about threescore of the Commissioners set their Hands and Seals directing it to Col. Hacker Col. Hunks and Col. Phaier or either of them The Duke of Glocester and the Lady Elizabeth waited on the King the same day to take their leave of him An Extraordinary Ambassador from the United Provinces had his Audience in the Parliament his business was to intercede with them for the Life of the King and to preserve a fair Correspondence between England and the States The next day about eight in the Morning the King attended by a Guard was brought from St. James's through the Park to Whitehall where having drunk a Glass or two of red Wine and stayed about two hours in a private Room he was conducted to the Scaffold out of a Window of the Banqueting-house and having made a Speech and taken off his George he kneeled down at the Block and the Executioner persormed his Office The Body was ordered to be interred at Windsor The Duke of Lenox the Marquiss of Hertford the Earls of Southampton and Lindsey with some others having Leave from the Parliament attended it to the Grave A Report of the Proceedings of the High Court of Justice being made to the Parliament they declared That the Persons imployed in that important Service had discharged their Trust with Courage and Fidelity that the Parliament was well satisfied with the Account of their Proceedings ordering them to be engrossed and recorded amongst the Parliament-Rolls in order to transmit the Memory thereof to Posterity and resolved that the Commissioners of the Great Seal should issue a Certiorari to their Clerk to record those Proceedings in the Chancery and that the same should be sent to the other Courts at Westminster and to the Custos Rotulorum of each County Judg Jenkins Sir John Stowel and divers other Persons who were Prisoners and had carried themselves very insolently now finding the Parliament to be in earnest began to come to a better Temper Colonel Middleton who was also a Prisoner at Newcastle upon Parole ran away to Scotland and being required to return answered That his Life was dearer to him than his Honour Sir Marmaduke Langdale made his escape also and Sir Lewis Dives through a House of Office in Whitehall The Lord Capel got out of the Tower but being discovered by a Waterman as he crossed the Thames he was seized in a House at Lambeth Duke Hamilton also escaped out of Windsor-Castle and came to Southwark where knocking at the Door of an Inn he was seized by a Souldier who knew him and was passing by that way whereupon he was committed to the Tower The House of Lords becoming now the Subject of the Consideration and Debate of the Parliament Lieutenant General Cromwell appeared for them having already had a close Correspondence with many of them and it may be presuming he might have farther use of them in those Designs he had resolved to carry on but they not meeting in their House at the time to which they had adjourned much facilitated their Removal so that the Question being put Whether the House of Commons should take Advice of the House of Lords in the Exercise of the Legislative Power it was carried in the Negative and thereupon resolved That the House of Peers was useless and dangerous and ought to be abolished and an Act was soon after passed to that effect After this they proceeded to declare That the Office of a King in this Nation is unnecessary burdensome and dangerous to the Liberty Safety and publick Interest of the People and therefore ought to be abolioshed and that they will settle the Government of the Nation in the way of a Commonwealth To this end they ordered a Declaration to be published whereby it was declared Treason for any Person to endeavour to promote Charles Stuart to be King of England or any other single Person to be chief Governour thereof They also ordered the Great Seal and other Seals which had the Image of the late King on them to be defaced and appointed new ones to be made with the Stamp of the House of Commons on one side accompanied with this Inscription The Great Seal of the Parliament of the Commonwealth of England On the other side was engraven the Cross and the Harp being the Arms of England and Ireland with this Inscription God with us Ordering all Writs formerly running in the King's Name to be issued out in the Name of the Keepers of the Liberty of England A High Court of Justice was constituted by Act of Parliament for the trying of Duke Hamilton the Earl of Holland the Lord Goring the Lord Capel and Sir John Owen Duke Hamilton pleaded that he entred into England as an Enemy being of another Nation and born before the Act of Union and consequently not to be tried by the Laws of this besides he had surrendred himself upon Conditions The rest of the Lords pleaded Articles also and so did Sir John Owen But that Allegation appeared to be of no weight by the Testimony of the General in relation to the Lords Goring and Capel and by the Evidence of Col. Wayte touching Duke Hamilton the like being affirmed by other Witnesses against the Earl of Holland and Sir John Owen for if there had been any Promise made to any of them either implicitely or by word of Mouth it could only extend to protect them from the Military not the Civil Sword And as to the Plea for Duke Hamilton that he was born before the two Nations were united it was answered that they tried him not as Duke Hamilton but as Earl of Cambridg in which Capacity he had sate as a Peer of England and therefore a Subject thereof So that upon full Evidence they were all sentenced by the Court to have their Heads struck off for High Treason in levying War against the Parliament of England Earnest Solicitations and Petitions were made for them to the Parliament but they thought not fit to reprieve the Duke the Earl of Holland or the Lord Capel Touching the Lord Goring the House was equally divided and the Speaker having upon such Occasions the determining Voice gave it for his Reprieve Commissary General Ireton observing no Motion consider that he was a Commoner and therefore more properly to have been tried in another way by a Jury whereupon the House reprieved him also The other three were executed a day or two after in the New Palace-Yard before Westminster-Hall in pursuance of a Warrant signed by the Court to that purpose the Parliament refusing to hearken to the Earl of Denbigh who proposed on the behalf of Duke Hamilton his Brother-in-law to give them a Blank signed by the said Duke to answer faithfully to such Questions as should be there inserted The Parliament having resolved to constitute a Council of State the better to carry on the executive part of the Government authorized five of their Members to agree upon the Number and Persons of such as they
and the other being very much shatter'd sunk down as our Men were carrying her off The Council of State having received an Account of this Action made their Report of it to the Parliament who passed a Vote for the justification of General Blake and resolving to have Satisfaction for this Assault placed a Guard upon the Dutch Ambassadors at their Lodgings in Chelsey and sent General Cromwell and Mr. Denis Bond a Member of Parliament down to the Fleet with Assurances that nothing should be wanting for their Encouragement The Event of this Undertaking not answering the Expectations of the Hollanders serving only to provoke the English Nation and to publish their own Dishonour they endeavoured to make the World as well as the Parliament believe that the Quarrel was begun by General Blake or at least that what had been done was not by their Orders and therefore desired that the Treaty might go on and that the Prisoners taken in the late Fight might be restored To this end they sent over the Heer Paw of Heemsted to carry on the Treaty in conjunction with the Ambassadors they had sent before into England This Minister was received with all the usual Demonstrations of Honour and being admitted to Audience pressed for an Accommodation of all Differences and a Cessation of all Acts of Hostility between the two Nations assuring the Parliament that his Masters had given Orders to their Ships to strike to the English Flag in the same manner as had been practised in former times But being demanded to shew his Powers he produced nothing save Letters of Credence and Passports referring himself to the other Ambassadors in that Point with whom he made some General Propositions to the Parliament and desired them to declare their Demands By these Proceedings of the Dutch the Parliament perceiving that this Difference was not like to be decided by a Treaty contented themselves to require Satisfaction for the Injuries received and Assurance that nothing of that nature should be attempted for the future which if the Ambassadors would consent to they declared themselves ready to proceed in the Treaty and to grant a Cessation of Arms. But so little were they disposed to give the Satisfaction demanded that they made no farther mention of the Cessation which they had so earnestly pressed and having taken their Audience of Leave they broke off the Treaty abruptly and returned home In Ireland tho the Number of those that submitted on condition to be transported into foreign Service was so great that they became a great Burden to us before we could procure Shipping for their Transportation and tho the Enemy had received several Defeats by our Forces during the Winter wherein many of them had been killed and taken yet they continued to make Incursions into our Quarters carrying away Cattel and other Booty and having lately seized upon the Horses belonging to two Troops of Dragoons they were so encouraged that Sir Walter Dungan Commissary General of the Enemies Horse and Capt. Scurlock a forward Officer and one who had done us much Mischief with five hundred Foot and two hundred and fifty Horse marched into Wexford with a Design to plunder that County Lieutenant Colonel Throgmorton who commanded in those Parts having informed us of their March we sent two Troops of Horse to his Assistance who with them and about four hundred Foot charged the Enemy upon their Return and after some Dispute routed them killing two hundred of them upon the Place and many more with divers Officers in the Pursuit besides several of the Irish taken Prisoners with the Loss of about twenty killed and a hundred wounded on our side The Booty which the Enemy had gotten consisting chiefly in five hundred Cows was all recovered The Season of Action advancing the Commissioners of Parliament went to Kilkenny as well to confer with the Officers from all Parts of Ireland as to make the necessary Preparations for the ensuing Service of which the Earl of Westmeath who commanded the Enemies Forces in Leinster having notice sent to desire a safe Conduct for Commissioners to be named by them to treat with us at Kilkenny on their behalf which being granted they appointed Commissary General Dungan Lewis Viscount of Glanmaliere Sir Robert Talbot Sir Richard Barnwel Col. Walter Bagnol Col. Lewis Moor and Col. Thomas Tyrrell to be their Commissioners And on our part Commissary General Reynolds Col. Hewetson Col. Lawrence Col. Axtel Adjutant General Allen Major Henry Owen and Mr. James Standish Deputy-Treasurer of the Army were commissionated to treat and conclude with them in conformity to such Instructions as they received from a General Council and after several days Conference the Commissioners on each part came to an Agreement upon Terms that were the same in substance with those formerly granted to Col. Edmund Odonryer and his Party with liberty left for the Lord Muskerry Major General Taaf and other Commanders of the Irish in the Provinces of Mâ—nster Connaught and Vlster yet in Arms to come in and accept of the same Conditions within a limited time The Articles were approved by the Earl of Westmeath on the behalf of the Irish and on the part of the Commonwealth of England by Me as Commander in chief of their Forces in Ireland In the mean time the Committee appointed by the Parliament for the Reformation of the Law in England made a considerable progress in that matter Judges were also sent into Scotland for the Administration of Justice there which they performed to the great satisfaction of that People The Parliament also appointed a Committee to consider of means to set at work all the Poor throughout the Nation and to make Provision for such as were not able to work that there might be no Beggar in England In Scotland our Forces having reduced the Castle of Dunotter which was the last Garison of that Nation that held out against the Parliament of England it was resolved to make four considerable Forts one at Inverness another at Leith a third at Ayre and a fourth at St. Johnstoâ—n and because the Enemy being entirely beaten out of the Field was retired to the mountainous Parts which to that time had been accounted inaccessible by the English it was agreed to endeavour to clear those Places of them also being perswaded that where any went before others might follow after To this end our Men were divided into three Parties the first consisted of Colonel Overcon's Regiment of Foot and a Regiment of Horse commanded by Major Blackmore The second of Colonel Hacker's Regiment of Horse and one of Foot commanded by Colonel Lilburn and the third was composed of the Regiment of Horse of Major General Dean and of a Regiment of Foot belonging to Lieutenant General Monk Each of these having a Party of Dragoons to attend them rendezvouzed at Loughaber and from thence fell separately into the Enemy's Quarters where they killed many of them and burned their Provisions pursuing them so
England and the Common Council of the City of London presented a Petition to the Parliament by the hands of Col. Titchborn to that effect but some of the Commonwealths-men desired that before they consented to that Method it might be resolved what Government to establish fearing a Design in the Army to set up some one of themselves in his room others endeavoured to perswade them that the execution of Justice ought to be their first Work in respect of their Duty to God and the People that the failure therein had been already the occasion of a second War which was justly to be charged on the Parliament for neglecting that Duty that those who were truly Commonwealths-men ought to be of that Opinion as the most probable means to attain their Desires in the establishment of an equal and just Government and that the Officers of the Army who were chiefly to be suspected could not be guilty of so much Impudence and Folly to erect an Arbitrary Power in any one of themselves after they had in so publick a manner declared their Detestation of it in another In order to the accomplishment of the important Work which the House of Commons had now before them they voted That by the Fundamental Laws of the Land it is Treason for the King of England for the time being to levy War against the Parliament and Kingdom To which the Lords not concurring they passed it the next day without their Consent and the day after declared That the People are under God the Original of all just Power That the House of Commons being chosen by and representing the People are the Supreme Power in the Nation That whatsoever is enacted or declared for Law by the Commons in Parliament hath the Force of a Law and the People are concluded thereby tho the Consent of King or Peers be not had thereto This Obstruction being removed several Petitions were brought to the Parliament for so the House of Commons now stiled themselves from the City of London Borough of Southwark and most of the Counties in England requesting that the King might be brought to Justice in order to which they passed an Act authorizing the Persons therein named or any thirty of them to proceed to the Arraignment Condemnation or Acquittal of the King with full Power in case of Condemnation to proceed to Sentence and to cause the said Sentence to be put in Execution This High Court of Justice met on the 8 th of January 1648 in the Painted Chamber to the number of about fourscore consisting chiefly of Members of Parliament Officers of the Army and Gentlemen of the Country where they chose Serjeant Aske Serjeant Steel and Dr. Dorrislaus to be their Counsel Mr. John Coke of Grays-Inn to be their Solicitor and Mr. Andrew Broughton their Secretary and sent out a Precept under their Hands and Seals for proclaiming the Court to be held in Westminster-Hall on the tenth of the said Month which was performed accordingly by Serjeant Dendy attended by a Party of Horse in Cheapside before the old Exchange and in Westminster-Hall On the the tenth they chose Serjeant Bradshaw to be their President with Mr. Lisle and Mr. Say to be his Assistants and a Charge of High Treason being drawn up against the King the Court appointed a convenient Place to be prepared at the upper end of Westminster-Hall for his Publick Trial directing it to be covered with Scarlet Cloth and ordered twenty Halberdiers to attend the President and thirty the King All things being thus prepared for the Trial the King was conducted from Windsor to St. James's from whence on the 20 th of January he was brought to the Bar of the High Court of Justice where the President acquainted the King with the Causes of his being brought to that Place For that He contrary to the Trust reposed in him by the People to see the Laws put in execution for their Good had made use of his Power to subvert those Laws and to set up his Will and Pleasure as a Law over them that in order to effect that Design he had endeavoured the Suppression of Parliaments the best Defence of the Peoples Liberties That he had levied War against the Parliament and People of England wherein great numbers of the good People had been slain of which Blood the Parliament presuming him guilty had appointed this High Court of Justice for the Trial of him for the same Then turning to Mr. Broughton Clerk of the Court he commanded him to read the Charge against the King who as the Clerk was reading the Charge interrupted him saying I am not intrusted by the People they are mine by Inheritance demanding by what Authority they brought him thither The President answered that they derived their Authority from an Act made by the Commons of England assembled in Parliament The King said the Commons could not give an Oath that they were no Court and therefore could make no Act for the Trial of any Man much less of him their Soveraign It was replied that the Commons assembled in Parliament could acknowledg no other Soveraign but God for that upon his and the Peoples Appeal to the Sword for the Decision of their respective Pretensions Judgment had been given for the People who conceiving it to be their Duty not to bear the Sword in vain had appointed the Court to make Inquisition for the Blood that had been shed in that Dispute Whereupon the President being moved by Mr. Solicitor Coke in the Name and on the Behalf of the good People of England commanded the Clerk of the Court to proceed in the reading of the Charge against him which being done the King was required to give his Anser to it and to plead guilty or not guilty The King demurred to the Jurisdiction of the Court affirming that no Man nor Body of Men had Power to call him to an account being not intrusted by Man and therefore accountable only to God for his Actions entring upon a large Discourse of his being in Treaty with the Parliament's Commissioners at the Isle of Wight and his being taken from thence he knew not how when he thought he was come to a Conclusion with them This Discourse seeming not to the purpose the President told him that as to his Plea of not being accountable to Man seeing God by his Providence had over-ruled it the Court had resolved to do so also and that if he would give no other Answer that which he had given should be registred and they would proceed as if he had confessed the Charge In order to which the President commanded his Answer to be entred directing Serjeant Dendy who attended the Court to withdraw the Prisoner which as he was doing many Persons cried out in the Hall Justice Justice The King being withdrawn the Court adjourned into the Painted Chamber to consider what farther was fit to be done and being desirous to prevent all Objections tending to accuse them
that tho I would not oppose that Motion yet it was but reasonable to make good their Promises also to Persons that had served them usefully in former occasions desiring them to remember the past Services of those that they knew continued still to be faithful to them tho not then in actual Employment and particularly not to forget the important Services of Major General Skippon nor the Vote they had passed to settle one thousand Pounds a Year upon him which hitherto had been insignificant to him Upon this Motion the Parliament ordered that the said Sum should be paid yearly to him out of the Receipt at Goldsmiths-Hall till so much should be settled upon him out of the forseited Lands in Ireland by Act of Parliament In consideration of this piece of Justice the Major General did me ever after the Honour to call me his Real Friend And now the Parliament being desirous to let the People see that they designed not to perpetuate themselves after they should be able to make a compleat Settlement of Affairs and provide for the Security of the Nation from Enemies both abroad and at home whom they had yet in great Numbers to contend with resolved that the House would upon every Wednesday turn themselves into a Grand Committee to debate concerning the manner of Assembling and Power of future successive Parliaments the Number of Persons to be appointed to serve for each County that the Nation might be more equally represented than hitherto had been practised and touching the Qualifications of the Electors as well as those to be elected which Order was constantly observed and considerable Progress from time to time made therein The Lieutenant General being arrived and having resumed his Place in the House the Parliament ordered their Speaker to give him Thanks in their Name for the Services he had done for the Commonwealth in the Nation of Ireland And now the Council of State concluding it highly necessary to make some Preparations against the Storm which threatned us from the North and knowing that the Satisfaction of their General was of great Importance to that Service desired the Lord Fairfax to declare his Resolution concerning the same who after a day or two's Consideration at the Instigation chiefly as was thought of his Wife upon whom the Presbyterian Clergy had no small Influence seemed unwilling to march into Scotland but declared that in case the Scots should attempt to invade England he would be ready to lay down his Life in opposing them We laboured to perswade him of the Reasonableness and Justice of our Resolution to march into Scotland they having already declared themselves our Enemies and by publick Protestation bound themselves to impose that Government upon us which we had found necessary to abolish and to that end had made their Terms with Prince Charles waiting only an Opportunity as soon as they had strengthned themselves by foreign Assistance which they expected to put their Design in execution after we should be reduced to great Difficulties incident to the keeping up of an Army in expectation of being invaded by them 〈◊〉 him that we thought our selves indispeusably obliged in Duty to our Country and as we tendred the Peace and Prosperity of it as well as to prevent the effusion of the Blood of those who had been and we hoped upon better Information would be our Friends to march into Scotland and either to understand from them that they are our Friends or to endeavour to make them so chusing rather to make that Country the Seat of the War than our own But the Lord Fairfax was unwilling to alter his Resolution in consideration of any thing that could be said Upon this Lieutenant General Cromwell pressed that notwithstanding the Unwillingness of the Lord Fairfax to command upon this occasion they would yet continue him to be General of the Army prosessing for himself that he would rather chuse to serve under him in his Post than to command the greatest Army in Europe But the Council of State not approving that Advice appointed a Committee of some of themselves to confer farther with the General in order to his Satisfaction This Committee was appointed upon the Motion of the Lieutenant General who acted his part so to the Life that I really thought him in earnest which obliged me to step to him as he was withdrawing with the rest of the Committee out of the Council-Chamber and to desire him that he would not in Compliment and Humility obstruct the Service of the Nation by his Refusal but the Consequence made it sufficiently evident that he had no such Intention The Committee having spent some time in Debate with the Lord Fairfax without any Success returned to the Council of State whereupon they ordered the Report of this Affair to be made to the Parliament Which being done and some of the General 's Friends informing them that tho he had shewed some Unwillingness to be employed in this Expedition himself yet being more unwilling to hinder the undertaking of it by another he had sent his Secretary who attended at the door to surrender his Commission if they thought fit to receive it the Secretary was called in and delivered the Commission which the Parliament having received they proceeded to settle an annual Revenue of five thousand Pounds upon the Lord Fairfax in consideration of his former Services and then voted Lieutenant General Cromwell to be Captain General of all their Land Forces ordering a Commission forthwith to be drawn up to that effect and referred to the Council of State to hasten the Preparations for the Northern Expedition A little after as I sat in the House near General Cromwell he told me that having observed an Alteration in my Looks and Carriage towards him he apprehended that I had entertained some Suspicions of him and that being perswaded of the Tendency of the Designs of us both to the Advancement of the Publick Service he desired that a Meeting might be appointed wherein we might with freedom discover the Grounds of our Mistakes and Misapprehensions and create a good Understanding between us for the future I answered that he had discovered in me what I had never perceived in my self and that if I troubled him not so frequently as formerly it was either because I was conscious of that weight of Business that lay upon him or that I had nothing to importune him withal upon my own or any other account yet since he was pleased to do me the Honour to desire a free Conversation with me I assured him of my Readiness therein Whereupon we resolved to meet that Afternoon in the Council of State and from thence to withdraw to a private Room which we did accordingly in the Queen's Guard-Chamber where he endeavoured to perswade me of the Necessity incumbent upon him to do several things that appeared extraordinary in the Judgment of some Men who in opposition to him took such Courses as would bring Ruin upon
Waller had earnestly solicited for this Employment of Lieutenant General of the Horse in Ireland and that the General not thinking it convenient to entrust him with it yet unwilling he should know so much perswaded him to believe that the Parliament had over-ruled him therein The Parliament then passed an Act constituting Commissioners for the Administration of Civil Affairs in Ireland and agreed upon Instructions of sufficient Latitude for them to act by in particular to lay a Tax on that Nation not exceeding the Sum of thirty thousand Pounds To give order for the distribution of Justice as near to the Rules of the Law as the nencessity of the Times would permit and to consider of a Method of Proceeding in the Courts of Justice there to be offered to the Parliament for their Approbation The Commissioners were those that I mentioned before only Major Salloway desiring to be excused from that Service Mr. Miles Corbet a Member of Parliament was inserted in his room Some Suspicions there were at this time that the Presbyterian Party in England especially those about London entertained a private Correspondence with their Brethren in Scotland where tho that Nation had received a great Blow at Dunbar yet it was resolved that their King should be crowned upon his taking the Solemn League and Covenant and obliging himself thereby to endeavour the extirpation of Popery and Episcopacy This Action was performed with all the Circumstances and Solemnities that could be used in the Condition of their Affairs The Nobility swore Fidelity to him and the Marquiss of Argile put the Crown upon his Head with his own Hands And now having a King like other Nations and a Covenanting King too they doubted not of Success under his Conduct presuming by this means most certainly to retrieve all their Losses and Reputation But the Parliament who had removed one King was not frighted with the setting up of another and therefore proceeded in the Settlement of their Affairs both Military and Civil and to that end ordered a thousand Pounds to be advanced to the Commissioners of the Civil Affairs in Ireland directing them to receive also a thousand Pounds yearly They like wise gave Orders for the payment of a thousand Pounds to me by way of Advance upon my Pay as Lieutenant General of the Horse that I might be enabled to furnish my self with Tents Horses and other things necessary for that Service The Committee of Irish Affairs raised also a Troop consisting of a hundred Horse to accompany me and armed them with Back Breast Head-pieces Pistols and Musquetoons with two Months Pay advanced The Lord Deputy Ireton's Lady Daughter to General Cromwell prepared to go over with us to her Husband who had removed his Head-quarters to Waterford partly because he thought that Place most convenient for the Service as the Enemy then lay and partly from some Disgust conceived against Dublin where the Inhabitants had extorted unreasonable Rates for their Provisions and other Necessaries sold to our Army at their Arrival there for the Relief of Ireland Therefore resolving to pass through South Wales I hastned out of Town before the rest of my Company in order to take leave of my Friends in the West and from thence going to Glamorganshire I stayed there with some Relations of my Wife till the rest of the Company came down Before I left the Parliament some Difference happening between the Countess of Rutland and the Lord Edward Howard of Escrick Col. Gell who was a great Servant of the Countess informed Major General Harison that the Lord Edward Howard being a Member of Parliament and one of the Committee at Haberdashers-Hall had taken divers Bribes for the excusing Delinquents from Sequestration and easing them in their Compositions and that in particular he had received a Diamond Hatband valued at eight hundred Pounds from one Mr. Compton of Sussex concerning which he could not prevail with any to inform the Parliament Major General Harrison being a Man of severe Principles and zealous for Justice especially against such as betrayed the Publick Trust reposed in them assured him that if he could satisfy him that the Fact was as he affirmed he would not fail to inform the Parliament of it and upon Satisfaction received from the Colonel touching that Matter said in Parliament That tho the Honour of every Member was dear to him and of that Gentleman in particular naming the Lord Howard because he had so openly owned the Interest of the Commonwealth as to decline his Peerage and to sit upon the foot of his Election by the People yet he loved Justice before all other things looking upon it to be Honour of the Parliament and the Image of God upon them that therefore he durst not refuse to lay this Matter before them tho he was very desirous that the said Lord might clear himself of the Accusation The Parliament having received his Information referred the Consideration of the Matter to a Committee where it was fully examined and notwithstanding all the Art of Counsel learned in the Law who are very skilful at putting a good Appearance upon a bad Cause and all the Friends the Lord Howard could make so just and equitable a Spirit then governed that the Committee having represented the Matter to the Parliament as they found it to be they discharged him from being a Member of Parliament sent him to the Tower and fined him ten thousand Pounds About the beginning of January the Commissioners of Parliament the Lady Ireton and my self met at Milford in order to embark for Ireland three Men of War lying ready for us in the Harbour with several Ships for the Transportation of my Troop with our Goods and Horses We came to Milford on Saturday and on Monday following the Lady Ireton and the Commissioners set sail with fair Wind leaving the Guinea-Frigat for me and to be Convoy to those Vessels that were appointed to transport the Horse and other things of which but one could be ready time enough to set sail with them my Troop being not yet mustered The next day Mr. Lort by order of the Committee of Parliament mustered my Troop so that I began to ship them on Wednesday in the Afternoon and on Thursday Morning they being all embarked we set sail and tho the Weather proved very calm we arrived the next day under the Fort of Duncannon near Waterford where I understood that the Lady Ireton and the Commissioners had landed there the day before and were gone to the Lord Deputy at Waterford Immediately after my Arrival I went to wait on the Lord Deputy Ireton who was much surprized at my landing so soon after the rest of the Company and ordered good Quarters to be assigned to my Troop that they might be refreshed before they entred upon Duty for it was observed that the English Horses were not so fit for Service till they had been seasoned for some time with the Air and Provisions of that Country
Having received Advice that the Enemy was marched out of Connaught and Limerick towards our Quarters in Munster he drew a Party of Horse and Foot out of their Winter-quarters to which they had been lately sent and with them endeavoured to find out the Enemy who upon his Advance retreated into their own Quarters The Deputy being returned was very careful to prepare all things that were necessary for the Army that they might be ready to march into the Field early the next Spring making Provision of Tents Arms Clothes and Bread for the Souldiers sending Cannon and Ammunition of all sorts up the Shannon towards Limerick by Vessels provided to that end that being the first Place which he designed to attack the following Year having in his last March by putting Garisons into Castle-Conel Kilmallock and other Places blocked them up in some measure The Commissioners of Parliament of whom the Deputy was one spent a considerable time in debating and resolving in what manner Justice should be administred for the present in each Precinct till the State of Affairs could be reduced into a more exact Order and accounting it most just that those who had the most immediate Advantage by the War should bear the principal Burden of it they laid upon the Nation of Ireland a Tax proportionable to their Ability for the raising of which together with the Excise and Customs that by our Authority from the Parliament we were impowered to impose we appointed Commissioners for the Precincts of Dublin Waterford Cork Clonmel Kilkenny and Vlster who were to proceed according to such Rules as they should receive from time to time from the Parliament's Commissioners The Governour of each Precinct was appointed one of the Commissioners of that Precinct Col. Hewetson being for Dublin Sir Charles Coote and Col. Venables for Vlster Col. Daniel Axtel for Kilkenny Col. Zanchey for Clonmel Col. Phaier for the County of Cork and Col. Laurence for the County of Waterford They appointed Col. Thomas Herbert and Col. Markham to be Inspectors over the rest and to go from place to place to see that their Instructions were put in execution Commissioners were also appointed in the several Precincts for the more equal Distribution of Justice and a Proclamation was published forbidding the killing of Lambs or Calves for the Year next ensuing that the Country might recover a Stock again which had been so exhausted by the Wars that many of the Natives who had committed all manner of waste upon the Possessions of the English were driven to such Extremities that they starved with Hunger and I have been informed by Persons deserving Credit that the same Calamity fell upon them even in the first Year of the Rebellion through the Depredations of the Irish and that they roasted Men and eat them to supply their Necessities In conjunction with this Evil they were also afflicted with the Plague which was supposed to have been brought amongst them by a Ship from Spain and bound to Galway from whence the Infection spread it self through most Parts of the Country and amongst others had reached Waterford where several died of it and particularly a Kinswoman of mine who having been driven out of Ireland with her Husband and Children at the breaking out of the Rebellion took the Opportunity to return thither with me and died there with one of her Children very suddenly having dined with me the day before The Spring approaching we removed to Kilkenny that Place lying most convenient for the distribution of Tents Clothes and all other things necessary for the use of the Army It was also near the Enemies Quarters and thereby thought most proper to favour any Attempt against them from thence Col. Reynolds who returned from England with us being made Commissary General of the Horse in Ireland was sent with a Party into the King and Queen's County and put a Garison into Marriborough appointing Major Owen to be Governour of the Place At his Return it was agreed that a Detachment from Nenagh where Col. Abbot commanded another from Cashil and those Parts and a third from Kilkenny should march from their respective Garisons and contrive it so as to sall upon the Quarters of Col. Fitzpatrick at the same time which were advantageously situated encompassed with Woods and Bogs and inaccessible except by three very narrow and difficult ways by which they were ordered to attack him separatcly This Enterprize was so well effected that the Place was taken with many of the Enemies Horse besides a great number of Men killed or made Prisoners At this time it happened that Col. Axtell than whom no Man was better acquainted with the Country of Ireland was accused for not performing some Conditions said to have been promised to the Enemy who pretended that after they had surrendred upon assurance of Mercy they were all put to the Sword except a few who made their Escape The Colonel endeavoured to prove that no Conditions had been granted that they were taken by Force and that they who had shewed no Mercy could not deserve to receive any Tho the Proof was not clear that he had promised them their Lives yet because it appeared that some of the Souldiers had thrown out some Expressions tending that way to the Enemy the Deputy was so great a Friend to Justice even where an Enemy was concerned that tho Col. Axtell was a Person extraordinarily qualified for the Service of that Conjuncture he together with the Council of War at which the Commissioners of the Parliament were also present suspended him from his Employment The Lord Broghil who had conceived great hopes of obtaining the Command of the Horse or at least to be made a General Officer well knowing his own Merit and thereupon thinking himself neglected made his Complaint to the Deputy in a Letter directed to him and sent unsealed in another to Adjutant General Allen wherein enumerating the Services he had done the Losses he had sustained and the slender Encouragements he had received he declared his Resolution not to obey the Commands of any other but of General Cromwell and him In answer to this the Deputy by another Letter acquainted him that he was sorry to find such a Spirit in him and particularly that he should discover it at such a time when the Season for Action was drawing on desiring him to come to the Head-quarters that they might confer together touching this Matter At his coming the Deputy consulted with the Commissioners what Course to take in this Affair I excused my self to them from giving my Advice his principal Objection being against me telling them I was convinced that he had some Ground for his Dissatisfaction by reason of his Interest and Experience in the Country I being in those respects much inferiour to him and should not have had the Confidence to have undertaken the Employment I possessed but in pure Obedience to those who were in Authority The Deputy assured me that they were abundantly satisfied
with the Clearness of my Proceeding and no less of my Abilities to discharge the Trust reposed in me and to perform the Duties of my Employments of which he was pleased to say I had given sufficient Demonstration as well as of a constant and hearty Affection to the Publick Interest In conclusion the Debate concerning the Lord Broghill was brought to this Question Whether he should be wholly laid aside or whether something should be done in order to content him for the present by conferring upon him some Office of Profit and the Title of a General Officer The latter was agreed upon and he declared Lieutenant General of the Ordinance in Ireland The Commissioners having settled Affairs as well as they could and finding the Deputy to be employed in making all necessary Preparations for the ensuing Service took that Opportunity to go to regulate Affairs at Dublin where after they had dispatched the Publick Business in which they spent about a Week and provided Houses to receive their Families when they should arrive from England they returned to Kilkenny The Enemy who had a Party of Horse in those Parts had designed to surprize them in their way to Dublin and again in their Return to us but finding them attended by a strong Guard they durst not venture to attempt it The Enemies Forces being retreated into Connaught which Province was covered by the Shannon and keeping strong Guards upon the Bridges and Fords of that River the Reduction of Limerick could not well be expected till we had blocked them up on both sides In order to which it was resolved that Sir Charles Coote who had with him between four and five thousand Horse and Foot should march into Connaught by the way of Ballyshannon a Passage on the side of Ulster not far distant from the Sea and Commissary General Reynolds was sent with his Regiment of Horse to his Assistance Col. Axtell and some others about this time going for England were taken by a Pirate belonging to Scilly whither they were all carried Prisoners The Irish who were many in the Island against whom Col. Axtell had been very active and who had heard of the Charge lately exhibited against him pressed hard for the taking away his Life But upon consideration of the Preparations making by the Parliament to send a Fleet with Souldiers to reduce that Island it was not thought convenient to attempt any thing against him tho they had a strong Inclination to it for fear of an exemplary Retaliation In the mean time the Parliament sent a Fleet with some Land-Forces to reduce the Isle of Jersey with the Castle which was kept by Sir Philip Carteret for Prince Charles Col. Haines who commanded them met with some Opposition at his landing but having brought his Men ashore the Island generally submitted to the Parliament The Castle having made some Resistance was soon after surrendred also The Affairs of the Commonwealth being thus successful and their Authority acknowledged by the Applications of Agents and Ambassadors from Foreign Nations to them it was resolved to send some Ministers abroad to entertain a good Correspondence with our Neighbours and to preserve the Interests of the Subjects of this Nation in those Parts To that effect the Lord Chief Justice St. Johns was dispatched with the Character of Ambassador Extraordinary to the States of the United Netherlands with whom Mr. Walter Strickland our Resident there was joined in Commission and to prevent such another Attempt as had been made upon our former Agent forty Gentlemen were appointed to attend him for his Security and Honour ten thousand Pounds being delivered to the Lord Ambassador's Steward for the Expence of the Embassy Yet this great Equipage was not sufficient to prevent a publick Affront which was offered him by Prince Edward one of the Palatine Family as he was passing the Streets But the Prince immediately retiring to some Place out of the Jurisdiction of the States secured himself from any Prosecution tho they pretended upon the Complaint of our Ambassadors that they were ready to do them what Right they could The Negotiation of our Ministers which was designed to procure a nearer Conjunction and Coalition between the two States proved also ineffectual the Province of Holland being not so much inclined to consent to it as was expected and Frizeland with most of the rest of the Provinces entirely against it presuming that such a Conjunction as was demanded would be no less than rendring those Countries a Province to England So that our Ambassadors having used all possible means to succeed in their Business and finding the Dutch unwilling to conclude with us whilst the King had an Army in the Field returned to England without effecting any thing but the Expence of a great Sum of Money This Disappointment sat so heavy upon the haughty Spirit of the Lord Chief Justice St. Johns that he reported these Transactions with the highest Aggravations against the States and thereby was a principal Instrument to prevail with the Council of State to move the Parliament to pass an Act prohibiting foreign Ships from bringing any Merchandizes into England except such as should be of the Growth or Manufacture of that Country to which the said Ships did belong This Law tho just in it self and very advantageous to the English Nation was so highly resented by the Dutch who had for a long time driven the Trade of Europe by the great Number of their Ships that it soon proved to be the Ball of Contention between the two Nations During these Transactions the Deputy of Ireland labouring with all diligence to carry on the Publick Service ordered the Army to rendezvouz at Cashil from whence he marched by the way of Nenagh to that part of the River Shannon which lies over against Killalo where the Earl of Castle-haven lay with about two thousand Horse and Foot disposed along the side of the River and defended by Breast-works cast up for their Security resolving to endeavour to obstruct our Passage into Connaught The Deputy as if he had intended to divert the Course of the River set the Souldiers and Pioneers at work to take the Ground lower on our side that the Water venting it self into the Passage the River might become fordable which so alarmed the Enemy that they drew out most of their Men to oppose us Whilst they were thus amused the Deputy taking me with him and a Guard of Horse marched privately by the side of the Shannon in order to find a convenient place to pass that River The ways were almost impassable by reason of the Bogs tho Col. Reeves and others who commanded in those Parts had repaired them with Hurdles as well as they could Being advanced about half way from Killalo to Castle-Conel we found a place that answered our Desires where a Bridg had formerly been with an old Castle still standing at the foot of it on the other side of the River We took only a short
hundred Men on shore commanded by Captain Morrice to attack a Quarter of the Enemies that lay by the Harbour which they executed Successfully by taking the Fort and about forty Prisoners with four Pieces of Cannon which they nailed up and returned on board again At this time the Virginia Fleet arriving at the Barbadoes it was thought fit to send a third Summons to the Lord Willoughby but finding that neither this nor the Declaration sent to them by the Commissioners of Parliament to the same purpose produced any effect Sir George Ayscue landed seven hundred Men from his own and the Virginia Fleet giving the Command of them to the same Captain Morrice who fell upon thirteen hundred of the Enemies Foot and three Troops of their Horse and beat them from their Works killing many of their Men and taking about a hundred Prisoners with all their Guns The Loss on our side was inconsiderable few of ours being killed upon the place and not above thirty wounded Yet these Successes were not sufficient to accomplish the Work there being above five thousand Horse and Foot in the Island and our Virginia Fleet preparing to depart for want of Provisions In this conjuncture Colonel Muddiford who commanded a Regiment in the Island by the means of a Friend that he had in our Fleet made his Terms and declared for the Parliament Many of his Friends following his Example did the like and in conjunction with him encamped under the protection of our Fleet. Upon this the most part of the Island were inclined to join us but the Lord Willoughby prevented them by placing Guards on all the Avenues to our Camp and designed to charge our Men with his Body of Horse wherein he was much superior to them had not a Cannon-Ball that was fired at random beat open the door of a Room where he and his Council of War were sitting which taking off the Head of the Sentinel who was placed at the door so alarmed them all that he changed his design and retreated to a Place two Miles distant from the Harbour Our Party consisting of two thousand Foot and one hundred Horse advancing towards him he desired to treat which being accepted Colonel Muddiford Colonel Collyton Mr. Searl and Captain Pack were appointed Commissioners by Sir George Ayscue and by the Lord Willoughby Sir Richard Pierce Mr. Charles Pym Colonel Ellis and Major Byham By these it was concluded that the Islands of Barbadoes Mevis Antego and St. Christophers should be surrendered to the Parliament of England That the Lord Willoughby Colonel Walrond and some others should be restored to their Estates and that the Inhabitants of the said Isles should be maintained in the quiet enjoyment of what they possessed on condition to do nothing to the prejudice of the Commonwealth This News being brought to Virginia they submitted also where one Mr. George Ludlow a Relation of mine served the Parliament in the like manner as Col. Muddiford had done at the Barbadoes The Parliament of England being desirous after all these Successes to convince even their Enemies that their principal design was to procure the happiness and prosperity of all that were under their Government sent Commissioners to Scotland to treat concerning an Union of that Nation with England in one Common-wealth directing them to take care till that could be effected that Obedience should be given to the Authority of the Parliament of the Common wealth of England The Commissioners appointed to this end on the part of the Parliament were Sir Henry Vane the Chief Justice St. Johns Mr. Fenwick Major Salloway Major General Lambert Colonel Titchborn Major General Dean and Colonel Monk This Proposition of Union was chearfully accepted by the most iudicious amongst the Scots who well understood how great a condescension it was in the Parliament of England to permit a People they had conquered to have a part in the Legislative Power The States-General being highly displeased with the late Act of Navigation passed by the Parliament which they accounted to be a great obstruction to their Trade resolved to leave no means unattempted to procure it to be repealed To this end they sent three Ambassadors to England who pretending a desire to finish the Treaty begun formerly between the Two States requested that things might be as they were at the time of our Ambassador's departure from Holland designing thereby that the Act lately passed for the Encouragement of our Seamen should be suspended and all such Merchandizes restored as had been seized from the Dutch by virtue of the said Act. The Parliament refusing to consent to this Proposal the States-General gave Orders for the equipping a considerable Fleet consisting of about a hundred Ships of War giving notice to the Parliament by their Ambassadors of these Preparations and assuring them that they were not design'd to offend the English Nation with whom they desired to maintain a friendly Correspondence and that they were provided to no other end than to protect their own Subjects in their Trade and Navigation But the Parliament being unwilling to rely upon the Promises of those who by their past and present Actions had manifested little Friendship to us resolved to make what Preparations they could to defend themselves This Alarm awakened us to a diligent performance of our duty in Ireland fearing that the Hollanders might transport some foreign Forces by their Fleet to the Assistance of the Irish who were not only still numerous in the Field but had also divers Places of Strength to retreat to Our Suspicions were farther increased by the Advices we received of a Treaty on foot between the Duke of Lorain and Theobald Viscount Taff with other Irish to bring the Forces of that Duke into Ireland against us in order to extirpate all Hereticks out of that Nation to re-establish the Romish Religion in all Parts of it and to restore the Irish to their Possessions all which being performed he should deliver up the Authority to the King of Great Britain and assist him against his Rebellious Subjects in England That all Ireland should be ingaged for his Re-imbursement That Galway Limerick Athenree Athlone Waterford and the Fort of Duncannon should be put into his hands as Cautionary Places with other things of the same nature The Report of this Agreement being spread amongst the Irish encouraged them to make all possible Opposition against us in expectation of the promised Succours The Commissioners of the Parliament on the other hand laboured with all diligence to dispose their Affairs in the best manner they could for the Publick Service in order to which they sent to the several Commanders of our Army to excite them to the discharge of their Duty making provision of Arms Ammunition Clothes Tents and all things necessary to the carrying on the War in the ensuing Spring A general Meeting of Officers was also appointed to be held at Kilkenay to consult about the best Method of employing our Arms against the
to carry on this necessary Work procured some Forces to be sent from Scotland into the North of Ireland and put into their hands the Town and Castle of Carrickfergus They also dispatched several Regiments of English thither who were blessed with wonderful Success against the Rebels particularly about Dublin where the Earl of Ormond commanded Those of the English Pale by fair Pretences procured Arms to be delivered to them yet basely cut off a Party of five or six hundred Men sent to relieve Sir Richard Titchburn then besieged at Droghedah who finding no hopes of Relief made his Retreat to Dublin by Sea The Lord Forbes a Scots-man was sent with a Party into Munster where he greatly annoyed the Enemy and being furnished with some Ships sailed up the Shannon and secured several Places upon that River particularly Bonratte the Residence of the Earl of Thomond where he found about threescore Horse fit for Service Major Adams was made Governour of that House But the Enemy frequently resorting to a Place called Six-Miles-Bridg about two or three Miles from thence the English pressed the Earl to assist them to fall upon the Irish who unwilling to oppose the English Interest and no less to make the Rebels his Enemies endeavoured to excuse himself yet upon second thoughts resolved to comply if some care might be taken to spare his Kindred Whereupon some of the English Officers proposing to him that his Relations should distinguish themselves by some Mark and he concluding it to be in order to secure them to the English Interest chose rather to withdraw himself into England and to leave his House to the Souldiers where tho he pretended he had no Money to lend them to supply their wants they found two thousand Pounds buried in the Walls which they made use of for the paiment of their Forces The King finding that nothing less would satisfy the Parliament than a thorow Correction of what was amiss and full Security of their Rights from any Violation for the suture considered how to put a stop to their Proceedings and to that end encouraged a great number of loose debauch'd Fellows about the Town to repair to Whitehall where a constant Table was provided for their Entertainment Many Gentlemen of the Inns of Court were tamper'd with to assist him in his Design and things brought to that pass that one of them said publickly in my hearing What! shall we suffer these Fellows at Westminster to domineer thus Let us go into the Country and bring up our Tenants to pull them out Which Words not being able to bear I questioned him for them and he either out of fear of the publick Justice or of my Resentment came to me the next Morning and asked pardon for the same which by reason of his Youth and want of Experience I passed by By these Actions of the King the Suspicions of the Parliament were justly increased and therefore they desired leave to provide a Guard to secure themselves from Violence which the King refused to grant unless it might be of his own Appointment alledging that their Fears were groundless But they thought otherwise being convinced that neither what had been already done was sufficiently secured unless the Militia might be placed in such hands as they could trust nor themselves safe unless attended by a Guard of their own Nomination The King 's violent ways not succeeding he fell upon other Measures in appearance more moderate yet continued his Resolution to subdue the Parliament and to colour his Proceedings with a Form of Law he lent Sir Edward Herbert his Attorny General and a Member of the House of Commons to accuse of High Treason in the Name of his Majesty Mr. William Stroud Mr. John Pym Mr. John Hampden Sir Arthur Haslerig and Mr. Denzil Hollis Members of that House and the Lord Kimbolton of the House of Lords acquainting them that he intended to proceed against them according to Law upon the following Articles 1. That they intended to change the Government of the State and to dispossess the King of his Sovereign and Lawful Power and to attribute to Subjects an Arbitrary and Tyrannical Power 2. That by false Reports and Calumnies sown against his Majesty they had endeavoured to alienate from him the Affections of his People 3. That they had done their utmost to debauch the Troops of his Majesty and to engage them in their persidious Designs 4. That they had traitorously sought to overthrow the Rights and true Form of Parliaments 5. That they had used Force and Terror to constrain the Parliament to engage in their pernicious Designs and to that end had stirred up Tumults against the King and Parliament 6. That they had by a great Treason resolved to raise Arms and had actually raised Arms against the King 7. That they had endeavoured to procure a Foreign Power to invade England Upon this the House made answer to the Attorney General that they were the proper Judges of their own Members That upon his producing the Articles that he had to accuse their Members with and the consideration of them if they found cause they would leave them to be proceeded against according to Law but commanded him at his Peril not to proceed any farther against them or any other Member without their Consent After which they published a Declaration forbidding the seizing of any of their Members without their Order authorizing them to stand upon their Guard and requiring all Justices of the Peace Constables and other Officers and People to be assisting to them and sent the Attorny General to Prison for his Proceedings in this matter The King finding his Instruments thus discouraged and being resolved to remove all Obstructions in his way went in Person to the House of Commons attended not only with his ordinary Guard of Pensioners but also with those Desperadoes that for some time he had entertained at Whitehall to the number of three or four hundred armed with Partizans Sword and Pistol At the door of the House he left his Guard commanded by the Lord Roxberry entring accompanied only by the Prince Palatine where taking possession of the Speaker's Chair and not seeing those that he looked for he said The Birds are flown For upon notice given by a Lady of the Court of the King's Intention they were retired into the City The King then demanded of the Speaker where such and such were naming the five Members to which he answered in these Words I have neither Eyes to see Ears to hear nor Tongue to speak in this place save what this House gives me The King replied I think you are in the right and then addressing himself to the House said That he was sorry he had been necessitated to come thither That no King of England had been more careful to preserve the Privileges of Parliament than he desired to be but that those five Members being dangerous Persons he had been obliged to pursue them not by Force but
by the ordinary Forms of Justice That he hoped the Parliament would send them to him to justify themselves if they could if not he knew how to find them Which said he retired The Parliament sensible of this violation of their Privileges and fearing they might be further intrenched upon ordered a Committee of the House to sit in the City of London whither their five Members were gone before for Protection The King followed them thither with a slender or rather no Guard so far was he from fearing either Parliament or City designing to engage the Citizens to deliver up the five Members to him and to stand by him in this horrid Enterprize but they would not be perswaded to comply with his Desires in that matter This violent Attempt proving unsuccessful the Parliament to assert their just Rights voted it to be a Breach of their Privileges and that the like might be prevented for the future after the Committee had sat a few days in the City they returned to Westminster accompanied with Guards from the City both by Land and Water Which the King being informed of and finding that the Design which he had laid had highly provoked the Parliament and People he retired to Hampton-Court whither those that he had formerly entertained at Whitehall soon repaired and at Kingston upon Thames appeared in a military Posture with the Lord Digby and Colonel Lunsford at the head of them The two Houses having notice thereof desired the King to disperse the said Troops and to return to the Parliament The Lord Digby was also required to attend his Duty in the House but he being conscious of his own Guilt and knowing that the King's Affairs were not yet in a posture to bid open defiance to the Parliament chose rather to betake himself to flight as the Queen did soon after upon notice that the two Houses were about to accuse her of High Treason both of them designing not only to withdraw themselves from the Prosecution of the Parliament but also to make what Preparations they could for the raising of an Army against them In order to which the Queen carried with her the Jewels of the Crown and pawned them in Holland for Arms and Money The Parliament having discovered that the Lord Digby had by a Letter advised the King to retire to some Place of Strength and there to declare against them they caused him to be proclaimed a Traitor Notwithstanding which the King instead of returning to London at the earnest Desire of both Houses in prosecution of the Lord Digby's Counsel went farther from them During his Absence many Papers passed between him and the Parliament The chief Aim of those of the latter was to perswade the King to return to London and to settle the Militia in such hands as the Parliament should advise that so all Jealousies between him and his People might be removed Those from the King were to let them know that he could not part with the Militia esteeming it to be the best Jewel of his Crown nor return to London with Safety to his Person The Declarations on both sides proving ineffectual and the King's Designs both at home and abroad being grown ripe he expressed his Dissatisfactions more openly and withdrew to York where several Lords and others affected to his Interest resorted to him with Plate Money Men Horses and Arms Amongst whom were many Papists who tho to cover the King's Designs from the People they were forbidden to come into the Court were yet privately encouraged and daily listed and armed And as the distance of York from the Parliament was one reason why the King went thither so its Nearness to Hull was another This Town he endeavoured to possess himself of being a Place of Strength where great Quantities of Arms and Ammunition had been laid up upon disbanding the Army which was lately on foot in those Parts and very convenient for the landing of Men from Holland But the Parliament suspecting the Design had sent Sir John Hotham thither to keep and defend it for their use Notwithstanding which the King persisted in his Resolution and endeavoured by sending divers Persons of Quality into the Town to surprise it but that way not taking effect he appeared in Person before it demanding Entrance of Sir John Hotham which he absolutely refused to permit alledging that he was entrusted with the Place by the Parliament for the Service of his Majesty and the Nation and that he could not surrender it without their Order The King finding that he could not prevail either by Promises or Threatnings caused Sir John Hotham to be proclaimed a Traitor and returned to York from whence he complained to the Parliament of the Affront he had received at Hull who to manifest their Approbation of Sir John Hotham's Conduct declared that he had done his Duty in denying the King admittance into the Town asserting that the Command of the Militia was entrusted with the King to be employed for the Good of the Nation of which the two Houses of Parliament sitting are the proper Judges The Parliament began now to provide for the Security of all Places and sent a Committee of four of their Members to invite the King to return to Westminster and to endeavour to promote their Interest in the Northern Parts and being informed that there was laid up in the Town of Leicester a considerable Quantity of Arms and Ammunition provided for the County and that Mr. Hastings then Sheriff under pretence of bringing with him a Guard to attend the Judges at the Assizes resolved to secure the said Magazine for the King 's Use they made choice of Officers for three Companies of Foot impowering them to raise the said Companies for the defence of the said Magazine The Captains nominated to this Employment were one Major Grey Dr. Bastwick and one of my Brothers who having been for some time in the Service of the States of Holland was newly returned to England These three having received their Commissions from the Parliament went to Leicester in order to raise their Companies which they had not fully effected when the King with all his Cavalry consisting of about two thousand Horse arrived at Leicester against whom three Companies being no way sufficient to defend the Town they resolved only to secure that Place where the Magazine lay but that not being large enough to receive more than one Company the three Captains cast Lots whose part it should be to defend it which falling upon Major Grey the other two dispersed their Men and set forwards for London but had not rode many Miles when they were seized by a Party of Horse which the King commanded the Sheriff to send after them who brought them back to Leicester from whence they were removed to York where they were kept in the Common Goal and very cruelly treated These were the first Prisoners taken on either side The Magazine by Capitulation was dispersed into several parts of the