Selected quad for the lemma: justice_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
justice_n peace_n power_n statute_n 3,508 5 8.3236 4 false
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A62144 A compleat history of the life and raigne of King Charles from his cradle to his grave collected and written by William Sanderson, Esq. Sanderson, William, Sir, 1586?-1676. 1658 (1658) Wing S646; ESTC R5305 1,107,377 1,192

There are 20 snippets containing the selected quad. | View lemmatised text

of those Times see the boldness of some particulars Reading at the Middle Temple the Lent Vacation February 24. by Master Bagshaw making his choice of the Statute 25 Edward 3. cap. 7. He had intended he said to meddle with Prohibitions but not with Tacitus to follow Truth too near the heels for fear of his teeth nor too far off lest he lose it and so neither to offend nor to be offended Dividing his Matter into ten parts for ten Days and every Day into ten several Cases I shall oney insist upon such as then became the common discourse then but misreported His first Case thus Whether or no it be a good Act of Parliament without assent of the Lords Spiritual He for the Affirmative proved thus First that they sit not as Bishops but as Baronies annexed to their Bishopricks 5 William 1. and all of them have so save the Bishop of Man and he is not called Ergo Secondly he proved some Parliaments held without any Bishops at all Kelway's Reports 7 Henry 8. fol. 184. that the presence of Bishops are not necessary Thirdly that divers Acts have been made when they were present and would not consent as the Act of Conformity 1 Edward 6. and Supremacy 1 Eliz. Fourthly that if at any time of Parliament they should dis-assent yet the major part of Barons concluding and the House of Commons concurring the Act shall pass because their Voices are over-ruled by the major of Barons Fifthly that the Bishops cannot sit in case of Bloud in Iudicature but they may sit to assist to enact Laws but not to give assent for Execution of them in case of any Murder or Bloud His second Case thus If any beneficed Clerk were capable of temporal Iurisdiction at the time of making that Law He held the Negative point and these his Proofs First the first that ever were made Iustice of Peace or had power in temporal Iurisdictions were the Bishops of Durham and York 34 Edward 3. nine years after the same Act so not a principio but a tempore Secondly before the Statute of Conformity 1 Edward 6. the Clergy were never put in Commission for temporal and the reason why they were then admitted was to perswade the People to Conformity not to give sentence against them Thirdly if they conceive in conscience because they have spiritual calling therefore not to meddle in temporal causes then they may refuse it for they are never desired nor put in Commission but at their own suit so then they may either refuse or be allowed as their desires affect His third Case thus Whether a Bishop without calling a Synod have power as Diocesian to convict an Heretick And so he maintained he could not His Reason thus That albeit by the bloudy Statute of 2 Henry 4. some supposed grounds may be raised for maintenance of that authority yet it is not full and besides which is the main reason the Commons did not assent to the making of that Law for he had searched the Records and found that Act onely past by consent of the Lords Spiritual and Temp●ral and the Commons never mentioned therein Some other Matters he held in point of Law and had he gone forward he would have delivered his opinion both of the High Commission and Prohibition as is conceived but he was commanded silence and within two Days after he repaired to the Lord Keeper carrying with him the Heads of Argument which the Lord Keeper said was good Law but not seasonably delivered And told him that as he was prohibited by the King from his Reading so he must be set at liberty again by his Majesty and advised him to move the Archbishop of Canterbury for his Proceeding After the Reader had been twice at Lambeth without admittance the third time he spake with the Arch-bishop there who told him he had fallen upon an unfit subject and in an unseasonable time and that it would stick closer to him than he was aware of He answered that he had not done it of any evil intentions neither had he taken this resolution of late time but that above two years ago when he knew he must now perform the Exercise he then made choice of that Statute and untill within these twelve Moneths he never heard of any opposition against the Prelacy and thinking the same that was moved against them in another Kingdom nothing concerned this therefore he conceived no offence would have been taken by it and for him to have altered the frame of his Reading specially before this time he should have disappointed the House and wronged himself in his studies Profession and Practice in regard he would not have been able in so short a time to have performed so great a Task as that was His Lordship answered that perhaps he had been better have given it quite over at the first than to suffer that by it which he was like to do The Reader replied that what he had delivered was good Law and he was able to maintain it and would stand by it and hoped he needed not fear any mans power in regard his cause was lawfull and warrantable but he humbly desired his Majesties leave to finish what he had begun He was answered that his Majesty had otherwise resolved of it This Reader went out of Town on Friday the sixth of March accompanied with fourty or fifty Horsmen in very good credit and applause of the House in which he is a Member to this instant time The Scots Commissioners lately here having done their arrand and thereby settled a resolution in this State to have a narrower search into their national actions returned home to Edinburgh that same night the nineteenth of November that a great part of the Castle wall fell to the ground with the Canons mounted as if undermined and to be surprized by an Enemy which so dayly they supposed was done by design of treachery to them who were all Traytors themselves But recovering their fears and Jealousie this time was calculated to be the just Anniversary of the Kings birth day the nineteenth of November 1600. just thirty nine years since and so they turned the accident to an ominous presage of the ruines of the Kings design now in hand against their Idol Covenant yet the more subtiler sort made a better use and more politique for the King having commanded the Lord Estrich Colonel Ruther and the commander of the Castle to order the reedifying the Covenanters withstood those appointed not permitting any materials to be carried in for repaire this was the highest in dignity and signified their resolution not to be mastered To which the King gave suddain apprehension concluding upon force to bring them to obedience And therefore he drawes out a select choyce of his Council into the Cabinet for the Scotish affaires and indeed directly to cashier such the most especially as were light headed and as the Arch Bishop is said to nickname them Hunting Lords
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 Doctor● Lake Bishop of Bath and Wells on the other His train six yards long of Purple●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 Bishop●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 Arch● 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
Reprobates and therefore believes our Churches regeneration is by infusion of Grace by sowing the good seed But to answer him in this Let all Christians religiously pray and live according to the grace of Restitution and humbly submit their judgements concerning the secresie of personal Election and so this man sins against the 17. Article 4 The Anabaptist His purenesse is a supposed birth without Original sin and his Tenet that Infants must not be baptized and this believer opposeth the 9. and 27. Articles 5. The Brownists purenesse is to serve God in Woods and Fields and his opinion is that Idolatry cannot be reformed without pulling down of Churches Christ indeed whipt the buyers and sellers out of the Temple though it was prophaned yet without any pulling down and this man is against the 35. Article 6. Loves familist serves God as well at his neighbours charge as at his own omnia sunt communia the things which they possesse are not their own but all are Common He teacheth that unlawful swearing is worse than murther and this is against the 39. Article 7. The Precisian will not swear before a Magistrate That unlawful swearing is a greater sin than murther God indeed is greater then man here is the compare but then the effect destructive is greater by murther God commands that the murtherer die blood for blood he deals not so severely with the swearer See the 39. Article 8 The Sabbatarian preaches down Holy dayes preaching that the Instrumental directing cause to keep holy the sabbath day he makes to be the keeping holy the sabbath But Gods holy Worship prayer is keeping holy the sabbath day for preaching the holy direction teacheth holy worship prayer to be the holy practise of that day to praise the Lord for our Redemption the sole principal end of preaching on the Lords day His preaching is a Sylva synonymorum Tautologies Iterations His praying much erroneous and this is against the 35. Article 9. The Anti-disciplinarian is above the Kings supremacy Imperious Imagination his highnesse is the Churches greatest Authority and he saith this is as good a rule to know the reformed true faith is the holy Writ He is a strict observer of the Law therefore he accounts it the best Religion His tenet is That Kings must be subject to the Puritan To the Puritans Presbyters Censure submit their Scepters throw down their Crowns lick up the dust of their feet This Mr. Rogers in his eleventh page of his Preface to the 39. Articles And T. Cartwright teacheth in his Reply page 1080. And here the Oaths of Supremacy and Allegiance are broken against the 21. Article His tenet that all Priests should be equal See Varellus and Vivetus sermons two Geneva Presbyters against the ●3 33. and 36. Articles and against the twentieth Article 10. The presuming Predestinatist hath an inspired knowledge to be saved by Gods absolute Election as sure as it were now in Heaven no life in him but Gods essential glory against the 17. Article and the 3. Article Thus was it then amongst us Reformed and since it hath increased ten times worse But the Papist is not clear from Crimes schismes and sins The contest between Iesuites Priests and Secular Priests have evermore their debates and now grounded upon this occasion Richard Smith titular Bishop of Calcedon his honour there in Greece but his profit from England over all the Romish Catholicques especially for ordaining of Priests and confirmations of persons Baptized But when he came hither we cannot finde till now we have caught him here Yet Pope Gregory the thirteenth delegated one William Bishop to Calcedon who died 1624. After him succeeded another by Mission of Urbane the eighth 1625. this Richard Smith to the same Title But why to a foreign Title and not at as easie a rate to English as in Ireland he had to all Sees there the reason is He had in Ireland a Counter-party of People for Number and Quality in every Diocesse and Parish not so in England where it had been ridiculous in the Granter and dangerous in the Accepter To oppose his power up starts Nicholas Smith a Regular in malice to his advancement and quarrelled also against Doctor Kelson President of the Colledge of Doway who had printed a Treatise of the dignity and necessity of Bishop and secular Clergy Nicholas Smith's Reasons were for the Regulars first such Bishops uselesse in England in times of persecution Either for Ordination which might be supplied by foreign Bishops Or Confirmation of children which any Priest might perform by Commission from the Pope Secondly Burthensom to the already pressures of the English Catholicques And Thirdly the Person of Calcedon not lawfully called Kelson undertakes Answers to all these and the Insolency of the Regulars seemed more secular And indeed the Irish Regular exceeded such in England maintaining That the superiours of Regulars were more worthy than Bishops which caused the Doctors of Sorborn in Paris to censure the Proposition and the Arch-Bishop of Paris to condemn Nicholas Smiths Book and other Tractates of that sense But Bishop Smith would take upon him to approve of such Regulars Priests as were to be constant Confessors which the Jesuites opposed as an usurpation upon them And being the better Polititians contrive a Declaration under the name of the most noble and eminent Catholiques against his pretended Authority which Declaration was offered to the Spanish Ambassadour Don Carlos de Coloma together with the Kings Proclamations to ferret his person He declined both his power and presence to seek safety in France The Bishop fled the dogs bark Knot vice provincial of the English Jesuites and Flood another of St. Omers undertake him and Kelson also but were censured and silenced though not their several factions unto this day But this bickering is lodged under the product of the peace with Spain as if to encourage the Catholiques to rant it in Ireland also towards a Toleration The Lords Justices at Dublin at Church in one Parish the Priests at Masse in another who were seized by the Arch-Bishop and Major and all the City Officers their Trinkets taken away Images hewen down the Priests and Fryers delivered up to the Souldiers and yet rescued by the people from whom a strong power enforced them and eight Popish Aldermen clapt in prison for being remisse to attend their Major upon which mis-behaviour and mutiny fifteen Houses were seized to the Kings use and the Fryers and Priests persecuted and Two of them to save publique Execution hang'd themselves in their hose-garters The Earl of Essex would needs try Mastery with a fresh Mistresse being over born by his first Wife as their story is truly told in the life of King Iames 18. years since He then but a stripling but ever since getting strength and being falsely fram'd for Martial Exploits in the Low-Conntries where he Disciplin'd himself but without any high renown or feats of Arms or any extraordinary
execut●●● 〈◊〉 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 subverte● 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 ●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 mee● 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 Tyr●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 Iusti●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 ●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 A●rand the neglect of the Law made the very English 〈◊〉 Irish which now counts them to be civil English The ●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
this Victorious General divide their great Body into flying Armies carrying on an offensive War up and down where they pleased for Norlington forthwith surrendred the Duchy of Weitemburgh soon submits and their Duke flies to Strasburgh The Emperour sufficiently recovering his Eagles Plumes formerly obscured by the Septentrional Mars And yet to shew to the world reason and right from the difference of contraries The one would have War in the continuation of Conquest But the Emperour declares his desire of peace even in Victory They would carry on all with violence He to restore all to the first owner by a moderate accommodation And truly so it was offered by the King of Hungary to the Duke of Saxony and the other Prince which was afterwards the next year accepted for a while until the French Flower de Luce with her Odour marred the scent of the sweet smelling Frankincense In which time the Cardinall Infanto took time to visit his Government in Flanders The aid of Ship-money had set out one Fleet for securing of the Narrow-Seas this summer under Command of the Earl of Lindsey not the Earl of Northumberland till next year with fourty gallant Ships the third of May and the Earl of Essex his Vice-Admiral with twenty sail And being abroad at Sea the King resolves to continue his designe for the future with formidable Fleets annually and so it was thought convenient to lay the charge of Ship-money universally upon all Counties And therefore the Lord Keeper had command to direct the Judges of Assizes in their Circuits for the promoting of the Writs which were to Issue out for the next year which he did at the usual Assembly of the State in Star-chamber the end of Midsummer term the seventeenth of Iune to this effect My Lords the Judges THe Term being ended you are to divide your selves to your several Circuits for the service of the King and the good of the subjects In the Terms the people follow and seek after justice four times in the year but in the Circuits Iustice is carried down to them for their ease twice in the year so gracious is the frame and constitution of the Kings Government It is the Custom that you receive directions as his Majesties or his Councel shall think seasonable to impart to you that no cause may be of complaint either for denial or delay of Iustice. Of the tryal of Nisi prius it moves in a frame if your Officers do their duties you cannot tread awry Look to the corruption of the Sheriffs and their deputies the partiality of Jurors A●d because the time of Assizes is very short therefore apply your selves to these particulars Amongst many I shall commend unto you first the presenting and convicting of Recusants those ●orfeitures being many years assigned for the publique defence Next to make a strict inquiry after Depopulations and Inclosures a Crime of a crying Nature robbing God of his honour and the King of his subjects Churches and Houses going down together the Freeholders hate them as oppressions of an high Nature bringing to posterity that Wo which is pronounced to those that lay house to house and field to field to dwell alone in the widest of the earth The next is the numerous erecting of Ale-houses the pest of the Kingdome none to be permitted without Licence a few in fit places according to Law The Iustices of peace are often to blame herein I did once discharge two Justices for setting up one Ale-house You are to see that the vagabonds shall be duly punished Constables Headboroughs and watchmen are to do their duties herein and these to be elected out of the better sort of Yeomanry There have been Presidents that the whole County hath been accountable to the King for the election of a faulty Coronor And if the Lords of Leetes were so punished for ill Constables the mischief would finde remedy And for binding of Apprentices in the Country the Iustices of peace are to execute their printed directions therein and you are to return the Names of the Iustices of peace to the Lords of the Councell that are faulty in their duties One thing more I have in charge to give you of great weight the honour of the King and Kingdom and their safety Christendom is full of wars the goodnesse of God to us that we are in peace and plenty It is a good precept in Divinity and holdeth in policie too Jam proximus ardet which if well observed it would warn our Neighbours to ● stand upon our own Guard Not to be enforced to fight and therefore to arm our selves better then not to arm and to be forced to fight providence being better than necessity The king therefore hath commanded all Land forces to be in readiness and hath set to sea a Royal Fleet not all at his own charges but also with the assistance of the Maritan places of the Kingdom And his Majesty hath vouchsafed by his Writs to declare enough to satisfie well minded men and to expresse the clearnesse of his princely heart in ayming at the general good of all The dominion of the sea as it is the ancient and undoubted right of the Crown so it is the best security of this Land and all good subjects will endeavour that the dominion of the Sea may be preserved not to be lost or deminished The Woodden Walls are the best walls of the Kingdom and if the Riches and wealth of the Nation be respected for that cause the dominion of the Sea is to be preserved else what would become of our Woolls Lead and the like the prizes would fall to nothing if others should be Masters of the Sea There is a Case in the Book of Assizes 43. That certain men went down into the Countrey and reported there that no Wooll should passe over Sea that year which occasioned the Woolls so low prized that the men were questioned and fined what then may follow in the losse of the dominion of the Sea in all our Commodities but losse of Trade Therefore as his Majesty thought fit to set forth that Fleet now upon the sea so he being ingaged for the honour of himself and Kingdom to strengthen this with greater Forces and more shipping therefore he upon advice is resolved to send forth new Writs for the preparation of a greater Fleet the next year not onely to the maritime Towns but to the whole Kingdome as wholly interessed in the benefit And that you the Iudges are commanded in your charge at the Assizes and at all places opportunely to acquaint the people of his Majesties care and zeal to preserve his and the Kingdoms honour in the dominion of the Sea by a powerfull Fleet and you are to let them know how just it is for his Majesty to require this for the common defence and with what alacrity and chearfulness they are bound in duty to contribute the best way to assure unto us a
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
but three Days before at Guild-hall satisfied most of these Particulars yet he was pleased to return them an Answer That he cannot possibly express a greater sense of Ireland than he hath done and hopes by assistance of the Parliament may be effected to which he will contribute all his power And he hath removed a Servant of good trust and reputation from the charge of the Tower onely to satisfie the Cities Fears whose safety is as his own And for the fortifying of White-hall they must needs know of the Tumult there and at Westminster his own person endangered and if any Citizens were wounded it happened by their own corrupt Demeanours That his going to the House of Commons with his Attendance onely nor otherwise armed but as Gentlemen with Swords was to apprehend those five Members for Treason to which the Privileges of Parliament can extend nor to Felony nor Breach of the Peace against whom his Majesty intends lawfully to proceed with justice and favour And is confident that this his extraordinary way of satisfying a Petition of so unusual a nature will appear to be the greatest Instance of his clear Intentions to the Citie c. And because the proceedings against the five Members as they are numbered besides Kimbolton begat much Dispute and willing the King was to retrive his former Actings therein is now pleased by M●ssage to both Houses to wave his former proceedings in reference to the Privileges of Parliament and all Doubts being thereby settled when the mindes of men are composed he will proceed thereupon in an unquestionable way and upon all occasions be carefull of their Privileges as of his Life or Crown But the House was hot upon it to dispatch the business to some issue and to that end the County of Bucks petition the King for Iohn Hambden their Knight of the Shire against whom and other Members in the manner of their Impeachment of Treason they conceive it to oppugn the Rights of Parliament being rather by the malice of their Enemies than their Deserts the Petitioners and others being through their sides wounded in their judgment and care by whose choice they were presented And pray that Master Hambden and the rest that ly under the burden or Accusation may enjoy their just Privil●ges But such increase and Numbers of ordinary people flocked tumultuously about White-hall and Westminster that the King Queen Prince and Duke of York were forced for security of their persons to ret●re to Hampton Court being necessitated to consider of sufficient Forces about his Court as a Guard To whose aid came divers of the Gentry giving some cause of suspition to increase into a Number which the Parliament jealously considered And therefore now the King being in better leisure takes some time before he gives Answer to the Buckingham Petition concerning the five Members who were guarded to Westminster by Water with hundreds of Boats Barges Flags of Triumph by the Seamen and a Rabble of such other by Land braving and threatning as they passed by Whitehall Hereupon occasion is given to offer to the view of the World what were the Kings Reasons to retire from Westminster by his own Relation With what willingness says the King I with-drew from Westminster let them judg who unprovided of tackling and victual are forced to Sea by Storm yet better do so than venture splitting or sinking on a Lee-shore I staied at White-hall till I was driven away by shame more than fear to see the barbarous rudeness of those Tumults who resolved they would take the boldness to demand anie thing and not leave either my self or the Members of Parliament the libertie of our Reason and Conscience to denie them anie thing Nor was this intolerable oppression my case alone though chiefly mine for the Lords and Commons might be content to be over-voted by the major part of their Houses when they had used each their own freedom Whose agreeing Votes were not by anie Law or Reason conclusive to my Iudgment nor can they include or carrie with them my consent whom they represent not in anie kinde Nor am I further bound to agree with the Votes of both Houses than I see them agree with the will of God with my just Rights as a King and the general good of my People I see that as many men they are seldom of one minde and I may oft see that the major part of them are not in the right I had formerly declared to sober and moderate mindes how desirous I was to give all just content when I agreed to so many Bills which had been enough to secure and satisfie all If some mens Hydropick insatiableness had not learned to thirst the more by how much the more they drank whom no fountain of royal bountie was able to overcome so resolved they seemed either utterly to exhaust it or barbarously to obstruct it Sure it ceases to be Counsel when not Reason is used as to men to perswade but force and terrour as to beasts to drive and compell men to assent to whatever tumultuarie patrons shall project He deserves to be a slave without pitie or redemption that is content to have the rational Sovereigntie of his Soul and Libertie of his Will and Words so captivated Nor do I think my Kingdoms so considerable as to preserve them with the forfeiture of that freedom which cannot be denied me as a King because it belongs to me as a Man and a Christian owning the Dictates of none but God to be above me as obliging me to consent Better for me to die enjoying this Empire of my Soul which subjects me onely to God so far as by Reason or Religion he directs me than live with the Title of a King if it should carrie such a Vassallage with it as not to suffer me to use my Reason and Conscience in what I declare as a King to like or dislike So far am I from thinking the Majestie of the Crown of England to be bound by anie Coronation-Oath in a blinde and brutish formalitie to consent to whatever its subjects in Parliament shall require as some men will needs infer while denying me anie power of a Negative Voice as King they are not ashamed to seek to deprive me of the Libertie of using my Reason with a good Conscience which themselves and all the Commons of England enjoie proportionable to their influence on the Publick who would take it verie ill to be urged not to denie whatever my self as King or the House of Peers with me should not so much desire as enjoin them to pass I think my Oath fully discharged in that point by my Governing onely by such Laws as my People with the House of Peers have chosen and my self have consented to I shall never think my self conscienciously tied to go as oft against my Conscience as I should consent to such new Proposals which my Reason in Iustice Honour and Religion bids me
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 Litu●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 ●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 Priv●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 ●omenting the Jealousie between the King and his People therefore upon the Desire of the King for that Letter to the Queen they send h●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 H●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 th●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 hav●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
and profitable Pasture Bogs Woods and barren Mountains cast in over and above in free and common Soccage of the King as of his Castle of Dublin Secondly that out of those Acres a constant Rent to be reserved to the Crown of England in this proportion Out of each Acre thereof in Ulster one penny Connaught one penny half penny Munster two pence farthing Lemster three pence Thirdly that for erecting Mannours creating Corporations regulating of Plantations Commissioners shall be impowred by Parliament Fourthly all Undertakers to subscribe before several Days prefixt in reference to the distance of abode from London Fifthly their Moneys to be paid into the Chamber of London at four payments viz. a fourth part in ten Days after subsigning and the third payment at thrice three Moneths Sixthly at subsigning to pay down the twentieth part of his total Sum and if he fail of his residue of the first fourth part within ten Days he shall forfeit the twentieth part of the total deposited and so much more of his fourth payment to be added thereto as shall make up the one Moiety of the said first payment And if he fail in any other of the three payments he shall then forfeit his entire first fourth part and all his Subscription to accrue to the common benefit of the rest of the Undertakers which the King confirms Febr. 26. And the Committee of Members issue out their Warrants We the Committee appointed to receive the Moneys given by the Members of the House of Commons for the Relief of the distressed that are come out of Ireland require you to send a Certificate of what Sums of Money are collected in your Parish and the Moneys to us who are appointed to receive the same It is marvellous what Contributions were gleaned from the people by the prevailing Incitements of the Ministers such whining for the distressed Brethren of Ireland what vast Sums collected at every Church-doors and paid and how disposed is yet very doubtfull but how much or little the Members themselves did contribute mine e●s were never witness nor could I ever learn The Parliament thus forward in power press the King to confirm the Ordinance of the Militia To which the King now returned to Greenwich sends this Answer commanding the Lord Keeper Littleton to see it read to the House of Peers Febr. 28. He first findes great cause to except against the Preface which confesseth a most dangerous Design upon the House of Commons supposed to be an effect of the bloudy counsels of Papists which some may understand by their printed Papers to be his coming in person the fourth of Ianuary to demand the five Members In which he had no other Design than to require them to justice without any intent of violation upon any person nor was there any provocation by any of his Train As for the Militia he is contented to allow the persons named for the Counties but concerning the City of London and other Corporations it can not stand with justice or policy to alter their Government in that particular but will grant to them such Comm●ssions as he hath done this Parliament to other Lieutenants or otherwi●e he shall do it than to have it first by some Law invested in him with power to transfer it to others and to be digested into an Act of Parliament rather than an Ordinance lest there be a latitude for his good Subjects to suffer under any arbitrary power whatsoever As to the time for continuance of that power he cannot consent to divest h●m●elf of the power which God and the Laws have placed in him to put it into the hands of others for an indefinite time And sin●● the ground of their Designs refers to their Jealousies and Fea● he hopeth that his grace to them since the former Exceptions ●s sufficient to expell any fear from former suspitions And since he is willing to condescend to all their Proposals concerning the County Militia onely excepting that of London and other Corporations which will be more satisfactory if the Parliament weigh it well than their own Proposals by an Ordinance to which for these Reasons he cannot consent And because he perceives that in some places some persons begin to intermeddle of themselves with the Militia he expecteth that his Parliament should examine the particulars thereof being of great concernment and consequence and to be proceeded against according to Law And now it working very high the King takes leave of these parts and progresseth to Theobalds declining this place and his Parliament Nor are they willing to stay him being that his absence would contribute to their intentions yet thither they follow him with a Petition rather to put him forward than to recall him Therein protesting that if his Majesty persist in the Denial of the Militia the Dangers are such as will endure no longer Delay but to dispose of it by Authority of Parliament and resolve so to do as it hath been by them propounded And that for the safety of his person and people in much Jealousie and Fear he will be pleased to continue his abode near London and the Parliament and to continue the Prince at Saint Iames's or any other Houses near London to prevent the Jealousies and Fears of the people That by the Laws of the Realm the power of the Militia of raising ordering and disposing thereof in any place cannot be granted to any Corporation by Charter or otherwise without consent of Parliament and that those parts of the Kingdom that have put themselves in a posture of Defence have done it by Declaration and Direction of Parliament March 1. The King so much confounded with the former pressing Petitions and this so peremptory to which no Answers have appeared satisfactory in much regret he suddenly replies under his own hand That he is so amazed at this Message he knows not what to answer You speak of Iealousies and Fears says he lay your hands to your hearts and ask your selves whether I may not in earnest be disturbed with Fears and Iealousies And if so I will assure you this your Message hath nothing lessened them For the Militia I thought as much before my last Answer being agreeable to what in Iustice or Reason you can ask or I in honour grant which I shall not alter in any point I wish my Residence near you might be so safe and honourable that I had no cause to absent my self from White-hall Ask your selves whether I have not I shall take that care of my Son which shall justifie me to God as a Father and to my Dominions as a King I assure you upon mine honour I have no thoughts but of Peace and Iustice to my People which I shall by all fair means seek to preserve relying upon the goodness of God for the preservation of my self and Rights This is such a style of Resolution they quickly proceed to Voting of all the particulars of their former Petitions and
as to a Bill for Education of their Children we have always wished it to be so and incourage you in it and we will do it The Reformation of Church-government and Liturgie we have sufficiently told you in our Answer to your Petition at Hampton Court Decemb. 1. To which they are referred As also in our first Declaration printed by advice of our Council and our Message of the fourth of February of all which we the more hoped of success because you seem now in this to desire but a Reformation and not as is frequently preached a Destruction of the present Discipline and Liturgie and we shall take care for preaching Ministers As to your Bills we can say nothing till we see them We would not have the Oath of all privie Counsellours and Iudges straitened to particular Statutes but to all Statutes of all Parliaments and shall willingly consent that an inquirie c. Therein we shall be most ready to joyn with the State of the United Provinces c. with our life and fortune if need require It was not our fault that an Act was not passed to clear Kimbolton and the five Members but yours that inserted such clauses in the Preamble and Act That no Member upon any accusation of Treason could be seized without consent of that House though the known Law be That Privilege of Parliament extends not to Treason And so how guiltie soever may have fair leave to run away and prevent his Trial. And concludes conjuring them and all men to rest satisfied with his profession and real intentions with some particular advises to them which he often hath hinted in most of his Answers And then to grant his general pardon c. If such an Answer as this proceeds from the advice and sufficiency of a few malignant Counsellours about the King when their nineteen Demands had been hammered out by labour and pains of a full Committee and then debated several days after we may rest satisfied that either the justice of the Cause easily carried on the consideration or that the Parliament party had the weaker pates And not onely is the King thus enforced to answer those above to the Parliaments Transactions but he is put to it to undeceive his Neighbours at Court the Commons of the County of York must be satisfied and therefore the King declares to them the Reasons of summoning the Gentry and not them That he never intended the least neglect unto them in any former Summons of the Countie his love excluding none And sums up to them the particular Reasons of his remove from White-hall enforced by Tumults as yet unpunished and securing himself here in their Countie on whose fidelitie he doth relie being to be used for the defence of the orthodox Religion professed by Queen Elizabeth the defence of the Laws and the peace of the Kingdom The Example of the Parliament having made him to prepare for a Guard so far from War as it serves onely to secure him and them His choice being of the prime Gentrie and of one Regiment of his Trained Bands never intending to use the force of strangers And these thus armed take the Oaths of Allegeance and Supremacie And intends to put the Trained Bands of all the Kingdom to be under persons of Honour and loyaltie to him and the Countie And all to protect them against oppressions and delusive fancies of such as presuming upon his royal Authoritie pretend by their Warrants to protect the people He intends to ease the Countie of their Trained Bands and Billet-money And shall make his grace and bountie to them answerable to their best fidelitie and loyaltie And now warlike preparations go on of both sides the Parliament most forward do order That all the Deputie Lieutenants of England and Wales that be not Members of the House of Commons be present at the several days and places of Training and Mustering the Counties and all Lords Lieutenants are ordered to dispatch their Warrants and Commissions accordingly and that some Members of both Houses shall be sent down to be present and to countenance the service June 4. Hereupon all the spare Lords that lookt for imployment are actively busied to repaire to the several Counties And henceforth Letters and avis●es from them to their favourites of both Houses are Posted to the Parliament of their vigilant services and the effects by wondrous appearance of the people then necessarily requiring the Parliaments Letters and Messages of thanks to them and to the Country together with Letters and submissions of the respective officers of each trained band to their right Honourable Lords Lieutenants acknowledging their indefatigable diligence herein and the tender of all their lives in the publique service which their Lordships are desired to commend to the knowledge of the supream Council of the Nation who must publish a grand Approbation of all which the others have don or shall do Then followes Resolutions upon several questions To provide for every County competent numbers of orders and Declarations of the House of Commons from time to time That every Minister Constable c. may have one of each How they shall be Printed how bundled up how transported so that a wonder it was how busily new Officers got imployments with such hurrying and posting up and down as if all this world were wilde for a war for now comes out Propositions and Orders of Parliament for bringing in of Money or Plate to maintain Horse Horsemen and Arms for the publique peace and defence of the King and both Houses of Parliament the tenth of Iune All the Northern Roads be searched by the Justices of Peace for seizing of Arms Ammunition of all sorts that are to be carried thitherward Then comes Intelligence from beyond the Seas by Letters from Amsterdam with a list of the number of Arms and Ammunition speedily to be furnished for the King upon jewels pawned by the Queen particularly mentioned and no doubt by him who was appointed by Her for that service But he prays that his own name may be concealed pour evitro de tiltre despiou though with zeal and ardour he professes he affects the good cause for which he is thus treacherous and being now dead I forbear to record to memory who he was The King provides Commissioners of Array and first to Leicestershire accompanied with his Letters to the Lords Lieutenants of the County Grounding his Commission on the votes of Parliament the fifteenth of March last That the Kingdom being in danger of Enemies abroad and a Popish party at home it is necessary to put the people into a posture of defence A small number of both Houses without the Kings consent or the opinion of the Judges have attempted by way of Ordinance to put in Execution the power of the Militia dispossessing such of the Nobility as He intrusted with the Command and ●ominated others of their own election and this design of theirs by a new way of Ordinance
his Forces within the Counties of Devon Cornwall Somerset Dorset Wilts Southampton Glocester Berks Oxford Hereford Monmouth Radnor Brecknock Glamorgan Carmarthen Pembroke Cardigan The Cities of Exeter Bristol ●locester Oxford Bath and Wells New Salisbury and Hereford The Towns of Pool Southampton and Havenport and of all the Trained Bands and others Voluntiers to march against the said Earl of Essex and his Complices and them subdue specially in behalf of the Town of Portsmouth the Isle of Wight and Southampton August 9. at York 'T is true that the King did what he could to answer them in Arms he being put upon the defensive part and so and not otherwise to oppose the Parliament As they began by Meetings and Mutinies they now proceed to the effects fighting upon which the King falls into a Soliloquy with himself thus I finde that I am says the King at the same point and posture I was when they forced me to leave White-hall what Tumults could not do an Armie must which is but Tumults listed and enrolled to a better order but as bad an end my recess hath given them confidence that I may be conquered And so I easily may as to any outward strength which God knows is little or none at all but I have a Soul invincible through Gods grace inabling me here I am sure to be Conquerour if God will give me such a measure of constancie as to fear him more than man and to love the inward peace of my conscience before any outward tranquillitie And must I be opposed ●ith force because they have not reason wherewith to convince me O my Soul be of good courage they confess their own weakness as to ●ruth and Iustice who chuse rather to contend by Armies than by Arguments Is this the reward and thanks that I am to receive for those many acts of grace I have lately passed and for those many Indignities I have endured Is there no way left to make me a glorious King but by my Sufferings It is an hard and disputable choice for a King that loves his People and desires their love either to kill his own Subjects or to be killed by them Are the hazzards and miseries of Civil War in the bowels of my most flourishing Kingdom the fruits I must now reap after seventeen years living and reigning among them with such a measure of justice peace plentie and Religion as all Nations about either admired or envied Notwithstanding some miscarriages in Government which might escape rather through ill counsel of some men driving on their private ends or the peevishness of others envying the publick should be managed without them or the hidden and insuperable necessities of State than any propensitie I hope of my self either to injuriousness or oppression Whose innocent bloud during my Reign have I shed to satisfie my lust anger or covetousness What Widows or Orphans tears can witness against me the just crie of which must now be avenged with mine own bloud For the hazzards of War are equal nor doth the Cannon know any respect of persons In vain is my person excepted by a Parenthesis of words when so many hands are armed against me with Swords God knows how much I have studied to see what ground of justice is alledged for this War against me that so I might by giving just satisfaction either prevent or soon end so unnatural a●otion which to many men seems rather the production of a surfeit of peace and wantonness of mindes or of private discontents ambition and faction which easily finde or make causes of quarrel than any real obstruction of publick justice or parliamentarie privilege But this is pretended and this I must be able to avoid and answer before God in mine own conscience however some men are not willing to believe me lest they should condemn themselves When I first withdrew from White-hall to see if I could allay the insolencie of the Tumults of the not suppressing of which no account in reason can be given where an orderly Guard was granted but onely to oppress both mine and the two Houses freedom of declaring and voting according to every mans conscience what obstructions of justice were there further than this that what seemed just to one man might not seem so to another Whom did I by power protect against the justice of Parliament That some men withdrew who feared the partialitie of their trial warned by my Lord of Strafford's death while the vulgar threatned to be their Oppressours and Iudgers of their Iudges was from that instinct which is in all creatures to preserve themselves If any others refused to appear where they evidently saw the current of justice and freedom so stopped and troubled by the Rabble that their lawfull Iudges either durst not come to the Houses or not declare their sense with libertie and safetie it cannot seem strange to any reasonable man when the sole exposing them to the publick odium was enough to ruine them before their cause could be heard or tried Had not factious Tumults overborn the freedom and honour of the two Houses had they asserted their justice against them and made the way open for all the Members quietly to come and declare their consciences I know no man so dear to me whom I had the least inclination to advise either to withdraw himself or denie appearing upon their Summons to whose Sentence according to Law I think every Subject bound to stand Distempers indeed were risen to so great a height for want of timely repressing the vulgar insolencies that the greatest guilt of those which were voted and demanded as Delinquents was this That they would not suff●r themselves to be overaw'd with the Tumults and their Patro●s nor compelled to abet by their suffrages or presence the Designs of those men who agitated Innovations and ruine both in Church and State In this point I could not but approve their generous constancie and cautiousness further than this I did never allow any mans Refractoriness against the Privileges and Orders of the Houses to whom I wished nothing more than Saftie Fulness and Freedom But the truth is some men and those not many despairing in fair and Parliamentarie waies by free deliberations and Votes to gain the concurrence of the majo● part of Lords and Commons betook themselves by the desperate activitie of factious Tumults to sift and terrifie away all those Mem●ers whom they saw to be of contrarie mindes to their purposes How oft was the business of the Bishops enjoying their ancient places and undoubted privileges in the House of Peers carried for them by far the major part of Lords Yet after five Repulses contrarie to all Order and Custom it was by tumultuarie Instigations obtruded again and by a few carried whe● most of the Peers were forced to absent themselves In like manner was the Bill against Root and Branch brought on by tumultuarie Clamours and schismatical Terrours which could never pass ●ill both Houses were
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 ag●●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
in the sight of Almighty God that I will not disclose nor reveale unto any Person or Persons whatsoever who is not a Commissioner any matter or thing that shall be spoken of during the Treaty by any one or more of his Majesties Commissioners in any private Debate amongst our selves concerning the said Treaty so as to name or describe directly or indirectly the person or persons that shall speak any such matter or thing unlesse by the consent of all the said Commissioners that shall be then living Memorandum That it is by all the said Commissioners agreed that this shall not binde where any ten of the Commissioners shall agree to certifie his Majesty the number of the Assenters or Dissenters upon any particular result in this Treaty not naming or describing the persons Upon the Kings former Message from Evesham Iuly 4. And his second Message from Tavestock Septem 8. and the consideration of the Parliaments late Propositions sent to the King at Oxford Novem. 23. which he Answered in the general the effect whereof produced an offer of the King for a Treaty so that at last it was assented unto and Commissioners appointed on all sides for the King and for the Parliament of England and the Parliament of Scotland to Treat at Uxbridge the 30. of Ianuary The day came and after eithers Commission was assented unto the Kings Commissioners complain against one Mr. Love who preached in Uxbridge to the people that very day Thursday Market day Telling them that the Kings Commissioners came with hearts full of bloud and that there is as great distance between this Treaty and Peace as between Heaven and Hell With divers other seditious passages against the King and his Treaty It was Answered that Mr. Love was none of their Train and that they would present this Complaint to the Parliament who will no doubt proceed in justice therein who was sent to the Parliament and slightly blamed but grew into so much favour with a Faction and therein very bold that we shall finde him hereafter a Traitor and sentenced to be hanged drawn and quartered but had the favour of the Ax. The observable end of many such in these times Commissioners pro Rege Duke of Richmond and Lenox Marquess of Hertford Earl of Southampton Earl of Kingston Earl of Chichester Lord Capel Lord Seamour Lord Hatton Lord Culpepper Sir Edward Nicholas Sir Edward Hide Sir Richard Lane Sir Thomas Grandure Sir Orlando Bridgeman Mr. Io. Ashburnham Mr. Ieffery Palmer Doctor Stuard Commissioners pro Parl. Earl of Northumberland Earl of Pembroke Montgomery Earl of Salisbury Earl of Denbigh Lord Wenman Mr. Hollis Mr. Pierpoint Sir Hen. Vane Iunior Mr. Crew Mr. Whitlock Mr. St. Iohns Mr. Prideaux Lord Loudon Sir Charles Ersken Scots Commissioners Mr. Doudas Mr. Brackley Mr. Henderson Then they proceed to their Order of Treaty 1. concerning Religion 2. Militia 3. Ireland But ere the Treaty began this Paper was delivered in to the Commissioners of Parliament from the other for reconciling all differences in the Matter of Religion and procuring a Peace we are willing 1. That freedom be left to all Persons of what opinion soever in Matters of Ceremony and that all the penalties of the Lawes and Customs which enjoyn these penalties be suspended 2. That the Bishops shall exercise no Act of Iurisdiction or Ordination without the consent and Councel of the Presbyters who shall be chosen by the Clergy of each Diocess out of the Learned'st and gravest Ministers of that Diocess 3. That the Bishop keep his constant Residence in his Diocess except when he shall be required by his Majesty to attend him on any occasion and that if he be not hindered by the Infirmity of old age or sickness he preach every Sunday in some Church within his Diocess 4. That the Ordination on Ministers shall be alwayes in the Publick and Solemn Manner and very strict rules observed concerning the sufficience and other qualifications of those men who shall be received into holy Orders And the Bishop shall not receive any into holy Orders without the Approbation and consent of the Presbyters or the Major part of them 5. That competent Maintenance be established by Parliament to such Vicarages as belong to Bishops Deans and Chapters out of the Impropriations according to their value of the several Parishes 6. That no Man shall be capable of two Parsonages or Vicarages with cure of Souls 7. That toward the setling of the Publick peace a hundred thousand pounds shall be raised by Parliament out of the estates of Bishops Deans and Chapters in such manner as the King and Parliament shall think fit without the Alienation of any of the said Lands 8. That the Iurisdiction in causes Testamentary Decimals and Matrimonials be setled in such a manner as shall seem most convenient by the King and Parliament And likewise that Acts to be passed for regulating of Visitations and against immoderate Fees in Ecclesiastical Courts and abuses by frivolous Excommunications and all other abuses in Ecclesiastical Iurisdictions as shall be agreed upon by King and Parliament And if the Parliaments Commissioners will insist upon any other things which they shall think necessary for Religion the Kings Commissioners shall very willingly apply themselves to the consideration thereof But no Answer was given thereto The Parliaments Commissioners paper concerning Religion That the Bill be passed for Abolishing and taking away of all Archbishops Bishops c. according to the third Proposition That the Ordinances concerning the calling and sitting of the Assembly of Divines be confirmed by Act of Parliament That the Directory for Publick Worship already passed both Houses and the Propositions concerning Church Government annexed and passed both Houses be Enacted as a part of Reformation of Religion and Vniformity according to the first Proposition That His Majesty take the Solemn League and Covenant and that the Covenants be enjoyned to be taken according to the second Proposition To this was annexed the following Paper That the ordinary way of dividing Christians into distinct Congregations and most expedient for edification is by the respective bounds of their dwellings That the Minister and the Church Officers in each Congregation shall joyn in the Government of the Church as shall be established by Parliament That many particular Congregations shall be under one Presbyterial Government That the Church be Governed by Congregational Classical and Synodical Assemblies to be established by Parliament That Synodical Assemblies shall consist both of Provincial and National Assemblies Which Papers suffered three dayes of the Treaty in dispute The next three dayes were ordered for the Militia and was afterwards resumed for other three dayes Propositions concerning the Militia 4 February We desire that the Subject of England may be Armed Trained and Disciplined as the Parliament shall think fit That the like for Scotland as the Parliament there shall think fit An Act for setling the Admiralty and forces at Sea and
Field but never I believe at the Bar of Gods Tribunal or their own Consciences where they are more afraid to encounter those many pregnant Reasons both from Law Allegiance and all true Christians grounds which conflict with and accuse them in their own thoughts then they oft were in a desperate bravery to fight against those Forces which sometimes God gave me VVhose condition conquered and dying I make no question but is infinitely more to be chosen by a sober man that duely values his duty his soul and eternity be yond the enjoyments of this present life then the most triumphant glory wherein their and my enemies supervive who can hardly avoid to be daily tormented by that horrid guilt wherewith their suspicious or now convicted Consciences do pursue them especially since they and all the world have seen how false and un-intended those pretentions were which they first set forth as the only plausible though not justifiable grounds of raising a War and continuing it thus long against me and the Laws established in whose safety and preservation all honest men think the welfare of their Country doth consist For and with all which it is far more honourable and comfortable to suffer then to prosper in their ruin and subversion I have often praied that all on my side might join true pietie with the sense of their Loialty and be as faithful to God and their own souls as they were to me That the defects of the one might not blast the endevours of the other Yet I cannot think that any shews or truth of pietie on the other side were sufficient to dispence with or expiate the defects of their Duty and Loialtie to me which have so pregnant convictions on mens Consciences that even profaner men are moved by the sense of them to venture their lives for me I never had any victorie which was without my sorrow because it was on mine own Subjects who like Absolom died many of them in their sin And yet I never suffered any Defeat which made me despair of Gods mercy and defence I never desired such victories as might serve to conquer but only restore the Laws and Liberties of my People which I saw were extreamly oppressed together with my Rights by those men who were impatient of any just restraint VVhen Providence gave me or denied me Victorie my desire was neither to boast of my power nor to charge God foolishlie who I believed at last would make all things work together for my good I wished no greater advantages by the War then to bring my enemies to moderation and my friends to peace I was affraid of the temptation of an absolute conquest and never praied more for Victorie over others then over my self VVhen the first was denied the second was granted me which God saw best for me The different events were but the methods of divine Iustice by contrarie windes to winnow us That by punishing our sins he might purge them from us and by deferring peace he might prepare us more to prize and better to use so great a blessing My often Messages for Peace shewed that I delighted not in War as my former concessions sufficiently testified how willingly I would have prevented it and my total unpreparednesse for it how little I intended it The conscience of my Innocencie forbad me to fear a War but the love of my Kingdoms commanded me if possible to avoid it I am guiltie in this War of nothing but this That I gave such advantages to some Men by confirming their power which they knew not to use with that modestie and gratitude which became their Loialtie and my confidence Had I yielded less I had been opposed less had I denied more I had been more obeied 'T is now too late to review the occasions of the War I wish only a happie conclusion of so unhappie beginnings The inevitable fate of our sins was no doubt such as would no longer suffer the Divine Iustice to be quiet We having conquered his patience are condemned by mutual conquerings to destroy one another for the most prosperous successes on either side impair the welfare of the whole Those Victories are still miserable that leave our sins unsubdued flushing our pride and animating to continue Injuries Peace it self is not desirable till Repentance hath prepared us for it When we fight more against our selves and less against God we shall cease fighting against one another I pray God these may all meet in our hearts and so dispose us to an happy conclusion of these Civil Wars that I may know better to obey God and govern my People and they may learn better to obey both God and me Nor do I desire any man should be further subject to me then all of us may be subject to God With this Paper all good men no doubt joyned hearts and hands for a blessing upon the intended Treaty of Peace which we refer to the next year being weary of this that now takes end Continuation of the Military Actions for the King in Scotland under Conduct of the Marquesse Montrose this year 1645. We left the last year at the Victorious Battle by Montrose against the Earl of Arguile at Campbells in the High-lands they being by this defeat loosened from the tyranny of Arguil● began to offer themselves more willingly to the Kings service Montrose refresheth his men here for a few dayes and measuring again Logh-Aber Hills and Westward to Logh-Nesse and by the way viewing Harrick Arnes and Marne came to the River Spey and passes to Elgin the chiefest Town of Minray beyond the Spey but the Enemy there fled at his aproach and he takes Elkin by surrender in February where the Lord Gordon Eldest Son to the Marquesse Huntley came openly with some choice friends and submitted to Montrose as the Kings Vicegerent who used him as an intire loyal friend Then he draws off his Army to raise the Counties of Ramgh and Aberdine and so with addition of men he now marched 2000. Foot and 200. Horse and passing the River Dee he came to Marne encamping neer Fettercarne At Brechen he meets Sir Iohn Hurrey General of the Covenanters Horse and the forces there who drawing out 600. Horse to take view of Montrose's Army who therefore made shew but of 200. Horse well lined with nimble Musketiers the Enemy draws up and charges but perceiving the Foot he retreats and brought off his men in the Rear most stoutly and fled twenty four miles to Dundee so far pursued with slaughter and then return to Fethercarne and the next day to Brechin and marches the convenient way by Gravesbane towards the River Tay and so for the Forth This design the Enemy knew and thither comes Hurrey with his Horse and one Baily of great account fetcht from England to be General here with a powerful Army yet Montrose offers them Battel but the others fell off so he went to the Castle Innecarity and Eliot and so into
1647. In the Letter to the House of Peers which is the same with this to the Commons there was inclosed a Letter from his Majesty to his Son the Duke of York CHARLES REX JAMES I am in hope that you may be permitted with your Brother and Sister to come to some place betwixt this and London where I may see you To this end therefore I command you to ask leave of the two Houses to make a journey if it may be for a night or two But rather then not to see you I will be content that ye come to some convenient place to dine and go back at night And foreseeing the fear of your being brought within the power of the Army as I am may be objected to hinder this my desire I have full assurance from Sir Thomas Fairfax and the chief Officers that there will be no interruption or impediment made by them for your return how and when you please So God bless you Your loving Father Charles R. Casam July 4 1647. Send me word as soon as you can of the time and place where I shall have the contentment of seeing you your Brother and Sister And accordingly the King and they met at Maidstone where they dined together went with the King to Casam and there stayed two dayes and returned Indeed at this time the Parliament were jealous of the K. and Army lest they should Treat without their consent and Pamphlets had been Printed of Heads presented by the Army to the King 19. June As also Articles agreed upon between the King and the Army 26. June which the General complained of since he came to Wickham being devised to distract the Peace of the Kingdom And daily several Petitions were presented by Prentices to the Parliament in many particulars which the next day another number of Prentices would contradict And the Army likewise devised as many jealousies and fears of a private Ingagement and Subscribing in the City of London and against the Army Then the Parliament Order their Votes of the Militia in the hands of the City to be Null and for to be Treason to seek Subscriptions to Petitions Upon which the Prentices clamour at the Houses and in Westminster Hall in such Multitudes and Mutiny that the Commons were forced to Unvote and Null their last Orders And in this Hubbub the Army Marches neerer London Orders are therefore given by the Militia that the Trained Bands doe Man the Works and Proclamation for all the Inhabitants that have or can bear Arms to appear in their defence of the City against the Army 30. Iuly But the 11. Members were wise enough to ponder their different conditions and Power now not to struggle with an Army though 5. such other Members had the better heretofore of the King And therefore these having made their way to some of the Officers of the Army and now by a Member Mr. Green to the Parliament They humbly desire and had it granted That leave be given to Denzil Hollis Sir Philip Stapleton and the rest c. for six moneths to be absent at their own home or to go beyond Seas and then to return and attend the Parliament to Answer the Charge against them The debate hitherto of the Treaty between the Commissioners of the Parliament and the Commissioners of the Army came to this result That a Declaration be published by Parliament against the coming in of any Foraign Forces That the pay of the Army be put into a constant course and Accountants called in question That the Militia of London return into former hands well affected That all persons imprisoned for pretended misdemeanours not by course of Law but by Order of Parliament or their Committees to have libertie of Baile and after of Trial If innocent that they may have reparation In particular they mention Lieutenant Colonel John Lilburn Mr. Musgrave Mr. Overton and others imprisoned at London or any other places contrarie to the Acts and Statutes of 35. Eliz. and the 3. of James agaist Conventicles or Meetings in pretence of Religious Exercises To grant these and other such Demands the Parliament Vote them neither for their Interest nor Honour the Souldiers heretofore for King and people March on towards the Parliament who with the Londoners prepare for Defence and Vote that the King be invited to London The Parliament in these Distractions had a while Adjourned and now come to Assemble the Speakers of both Houses with about half a hundred of their Members were slipt out of the City and were not to be found but anon tremblingly betake themselves to the Camp crying out against the outrage of their fellows and the Citizens and certain Reformadoes desiring the Armies protection of their persons and to punish the Offenders Some others also of their friends stay behind to manage the Councels in the Houses Hereupon the few Members present Vote new Speakers the Upper House chose the Lord Grey in the place of the Earl of Manchester The Commons Elect Mr. Pellam Councellor of Lincolns Inn and a Member to be Speaker pro tempore A new Mace bearer also one Mr. Nufolk borrowed the City Mace for the present of those who were their friends and thus fitted they began to Vote 29. Iuly That the King comes to London That the City raise what Force they think fit with such Commanders in Chief and Officers of the Militia as they shall appear and so the City chose Major General Massey their Master in chief for the City and Order that all Reformadoes doe appear and be listed in St. Iame's Fields for Defence of the City and so we finde the City and this new Representative to be all one But the General hears of this who for the ease of the Countrey was removed about Bedford pretending thereby in reference to the desires of the City not to approach near London and therefore now he writes to the Lord Mayor and Aldermen c. My Lord and Gentlemen You may please to remember the forward complyance of the Army with your desires to remove at this distance upon assurance that you would secure the Parliament from violence c. And therefore we cannot but be sensible of the unparalleled violation acted upon the Parliament on Munday last 26. July by a multitude from the Citie with incouragement of divers of the Common Councel a prodigious and horrid face tending to dissolve all Government and look upon them as accountable for to the Kingdom the interruption thereby of Peace and settlement of the Nation and relieving of Ireland upon which score the Armie will put every thing of the like nature except Iustice be done to the Offenders Bedford 30. July And finding the City to stand upon their Guard the Army forthwith March a round pace nearer London and within two days were got to Uxbridge and some Horse were entered Windsor Hownslow and then to London professing their Obligations to the Parliament whom they will de●end for
signal compliance with the Army and their interest and what of importance my complyance was to them and their often repeated Professions and Ingagements for my Iust Rights in general at Newmarket and St Albans and their particular explanation of those generals by their Voted and Re-voted Proposals which I had reason to understand should be the uttermost extremity would be expected from me and that in some things therein I should be eased herein appealing to the Consciences of some of the chiefest Officers in the Army if what I have said be not punctually true and how I have failed of their expectations and my professions to them I challange them and the whole World to produce the least colour of Reason And now I would know what is it that is desired Is it Peace I have shewed the way being both willing and desirous to perform my part in it which is a just complayance with all chief Interests It is Plenty and Happinesse They are the inseparable effects of peace Is it security I who wish that all men would forgive and forget like me have offered the Militia for my time Is it liberty of Conscience he who wants it is most ready to give Is it the right administration of Iustice Officers of trust are committed to the choice of my two Houses of Parliament Is it frequent Parliaments I have legally fully concurred therewith Is it the Arrears of the Army Vpon a settlement they will certainly be paied with much ease but before there will be found much difficulty if not impossibility in it Thus all the world cannot but see my real and unwearied endeavours for Peace the which by the grace of God I shall never repent me of nor ever be slackned in notwithstanding my past present or future sufferings but if I may not be heard let every one judge who it is that obstructs the good I would or might do What is it that men are afraid to hear from me it cannot be Reason at least none will declare themselves so unreasonable as to confess it and it can less be impertinent or unreasonable discourses for thereby peradventure I might more justifie this my restraint then the causers themselves can do so that of all wonders yet this is the greatest to me but it may be easily gathered how these men intend to govern who have used me thus and if it be my hard Fate to fall together with the Liberty of this Kingdom I shall not blush for my self but much lament the future miseries of my people the which I shall still pray to God to avert what ever becomes of me C. R. And now was the strict custody of the King referred to the care and Command of the General to place and displace servants such as to him thought meet and only eight persons for the present allowed to him Of which and his strict Guards he expostulates with Hamond telling him that he might yet ere long be beholding to one of his Sons for his life for now was Prince Charles gone from Paris into Holland from whence we shall hereafter hear more of him February 4. The first alteration of Soveraignty was in Title of things properly stiled the Kings and therefore the Title of the List of his Majesties Ships is but now altered to the List of the Parliaments Ships and the Hollanders refuse to strike Top Sail to the English disputeing that they were the Elder States and indeed so they were and Elder Brothers in the other also The Army resolve of new Modelling themselves to put the Martial power into the best way for themselves to appear formidable in the Field to make good the Garisons and to take in all confiding persons and so to make more Officers and fewer Souldiers under their Command the easier to be governed and in time of Action soon filled up by Sir Thomas Fairfax who now takes an additional Title of Lord Fairfax being the unic Son to his Father who of a Corn on his great Toe i● turned to a Gangreen and killed him And so we end the troublesome affairs of State in England for this year But may not pass over those concernments of Scotland and Ireland contemporary Nor would we nor could we handsomly interrupt our History with them and therefore we insert them here by themselves And first of Scotland beginning where we left before The continuation of the Military Actions for the King in Scotland under conduct of the Marquess of Montrose this year 1647. The Covenanters held Convention at St. Andrews upon the East Sea in Fife carrying their prison●rs with them where ever they removed both of War or others of the Kings Friends men of the best note the Lord Ogleby Sir William Spotswood William Murrey and Andrew Gutlery men of singular merit who here were to be sacrificed To which purpose they set up a couple of their Kirk men Kaint and Blaire and others also possessed with the same spirit That God required the blood of these men nor could the sin of the Nation be otherwise expiated or the revenge of heaven diverted sentencing their very souls to damnation But Ogleby the most eminent a Hamilton by the Mothers side and cousin German to Lindsey pretending himself sick had leave for his Mother Wife and Sisters to visit him in prison and whilst the Jaylors withdrew he got on his sisters cloths and put her in his place in bed And at evening passed out with them for a Lady and so got out of danger his sister suffered strict imprisonment in the same Chamber for a long time after and hastened the execution on the rest of the Prisoners The first was Nathaniel Gordon the next Colonel Gordon and then comes Sir Robert Spotswood he had been raised by favour of King Iames to the honour of Knighthood and Privy Councellor of Scotland King Charles made him Lord President of the Session and of late principal Secretary of Scotland Their Charge against him was not for Arms being a man of the Gown but they found Treason in his bringing of the Kings Commission to Montrose to be Vice-roy of the Kingdom and General of all the Kings Forces there It was no boot his Eloquent and Learned defence answerable to the fundamental Laws of that nation But the Earl of Lanerick heretofore Principal Secretary by his revolt against the King this Office was setled upon Spotswood this was additional to his Charge which because he was not able to bear out he was forced to fall under And on the Scaffold prepared to dye he made his last Speech to the People but Blair being by bad the Provost stop his mouth and privately praying Blair interrupting offered his prayers which the other refused adding That of all the Plagues with which God had scourged this Nation this was not the least nay greater than Sword or Pestilence that God had sent a lying Spirit in the mouthes of the pretended Prophets for which Blair basely reproached
And the advantage that each party in Ireland had of the other was to burn kill and devastate the whole nation so that it appears a very deluge of destruction to the next years actions there One word more for the foreign affairs At Munster the Treaty concluded a peace between Spain and the united Provinces the 16. of February the circumstances thus Pignoranda and Le Bran Plenipotents of Spain there for the Arch-Bishop of Cambrey is dead came and visited the States Ambassadors in the after noon where after some conference and debate both parties signed in the name of their respective Masters viz. those two for Spain and seven for the six Provinces viz. two for Holland and one for each of the rest all but Nel-shurst for Utrecht who refused at which time came in a Letter signed by Longue Ville and Servient for the French to the State Ambassadours seeking to divert or retard their Pacification but in vain the Dutch Ambassadours declaring they had hitherto waited for the complyance of France and now at last had given them upon their desire fifteen daies respite which expired they have concluded yet giving them leave to come in within two moneths which is like to be the time of Ratification and Publication for the Papers must be sent into Spain for the Kings own consent Nel-shurst pretended he cannot in conscience sign because of the States confederacy with France without leave of the French Their Treaty bindes them in making peace to go paripassus This Act hath not so much pleased Spain as vexed France and many more The French Ambassadour La Tuill●ry endeavours to raise men in Holland to carry on the war next summer with Swede with the greater vigour and give out that they will call their Ambassadours from Munster and break up that meeting which now Spain will not fear The very day of concluding this Treaty there came in a● Rotterdam one Rololledo a Spanish Ambassadour coming as he saith from Denmark and sent hither for his pass much debate there was whether he should be prisoner for the Hostility lasts till the Publication but sith he came by England and by accident of cross winds and the peace so near it was waved and he had a pass And so we go on to the next year 1648. The King is laid aside the People Act for him And although the Parliaments Declaration against him may not indure any Answer from himself in his own defence yet sundry Pamphlets perignotos are scattered abroad endeavouring to clear him by many Apologies the Preachers coldly execute the publick commands yet some speeches by others appear gratulatory to the Parliament but the most of men universally murmur and Petition for setting on foot a Treaty with the King the Parliament in vain opposing multitudes of the Counties Petitions and other places who are ill intreated Part of the Parliaments Navy revolt the Scots invade England with bad success and accordingly the Princes Fleet make a kind of defection from him The Parliament consult of Peace Repeal their Votes of Non Addresse to the King and resolve to Treat with him by Commissioners with strict propositions and do yet the King grants many things giving hopes of a good agreement for the Grandees of the Army seem to carress peace whilst the Souldiers are dissenting and demand the King to Justice and to that end Rendevouz neer London and frame a Remonstrance against Peace in the name of the whole Army which is approved in a Council of War and exhibited to both the Houses the Commons seem to consider of the Kings concessions which the Army decline and seiz the King in the Isle of Wight and with him march to London and enquarter about the Parliament whilst the Members of the Commons debate the Kings concessions and Vote them a good foundation towards the setling of a peace to which the Lords assent The Grandees of the Army beleaguer the Houses and purge the Parliament and ill intreat the Members by imprisonment and order the rest to their intentions and determine of the chief affaires of the Kingdom of punishing the King and of modelling the foundation of Government And first confirm the Votes of No Address to the King and annull those for commencing a Treaty with him Promise Votes reflecting upon his life Erect a Tribunal constitute Judgement of all sorts of the Army and of the Members The Higher House neglected yet they reject the others Votes and therefore such of them are expunged out of the number of Judges against the King and all such others as are of their opinion The Presbyterian Ministery outed of all declaim against the proceedings the Scots also protest the States of Holland interpose the Lords doe their duty and the people grumble contrariwise others of the Pulpit pray them to proceed against the King the High Court of Justice is fitted the King Arraigned condemned and is beheaded We will enter this year with a notable Reformation The University of Oxford was supposed to be in disorder For upon the Ordinance of Parliament the last year for the Visitation and Reformation thereof they Ordained certain Gentlemen of several qualities or any five of them to be Visitors Amongst whom were Sir Nath. Brent Mr. William Prin of Lincolns Inn Mr. Reynolds Mr. Cheynel Mr. Wilkinson Mr. Harris Mr. Palmer c. to inquire hear and determine all Crimes Offences c. And accordingly they send their Summons And had Answer of the Delegates Wherein their Vice-Chancellor and Proctors being the Magistrates and publick Officers of this University have be●n required to appear they having imparted the same to us the Delegates of this University who doe humbly conceive we cannot acknowledge any Visitors but the King or his immediate Substitutes which we are bound to defend by Legal Obligation by our late Protestation as his Majesties undoubted Rights and also are obliged by divers Statutes and Oathes to maintain also and cannot submit otherwise without manifold multiplyed perjuries And this we hope to make more evident before our proper and competent Judges and to Answer whatsoever Crimes or misdemeanour shall be laid to our charge How violently and active the Resentments of liberty and freedom are in the mindes of men this late War hath given evidence wherein the most earthy souls with earnest zeal have sacrificed their blood unto the name and empty shadow of it and if the bare shape and apparition could actuate these Icie Spirits we may wonder to think that the more free and aëriall who endeavour to restore the soul to its native priviledge and Birth-right should be senceless of their just interest where Religion addes his Tittle unto Right and private Liberty built upon publick priviledge in its fall engages his foundation and renders the neglect of a single safety a desertion to the General and Treason to succession and therefore they refuse to submit to any Vi●itors but to the King And which they make
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 consumma●● 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 mis●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 in●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 e●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 Colch●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 dea●● 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 t●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 th●se to be Serjeants Sir Tho. Widdrington Sir Tho. Bednifield Mr. Kebble Mr. Thorpe and Mr. Bradshaw Out of Linc●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
which on the contrary command obedience to Princes Nor by mans Laws nor by the Laws of our Land sith the Laws of England injoyn all accusations to be read in the Kings name nor do they indulge any power of judging even the most abject subject to the lower or Commons House Neither lastly does their power flow from any Authority which might be pretended extraordinary delegated from the people seeing ye have not asked so much as every tenth man in this matter The President ever and anon as before interrupting his Speech now very unhandsomly if not insolently rebukes the King bids him be mindful of his doom affirming That the Court was abundantly satisfied of their Authority nor was the Court to hear any Reasons that should detract from their power But what saies the King or where in all the world is that Court in which no place is left for reason Yes answered the President you shall finde Sir that this very Court is such a one But the King presses That they would at least permit him to exhibite his Reasons in writing which if they could satisfactorily Answer he would yield himself to their jurisdiction Here the President not content to deny grew into anger commanding the Prisoner to be taken away The King replyed no more to these things then Remember saies he That 't is your King from whom you turn away the ear In vain certainly will my Subjects expect justice from you who stop your ears to your King ready to plead his cause The 3. daies Tryal Tuesday was in effect the same the same Demands of the Court and the like Answer of the King and so adjourn to the next morning Wednesday ten a clock but they were so busied in the Painted Chamber before in the examining of witnesses as they said that an Officer came out to the people and told them so and that they should finde the Court there upon Summons for as yet they were not resolved when to sit For it was Saturday after 27. Ian. before they Assembled and 68. of the Tryers answered to their names The President in Scarlet Robe and as the King came the Souldiers were directed to cry out for Execution of Justice Execution belike to forwarn the King of what he should now expect The King speaks first and desires to be heard a word or two but short and yet wherein he hopes not to give just occasion to be interrupted and goes on A suddain Iudgment saies the King is not so soon recalled But he is sharply reproved of contumacy The President profusely praises the p●●ience of the Court and commands him now at length to submit otherwise he shall hear the Sentence of death resolved upon by the Court against him The King still refuses to plead his cause before them But that he had some things conducing to the good of the people and peace of the Kingdom which he desires liberty to deliver before the Members of both Houses But the President would not vouchsafe him so much as this favour lest it should tend he said to the delay or retardation of Iustice Whereupon the King replies It were better sustain a little delay of a day or two then to precipitate a sentence which would bring perpetual Tragedies upon the Kingdom and miseries to children unborn If saies he I sought occasions of delay I would have made a more elaborate contestation of the cause which might have served to protract the time and evade at least the while a most ugly Sentence but I will shew my self such a Defender of the Laws and of the Right of my Countrey as to choose rather to dye for them the Martyr of my people then by prostituting them to an Arbitrary power go about to acquire any manner of Liberty for my self but I therefore request this short liberty of speaking before a cruel sentence be given for that I well know 't is harder to be recalled then prevented and therefore I desire that I may withdraw and you consider They all withdraw The King to Cottons House the Tryers into the Court of Wards and in half an hour return And the President with the same harshness as he began proceeds into a premeditated Speech to hasten Sentence which the King offers reason to forbear whilst he may be heard before his Parliament and this he requires as they will answer it at the dreadful day of judgement and to consider it once again But not prevailing the President goes on wherein he aggravates the contumacy of the King and the hatefulness of the crimes he asserts Parliamentary Authority producing examples both Domestick and Foreign especially out of Scotland wherein the people had punished their Kings He affirms that the power of the people of England over their King was not less That the guilt of this King was greater than of all others as being one who according to Caligulas wish had attempted to 〈◊〉 off the neck of the Kingdom by a War waged against the Parliament for all which the Charge calls him Tyrant Traytor Murtherer and a publick Enemy to the Common-wealth and it had been well Sir saies he if that any of all these terms might have been spared if any of them at all This wrung a start from the King who astonished could not Answer but with an Interrogatory how Sir And the other goes on to argue that Rex est dum bene Regit Tyrannus qui populum opprimit and by this definition he lodges on the Kings Arbitrary Government which he saies he sought to put upon the people His Treasons he stiles a breach of trust to the Kingdom as his superiour and is therefore called to an account Minimus majorem in judicium vocat His Murthers are many all those that have been committed in all the War between him and his people are laid to his charge all the innocent bloud which cannot be cleansed but by the blood of him that shed the blood so then for Tyranny Treason Murthers and many more crimes And so as a Iudge indeed uses to Iayl birds he wishes the King to have God before his eyes And that the Court calls God to witness that meerly their conscience of duty brings them to that place and this imployment which they are resolved to effect and calls for Gods assistance in his Execution The King offered to speak to these great Imputations in the charge but he was told his time was past the Sentence was coming on which the President commanded to be read under this form Whereas the Commons of England in Parliament have appointed them an High Court of Justice for the Tryal of Charls Stuart King of England before whom he had been three times convented and at the first time a Charge of High Treason and other crimes and misdemeanours was read in the behalf of the Kingdom of England c. as in the Charge which was read throughout To which Charge he the said Charles Stuart was
differences and offences by impartiality or so order affairs in point of power that you shall not need to fear or flatter any faction For if ever you stand in need of them or must stand to their courtesie you are undone the Serpent will devour the Dove you may never expect less of Loyalty Iustice or Humanity then from those who engage into Religious Rebellion their interest is alwaies made Gods under the colours of piety ambitious policies march nor only with greatest security but applause as to the populacy you may hear from them Jacobs voice but you shall feel they have Esau's hands Nothing seemed less considerable then the Presbyterian Faction in England for many years so compliant they were to publick order nor indeed was their party great either in Church or State as to mens judgments but as soon as discontents drave men into sidings as ill humors fall to the disaffected part which cause's inflamations so did all at first who affected any Novelties adhere to that side as the most remarkable and specious note of difference then in point of Religion All the lesser Factions at first were officious servants to Presbytery their great Master till time and military success discovering to each their peculiar advantages invited them to part stakes and leaving the joint stock of uniform Religion they pretended each to drive for their party the trade of profits and preferments to the breaking and undoing not only of the Church and State but even of Presbytery it self which seemed and hoped at first to have ingrossed all Let nothing seem little or despicable to you in matters which concern Religion and the Churches peace so as to neglect a speedy reforming and effectual suppressing Errors and Schisms what seem at first but as a hand breadth by seditious Spirits as by strong windes are soon made to cover and darken the whole heaven When you have done justice to God your own Soul and his Church in the profession and preservation both of truth and unity in Religion the next main hinge on which your prosperity will depend and move is that of Civil Iustice wherein the setled Laws of these Kingdoms to which you are rightly Heir are the most excellent Rules you can govern by which by an admirable temperament give very much to Subjects industry liberty and happiness and yet reserve enough to the Majesty and Prerogative of any King who owns his people as Subjects not as Slaves whose subjection as it preserves their property peace and safety so it will never diminish your Rights nor their ingenious Liberties which consist in the injoyment of the fruits of their industry and the benefit of those Laws to which themselves have consented Never charge your head with such a Crown as shall by its heaviness oppress the whole body the weakness of whose parts cannot return any thing of strength honour or safety to the head but a necessary debilitation and ruine Your Prerogative is best shewed and exercised in remitting rather then exacting the rigor of the Laws there being nothing worse then Legal Tyranny In these two points the preservation of establisted Religion and Laws I may without vanity turn the reproach of my sufferings as to the worlds censure into the honour of a kinde of Martyrdom as to the testimony of my own conscience the troublers of my Kingdoms having nothing else to object against me but this that I prefer Religion and Laws established before those alterations they propounded And so inded I do and ever shall till I am convinced by better Arguments then what hitherto have been chiefly used towards me Tumults Armies and Prisons I cannot yet learn that Lesson nor I hope ever will you that it is safe for a King to gratifie any Faction with the perturbation of the Laws in which is wrapt up the Publick Interest and the good of the Community How God will deal with me as to the removal of these pressures and indignities which his Iustice by the very unjust hands of some of my Subjects hath been pleased to lay upon me I cannot tell nor am I much solicitous what wrong I suffer from men while I retein in my soul what I believe is right before God I have offered all for Reformation and safety that in Reason Honour and Conscience I can reserving only what I cannot consent unto without an irreparable injury to my own Soul the Church and my people and you also as the next and undoubted Heir of my Kingdoms To which if the divine Providence to whom no difficulties are insuperable shall in his due time after my decease bring you as I hope he will my counsel and charge to you is that you seriously consider the former real or objected miscarriages which might occasion my troubles that you may avoid them Never repose so much upon any man's single Counsel fidelitie and discretion in managing affairs of the first magnitude that is matters of Religion and Iustice as to create in your self or others a dif●idence of your own judgment which is likely to be alwaies more constant and impartial to the interests of your Crown and Kingdom then any mans Next beware of exasperating any Factions by the crosness and asperity of some mens passions humours or private opinions imployed by you grounded only upon the differences in lesser matters which are but the Skirts and Suburbs of Religion Wherein a charitable connivence and Christian toleration often dissipates their strength whom rougher opposition fortifies and puts the despised and oppressed Party into such combinations as may most enable them to get a full revenge on those they count their persecutors who are commonly assisted by that vulgar commiseration which attends all that are said to suffer under the notion of Religion Provided the differences amount not to an insolent opposition of Laws and Government or Religion established as to the essentials of them Such motions and minings are intolerable Alwaies keep up solid Piety and those fundamental truths which mend both hearts and lives of men with impartial favor and justice Take heed that outward circumstances and formalities of Religion devour not all or the best encouragements of learning industry and piety but with an equal eye and impartial hand distribute favours and rewards to all men as you finde them for their real goodness both in abilities and fidelity worthy and capable of them This will be sure to gain you the hearts of the best and the most too who though they be not good themselves yet are glad to see the severer wayes of vertue at any time sweetned by temporal rewards I have you see conflicted with different and opposite Factions for so I must needs call and count all those that act not in any conformity to the Laws established in Church and State no sooner have they by force subdued what they counted their common enemie that is all those that adhered to the Laws and to me and are secured from that fear but they