Deputy Magistrate Seeing therein their Title bears evidence against them for in their three first subscriptions is exprest either King Iames his own act or an ordinance of the secret Councel equivalent to regality or at the desire of the General Assembly to intreat it If they had power to command the new taking of an old Oath as they had not what authority had they to interpret it concerning the five Articles of Perth the Service Boâ—k the Book of Canons and high Commission their Predecessours abjuring onely those Romish corruptions of that time near sixty years since but what could not be more evident was taken upon trust with Jesuitical Equivocation to many such Objections The former Confession and Band annexed heretofore was mâ—de in defence of the King his Authority and Person with their bodies and lives in defence of the Gospel of Christ and Liberties of that Kingdom To which they now have added a mutual defence of one another against all opposers the King not exâ—epted nor any for him Nay by two Acts of their own Parliaments Declare all leagâ—es of subjects amongst themselves without the King to be seditious and punishable The Oath of Iames the sixth and ninth Parliament of Queen Mary the Kings consent never granted nor ever asked The fire of this seditious Covenant flaming throughout the corners of that Kingdom the King to appease those passages sends the Marquesse of Hamilton with power of High Commissioner to conclude and determine for the peace of the Kingdom But why a peace-maker Commissioner and not a war-like Commander And if by a fair Imparlance why Hamilton so much reason to be distrusted as before observed unlesse rather to be deceived than to distrust against the advice of some Scotish Lords the Earl of Sterling Secretary of State the Bishops of Rosse and Broken Privy Counsâ—llours Sr. Robert Spotswood Lord President of the Colledge of Justice and Sr Iohn Hay Master of the Robes who came post hither to disswade the King from him and to present the Marquesse Huntley for that service one utterly in Enmity against Covenanters where the other was suspected But the King carried on by fate suffered the weak contribution of the Duke of Lenox his advise though the old Enemy of his house than that a County Lord Huntley should carry it from them both And indeed it was a Royal deputation fitted for King Hamiltons ambition who having lost the Scotish army for the King of Swedes ayd He fell upon secret designes for his own ends obliging all Scots at Court his dependants and by his authority in Scotland he had the means to alien any from the King to himself as he did in his trust cosen the King by granting what the Covenanters desired even to his Crown by degrees To suspend and after to suppresse the Common Prayer and Canons the five Articles of Perth got by Inches from his Father to be confirmed by Parliament and the Covenant authorized with the calling of General Assemblies for votes of Covenanters to censure and Excommunicate the Bishops and to abolish Episcopacy and all the Royal Clergy to be ruined making himself the greatest figure in Scotland and the King his cypher He acting all in the after Warre as the story proceeds to shew in particular But in Iune the sixth day his Commission was read at Dalkieth four miles from Edinburgh where the Covenanters increased devising because some powder landing at the Fryth for supply of the provision of Edinburgh Castle that assuredly the plot was to blow away the Covenant by destroying the Covenanters And in earnest they were to disdain any notice of the Commissioner or his arrand unlesse he came to them where they were fixed with better force than to adventure out of Edinburgh they having openly landed two good ships loaded with Arms and Amunition and then invited him to come thither which he did Being met with the Nobility and Gentry Covenanters and all sides making a lane of the looser sort who were made believe that Popery and Bishops were One with bitter cursings against both and therefore He being setled at Haly-rood House desired the Covenanters to dismisse their Multitude which they did to be eased of the charge And then He demanded first What they would expect from him Secondly What might be expected from them in duty to the King To the first That nothing but a General Assembly and Parliament would please them and so in both they would be their own Judges and for return to any former obedience they acknowledge no dissertion in the least degree from justifying their actions and rather renounce Baptism than loose one Article of their Covenant or rebate one syllable of the literal rigour of it Religion and Laws be at stake They double their guards of the city the Ministers libel the pulpits and send to the Commissioner the Sunday Eve that whosoever should read the English service though in the Kings Chappel should die the death where they were observed and increasing Insolency they send several letters to each of the secret Councel to require them to take the Covenant Therein expressing the comfortable experience they have already of the wonderfull favour of God upon renewing their Confession of their Faith and Covenant their resolution and beginnings of Universal Reformation to God his great glory contentment of his Majesty blessing to the Kingdom and joy of all good subjects And doubt not that your Lordship will both subscribe to the Covenant and be promover to it in the duty of a good Patriot the Office and trust of a Privy Councellour this the time of trial of your affection to Religion the respect of your fame the eyes of men and Angels being upon your carriage the Lord Iesus a secret witnesse to observe and a Iudge hereafter to reward and confesse such men before his Father that take his part before men All and each of these call and cry to God and your Lordship in a cause of so great and singular necessity as you expect at the hour of death to be free of the terrour of God and to be refreshed with the comfortable remembrance of Christ Iesus King of Kings and Lord of Lords The Marquesse now findes this place too hot for him and removes to Dalkieth without adventuring upon the English Divine Service formerly continually used there for twenty years in audience of the Councel Nobility and Judges and here he Proclames his Maiest es gracious Declaration for relieving of their grievances and satisfying of good people in his forwardnesse for maintenance of the Religion professed in that Kingdom His aversnesse from Popery Not to presse the practise of the Service-Book and Canons but in a legal way of proceeding and had ordered the discharge of all acts and Councels concerning them and to indict a General Assembly or Convocation and Parliament to agitate the welfare of the Church and Kingdom The Covenanters afraid that this Justice and clemency might
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
for his due merits and I wish I could say so much for others on any side And Sir William Brereton is now gone to besiege Lichfield It was about the four and twentieth of February that the Commons discharged the Wardship of the Heirs male of Sir Christopher Wray a Member of the Commons according to their former Ordinance that the Heirs of all such as died in this War in the Service of the Parliament should have their Wardships discharged by Ordinance of both Houses Upon reading of which Ordinance this Day the House took occasion to debate the Legality or Illegality of Wardships in general and ordered That the Court of Wards it self and all Wardships Austre les Mains Primer Seisins and all other Charges incident to the said Office should be from this present Day taken away and all Tennency by Homage and all Fines Licenses Pardons of Alienation c. should be likewise taken away and all Tenures by Knights Service either of his Majestie or others or by Knights Service or Soccage in capite of his Majestie be turned into free and common Soccage There had been by Sentence of the Star-chamber condign punishment inflicted on Dr. Bastwick Mr. Burton and Mr. Pryn for certain scandalous Books imprinted and published by themselves against the King Queen and State Anno 1637. And afterwards Mr. Iohn Lilburn and Mr. Wharton were complained of in Star-chamber by Sir Iohn Banks Attourney General for imprinting and publishing those and such other Books to the defaming of the King and State and were thereupon impeached in the Star-chamber and their persons attached but they refused to put in their Answers and it being taken for granted they were sentenced in Star-chamber Lilburn to be whipt at a Carts tail from the Fleet to Westminster Pallace yard and there to stand in the Pillory for two hours for his contempt and disobedience to the Court It was proved that Lilburn had by the way above five hundred Lashes with a three-stringed Whip-coard and upon each Cord three Knots that he stood in the Pillory two hours and there dispersing some scandalous Books and talking to the People against the State he was gagged to stop his prating For which Misdemeanour there he was again sentenced the eighteenth of April 1638. to be laid in Irons in the Fleet untill he be conform Afterwards when Complaints had freedom to urge the Illegality of former Judgments and Sentences of Courts of Judicature Lilburn petitions the House of Lords for satisfaction of his Sufferings against his Judges And the thirteenth of February 1645. his Case was pleaded and this Order made Die Veneris Feb. 13. 1645. Whereas the cause of John Lilburn Gent. came this Day to a Hearing at the Bar by his Counsel being transmitted from the House of Commons concerning a Sentence pronounced against him in the Star-Chamber Feb. 13. Anno 13. Car. Reg. and after an Examination of the whole Proceedings and a due Consideration of the said Sentence It is this Day adjudged ordered and determined by the Lords in Parliament assembled That the said Sentence and all Proceedings thereupon shall forthwith be for ever totally vacuated obliterated and taken off the File in all Courts where they are yet remaining as illegal and most unjust against the Libertie of the Subject and Law of the Land and Magna Charta and unfit to continue upon Record And that the said Lilburn shall be for ever absolutely freed and totally discharged from the said Sentence and all Proceedings thereupon as fully and amply as though never any such thing had been And that all Estreat and Process in the Court of Exchequer for levying of any Fine if any such be shall be wholly cancelled and made void any thing to the contrary in any wise notwithstanding John Brown Cler. Parliament The Observations may be these 1. Imprisonment a man buried alive is made Corpus immobile legis the immoveable subject of the Law for active Theses was condemned onely to sit still there is an end when Life is taken away but in this no end Nondum tibi redii in gratiam to put a man out of his pain was accounted a favour by the Romans 2. Close Imprisonment was never used to the Primitive Christians by any Tyrants for then that heavy Charge in Scripture I was in Prison and ye visited me not might be answered but a close Imprisonment may presume a Famishment and so Death The Romans had four Punishments Lapidatio Combustio Decollatio and Strangulatio but never Famishing to Death This man might have been so as it was sworn 3. Three years Imprisonment till the Parliament released him and might otherwise have been for ever Whipping was painfull and shamefull flagellation for Slaves In the eleventh of Elizabeth one Cartwright brought a Slave from Russia and would scourge him for which he was questioned and it was resolved That England was too pure an Air for Slaves to breath in And indeed it was often resolved even in Star-chamber that no Gentleman was to be whipt for any offence whatsoever And his Whipping was too severe For the distance from the Fleet to Westminster is above a Mile that he had five hundred Blows one swears a great many more with a treble-corded Whip at least twenty Knots upon it Amongst the Romans no Malefactor had above fourty Stripes and with three Thongs and St. Paul received but nine and thirty Stripes which was but thirteen Blows And it is worth observation that not long since at Orleans in France a Priest was sentenced to be whipt for Fornication with a poor Maid telling her that St. Francis would come and â—ie with her such a Night at which time he feigned himself to be St. Francis and was taken in Bed with her The Kings Advocates pressed the Judges that he might receive fourteen Blows with a three-corded Whip but the Judges would not sentence him to more than thirteen Blows because Ampliandi sunt favores But if our Arithmetick be right not to sport with his pain Lilburn had by this Numeration three times five hundred Stripes in five hundred Blows And besides the Thongs there were twenty Knots upon them which if you multiply into the addition of Stripes make up thousands The Pillory this Punishment was first invented for Mountebanks and Cheats that having gotten upon Banks and Forms to abuse the People were exalted in the same kinde to be an open shame to the Multitude Gagging truly we shall reade of that Punishment Judicature 't is barbarous beastly for Man differs from Beasts both Ratione Oratione We know Perforation in Cases of Blasphemy but not in other matters So that to sum up his Sufferings by Imprisonment he was made a dead Trunk by Whipping a Rogue by Pillory a Cheater and by Gagging a Beast They had better have hanged him out right for prevention of any more hurt hereafter which for his Demerits have been inflicted upon him A man of an undanted troublesome spirit a
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
all Irish Papists many of the chief Commanders now in the Head of the Rebells have been licensed to pass thither by his Majesties immediate Warrant His Majesty therefore having used all possible ways to prevent it he would be resolved if this Speech were so delivered by Master Pym that they review upon what information it was grounded and so to be found false and the King injured or the King to be assured by whose means his Authority has been so highly abused as to be made to conduce to the assistance of that abhorred Rebellion and so to see himself vindicated Febr. 7. To this Message they justifie the Authour Master Pym what he said to be the sense of the House and ordered to be printed and that they are so advertised had your Majesties Warrant and that some others have been staid and are yet in safe custody and named these to be the Lord Delvin and four others in his company and one supposed to be a Priest Colonel Butler Brother to the Lord Miniard now in Rebellion and Sir George Hamilton all Papists and another the Son of the Lord Nettersfield whose Father and Brother are now in Rebellion And are sorry that his Majesties extreme caution therein hath been so ill seconded by his Ministers of which they beseech him to prevent the future dishonour to his Majesty and mischief to the Kingdom Febr. 10. To this the King replies Whether such a general Advertising be ground enough for Master Pym's Speech and their positive Affirmation and challenges them to name any so warranted which he is assured that they cannot and bids them lay it to heart how this their Authority may trench upon his Honour in the affections of his good people as if not sensible enough of that Rebellion so horrid and odious to all good Christians by which in this Distraction what Danger may possibly ensue to his person and estate and therefore expects their Declaration to vindicate his Innocency and Honour And as for the Persons named Butler and Nettersfield had their Passes of his Majesty in Scotland long before any Restraint here being assured of Butler's loyal affection to his service and Uncle to the Earl of Ormond approved faithfull and both Protestants and of Nettersfield there never had been any the least suspition Nor did the King know of their Order of Restraint till Hamilton's stay who was the last that had any Licence And if any had been Papists yet of known integrity they may remember that the Lords Justices of Ireland declared in their Letters that they were so far from owning a publick Jealousie of all Papists that they had armed divers Noble-men of the Pale that were Papists and therefore expects their Declaration for his Vindication as in Duty and Justice they ought to do This he required but that they would not do and the King must sit down by the loss and rest so satisfied Nay they never left clamouring till he had turned out Sir Iohn Byron and put in Sir Iohn Coniers at their Nomination to be Lieutenant of the Tower of London And then they proceed to their Nomination of several fit persons for Trust of the Militia in their respective Counties And passes an Act for disabling all persons in Holy Orders to exercise any Temporal Jurisdiction or Authority as if no men of Religion were fit to do Justice He tells them by Message that to satisfie and compose all Distempers he will by Proclamation require all Statutes concerning Recusants to be put in execution That the seven condemned Priests shall be banished and all Romish Priests within twenty Days to depart the Kingdom That he refers the consideration of the Government and Lituâ—gie of the Church wholly to the Houses And offers himself in person to the Irish War Again the Parliament are at their five Members and Lords and Commons petition that though your Majestie â—inde cause to desert their Prosecution yet in their Charge the whole Parliament is imputed and therefore desire the King to send the Informers against the said Members with their suggestions to the Parliament to be proceeded as in 37 38 Edward 3. Thus forward they are and the Parliament begin to ordain the power of the Militia for safeguard of the Parliament Tower and City of London under the Command of Serjeant Major General Skippon approving all his Orders and Commands already therein by former Directions and now they establish him therein declaring that if any person shall arrest or trouble him for so doing he doth break the Privâ—leges of Parliament violate the Liberty of the Subject and is thereby declared an Enemy to the Common-wealth No more mention of King or Kingdom And they petition him to settle the Militia according to their Nomination of particular persons in Trust therein for all the several Counties To which the King respites till his Return being now to conduct the Queen and the Princess Mary to Dover for their Voyage into Holland Which they answer is as unsatisfactory as an absolute Denial pretending that the Irish endeavour to invade England with assistance of the Papists here Febr. 22. The Lord Digby for some passages heretofore to prevent the Censure of the Parliament was fled beyond Seas and had written three Letters one to the Queen and two others to Secretary Nicholas and Sir Lewis Dives which the Parliament intercepting and opening very maliciously â—omenting the Jealousie between the King and his People therefore upon the Desire of the King for that Letter to the Queen they send hâ—m all three with their prayers for the King to perswade her Majesty not to correspond with him or any other Fugitive or Traitours who depend on the Examination and Judgment of Parliament The King now returned from Dover from whence the Queen and the Princess Mary voyaged to Hâ—lland where she was to negotiate Forreign Aid and Assistance for the Kings Designs being too hot for him to remain at London sends to Hampton Court for the Prince to meet him at Greenwich wherein the Parliament were surprised as now doubting the effect and therefore send a Message thâ—t the Prince his Removal may be a cause to promote Jealousies and Fears which they conceive very necessary to avoid but could not prevail to prevent it The Parliament havâ—ng now the Militia the security of the Tower and City of London Trained Bands of the Kingdom and all the Forces out of the Kings hands they begin to think upon Propositions of themselves for reducing the Rebells of Ireland and order That two Millions and an half of those Acres to be confiscate of Rebells Lands in four Provinces may be allotted to such persons as will disburse Moneys for mannaging that War viz. For each Adventure of Two hundred pounds one thousand Acres in Ulster Three hundred pounds one thousand Acres in Connaught Four hundred and fifty pounds one thousand Acres in Munster Six hundred pounds one thousand Acres in Lemster All English Measure Medow Arable
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
upon better thoughts and very sorrowful desiring that his Errors in Passion might not be drawn into Crimes And that had he intended to desert the Parliament he should have advised with some of his Officers and allured them with him which he was confident could never be proved against him He confessed that after he came to Hull and before his last apprehending he and his Father received two Letters from the Marquess Newcastle and that by his Fathers direction he writ a plausible Letter in Answer the better to hold him in hand to enlarge their own Quarters about Hull otherwise much straitned and the like The Letter was thus To the Right Honourable William Earl of Newcastle My Noble Lord. I confesse it is a great comfort to me in my distracted condition that I am blest with a Friend of so much Truth and Nobleness It is true the fickleness of those men reduced me into that uncertainty I never knew 〈◊〉 what Condition I stood and so I could not give satisfaction then according as you expected Yet you will not finde that ever I shâ—wed or communicated your Letters to any but those who were privy to it and can add to the advancement of the Business in hand and not any way to abuse you as some would make you believe The malice of my Enemies hatâ— been violent against me but God hath delivered me out of their hands I never expected better from the Popularity for none of those ever rewarded their best Citizens with any thing but with Death or Banishment As I resolved never to forsake the Party I had undertaken untill they had without any cause so disabled 〈◊〉 that no man can think that my Honour or Honesty is further engaged to serve them I confess I 〈◊〉 think my self a Freeman from them and resolve by the grace of God never to serve them more I cannot yet attend your Lordship but I shall mightily disserve you untill business be well framed here which I hope will be shortly if I could but obtain so much favour from you that Sir Hugh Chomley might be commanded to forbear the East Riding one fortnight else we shall be necessitated to be aâ— blows with him continually not that he can do any harm here but he will mightily trouble us whilst greater business should go forward I desire to know whether were executed after his pardon My Lord if I be taken the second time it shall be much against my will especially by those that were themselves my friends As soon as I have dispatched here I shall attend you to know your commands to Your most humble and affectionate servant Iohn Hotham Hull June 28. 1643. If you please to exchange Captain Wray for Major Sanderson I shall send to you And so on Tuesday 23. Decemb. had Sentence also to have his Head cut off The Execution of the Father Sir Iohn Hotham was Ordered to be the 31. of Decemb. upon Tower Hill and a multitude of people assembled where the Scaffold his Coffin the Executioner and all things in readinesse but about eleven a clock in his way from the Tower a Messenger came galloping with his Reprieve from the House of Lords till Saturday Ianu. 4. The Commons House conceived their Priviledge hereby thwarted and forthwith Ordered That no Officer or Minister of Iustice established by both Houses of Parliament shall hereafter staie Execution of Iustice upon any particular Order or Reprieve from either House without the concurrence of both Houses And sent to the Lieutenant of the Tower to Execute Sir Iohn on Thursday next the second of Ianuarie His Son Captain Hotham suffered the first of Ianu. although he Petitioned both Houses for mercy Fine or Banishment there acknowledging his Guilt with great Reluctancy Yet at the Scaffold speaking of his great Services to the Parliament concluded That he knew no matter of Treason by himself or his distressed Father against the Parliament and in many particulars arraigned the Proceedings of Parliament in a high measure And so had his head chopt off at a blow But the next day lest Sir Iohn should talk so too Mr. Peters the Preacher told the People that Sir Iohn had in his Chamber fully discovered his mind to him and so had the lesse to speak to them which was that he was ungrateful but he hoped that God had forgiven him But Mr. Peters went on and told the people that at Sir Iohn's first going out to be a Souldier at the Battle of Prague his Father should say to him Son when the Crown of England lies at stake you will have fighting enough The people muttered had he taken his Fathers meaning and fought for the Crown he had not been here to dye this day But Mr. Peters would needs have him sing the Psalm usually offered at Tyburn which poor Man he did but to a heavy Tune and so had his Head cut off also at a blow A couple of unfortunate creatures subject to the censure of each adverse party as having offended both Yet much pittied by the One against whom their Crimes were in comparison unpardonable and had their Punishment by Sentence of the Other to whose Service they might justly challenge a merit Apostates they were to the King and Parliament both and yet suffered for the lesse Offence which the King thus observes upon his repulse at Hull and their Fate that followed My repulse at Hull sayes the King seemed at the first view an act of so rude disloyaltie that my greatest enemies had scarce confidence enough to abett or own it It was the first overâ— Essaie to be made how patiently I could bear the losse of my Kingdoms God knows it affected me more with shame and sorrow for others then with anger for my self nor did the affront done to me trouble me so much as their sin which admitted no colour or excuse I was resolved how to bear this and much more with patience but I fore-saw they could hardly contain themselves within the compass of this one unworthy act who had effronterie enough to commit or countenance it This was but the hand of that cloud which was soon after to overspread the whole Kingdom and cast all into disorder and darkness For 't is among the wicked Maxims of bold and disloyal undertakers That bad actions must alwayes be seconded with worse and rather not be begun then not carried on for they think the retreat more dangerous then the assault and hate repentance more then perseverance in a fault This gave me to see clearly through all the pious disguises and soft palliations of some men whose words were sometime smoother then oil but now I saw they would prove very swords Against which I having as yet no defence but that of a good Conscience thought it my best policie with patience to bear what I could not remedie And in this I thank God I had the better of Hotham that no disdain or emotion of passion transported me by the
fit for a Kings use because submitting to the regret of the peoples hate and had no doubt abilities to have ballanced affairs to the better had not his Assassination left things loose in the very time that he endeavoured to fasten them These grievances such as they were murmured into common knowledge made the Multitude most averse to supply the Kings necessities and his Instruments of Invention seeking thereby their own ends to advance the Prâ—sbyterian Faction by a discontented bussle put the King upon the most regretful wayes that proved his ruine Of Scotland But to heighten these Differences the Scots are called home from foreign parts and flocking to the English Court upon large expence their former begging trade almost out of use began confederacie with the English Puritan and Presbyter crying out upon the Queen and Popery some advantages they finde ready fitted to hand the busie Arch-bishop who must in this time of high discontent press a full conformity of their Kirk in Scotland with the English Discipline which occasioned the Commons and cunning Lords of both Nations to combine watching such a conjuncture of time and state that should force the King in to the Parliamentary way which they effected mightily insisting upon their Priviledges enlarged by former favour of Soveraigns specially of Queen Eliâ—â—beth whose interest lay couched in the Mad-headed Multitude lately become loose by sundry Laws which gave them equality with the Peerage and now cry out for liberty And so we shall enter upon some Observations in reference to their first Actors on their own Stage It is observable that upon the change of Soveraignty a Mutability and alteration of men and manners to follow The former Councellors and Favourites of State to decline yielding or overpowred with the Factions and Complots of such as seek to set up themselves with others ruine as in England so in Scotland The Earl of Niddisdale married into the Kindred of the Duke of Buckingham took to Faction the Earl of Mentith of the Ancient Noble Family of Grahames their Spirit was preserved in him but the Estate decayed in them all only Sir Iames Grahame I remember of some credit heretofore with King Iames applyed his policy then in spite to Somerset for the Induction of the Favourite Villiers buoy'd up by the Scots upon his score who had interest with that Duke ever after his noble 〈◊〉 and perfect character never ingratefull Another was Sir William Alexander of Menstrie and but Master of Requests for Scots Affairs yet great enough to bear up with any the most ambitious who with pâ—rsons some Bishops of their own and others of such like humours advised a general Revocation of things passed heretofore partly in minority of Princes in prejudice to the Crown a course most usual just and reasonable with the Kings Predecessors and yet now become grievous for great men to part with Grounded no doubt and that Legally upon former Revocations after dissolution of the Popish Religion and so annexed to the Crown but it was at this time done with all moderation and in effect for ease to the Gentry and the Ministery who of all proved most ingrate Another Symptome of discontent proceeded from men of the Noblest extraction Lords of the Erection or Laicks or as in England Impropriators who usually abused their gathering in of their Tithes against whom Petitions were frequent from almost all the Ministers and Gentry and their Farmers for their oppression in matters of Tithes none having power to carry away his nine parts or any part untill the Proprietary have set out his tenth part The Ministers likewise received no Tithes or but a poor pittance or stipend and so in dependence of such Patrons upon all occasions of Faction good or bad A necessary considered in point of State also That all those Ministers and others that pay Tithes the greatest part of the people should depend on the Nobility or Laick persons upon which reasons for reformation there issued out Commissions to sundry the Prime of Estates and Degrees the very offenders not omitted and called Commissioners of Surrenders of Superiority and Tithes the effect accordingly rendred a due and equal amendment of evill manners and freedom from that bondage and so acknowledged from all Nor were the Patrons displeased in point of profit as it was ordered only they were curbed of their usurpation in their Powers and Superiority over the people and therefore to deceive them it was bruited abroad as a design of the Bishops and struck at the Liberty of Religion Other complaints were fram'd against the Dependants and Favourites of the Lords of Session obstructing the equality of Justice Three of the chiefest Earls Hadington Lidsdale and Southeck led the way of surrendring their Patents from King Iames ad vitaâ— vel culpam and all others Patents were reformed durante beneplâ—citâ— Regis Yet see the ingenuity and grace of the King the last two Earls continued Privy Councellors And Hadington removed from the place of Secretary was rewarded with the custody of the Privy-seal of more honour but less gain And which angered them all Sir William Alexander made a Lord and soon after Secretary of State yet still to stop the mouth of malice Hadington had half the benefit of the signet Mentith made President of the Council a new Office in that Nation which formerly resided in 〈◊〉 Chancellour and afterwards created Earl of Stratherne These Mutations gave the first motions of discontent and proceed to Mutiny for Niddesdale comes thither with Commission of Grievance framed at Court to be setled in form of the English Star-chamber intentionally to raise fines from offenders for the Kings use which Niddesdale meant to beg to pay his debts A design effectually ruinous only to great men notorious oppressors But the Earls of Kinnoul Chancellor Marr Treasurer and old Hadington Privy-seal having continual intelligence out of the Kings Bed-chamber the most Scotch-men his own servants therein from first and last fatal Informers of all his secrets so moved their Faction and Friends armed with Scots Pistols and Whinyards their Mode in mutiny opposed Niddesdale to his teeth the very day of delivery of the Commission to be confirmed by the Council and old Hadington with his Hanger a man now of the Gown in the head of the Rout Niddesdale was fairly enforced to steal away by a back Postern and posted to England with his Commission in his Cloak-bag This the first fatal opposition to Soveraignty and Justice and the first foil which was never removed to the last of the Kings life Alexander also made an Earl unable to execute his Office of Secretary was contented to have assistance of another the manner of England Sir Archibald Attchison a Judge in Ireland his intimate friend but of such an unquiet Spirit as from his first Accession gave fuel to all those after Seditions Upon the surrenders of Superiority and Tythes Sir Iohn Stewart of Traham amongst others was deputed by the Gentry
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
into one Opinion that thereby no reason given to the House their Restraint was an Arrest of the whole Body and a breach of Priviledge must needs follow which was so remonstrated to the King and they therefore released But what ground â—r Presidents had the Judges a late law of their own making for it is well observed That in the Parliament 35. Eliz. Sr. Peter Wentworth and Sr. Henry Bromley by petition to the Upper House to be supplicants with them of the Lower House unto her Majesty for entailing the succession of the Crown the Bill being drawn by them These two were summoned before Sr. Thomas Henage one of the Privy Councel and commanded to forbear the Parliament and to stand secured to their Lodgings and after further examination before the Councel were committed Wentworth to the Tower Bromley and other Courtiers to the Fleet. Another instance Mr. Morice Attorny of the Dutchy of Lancaster for moving against the justice of the Courts of Ecclesiastical Iudges Subscriptions and Oaths was taken out of the House so saith another Authour and committed to Prison for whose release Mr. Wroth humbly moved the House to be petitioners to her Majesty But was answered That the Queen must not accompt for actions of Royal Authority which may be of high and dangerous consequence nor can it become them to search into the Prerogative of Soveraigns These Members were five in all and might have been Precedents for the King and his five Members in due place hereafter But this course now taught the Lords to resent the like indignity to them in the Earl of Arundels case who lay committed to the Tower as before said and so they would sit still without motion to any matter till that he might be reâ—admitted which was instantly done To ballance with the Dukes Enemies Three Persons his confederates were made Barons to compeer in the Lords House the Lord Mandevil the eldest son to the Earl of Manchester created by Patent Baron Kimbolton Grandison son to the created Baron Imbercourt and Sr. Dudly Carlton made Baron Tregate being newly returned from his Trade of seven years Leiger Ambassadour abroad in Venice and Holland But it is said That the Lords found out an Old Order to Counter checque that designe That no Creations sedente Parliamento should have power to vote but onely to sit Not to Iudge but to learn to understand during that Session so that their Suffrages were excluded But I am assured of the contrary for they sate and voted Hence it is truly observed That in the late Parliament 1640. Seymor Littleton and Capel were so created sedente Parliamento and Digby Rich and Howard of Charlton called by special Writ were also admitted their votes and afterwards the last of the nineteen Propositions to the King at York for the King to passe a Bill to restrain Peers made hereafter to sit and vote in Parliament unlesse with consent of both Houses To which the King absolutely refused But however they were admitted the Duke was put to his own Innocency partially stiled impudency and lodges injustice on the Peers whose ill opinion he sayes deprest him and partial affection elevated the other who received the Attornies charge with undaunted spirit and returned so home an Answer as the House was amply satisfied of which take his own so saying for we hear not a word more nor other of it than that he saies so But the Dukes defence came quick to the Lords the eighth of Iune Who he sayes sequestered him from the House until his cause was determined upon which he was much dejected when really of himself he had forbore the House And therefore this morning had resolved to send it but was advised to present it himself which we shall finde to this purpose The Commons Impeachment and Declaration against the Duke of Buckingham FOr the speâ—dy redresse of the great evils and mischiefs and of the chief causes of those evils and mischiefs which this Kingdom of England now grievously suffereth and of late years hath suffered and to the Honour and Safety of our Soveraign Lord the KING and of his Crown and dignities and to the good and welfare of his people the Commons in this present Parliament by the authority of our said Soveraign Lord the King assembled do by this their Bill shew and declare against GEORGE Duke Marquesse and Earl of Buckingham Earl of Coventry Viscount Villers Baron of Whaddon great Admirall of the Kingdoms of ENGLAND and Ireland and of the principalitie of Wales and of the Dominions and Islands of the same of the Town of Calais and of the Marches of the same and of Normandy Gascoigne and Guyen Generall Governour of the Seas and Ships of the said Kingdoms Lieutenant Generall Admirall Captain Generall and Governour of his Majesties Royall Fleet and Army lately set forth Master of the Horses of our Soveraign Lord the King Lord Waâ—den Chancellour and Admirall of the Cinque-ports and of the Members thereof Constable of Dover Castle Iustice in Eyre of all Forests and Chaces on this side of the River of Trent Constable of the Castle of Windsor Lieutenant of Middlesex and Buckingham-shire Steward and Bailiffe of Westminster Gentleman of his Bed-chamber and one of his Majesties honourable Frivie Councel in his Realms both of England Scotland and Ireland and Knight of the most noble order of the Garter The Misdemeanors Misprisions Offences Crimes and other matters comprised in the Articles following And him the said Duke do accuse and impeach of the the said Misdemeanors Misprisions Offences and Crimes ARTIC I. The Duke 's 1. Reply THat he the said Duke being young and unexperienced hath of late years with exorbitant ambition and for his own advantage procured and engrossed into his own hands severall great Offices both to the danger â—f the State and prejudice of that Service which should have been performed in them and to the discouragement of others who are thereby precluded from such hopes as their virtues abilities and publique employments might otherwise have obtained THat his late Majesty did of his own Royal Motion bestow them upon him and he hopeth and concieveth he may without blame recieve what his bountiful Master conferred upon him if the Common-wealth doth not suffer thereby Nor is it without precedents that men eminent in the esteem of their Soveraign have held as great and many Offices as himself But if it shall be proved that he falsely or corruptly hath executed those Offices he is and will be ready to resign them with his life and fortunes to his Majesties dispose II. Reply 2. That in the 16. year of the Reign of the late King he did give and pay to the then Earl of Nottingham for the Office of Great Admiral of England and Ireland and of the principality of Wales and Generall Governour of the Seas and Ships of the said Kingdomes and for the surrender of the said Offices to the intent the said Duke might
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
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
fire-coales into a flame the French being then upon a War with Spain and the Cardinal a great Statist knew that Englands best policy was ever to side with the weakest to ballance the biggest power neither of them to increase above the measure of moderation To that end Monsieur Montril was sent Emissary and Agent to work out the Design in England and Scotland as may appear by the Scots Letter to the French King as hereafter follows and that they had great incouragement from Richelieu but what assistance under hand I could never finde out fair promises and no doubt never to engage against them But Balmerino his great Enemy the Earl of Kinnol Lord Chancellour of Scotland took his leave of this life and left his Office to Spotswood Son to the first Superintendent formerly Arch-bishop of Glasgow and now Arch-bishop of St. Andrews aged above sixty years a learned moderate wise man as by his History appears the first of his Coat since the Reformation of that Dignity and that for the great advantage of the Church if rightly apprehended without that mistaken Vote never known before for three hundred years a Clergy-man to bear that Dignity I shall remember those that were Andrew Foreman 15 Iac. 4. James Stuart Brother to James the fourth James Beaton 10 Jac. 5. and Queen Maries Reign David Beaton Cardinal succeeded him Jo Hamilton Brother to the Duke of Chattleheralt was the last of the Popish Bishops and many more before those and all of them Arch-bishops of St. Andrews and Chancellours Then there were Willam Lowater anno 1412. Andrew Foreman Iac. 4. Gawin Dunbar Praeceptor to James 5 and after him James Beaton And these following were Arch-bishops of Glasgow and Chancellours Adam and Patrick Bishops of Brocher Chancellours annis 1360 1370. Thomas Spence Bishop of Galloway and Chancellour to Jac. 2. William Elphinston Bishop of Aberdene Chancellour to Jac. 3. Indeed in Scotland heretofore Justice was perâ—ormed by Itinerarie Courts like to the Judicature of Courts in England fifteen Judges in all seven Churchmen and seven Laymen and the President also a Churchman and the best offices of State were formerly in Bishops and Abbots which gave them abilities in purse to perform those great and pious works of charity honour and common benefit Abbies Churches Hospitals Bridges Causewayes and the like all Acts of the Clergy heretofore which now their successours destroy Death indeed was more indifferent with two Great Ones in England two Eminent Men of several factions the One Sr. Richard Weston Earl of Portland Lord High Treasurer of England the Kings great Favourite for his Abilities at this time the more useful in promoting Prerogatives and all advantages of raising money with some regret of the Commons for such services His place was therefore for the present put under power of Commissioners for some time after The other was Sr. Edward Cook a Common Lawyer and so bred up himself to please the people Increasing esteem on that score from his first rise Queen Elizabeths Attorney General chief Iustice of the Kings Bench under King Iames where he lost himself by too much liberty of Eloquence or Impudence and removed from that Court to his Countrey retirement in the County of Buckingham made high Sheriff to humble him towards this King with a clause in his Commission to avoyd his Election of being a Burgesse in Parliament of which he was the more ambitious because thereby the better able to shew his Enmity but he got it in Norfolk his birth-place and he a Law-wrangler was voted legally chosen notwithstanding his Commission of Restraint We may not forget the Affairs of Germany the Swede having a continued confederacy with the protestant Princes and the French assistance against the Emperour and Spain for although they fought and treated for a conjunction Duke Barnard had been so often bafled by former promises of Wallestien before his Murther that now he trusted to fair words no longer And the good Duke Francis Albert of Saxony Leumburgh the Instrument chosen to tye these two different dispositions into a Ligament was not his crafts master but was carried prisoner for many years to Vienna The King of Hungary for the Imperial party having cured the Army with good gold after the disorder of Wallestiens murther and taken new Oath of the souldiers when News came to his camp of a notable victory gotten by Arnem upon the Imperialists in Silesia and of his marching towards Prague whither the King sent so strong a supply Arnem was constrained to retire into Saxony at the same time that the Town of Ratisbone was regained for the Emperour in Iuly the brave and famous General Aldring being slain a little before at Lanshut He was of Luxenburgh obâ—curely born whose virtues and valour had raised thus high and eminent in many battels against Iohn de Wiert with successe And the businesse Military in Germany requiring all assistance for the Emperour against such a confederacy of friends Thither comes the Cardinal Infanto from Milan with the old Spanish Italian and Burgundian Bands through all Switâ—zerland soon reforming the riotous Swedes by their example into a true Military Discipline These forces joyning with the Imperialists marched into the Duchy of Weitemburgh but first must passe the fiery Tryal of a strong Town Norlington The Swedes and their Allies are likewise summoned together from all parts Horn joyns with Duke Barnard and advises to spare the Enemy a Town or two than to hazzard the publicque cause But the Duke would fight for it and designed the day the sixth of September and the rather because some private offer had been for Overtures of a Peace which the Swedes took for a good Augure what ere it presaged It procured to both Armies the most horred bloody fight that had been between Christians To the Protestants party were already arrived the forces of the Duke of Weitemburgh the Lantgrave of Hassia and Count Cratz He who was for Bavaria and should have betrayed Ingolstade to the Enemy and so being discovered was fled hither wanting none but the Rhingrave and his four thousand men The fight began early the most furious first shock was for a Hillock the storming of a mined fort lost many of the Swedes Infantry The Canon hidden behinde some bushes did mighty Execution also and the Swedes constrained to fly and their Cavalry pursued by the Duke of Lorain and Iohn de Wiert were utterly defeated eighty pieces of Canon three hundred colours and twelve thousand men slain and six thousand prisoners amongst whom that brave man Gustave Horn Nobly received by the King The fruit of this Battel began a peace short and sweet onely to let that miserable Countrey taste of the blessing which lasted not long when the revenger of blood opens the veins to let out more evil fumes This Victory might answer for their Eminent successe heretofore at Leipsick and Lutzen and as the Swedes did then so does
their practices provoking Aspersions upon the most gracious and best of Kings that he levels at none in particular let the faults lead to the men not to be exposed to irregular prejudices nor with-held from orderly justice Bodies natural to be effectually purged of Humours must be made moveable and fluid so of the Politick to be cleared of their Maladies by loosening and unsettling the evil Ministers and to be drawn into a Remonstrance and presented to a gracious Masters clear and excellent judgment And so he sat down This was held too courtly and which was suddenly laid hold on A forward young man well made up with Learning and by his Fathers fate kept aloof from the Beam of Sovereignty a little Sun-shine would enliven him some Marks of Majesty fell from the Queen which taken up tainted him presently after and in him his Father also now made Friends whom the King took also into favour The King to keep the City from Tumult and to prevent the Insolencies of busie and loose People had established a Constable of the Tower of London Supreme to the Lieutenant under command of the Lord Cottington enabling it with a Garrison also of four hundred Souldiers and with some shew of Fortification thereof at this very time when some publick notice was given to the Parliament of an extraordinary confluence of Popish Recusants in and about the City of London and Westminster and therefore to take away all Jealousies of conniving with them or other Fears of over-mastering the City he was pleased to send a Message to the Parliament that by Proclamation the Papists shall be instantly removed to their places of abode with prosecution also against their persons disarming their power according to Law And as for the Tower he erected the Government by a Constable and Garrison in favour to the peace of the City but is now resolved to leave the Tower to the command of a Lieutenant onely as hath been heretofore And in the afternoon came out an Order of the Commons House that all Projectours and unlawfull Monopolists that have or had lately any benefit from Monopolies or countenanced or issued out any Warrants in favour of them against Non-conformists to Proclamations or Commands concerning their Interests shall be disabled to sit in the House and Master Speaker is to issue out new Warrants for electing other Members in their places Whereupon it was notoriously observed how vacant their Rooms were upon the self-accusation of their own guilt who but lately framed speeches against others abroad who lodged under the Parliament lash for such Crimes The next day complaint was made to the Lords that their Privileges were infringed by the search of the Earl of Warwick and the Lord Brooks their Pockets Cabinets and Studies upon the Dissolution of the last Parliament And Sir William Beecher one of the Clerks of the Council being the Instrument alleged for his Excuse the command of the two Secretaries of State which could not protect him from Commitment to the Fleet Prison The Commons House intent upon publick justice sent Master Pym to the Lords with a Message the Impeachment of Thomas Earl of Strafford Lord Lieutenant of Ireland as guilty of High Treason Whereupon he was sequestred from the House and committed to the Usher of the Black Rod and Sir George Ratcliff his Confederate and supposed Criminary with him was two days after sent for out of Ireland by a Serjeant at Arms. And here we cannot pass by many wise mens opinions whether the Earl assumed his wonted judgment and courage when he came from the Army to this Parliament His wisdom could not chuse but know that the Scots and Scotizing English had infallibly resolved his destruction his innocency to be no Armour of Proof against Malice and Power why did he not rather keep under safeguard of the English Army at his command from which he had got much affection or have passed over into Ireland the Army there also at his devotion or in plain terms have taken Sanctuary into some foreign parts till fair weather might have invited him home whether it had been a betraying of his Innocency to decline the Trial where Partiality held the Beam of the Scales and self-ends backedâ— with power and made blinde with prejudice were like to over-ballance Justice that if Sentence should have passed against him for Non-appearance yet had he kept his Freedom till better times and have done his Master better service abroad than in Council at White-hall But on the other side it was said that all these Considerations had been pondered before he came from the Army even by the way where met him a Iunto of his confident Friends and then it was averred that he had gained in the North certain evidence that the Scots Army came in by Invitation a Confederacy between the Heads of the Covenanters and some of the English Parliament-members of both Houses his most deadly Enemies to subvert the Government of the Church and to innovate in that of the Civil State that therefore he himself had digested his Intelligence into the Form of an Impeachment which he intended to have offered to the House of Peers so soon as he had taken his place there There were his Reasons which he might have from Example of the Earl of Bristow who yet came too late to begin upon his grand Enemy the Duke of Buckingham in the like charge but then Bristow was ready at the instant to recriminate upon the Duke by an Impeachment of High Treason against him which took off the Dukes edg ever after But here Strafford was not so nimble as Master Pym who got the start and it seems the Earl failed of his former purpose which had he seconded by an after timely stroke and impeached them and prosecuted it in a reasonable pace and method as was afforded him it might have happened not so fatal to his utter ruine And the Commons speeding thus far it encouraged them no doubt to fall upon others in the same track with the Arch-bishop few Moneths after In this time the two Armies were heavy charge to the Counties where they quartered therefore the twelfth of November the Parliament borrow of the City of London an hundred thousand pounds upon interest and ingagement of the credit of some of the Members untill the Moneys might be levied upon Subsidies and so to repay them Munday the sixteenth of November upon the humble suit of the House of Lords to his Majesty the Lord Bishop of Lincoln was released out of the Tower and the next Day being assigned for Humiliation he was brought into the Abbey Church by four Bishops and did his Office as Dean of Westminster before the Lords Never wise-man so gulled into the false shew of true affection from Lords and Commons and so continued till their turns were served upon the Earl of Strafford and the Arch Bishop of Canterbury he became the spectacle of
scorn and the most hated man of all the Hierarchy where his turn came to be last devoured after he had eaten up some of his brethren The Earl of Strafford though in durance yet found friends abroad very active to serve him and accordingly it was the nineteenth day moved First That he might be bailed by divers Lords who offered caution But it was answered by the Lord Paget that it was against the Laws of the Land and the priviledge of the House and so passed the Major votes not to be admitted But was assigned Council and a solicitor in reguard of his restraint The one and twentieth one Iohn Iames son of Sir Henry Iames of Feversham in Kent a Romish Catholique stabbed Mr. Howard a Justice of peace of Westminster in Westminster-hall not unto death which was attempted because Mr. Howard had drawn a Catalogue of such Recusants as were within the Liberties of Westminster which he was to deliver up to the Committee of Religion for which fact Iames was secretly punished The eight and twentieth Mr. Pryn and Mr. Burton were conducted into London from their several Prisons in great pomp by many thousands of horse and foot with Rosemary and Bayes in their caps in despight and defiance of the course of Justice which had sentenced them and the third of December they presented their Petitions to the House of Commons for dammage against their Prosecutors This Parliament of Inquisition began to appear terrible to all that lodged but under suspition of guilt but insufferable to the conscience condemning which Sir Francis Windebank Secretary of State not able to bear having been questioned and mainly convinced for reprieving Iesuites and Priests and of worse matters suspected guilty got over into France where he remained to his death a professed Roman Catholique The seventh day unanimously in the Commons House was voted 1. That the Charge imposed upon the Subject for the providing and furnishing of Ships and the Assessments for raising moneys for that purpose commonly called Ship-mony are against the Laws of the Realm the Subjects right and property contrary to former resolutions in Parliament and the Petition of Right 2. That the extrajudicial opinion of the Iudges published in the Star-chamber and enrolled in the Courts of Westminster are in the whole and every part of them against the Laws of the Realm c. ut prius 3. That the writs commonly called Ship writs are against the Laws of the Realm c. ut pius 4. That the Iudgment in the Exchequer in Mr. Hamdens case is as to the matter and substance thereof against the Laws of the Realm c. ut prius And so was it voted in the House of Lords And the next day a Committe was appointed to draw up a charge of High Treason against such as had been abetters therein the Lord Keeper Finch and the rest of the Iudges But though the Parliament was thus severe against the legality of Ship-mony yet it is observed that amongst the best Lawyers the matter was justifiable ascribing much to the Judgment of that learned Lawer Mr. Noy who first preferred it Secondly All the Judges subscribing to it in time of danger of which danger the King was declared to be Judge Thirdly And being argued in the Courts of Justice and by all the Judges in the Exchequers Chamber it was definitively sentenced for the King 4. Nor was it voted down by Parliament but in a meer arbitrary way without review or Council heard as the Judges reason of their opinion so much as required 5. And yet the arguments of the two Justices Crock and Hutton for the Illegallity was by vote of the house of Commons put in print but the opinion of the other eight Judges which were for the legality of it continue suppressed which gave most men occasion to conceive the greater reason in those arguments which were kept in the dark 6. And in all this design to vote it down the Parliament was fain to have recourse to the King and to crave an act of Parliament to secure them from it for the future and to countenance their cause the Judges were impeached in order to the pretext not merit of punishment And now the eleventh of December Alderman Lack-land or Pennington with some hundred at his heels a rable of petty Shop-keepers and Prentices presented their Citizens Petition subscribed by fifteen thousand pittifully perplexed at the Ecclesiastical Discipline and sundry Ceremonies of the Church of England which was wholly debarred but was transmitted till a cooler time And because it was thought sit to strike while the Iron was hot this Petition ushering in much worke of Reformation It was thought convenient to condemn the illegallity of the proceedings in the late Convocation and their Canons which being canvased on both sides the houses and all of one party few Arguments need to be urged where the prevailing sence of the House opposed and so resolved the fifteenth of December That the Clergy in a synod or Convocation hath no power to make Canons Constitutions or Laws to bind either Layity or Clergie without a Parliament And first next day that the Canons are against the fundamental Laws of this Realm against the Kings Prerogative Propriety of the Subject the Right of Parliaments and do tend to Faction and Sedition This Parliamentary Doctrine was but now newly known Convocations never before depending on Parliaments but either in calling or dissolving confirming or authorising the Acts thereof but onely on the King himself not in Parliament neither but in his Palace and this seems to be proved by the Statute 26 Henry 8. and the constant practice ever since And for the Canons before they were subscribed they were imparted to the King and by him communicated to the Lords of the Privy Council the Iudges the learned Council then attending and were read and approved without any thing therein tending to Faction and Sedition or to the prejudice of the Subjects propriety or the Kings Prerogative or the Laws of the Land yet the Parliament frame a Bill for fining all the Clergie of that Convocation keeping them in such aw as none did appear in maintenance of their Authority or in opposing those Incroachments and Innovations which daily were introduced upon them And as to the Civil Iudges for case of Ship-money so the Parliament proceed with the Ecclesiastick Arch-bishop of Canterbury against whom they form a Committee to draw up a Charge against him as the Framer of these Canons and for other supposed Delinquencies aggravated by the Scots adjoyning him with the Earl of Strafford in their grand Accusation as an Incendiary in this National Difference promising to bring in their Complaint but in the mean time Master Hollis on Friday is sent up with the Impeachment and is seconded the same day with the Charge of the Scots Commissioners upon the reading whereof he was committed to the custody of the Black Rod
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
and losses of all sorts of persons and besides other extraordinary charges hereafter mentioned we do according to our knowledge present to your Lordships the publicke charges and burdens under which the whole Countries do lie as followeth in the schedule annexed to the account viz. The account of the several Regiments that were first employed amounts to the sum of 72293. pound 15. shillings English mony For Artillery and Amunition at the same time the sum of 13388. pound 6. shillings 8. pence The fortifying of the Castle at Edinburgh and Floring some fortifications made in Bruntill and Inchgrave Kintire and Arrane the works and fortification made at Leith so much of the Accounts as came in at Whitsontide extends to the sum of 5399. l. 3. s. 4. d. We do pay for three tearms Annual thereof betwixt Whitsunday and Martinmas at 8. l. per cent extends the sum of 10809. l. 14. s. Item The souldiers of Fortune being compleatly from the first of September in the Regiment their accounts above written to the last of December being four moneths the sum of 8333. l. 6. s. 8. d. Item The number of them being 〈◊〉 by their comming home from that time to the fourth of May the sum of 10833. 1. 6. s. 8. d. Item For the battery at the Castle of Edinburgh ranning trenches Earth Deale and Dung fortification of Leith for reparation of the work and satisfaction for grounds gardens and houses demolished for making the fortification and tronches about the Castle the sum of 7166. l. 13. s. 4. d. Item For General Major Monro his Regiment from the first of March to the last of November the sum of 15000. l. Summa lateris 143223. l. 15. s. 8. d. Item For two small Regiments kept in Edinburgh consisting of 1200. men being listed in the end of March and were kept to the beginning of October the sum of 10500. l. Item For the pay of 400. foot that lay at Minrosse from the beginning to the last August of and for leavy money of 4. s. 6. d. 〈◊〉 the sum of 1920. l. 13. s. 4. d. Item For 60. horse that lay there in troops four moneths the sum of 816. l. 6. s. 8. d. Item Lievtenant Colonel Homes Regiment from the first of Aprill to the last of November 70500. l. Item The Earl of Argiles expedition in this year 3333. l. 6. s. 8. d. Item The Factors counts of Amunition and Arms this year the sum of 25000. l. Item The foot Army consisting between 22000. and 24000. men with 2500. horse was three moneths and an halfe at 40000. l. a moneth do extend to the sum of 140000. l. Item The Army being a moneth and an halfe the sum of 60000. l. Item Levy monies advanced to the footemen to bring them to the Randevous to some 2. s. to some 3. s. to some 5. s. as they lay in distance from their Randevous which was at the least to every footman over head 3. s. 4. d. the sum of 3646. l. 13. s. 4. d. Item Leavy to 2500. horsemen at 6. s. 8. d. apeece the sum of 833. l. 6. s. 8. d. Item For entertaining of souldiers at the Castle of Dumberton and upon Clyde making fortification at both places the sum of 30343. l. 6. s. 8. d. Item The Earl of Marshall his Regiment the sum of 30333. l. 6. s. 8. d. Item My Lord Sincklars Regiment the sum of 10666. l. 13. s. 4. d. Summa lateris 266904. l. 13. s. 4. d. Item 65. ships given up in the list besides many others not yet come to our knowledge which with the loading and loss they had by want of trade by nine moneths rest the sum of 52700. The delivery of the ships will abate so much of this as the ships are presently worth Item About five hundred Scotch-ships were stopped from trading by the English ships six or seven moneths the native commodities ordinarily to be exported were sold the third penny down of their value the prejudice thereof exceedeth that which we desire but do onely here set the sum 50000. l. Item For fortification made at Tantalam and a watch kept there and at the Basse and Linton Bridge the sum of 7000. l. Item For two ships sunk at Clyde to stop the passing of the English some having come in before and were valued at 600. l. Summa lateris 104000. The Kingdome of Scotland hath sustained divers other great burthens of this nature As first the particular charges sustained by the Nobility Gentry Burroughs of our Kingdome by reason of the great troubles and Armies which shall be made appear to be above 100000. l. Item the neglect and over-sight of their particular fortunes can be no less then the 100000. l. aforesaid besides expeditions in the North that â—ost above 1000. l. The stop of Trade was of prejudice to Scotland above 50000. l. 18000. l. a moneth will not defray the charge of our Armies at New-Castle and in Scotland besides the 850. l. per diem which we receive from the Nothern parts and Counties There was furnished by the Several Shires of the Kingdome 2000. Baggots horses for carrying victuals to the Souldiers they sent out And about a thousand were bought for carrying the Commanders baggage of which above 1000. have been lost in England and have perished in the journey and of 500. horse and 100. oxen for the Common the half is also lost which loss will amount to above 6500. 1. Many of the 2500. troop horse cost at the several prices by the Shires and will lose of them partly by death and partly by decay above 5500. 1. Sum of the last 271500. l. So then their charges amount unto 514128. l. 9. s. their losses unto 271500. l. Besides their charity to us in other abatements Whereupon the English Commissioners in much amazement demanded of the Scotish Whether this be a positive Account or whether rather an intimation of the Charges there to induce the Kingdom of England to take your distressed estate into consideration and to afford you some friendly assistance the eighth of Ianuary 1640. They answer We could be no less willing to undergo the Loss if we had been ready to undergo the hazzard but because the burthen of the whole charge doth far exceed our strength we have as is more fully contained in our Papers presented to your Lordships our Charges and Losses Not intending to demand a total Reparation but in some measure â—ear the Remnant which we conceive your Lordships having considered our Reasons to be a matter not of our covetousness but of the justice and kindness of the Kingdom of England the ninth of January 1640. per Adam Blayr And some of the Commons House their Favourites conceived their Demands not unreasonable But Sir Benjamin Ruddier gave his opinion to this effect Ianuary 22. Mr Speaker The prudent Endeavours of our Commissioners with the Scots probably have drawn near to a blessed Peace The King being graciously
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
fourteen days 5. That according to such his Declarations and Speeches the said Earl of Strafford did use and exercise a Power above and against and to the subversion of the Fundamental Laws and stablished Government of the said Realm of Ireland extending such his Power to the Goods Free-holds Inheritances Liberties and Lives of his Majesties Subjects of the said Realm viz. the said Earl of Strafford the twelfth day of December Anno Domini 1635. in the time of full peace did in the said Realm of Ireland give and procure to be given against the Lord Mount Norris then and yet a Peer of Ireland and then Vice-Treasurer and Receiver-general of the Realm of Ireland and one of the principal Secretaries of State and Keeper of the Privy Signet of the said Kingdom a Sentence of Death by a Council of War called together by the said Earl of Strafford without any warrant or authority of Law or offence deserving any such punishment And he the said Earl did also at Dublin within the said Realm of Ireland in the Moneth of March in the fourteenth Year of his Majesties Reign without any legal or due proceedings or trial give or cause to be given a Sentence of Death against one other of his Majesties Subjects whose name is yet unknown and caused him to be put to death in execution of the said Sentence The Earls Reply That there was then a standing Army in Ireland and Armies cannot be governed but by Martial Law that it hath been put in constant practice with former Deputies that had the Sentence been unjustly given by him the Crime could amount but to Felony at most for which he hoped he might as well expect Pardon from his Majesty as the Lord Conway and Sir Iacob Astley had for doing the like in the late Northern Army That he neither gave Sentence nor procured it against the Lord Mount Norris but onely desired justice against the Lord for some Affront done to him as he was Deputy of Ireland That the said Lord was judged by a Council of War wherein he sate bare all the time and gave no Suffrage against him that also to evidence himself a Party he caused his Brother Sir George Wentworth in regard of the nearness of Bloud to decline all acting in the Process Lastly though the Lord Mount Norris justly deserved to dy yet he obtained his Pardon from the King 6. That the said Earl of Strafford without any lâ—gal proceedings and upon a Paper-petition of Richard Rolstone did cause the said Lord Mount Norris to be disseised and put out of possession of his Free-hold and Inheritance of his Manour of Tymore in the County of Armagh in the Kingdom of Ireland the said Lord Mount Norris having been two Years before in quiet possession thereof The Earls Reply That he conceived the Lord Mount Norris was legally divested of his Possessions there being a Suit long depending in Chancery and the Plaintiff complaining of Delay he upon the Complainants Petition called unto him the Master of the Rolls Lord Chancellour and Lord Chief Justice of the Common-Pleas and upon Proofs in Chancery decreed for the Plaintiff Wherein he said he did no more than what other Deputies had done before him 7. That the said Earl of Strafford in the Term of Holy Trinity in the thirteenth Year of his now Majesties Reign did cause a case commonly called the Case of Tenures upon defective Tiâ—les to be made and drawn up without any Iury or Trial or other legal Process and without the consent of Parties and did then procure the Iudges of the said Realm of Ireland to deliver their Opinions and Resolutions to that Case and by colour of such Opinions did without any legal proceeding cause Thomas Lord Dillon a Peer of the said Realm of Ireland to be put out of possession of divers Lands and Tenements being his Free-hold in the County of Mago and Rosecomen in the said Kingdom and divers others of his Majesties Subjects to be also put out of possession and disseised of their Free-hold by colour of the same resolution without legal proceedings whereby many hundreds of his Majesties Subjects were undone and their Families â—tterly rained The Earls Reply That the Lord Dillon with others producing his Patent according to a Proclamation on the behalf of his Majesty the said Patent was questionable upon which a Case was drawn and argued by Council and the Judges delivered their Opinions But the Lord Dillon or any other was not bound thereby nor put out of their Possessions but might have traverst the Office or otherwise have legally proceeded notwithstanding the said Opinion 8. That the said Earl of Strafford upon a Petition exhibited in October 1635. by Thomas Hibbots against Dame Mary Hibbots widow to him the said Earl of Strafford recommended the said Petition to the Counsel Table of Ireland where the most part of the Counsel gave their vote and opinion for the said Lady but the said Earl finding fault herewith caused an order to be entered against the said Lady and threatned her that if she refused to submit thereunto he would imprison her and fine her five hundred pound that if she continued obstinate he would continue her imprisonment and double her fine every month by month whereof she was enforced to relinquish her estate in the Land questioned in the said Petition which shortly was conveyed to Sir Robert Meredeth to the use of the said Earl of Strafford And the said Earl in like manner did imprison divers others of his Majesties subjects upon pretence of disobedience to his orders and decrees and other illegal commands by him made for pretended debts titles of Lands and other causes in an arbitrary and extrajudicial course upon paper Petitions to him preferred and no other cause legally depending The Earls Reply That true it is he had voted against the Lady Hibbots and thought he had reason so to do the said Lady being discovered by Fraud and Circumvention to have bargained for Lands of a great value for a small Sum. And he denied that the said Lands were after sold to his use or that the major part of the Council-board voted for the Lady the contrary appearing by the Sentence under the Hand of the Clerk of the Council which being true he might well threaten her with Commitment in case she disobeyed the said Order Lastly were it true that he were criminal therein yet were the Offeâ—ce but a Misdemeanour no Treason 9. That the said Earl of Strafford the 16. day of Feb. in the 12. year of his now Majesties reign assuming to himself a power above and against Law took upon him by a general Warrant under his hand to give power to the Lord Bishop of Down and Connor his Chancellor or Chancellors and their several officers thereto to be appointed to attach and arrest the Bodies of all such of the meaner and poorer sort who after citation should either refuse to appear before them or appearing should
And so the War was mannaged by the cursed Irish and also by the Parliamentaries Scots and English against the Kings party being commanded by his General the Marquess of Ormond alone to defend himself which could not last over long for the Kings Forces in England being defeated and the Irish Rebells straitning Dublin with a Siege thought it more honourable to surrender to the Parliaments Forces that and what ere the King held in Ireland than to suffer the Interest of the English and Protestants to fall under the power of the Irish and so retires himself But after the Kings Imprisonment in the Isle of Wight and no further address to him Ormond goes over again with new Instructions and dignified with the Title of the Lord Deputy of Ireland with intent to make the best Peace he could and so to associate the English Scots and Irish to him many English and Irish conjoyn and Inchequin also upon the Kings Death with Preston and Taff and the mindes of others remaining in suspence the Scots forbear hostility giving good hopes to unite with Ormond To counterpoise these the Governour of Dublin Colonel Jones for the Parliament are deprehended in the same Embraces with Owen Roe the Rebells General and so are associated together with their Forces which Ormond not able to suppress after many Encounters yielded up all that he possessed for the King and his succeeding party after and retired into foreign parts where he now remains Thus in brief the Particulars follow It is true that Sir William Cole upon bare apprehensions of something had writ a letter to the Lords Justices the eleventh of Octâ—ber of great resort to Sir Phelem Oneal in the County of Tirone as also to the Lord Mac Guire in the County of Formanagho that Mac-Guire had often journeyed into the pale was continually busied in Letters and dispatches And then afterwards Sir William Cole certified by Letters of the one and twentieth of October of what was revealed to him by several Irish viz. to seize upon the Castle of Dâ—blin to murder the Lords Justices and Council and Protestants there and so over all Kingdom But these Letters never came to their hands nor any warning till the Evening of the day of Rebellion When many of the Conspirators arrived at Dublin and the three and twentieth of October 1641. met at the Lion Tavern neer Copper Alley Owen O Conally a Gentleman of a meer Irish family but a true Protestant by long Conversation with the English addressed himself to the Lord Justice Parsons about nine a clock that night and made a broken relation of a great conspiracy to seize the Castle at Dublin giving him the names of them now come expressly for that purpose and to attempt it the next morning and that Hugh mac Mahon was one of them who had told him so much with whom he had been drinking and so distempered his Lordship gave the less belief However he commanded him to return to Mac mahon to get out more of the plot and not faile to return back that night to his Lordship who in the mean time with all possible speed and secrecie ordered strong Guards in every corner And about 10. a clock went to the Council with Barlace without the Town and Sir Thomas Rotheram and Sir Robert Meridith Chancellor of the Exchequer where expecting the return of Conally he was seized by the watch ready to be carried to prison to the hazzard of all had not a servant of the Lord Parsons rescued him and so was brought to the Council and somewhat recovered of his former distemper told this Tale. That he being at Monimore in the County of London Derrey on Tuesday he received a Letter from Colonel Hugh Oge Mac mahan to come to Conaught in the County of Monaghan and to be with him on Wednesday last whither he came accordingly but Hugh being gon to Dublin he followed him hither and came about six a clock this Evening and forthwith went to his Lodging found him there without the Town and â—oth together came to the Lodging of the Lord Mac Guire but he not at home they two returned back again Hugh telling him that this night great number of the Irish Noblemen Papists would arrive in Town who with himself would take the Castle by Morning then to force the City by the Ordinance and destroy all the Protestants and so divers others were ordered in all parts of the Kingdom to seize and destroy all the English at an houre designed viz. to morrow by ten a clock and that all possible posting or speed could not prevent it And Conally moved Hugh rather to discover it to the State to prevent the mischief but he answered he could not help it yet that they owned their Allegiance to the King and pay it to him but what they did was against the tyrannical Government over them and to imitate Scotland who got their priviledge by that course And Hugh swore that they would not part but go together to the Castle and if this matter were discovered some body should die for it whereupon Conally fained some necessity for his easement to go out of the chamber leaving his sword in pawn Hugh's Man comming down with him into the yard where in a trice he leaped over a wall and two pales and so came to the Lord Justice Parson Examined the two and twentieth of October 1641. Owen O Conally Hereupon The Justices instantly sent and seized Mac-Mohan and his Man who forthwith came to the Council and confessed all the plot That on that very day all the forts and Castles of Ireland would be surprized That he with the Lord Mac Guire Hugh Birn Captain Brian Oneale and others were come to surprize Dublin Castle and that twenty men of Each County were to meet here to joyn with them That all the Nobility and Gentry Papists were confederates impossible to be prevented and how ever they used him now in their power his blood would be revenged Then Mac Guire and others were suddainly seized on and the Town filling with strangers the Council removed into the Castle and by this time a rumor of something gave Items to Hugh Birn and Roger Moor chief of the conspirators who escaped over the River and so did Plunket and Fox but thirty others were taken of the meanest quality the chief Actors found friends enough in the Town to help their escape The next day The Lords Justices Proclaimed the discovery of a Disloyal and detestable Conspiracy intended by some evil affected Irish Papists against the lives of the Lords Justicâ—s and Council and others his Majesties faithful Subjects throughout this Kingdome c. We therefore require all good Subjects to betake themselves to their own defence c. And to advertise us with all speed of all occurents which may concern the peace of the Kingdome and we require that care be taken that no levies be made of men for foraign
and plenty comparatively in respect of their Neighbours but even of those times which were justly accounted Fortunate Their Fears and Jealousies he supposes may be either for Religion or Liberty and their civil Interests the Fears for Religion to be invaded by the Romish party by any favour or inclination to them he professes that as he hath been bred up and practised the Religion now here established and as he believes he can maintain the same by unanswerable Reasons so he is ready if need be to seal with his bloud Having always been as much to the evidence of his care and duty herein as he could tell possibly how to express And for matters indifferent in reference to tender consciences he will comply with the advice in Parliament being to be pursued with temper and submission not with bold licence of scandalous Pamphlets and seditious Sermons against him and his Government a fit Prologue to Confusion upon the very profession of this Religion in England Concerning the civil Liberties and Interests of Subjects His Princely care of the Subjects this Parliament in passing Laws so large and ample that many sober men can wish for no better He understood well the Right and pretences of Right which he parted from in the Bill Triennial for continuance also of this Parliament Bill of Tunnage and Poundage taking away High Commission and Star Chamber Courts and in a word all Doubts secured by the Triennial Parliament but he had rather his grace and favours might be valued in the hearts of his people than in any mention of his own If these Resolutions be the effects of his present Councils as he takes God to witness they are no ill Design can follow why should he and they suffer under Misunderstandings If he hath or shall be mistaken in his Election of them the particular shall be no sooner discovered to him than he will leave them to justice But if any shall under colour of this endeavour to lessen his Reputation and Interest and to weaken his lawfull power and Authority with his good Subjects and to loosen the Bonds of Governments and so all Disorder and Confusion break in upon us he doubts not that God in his due time will discover them If his Intentions be thus clear and his part to be fully performed and that the peoples quiet depends upon themselves and as he will observe the Laws himself so he will maintain them against any opposition though with the hazzard of his own being And he hopes not onely their Loyalty and good affection will concur with him in preserving a good understanding between him and his people but at this time the bleeding condition of Ireland will invite them to unity for Relief of that unhappy Kingdom to which he hath lately offered to raise ten thousand English Voluntiers for that Service though it hath been most falsly whispered the want of alacrity in him which he acknowledges a high crime to Almighty God if he should be guilty thereof And conjures all his good Subjects of what degree soever by the Bonds of Love Duty Obedience to remove all Doubts and Fears and then if the sins of this Nation have not prepared an inevitable Iudgment for us all God will yet make him a glorious King over a free and happy People During this time the loose people of the City and the Mechanick sort of Prentices were encouraged by the Ministers Lecturers and other incendiaries in tumultary manner to come down to Westminster and by the way at Whitehal to be insolent in words and actions which caused the King to command the Major to call a common Council to receave his Majesties pleasure which was then brought by the Chancellor of the Duchy To signifie to them the late riotous assembly of people about his Palaces of Whitehal and Westminster and commands their care to prevent the like especially these ensuing holidaies or that by the late loyal affections of the City to him he cannot understand it of them to have any share therein but only the unruly people of the suburbs and as he is confident of their affections so he bids them be assured of his care and protection not to be disturbed by jealousies and fears Hereupon a double watch and guard kept the rabble in some Order And though the Houses kept Christmas at Westminster having much business and doing very little to the Kings desires He again sends a Message to the Lords House by the Lord Chamberlaine the eight and twentieth of December That being sensible of the miseries of Ireland and yet the succours so slow he will as he hath offered raise 10000. Voluntiers if the Commons will undertake to pay them And to express his detestation of that Rebellioâ— and the care that he hath of suppressing their Insolencies He publishes this Manifesto the first of Ianuary By the King Whereas divers lewd and wicked persons have of late risen in Rebellion in our Kingdome of Ireland in surprizing our Forts Garisons Arms and Munition disposessed many good subjects of the British Nations and Protestants of their Houses Lands and goods Massacred multitudes of them c. we do therefore declare our just indignation thereof and denounce them Rebells and Traitors with all such as adhere and abet them Commanding them immediately to lay down their Arms. Having authorized his Iustices of Ireland and other his Governour Governours General or Lieutenant General of his Army there to prosecute them with fire and sword and to be countenanced and supported by him and his powerful succours assisted by his good subjects of England and this his royal pleasure he commands his Iustices and other his Officers there to proclaim throughout the Kingdom of Ireland The King having intelligence of some high misdemeanours of suâ—dry of the Members of the Commons House and setting a narrow watch and spies upon their private meetings found that a Junto of them had designed a correspondence with the Scots and countenanced these late Tumults from the City He commanded Sir William Killegrew and Sir William Fleming by warrant to repair unto the Lodgings of several persons Members of the House of Commons to seale up their Trunks Studies and Chambers by name the Lord Kimbolton Iohn Pym Iohn Hambden Denzil Hollis Sir Arthur Hasserig and William Strode but whether that they had timely notice their persons were not to be met with but their Truncks and papers were seized and whilst a doing the House hears of it and instantly vote Die Lunae Ianuary 3. 1641. That if any person whatsoever shall come to the Lodgings of any Member of this House and then offer to seale the Truncks doores or papers of either of them or seize upon their persons such Members shall require the aid of the Constable to keep such persons in safe custody till This House do give further Order And that if any person whatsoever shall offer to arrest or detain the person of any Member without first
raised by the Kings Commission here for that purpose were imployed in the Army of General Essex These things were known in Ireland and the effects foreseen which encouraged the Rebells there in some hopes of Peace by the Protestants necessities if not it might be possible for some Pacification or Cessation To that end the Irish frame a short Petition to the King presented to the Lords Justices and Council there in the Name of the Roman Catholicks for to be heard to speak for themselves In the beginning of December after the Irish Committee petition the King at Oxford of the miserie and necessitie of that gasping Kingdom unless timely Relief were not his loyal Subjects must yield their fortunes a prey their lives a sacrifice and their Religion a scorn to the merciless Rebells Upon which Commissioners meet on both sides but so unsatisfactory that the Kings Lieutenant General there being troubled with the cavils and proceedings of the Rebells marched out in Feb. with two thousand five hundred Foot and five hundred Horse to force Victual from them for his Army not having received any Relief from England in four Moneths before so that in March 16. following the Lords Justices and Council signifie That the State and Army there were in terrible want and that unless Money Munition Arms Cloaths were speedily sent thither utter destruction and loss of that Kingdom must follow Instead of Redress the very Ships as were to transport thither Cloaths and Victuals from charitable people were seized and taken by the Earl of Warwick and endeavours here to draw the Scots Forces from thence into this Kingdom to assist the Parliament Whereupon the Marquess Ormond the Kings Lieutenant General there had the 31. of Iuly last Commission to agree of a Cessation for a year which was concluded at Singinston the fifteenth of September at twelve a clock for a year and confirmed by Proclamation of the Lords Justices and Council at Dublin the nineteenth of September 1643. Donough Viscount Muskery Dillon Plunket Talbot Barnwell and others were for the Catholick Subjects as they styled themselves The Articles are ordinarily the same as usual free Trade and Prisoners of War released And as a Gift to the King they ingage for thirty thousand eight hundred pounds to be paid as a Present to the Kings use at several Payments before May-day Then to justifie the necessity of the Cessation for the good of the Kingdom we finde an Instrument setting down the misery of the Nation and want in the Army It had been proposed to very many persons of Honour and others in the Army who framed a Writing importing all the former particulars and there conclude They for these causes do conceive it necessary for his Majesties Honour and Service that the said Marquess Ormond assent to a Cessation of Arms for one whole Year on the Articles and Conditions drawn up and to be perfected by virtue of his Majesties Commission for the preservation of this Kingdom of Ireland witness our Hands this fifteenth of Sept. 1643. Clanricard and St. Albans Roscomon Dungarven Brahazon Inchequin Lucas Ware Erule Hunks Paulet Eustace Povey Gifford Percival Warren Cook c. Upon the Rebellion and Troubles in Ireland and upon the Cessation of Arms there the King hath expressed himself with that clearness as to the satisfying of all malicious Aspersions which some men have endeavoured to charge upon him where he saith That the Commotions in Ireland were so sudden and so violent that it was hard at first either to discern the Rise or applie a Remedie to that precipitant Rebellion Indeed that Sea of Bloud which hath there been cruelly and barbarously shed is enough to drown any man in eternal both infamie and miserie whom God shall finde the malicious Authour or Instigatour of its Effusion It fell out as a most unhappie Advantage to some mens malice against me that when they had impudence enough to lay any thing to my charge this bloudie opportunitie should be offered them with which I must be aspersed although there was nothing which could be more abhorred to me being so full of sin against God disloyaltie to my self and destructive to my Subjects Some men took it very ill not to be believed when they affirmed that what the Irish Rebells did was done with my privitie at least if 〈◊〉 by my Commission But these knew too well that it is no news for some of my Subjects to fight not onely without my Commission but against my Command and Person too yet all the while to pretend they fight by my Authoritie and for my safetie I would to God the Irish had nothing to allege for their imitation agâ—â—st those whose blame must needs be the greater by how much Protestant-principles are more against all Rebellion against Princes than those of Papists Nor will the goodness of mens intentions excuse the Scandal and Contagion of their Examples But who ever fail of their Dutie toward me I must bear the blame this Honour mine Enemies have always done me to think moderate Injuries not proportionate to me nor competent Trials either of my patience under them or my pardon of them Therefore with exquisite malice they have mixed the Gall and Vineger of falsitie and contempt with the Cup of my Affliction charging me not onely with untruths but such as wherein I have the greatest share of Loss and Dishonour by what is committed whereby in all Policie Reason and Religion having least cause to give the least consent and most grounds of utter detestation I might be represented by them to the world the more inhumane and barbarous Like some Cyclopick Monster whom nothing will serve to eat and drink but the flesh and bloud of mine own Subjects in whose common welfare mine interest lies as much as some mens doth in their perturbations who think they cannot do well but in evil times nor so cunningly as in laying the Odium of those sad Events on others wherewith themselves are most pleased and whereof they have been not the least occasion And certainly 't is thought by many wise men that the preposterous Rigour and unreasonable Severitie which some men carried before them in England was not the least Incentive that kindled and blew up into those horrid Flames the Sparks of Discontent which wanted not pre-disposed fewel for Rebellion in Ireland where Despair being added to their former Discontents and the Fears of utter Extirpation to their wonted Oppressions it was easie to provoke to an open Rebellion a People prone enough to break out to all exorbitant violence both by some Principles of their Religion and the natural Desires of Libertie both to exempt themselves from their present Restraints and to prevent those after-rigours wherewith they saw themselves apparently threatned by the covetous zeal and uncharitable furie of some men who think it a great Argument of the Truth of their Religion to endure to no other but their own God knows as I can with Truth
and three times storming it was fain to retreat to Farnham with much dishonour of his bruised Army and but two lost in the Garison and some small injury of battering the Chimnies and so gave time and liberty for further fortifying it able to do injury to their Enemies Trade and Forces and being sufficient against surprize or storm they resolve to starve it setling their several Forces six weeks together round about in the Neighbour Towns harrowing the Countrey untill they marched to Oxford And now comes Colonel Norton with Forces by intelligence of a run-away Souldier defeats a party drawn out to Odiam with divers Prisoners faced the house and quartered at Basing-stoak with a Regiment of Horse and Dragoons after him comes Colonel Morleys blew Regiment from Sussex Sir Richard Onslowes with five Ensignes of Red from Surrey and two more of White from Farnham are all drawn up upon the South side of Basing-stoak and distribute their Forces the White to Sherfield Onslow to Anwell house Morley with Nortons horse in Basing-stoak often skirmish but alwaies with loss to themselves and each of these had a Troop attending For in the Garison were these Gallants two Majors Cuffand and Langley two Lieutenant Colonels Iohnson and Peak and Colonel Peak sallying out oftentimes with Execution on their Enemy but very little loss to themselves So that now the besiegers suffering too much by being loose they contract their Quarters into the Park the Lane and the Close three sides with the Foot on their Horse on Cowdreys down and at night break gtound Onslow in the Lane had set up a Demy Culverin till a shot from the House silenced his Gun But these without had in this time run their Line within half Musquet shot However the Garison got out and fell upon Onslow whose Irish Souldiership was beaten his petty Culverin dismounted many killed till four Companies of Red came to his rescue more Forces come from Southampton and four fresh Companies two daies before Morley ambitious of some honour in the absence of their chief Norton sends this summons My Lord To avoid effusion of blood I send your Lordship this Summons to demand Basing House for the use of the King and Parliament if this be refused the ensuing inconvenience will rest upon you and your speedy Answer My Lord Your humble Servant Herb. Morley And had this sodain Answer Sir it is a crooked Demand and shall receive a sutable Answer I keep the House in the Right of my Sovereign and shall do it in despight of your Forces Your Letter I reserve in testimony of your Rebellion Winchester This is returned by a Drum with direction Haste haste haste post haste upon the Letter And whilest Morley plaies on the Water-house with his Guns the Garison got out but eight Foot-men fetcht in six Beasts grazing before Onslow's works and he looking on When Norton returns from Sir Waller's defeat at Cropredy Bridge and findes a Captain of Morley's shot dead at his â—oot from those within The hurt within is not much the Marquess hurt two men killed by chain shot the Carriage of their Cabonet broke from their Culverin and by excess of rain the Medowes floting the Besiegers widen more open from the Towers and receive much hurt whilest under covert of a Blinde they sally out again upon Onslow so luckily that he is forced to fly which daies work ends the year of their first Garisons and the second Moneth of the Leaguer These within are tyred with over duty of eight and fourty houres and therefore divide their reliefs every four and twenty the Gentlemen and Troopers doing the same duty of Foot within and without with Musquets or Brown Bill and for seven weeks keep their Horse with Grass and Sage which in the night they were forced to fetch under the Enemies Works And knowing their intentions by Prisoners rather to starve than to storm the doubt of more Forces removed they within resolve to make sallies A party therefore of Horse under Command of Cuffard falls upon some of their Foot lying at hazzard upon Cowdrey's Down whilest Cornet Bryan also about twenty Horse apeece riding at a rate falls in betwixt them and the Hedges rout them flying to Basing-stoak and are pursued with Execution with loss of Colours Trumpets seven Horses and three Troopers many slain and returning under command of their own Cannon not a man slain Then comes additional Forces with Colonel Whitehead's new raised Regiment to Cowdrey's Down the next morning Major Cuffard gets out with six Files of Musquetiers and twenty Troopers and some Brown Bills fall into the Park and attach their out-lines burn their Blinds and their Baskets bring off one of their Morter Peeces whilest Lieutenant Snow with twenty Musquetiers and twelve Bills fall upon the Lane Quarter of Onslow with execution on them break their Demy culverin fire their Guard and return with Arms and Ammunition and Match to their dishonour And therefore Oram Captain of the Guard for vindication must be called to a tryal for neglect or cowardize and evermore for holding correspondence with the besieged is cashiered their service They without are angry and with fifty Musquetiers fall upon the New Works of the Besiegers but soon draw back sixty more get to the Ditch under the Platform but being answered by the Bulwark flanking the ditch they return in hast leaving their Arms for they had three Guns with case shot pouring on their Rear In the Evening Cuffand and Cornet Bryan each with twenty Horse and fourty Musquetiers sally out upon the Down beating the Foot from their Workes and the Horse-guard from their Post pursuing them to Basing-stoak whence strengthned with Irish Horse force the other to retreat take Bryan and a Troop wound three and kill Ensign Emery And the other came home Lieutenant Cooper a Corporal and seven more From whom they are assured that divers were hurt the day before in the Trenches and Morley shot in the shoulder For a fortnight the Besiegers fall to battering having torn the Towers they fall upon the House side next the Town making a work within Pistol shot and because of short commons within some of cowardize get out to the Enemy Whilest necessities increased no beverage but water no bread but of Pease and Oats other Corn all spent Then comes this Summons My Lord These are in the Name and by the Authority of the Parliament of England the Highest Court of Iustice to demand the House and Garison of Basing to be delivered to me and hereof I expect your Answer by this Drum within one hour In the mean time I rest yours to serve you Rich. Norton And had Answer Sir whereas your demands pretend Authoritie of Parliament I answer that without the King there can be no Parliament but by his Majesties Commission I keep this place and without his command shall not deliver it to any pretender whatsoever Winchester Sept. 2. Which Answer findes no other Reply but
well Irish as strangers that we have not nor will give our consent to such Peace except that safe condition as well for our Religion as for the King and for the Countrey according to our Oath be offered unto us And that our Flocks and all our Catholick people without confederate Forces who in these general meetings have sometimes asked our advice in this Spiritual business belonging only to a Spiritual Iudge may know certainly what hath been determined by us to the end that the godly and faithful Catholicks obeying their Shepherds and Pastors may concur in the same We have commanded this Decree to be written and published in all places in the English and Irish tongues which we have confirmed with our hands and Seals But to the other question concerning Excommunication we have referred until the next Sessions Given at Waterford 12. of August 1646. And Ormond being wanting of Amunition and Powder Articled with two Captains of the Parliaments Ships upon the Coast of Ireland to furnish him to be imployed against the Irish Rebels and condiscended to his Propositions with assured hopes of his complying with the Parliament of England the House of Commons confirmed the Transactions and Negotiations herein sending Letters of thanks to the two Captains and to Captain Willoughby 5. October The Rebels had taken Acklew Castle belonging to the Protestants who had refused to subscribe unto the Peace with eighty Souldiers and one hundred Arms therein as also the Fort of Marborough in the Center of the Province of Lemster to Quarter with Sir William Gilbert Governour thereof all his Officers and Souldiers all the Arms and Amunition and about a thousand persons men women and children now at the mercy of the barbarous and insulting Enemy Theâ— three Commissioners sent to the Parliament of England from Ormond landed at Chester being transported over by Captain Willougby 26. October The Committee appointed to Treat with them made report of the conditions from Ormond for the surrender of Dublin and the rest of the places of Strength in his power he desires Supplies and Moneys for the Forces with him and for himself he is willing to come into England if it shall be thought fit which accord troubled the King at Newcastle The Parliament of England send over Commissioners to remain in Ireland with two Regiments and all possible speed for Amunition and Victual to follow And now the President of Connaught and the British bestirring themselves on one side and Inchequin of the other but it s believed the Rebels will be able to attempt upon Dublin and yet leave sufficient number of Forces to make incursions upon the British and Inchequin For by Ormonds Letters the Rebells are fifteen thousand Foot and two thousand Horse commanded by Owen O Neal at Kilkenny and have frequent Councel the chief of whom are Preston Roger Moore Hugh Mac Phelin Brion Con. O Neal with many more of the old Natural Irish. Preston is at Agamoe intending to advance towards Dublin and to attempt the same before the Parliament can send relief But the intended high flying Excommunication of the confederate Catholicks against such as agreed to the peace and the great Declaration of these against the Nuntio and others for opposing the peace are now composed to a cunning agreement and altogether to joyn for the design of taking Dublin and are minded to storm it speedily 3. November Ormond was now in Dublin accompanied with Sir Arthur Aston sometime Governour of Oxford and the Lord Castlehaven with three thousand in the City The Rebells are strong in Force and numerous who straiten Dublin have taken all the Out-Garisons seven all yeelding upon discretion save one commanded by Major Piggot who had Articles agreed upon and sending his brother to have them signed the Irish run in at the Gate fell upon them within put the Major and all others to the Sword except the Majors Wife and Daughter saved by an Irish Gentleman the Minister in whose hands they found a Bible they Butchered him and bid him goe preach to his Patron the Divel The Popes Nuntio and Clergy have a mighty influence upon the people for when the Accord was made being not agreed upon by the Nuntio a Roman Catholick coming to serve with 1100. men according to the agreement a Frier came and standing at the head of them declared that if they marched a foot forward they should be all Excommunicated whereupon they returned all home And all Letters give assurance that Ormond means faithfully to the Parliament of England The Recorder of Dublin Mr. Bise came over and reported that the Enemy lay ten Miles round about Dublin with such truths of their barbarous cruelties in their Marches upon the miserable Protestants taking a Castle by the way and the Minister one Mr. Brereton with sixty men upon Quarter yet killed them all in cold blood the Town of Dublin hath Victuals for five moneths The two Justices of that Government Sir Adam Loftis and Sir Williams Parsons are coming for England Nov. 10. Colonel Monk one that had served the King in his Wars and now taken prisoner was tampered with to take the Solemn League and Covenant and the Negative Oath also which he did was released and ordered for the Service of Ireland And there were Shipt for the same 1870. Horse and Foot now at Chester together with the Parliaments Commissioners who came to Dublin safe and were nobly welcomed by Ormond and the Counsel with full assurance to deliver to them the Castle and Town of Dublin the Souldiers landed and the Treaty began between them but Ormond disagreed and at last gave an absolute denial of Surrendring Dublin unto them Affirming that his Letters to the King not being sent by the Parliament according to conditions and so he not having his Majesties full command for the Surrender he utterly refused protesting that to be the only reason which if procured he would forthwith Surrender Upon which the Commissioners sent away by Shiping all the Forces brought with them Northwards to joyn with the British which land at Belfast a Town possessed by the Scots The Commissioners are jealous that the War between Ormond and the Rebels was but calmly prosecuted on either side which makes them suspect they are not in earnest For there hath been since the first of October these Garisons lost to the Rebels Lese Strathbally Bifert Grange Mellon Rebend Athy Greenhill Castle Iordan Edenberry Marmegs Town Sir Io. Hayes House Honestow Nans Castle Warden Monmonck Leslip Lucan Palmeshore Tallon Bulloeis and Bellimont 1. of December And now Ormond in this distress is forced to make a Cessation with the Rebells if not some say a confederacy taking the Keys from the Mayor and giving them to the Lord Lambert of Ireland who is now Governour there 2. December And these Propositions give likelyhood that they are agreed being from the confederate Catholicks of the Kingdom of Ireland to the Marquess of Ormond and signed by the Generals
the power should be expelled the University and that all the Colledge Rents be paid to the Visitors appointed Although the King be at quiet the people murmur all South Wales against the powers that govern the Affairs of State and Army and supple the one part with Petitions to the Parlâ—ament but quarrel with the other One Colonel Poyer opposes and being already intrusted by the General with the command of Pembroke Castle in South Wales he refused to surrender to the Generals appointment nor will he submit to the Letters and Command of the House of Commons to that purpose and prepares for a Siege in defiance of the Parliaments Order Against him therefore the General is to send Forces to reduce the Castle and to bring him to justice and Vice-Admiral Rainsborough is commanded to block up the Harbour But not only Poyers case who will not surrender without his Arrears so also Major General Laughorn hath the same exceptions of not disbanding his who now joyn together against the Parliaments Forces under Colonel Fleming and in their Design seised Ordnance Arms and Ammunition possessing themselves not only of Pembroke Castle but Tenby also The manner thus Laughornes Foot being left without any Officers but an Ensign whom they forced the 26. of March consented to revolt and with Stevens their Serjeant and a dozen Souldiers came to Laughorne inâ—o the Castle of Tenby and seized the Commissioners of the Parliament Philips Burloe Sedgwich the Minister and Lort the rest got out of Town these men were guarded into the Castle and secured for the time till all things prepared they were shipped into a boat with some Souldiers and carried to Pembroke Castle forcing such out of the Town there with much slaughter on them that refused to joyn with them so that Fleming was utterly routed and he only escaped That night they seize a good ship of the Parliaments being aground and unlade all her Ammunition And instantly sent away a Bark of intelligence to France And in that time Poyer grows so formidable in the adjacent shires as the General disposes of Forces to reduce him Nor is this all several other places fall into petty insurrections and revolts which shew the disaffection of the People Nay at London begins the Mutiny and brake out on Sunday the ninth of April the Tumult took rise in Moore-fields who set upon a party of the Trained Bands in Finsbury drawn out to keep the peace and soon over powred them with number and hourly increasing they disperse into multitudes some to White-chappel seizing the Train-bands Colours others to Smithfield and many to White-hall but these were met with by the Mewes guard of Horse and forced to separate yet at night they gather head surprize Newgate and Ludgate with the Keys and shut up the Gates then to the Lord Mayors and force from thence a Drake piece of Ordnance and some slain This piece they plant within Ludgate the Mayor betakes himself to the Tower for that night The morning increases their number who labour to get Arms break open a sale mans house of Ammunition in Milk-street and other places and being furnished they march with their mounted Ordnance to Leaden-hall and master the Magazine The mean while drums beat on the River inviting the watermen and saylers for God and King Charls The General and his Council keep the head quarters at Whitehall spend the whole night in debate whether they shall hazzard their two Regiments at Whitehall and the Mewes or stay for more force but agree to engage with these And as early as day they enter Aldersgate and march to Leadden-hall and charge the rabble who with their Drake hurt Captain Merriman in the shoulder and his Lieutenant in the belly killd a woman and hurt some Souldiers The Waterman that discharged the piece was killd instantly Many hurt divers prisoners were seized but the rabble disperst the City wâ—s quiet by ten a clock at noon Had a man but observed the general murmur of the City at this time the private abetting of this multitude to mutiny the engaging of friends and forcing of servants to this outrage and yet in the very act at but the sight of some Horsemen with their swords drawn and pistols cockt riding up and down in disorder and commanding the shopmen to keep home How suddenly they shrunk in like snaâ—les into their shells and wondrous busie they were to direct the Souldier how to master their fellows bringing in their Horse at the new made Postern out of Moor-fields and so were brought upon the backs of the Prentices and subdued them on the sudden But however the City call a Common Council where this now monstrous mutiny is debated and resolved upon That the City was in eminent danger of destruction by this horrid detestable act that a Committee report to the Parliament their dislike thereof and request very humbly that the Actors may be severely punished by Triall of Oyer and Determiner that the Ministers give thanks in their Pulpit for this their deliverance under God by the forces raised and continued of his Excellency the Lord General Fairfax And the Common Council do promise for themselves and the City that they shall never do so any more And for assurance of their good behaviour hereafter the Committee are appointed to invite the General to a City feast which alwaies concludes their frays And hereupon as heretofore the City fortifications were demolished so now their very Posts and Chains must be pulled down and given to the Souldiers for their pains therein besides one thousand pound largess for the Horse Regiments that quelled the Prentices And to prevent the future insurrections in London the Tower is reinforced with two thousand Foot and a Troop of Horse to quarter there and all manner of provision fitted for their intertainment being as it was voted for the security and service of the City it may well be so for they paid for all And all the Prisoners there except the Lord Mayor and Aldermen should be removed to several â—astles Warwick Windsor Wallingford to make the more room for the Souldiers Indeed the late Mayor Sir Iohn Geer and three Aldermen Adams Langham and Bunch refused to kneel at the Lords Bar or to be tried by them denying their power to try Commoners but only by the common Law and were therefore fined five hundred pounds a piece and returned Prisoners to the Tower But Poyer appears formidable in Pembroke Castle in Wales having gained the contribution of the neighbour Counties The Parliaments forces are sent to oppose him under two Colonels Horton and Fleming who are sent with three Troops of Horse and Dragoons to gain a pass from Poyer who wittingly had quitted the same but lay in ambuscado and fall upon Flemings whole body and worsted him followed the flight so neer that they retreat into a Church the County coming in to Poyer the Church was taken and those within had
but poor quarter Captain Molloneux shot in the thigh and Fleming slain some say by his own hand for shame of his ill success two hundred prisoners A drum came from Poyer to treat about ransom with a blew and white Ribband and a Motto usual amongst them We long to see our King The Cavaliers take heart thereabout and universally in these Counties raise Arms and make a body against the Parliament Not a Smith but hath left his house and home and gon to Poyers party who prevailes and is likely to increase in power But now Lieutenant General Cromwel is desired by the General and Council of War to march upon him with his own Regiments of Horse and Foot Colonel Hudson and Pride in all about eight thousand Horse and Foot But ere he got thither Chepstow Castle was taken by the Royallists Sir Thomas Keymish Mr. Thomas Lewis and other active Cavaliers by slight and force took the same and Captain Herbert with divers others prisoners in the absence of Colonel Hews the Governour thereof the sixth of May. And thus they prosper till two daies after when Poyers party was defeated by Colonel Morgan his own letter to the Speaker tells how That after many tedious marches over the mountains we were engaged with the Cavaliers neer eight thousand Horse and Foot before St. Fagows and Peters-Town and in two hours fight this Munday the eight of May we gave them a totall rout pursuing the flight for seven miles many slain three thousand Prisoners all their Foot Arms and Ammunition And leaves the further relation to the Messengers in the field the eighth of May near Cardiff Yours vâ—ry humbly Thomas Horton This is short and like a Souldier but the story is told for him and the Talley strook of all the slain and Prisoners Major Bothel comes of the Message and saies that on Munday nine a clock the Welch were disordered half a mile from Fagows Horton draws to the same distance neer them and sends out Colonel Butler with five hundred Horse to fall upon the Rear but at a pass the Welch were worsted Then the Bodies encounter Laughorn commands the welch party and were totally beaten Laughorn Wounded is fled with Powel Prisoners Major General Stradling Colonel Harris Majors Wogan and Philips Captain Batten and Mathews with eight and twenty more Captains and one hundred and fifty Officers three thousand Souldiers And in this defeat but very few He saies slain of the Parliaments party The Messengers of this good news had great rewards the officers and Souldiers all the Lands formerly given to Laughorn and one thousand pounds land per annum out of such Delinquents as were this fight to be given a Largess to the Souldiers And a Declaration set forth in publick That whoever shall engage in a war commotion or insurrection against the Parliament shall die without mercy And all the poor Prisoners in this fight to be tried for their lives by Oyer and determiner the Officers and chief by a Council of war This would not do Langhorn and Powel escape to the Welch Revolters hold out their Castles Pembroke and Tenby against which the Lieutenant General Cromwel is come and the sieges for some time continued he begins to storm Tenby with twelve hundred Foot of Colonel Overtons Regiment commanded by Lieutenant Colonel Read Major Wade and two Companies of Colonel Constables Regiment and after several storms to some purpose the Town first and then the Castle surrendred upon mercy the last of May. Those within were two Colonels Rice Powel and Richard Dunnel four Captains Vaughan Arny Brale and Addis the Gentlemen were Heymes Vaughan Culpepper Smith Penry Bruans Iesset Lyson Thomas Stump Brasier Lourday Standen Reynolds and Sway with others Pembroke Town and Castle is hotly besieged by Cromwel himself His forces were of Prides Dean Hortons horse Scroops and Okiers Dragoons with two whole and two Demy Culverins and two Drakes But this strait siege distresses them within who are refused conditions unless of mercy No quarter on either side and now Tenbies forces are come up the storm is wholly intended furious which they endured with resolution and courage it being a place of strength of reasonable circuit well manned and commanded by persons of quality the chiefest of the County And no doubt in time the Parliaments forces by Land and Sea would master the Town but then the defendants had the Castle to retire unto their last refuge all which considered and the rumour of the Scots Army now advancing towards England and now marcâ—ed as far as Annan the sixth of Iuly The Lieutenant General Cromwel thought it convenient to offer the besieged reasonable conditions before they should get Intelligence of the Scots invasion which might have encouraged them to hold defiance And so the propositions take entertainment as it was intended the thirteenth of Iuly the Town and Castle were surrendered That the chief actors Laughorn Poyer Mathews Bowen and Boyer submit to the mercy of Parliament That the other Commanders Knights and Gentlemen do depart the Kingdom within six weeks for two years the rest to have liberty to return home The sick and wounded to be carefully provided for and the Townsmen to enjoy their Freedoms and Liberties as before And instantly the Lieutenant General Cromwel marches towards the North to joyn with Lambert a-against the Scots For the General was busie in besieging Colchester as hereafter Those that submitted to mercy were to be tryed as Traitors and were sure to suffer the Execution accordingly wherefore the Prince aboard his Fleet in the Downs writes a Letter to the General Fairfax in their behalf acting under his Highness Commission desiring that they may have terms and usage as Souldiers of War otherwise he shall be enforced in order thereto to proceed against such as the fortune of War makes his prisoners 14. August The General Answers with all due respect to his Highness That it is not in his power to Act further the Parliament having ordered their Trial as to the sad engaging this Nation in a second bloody War and therefore he cannot interpose their Iustice but prayes for a peace Your Highness humble servant Tho. Fairfax 15. Aug. 1658. But let us return to the King No news from him closely watched yet he walks the round upon the Walls and therefore the other Faction had power in the House The Kings friends are in fear Yet now the Parliament pray and debate the settlement of the State first and then the Church and Vote that the Government shall be still by King Lords and Commons and that the ground-work thereof shâ—ll be the Propositions last presented to the King at Hampton Court What ever they Vote yet the Royallists bethink what will become of the King and therefore it is intimated from his friends beyond-sea of the danger to the Kings children whom the Parliament keep as a prey for some design And therefore
the Force that could be spared from all the Southern County and the City of London also It was vigorously assaulted and gallantly defended with â—uch Sallies at several times and successes as rendred the Gâ—â—eral â—ot very prosperous At last the whole City was surrounded and by often Skirmishes they within grew weak of fighting men provisions of all sorts spent both for Ammunition and Victuals and whilst they within had hopes to their hearts they neglected â—ay disdained offers of Treaty or capitulation for almost three moneths when horrid necessity inforceth them to consider of a Treaty when Horse-flesh and Dogs Cats and Vermin failed for Food No hope of succour the Princes Fleet part fell from him the Wâ—lsh reduced the Earl of Hollands Insurrection suppressed Revolts Muâ—inies Allarms in several Counties quieted the Scots whole Army of Invasion totally defeated and the King himself lay'd aside for whose sake all these pretended And of all which the Besieged had continual intelligence then the Horror waxed high And therefore the chief Commanders within capitulate with the Camp without That they at the desire of the Inhabitants think fit to send to the General they are constrained to turn out the Towns-pâ—ople for bâ—tter accommodation of the Souldiery whereby their houses and gâ—ods would be left lyable to ruine for prevention they think fit to Treat with the General for surrender of the City to which purpose they would send out Officers to Parley To whose Letter they have this Answer That the General believes their extream pressure upon the Inhabitants and all the rest but he clears himself from the occasion of their sufferings he is compassionately willing to allow the proper Inhabitants only to come forth provided the Committee of Essex now prisoners within be first sent out and excepting the wives children of such as remain behinde in Arms. And concerning the Rendition of the Town hâ—â—ffers that all Souldiers under the degree of a Captain shall have free pass to their homes and all Captains and other Offcers superiour with Lords and Gentlemen to submit to mercy These Conditions would not go down with Goring therefore the next day five hundred women are forced out upon the powdercharged Cannon and Muskets to frighten them back but better so to dye then to return to Famine and thus they make a stand and crave rather sudden destruction They within make a Sally for a dead horse and one slain yet â—fter two dayes stink it is got in for food And to the Generals Letter they within Reply That they would not Render themselves to mercy to any but to God alone And therefore to spare blood they send out their utmost offer the lowest conditions they could yield unto 24. Aug. Which in truth were too high for the General to grant And therefore he is peremptory not to give Answer Then they 〈◊〉 send out a Drum with Mr. Barnardeston one of the Committee pâ—â—â—oners and Colonel Tuke desiring a Treaty upon what the General offered heretofore and concerning the explanation of the words to submit to mercy how far they would extend and in reference to the Officers and Souldiers and Townsmen And had Answer that in respect the Officers and Souldiers c. had neglected that former offer that now they should have only fair Quarter the rest to submit to mercy But however the Treaty should succeed the misery was much within and therefore the private Souldiers were resolved to deliver up their Commanders who caress the Souldiers with Wine and Victuals and fair words to joyn with them to break through the Besiegers over the North-bridge the way to escape but that Design shrunk for it was soon apprehended by the Souldiers that whilst they should fight the Commanders would fly And therefore in this high distemper they all submit to mercy the twenty seventh of August The Inhabitants of the Town were fined fourteen thousand pounds to be preserved from Plunder â—â—d two dayes after Sir Charls Lucas and Sir Geo. Lisle were shot to death they disputed this kinde of Justice to be in cold bloud without any Tryal without president of men at Arms and unsouldier-like but seeing no remedy Lucas was said to dye like a Christian justified his taking up Arms in defence of the King his Sovereign and bad them doe their worst he was prepared Lisle came to the stake kissed the others warm Corps wreaking in bloud and was shot to death also But why this unusual Execution was so acted I cannot be satisfied which the General in his Letter to the Parliament calls Military Execution and hopes that your Lordships will not think your honour or justice prejudiced had he put it to the question before their death the Lords would have resolved him but it was now too late and must be submitted to the worlds censure The rest of the Lords Officers Gentlemen and Souldiers are referred to the Parliaments mercy or justice Indeed the Commissioners that treated put the question what is meant by fair Quarter what by rendering to mercy It was resolved to the first That with Quarter for their lives they shall be free from wounding or beating shall enjoy warm clothes to cover them shall be maintained with Victuals fit for prisoners while they be prisoners For the second That they be rendered to mercy or render themselves to the General or to whom he shall appoint without certain assurance of Quarter so as the General may be free to put some immediately to the Sword Although the General intends chiefly and for the generality of those under that condition to surrender themselves to the mercy of the Parliament Neither 〈◊〉 â—he General given cause to doubt of his civility to such as render to mercy The chief Commanders deserve to be mentioned Some amends for their sufferings they were Valiant men The Earl of Norwich the Lord Capel Lord Loughborough Sir Charles Lucas Sir William Compton Colonel Sir Geo. Lisle Sir Bernard Gascoigne Sir Abraham Shipman Sir Iohn Watts Sir Lodowick Dyer Sir Henry Appleton Sir Denart Strutt Sir Hugh Ovelly Sir Rich. Maliverer Colonels Garter Gilburn Farr Till Hamond Chester Heath Tuke Ayloff and Sawyer Eight Lieutenant Colonels nine Majors thirty Captains Commissary General Francis Lovelace Master of the Ordnance Major Gen. Graveston Gentlemen sixty five Lieutenants seventy two Ensigns and Corners sixty nine Serjeants a hundred eighty three private Souldiers three thousand sixty seven The Gen. Fairfax having done his Work Marches Northwards to Yarmouth and up and down these Counties to settle Peace caress his Garrisons receiving testimonies of thanks for his Victorious Successes and returns to St. â—lbans his Head Quarters in the beginning of October from which time we shall hear more of him and his hereafter The universal distractions of the Parliament and Kingdom by Insurrections Revolts Tumults and Disorders both on Land and also in the Fleet at Sea made the City of London sensible of the sufferings which fell heavily
Seyman which held a weeks debate and being very prolix we shall refer the Reader to the Papers on each particular then set forth by the Kings friends and since imprinted and bound up together with other Writings and Papers of the Kings annexed to his Eikon Basilike where the dispute is set out at large But the time limited in the Treaty being now consummaâ—â— the Commissioners return and make their report to the Parliament of the Kings Concessions no waies answerable to their desires and so are voted unsatisfactory And at an instand Hamond renders up the charge of the Kings person to Col. Ewers as hereafter And whilst the Treaty is likely to conclude in peace the Commanders of the Army seem to entertain the hopes with gladness and profess That they will obey the Acts of the Houses that publick peace will be welcom to them above others that being free from the toyls of War they might settle their own private affairs and after the end of their tedious labours sit down to rest But what ere they said their intermingled friends in the Houses advizing some Commanders and common Souldiers hold meetings and frame Petitions That the Treaty with the King might be broken off and punishment on all without distinction glancing at the Kings person the Enemies of the Common-wealth and these are Printed and dispersed and which taking flame the Souldiers Rendezvouz near London to frighten their adverse party and a Remonstrance is conceiving by an able pen-man who under colour of dislike with the General takes time in private for the present only to frame a large Remonstrance of the Army But to usher it in with County Petitions 〈…〉 most pertinent from thousands of the County of Leicester minding the Parliament in this time of Treaty of two Declarations the one from the Assembly of Scotland charging the King with spilling of the bloud of many thousands in his three Kingdoms And the other Declaration of Parliament An. 1647. wherein they give Reasons of their no further address to the King and speak as high as these of Scotland they add also the Houses Answer to the Scots Commissioners Papers 1647. All which have made their hearts to tremble expecting with amazement what satisfaction they may have to these loud cryings and Heaven-provoking crimes viz. The death of his Father betraying Rochel the Spanish Fleet with an Army in it Proclamations to cry down Parliaments his correspondency with Rome the private Articles of his marriage his Commissions to the Rebels in Ireland his violent attempt upon his House of Commons inviting Foreigners to enslave the three Nations his proclaiming the Parliament of England Rebels the designed bloody Massacre in London by his Commission his destructive principle of yielding accompt to none but God his inviting over of the Irish Rebels to subdue this Parliament and such like together with this eight years misâ—ries of these three Kingdoms And that these are but a few of the many Reasons why they cannot repose any more trust in him And pray that proceedings against him may be accordingly least they build their peace upon ruined foundations that they may neither fear Treating with him nor trusting him with great and weighty affairs of the three Kingdoms And conclude as most charitable and Christian that speedy justice be executed on all prisoners the Parliaments Enemies And had thanks for this Petition But the Tide began to turn in October whilst they were Treating for now we are almost at quiet abroad and the Army at leisure Insurrections calmed Garrisons in opposition surrendred Scotland inâ—aders overcome the two Kingdoms brought in confederacy in Arms. And the House of Commons bethinks of raising vast sums for composition of Delinquents and accessaries in the late Insurrections and in executing such persons prisoners as are fitted for Justice To which eâ—d they have Petitions from the Mayor Aldermen and Common Council of London and the like unchristian charity from the prayers and Preachings of the Presbyterian and accordingly the Parliament proceed They begin with the Earl of Norwich and the Lord Capell as to impeaching them of Treason and Rebellion who Petitioned the House of Lords with the sense of their condition and of the quarter consented unto by the General Fairfax at the Surrender of Colchâ—ster The Lords send to the Commons assuring them that by the Generals Letter to them all others were to have quarter after some were shot to deaâ—â— And upon great debate the Houses were fain to desire the General to explain his Letter of the 29. of Septem He was now at his Head Quarters at St. Albans and long after they had this Answer The General does not take upon him to conclude but stating the business leaves them to the Civil power and so in effect to tâ—yal for life But ere they had Answer they are troubled at a demand of the Army for present payment of their Arrears amounting to the sum of three hundred fourteen thousand three hundred fifty one pounds and five pence whereof near fifty thousand pounds is due from the City of London Besides one hundred thousand pounds to be advanced in part of the Arrears due to the reduced Officers and Souldiers in a List remaining in the House of Commons and the debate was whether the new Sequestrations in the County of Essex should be exempted from being part of the money assigned for this purpose and conclude in the Negative This made a hubbub over all England the reduced Officers of all Counties are coming up to London under pretence for their Arrears The Parliament bustle how to avoid the inconvenience and declare That the Houses are upon passing an Ordinance for their satisfaction and that their coming up to London will much impede this and other the great affairs of the Kingdom and therefore they are commanded to forbear upon that or any pretence whatsoever and so had an Ordinance passed for payment of 23000. l. part of their Arrears 9. October The Courts of Westminster Hall were thin and were to be filled with Judges And in order thereto a new call of Serjeants at Law Out of Greyes Inn thâ—se to be Serjeants Sir Tho. Widdrington Sir Tho. Bednifield Mr. Kebble Mr. Thorpe and Mr. Bradshaw Out of Lincâ—lns Inn Mr. Sollicitor St. Iohn Mr. Sam. Brown Mr. Recorder Glyn and Mr Erle Out of the Middle-Temple Mr. Whitlock Mr. Coniers Mr. Puleston Out of the Inner-Temple Mr. Chapman Mr. Gales and Mr. Will. Littleton And not long after were called Will. Powel Io. Clark Iohn Elcontread Ro. Nichols Io. Parker and Rob. Barnard and were made Serjeants at Law Serjeant Roll is to be chief Justice of the Kings Bench Iermin and Brown Justices there Mr. Sollicitor chief Justice of the Common-pleas Sir Tho. Bedingfield and Creswel Justices there Serjeant Wild chief Baron of the Exchequer Mr. Gates a Baron there Mr. Whitlock Atturney Gen. of the Dutchy Mr. Prideaux Sollicitor Gen. Mr. Widrington one of the Kings Serjeants
c. he is conveyed to the scaffold 1135. his speech there 1136 his preparation for death 1137. he is executed 1138. imbowelled ibid. interred in VVindsor Chappel 1139. his Character ibid. his Letter to the Prince of VVales 1140. his issue ibid. Prince Charls born 141. he desires conduct of Fairfax for 2. Lords to treat about a peace 843. is answ and replies ibid. he is invited to the Parl. 884 903. his Fleet 1078. he is invited to Scotland 1079. his Letterto the Lords in Parliament 1084 University of Cambridge ordered 664 Canophies Message to the Duk of Buckingham 97 Arch B. of Canterbury impeached 340 accused of high Treason 361. His arraignment 780. and Sentence 781. His Speech upon the Scaffold 782 Lord Capel impeached 1079 Carlisle surrendered 816 Sir Dud. Carlton sent Ambassadour to France 162 Carnarvan surrendered 893 Cassal lost 371 Cheapside Cross pulled down 614 Chepstow Castle taken 1059 Sir Geo. Chidleigh leaves the cause 638 Mutinies about keeping Christmas 1041 Church Government reformed in Scotland 194. Commotion about Church Ceremonies 290. new modes of Ecclesiastical Government 422 Cirencester taken by storm 602. surprized by Essex 646 Abuses in Civil affairs 129 Earl of Cleveland commended 737 Clubmen rise 817. treat with the Gen. Fairfax 818. are surprized by Cromwel 828 Cockram sent to the King of Denmark with Instructions 692 Colchester Summoned 1067. resolutely defended 1080. yet surrendered 1081 List of prisoners taken there 1082 House of Commons petition for a Guard 477. their misrule 820 Committee for the Kings Execution 〈◊〉 1132 Owen O Conally discovers the Irish conspiracy 438. is examined ibid. Covocation sits after the Parliament 305. Impose an Oaâ—â—â—â—â—07 their Canons denounced 339 Mr. Cook and Dr. Turner's insolent speeches 31 County of Corn. protests for the K. 663 County of Corn. caressed by the K. 628 A Juncto of Council called 309 Covenanters their pretended cause of Rebellion 228. Their Demands 238. They assume all Authority 243. A covenanting Female Imposturess 244. They protest against the discharging their Assembly 245. Their protestation 276. Their charge against the Arch-bishop of Canterbury 340 Sir Thomas Coventry dies 281 High Court of Iustice erected 1121. The place for it 1123. The number of the Iudges at the Kings Sentence 1129 Sir Nicholas Crisp kills Sir James Enyon 633 Lieutenant Gen. Cromwel defeats the Scots Army 1074. improves his successes 1075 enters Scotland and declares 1076. Their Nobility contract with him ibid. He is caressed there 1077 D. REason of the Danish War 796 Dartmouth Besieged and Surrendred 868 Earl of Denbigh delivers up his Commission 799 Dennington Castle assaulted the first time 722. A second attempt upon it 723 A grand Design 287 Devizes taken by Cromwel 833 Queen Dowager of Denmark dies 191 County of Devon protests for the K. 663 Lord Digbies first Speech in Parliament 334. His second for Episcopacy 362. 〈◊〉 Letter intercepted 496 836 Distempers in the Kingdom 1082 Sir Dudley Digs his Prologue against the Duke of Buckingham 42 Dublin victualled 445 besieged by the Rebells 965 Dudley Castle surrendred 889 Dunkirk surrendred to the French 972 E. ECcleshal Castle and Town taken 657 Edge-hill Battel 583 Prince Elector dies 190. Young Prince Elector arrives 207. departs with his brother 220. comes over again 279 is arrested for debt 816. visits his brothers Rupert and Maurice 891 is made a Member of the Assembly of Divines 974 Sir John Eliots speech and Remonstrance 130 Princess Elizabeth born 207 England and France at difference 59. English Army Marches to the North 249. Come within view of the Scots 250 they treat 251. Second expedition against the Scots 312 Sir James Enyon slain 633 County of Essex Petition 1062 E. of Essex his second Marriage 152. He is made General of the Parliaments Foot 545. Proclaimed Traitour 547. His Ensigns Colours 567. He sets out of London 577. Advises of peace 625. Musters at Hunsloe-heath 628. His Army is in distress 633. but recruits 698. He divides Forces with Waller 706. is defeated in Cornwal 709. A Letter to him from the Lords and Commanders in the Kings Army 716. He is degraded from his Generalship 770 delivers up his Commission with a paper 799 his death 928. Col. Tho. Essex Garrisoneth Bristol 581 Excize continued by Ordinance of Parliament 1004 Exeter delivered up to Prince Maurice 628. Summoned by the Parliaments Forces 869. Surrendred 888 F. LOrd Fairfax and others proclaimed Traitours 600. He takes Selby 700 Sir Tho. Fairfax made General 770. his Commission 798. he Marches to Bridge-water 821. comes to London 925. his Letter in behalf of the King 992 Dr. Featly imprisoned and why 635 John Felton murders the Duke of Buckingham 120. his confession 122 he is hanged in chains 124 Sir John Finch made Keeper of the great Seal 282. His Speech to the Commons House 344. Voted Traitour and flyeth 347 Eruption of fire out of the Sea 246 Fleet comes home 64. service of the Fleets at Sea 206. another Fleet for the narrow Seas 211 Tumult in Fleetstreet 140 French insolent at Court 61. peace concluded with France 138. Princes of France discontent and why 372 Ambassadour from France 615 Ambassadour extraordinary from thence hath audience 918 Mr. Fountain committed 567 G. GAdes voyage suceeds ill 19 Overtures from the Emperour of Germany 137 small effects of the peace there 207. the Emperour dies 212 English defeated at Gilingstone Bridge 449 Glamorgans Letter to the King 859 Serjeant Glanvile released upon bail 942 Sir Thomas Glenhams Answer to Arguiles Letter 675 Glocester besieged by the King 629. the siege left 632. Actions in the County of Glocester 633 c. Goodman reprieved 349. Remonstrance against him ibid. Gordon executed 1045 Skirmish at Greenhils 452 Major Grey slain 731 Gutlery executed 1046 H. A Letter from the Hague intercepted 595 Mr. John Hambden slain 623 Marquess Hamilton his design 147. he is made high Commissioner to Scotland 237. his Commission read in publick ibid. Poasts back to the King 239. returns again 240. Poasts the second time to the King 241. and returns to Scotland 242. comes again to England 246. he invades England with an Army 1071. Summons Lambert and is answered 1072. Is taken prisoner 1075 Col. Hamonds Letter to the Parliament 1020 he refuseth to deliver up the Kings attendants 1025 King at Hampton Court 1004 Major Hamond kills Grey 731 Henderson argues with the King 904 Sir Edward Herbert questioned about the five Members 482. The Kings Letter concerning him 484 Hereford siege raised 824 826. The Town surprized for the Parliament 839 Earl of Holland revolts to the King and back to the Parliament 626 and 639. his insurrection 1068. he is taken prisoner 1069 Present to the King and Queen from the States of Holland 207. Holland Fleet and Spanish engage 279. Holland Ambassadours have audience 718 Lord Hopton defeated at Torrington 869. he agrees to disband 870 Sir John Hothams act of excluding the King from Hull avowed 512. he
great Account 355 c. a Plot in Scotland 464. their Answer to the Kings Letter 516. Declaration of their Council 517. their Army kept up 554. their Declaration in Answer to the Parliament in England 563. their Army enter England 669. their Declaration 670. their Army Voted to be gon 904. their Letter to the Parliament 906. Declaration against their papers 914. their Army intend to return home 921 922. they urge the King with their Propositions 923. Letters of complaint against their Army 924. one years account of their Army 927. their Papers concerning the dispose of the King 930. Quaeries of their Parliament 936. and Result touching the King 937. their Declaration concerning the King 939. Horse from the Scots Army come into Engl. 968. their Commissioners Messenger staid at Newcastle 1005. their Letter to the Speaker 1014. their Estates disagree 1071. their Committee of danger vote a War ibid. their Army comes to Penreath and engages 1073 defeated at Preston 1074. and disbanded 1077. they dissent as touching the Kings Tryal 1120 they declare against it 1122. their private instructions touching it ibid. A new Seal voted and framed 622 1119 Fight near Shaw 737 Sherborn seized by the Marquess of Herford 576. taken by Storm by Sir Tho Fairfax 828 Fight at Sherburn in Yorkshire 835 Shipmoney debated 197. Lord Keepers Speech to the Iudges concerning it 204. again debated 213. Iudges questioned about it 429 Shrewsbury betrayed to the Parliament 798 Earl of Somerset confined 140 Overtures of Peace with Spain 139. which is concluded 144. the Spaniards design 281 〈…〉 Spine 737 Spoâ—swood executed 1045 Stafford taken by treachery 658. Earl of Stamford proclaimed Traitour 546 Sir Philip Stapleton dies of the plague 1003 〈◊〉 â—tar appears at noon day 142 Col. Stephens surprizing is surprized 788 Stode taken by Tilly 105 Sir John Stowel taken prisoner 930 Lord Strange impeached of high Treason 566 The Earl of Stratherns Descent and Title 230 raised to his Ruine ibid. County of Surrey Petition 1062 Fight at Sutton field 820 Swansey summoned 702 King of Sweden enters Germany 146. â—beats the Emperialists at Frankfuâ—t â— 147. is slain at Lutzen 189. his Character ibid. Ambassadour from Swedeland 199. Swedes displeased 208. Peace made with them 798 Synod began to sit 604 T. TAunton besieged by the Kings Forces 802. Relieved and again besieged 804 Tax of weekly meals 698 Tenby surprized 1056 besieged and surrendred 1060 Term adjourned to Reading 21. Mich. Term adjourned 567 Mr. Thomas his speech against Bishops 416 Tinmouth Caslte revolts and is taken 1073 Tomkins and Chal. hang'd at Lon. 621 â— of Traquair 191. is treacherous 225 Tilly defâ—â—ted 52 〈◊〉 with neighbouring Nations 18 Tredagh fortified 447. besieged 452. and in distress 455. is relieved ibid. invaded again 456. yet the besieged make several Sallies 457. have fresh supplies by Sea 459. the Siege raised 460 Tumults at Westminster for justice against the Earl of Strafford 402 Turin lost 371 V. LOrd Francis Villiers slain 1069 All Uâ—ster-pâ—ssessed by the Rebels 440 Treaty at Uxbridge 756. 758. Directions to the Kings Commissioners there 757. Observations concerning the Treaty 762 W. WAllestein murdered 190 Sir William Waller defeated at Lands down 625. and by Prince Maurice near Teuxbury 655. and at the Devices 657 He is set to take the King 706. and defeated at Copredy Bridge 708 Court of Wards and Liveries voted down 865 Lord VVentworth sent Deputy to Ireland 189. Impeached of High Treason 336. his condition examined ibid. charge against him 342 374. his Tryal at VVestminster 375. Conclusion of his defence 396. the Commons justifie their Charge against him by Law 397. he answ by Council but is nevertheless voted guilty of High Treason 398. Bill of Attainder against him 399. the Kings Speech in defence of him 400. voted guilty by the Lords 406. his Letter to the King upon the Tumult of the Apprentices and his Speech upon the Scaffold to p. 409 VVestchester besieged and surrendered 861 c. Mr. Whites Letter 421 Williams Arch Bishop of York against the King 889 VVinchester taken by Cromwel 833 The â—â—dy VVinter summoned to yield 705. her Answer ibid. Sir John VVinter recruited 805 Sir Fran. Windebank gets away 338 Col. Windebank shot to death 802 Withers complained of 892 Dr. Wren Bishop of Ely committed to the Tower 429 Y. YEomans hanged at Bristol Duke of York born â—â—4 brought 〈◊〉 London 891. escapes beyond Seas into Holland 10â— Arch-Bishop of Yorks Letter to the Lord Ashley 858 The County of York Petition the King and are Answered 506 The Articles of Neutrality for Yorkshire infringed 567. York relieved by Prince Rupert but the Siege is renewed and it surendered 719 c FINIS Anno. 1625. King James dies His Funeral Amiens described Boloign described Puts to Sea Lands at Dover Canterbury Hist. of King Charles pag. 7. A Parliament summoned H. 9. Ob. 28. Parliament siâ— The Kings Speech Hist. pag. 11 Observ. p. 28. Of Wars Petitions Answered Subsidies granted Dr Mountague questioned Caballa p. 115. Lord Mordant made Protestant Parliament at Oxford Observ. 34. Parliaments Petition Kings answer And urges for Supply Observ. p. 35. Cabal p. 107. Parliament dissolved Hist. p. 16. Treaty abroad Ill successe of Gades voyage H Pa. 18. Pa 19 Cabella pa. H. p. 17. Ob. p. 36. Term adjourned to Reading Of Coronation of Soveraigns Hist. 20. Kings 11. 12. Hist. 20. Ibid. Hist. 21. The Scaâ—â—old 2. February Epis. Hist. p. 16. Rex Epis. Rex Epis. Rex Epis. Rex Sworn Annointed Crowned A Parliament called Lords Petition The Kings Answer Earl of Arundel committed 1626. The King demands supply Anno 1626. Mr. Cook aâ—d Dr. Tâ—rners insolent speeches The Lord Keepers speech The Kings Speech The Commons Reply The E. of Bristows charge against the Duke Articles against the E. of Bristow Ob. p. 45 Hist. p. 45. Ob. p. 49. His ingrossing great Offices By buying the place of Admiralty And Lord Warden of the Cinque Ports Not guarding the Seas Stay of the St. Peter of New-haven And of the East India Fleet. Lending the Vant guard to the French To be imployed against Rochel Selling of honour And Offices Procuring honors for his Kindred His applying Physick to K. Iames. Hist p. 53. Parliament dissolved E. of Bristow Committed to the Tower Hist. p. 54. England and France at difference Hist. p 56. The French Insolent here at Court Sr. Dudly Carlton sent to complain Mcro Fr. Du Châ—snâ— Ill news abroad Our fleet comes home Hist. p. 63. Loan monies Hist. p. 69. Hist. p. 64. Ob. p. 41. Proposition for a more Toleration of Papists in Ireland Hist. pag. 65. The Clergies Protestation against Papistry Primate of all Ireland his Speech Abroad At home Pat. 13. H. 3. in Tur. Lond. Pat. 13. H. 3. membran 9. Pat. Gascony 1 Ed. 2. memb 25. in dorso Bishop Andrews dies 〈…〉 〈…〉 Anno 1627. The Dukes Manifesto The cause of this War Isâ—ardus pa. 1. Isnard p. 16. The
Stratherns descent and title to Sovereignty Raised to his ruine Dangerous to Sovereigns to prefer any Pretenders of Title The Scots design a new Government by Tables The Confession of Faith 1580. Negative confession what and when See Hist. 9. of Scots The Scots title to their new Confession of Faith examined Hamilton high Commissioner tâ— Scotland His Commission read in publiquâ— Covenanters demands Proclamation Hamilton posts to the King August 5. And returns Contracted into two Hamilton poasts to the King again And return to Scotland September 22. The Kings Declaration published For the general Assembly another Their Letter of thanks to the King Covenanters assume all authority A covenanting Female Imposturess Assembly dischâ—â—â—â—â— Against which the Covenanters protest Hamilton returns to England and the Scots begin to arm Iuly Eruption of Fire out of the Sea Queen Motlier of France comes hither The King prepares an Army Proclaims the occasion Hist p. 188. Obs. p. 151. English Army 1639. The Army marches to the North. Anno 1639. Obs. p. 157. The Scots and English in view The Armies Treat The Scots desires The Kings Declaration Artâ—cles of Pacification Scots submission Scots Protestation The proccedings in their Parliament in August Scotish Parliament prorogued Their Protestation The Scots deputies to the King Four Commissioners from Scotland Loudon his Speech Their Treasons summed up The Protestation of the Assembly and like of the Parliament Simeon and Levi. The Covenanters Declaration of grievances Observations thereupon It was ratified by Parliament most faise never ratified by Parliament never forbiden by any Act of Parliament These were confirmed by Parliaments and never repreaâ—ed but nâ—w most illegally called in question without King or Parliament Is this Assembly without the King of more validity six former Assemblies approved by the King and Parliament It Was no covenant but only a bare negative confession and abjuration of all points of Popery Nunquam de fide constare dum semper de fide disputamus Tertul Iâ— one Assemblie null what others 〈◊〉 act and constitute how shall the people be certain of their Religion Twenty years hence another Assembly was upon new alterations anul all which this hath done and there shall be never any certain Religion settled Oath administred to the Scots against their Covenant The Scots false Paper which was burnt This Paper was contradictory to the 7. Articles of Pacification Arnndel testifies Pembroke testifies Salisbury testifies All the Lords concurre The Kings report The Scots excuse concerning this Paper They pretend that verbal grants made the King contradict the signed Articles A pretty conceit The disagreeing of these Notes shew there was no truth in it This is like the rest as if they themselves had not dispersed them They were coÌ„mon and therfore one was burnt and others called in They acknowledge this letter by the French king They did mediate with Denmark Sweden and Holland for their assistance and offered to Denmark the isles of Orkney and had agents at every place for that effect Multitudo peccatorum tollit sensum poenâ—m peccati Formerly the Scots account themselves a free Republick They forget another duty to our King It is not against the law of nations for any King to imprison and execute his own subjects Considerations upon the 7. Articles Obs. 160. Protestation of the Covenanters the Preface Prince Elector comes over Hist. p. 163. fleets of Spain and Holland engage Arundel sent aboard the Spaniards What was the Spaniards Design Lord Keeper Coventry dies Sir Iohn Finch succeeds Reading at the Temple He is silenced and questioned Answer Scots Commissioners return Hist. p. 167. Hist. p. 167. The matter concluded at the Private Iunto The King resolves of a Parliament in England and anothâ—â— to be iâ—â—â—â—â—land Ob. p. 167. The Iunto subscribe to lend mony and so afterwards do all others herein mistaking those Obs. p. 170. Hist. p. 170. The grand Design In England he means The Earl and Countess had no such interest The King never thought so What execution doth he mean Of Nidsdale he means This was a false Parenthesis and injurious to the late King and his blessed memory and the rest of this Paragraph an idle conceit It was proved he never was there There were these men and pâ—aces but upon exâ—mination the matter but devised Unlikely Never taught any Religion Hist. p. 181. Obs. p. 171. Hist. of Qu. of Scots and K. Iames. 1640. Proeme Anno 1640. Parliament beigns the thirteenth of April Hist. p. 183. Parliament dissolved the 5. of May. Obs. p. 174. Convocation sit still Hist. p. 184. Bishops impose an Oath Hist. p. 185. Obs. p. 189. Hist. p. 186. Obs. p. 166. The entrance and original of all our Troubles Lambeth house beset by Puritans A Jovento of Council L. L. See L. L. of Ireland L. Admiral L. L. See L. L. of Ireland Lord Arch-bishop Lordâ— Archbishop of Canterbury L. Cottington L. L. See L. L. of Ireland London Derry in Ireland English Army ready Henry Duke of Glocester born Proclamation against the Rebells The King goes into Scotland At Newburn defeat New-castle deserted Hist. p. 189. Scots Petition Scots â—â—mands Anno 1640. Petition of the city of London The Kings speech to the Peers A meeting resolved Treaty at Rippon thus concluded Earl of Montross forsakes the Covenanters in private A Parliament resolâ—ved upon an ominous day Nov. 3. Obs. p. 208. The King in prudence calls this Parliament His excellent Book Eikon Basilike Eikon Basilike Chap. 1. of calling the Parliament Obs. p. 209. See Hist. Qu. of Scots and K. Iames in Folio Parliament sit The Kings Speech to the Lords Petitions against Grievances Pym 's Speech 1. Grievanceâ— of Religion in Popery Grievance 2 of Religion in Popary Innovations 3. Liberty of Persons and Estates Grievance 4. Compositions for Knighthood Sâ—ap Ship-money Inlargments of forrests Selling of Nusances Commissions for buildings Depopulations Military charges Muster-master his Wages Extrajudicials Monopolies countenanced by the Council-table Star-chambet The Kings Edicts and Proclamations Abuse of Preachers Intermission of Parliaments Lord Dighy's Speech Laws executed upon Recusants Monopolies voted out of the House Lords Pockets searched The Lieutenant of Ireland impeached of High-Treason Obs. p. 211. His condition examined Parliament borrow money of the City Bishop of Lincoln enlarged Hist. p. 217. Justice Howard killed by a Papist Prin and Burton return from durance Sir Francis Windbanck gets away Votes against Ship-money Ob. p. 218. London Petitioneth the late Canons denounced Obs. p. 220. Arch-bishop of Canterbury impeached See Obs. p. 216. and committed to custody Scots Covenanters charge against the Arch-bishop of Canterbury December 17. the Scots Charge against the L. Lieutenant of Ireland Money voted for the Scots Lord Keeper Finch his Speech to the Commons House Voted flyeth 〈…〉 〈◊〉 against Goodman the Priest The Kings Answer 〈…〉 The Scots affairs 1. Demand Answer 2. Demand Answer 3. Demand Answer 5. Demand Answer 6. Demand Answer 7. Demand Answer
vote a war Oâ—hers dissent The State of the Scots Army come to Carlisle Summons Lambert by Letter Lamberts Answer Scots come to Penreath and engage Tinmouth Castle revolts and is retaken Lord General Cromwel comâ— against the Scots Scots Army defeated and how Capiâ—â—lâ—te and yield upon Articles Cromwel improves his success Hamilton taken and others Several Armies in Scotland Lieu. General Cromwel's Declaration in Scotland Scots Nobility contract with Cromwel And conclude in amity upon conditions Scots Armies disbanded Cromwel is caressed in Scotland The Prince of Wales his flight The States of Scotland invite the Prince thither Parliaments Vice-Admiral Batten goes to the Prince Colchester siege resolutely defended They capitulate by Letters Answer Lucas and Lisle shot to death The list of their prisoners Distempers in the Kingdom Petitions from all parts for a Treaty of Peace Voted to send to the King for a Treaty The Princes Letter to the Lords The Kings Message in Answer to the Votes and a Treaty Other Votes of the Parliament sent to the King His answer Commissioners to treat for the Parliament The King and his fast and pray Four Bills or demands Parliaments Propositions The Commissioners tyed up to conditions The Kings concâ—ssions in most things Propositions answered Concerning Ormond Earl of Norwich and Lord Capel impeâ—â—â—ed Arrears of the Army demanded Parliament Voâ—e payment New Judges and Serjeants at Law Petitions against the King and Treaty A large Remonstrance of the Army Hamond delivers the King to Col. Ewers Armies Declaration They come to White-hall Four Queries of the King concerning his Tryal The Kings Declaration concerning the Treaty The King is seized by the Army Divers Members seizâ—d by the Souldiers Agreement of the people Exceptions Vote against Vote Eikon Bas. cap. 28. The King brought to Windsor The Charge against the King The Queen writes to the King and General Votes of the Commons The Lords dissent Votes of the power of the Commmons house Proclamtaion for any to accuse the King New great Seal The Scots dissent The King brought to St. Iames's Form of the High Court of Justice The Lords and others against the Vote for Tryal The Scotish Declaration against the Kings Tryal Scots private instructions concerning the King The Actors proceeding The place of the Court of High Justice The Kings first Tryal The King accused Demurs to Authority of the Court and proves his Title successive not Elective Second Tâ—yal A Pre-Order in case the King will not answer The King interrogates their power and offers his reasons in writing The President prevent him with insolent rebukes Third dayes Tryal Saturday Tryal and Sentence The King râ—fuseth to Answer but before the two Houses of Parliament Presidents Speech The King not suffered to reply His Sentence Which the Tryers approvâ— The Kings Reasons against the jurisdiction of the Court a Hereabout I was stopt not suffered to speak any more concerning reasonâ— The King is abused by the Souldiery Hindered in his devorion and prayers The Committee order his Execution Ambassadors sue in the Kings behalf He is conveyed from St. Iames's to the Scaffold Passes to the Scaffold The King upon the Scaffold defends his innocency Howbeit he acknowledgeth Gods justice Pardons his enemies Takes pitty on the Kingdom Errours of the Faction How they may return to peace He praies Professes to dye a Christian according to the reformation of England He prepares to his death He is killed Reliques of the Kings death His body imbowelled His admired Book and Papers His Character only to be glanced at The Kings children The Kings Letter to the Prince of Wales
monies thereto for maintenance may be as the Parliament shall think fit The like for Scotland An Act for setling all forces by Sea and Land in Commissioners to be named by Parliament and as both Kingdoms shall confide in and to Suppresse all powers and forces contrary hereto and to act as they shall be directed by Parliament So for the Kingdom of Scotland That the Militia of the City London and of the Parishes without London and the Liberties within the weekly Bills of Mortality be in the Lord Mayor Aldermen and Common-council That the Tower of London may be in the Government of the City and the Chief Officers those be nominated and removable by the Common-council That the Citizens or forces of London may not be drawn out of the City without their own consent and that the example in these distracted times may be no Precedent for the future The next three dayes began the 7. of February and the same was also taken up again Feb. 18. for other three dayes for Ireland That an Act of Parliament be passed to make void the Cessation of Ireland and all Treaties of the Rebells without Consent of Parliment and to settle the prosecution of the War of Ireland in the Parliament to be managed by the joynt advice of both Kingdoms and his Majesty to assist and to do no act to discountenance or molest them therein But the Kings Commissioners were so far from yeilding to this Proposition that they had intimation from the King how he was ingaged for Ireland having two dayes before in great earnest writ to hasten the Peace in Ireland in these words Ormond I cannot but mention the necessity of hastning the Irish Peace But in case against all expectation and reason Peace cannot be had you must not by any means fall into a new rupture with them but continue the Cessation c. for a year for which you shall promise them if you can have it no cheaper to joyn with them against the Scots and Inchequin for I hope by that time my condition may be such as the Irish may be glad to accept lesse or I be able to grant more 16 February 1644. Oxford By those Letters the mystery is opened why the King is so violent for Peace with the Irish but this was tenderly treated by the Kings Commissioners and well they might be willing to shadow these designs if they were acquainted with the bottom which few could fathom In general the Kings Commissioners had upon the matter of the Parliaments Propositions consented unto many particulars and alterations of great Importance and complain that the other have not abated one title of the most severe of their Propositions nor have offered any prospect towards Peace but by submitting totally to those Propositions which would dissolve the Frame of Government Ecclesiastical and Civil In the matter of Religion the Kings Commissioners offered all such alterations as they conceived might give satisfaction to any Objection that hath or can be made against that government with their reasons why they cannot consent to the Propositions but if consented unto could not be in Order to Reformation or publique Peace And though in the Parliaments Covenant enjoyned to be taken by the King and all his Subjects they undertake the Reformation in Government and in Doctrine too thereby laying an imputation of Religion it self yet the Parliaments Commissioners have not given the other the least Argument nor the least prejudice to the Doctrine of the Church of England Nor given any view in particular of what they would propose to be abolished And therefore the Kings Commissioners offered That if the Articles proposed by them did not give satisfaction that then so great an alteration as the total abolishment of a Government established by Law may for the imparlance of it and any reformation in Doctrine for the scandal of it be suspended till after the Disbanding of all Armies the King may be present with the Parliament and calling a National Synod may receive such advice both from the one and the other as may be necessary and as any Reformation thus calmly made must needs prove for the singular benefit so whether the contrary that is an alteration even to things though in themselves good can by the principles of Christian Religion be enforced upon the King or Kingdom In that of the Militia Though the Parliaments Commissioners did not deny that the apprehensions of danger are mutual and that the chief end of depositing the Militia into the hands of certain persons is for securitie against possible dangers Yet they did insist that those persons should be nominated by the Parliaments of England and Scotland and that the time of that great unheard of Trust shall be in such manner that though it seems limited for seven years yet in truth it shall not be otherwise exercised then as the King and Parliament shall agree and he may thereby be totallie divested of the Sword without which he cannot defend himself from Foreign or Domestick or protect his Subjects Add to all that Scotland professing distinct and different Laws shall yet have a great share in the Government of this Kingdom Instead of consenting to these Changes the Kings Commissioners proposed That the persons to be Trusted with the Militia may be Nominated between them or that an equal number the one half by the King the other by the Parliament and all those to take Oath for the due discharge of that Trust so their securitie being mutual neither can be supposed to violate the agreement the whole Kingdom being eye-witnesses of the failing And as it is reasonable that for this security the King parting with so much of his own power as makes him unable to break the Agreements so it is most necessary when the apprehension of all danger of that breach be over that then the Soverain power of the Militia should revert and be as it hath alwaies been in the Kings proper Charge And therefore the Kings Commissioners proposed that the Trust should be for three years a time sufficient to produce a right understanding of both sides and if any thing else material may be necessary to be done that the same may be considered after the Peace setled But in all that this Kingdom may depend of it self and not of Scotland as Scotland shall without advice of this Kingdom Concerning Ireland The Parliaments Commissioners proposed that the King Nul this Cessation made by Royal Authority The Lords Justices and Councels desires and for the preservation of the remain of the poor Protestants there from Famine and Sword And to put the whole War Militia and Government of Ireland into the hands of the Scots General by advice of a Ioint Committee of both Kingdoms wherein each to have a Negative voice To which the Kings Commissioners acquainted them with the just Grounds of the Kings proceedings in that businesse of Ireland which they conceived might satisfie all men of his
Pietie and Iustice therein And offered to joyn in any course for the good of that Kingdom These being the Particulars it will be considerable how far these Propositions trench upon the Kings rights without any considerable compensation First In that of Religion The Parliaments Commissioners proposed the taking away his whole Ecclesiastical Jurisdiction his Donations and Temporalities of Bishopricks His first Fruits and Tenths of Bishops Deans and Chapters instead whereof the Parliaments Commissioners did not offer to constitute the least dependance of the Clergie upon the King And for this considerable a part of his Revenue they proposed only the Bishops Lands to be setled on him reserving a power even in those Lands as the Parliament shall think fit whereas all the Lands both of Bishops Deans and Chapters if those Corporations must be dissolved doe undoubtedly belong to the King in his own Right And for the Militia as it is proposed The King is so totally divested of the Regal power of the Sword that he shall be no more able either to assist his Neighbour Allies though men were willing to engage therein or to defend his own Dominions from Rebellion or invasion and consequently the whole power of Peace or War the undoubted right of the Crown is taken from him And so for Ireland The power of nominating his Deputy or Officers there of managing or the least medling in that War or making Peace is thereby taken from the King Nay it was proposed to bereave him of the power of a Father Education or Mariage of his own Children and of a Master in the rewarding of his own Servants And it was observed to the Parliaments Commissioners That after a War of neer four years for which the defence of Religion Property of Subjects and Priviledges of Parliament were made the Cause should be treated and concluded in 20. daies the time limited by the Parliament Nor indeed in all the Treaty there hath not been offered to be treated concerning the breach of any Law or of the property of the Subject or priviledge of Parliament but only Propositions for altering a Government established by Law and for the making of new laws by which almost all the old are or may be cancelled and there was nothing insisted on of the Kings Commissioners which was not Law or denied that the other Commissioners have demanded as due by Law And for conclusion of all which we conserve for the last place the Kings Commissioners being agast at the others sudden Declaration of no more time to Treat besought them to interpose with the Parliament that this Treaty may be revived and the whole matters not treated on may be considered and that depending the Treaty to the end they may not Treat in blood there may be a Cessation of Arms and the miserable people may have some earnest of a blessed peace And because they cannot give a present Resolution they are desired to represent all to the two Houses and that the King may have their speedy Answer So then in all the fore-recited passages it may easily be observed First the Parliaments Indisposition and Aversion from Treating Secondly their Impotency and Qualification of their Commissioners to Treat Thirdly their Expostulations and Demands in the Treaty And lastly their Obduration against all Enlargement Prorogation or Reviving of the Treaty The King complaines of what is come to pass the fruitless end of this Treaty that his Commissioners offered full measured Reasons and the other Commissioners have stuck rigidly to their demands the same with their former propositions which had been too much though they had taken him Prisoner and transmitted the command of Ireland from the Crown of England to the Scots which shewes that Reformation of the Church is not the chief end of the Scotish Rebellion But it being in him presumption and no piety so to trust to a good cause as not to use all lawfull means to maintain it Therefore he gives power to the Queen in France to promise that he will take away all the penal laws against the Roman Catholicks in England as soon as he shall be able to do it so be he may have assistance the visible necessity of his affairs so much depending on it the ill effect of the Treaty enforcing And professes in these words I look saies the King upon the way of Treaties as a retiring from fighting like Beasts to arguing like men whose strength should be more in their understandings then in their limbs And though I could seldome get opportunities to Treat yet I never wanted either desire or disposition to it having greater confidence of My Reason then my Sword I was so wholly resolved to yield to the first that I thought neither my self nor others should need to use the second if once we rightly understood each other Nor did I ever think it a diminution of me to prevent them with expresses of my desires and even importunities to Treat It being an office not onely of humanitie rather to use Reason then Force but also of Christianitie to seek peace and ensue it As I was very unwillingly compell'd to defend my self with Arms so I very willingly embraced any thing tending to peace The events of all VVar by the Sword being very dubious and of a Civil VVar uncomfortable the end hardly recompensing and late repairing the mischief of the means Nor did any success I had ever enhance with me the price of Peace as earnestly desired by me as any man though I was like to pay dearer for it then any man All that I sought to reserve was mine Honour and my Conscience the one I could not part with as a King the other as a Christian. The Treaty at Uxbridge gave the fairest hopes of an happy composure had others applied themselves to it with the same moderation as I did I am confident the War had then ended I was willing to condescend as far as Reason Honour and Conscience would give me leave nor were the remaining differences so essential to my peoples happiness or of such consequence as in the least kinde to have hindered my Subjects either security or prosperity for they better enjoyed both many years before ever those demands were made some of which to deny I think the greatest Iustice to my self and favour to my Subjects I see Iealousies are not so easily allaied as they are raised Some men are more afraid to retreat from violent Engagements then to Engage what is wanting in equity must be made up in pertinacie Such as had little to enjoy in peace or to lose in war studied to render the very Name of Peace odious and suspected In Church-affairs where I had least liberty of prudence having so many strict ties of Conscience upon me yet I was willing to condescend â—o far to the setling of them as might have given fair satisfaction to all men whom Faction Covetousness or Superstition had not engaged more then any true zeal charity or love of