament declare Their high dislike of that Petition and their approbation and esteem of their good Service who first discovered it but if the Subscribers forbear to proceed any further therein they shall be retained in the Parliaments good opinion and that those who shall continue in their distempered condition shall be proceeded against as Enemies to the State But all things were pieced for the present and not till the General was angry who sends a Letter to some Members and to this effect That there is another Petition on foot in the Countie of Essex against this Armie and which was read in several Churches yesterday by the Ministers to get Hands thereto The Souldiers specially the Horse are much troubled at this and crie out Why may not we petition as to see Petitions subscribed in an indirect manner against us and that under our Noses The Horse here about talk of drawing to a Rendezvouz to compose something of Vindication c. Walden April 5. And this Essex Petition was framed at London and sent
unto them whereby it may be determined by his Majesty and the two Houses how the Church shall be governed after the said three years or sooner if differences may be agreed Touching the Covenant his Majesty is not yet therein satisfied and desires to respite his particular Answer thereunto until his coming to London because it being a matter of conscience he cannot give a resolution therein till he may be assisted with the advice of some of his own Chaplains which hath hitherto been denied him and such other Divines as shall be most proper to inform him therein and then he will make clearly appear both his zeal to the Protestant profession and the union of these two Kingdoms which he conceives to be the main drift of this Covenant To the seventh and eighth Propositions his Majesty will consent To the ninth his Majesty doubts not but to give good satisfaction when he shall be particularly informed how the said penalties shall be levied and disposed of To the tenth his Majesties Answer is that he hath been alwaies ready to prevent the practises of Papists and therefore is content to passe an Act of Parliament for that purpose And also that the Laws against them be duly executed His Majesty will give his consent to the Act for the due Observation of the Lords Day for the suppressing of Innovations and those concerning the Preaching of Gods Word and touching Non-Residence and pluralities and his Majesty will yeild to such Act or Acts as shall be requisite to raise monies for the payment and satisfying all publick debts expecting also that his will be therein included As to the Proposition touching the Militia though his Majesty cannot consent unto it in tirminis as it is proposed because thereby he conceives he wholly parts with the power of the Sword entrusted to him by God and the Laws of the Land for the protection and government of his people thereby at once divesting himself and dis inheriting his Posterity of that right and Prerogative of the Crown which is absolutely necessary to the Kingly Office and so weaken Monarchy in this Kingdom that little more then the name and shadow of it will remain Yet if it be only security for the preservation of the peace of this Kingdom after the unhappy troubles and the due performance of all the agreements which are now to be concluded which is desired which his Majesty alwayes understood to be the case and hopes that herein he is not mistaken his Majesty will give abundant satisfaction to which end he is willing by Act of Parliament that the whole power of the Militia both by Sea and Land for the space of ten years be in the hands of such persons as the two Houses shall nominate giving them power during the said term to chang the said persons and substitute others in their places at pleasure and afterwards to return to the proper Chanel again as it was in the times of Queen Elizabeth and King James of blessed memory And now his Majesty conjures his two Houses of Parliament as they are Englishmen and lovers of peace by the Duty they owe to his Majesty their King and by the bowels of compassion they have to their fellow Subjects that they will accept of this his Majesties offer whereby the joyful news of peace may be restored to this languishing Kingdom His Majesty will grant the like to the Kingdom of Scotland if it be desired and agree to all things that are propounded touching the conserving of peace betwixt the two Kingdoms Touching Ireland other things being agreed his Majesty will give satisfaction therein As to the mutual Declarations proposed to be established in both Kingdoms by Act of Parliament and the Modifications Qualifications and Branches which follow in the Propositions his Majesty only professes that he doth not sufficiently understand nor is able to reconcile many things contained in them but this he well knoweth That a general Act of Oblivion is the best bond of Peace and that after intestine troubles the wisdom of this and other Kingdoms hath usually and happily in all Ages granted general Pardons whereby the numerous discontentments of Persons and Families otherwise exposed to ruin might not become fuel to new disorders or seeds to future troubles His Majesty therefore desires that his two Houses of Parliament would seriously descend into these considerations and likewise tenderly look upon his condition herein and the perpetual dishonour that must cleave to him if he shall thus abandon so many persons of Condition and Fortune that have engaged themselves with and for him out of a sense of duty and propounds as a very acceptable testimony of their affection to him that a general Act of Oblivion and free Pardon be forthwith passed by Act of Parliament Touching the new great Seale his Majesty is very willing to confirm both it and all the Acts done by vertue thereof untill this present time so that it be not thereby pressed to make void those Acts of his done by vertue of his great Seal which in honour and justice he is obliged to maintain And that the future government thereof may be in his Majesty according to the due course of Law Concerning the Officers mentioned in the ninteenth Article his Majesty when he shall come to Westminster will gratifie his Parliament all that possible he may without destroying the alterations which are necessary for the Crown His Majesty will willingly consent to the Act for the confirmation of the Priviledges and Customs of the City of London and all that is mentioned in the Propositions for their particular advantage And now that his Majesty hath thus far endeavoured to comply with the desires of his two Houses of Parliament To the end that this agreement may be firm and lasting without the least face or question of restraint to blemish the same his Majesty earnestly desires presently to be admitted to his Parliament at Westminster with that honour which is due to their Soveraigne there solemnly to confirm the same and Legally to passe the Acts before mentioned and to give and receive as well satisfaction in all the remaining particulars as likewise such other pledges of mutual love trust and confidence as shall most concern the good of him and his people upon which happy agreement his Majesty will dispatch his Directions to the Prince his Son to return immediately to him and will undertake for his ready obedience thereunto Holmby May 12. 1647. The Commissioners sent down to the Army return this Accompt That they had sent to the Army the result of the Parliament for the addition of fourteen dayes pay more and the Act of Indempnity to the Officers But the Parliament Voted That all the Forces of this Kingdom not subscribing for the service of Ireland shall be disbanded excepting those for the continued Garisons and to be referred to the Committee of Derby House to consider of the time when that the General now at London
an eclipse which oft happeneth as well in clear as cloudy daies But my now long and sharp adversity hath so reconciled in me those natural Antipathies between Life and Death which are in all men that I thank God the common terrors of it are dispelled and the special horror of it as to my particular much allaied for although my death at present may justly be represented to me with all those terrible aggravations which the policy of cruel and implacable enemies can put upon it affairs being drawn to the very dregs of malice yet I bless God I can look upon all those stings as unpoisonous though sharp since my Redeemer hath either pulled them out or given me the Antidote of his death against them which as to immaturity unjustice shame scorn and cruelty of exceeded whatever I can fear Indeed I never did finde so much the life of Religion the feast of a good conscience and the brazen wall of a judicious integritie and constancie as since I came to these closer conflicts with the thoughts of death I am not so old as to be weary of life nor I hope so bad as to be either afraid to dye or ashamed to live true I am so afflicted as might make me sometime even desire to dye if I did not consider That it is the greatest glory of a Christian's life to die daily in conquering by a lively faith and patient hopes of a better life those partial and quotidian deaths which kill vs as it were by piece-meals and make us over-live our Fates while we are deprived of health honour liberty power credit safety or estate and those other comforts of dearest relations which are â—s the life of our lives Though as a KING I think my self to live in nothing temporal so much as in the love and good will of my people for which as I have suffered many deaths so I hope I am not in that point as yet wholly dead notwithstanding my enemies have used all the poisâ—n of falsitie and violence of hostility to destroy first the love and Loyalty which is in my Subjects and then all that content of life in me which from these I chiefly enjoyed Indeed they have left me but little of life and only the husk and shell as it were which their further malice and cruelty can take from me having berâ—aved me of all those worldly comforts for which life it self seems desirable to men But O my Soul think not that life too long or tedious wherein God gives thee any opportunities if not to doe yet to suffer with such Christian patience and magnanimity in a good cause as are the greatest honour of our lives and best improvement of our deaths I know that in point of true Christian valour it argues pusillanimity to desire to die out of wearineâ—â—â— of life and a want of that Heroick greatness of spirit which bâ—comes a Christian in the patient and generous susteining those afflictions which as shadows necessarily attend us while we are in this body and which are lessened or enlarged as the Sun of our prosperity moves higher or lower whose total absence is best recompensed with the dew of Heaven The assaults of affliction may be terrible like Sampsons Lion but they yeeld much sweetness to those that dare to encounter and overcome them who know how to overlive the witherings of their Gourds without discontent or peevishness while they may yet converse with God That I must die as a man is certain that I may dye a King by the hands of mine own Subjects a violent sudden and barbarous death in the strength of my years in the mid'st of my Kingdoms my Friends and loving Subjects being helpless Spectators my Enemies insolent Revilers and triumphers over me living dying and dead is so probable in humane reason that hath God taught me not to hope otherwise as to mans cruelty however I despair not of God's infinite mercy I know my life is the object of the Devils and wicked mens malice but yet under Gods sole custody and disposal Whom I do not think to flatter for longer life by seeming prepared to die but I humbly desire to depend upon him and to submit to his will both in life and death in what order soever he is pleased to lay them out to me I confess it is not easie for me to contend with those many horrors of death wherewith God suffers me to be tempted which are equally horrid either in the suddeness of a barbarous Assination or in those greater formalities whereby my Enemies being more solemly cruel will it may be seek to add as those did who crucified Christ the mockerie of Justice to the cruelty of malice that I may be destroyed as with greater pomp and artifice so with less pitty it will be but a necessary policy to make my death appear as an Act of Justice done by Subjects upon their Soveraign who know that no Law of God or man invests them with any power of Judicature without me much less against me and who being sworn and bound by all that is sacred before God and man to endeavour my preservation must pretend Justice to cover their perjury Iâ— is indeed a sad fate for any man to have his Enemies to be acâ—â—â—ers parties and judges but most desperate when this is acted by the insolence of Subjects against their Sovereign wherein those who have had the chiefest hand and are most guilty of contriving the publick troubles must by shedding my blood seem to wash their own hands of that innocent blood whereof they are now most evidently guilty before 〈◊〉 and man and I believe in their own consciences too while they carried on unreasonable demands first by Tumults after by Armies Nothing makes mean spirits more cowardly cruel in managing their usurped power against their lawful Superiours then this the Guilt of their unjust usurpation notwithstanding those specious and popular pretensions of Justice against delinquents applied only to disguise at first the monstrousness of their designs who despaired indeed of possessing the power and profits of the Vineyard till the heir whose right it is be cast and slain With them my greatest fault must be that I would not either destroy my self with the Church and State by my word or not suffer them to do it unresisted by the Sword whose covetous ambition no Concessions of mine could ever yet either satisfie or abate Nor is it likely they will ever think that Kingdom of brambles which some men seek to erect at once weak sharp and fruitless either to God or man is like to thrive till watered with the Royal blood of those whose right the Kingdom is Well God's will be done I doubt not but my innocency will finde him both my Protector and my Advocate who is my only Judge whom I own as King of Kings not only for the Eminency of his power and Majesty above them but also for that singular care and protection which he
differences and offences by impartiality or so order affairs in point of power that you shall not need to fear or flatter any faction For if ever you stand in need of them or must stand to their courtesie you are undone the Serpent will devour the Dove you may never expect less of Loyalty Iustice or Humanity then from those who engage into Religious Rebellion their interest is alwaies made Gods under the colours of piety ambitious policies march nor only with greatest security but applause as to the populacy you may hear from them Jacobs voice but you shall feel they have Esau's hands Nothing seemed less considerable then the Presbyterian Faction in England for many years so compliant they were to publick order nor indeed was their party great either in Church or State as to mens judgments but as soon as discontents drave men into sidings as ill humors fall to the disaffected part which cause's inflamations so did all at first who affected any Novelties adhere to that side as the most remarkable and specious note of difference then in point of Religion All the lesser Factions at first were officious servants to Presbytery their great Master till time and military success discovering to each their peculiar advantages invited them to part stakes and leaving the joint stock of uniform Religion they pretended each to drive for their party the trade of profits and preferments to the breaking and undoing not only of the Church and State but even of Presbytery it self which seemed and hoped at first to have ingrossed all Let nothing seem little or despicable to you in matters which concern Religion and the Churches peace so as to neglect a speedy reforming and effectual suppressing Errors and Schisms what seem at first but as a hand breadth by seditious Spirits as by strong windes are soon made to cover and darken the whole heaven When you have done justice to God your own Soul and his Church in the profession and preservation both of truth and unity in Religion the next main hinge on which your prosperity will depend and move is that of Civil Iustice wherein the setled Laws of these Kingdoms to which you are rightly Heir are the most excellent Rules you can govern by which by an admirable temperament give very much to Subjects industry liberty and happiness and yet reserve enough to the Majesty and Prerogative of any King who owns his people as Subjects not as Slaves whose subjection as it preserves their property peace and safety so it will never diminish your Rights nor their ingenious Liberties which consist in the injoyment of the fruits of their industry and the benefit of those Laws to which themselves have consented Never charge your head with such a Crown as shall by its heaviness oppress the whole body the weakness of whose parts cannot return any thing of strength honour or safety to the head but a necessary debilitation and ruine Your Prerogative is best shewed and exercised in remitting rather then exacting the rigor of the Laws there being nothing worse then Legal Tyranny In these two points the preservation of establisted Religion and Laws I may without vanity turn the reproach of my sufferings as to the worlds censure into the honour of a kinde of Martyrdom as to the testimony of my own conscience the troublers of my Kingdoms having nothing else to object against me but this that I prefer Religion and Laws established before those alterations they propounded And so inded I do and ever shall till I am convinced by better Arguments then what hitherto have been chiefly used towards me Tumults Armies and Prisons I cannot yet learn that Lesson nor I hope ever will you that it is safe for a King to gratifie any Faction with the perturbation of the Laws in which is wrapt up the Publick Interest and the good of the Community How God will deal with me as to the removal of these pressures and indignities which his Iustice by the very unjust hands of some of my Subjects hath been pleased to lay upon me I cannot tell nor am I much solicitous what wrong I suffer from men while I retein in my soul what I believe is right before God I have offered all for Reformation and safety that in Reason Honour and Conscience I can reserving only what I cannot consent unto without an irreparable injury to my own Soul the Church and my people and you also as the next and undoubted Heir of my Kingdoms To which if the divine Providence to whom no difficulties are insuperable shall in his due time after my decease bring you as I hope he will my counsel and charge to you is that you seriously consider the former real or objected miscarriages which might occasion my troubles that you may avoid them Never repose so much upon any man's single Counsel fidelitie and discretion in managing affairs of the first magnitude that is matters of Religion and Iustice as to create in your self or others a difâ—idence of your own judgment which is likely to be alwaies more constant and impartial to the interests of your Crown and Kingdom then any mans Next beware of exasperating any Factions by the crosness and asperity of some mens passions humours or private opinions imployed by you grounded only upon the differences in lesser matters which are but the Skirts and Suburbs of Religion Wherein a charitable connivence and Christian toleration often dissipates their strength whom rougher opposition fortifies and puts the despised and oppressed Party into such combinations as may most enable them to get a full revenge on those they count their persecutors who are commonly assisted by that vulgar commiseration which attends all that are said to suffer under the notion of Religion Provided the differences amount not to an insolent opposition of Laws and Government or Religion established as to the essentials of them Such motions and minings are intolerable Alwaies keep up solid Piety and those fundamental truths which mend both hearts and lives of men with impartial favor and justice Take heed that outward circumstances and formalities of Religion devour not all or the best encouragements of learning industry and piety but with an equal eye and impartial hand distribute favours and rewards to all men as you finde them for their real goodness both in abilities and fidelity worthy and capable of them This will be sure to gain you the hearts of the best and the most too who though they be not good themselves yet are glad to see the severer wayes of vertue at any time sweetned by temporal rewards I have you see conflicted with different and opposite Factions for so I must needs call and count all those that act not in any conformity to the Laws established in Church and State no sooner have they by force subdued what they counted their common enemie that is all those that adhered to the Laws and to me and are secured from that fear but they
when once they have fully shaken off this yoke of vulgar incroachment since the publick interest consists in the mutual and common good both of Prince and people Nothing can be more happy for all then in fair grave and honourable waies to contribute their Counsels in Common enacting all things by publick consent without Tyranny or Tumults We must not starve our selves because some have surfeited of wholsome food And if neither I nor you be ever restored to our Right but God in his severest Iustice will punish my Subjects with continuance in their sin and suffer them to be deluded with the prosperity of their wickedness I hope God will give me and you that grace which will teach and enable us to want as well as to wear a Crown which is not worth taking up or enjoying upon sordid dishonourable and irreligious terms Keep you to true principles of piety vertue and honour you shall never want a Kingdom A principal point of your honour will consist in your deferring 〈◊〉 respect love and protection to your Mother my Wife who hath many waies deserved well of me and chiefly in this that having been a means to bless me with so many hopeful Children all which with their Mother I recommend to your love and care shee hath been content with incomparable magnanimity and patience to suffer both for and with me and you My prayer to God Almighty is whatever becomes of me who am I thank God wrapt up and fortified in my own Innocency and his Grace that he would be pleased to make you an Anchor or Harbour rather to these tossed and weather-beaten Kingdoms a Repairer by your wisdom justice piety valour of what the folly and wickedness of some men have so far ruined as to leave nothing entire in Church or State to the Crown the Nobility the Clergie or the Commons either as to Laws Liberties Estates Order Honour Conscience or Lives When they have destroyed me for I know not how far God may permit the malice and cruelty of my enemies to proceed and such apprehensions some mens words and actions have already given me as I doubt not but my bloud will cry aloud for vengence to heaven So I beseech God not to pour out his wrath upon the generality of the people who have either deserted me or engaged against me through the Artifice and hypocrisie of their Leaders whose inward horrour will be their first tormentor nor will they escape exemplary judgments For those that loved me I pray God they may have no miss of me when I am gon so much I wish and hope that all good Subjects may be satisfied with the blessings of your presence and virtues For those that repent of any defects in their duty toward me as I freely forgive them in the word of a Christian King so I believe you will finde them truly zealous to repay with interest that Loyalty and Love to you which was due to me In sum what good I intended do you perform when God shall give you power much good I have offered more I purposed to Church and State if times had been capable of it The deception will soon vanish and the vizards will fall off apace This Mask of Religion on the face of Rebellion for so it now plainly appears since my restraint and cruel usage that they fought not for me as was pretended will not long serve to hide some mens deformities Happy times I hope attend you wherein your Subjects by their miseries will have learned That Religion to their God and Loyalty to their King cannot be parted without both their sin and their infelicity I pray God bless you and establish your Kingdoms in righteousness your soul in true Religion and your Honour in the Love of God and your people And if God will have disloyalty perfected by my destruction let my memory ever with my name live in you as of your Father that loves you and once a KING of three flourishing Kingdoms whom God thought fit to honour not only with the Scepter and Government of them but also with the suffering many indignities and an untimely death for them while I studied to preserve the Rights of the Church the power of the Laws the honour of my Crown the priviledge of Parliaments the Liberties of my people and my own Conscience which I thank God is dearer to me than a thousand Kingdoms I know God can I hope he will restore me to my Rights I cannot dispair either of his mercy or my peoples love and pitty At worst I trust I shall but go before you to a better Kingdom which God hath prepared for me and me for it through my Saviour Iesus Christ to whose mercy I commend you and all mine Farewell till we meet if not on earth yet in heaven The world was busied with Epitaphs upon his death and there were those who have been passionately disposed to parallel his sufferings with the holy Jesus but we forbear to censure them or to say so much Only we may aver that he was a King whose Reign and Death makes as full and perfect a Story of goodness and glory as earth would suffer and whose Christian virtues deserve as faithful a Register as Earth can keep but Reader not to overwhelm thee in a deluge of sorrow as I am drowned in tears I conclude The End Those wonderfull mutations in Church and State which followed hereupon even to this day we may God willing adventure to sum up hereafter in a succeeding continued History whilst these by favour finde acceptance A Table of the chief Occurrences in the preceding HISTORY A. A Rch-bishop Abbot sequestred fol. 104 dies 194 The King Marches to Aino 586 Aldern Fight 876 Sir Giles Allington his incest 160 his case and sentence 161 French Ambassadour affronted 661 Amiens described 2 Sir Robert Amstroder sent Ambassador to the Emperour 143 and again the second time 162 Bishop Andrews dies 72 Princess Anne born 218 Arguile defeated 795 Bishop of Armagh his Speech 68. His direction to the Parliament touching the Leiturgie and Episcopal Government 363. He confirms Dr. Reynalds original of it 366 367. His Propositions in Church Government 423 Design of the Army discovered 409. New Modelling of it 770. They mutiny for money 926. They Petition the Parliament 979 are discontent 984 draw towards London 986. Their Representative 987. They come to Southwark 1000. March in state to Westminster and through London 1001. Their desires 1008. Their Agitators send Letters to the General 1011 which he answers 1013. They demand their Arrears and are voted payment 1098 Their large Remonstrance 1099 and Declaration 1100. They come to White-Hall ibid. Their Representative stiled the Agreement of the people 1107 Arras lost 371 Earl of Arundel committed 30 sent Ambassador to the new Emperour of Ger. 212. and aboard the Spaniards 280 Arundel Castle surrendred to Waller 662 Ashburnham sent into England 89 Lord Ashley defeated 885 Ast Ferry Fight 733 Lord
but three Days before at Guild-hall satisfied most of these Particulars yet he was pleased to return them an Answer That he cannot possibly express a greater sense of Ireland than he hath done and hopes by assistance of the Parliament may be effected to which he will contribute all his power And he hath removed a Servant of good trust and reputation from the charge of the Tower onely to satisfie the Cities Fears whose safety is as his own And for the fortifying of White-hall they must needs know of the Tumult there and at Westminster his own person endangered and if any Citizens were wounded it happened by their own corrupt Demeanours That his going to the House of Commons with his Attendance onely nor otherwise armed but as Gentlemen with Swords was to apprehend those five Members for Treason to which the Privileges of Parliament can extend nor to Felony nor Breach of the Peace against whom his Majesty intends lawfully to proceed with justice and favour And is confident that this his extraordinary way of satisfying a Petition of so unusual a nature will appear to be the greatest Instance of his clear Intentions to the Citie c. And because the proceedings against the five Members as they are numbered besides Kimbolton begat much Dispute and willing the King was to retrive his former Actings therein is now pleased by Mâ—ssage to both Houses to wave his former proceedings in reference to the Privileges of Parliament and all Doubts being thereby settled when the mindes of men are composed he will proceed thereupon in an unquestionable way and upon all occasions be carefull of their Privileges as of his Life or Crown But the House was hot upon it to dispatch the business to some issue and to that end the County of Bucks petition the King for Iohn Hambden their Knight of the Shire against whom and other Members in the manner of their Impeachment of Treason they conceive it to oppugn the Rights of Parliament being rather by the malice of their Enemies than their Deserts the Petitioners and others being through their sides wounded in their judgment and care by whose choice they were presented And pray that Master Hambden and the rest that ly under the burden or Accusation may enjoy their just Privilâ—ges But such increase and Numbers of ordinary people flocked tumultuously about White-hall and Westminster that the King Queen Prince and Duke of York were forced for security of their persons to retâ—re to Hampton Court being necessitated to consider of sufficient Forces about his Court as a Guard To whose aid came divers of the Gentry giving some cause of suspition to increase into a Number which the Parliament jealously considered And therefore now the King being in better leisure takes some time before he gives Answer to the Buckingham Petition concerning the five Members who were guarded to Westminster by Water with hundreds of Boats Barges Flags of Triumph by the Seamen and a Rabble of such other by Land braving and threatning as they passed by Whitehall Hereupon occasion is given to offer to the view of the World what were the Kings Reasons to retire from Westminster by his own Relation With what willingness says the King I with-drew from Westminster let them judg who unprovided of tackling and victual are forced to Sea by Storm yet better do so than venture splitting or sinking on a Lee-shore I staied at White-hall till I was driven away by shame more than fear to see the barbarous rudeness of those Tumults who resolved they would take the boldness to demand anie thing and not leave either my self or the Members of Parliament the libertie of our Reason and Conscience to denie them anie thing Nor was this intolerable oppression my case alone though chiefly mine for the Lords and Commons might be content to be over-voted by the major part of their Houses when they had used each their own freedom Whose agreeing Votes were not by anie Law or Reason conclusive to my Iudgment nor can they include or carrie with them my consent whom they represent not in anie kinde Nor am I further bound to agree with the Votes of both Houses than I see them agree with the will of God with my just Rights as a King and the general good of my People I see that as many men they are seldom of one minde and I may oft see that the major part of them are not in the right I had formerly declared to sober and moderate mindes how desirous I was to give all just content when I agreed to so many Bills which had been enough to secure and satisfie all If some mens Hydropick insatiableness had not learned to thirst the more by how much the more they drank whom no fountain of royal bountie was able to overcome so resolved they seemed either utterly to exhaust it or barbarously to obstruct it Sure it ceases to be Counsel when not Reason is used as to men to perswade but force and terrour as to beasts to drive and compell men to assent to whatever tumultuarie patrons shall project He deserves to be a slave without pitie or redemption that is content to have the rational Sovereigntie of his Soul and Libertie of his Will and Words so captivated Nor do I think my Kingdoms so considerable as to preserve them with the forfeiture of that freedom which cannot be denied me as a King because it belongs to me as a Man and a Christian owning the Dictates of none but God to be above me as obliging me to consent Better for me to die enjoying this Empire of my Soul which subjects me onely to God so far as by Reason or Religion he directs me than live with the Title of a King if it should carrie such a Vassallage with it as not to suffer me to use my Reason and Conscience in what I declare as a King to like or dislike So far am I from thinking the Majestie of the Crown of England to be bound by anie Coronation-Oath in a blinde and brutish formalitie to consent to whatever its subjects in Parliament shall require as some men will needs infer while denying me anie power of a Negative Voice as King they are not ashamed to seek to deprive me of the Libertie of using my Reason with a good Conscience which themselves and all the Commons of England enjoie proportionable to their influence on the Publick who would take it verie ill to be urged not to denie whatever my self as King or the House of Peers with me should not so much desire as enjoin them to pass I think my Oath fully discharged in that point by my Governing onely by such Laws as my People with the House of Peers have chosen and my self have consented to I shall never think my self conscienciously tied to go as oft against my Conscience as I should consent to such new Proposals which my Reason in Iustice Honour and Religion bids me
denie Yet so tender I see some men are of their being subject to Arbitrarie Government that is the Law of anothers will to which themselves give no consent that they care not with how much Dishonour and Absurditie they make the King the onely man that must be subject to the will of others without having power left him to use his own Reason either in person or by anie Representation And if my Dissentings aâ— anie time were as some have suspected and uncharitably avowed out of errour opinionativeness weakness or wilfulness and what they call Obstinacie in me which not true judgment of things but some vehement prejudice or passion hath fixed on my minde yet can no man think it other than the Badg and Method of Slaverie by savage rudeness and importunate obtrusions of violence to have the mist of his errour and passion dispelled which is a shadow of Reason and must serve those that are destitute of the substance Sure that man cannot be blameable to God or Man who seriously endeavours to see the best reason of things and faithfully follows what he takes for Reason The uprightness of his intentions will excuse the possible failings of his understanding If a Pilot at Sea cannot see the Pole-star it can be no fault in him to steer his course by such Stars as do best appear to him It argues rather those men to be conscious of their Defects of Reason and convincing Arguments who call in the assistance of meer force to carrie on the weakness of their Counsels and Proposals I may in the truth and uprightness of my heart protest before God and Men that I never wilfully opposed or denied anie thing that was in a fair way after full and free Debates propounded to me by the two Houses further than I thought in good Reason I might and was bound to do Nor did anie thing ever please me more than when my Iudgment so concurred with theirs that I might with good Conscience consent to them yea in many thing where not absolute and moral necessitie of Reason but temporarie convenience in point of Honour was to be considered I chose rather to denie my self than them as preferring that which they thought necessarie for my Peoples good before what I saw but convenient for my self For I can be content to recede much from mine own Interests and personal Rights of which I conceive my self to be Master but in what concerns Truth Iustice the Rights of the Church and my Crown together with the general good of my Kingdoms which I am bound to preserve as much as morally lies in me here I am and ever shall be fixt and resolute nor shall any man gain my consent to that wherein my Heart gives my Tongue or Hand the Lie nor will I be brought to affirm that to men which in my Conscience I denie before God I will rather chuse to wear a Crown of Thorns with my Saviour than to exchange that of Gold which is due to me for one of Lead whose embased flexibleness shall be forced to bend and complie to the various and oft-contrarie Dictates of anie Factions when in stead of Reason and publick concernments they obtrude nothing but what makes for the Interest of parties and flows from the partialittes of private Wills and Passions I know no Resolutions more worthie a Christian King than to prefer his Conscience before his Kingdoms And now the King is pleased to give the like Answer to the Buckingham Petition as was his late Message to the Parliament to which he refers them and therein so to proceed against the five Members as that it shall appear he had sufficient cause to question however he conceives that their Crimes cannot reflect upon those good Subjects that elected Master Hambden or the others to serve in Parliament But the Parliament in some doubt of the issue and effect of the Kings Design at Windsor and not willing to trust him in Arms before they might be as ready to encounter upon information of Troops of Horse to be gathered by the Lord Digby and Colonel Lunsford at Kingston where the County Magazine is lodged They order that the Sheriffs of the several Counties of England and Wales with the assistance of the Justices of Peace and the Trained Bands shall suppress all unlawfull Assemblies and that they take care to secure the Counties and their Magazines in them and to be published in all Market-towns Iune 14. And Lunsford was seized and sent to the Tower but Digby escaped beyond Seas All that the King could do to appease the wrath of the Parliament concerning the impeached Members by waving all Proceedings and no doubt quite declining away further prosecution This not satisfying to their spirits and the Court removed to Roiston the Commons fall upon the Attourney General Sir Edward Herbert being summoned to appear at the Lords Bar he is interrogated by a Committee of Commons Question Whether he did contrive frame or advise the said seven Articles against the impeached Members Answer He did not in any of the three or all Question Do you know the truth of these Articles or anie of them or by Information Answer He knows nothing of the truth nor was informed but by his Master the King Question Will you make good these Articles if required by course of Law Answer He cannot otherwise than the King shall command and enable him Question From whom had you these Articles and by whose advice did you exhibit them Answer It was the Kings express command from whose hand he received them Question Whether had you any Testimonie or Proof of these Article before the exhibiting of them Answer For the exhibiting he had the Kings command To which Answer Serjeant Wilde replied The House of Commons desires to know whether you had any Proof or Testimonie or any Information of any Proof of them Answer To this he desired time to consider in regard of a Trust between a Master and Servant This not yet satisfactory because so general the House of Commons resolve That he hath broken the Privilege of Parliament in preferring the Articles illegal and he is criminous and that a Charge be sent up to the Lords against him for satisfaction of this great Scandal unless by Thursday next he prove the Articles against any of them Jan. 15. The Parliament finding the King in good earnest and resolving to hasten the business to an issue and therefore both Houses petition him to give end to their humble Desires either to discharge the accused Members or to proceed judicially against them according to the Privilege and use of Parliament in such Cases observed and this was posted to him by the Earl of Newport and the Lord Seymer Ian. 21. The King by Letter returns Answer That finding his first mistake in the way of his proceeding which hath caused some Delaies for to be informed in what order to put the same and till then he thinks not fit to discover his