Councel at Hampton Court the case was concluded for the Arch Bishop as the greatest reason not to rule themselves having suffered such an Inconvenience there without so much as taking notice much lesse reforming It had been more then fifteen moneths that the Writs of Ship-money were issued out to divers Counties many Men and in special Mr. Hambden of Buckingham Shire being Assisted by the Sherifâ— made default of payment this Person well known and supposed a stake for others not without a resolved factious assistance of powerful parties And therefore the King this Michaelmas Term not precipitate into a quarrel advised the opinion of his Judges stating the Case by Letter to them To our trusty and well-beloved Sir John Bramstone Knight Chief Iustice of Our Bench Sir John Finch Knight Chief Iustice of Our Court of Common Pleas Sir Humphrey Davenport Knight Chief Baron of Our Court of Exchequer and to the rest of the Iudges of Our Courts of Kings Bench Common Pleas and the Barons of our court of Exchequer Charls Rex Trusty and well-beloved we greet you well taking into our Princely consideration that the Honor and safety of this Our Realm of England the preservation whereof is onely entrusted to Our care was and is more dearly concern'd then in late former times as well by divers councels and attempts to take from Us the Dominions of the Seas of which We are sole Lord and rightful Owner or Propriator and the losse whereof would be of greatest danger and peril to this Kingdom and other Our Dominions and many other wayes We for the avoiding of these and the like dangers well weighing with our self that where the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger there the charge and defence ought to be born by all the Realm in general did for the preventing so publique a mischief resolve with our self to have a Royal Navy prepared that might be of force and power with Almighty Gods blessing and assistance to protect and defend this Our Realm and Our Subjects therein from all such perils and dangers and for that purpose We issued forth Writs under our Great Seal of England directed to all Our Sheriffs of Our several Counties of England and Wales Commanding thereby all Our said Subjects in every City Town and Village to provide such a number of Ships well furnisht as might serve for this Royal purpose and which might be done with the greatest equality that could be In performance whereof though generally throughout all the Counties of this Our Realm We have found in Our Subjects great chearfulnesse and alacrity which We gratiously interpret as a testimony as well of their dutiful affection to us and our service as of the respect they have to the Publique which well becometh every good Subject Nevertheless finding that some few happily out of ignorance what the Laws and Customs of this Realm are or out of a desire to be eased in their particulars how general soever the charge be or ought to be have not yet paid and contributed to the several Rates and Assesments that were set upon them And fore-seeing in Our Princely wisdom that from thence divers Suits and Actions are not unlikely to be commenced and prosecuted in our several Courts at Westminster We desirous to avoid such inconveniencies and out of Our Princely love and affection to all Our People being willing to prevent such Errours as any of Our loving Subjects may happen to run into have thought fit in a case of this nature to advise with you Our Judges who We doubt not are well studied and informed in the Rights of Our Sovereignty And because the Trials in Our several Courts by the Formalities in Pleading will require a long protraction We have thought fit by this Letter directed to you all to require your Judgments in the Case as it is set down in the inclosed Paper which will not onely gain time but also be of more authority to over-rule any prejudicate opinions of others in the Point Given under Our Signet at our Court of White-hall the Second Day of February in the Twelfth Year of Our Reign 1636. CHARLS Rex CHARLS Rex VVhen the good and safety of the Kingdom in general is concern'd and the whole Kingdom in danger whether may not the King by VVrit under the great Seal of England command all the Subjects in his Kingdom at their charge to provide and furnish such number of Ships with Men Victuals and Munition and for such time aâ— he shall think fit for the Defence and Safeguard of the Kingdom from such Danger and Peril and by Law compel the doing thereof in case of Reâ—usal or Refractoriness and whether in such case is not the King the sole Iudge both of the Danger and when and how the same is to be prevented and avoided The Judges return their Opinions thus May it please your Most Excellent Majesty we have according to your Majesties Command severally and every Man by himself and all of us together taken into serious consideration the Case and Questions signed by your Majesty and inclosed in your Letter And we are of opinion that when the Good and Safety of the Kingdom in general is concerned and the whole Kingdom in Danger your Majesty may by Writ under your Great Seal of England command all the Subjects of this your Kingdom at their charge to provide and furnish such number of Ships with Men Victual Munition and for such time as your Majesty shall think fit for the Defence and Safeguard of the Kingdom from such Peril and Danger And that by Law your Majesty may compell the doing thereof in case of Refusal or Refractoriness And we are also of opinion that in such Case your Majesty is the sole Iudg both of the Danger and when and how the same is to be prevented and avoided John Bramston John Finch Humphrey Davenport John Denham Richard Hutton William Jones George Crook Thomas Trever George Vernon Robert Barkly Francis Crauly Richard Weston Thus they subscribe which was inrolled in all Courts at Westminster Hall and without doubt Warrant sufficient for the King to proceed against any Defaulters specially singly against Hambden who appeared upon Process and required Oyer of the Ship Writs and so being heard he demurred in Law and demanded the Iudges opinion upon the Legality of those Writs which being argued in the Exchequer all the Iudges and those Barons except Crook and Hutton were of opinion for the Writs and the Barons gave Iudgment accordingly against Hambden who under hand advised held up the Quarrel by Intermissions till further time and conveniency The Queen bare the Princess Ann the seventeenth of March the third Daughter to the King This Midsummer Term were censured in Star-chamber three Delinquents confederate A medley of Mal-contents The one a Divine Mr. Burton who is a mistiled Sometime Tutor to the King which he never was nor any
whole should contribute this was about June In Michaelmas following the King but by no advice of mine commanded me to goe to all the Judges for their opinions upon the case and to charge them upon their Allegiance to deliver their opinions But this not as a binding Opinion to themselves but that upon better consideration or reason they might alter but only for his Majesties satisfaction and that he must keep it for his own private use as I conceive the Iudges are bound by their Oaths to do I protest I never used any promise or threats to any but did only leave it to the Law and so did his Majestie desire That no speech that way might move us contraâ—y to this that I delivered There was no Iudge which subscribed that needed solicitation unto there were that refused Hutton and Crook Crook made no doubt of this thing but of the introduction I am of opinion that when the whole Kingdome is in danger whereof the King is Judge and the danger is to be born by the whole Kingdome When the King would have sent to Hutton for his opinion the then Lord Keeper desired to let him alone and to leave him to himself that was all the ill office he did in that business February the six and twentieth upon Command from his Majesty by a then Secretary of State the Judges did Asseâ—ble in Serjeants Inn where then that Opinion was delivered and afterwards was inrolled in the Star-Chamber our other Court at which time I used the best arguments as I could where at that time Crook and Hutton differed in opinion not of the thing but whether the King was sole Judge Fifteen Moneths from the first they all subscribed and it waâ— Registred in the Star-Chamber and other Courts the reason why Crook and Hutton did subscribe was because they were over-ruled by the greater number this was all I did till I came to my Argument in the Exchequer where I argued the Case I need not to tell you what my Arguments were they are publique about the Town 〈◊〉 I tell you three or four things in the matter whether the Kingdome were in danger and in case of apparent danger it was not upon the matter but upon demuâ— I delivered my self then as free and as clear as any that the King ought to govern by the positive Laws of the Kingdome and not alter but by consent in Parliament and 〈◊〉 if he made use of it as a Revenue or otherwise that this Judgment could not hold him but never declared that mony should be raised I heard you had some hard opinion of me about this secret business it was far from my business and occasions but in Mr. 〈◊〉 absence I went to the Justice-seat when I came there I did both King and Common-wealth good service which I did with extream danger to my self and fortunes left it a thing as advantagious to the Common-wealth as any thing else I never went about to overthrow the Charter at the Forrest but held it a 〈◊〉 thing and ought to be maintained both for the King and 〈◊〉 Two Judges then were that held that the King by the Common-law might make a Forrest where he would when I came to be judge I declared my opinion to the contrary that the King was restrained and had no power to make a Forrest but in his own Demesn Lands I know that there is something laid upon me touching the Declaration that came out the last Parliament It is the Kings affaires and I am bound without his Licence not to disclose it but I hope I shall obtain leave from his Majesty and then I shall make it appear that in this thing I have not deserved your disfavours and will give good satisfaction in any thing I know that you are wise and will not strain things to the uttermost sence to hurt me God did not call David a man after his own heart because he had no feelings but because his heart was right with God I conclude all with this That if I must not live to serve you I desire I may die in your good opinion and favour But all could not serve to keep him from their Censure who voted him that very day a Traytor First For refusing to read the Remonstrance against the Lord Treasurer Weston 4. Car. when the Parliament desired it Secondly For soliciting perswading and threatning the Iudges to deliver their opinion for levying Ship-money Thirdly for several illegal actions in Forrest-matters Fourthly For ill Offices don in making the King to dissolve the last Parliament and causing his Majesties Declaration thereupon to be put forth The next day he was accused before the Lords but he was early up and thereby the more neer to give them the slip and the wiser he when no other defence could serve the Scrutiny he withdrew into Holland and there remained whilst his accusers became the more guilty and then he came home again The Parliament increasing in repute and power and minding to new-mold and over-turn or turn over to a new leaf were moddeling a Bill for a Triennial-Parliament and to bring it about businesses were devised and invited and the Counties set a work to send in their Petitions one of them subscribed with above eight hundred Presbyters and that was directly against the Hierarchy of Bishops which the King observed and mistrusting the willing reception He tells both houses the three and twentieth The King had reprieved one Goodman a Priest formerly condemned at the Sessions at Old Baily which made work for the Commons and by Master Glyn their Messenger to the Lords request them to adjoyn their Petition to his Majesty to be informed who should dare to be Instrumental in retarding of Justice in the Face of a Parliament to which the King by the Lord Privy Seal the eight and twentieth of Ianuary tells them the cause he being found guilty as being a Priest onely upon which account neither King Iames nor Queen Elizabeth ever exercised the penal Law This onely begat another Conference two days after with the Lords from which came this 〈◊〉 to the King That considering the state and condition of this present time they conceive the Law to be more necessary to be put in stricâ— execution than at any time before First because by divers Petitions from several parts of this Kingdom Complaints are made of the great increase of Popery and Superstition and the People call earnestly to have the Laws against 〈◊〉 put in execution Secondly Priests and Iesuits swarm in great number in the Kingdom and appear here with such boldness and confidence as if there were no Laws against them Thirdly it appeareth to the House that of late years about the City of London Priests and Iesuits have been discharged out of Prison many of them being condemned of High Treason Fourthly the Parliament is credibly informed that at this present the Pope hath a Nuncio or Agent resident in the City
Reformation I was content to yield to all that might seem to advance true piety I only sought to continue what was necessary in point of Order Maintenance and Authority to the Churches Government and what I am perswaded as I have else-where set down my thoughts more fully is most agreeable to the true principles of all Government raised to its full statuâ—e and perfection as also to the primitive Apostolical pattern and the Practise of the Universal Church conform thereunto From which wholly to recede without any probable reason urged or answered only to satisfie some mens wills and fantasies which yet agree not among themselves in any point but that of extirpating Episcopacy and fighting against me must needs argue such a softnesse and infirmity of minde in me as will rather part with Gods Truth then mans Peace and rather lose the Churches honour then cross some mens factious humours God knows and time will discover who were most to blame for the un-successfulnesse of that Treaty and who must â—ear the guilt of after-calamities I believe I am very excusable both before God and all unpassionate men who â—ave seriously weighed those transactions wherein I endeavoured no lesse the restauration of peace to my people then the preservation of my own Crowns to my posterity Some men have that height as to interpret all fair condescendings as arguments of fâ—ebleness and glory most in an unflexible stifness when they see others most supple and inclcinable to them A grand Maxime with them was alwayes to ask something which in Reason and Honour must be denied that they might have some colour to refuse all that was in other things granted setting peace at as high a rate as the worst effects of VVar endeavouring first to make me destroy my self by dishonourable Concessions that so they might have the less to do This was all which that Treaty or any other produced to let the world see how little I would deny or they grant in order to the Publick Peace That it gave occasion to some mens further restiveness is imputable to their own depraved tempers not to any Concessions or Negations of mine I have alwayes the content of what I offered and they the regreet and blamed for what they refused The highest tide of success set me not above a Treaty nor the lowest ebb below a Fight Though I never thought it any sign of true valour to be prâ—digal of mens lives rather then to be drawn to produce our own reasons or subscribe to other mens That which made me for the most part presage the unsuccesfulness of any Treaty was some mens unwillingness to Treat which implied some things were to be gained by the sword whose unreasonableness they were loth to have fairly scanned being more proper to be acted by Souldiers then by Councellors I pray God forgive them that were guilty of that Treatise's breaking And give them grace to make their advantages gotten by the Sword a better opportunity to use such moderation as was then wanting that so though Peace were for our sins jusâ—ly deferred yet at last it might be happily obtained what we could not get by our Treaties we may gain by our prayers The King having formerly the twelfth of Ianuary 1643. assembled those of the Parliament Members which were at Oxford into a sitting there and his presence giving them the repute of a better appearance and as he conceived more honourable and just than that of Westminster whom the Kiâ—g had disowned though afterwards he named them a Parliament which did not says the King justifie themselves to be so This Oxford Assembly could not fadg together their Factions so increased that the King wearied as he says with impertinencies the Fate of Free Assemblies they were dissolved in March this Moneth And handsomely performed for whilest they sate they pressed the King to make more Overtures for renewing the Treaty but now he resolves If the Treaty be renewed which he believes will not without some eminent good Success on his side it shall be to his honour and advantage he being now he says as well freed from the place of base and mutinous Motions his Mungerel Parliament there as of the chief Causers Wilmot Piercie and Sussex all three now sent away to the Queen in France to be rid of them here against whom the King complains and that very heavily That he fears their Repair thither would rather prove a Change than an End of their Villanies Two principal Irish Rebells Conspiratours of the bloudy Massacre the Lord Macquire and Macmahone had been seized in Ireland the beginning of the Rebellion and sent up to the Parliament and imprisoned in the Tower but after some time they with a thin Steel Instrument sawed in sunder a two Inch thick Oken Door in a Night and with a Line let themselves down from the White Tower waded the Ditch and got away for a long time yet at last the sixteenth of September were retaken in Drury Lane and so sent back to their old Prison Mrs. Levistone a Recusant in the Strand being accessary to their Escape and on the sudden she was seized and her house by a Committee of three Lords and six Commons was searched where they finde the French Agent at Mid-night no ordinary Lodger there she was sent to Prison and a Bundle of Papers brought to the Parliament which discovered much Villany designing in Ireland The Irish Prisoners were ordered for their Trial but much ado to proceed whether by a Council of War or Oyer and Terminer or otherwise at the Kings Bench Bar. Macmahone was tried there and soon found guilty of High Treason and was sentenced to be hanged drawn and quartered which he suffered accordingly at Tyburn in November Macquire was a Baron of Ireland and refused that way of Trial craving the privilege of Peerage of that Kingdom This was referred to be considered by the Judges who ordered him Counsel to plead for it at the Kings Bench Bar but they were nice and would refuse to plead for so great a Villain yet over-intreated they undertake it The Traitours case was no doubt in an ill condition which it seems he suspected and â—herefore desires Pen and Paper with some Books of Statutes and to plead for himself The Demur was over-ruled by the Judges and he bound to his Trial by God and the Countrey Of which Judgment he complains to the House of Lords to consider his quality as a Peer and to grant him that Privilege and lays it home to their own concernments The Lords send for his Plea the Commons desired a Conference and argued them into so much reason that ere they consented to have them see his Plea they were fain to concur for his Trial at the Kings Bench Bar. And at last the Grand Iury having found the Indictment Billa vera of high Treason and at his Trial many Witnesses proving him guilty he was hanged drawn and quartered at Tyburn Feb. 20. where he cast
Common Enemy may yet be more honourable in the peoples eyes when they shall be called the Repairers of their Breaches and the Recoverers of their Peace Rights and Freedom And this is the prayer and the earnest endeavours of The Armies and all the peoples most faithful Servants The Agitators c. Gilford Octob. 9. 1647. The sum of the Generals Answer was That he judged their Intentions were honest and desired that every one of a publick spirit would be acting for the Publick and that he had for his part freely ventured his life for common right and freedom and should freely engage it again and referred it to the General Council And therefore according to the sence of some of these mischiefs evils and dangers the Parliament altered some of the Propositions to be sent to the King concerning the Period of Parliaments Act of Oblivion for the King and Queen waved in such others Then comes out a further Paper of Proposals from the said Agitators and also from other Agitators of four Regiments of Horse and seven Regiments of Foot joyning with them in very many particulars of Reforming abuses and ordering of the Government November 1. 1647. And in truth the Army was as sedulous in these and other such particulars as that we may conclude they were more busie than the Parliament But the Scots Commissioners here interrupted these proceedings with a Letter which they sent the sixth of November to the Speaker of the House of Commons in effect That since the Kings removal by force of the Army from Holmby and the resentment of the Kingdom of Scotland of that violent action the Commissioners applied themselves to his Majesty to shew there iâ— his usage but for his present condition he professeth he cannot and referreth us to the Parliament and Army That the Parliament by many engagements have declared to have care of his person power and greatnesse which both Kingdoms have sworn not to diminish therefore the Commissioners apply themselves to the Parliament presuming that the Army is under their command the rather because they are informed of the Armies intentions to remove the King from Hampton Court on whose safety their happiness depends and resolving that no alteration of affairs shall separate their duty and Allegiance to him to live and dye in all Loyalty under his Government Accordingly the votes of Parliament the twenty sixth of October resolved of sending Propositions to the King and therefore they desire that there may be a personal Treaty with him and that he may be invited to come to London or at least to remain at Hampton Court with that honour and freedom due to his Majesty and not to be under the power and restraint of the Souldiers and that the King be no more carried about at their pleasure These being the desires of the Kingdom of Scotland Worcester-house Nove. 6. 1647. And now the General excuses the Army promising his endeavours to settle the distempers there to answer the Parliaments desire to receive the Agitators against whose papers this daypresented to the Parliament called The case of the Army and another stiled The agreement of the People the Parliament voted them to be destructive to the being the Parliaments and the fundamental Government of this Kingdom Yet herein the Agitators continued so insolent that for example one of them White was shot to death at Ware for fomenting the said Papers Petition and Agreement The King in his late Answer to the Parliaments Propositions having therein given greater honour to the Army â—hen to the Houses he is therefore caressed by the Camp which exasperates some Members against him and plained the way for the Souldiers afterwards to excuse their not requiting him with sufficient kindnesse out of their due reverence to the Members and regard also to their Agitators of whom the King takes impressions of fear by private intelligence from the Camp who set them a work as also by some of the Members that they meant his personal danger which hazard the Commanders of the Army could not gainstand To make him more sensible it is apprehended likewise by three or four of the Kings Instruments often mixing with the Commanders and they are led into this construction That the Army was honest and more willing that the King should escape than that his destruction should happen under their Roof And by many circumstances the Kings Agents get the hint to prevent the danger by this foreign flight which yet if he did would Answer the general design of his undoing for by leaving his Government and People he should Denude himself of his Crown forsake the Protection of his Subjects and give just occasion to the Parliament to settle the peace of the Nation without him And so intricate was the Kings affairs to wade through that a confident of his intimate also with the councils of the Camp and at this time looking sadly the King told him his face presaged ill Newes He Answered Sir not for the danger but that I cannot council you Speak it out said the King he replied Sir your person is supposed in some hazard and yet because the Grandees of the Army advise your escape I am sure that their design is to ruin you by your own act My case is desperate said the King my condition in a sinking Barke no help at hand may I not leap over board to swim a shoar Yes whilst I submit my endeavours to Gods Providence I am in the best way of security Et sic fiat voluntas Dei As the scene is laid and taken the King consults with his confidents Mr. Iohn Ashburnham Sir Iohn Berkley and Colonel William Leg for his escape to the Isle of Iersey The Ship is prepared the place to Imbarke about Southampton and all things fitted his Horses are lodg'd in the evening on the other side of the Thames Hampton ferry and these men his attendants The time Friday night the eleventh of November when about noon that day a Letter of Intelligence devised by a Member to startle the King is conveyed into Colonel Whalies hands directed for his Majesty as from a dear friend Ignoto and dated two dayes before which he instantly communicates to the King and thus it was May it please your Majesty In discharge of my duty I cannot omit to acquaint you that my Brother was at a meeting last night with eight or nine Agitators who in debate of the obstacle which did most hinder the speedy effecting their design did conclude it was your Majesty And as long as your Majesty doth live you would be so And therefore resolved for the good of the Kingdom to take your life away and that to that action they were well assured that Mr. Dell and Mr. Peters two of their Preachers would willingly bear them Company for they had often said to their Agitators your Majestly is but a dead Dog My Prayers are for your Majesties safety but I do too much fear
from Michaelmas last and out of Compositions that shall be made before the concluding of the Peace and the Arrears of such as have been already made the assistance of the Clergy And the Arrears of such Rents of his own Revenue as his two Houses shall not have received before the concluding of the Peace his Majesty will undertake within the space of eighteen moneths the payment of 400000. pounds for the satisfaction of the Army And if those means shall not be sufficient his Majestie intends to give way to the sale of Forest Lands for that purpose this being the publick Debt which in his Majesties judgment is first to be satisfied and for other publick Debts already contracted upon Church Lands or other Ingagements his Majestie will give his consent to such Act or Acts for raising of monies for payment thereof as both Houses shall hereafter agree upon so as they be equally laid whereby his people already too heavily burthened by these late distempers may have no more pressures upon them than this absolute necessity requires And for the further securing of all fears his Majesty will consent that an Act of Parliament be passed for the disposing of the great Offices of State and naming of Privy Councellours for the whole term of his Reign by the two Houses of Parliament their Patents and Commissions being taken from his Majesty and after to return to the Crown as is expressed in the Article of the Militia For the Court of Wards and Liveries his Majesty very well knows the consequence of taking that away by returning of all Tenures into common Soccage as well in point of Revenue to the Crown as in the protection of many of his Subjects being Infants Nevertheless if the continuance thereof seem grievous to his Subjects rather then he will fail on his part in giving satisfaction He will consent to an Act for taking of it away so as a full recompence be setled upon his Majesty and his Successours in perpetuity and that the Arrears now due be reserved unto him towards the payment of the Arrears of the Army And that the memory of these late distractions may be wholly wiped away his Majesty will consent to an Act for suppressing and making null of all Oaths Declarations and Proclamations against both or either House of Parliament and of all Indictments and other proceedings against persons for adhering unto them and his Majesty proposeth â—as the best expedient to take away all seeds of future differences that there be an Act of Oblivion to extend to all his Subjects As for Ireland the cessation there is long since determined but for the future all other things being fully agreed his Majesty will give satisfaction to his two Houses concerning that Kingdom And although his Majesty cannot consent in Honour and Iustice to avoid all his own Grants and Acts past under his great Seal since the two and twentieth of May 1642. or to the confirming of all the Acts and Grants passed under that made by the two Houses yet his Majesty is confident that upon perusal of particulars he shall give full satisfaction to his two Houses to what may reasonably be desired in that particular And now his Majesty conceives that by these his offers which he is ready to make good upon the settlement of a Peace he hath clearly manifested his intentions to give full security and satisfaction to all Interests for what can justly be desired in order to the future happiness of his people and for the perfecting of these concessions as also for such other things as may be proposed by the two Houses and for such just and reasonable demands as his Majesty shall finde necessary to propose on his part he earnestly desires a personal Treaty at London with his two Houses in Honour Freedom and Saftety it being in his Iudgement the most proper and indeed only means to a firm and setled Peace and impossible without it to reconcile former or avoid future misunderstandings All these things being by Treaty perfected his Majesty believes his Houses will think it reasonable that the Proposals of the Army concerning the Succession of Parliaments and their due elections should be taken into consideration As for what concerns His Kingdom of Scotland his Majesty will readily apply himself to give all reasonable satisfaction when the desires of the two Houses of Parliament on their behalf or of the Commissioners of that Kingdom or of both joyned together shall be made known unto him C. Rex Islle of Wight 17. Nov. 1647. For the Speaker of the House of Peers c. And although the King is sufficiently alone from evil Councellours the Parliament have no minde that he should have any company and therefore send a Messenger with Warrants to seize those three Servants that waited on him thither But Hamond excuses them not to be delivered up to the Officer his reasons are truly noble and like a Souldier which he directs to the Speaker of the Lords House the Earle of Manchester My Lord Yesterday came an Officer with Warrants for apprehending c. And finding the matter of very great importance I have desired the Messenger to forbear the execution of his Warrants till I have given the Parliament to understand that in case they should be put in execution it would be impossible for me to preserve the person of the King in security to be disposed by the Parliament unless I should keep him close prisoner which I concieve neither fit nor safe for me to do especially of my self The ground being this The King hath declared himself to me that he came from Hampton Court for no other cause but for the preservation of his Person which was as he apprehended in such danger that he could not with safety continue longer there otherwise he would not have departed thence nor from the Army and that he chose this place rather than any other where he was at liberty that he might still continue under protection of the Army my self being a member thereof and that he might have free entercourse with the Parliament for the settlement of Peace to which he professes greater inclinations and desires then ever The King saith that in case these Gentlemen be taken from him and punished as evil doers for counselling him not to go out of the Kingdom but rather to come to the place where he now is for the ends aforesaid and for their endeavouring accordingly in attending him hither he cannot but himself expect to be dealt with accordingly his case being the same My Lord besides the care I shall alwaies have of these Gentlemen they have engaged their Honours not to depart from me and truly were not their ends the same with their pretences in relation to the Peace of this Kingdom they would never have advised and conducted the King hither There will be none left here for his attendance which besides the offence how great the inconveniencies will be to him your
obtain them to his own use the summe of 3000 l. and did also procure for the said Surrender from the late King an Annuity of 1000 l. per annum payable to the said Earl for which considerations the said Earl surrendred the said Office with his Letters Patents unto the late King who granted them to the said Duke for his life which is an Offence contrary to the Laws and Statutes of this Realm those Offices so highly concerning the Administration and execution of Justice That the Earl of Nottingham then Lâ—rd Admiral being grown much in years and finding himself not so fit nor able to perform what appertained to his place as formerly became an earnest sutor to his late Majesty to permit him to surrender up his Office who at length being overcome by the Earls many solicitations condescended thereunto and his late Majesty at the entreaty of others without the Dukes privity was also perswaded to confer it upon the Duke much against his will he being no way experienced in those Affairs so that the Earl did freely surrender and the Duke aecept the grant of the said Office without any the least contract or proviso But true it is that his late Majesty out of his Royall Bounty did grant to the said Earl a Pension of 1000 l. per annum as a Recompence for his former service to the Crown and also the Duke himself did freely and voluntarily with his late Majesties approbation as an Argument of his honorable respects to so Noble a Predecessor send the Earl three thousand pounds which he hopeth is not blame worthy in him III. Reply 3. That he the said Duke in the 22. year of the late King did give and pay unto Edward Lord Zouch for the Offices of the Lord Warden of the Cinque-Ports and Constable of Dover Castle the sum of one thousand pounds and granted also an Annuity of 500 l. per annum during his life and that for the consideration aforesaid the said L. Zouch did surrender his Offices and Letters Patents to the late King who granted them to the said Duke for his life which Offices so highly concerning the Administration of Justice the Duke hath ever since held against the Laws of the Land That the Lord Zouch being grown in years and unfit to manage the Office of the Warden of the Cinque-Ports and Constable of Dover Castle which are indeed both but one discovered a willingness to surrender it and made severall Offers thereof to the Duke of Richmond who at last contracted with the said Lord Zouch for his surrender for the consideration of 1000 l. in money and 500â— l. per annum and the said Duke of Richmond being prevented by death his late Majesty directed the Duke of Buckingham to go through with the Lord Zouch for it upon the same terms which he was the willinger to do by reason he had found by experience that the Kings service suffered much through the emulation disaffectiâ—n and contention arising between those two Officers and he hopeth this act of his in acquiring this Office accompanied with such circumstances the King also being both privy and directing it will receive a favorable construction especially considering he was altogether unacquainted with any law tâ— the contrary IV. Reply 4. That he hath neglected the just execution of those his offices and violated the Trust reposed in and committed to him by them insomuch as through his neglect the trade of this Kingdome hath been of late much decayed and the Seas ignominiously infested with Pirates and Enemies to the great loss of both ships and Goods and imminent danger of this Kingdom That the loss happening to the Kings Subjects by Pirats and Enemies hath not proceeded through the Dukes default as is suggested but because those Pirats ships are built of a mould as fit for flight as for fight being far too nimble for the Kings Ships To prevent which inconvenience for the time to come there is present order taken for the building of Ships of the same shape with those of Dunkirk and for the Pirats of Sally that provision is taken either to restrain by Treaty or to repress them by force as will give good satisfaction and this will clearly appear upon proof V. Reply 5. That whereas about Michaelmas last a Ship called the St. Peter of New-haven laden with divers Merchants Jewels and Commodities to the value of 40000 l. or thereabout for the proper account of Monsieur de Villeurs then Governour of New-Haven was taken by the Ships of his Majesties late Fleet and brought into the Port of Plymouth as a Prize upon probability that the said Ship or Goods belonged to the Subjects of the King of Spain whereupon there was an arrest of two English ships at New-haven in the Kingdome of France after which intimation was given to the Advocate in the chief Court of Admiralty from his Majesty by Secretary Coke for the freeing and discharge of the said ship and goods and thereupon by Commission under Seal the said Ship and goods were released The said Duke notwithstanding any such order and decree detained still to his own use the Gold Silver Pearls Jewels and other Commodities so taken out of the said Ship and unjustly caused the said Ship to be arrested again in contempt of the Laws of this Land and to the prejudice of Trade That Complaint being made on the behalf of some French men at the Councel Table concerning the Saint Peter and some other ships His Majesty then present did order that she and all other stould be released as were found to belong to any Prince or State in amity with him provided they were not fraâ—dulently coloured And accordingly this ship was by Sentence in the Admiralty discharged But within few daies after new information came to the Lord Admiral that this ship was laden by the Subjects of the King of Spain in Spain that the Amirantesio wafâ—ed her beyond the North Cape and that Witnesses were ready to attest as much upon which the Duke acquainted his Majesty therewith and by his command made stay of this ship as he was assured by the opinion of the King and five other Advocates he might do and command was given to the Kings Advocate to hasten the examination of Witnesses in pursuance of the new information But the French Merchants impatient of delaies which the producing many witnesses would occasion complained again to the Council-board and obtained an Order from thence for the delivery of the said Ship and goods upon security which Security was once offered but after retracted yet upon consideration of the testimonies produced the Kings Advocate informing the Duke that the proof came short for that Ship the D. did instantly give order for her final discharge and that all her goods should be re-imbarked to the Owners which was done accordingly VI. Reply 6. That the East-India Merchants in the 21. of the late Kings Reign preparing to set forth four great
find their Names in the Records of England And his Letters Patents directed hither into Ireland for aid money to pay his debts unto Lewis Sonâ—â— the French King In the Rolls of Gascony we find the like better directed by King Edward 2. unto the Gentlemen and Merchants of Ireland a list of their Names set down for his aid in his expedition into Aquitaine and defence of his Land which is now the thing in question Besides an Ordinance Pat. 44. Edw. 3. in Tur. Lond. for the personal taking them that lived in England and held lands and tenements in Ireland Nay in this Case give me leave as a Divine to tell you plainly for to supply the King with means for the necessary defence of your Country is not a thing left to your discretion either to do or not to do but a 〈◊〉 of duty which in conscience you stand bound to obey The Apostle Romans 3. affirms That we must be subject to the Higher powers not onely for wrath but for conscience sake and adds this as a râ—ason for this cause ye pay Tribute also as if the denying of such a payments could not stand with conscionable subjection Thereupon he infers this conclusion Render therefore to all their due Tribute to whom Tribute Custome to whom Custome is due Agreeable to that known lesson which he learned of our Saviour Render unto Caesar the things which are Caesars and unto God the things which are Gods Where you may observe that as to with-hold from God the things which are Gods Man is said to be a Robber of God whereof himself thus complains in case of substracting of Tithes and Oblations so to deny a supply to Caesar of such means as are necessary for support of his Kingdome can be accompted no less than A Robbing of him of what is his due which I wish you seriously is ponder and to yield to this present necessity that we may not return for you an undutifull Answer justly displeasing to the King And now returning to England we find Doctor Lancelot 〈◊〉 that most eloquent and learned Bishop of Winchester to be dead He was born at Alhallowes Barking in London Schollar Fellow and Master of Pembroke Hall in Cambridge Then he was preferred by King Iames Dean of Westminster Bishop of Chichester after of 〈◊〉 and lastly of Winchester He was excellently experienced in all Languages specially 〈◊〉 which makes some to conceive that had he lived at the time of the Confusion of Tongues he might have served the people for an Interpreter His gravity gave awe to King Iames in that sometime freedome of rebuke when he too frequent was moved into passion His admirable method in preaching moved the King more reverent and attent to him than to any other as meeting with rare and new matter His Sermons collected into a Volume were set out since his death by command of King Charles a Pattern to Preachers and Preaching He lyeth buried in the Chappel of Saint Mary Overees with a very honourable Tomb and a right true Epitah inscribed He hath been unjustly since his death accuâ—ed of covetousness though he was neither Rapax to get or Tenax to hold being a perfect enemy to Usury Simony and Bribery He repaired all 〈◊〉 to which he had been preferred for I find no Delapidations challenged by any his Successors he left his estate to pious uses but to order his actions in all his estate he would give it for a truth That Good Husbandry was good Divinity And as for his Chappel Ornaments they were indeed such as might justifie him and them and in all of him it were wished such as succeed would follow his foot steps At his death the Court was suddenly filled with the access of Bishops who knowing that by Removes preferments would follow to many each one having charity to their merit expect advancement in degrees Which occasioned the Court Bishops to advise them not to appear till they were sent for and not prevailing they had command to return home with those Instructions to be observed and put in execution by each of them which were directed to the Arch-bishop of Canterbury Charles Rex 1. That the Lords the Bishops be commanded to their Several Sees to keep residence excepting those which are in necessary attendance at Court 2. That none of them reside upon his land or lease that he hath purchased nor on his Commendum if he hold any but one of his Episcopal houses if he have any and that he wast not the Woods where any are left 3. That they give charge in their triennial visitations and at other convenient times both by themselves and their Arch-deaconâ— that the Declarations for setting all Questions in difference be strictly observed by all parties 4. That there be a special Care taken by them all that the Ordination be solemn and not of unworthy persons 5. That they take great Care concerning the Lectures in their several Diocesses for whom we give these special Directions following First That in all parishes the afternoon sermon may be turned into Catechism by Questions and Answers when and wheresoever there is no great Cause apparent to break this antient and profitable order Secondly That every Bishop ordain in his Diocess that every Lecturer do read divine service according to the Liturgy printed by authority in his Surplice and Hood before the Lecture Thirdly That where a Lecture is set up in a Market Town that may be read by a Company of grâ—ve and orthodox Divines near adjoyning and in the same Diocesâ—es and that they preach in Gowns and not in Cloaks as too many do use Fourthly That if a Corporation do maintain a single Lecture he be not suffered to preach till he profess his willingness to take upon him a Living with Cure of Souls within that incorporation and that he actually take such Benefice or Cure as soon as it shall be fairly procured for him Fifthly That the Bishops do countenance and incourage grave and Orthodox Divines of their Clergy and that they use means by some of the Clergy or others that they may have knowledge how both Lecturers and Preachers within their Diocess do behave themselves in their Sermons that so they may take order for any abuse accordingly Sixthly That the Bishops suffer none under Noblemen and men qualified by the Law to have any private Chaplain in his house Seventhly That they take speciall care that Divine service be diligently frequented as well for Prayers and Catechism as for Sermons and take particular note of all such as absent themselves as Recusants or otherwise Eighthly That every Bishop that by our grace and favour and good opinion of his service shall be nominated by Us to any other Bishoprick shall from that day of Nomination not presume to make any Lease for three lives or one and twenty years or concurrant Lease or any estate or cut any wood or timber but meerly receive his rents due
Statutes were verbatim recited the substance of the Petition was this 1. THey do pray your most excellent Majesty that no man hereafter be compelled to make or yeeld any Gift Loan Benevolence Tax or such like charge without common consent by Act of Parliament and that none be called to make answer or to take such oath or to give attendance or be confin'd or otherwise be molested or disquieted concerning the same or for refusal thereof 2. And that no freeman be taken and imprisoned or be disseised of his free-hold or liberty or his â—ree customs or be out-lawed or exiled but by the lawfull judgement of his Peer or by the law of the Land 3. And that your Majesty would be pleased to remove the Souldiers and Mariners now Billitted in divers Counties and that your people may not be so burthened in time to come 4. That the late Commissions for proceeding by Martiall-Law may be revoked and annulled and that hereafter no Commission of like nature may issue forth to any person or persons whatsoever to be executed lest by colour of them any of your Majesties subjects be destroyed and put to death contrary to law and the franchises of the land All which they most humbly pray of your most excellent Majesty as their rights and liberties according to the Laws and Statutes of this Realm and that your Majesty would also vouchsafe to declare that all awards doings or proceedings to the prejudice of your People shall not be drawn hereafter into consequence and example And now indeed their Lordships Eyes were opened and fearing the eminent mischief to the King and in him to themselves as having more interest in Prerogative then the Commons their first existence present subsistence and yet not altogether to leave the publique without remedy they annexed to the Petition this addition of Salvo We present this our humble Petition to your Majesty not onely with care to preserve our own Liberties but with regard to leave intire that Soverain Power wherewith your Majesty is trusted for the Protection safety and happinesse of your People But the Commons refused this and procured a Conference and Mr. Noy is sent with reasons and resolutions of the Lower-House which signified little but at a second meeting managed by Sr. Henry Martin and Serjeant Glâ—nvile the Lords did comply and so presented without that saving To which the King took a little leasure ere he returned them this for answer THe King willeth that right be done according to the laws and Customs of the Realm and that the Statutes be put in due execution that his Subjects may have no cause to complain of any wrong or oppressions contrary to their just Right and Liberties to the preservation whereof he holds himself in conscience as well obliged as of his Prerogative Certainly the sense was as the very Essence the matter being the Main aud was excepted against as too firm but not full enough without their own formalities of the old Model for which they agreed to Petition but were surprized with this Item from the King My Answer was made with so good deliberation and approved by the judgement of so many wise men that I wonder it hath not satisfied you to the full but to avoid all ambiguities and to clear my just meaning I am willing to please you even in Words as well as Substance Read your Petition and receive an Answer I am sure will please you Which was Le droict soit faict comme iâ— est desire This I am sure is full yet no more than in my first you may see now how ready I shew my self to satisfie your demands so that having done my part if this Parliament have not a happy conclusion the sin is yours I am free Hereto the Houses shout with mighty acclamations of joy testified also with the usuall consent of the publique Bonefires and Bellsâ—inging â—inging over all the Cities and the Upper-House finding this a fit time of reciprocal contexture the King glad to see them satisfied with little aâ—doe procured his Majesties Grace to extend even to those Lords in former disfavour To Abbot Arch-Bishop of Canterbury William Bishop of Lincoln the Earl of Essex Lincoln Warwick Bristow and him that was alwayes out the Lord Say This did the King do the fifth Presage from the King vailing his Crown to the Parliament which doth so astonish the Historian that he breaks out into Ravishment That this session that Gallant Standard of Common Liberties the Petition of Right was granted That never did Arbitrary Power since Monarchy first founded so submittere fasces so vail its Scepter Never did the Prerogative descend so much from Perch to Popular Lure as by that Concession a Concession able to give satisfaction even to supererogation for what was amisse in all the Kings by-past Government But what did they do having now thus sentenced all Illegalities they fell to Execution of Commission of Loan and Excise and cancelled them in the Kings presence And now thus secured they yet ride on ripping up all manner of Grievances and Grievers in a large Remonstrance 1. THe danger of Innovation and alteration in Religion This occasioned by 1. The great esteem and favours many professors of the Romish Religion receive at Court 2. Their publique resort to Masâ—e at Denmark house contrary to his Majesties answer to the Parliaments Petition at Oxford 3. The Letters for stay of proceedings against them Lastly the daily growth of the Arminian faction favoured and protected by Nele Bishop of Winchester and Laud Bishop of Bathe and Wells whilest the Orthodox parts are silenced or discountenanced 2. The danger of Innovation and alteration in Government occasioned by the Billetting of Souldiers by the Commission for procuring one thousand German Horse and Riders as for the defence of the Kingdom by a standing Commission granted to the Duke to be General at land in times of peace 3. Disasters of our Designes as the expedition to the Isle of Rhe and that lately to Rochel wherein the English have purchased their dishonour with the waste of a million of treasure 4. The want of Ammunition occasioned by the late selling away of thirty six Last of Powder 5. The decay of Trade by the losse of three hundred ships taken by the Dunkyrkers and Pirates within these three last years 6. The not guarding the narrow Seas whereby his Majesty hath almost lost the Regality Of all which evils and dangers the principall Cause is the Duke of Buckingham his excessive power and abuse of that power And therefore they humbly submit it to his Majesties wisdom whether it can be safe for himself or his Kingdom that so great power both by Sea and Land as rests in him should be trusted in the hands of any one Subject whatsoever This and the Bill of Subsidies went cheek by joll and were presented to the King in the Banquetting house at White-Hall which being read out with some regret in
that solemnity was done and she in Bed he presents Amptil his Page to her Person and unchaste imbracements reasoning with Scripture that her Body now made subject unto him and so at his command if to evil not her fault let her sin ly at his door but she refusing he left her at this time and takes Amptil whom he That the Kings Majesty had committed the Trial of the business to your Grace my Lord High Constable the Earl Marshal and this Court which course was warrantable by the Laws of other Nations and also by our own who have used the same manner of Trial. That our Law admitted sundry Proofs for Treason which in other matters it did not That all Subjects were bound to discover Treasons and cited two ancient Civilians Hieronymus and Tiberius who gave their Reasons for this kinde of Trial. And he mentioned sundry Records of our own Chronicles and Examples herein as the Duke of Norfolk combating against the Duke of Hartford in Henry 4. his time Jo Ely and William Scroop against Ballamon at Burdeaux the King being there The Lord Morley impeached Mountague Earl of Salisbury And that Thomas of Walsingham and Thomas of Woodstock in their learned Writings expressed sundry Presidents for this manner of Proceeding wishing the Court in Gods Name to go on to the Trial and the Appellant to give in his Evidence Then the Appellant came up upon the Table to whom the Earl Marshal delivered the Petition which he had the day before exhibited to the King And the Defendant being also called up the Petition was read which was in effect That he having accused Ramsey of Treason and also Meldram his Kinsman and of Confederacy against whom Captain Nothwick was witness therefore had desired that the Court would proceed against Meldram first But he was told by the Court that their Cases differing the Appellant was ordered to deliver in his Charge against the Defendant which he did in writing by Bill containing sundry Particulars viz. That in May last in the Low-countreys Ramsey complained to him against the Court of England That the matters of Church and State was so out of frame as must tend to a change if not desolation That thereforefore he had abandoned the Kingdom to live where now he was and to expect a mutation forthwith to which end he had brought present Moneys to maintain him at six pounds a day for three years That Marqucss Hamilton had a great Army promised to him for pay whereof the King had given in hand ten thousand pound and all the Wine Customes in Scotland for sixteen years presently to be sold for the Armies subsistence And that he staid but for Ammunition and Powder to come over for which his Lordship was to mediate with his Majesty of Sweden and the States and then link themselves together of whose minde Rey should know hereafter That their Friends in Scotland had gotten therefore Arms and Powder out of England and that what he should procure in Holland was to be brought over by the Marquess and that all Scotland were sure to them except Three That France and Spain thirsted for England but Hamilton would defeat them for himself His onely fear was of Denmark where he meant to land and either to take him off or make a party That afterwards at Amsterdam Ramsey with Alexander Hamilton solicited him the Lord Rey to be true to them and to be of their Council though as yet they durst not reveal too much of Hamilton's secrets but if he repaired to England he would intrust him with Letters and that his Brother in Law Sea-port knew all This being the effect of the Charge He added That if Ramsey would deny it he was a Villain and a Traitour which he would make good And therewith cast him his Clove Ramsey denied all and said Rey was a Liar a barbarous Villain and threw down his Glove protesting to gar him dy for it if he had had him in place for that purpose Rey was temperate without any passion but smiling replied Mr. Ramsey we will not contend here Answer to my Bill Then Ramsey offered some Reasons of the impossibility of the Charge the slender Numbers of men from England but six thousand raw Souldiers against three Kingdoms whom the first Proclamation might dissipate That the Marquess was neither so wicked nor weak in judgment and if he should conceit to surprize the King what hope had he against his Children and Kindred And therefore said he my Lord Rey is a barbarous Villain and a Liar and he will gar him dy for it or lose his dearest bloud He was interrupted by the Earl Marshal telling him he must not stand upon conjectures but answer the Bill of Form according to Law and was advised to take counsel therein Then Ramsey in general acknowledged all the particular circumstances of time and place alleged by Rey and the discourse to that effect but concluded that no Treason was intended or uttered and craved Counsel to answer which was granted And so the Court adjourned till the fifth of December but upon a fresh Arrest by the Earl Marshal they were to put in Bail for Appearance which were the old Security and Ramsey ordered to answer upon Oath At which Day appearing the fame of the Cause brought thither such a crowd of People as was not imaginable Rey entered as before in manner and habit but Ramsey was new suited in black Satten and presented his Answer in writing to this effect That having well considered the time place and communication with the Lord Rey beyond the Seas as before urged he confesses That Rey demanded of him whether the Marquess Hamilton intended to come over and follow the Wars He said Yes And told him of his Forces six thousand men and of the ten thousand pounds in money and Wine-customes in Scotland which he would selt to maintain the Army and that he would come so provided with Ammunition that being joyned with his Friends he valued no Enemy Upon which Rey replied that his own two Regiments should wait upon him but the place of these Forces to meet was at Sea and there to receive directions from the King of Swede where to rendezvouz Upon which Rey said that his Life and Fortunes should wait on the Marquess who being told of his friendship wrote a Letter to Rey which Ramsey delivered in effect that Rey would get some Ammunition from the King of Swede which was wanting And that speaking in general of matters amiss in England Rey answered God amend all To whom Ramsey replied By God Donnold we must help him to amend all And to all the other matters and things he utterly denies and craves revenge upon Rey's person by dint of Sword Then Doctor Eden of Council for Ramsey spake to the Court That being assigned his Council his opinion was that the Defendant might decline the Combate and reply to the Appellant's Bill in brief with these Reasons First
Covenant of this Kirk and Kingdome made anno 1580. have been indeed the true and main causes of all our evils and distractions And therfore ordaine according to the constitutions of the generall Assemblies of this Kirk and upon the grounds respective above specified That the aforesaid Service-book Books of canons and ordination and the High-commission be still rejected That the Articles of Perth be no more practized That Episcopall Government and the civil places and the power of Kirkmen be holden still as unlawfull in this Kirk That above named pretended Assemblies at Linlithgow 1606. and 1608. at Glascow 1610. at Aberdine 1616. at St. Andrews 1617. at Perth 1618. be hereafter accounted null and unlawfull and of none effect And that for preservation of Religion and preventing of all such evils in time coming general Assembles rightly constitute as the proper and competent Judge of all matters Ecclesiastical hereafter be keeped yearly and oftner pro re nata as occasion and necessity require The necessity of the occasional Assemblies being first remonstrate to his Majesty by humble supplication As also that Kirk sessions Presbyterians and Synodal Assemblies be constituted and observed according to the order of this Kirk our session the seventeenth of August Hereupon an Act of Councell is formed and all subjects are to subscribe And the Commissioners consents to an Act of Assembly for confirming it To which also the Commissioner doth subsign witht his proviso That the practice of the premisses prohibited within this Kirk and Kingdome out with the Kingdome of Scotland shall neither bind nor infer censure against the practizes outwith the Kingdome but this last Proviso was not approved by the Assembly nor upon Record but only inserted in the Register That in commanding to swear the Covenant 1580. and 1581. King Iames the sixt and his Council did not intend the abjuration of Episcopacie and the reasons were put down in a paper which paper was sent to the Covenanters they were these First that if under those words we abjure the Popes wicked Hierarchy Episcopacie be sworn down then they abjure both their Presbyters and Deacons for the Council of Trent makes the Hierarchy to consist of these three orders Bishops Presbyters and Deacons and abjure one and all but then they answer that they retain Presbyters and Deacons as they are ordained in the Reformed Churches The like may be replyed for Bishops being ordained in a form allowed by Reformed Churches yet they took that forenamed Oath as Iohn Arch Bishop of St. Andrews 1572. and Iames Bishop of Dunkel 1573. as appears by their Council books And certainly their Presbyters must needs derive their orders either from Bishops of that obedience or from Presbyters ordained by such Bishops either from such or none for they will not affirm That non Presbyter can ordinare Presbyterum But thus much by the way let their Inscribed destinctions reply Inter Regnum constituendum and Regnum constitutum and such like evasions But in a word we conclude in the Commissioner Traquair 's own words That the Assembly saith he ought to render thanks to those that had been his Majesties good Informers in working these effects If any think or conceive this to be due to me I protest to act nothing but the part of an Eccho for this Imployment came upon me by my Lord Hamilton's work and if you knew what I know you should acknowledg him to be both a carefull painfull and faithfull Agent in this business and in all that you have intrusted with him This is not entered in their Record it smells too rank of his Treachery but it is most certain he ended so after he had subscribed But to encounter this their Covenant it was ordered in England that all the Scotish Subjects that were to take upon them the trust of the King or Imployment in his Affairs were put to an Oath in England and Ireland I A. B. one of his Majesties Subjects in the Kingdom of Scotland do by the presents sign with my hand upon my great Oath and as I shall be answerable to God upon my Salvation and Condemnation testifie and declare That Charls by the grace of God King of Great Brittain France and Ireland Defender of the Faith is my Sovereign Lord and that next unto Almighty God and his Son Christ Jesus he is over all persons within his Majesties Kingdoms and Dominions and in all Causes as well Ecclesiastical as Civil supreme Governour to whom his Heirs and Successours I am bound in duty and allegeance to all obedience if it were to the loss of my life estate and fortunes and do hereby abjure all Combinations Covenants and Bands that can be pretended upon pretext of Religion or Liberty of the Kingdom and specially the damnable and treasonable Covenant commonly called the popular Covenant so much magnified now in Scotland and do promise never to take Arms against his Majesty his Heirs and Successours offensive or defensive but to abide constant in allegeance duty and obedience which I profess Almighty God hath tied me unto and to do the utmost of my power against all oppositions whatsoever foreign or home-bred So help me God And concerning the five Articles introduced by King Iames at the general Assembly of Perth Anno 1618. it will not be amiss to know what they were First Kneeling in the taking of the Communion and out of the Ministers hands whereas it was before taken sitting â—n their breech and the Bread taken by themselves out of a Bason and the Cup from one another as if they were drinking to others and the Beadle filling up the Cup as it was emptied out of a Flagon which he filled in the Belfery as it was spent Secondly Private Communion to sick persons that were not able to come to Church to be given with three or four Communicants besides Thirdly Private Baptism in case of necessity that the Childe is so sick or weak that he cannot be brought to Church without eminent danger of death and to declare it to the Congregation the next Sunday thereafter Fourthly Confirmation of Children after the Primitive way which was the bringing of them at eight nine or ten years of age to the Bishop of the Diocess to give him account of their Christian Faith and receive his encouragement commendation and benediction to make them continue carefull in it as they were carefully catechised by their Parents and Parish Priests and if any were not well instructed in their Faith the Bishop sends them back without blessing and some rebuke to be better instructed Fifthly Festival days onely five to be kept viz. The days of our Saviour's Birth Passion Resurrection Ascension and Descent of the Holy Spirit Now let any man of reason judg whether any of these could truly fall under the censure of Popery and if any man of any Reason and Learning would not rather follow the practice of the purest Primitive times in these as likewise in those
the French and other strangers assistance the Iesuit in particular had combinations with the Covenanters not in love to them but in policy to ruine the right Reformed Religion by setting up the Presbytery and so all Schism to succeed and a Plot was pretended to bring it about The Narrative of this Design was sooner sent abroad than by Master Pryn or the other after him and needs not the credulity of Sir William Boswel 's Relation as to the thing but whether the Indictor devised this Narration and himself onely the Plotter as usual with politick Pretenders is much suspected yet it is confessed to be framed square enough to publick fame to be believed for truth and thus it was for I have met with some different Copies commonly transcribed which yet need not for they were scattered in Manuscript from the very Authours A Noble-man of Boheme Andreas ab Habern-field now become Physician to the Lady Elizabeth the Palsgrave relict made it known by a Friend to Sir William Boswel and by his means sent to the Arch-bishop of Canterbury Most Illustrious and Reverend Lord We have willingly and cordially perceived that our Offers have been acceptable both to his Royal Majesty and likewise to your Grace This is the onely Index to us that the Blessing of God goeth along with you whereby we are the more extimulated chearfully and freely to declare and discover those things whereby the hazzard of both your lives the subversion of the Realms both of England and Scotland the tumbling down of his Excellent Majesty from his Throne is projected Now lest the discourse should be enlarged with superfluous cicumstances we will onely premise some things which are meerly necessary to the matter First be it known to them that this good man the Informer of the ensuing discoveries was born and bred in the pontifical Religion and spent many years in Ecclesiastical Functions At length being judged a fit person for carrying on the present designe by the advice and command of the Lord Cardinal Barbarino he was made co-adjutor to Con the then Popes Nuncio to whom he appeared so diligent and sedulous in his office that hope of great preferment was given to him But he guided by a better inspiration was not wun by those sugar baits and conscious to himself of the vanities of that Religion whereof he had sometimes been a strenuous Defender having also observed the malice of rhe Romish party found his Conscience much oppressed for ease whereof he resorted in his belief to the Orthodox Religion And thought it his best way to reveal a plot tending to the destruction of so many Innocent souls conceiving his minde would better repose should he vent what he knew into the bosom of some confiding Friend This done he was seriously admonished by that Friend to give manifest tokens of his Conversion and to deliver from imminent danger so many innocent souls To this counsel he willingly consigned himself and delivered the subsequent matters to Writing whereby the Articles lately presented to your Grace may be clearly explicated and demonstrated 1 That the main of the businesse may be known it is to be considered that all these Factions which this day make Christianity reel have their rise from the Iesuitical off-spring of Cham which branch it self into four Orders The first are Ecclesiasticks these take into care the promotions of Religious affairs The second are Polititians their office is to take care for the raising of civil combustions in and refoming of Kingdoms The Third are Seculars who are properly designed for to intrude into offices of near relation to the persons of Princes to insinuate themselves into Civil affairs of the Court as Bargains and Sales The Fourth are men of a lower Orb Intelligencers and spies then to creep into the services of eminent persons Princes Earls Barons or the like and endevour to pervert or cheat them A Society of so many Orders the Kingdom of England nourisheth For scarce all Spain France and Italy can yield so great a multitude of Iesuites as London alone Where are found more then fifty Scotch Iesuites there the said Society hath elected for it self a seat of iniquity and hath conspired against the King and his greatest confidents especially against the Lord Arch-Bishop of Canterbury and likewise against both Kingdoms For it is most certain that the said Society hath resolved upon an Universal Reformation in the Kingdoms of England and Scotland And the determination of the end necessarily inferreth a determination of the means For promotion therefore of the undertaken villanny this Society is dubbed with the title of The Congregregation for the propagation of the Faith with acknowledgeth the Pope of Rome for their principal and Cardinal Barbarino for his Substitute and Deputy The chief patron of this Society is the popes Legate who hath special care of the business into his bosom this rabble of Traytours weekly deposite their Intelligences The Residence of this Legation was obtained at London in the name of the pope by whose mediation it might be lawful for Cardinal Barbarino to work so much the more easily and safely upon the King and Kingdom For none could so easily circumvent the King as he who should be palliated with the popes Authority Seignior CON was at that time the Popes Legate the Universal Minister of that conjured Society and a vehement promoter of the plot whose secrets as likewise those of all other intelligencers the present Informer of all these things did receive and dispatch as the business required CON tampered with the chief men of the Kingdom and left nothing unattempted by which he might corrupt them all and incline them to the Romish party he enticed with many various baits the very King himself he sought to delude with gifts of pictures Antiquities Idols and such like trumperies brought from Rome which yet prevailed nothing with the King Thus familiarly entertained by the King oft at Hampton-Court and at London he was intreated to undertake the Cause of the prince Palatine that he would interpose his authority and by Intercession perswade the Legate of Colen that the Palatine in the next Diet for the Treating about peace might be inserted into the conditions which hee promised but performed the contrary He intimated indeed that hee had been solicited by the King to such an effect but did not advise such consent lest peradventure the Spaniard should say that the Pope of Rome did patronize an heretical Prince In the interim CON smelling from the Arch Bishop the Kings most Confident that the Kings minde was altogether pendulous and doubtful resolved to move every stone and bend all his strength to gain him to his side being confident hee had prepared the meanes For he had a command to make offer of a Cardinals Cap to the Lord Arch-Bishop in the name of the Pope of Rome and that he should allure him also with higher promises that he might corrupt his sincere minde Yet
are contained in our late printed Declarations which were sent to your Lordship which summarily we here repeat That the late Acts of Parliament may be published in his Majesties Name with the States of Parliament That Edenburgh Castle and other Strengths of Scotland may as to their first foundation be fortified and used for our defence and security That our Countreymen in England and Ireland may not be pressed with Oaths and Subscription warranted by your Law and contrary to their National Oath and Covenant That the common Incendiaries the Authours of Combustions in his Majesties Dominions may receive their Censure That our Ships and Goods with all the Dammage thereof may be restored That the wrongs losses and charges which all the time we have sustained may be repaired That the Declarations made against us as Traitours may be recalled That by the advice and consent of the States of England to be convened in Parliament the Garrisons may be removed from the Borders and any Impediment that may stop free Trade and settle Peace for our Religion and Liberties against all Fears of Molestation and the undoing of us from year to year or as our Adversaries shall take the advantage And that the meeting of the Peers the four and twentieth of this instant will be too long ere the Parliament will be convened the onely means of settling Peace the sooner they come the more shall we be enabled to obey his Majesties Prohibition of our advancing with our Army Nothing but invincible necessity hath brought us out of our Countrey to this place and no other thing shall draw us beyond the Limits appointed by his Majesty wherein we hope your Lordship will labour for our Kings honour and the good of our Countrey Leaguer at New-castle Septemb. 8. 1640. Your Lordships loving and humble Servants and Friends c. Those English Lords that meant not to fight either for necessity or honour fearing that their next Meeting might prevent a Parliament had this while devised their Petition to the King in effect for a Parliament the great aim on all sides answerable to the Scots desire before they set out from home which they published at the head of their Army in a Pamphlet called The Intentions of their Army viz. Not to lay down Arms till the Reformed Religion were settled in both Nations upon sure grounds the Causers and Abetters of their present Troubles be brought to publick justice and that in Parliament And these Abetters were the Papists Prelates and their Adherents in general but more particular the Arch-bishop of Canterbury and the Lieutenant of Ireland And therefore to answer them comes out a correspondent Petition from a Compound of six Earls one Viscount and four Barons being a Descant on the Scots Plain-song And to back these Petitions are poasted from London and other places presently after The Lords Petition was thus Most gracious Sovereign The zeal of that duty and service which we ow to your Sacred Majesty and our earnest affection to the good and welfare of this your Realm of England have moved us in all humility to beseek your Royal Majesty to give us leave to offer to your Princely wisdom the apprehension which we and others your faithfull Subjects have conceived of the great Distempers and Dangers now threatning the Church and State and your Royal Person and of the fittest means by which they may be removed and prevented The Evils and Dangers whereof your Majesty may be pleased to take notice are these 1. That your Majesties Sacred Person is exposed to Hazzard and Danger in the present Expedition against the Scotish Army and by occafion of this War your Majesties Revenue is much wasted your Subjects burthened with Coat and Conduct-money billeting of Souldiers and other Military charges and divers Rapines and Disorders committed in several parts of this your Realm by the Souldiers raised for that Service and your whole Kingdom become full of Fears and Discontents 2. The sundry Innovations in matters of Religion the Oath and Canons lately imposed upon the Clergy and other your Majesties Subjects 3. The great increase of Popery and the imploying of Popish Recusants and others ill-affected to the Religion by Laws established in Places of power and tâ—ust especially in commanding of Men and Arms both in the Field and sundry Counties of this your Realm whereas by Law they are not permitted to have any Arms in their own Houses 4. The great Mischiefs which may fall upon this Kingdom if the intentions which have been credibly reported of bringing in Irish and foreign Forces should take effect 5. The urging of Ship money and prosecution of some Sheriffs in the Star-chamber for not levying of it 6. The heavy charge upon Merchandise to the discouragement of Trade the multitude of Monopolies and other Patents whereby the Commodities and Manufactures of the Kingdom are much burthened to the great and universal grievance of your people 7. The great grief of your Subjects by long intermission of Parliaments and the late and former dissolving of such as have been called without the happy effects which otherwise they might have produced For remedy whereof and prevention of the dangers that may arise to your Royal Person and to the whole State they do in all humility and faithfulness beseek your most Excellent Majesty that you would be pleased to summon a Parliament within some convenient time whereby the causes of these and other great grievances which your people lie under may be taken away and the Authors and Counsellors of them may be there brought to such legal trial and condign punishment as the nature of their several offences shall require And that the present War may be composed by your Majesties wisdom without blood in such manner as may conduce to the Honour and safety of your Majesties Person the comfort of your people and the uniting of both your Realms against the common Enemy of the Reformed Religion And your Majesties petitioners shall ever pray c. Concluded the 28. of August 1640 Francis Bedford Roberâ— Essex Mulgrave Say Seal Edward Howard The Earl of Bristow William Hartford Warwick Bulling brook Mandevil Brook Paget The Kings Answer was BEfore the receipt of your Petition his Majesty well foresaw the danger that threatens himself and Crown and therefore resolved to summon all the Peers to his presence upon the 24 of this September and with them to consult what in this case is fittest to be done for his honour and safety of the Kingdom where they with the rest may offer any thing that may conduce to these ends And so accordingly the Lord Keeper had command and did issue out Writs of summons for their appearance at York the 24. of September And to meet them there comes To the Kings most Excellent Majesty The Humble Petition of your Majesties Loyal Subjects the Citizens of London Most Gracious Soveraign BEing moved by the Duty and Obedience which by Religion and Laws your Petitioners owe unto
Kingdom the number of them might very well be conformed unto the number of the several Rural Deanries into which every Diocess is subdivided which being done the Suffragan supplying the place of those who in the ancient Church were called Chorepiscopi might every moneth Assemble a Synod of all the Rectors or Incumbent Pastors within the Precinct and according to the Major part of their voices conclude all matters that shall be brought into debate before them To this Synod the Rector and Churchwardens might present such impenitent persons as by admonitions and supension from the Sacrament would not be reformed who if they should still remain contumacious and incorrigible the sentence of Excommunication might be decreed against them by the Synod and accordingly be executed in the Parish where they lived Hitherto also all things that concerned the Parochial Ministers might be referred whether they did touch their Doctrine or their conversation as also the censure of all new Opinions Heresies and Schisms which did arise within that Circuit with liberty of Appeal if need require unto the Diocesan Synod 3. The Diocesan Synod might be held once or twice in the year as it should be thought most convenient Therein all the Suffragans and the rest of the Rectors or Incumbent Pastors or a certain select number of every Deanry within the Diocese might meet with whose consent or the major part of them all things might be concluded by the Bishop or Superintendent call him whether you will or in his absence by one of the Suffragans whom he shall depute in his stead to be Moderator of that Assembly Here all matters of greater moment might be taken into consideration and the Orders of the monethly Synods revised and if need be reformed and if here also any matter of difficulty could not receive a full determination it might be referred to the next Provincial or National Synod 4 The Provincial Synod might consist of all the Bishops and Suffragans and such other of the Clergy as should be elected out of every Diocess within the Province the Arch-bishop of either Province might be the Moderator of this meeting or in his room some one of the Bishops appointed by him and all matters be ordered therein by common consent as in the former Assemblies This Synod might be held every third year and if the Parliament do then sit according to the act of a Triennial Parliament both the Archbishops and Provincial Synods of the Land might joyn together and make up a National Councel Wherein all Appeals from inferior Synods might be received all their Acts examined and all Ecclesiasticall constitutions which concern the estate of the Church of the whole Nation established The House of Commons could not digest the paiment of Tunnage and Poundage as a duty but as an Act durante some limited time of necessity and in 1628. had drawn up a smart Remonstrance therein which was prevented by Proroguing that Parliament then and continual hammering upon it ever since brought by Bill to pass it away from himself which Bill was brought up by Mr. Speaker to the Lords House and said thus to the King the two and twentieth of Iune That Policy most gracious and dread Soveraign which weighs prerogative and Propriety in the same scales and increases the plenty of the Crown and contentment of the People the even paising of the Beam enables both A principle creating belief in the Subject that not only their wills are bound to Allegiance but their Fortunes and Estates must bend to the Commands of their Soveraign Compulsory obedience by the Transcendent power of Prerogative will not support Government Affections and estates of the people tied with the threads of obedience by rules of Law fastens safety and prosperity to the Crown former Presidents of puissant Princes conclude the glory of their greatness to command the hearts of free-men That several Parliaments hove stampt the Character of a free guift upon the fore front of this aid as a Sacrifice of Thanksgiving for safe conduct of the Merchants and provision of the Navy Our hopes were long since to have settled this for the measure and the time and so to have presented it But as a Ship floting on a Rough sea and cast upon Rocks of fear and dangers tossed upon billowes of distraction and distrust of Church and Common-wealth hopeless ever to pass to the Haven without the hand of that sacred providence yet no division had power to distract any one of us from our duty to your Person To that end I am sent saies he by the Commons to present this as a Mark only of their inward duties untill a further expression of their affections The acceptation of this gift the largest ever given will joyn wings to our desires and hopes to our hearts never to return without that Olive leaf which may declare that the waters are abated and your Majesty may have full assurance of our faith and loyalty The King presently replies I do accept this office as a Testimony and beginning of your dutiful affections and that in due time you will perform your promises when you have leasure And I doubt not but you will see by the passing this Bill the trust I have in your affections and wish it reciprocal so yours to me By this I freely and franckly give over the right of my Predecessors and challenged and though disputed in their times but never yielded till now By which you see how I put my self upon my people for subsistance Rumors of Iealousies and suspitions by flying and Idle discourses have come to my ears But he understands them as having relation to the Scotish Army and preventing Insinuations which vanished in their birth which he leaves to them having of himself no design but to return the affection of his people by Justice and truth After many debates the Commons now resolving to be rid of the Scotish Army and the Charge of the English also passed a Bill of Imposing the Tax of Poll-Mony upon the people for having now the power of an everlasting Parliament they would by degrees inure the people to the Taxes and points which they meant in time hereafter to press upon them The Parliament therefore besides the grant of six subsidies had imposed a Tax seldome or never known which was that of the Pol-Mony wherein the whole Kingdome was to be assessed every Duke at 100. l. a Marquess at 80. l. Earls 60. l. Viscounts and Barons at 40. l. Knights of the Bath 30. l. Knights Bachelirs at 20. l. Esquires 10. l. and every Gentleman dispending 100. l. perannum at 5. l. and all others of ability a competent proportion the meanest head through the whole Kingdom was not excused under six pence which mony the Parliament made use of after This Bill of Poll-mony was offered by the House to the King with two other of great concernment the one for putting down the High Commission Court
from the west Indies the onely facile way to prevail against the Spainard to an expenceful successless attempt upon Cales 4. The precipitate breach with France taking their goods and ships without recompense to the English whose goods were confiscate in that Kingdom 5. The peace with Spain without consent of Parliament the deserting the Palsgraves cause mannaged by his Enemies 6. The charging of this Kingdom with billeted Souldiers with the Design of German Horse to enslave this Nation to Arbitrary Contributions 7. The dissolving of the Parliament 2 Caroli and the exacting of the proportion of five Subsidies after the Parliament was dissolved by Commission of Loan and such as refused imprisoned some to Death great Sums of Money required by Privy Seals Excise the Petition of Right blasted 8. The Parliament dissolved 4 Caroli imprisoning some Members fining them and others Sir Francis Barington died in Prison whose bloud still cries for vengeance of those Ministers of State The publishing of false and scandalous Declarations against the Parliament And afterwards Injustice Oppression and Violence broke in The enlargements of Forests contrary to Charta de Foresta Coat and Conduct Money c. And then the Remonstrance ravels into all the particular pretended Designs corrupt Councils and the effects of what ever happened or usually doth happen in any Nation of Government even to Clerks of the Market and Commissions of Sewers Brass Farthings Projects Monopolies c. Then upon all the mis-actions of Courts of Iudicature Council-Table and all And principally against Bishops and their Proceeding by all their subordinate Officers their Writings Preachings Opinions in conjunction with Papists and Prote stants in Doctrine Discipline and Ceremony And endeavouring to reduce Scotland thereto and an Army was raised against them by Contribution of Clergy and Papists the Scots enforced to raise an Army for their Defence but concluded in Pacification and throughout excusing the Scots palliating all their Insurrections as necessitated to defend themselves against malignant Councils and Counsellours calling them Scots Rebells and the English War Bellum Episcopale Then to make a progress into Reformation the Remonstrance tells us what they have done by their care wisdoms and circumspection removed some Malignants suppressed Monopolies and all the aforesaid Disorders in an instant taking away High Commission and Star-Chamber Courts c. Procuring Bills of Triennial Parliament and continuance of this which two Laws they say are more advantageous than all the other Statutes enforce And in a word what ere the King hath done amiss they are not sparing to publish it what gracious favours he hath afforded by several Bills the Parliament ascribe to their own wisdoms and promise to the King and whole Kingdom more honour and happiness than ever was enjoyed by any his Predecessours And this the Parliament instantly printed and published contrary to the Kings desire though his Answer was speedy to the Petition and Remonstrance thus in effect That having received a long Petition consisting of many Desires of great moment together with a Declaration of a very unusual nature being confident that their own reason and regard to him as well as his express Intimation by his Controller to that purpose would have restrained them from publishing of it untill his convenient time of answer and tells them how sensible he is of this their disrespect To the Preamble of the Petition he professes he understands not of a wicked and malignant party admitted to his Council and Imployment of Trust of endeavouring to sow amongst the People false Scandals to blemish and disgrace the Parliament c. All or any of which did he know of he would be as ready to punish as they are to complain To their Petition the first part concerning Religion and consisting of several Branches as for that of Popish Designs he hath and will concur with all the just Desires of his People in a Parliamentary way To the depriving of the Bishops of their Votes in Parliament their Right is grounded upon the Fundamental Laws of the Kingdom and Constitutions of Parliament For the abridging of the inordinate power of the Clergy The taking away of the High Commission Court moderates that and if there continue Usurpations in their Iurisdictions he neither hath nor will protect them And as to the clause of Corruptions in Religion Church-government and Discipline c. That for any Innovations he will willingly concur for the removal if any be by a National Synod but he is sorry to hear of such terms Corruptions since he is perswaded that no Church can be found upon Earth professing the true Religion with more purity of Doctrine than the Church of England doth which by the grace of God he will maintain not onely against all Invasions of Popery but also from the Irreverence of those many Schismaticks and Seperatists wherewith of late this Kingdom and this City abounds To the second prayer of the Petition concerning the Removal and choice of Counsellours that by these which he hath exposed to Trial there is none so near to him in place and affection whom he will not leave to the Law and to their particular charge and sufficient proof That for their choice of his Counsellours and Ministers of State that were to debar him the natural liberty which all Free-men have being besides the undoubted Right of his Crown to call to his Council whom he pleaseth being carefull to elect persons of ability and integrity To the third prayer concerning Ireland Not to alienate the Forfeited Lands thereof he concurs with them but then whether it be now seasonable to resolve before the Event of War be seen that he much doubts of but thanks them for their chearfull Ingagement for their suppression of that Rebellion upon which so many hazzards do depend And for their Conclusion and promise to apply themselves for support of his royal Estate c. he doubts not thereof from their Loyalties to which he will add his assistance The Kings Declaration to all his loving Subjects Although he doth not believe that the House of Commons intended by their Remonstrance to put him to any Apology for his past or present Actions yet since they have thought it so very necessary to publish the same he thinks it not below his Kingly Dignity to compose and settle the affections of his meanest Subjects He shall in few words pass over the narrative part wherein the Misfortunes of this Kingdom from the first entring to the Crown to the beginning of this Parliament are remembred in so sensible expressions And that other which acknowledgeth those many good Laws passed this Parliament To which he saith that as he hath not refused any Bill for redress of Grievances mentioned in their Remonstrance so he hath not had a greater Motive thereto than his own Resolution to free his Subjects for the future And possibly they may confess that they have enjoyed a greater measure of happiness these last sixteen years both in peace
against their House and Privileges and the Vindication also of divers Members thereof in this Declaration Whereupon we declare that if any person shall arrest either of them or any Member of Parliament by any Warrant from the King onely is guilty of the Breach of the Privileges of Parliament And whereas by several Examinations taken the seventh of this instant January before the Committee in London it did appear that many Souldiers and Papists to the number of five hundred armed came with his Majesty on Tuesday last the fourth of this present to the House c. We do declare that it was a traiterous Design against the King and Parliament And whereas they the said Members did with approbation of the House absent themselves since which time a printed Paper in the form of a Proclamation dated the sixth of this instant issued out for their apprehending and Imprisonment We do declare that the said Paper is false scandalous and illegal and that notwithstanding they may and ought to attend the service of the House And we do declare that the publishing of several Articles of High Treason against them was a high Breach of the Privileges of Parliament a Scandal to his Majesty and Dishonour to the said Members which cannot be sufficiently vindicated unless his Majesty discover the Names of such persons who advised him thereto that they may receive condign punishment This House declaring that all such persons c. are declared publick Enemies to the State c. During these passages a tumultuous Number of common persons came to Westminster out of the City offering violence upon the persons of sundry Bishops going and coming out of the House of Peers which extremely deterred them from their future attendance there whereupon they petition the King and protest That whereas the Pâ—titioners were called up by Writ to attend in Parliament and have a clear and indubitable Right to vote in Bills and other matters debated and ought to be protected They protest before God that they are most willing to do their Duties there accordingly That they abominate all Actions or Opinions tending to Popery all Propensions or Inclinations to any Malignant party or any other partie to which their Consciences sâ—all not move them to adhere That they have been many times menaced affronted and assaulted by Multitudes of people in their coming to do their service to the Parliament and lastly chased away in danger of their Lives without any redress of their Complaints to both Houses c. They do therefore in all Duty and Humility protest before your Majesty and the Peers in Parliament against all Laws Orders Votes Resolutions and Determinations as in themselves null and of none effect which in their absence since the seven and twentieth of December have already passed as likewise against such as shall hereafter pass in that most honourable House during the time of this their forced and violent absence c. and humbly beseech his Majesty to command the Clerk of that House of Peers to enter this their Petition and Protestation Signed John Ebor. Thomas Duresm Robert Covent Lich. Jos Norwich John Asaphan Gul. Ba. Wells Geo Hereford Rob Oxon. Mat Ely Godfr Glouâ— Jo Peterburgh Mar Landaff This fell out as many would have it a leading case to their confusion wherefore the Lords on the thirtieth of December desire a Conference touching matters of high and dangerous consequence where the Lord Keeper told them That this Petition and Protestation of the twelve Bishops is extending to the deep entrenching upon the Fundamental Privileges and being of Parliaments And therefore it was resolved hereupon to accuse them of high Treason and Master Glyn sent of the Arrand to the Lords and to sequester them from Parliament and to be put in safe custody to make good their Answer to the Commons charge and so they were instantly by the Black Rod to be apprehended and were all by eight a clock at night brought on their Knees to the Lords Bar and ten of them committed to the Tower and two of them in regard of their age and the worthy parts of one of them the learned Bishop of Durham were committed to the Black Rod. Then the House of Commons pretending hazzard to their persons upon the late Assault of the King and his Retinue they sent a Message to the King for a Guard To present to his Majesty the just Fears of Designs and Practises to destroy them by a Malignant party in the Face and at the Doors of the Parliament and at your Majesties own Gates c. They humbly desire therefore to have a Guard out of the City of London commanded by the Earl of Essex Chamberlain of your Majesties Houshold And to this end they humbly desire a gracious and speedy Answer because theirs and the Kingdoms safety depends upon it and will not admit of any Delay The King gives Answer That with great grief of heart after their twelve Moneths sitting wherein they have obtained those things for their security and happiness as no Age can equal they should now be disturbed with Ielousies Distrusts and Fears protesting before God that had he any knowledg or belief of the least Design in any of violence against them he would pursue them to condign punishment with the same severity as the greatest Attempt upon his Crown Engaging solemnly the Word of a King that their security from violence shall ever be his care as the Preservation of Himself and Children And if this general Assurance shall not suffice He shall command such a Guard to wait upon them as he shall be responsible for to God who hath encharged him with the Protection of his Subjects There the City taking heart and hands with the House of Commons summon a Common Council where they debate the Jealousies and Fears possessing them and draw up a Petition To the Kings most Excellent Majesty Wherein they represent their Dangers and Distractions by the bloudy Rebellion in Ireland fomented and acted by Papists and of their Designs foreign and at home tending to the ruine of the Protestant Religion The putting out of persons of honour from being Constable of the Tower and the preparations there made the fortifying of White-hall the late Discovery of divers Fire works in the hands of a Papist His Majesties late manner in the House of Commons The effects of which just Fears overthrow the Trade of this City to the utter ruine of the Protestant Religion and the Lives and Liberties of the Subject And pray that by the Parliaments advice the Protestants in Ireland may be relieved the Tower be put in the hands of persons of trust a Guard appointed for the safety of the Parliament and that the late five Members may not be restrained nor proceeded against but by the Privileges of Parliament The King wondring at the wisdom of the City to be lead into the conceit of Fears and Jealousies upon such slender devised Grounds having
proclames that by the last Act of this Parliament concerning Tunnage and Poundage It is there provided that no penalty in that Act or in 1 Iac. shall ensue to any person unless they refuse to compound for any Goods imported or exported after notice given of the same by Proclamation where the said Goods are to be entered And now declares that they pay the said Tunnage and Poundage as by the said Acts are expressed c. at York March 24. with which we end our English affairs for this year The Earl of Northumberland being Admiral and indisposed the King had commanded Sir Iohn Pennington Vice-admiral to take the charge of this Summer Fleet for the Narrow Seas and the Parliament as earnestly recommend the Earl of Warwick for that service inclosing their Message in a piece of Paper within a Letter to the Lord Keeper Littleton of the 28. of March neither by way of Petition Declaration or Letter it being also the first time that ever they took upon them the nomination or recommendation of the chief Sea-commanders and it adds to the wonder being that Sir Iohn Pennington was already appointed by the King for that service and indeed by mediation of the Admirals infirmity without any fault of exception And although he were not appointed nor through some accident might not be able to perform that service yet others of the same profession are so well known to the King that the recommendations of that kinde would not be acceptable and so was the Earl of Warwick absolutely refused The Assizes holden at York and the Gentry Ministers and Free-holders being assembled they most humbly shew to the Kings most excellent Majesty their souls piercing anguish proceeding from the general Distractions of this Kingdom somewhat eased by the comfort of his presence and gracious confidence in the affections of this County Yet the fellow-feeling of the passionate sorrow of the other parts of this Kingdom do inforce them after the tender of their Lives and Fortunes for the safety of his Person Crown and Sovereignty to follow that sacrifice of duty with their Prayer and Petition which shall not cry for help of particular Distractions naming all they could reckon up since his own Declaration in those particulars renders it an unpardonable crime in them to supect his words sacred before God and man But emboldened by the Oracle of Truth that a divided Kingdom cannot stand and his Majesty best acquainted with the means of prevention of danger that he will please to declare the Expedients which may take away all misunderdings betwixt him and his great Council to whom they will also address their endeavours to beget in the King a confidence in their Councils and blessed union necessary to this perplexed Kingdom April 5. To this so humble and hearty Address the King could not hold off their Expectations but suddenly told Mr. Sheriff and the Gentlemen that he believed they expected not a present Answer onely in the general and upon the sudden he sees he is not mistaken in the confidence of their affections nor will he deceive their expectation from him He observes their Petition modest not for themselves in particular and therefore he puts them in minde of three things for their good 1. He will reduce their Trained Bands into a lesser number as they shall shew him the way 2. To advise him to complie with the engagements for to pay them their Arrears for Billet-money and had the Water gone to the right Mill they had not wanted it now 3. For the Court-judicature of York of which he assures them he knows no legal dissolution thereof nothing as yet appears to him directly or indirectly so that it is but shaken not dissolved and if they shall advise the way of setlement thereof for the Northern parts they shall not blame him if they fail and refers them to a day or two for a full answer to all And assured them That as to the Praier of their Petition which included the rest the onely way of good understandings is for the Parliament to consider of his Message the twentieth of January last that the Militia be setled by Act of Parliament explained in his Answer to their Petition of the six and twentieth of March last and wishes them in those to applie to the Parliament for the good of all c. April 7. The King most intent to reduce Ireland by his Message to the Houses offers his own person with these Propositions That he intends to raise his Guard by Commissions out of the Counties near Chester two thousand Foot and two hundred Horse to be there armed from his Magazine at Hull and those to take the Oath of Supremacie and Allegiance The charge of raising and paying them shall be added to the Parliaments undertakings for that War which if too great the King will sell or pawn his Land or Houses Towards which as he hath already writ to Scotland to quicken their Levies for Ulster so he wishes the Parliament to hasten theirs for Munster and Connaught And hath prepared a Bill by his Atturney concerning the Militia for the good of all if received if refused he calls God and the World to judg between them To this the Parliament never returned answer But before the ninth of April some Members of the Commons House had subscribed in pursuance of the Act of Parliament for the reducing the Rebells of Ireland and subsigned unto sixty thousand four hundred and fifty pounds but how or when paid I do not finde The County of Bucks lend freely six thousand pounds upon the said Act for Ireland with great thanks to that County and with promise of very high acceptation if other Counties will part with their moneys so freely which shall be repaid them out of the Bill of four hundred thousand pounds to be raised for that service but how or when repaid I finde not The Parliament apprehending the Kings desire to lay hold on the Magazine at Hull pretend great necessity of Arms and Ammunition at the Tower of London being much diminished from thence by Supplies to Ireland and desire to have it lodged here in more safety than Hull and with easier transport for Ireland And to sweeten it to the peoples apprehension this Petition is accompanied with a charitable Prayer that the Reprieve of six Priests in New-gate may be taken off and they executed This Design concerning Hull presaged the cause of much mischief the ground of war and the first eminent effects of their power in the Militia and therefore the King returns to them a sharp Answer Rather to have an Account from them why a â—arison was placed there without his consent and Souldiers billeted without Law and express words of the Petition of Right than to be moved to remove his Magazine without reason or judgment He would know why his own inclination on the general rumour of Papists was not as sufficient for him to put the
Parliament here after he had â—itted Supplies thither from Scotland and after his return hither he observed such forms for that service as his Council in Ireland did advise they desiring the Proclamation no sooner nor so many by twenty to be by him signed which he did and printed them for haste and sent them over which divers of the Members of both Houses here well know who are the more to blame to suffer such an envious aspersion upon the King when themselves could satisfie the action And wishes that they could with aâ— good a conscience call God to witness that all their counsels and endeavours have been free from private aims personal respects or passions whatsoever as he hath done and does And was it not time for our Brethren of Scotland to put in their Sickle into our Harvest besides their being invited their late entertainment of Fidlers have in England set their wheel a going The King had written a Letter to his Scotish privy Council there of the State of his affairs here Declaring and clearing such imputations which the Parliament endeavoured to fix upon him and his mis-governing together with the indignities and intrenchments upon his person and honour which he is assured will be tender in their natural affection rather to be kindled than extinguished by his distress to which their Covenant bindes them by Oath and Subscription and clears the calumniation to be popishly affected to be guilty of the bloudshed in Ireland to bring in foreign Forces Wherein he calls God to witness he is falsly aspersed And who ever hereafter shall distrust this his Declaration the fault is in the malignitie of their rebellious humours and no ways deserved by him This so wrought upon the hearts of the Scots for that time that I know not how such a Petition was framed by the Nobility and people of the whole Nation and presented to the Council as more could not be required from the most faithfull and indulgent Subject humbly shewing in effect That to call in question the Kings royal zeal and resolution of preserving the Religion Laws and Liberties of these his Kingdoms is so undoubted as after so many reiterated asseverations emitted in his Declarations and Answers and so many evidences of his justice and wisdom cannot be conserved in any but an unchristian distrust And therefore justly challenges from them all due respect to his sacred Majestie by so many ties and titles so much professed and promised by them in their solemn Oath and national Covenant and Oath at his Coronation to defend and maintain the person greatness and authoritie of our dread Sovereign as by the Act of General Assemblie we have all sworn and signed and therefore are bound to represent to their Lordships their humble desires to be assured and known to his Majestie of their loyaltie and resolution And that some course may be taken to the view of the world that they intend the brotherly and blessed conjunction of both Nations happily united in loyaltie and subjection to our Sovereign tending nor intending as they attest God the Searcher of all hearts for any other end but performance of their humble dutie to their dread Sovereign to which they are bound by all ties of Nature Christianitie and Gratitude and to which they crave their Lordships to contribute their wisdoms and and speedie answer hereto May 20. A man would be amazed to finde other effects hereafter of this most serious Protestation which in a word came to this end they sold this their dread Sovereign Lord and King to the death and execution for a piece of money The Parliament hear of this and turn the Scale for eight days after the Scots Council do declare their earnest desires both to King and Parliament to joyn in a perfect union imbracing his Majesties expressions to them of his religious care of the Liberties and Laws of both Kingdomes And do in like manner with brotherly reciprocal affections acknowledg the care and zeal of the Parliament of England to keep a right undâ—rstanding betwixt the two Nations as both the Parliaments have avowed to each other And although they neither will nor should meddle with publick actions of any other Kingdom but as they are called yet since the Parliament of England have drawn the former practices of the Parliament of Scotland into example of Declaration they humbly desire the King to hearken to his greatest his best and most unparalleld Council And utterly disswade the King from any personal journey into Ireland and that a Mediation may be at home ere the wound be wider or the breach deeper To which end they have sent with this Message the E. Loudon Chancellour of Scotland who will give a more full declaration of their minde and desires which in fine came out to be A large Manifestation of their true and heartie affection to the Parliament of England protesting to do nothing contrary to them in their Privileges May 28. Nay after all this the old accustomed Rabble meet at Edinburgh and hearing of the late Letters from the King with the petitionary Answer and the late Message from the Council to the King by the Lord Loudon and finding the affairs of England likely to bring Grist to their Mill these Multitudes I say being as they style themselves The intire bodie of the Kingdom petition or rather threaten the Kings privy Council there not to meddle with any verbal or real ingagement for the King against the Parliament of England And so from that time forward we finde them covenanting to the destructive conclusion as hereafter follows Upon all these Scotish passages the Parliament of England do Protest That those sufferings expressed in those Papers betwixt his Majestie and the Parliament cannot be imputed to any actions of ours who endeavoured with all fidelitie the happiness of his Majestie labouring to take the blame from the King and to lay it on his evil Councils And as touching the Petition we with much contentment and thankfulness observe the faithfulness and good affection of our dear Brethren of Scotland to prevent all Iealousies so timely expressed to the Lords of the Council and we shall never cease to answer their great care with the like diligent endeavours to promote the honour wealth and happiness of that Nation and to preserve the unitie so strongly fortified by mutual interest and affections on both sides And desire the English Commissioners to assure the Scots Commissioners how heartily and joyfully we imbrace their kindness manifested in that Petition Hoping that this constant and inviolable amitie between us and them will prove very usefull for the advantage and securitie of both which it did for a time and ruine to both hereafter In what a miserable condition is the Kingdom when King and Parliament are so divided What not one wise man amongst them Yes truly the Earl of Bristol had a large sense thereof and in this strait he moves for
an Accommodation and states the case to the Lords The King offers says he to concur with the Parliament in the setling of our Liberties is willing to hearken unto all our Propositions and for establishing the Protestant Religion he moves us to it That the Rule of his Government shall be the Laws of the Kingdom and offers a more large and general Pardon than by any his Predecessours And truly my Lords this is all that ever was pretended unto by us We on the other side profess to make his Majestie a glorious King to endeavour to support his Dignitie and to pay unto him dutie and obedience which we by our Allegeance several Oaths and late Protestation ow unto him and to maintain all his just Regalities and Prerogatives which may be conceived is as much as his Majestie will expect from us What then is wanting to give to either mutual satisfaction The greatest difficultie may be how that which shall be agreed upon may be secured It is commonly the last point in Treaties betwixt Princes and of the greatest niceness much more between a King and his Subjects the chiefest difficultie of Accommodation for it is much easier to compose Differences arising from Reasons yea from wrongs than it is to satisfie Iealousies which arising out of diffidence and distrust grow and are varied upon every occasion nay already increased to that height and the mutual replies to those direct terms of opposition that if we make not a present stop it is to be feared speedily to pass beyond verbal contestation In some Answers it is spoken as in fear of a Civil War a word of horrour to such as have seen those unexpressible calamities witness Germany the most flourishing Countrey in Europe now reduced to monstrous miserie Of which we had lately a costly Example for in these unhappy troubles betwixt us and Scotland after there was a stop from acts of hostilitie a desire of peace and the Articles propounded yet the keeping of those Armies whilest the Treatie was on foot at Rippon and after at London cost this Kingdom no less than a million of pounds Then he proposes the way A select Committee of Parliament truly to state the matters in difference with the most probable ways of reconciling them Secondly to descend into the particulars which may be expected either in point of supporting the King or relieving his people And lastly how these conditions agreed upon may be secured Then he sums up the present unhappy estate which needs relief and remedy The deplorable estate of Ireland the Debts and Necessities of the Crown the Distractions likely to produce Confusion of Religion most dangerous and destructive to a State Besides those publick Calamities to consider the distracted condition of every one of us under the different commands of the King and of the Parliament no caution can promise any safetie inconsistent to obedience The Parliament command all persons to obey their Ordinance as the Fundamental Laws The King declares it to be contrary and commands us upon our Allegeance not to obey it and unto contrary commands Conformitie cannot be submitted but by Fasting and Prayer to reduce both parties to Reason But for what was done at York in reference to a Guard of Horse for the Kings person the Parliament vote as a preparation for War against the Parliament a Breach of the Trust reposed in him by his people contrary to his Oath and tending to the dissolution of his Government and all such as serve him there are Traitours to the Laws of the Kingdom 11 Rich. 2. 1 H. 4. Then comes out another larger Declaration or third Remonstrance of all the Kings mis-actions wherein for themselves they allege these following as infallible Positions 1. That they have an absolute power of declaring the Law and that whatsoever they declare to be so ought not to be questioned by the King or any Subject So then in consequence all right and safety of the King and his people must depend upon their pleasure 2. That no Presidents can be Limits to bound their proceedings Then may they do what they please 3. That a Parliament may dispose of any thing wherein the King or Subject hath a Right for the publick good That they without the King are this Parliament and Iudg of this publick good and that his consent is not necessary Then the Life and Liberties of the Subject and all the good Laws made for the security of them may be disposed of and repealed by the major part of both Houses at any time present and by any ways or means procured so to be and the King hath no power to protect the people 4. That no Member of either House ought to be troubled or meddled with for Treason Felonie or any other Crime without the cause first brought before the Parliament that they may judg of the Fact and their leave obtained to proceed 5. That the sovereign power resides in both Houses and that the King hath no Negative Voice Then the King must be subject to their commands 6. That the levying of Forces against the personal commands of the King though accompanied with his presence is not levying War against the King But the levying of War against his Laws and Authority which they have power onely to declare and signifie though not against his person is levying of War against the King 7. That Treason cannot be committed against his person otherwise than as he is intrusted with the Kingdom and discharging that trust and that they have a power to judg whether he have discharged this trust or no. 8. That they may dispose of the King when they will and are not to blame for so doing Certainly the Duke of Venice is of more power than such a Monarch But as large as that was it was not long ere the King returns his Answer to this Book and we may be excused for the length thereof which necessarily is required to their particulars And to which I must refer the Reader being on both parts as much and no more than the Reader may finde in the daily Transactions observed in this History heretofore set down and which hereafter follow But to this Answer of the King we meet with no Reply untill the second of November next following which the Authour styles A Treatise or rather a Tome and that he doubts not but he shall therein give ample satisfaction to the Reader By which we suspect it Apocrypha To which the King never vouchsafed any Rejoinder But the Parliament in reference to their power and authority ordain That all High Sheriffs Iustices c. within an hundred and fifty miles of the Citie of York to make stay of all Arms and Ammunition carrying to York and the persons so conveying to be apprehended c. Another also they ordain That all Sheriffs within the Kingdom of England and the Dominion of Wales shall by the power of the Counties suppress all Forces of Horse and
Foot coming together by the Kings Commission or Warrant and all people of what rank soever are to be aiding to their suppression and these to be published in all Market Towns and Churches May 28. The King proclames as much against the Parliament Forbidding all his people belonging to the Trained Bands or Militia of the Kingdom to obey any Order or Ordinance of any of the Houses according to a Statute 7 Ed. 1. And the same day requires all the Ministers Free-holders Farmers and substantial Copy-holders of the Countie of York to meet at Heyworth Moor near York upon Friday Whitsun week by nine in the morning To the Sheriff of the Countie of York May 28. Which the Parliament declare to be against Law and of none effect and command all people to disobey it for so doing the Parliament will protect them And because divers Members of the Commons were ouâ— of sight and drooping after the King the House commands their personal appearance by the sixteenth day of this instant June upon pain of an hundred pounds to be disposed of to the Wars of Ireland excepting such Members in imploiments for the Parliament June 2. To prevent him of the sinews of War Money for which the Crownâ—jewels with the Queen in Holland are pawned at Amsterdam and other places beyond Seas The Parliament therefore mentioning the intent to make War against them do order That whosoever hath or shall pay leâ—d send or bring any money in specie into this Kingdom for or upon those Iewels or accept of any Bill thereafter shall be an Enemie to the State And the same day they vote their Frame of nineteen Propositions which are forwith sent to the King and truly of the first magnitude that ever any Subjects demanded and yet they must be accompanied with an humble Petition of his faithfull Subjects having nothing they say in their thoughts and desires more precious and of higher esteem next to their immediate service of God than their just and faithfull performance of their dutie to his Majestie and the Kingdom with honour peace and happiness The Propositions 1. That all the Kings privie Council great Officers and ministers of State may be put out excepting such as the Parliament shall approve and to assign them an Oath 2. That all affairs of State be managed by the Parliament except such matters as are transferred by them to the privie Council and to be concluded by the major part of the Nobilitie under their hands the full number not to exceed five and twentie nor under fifteen and if any place fall void in the intervall of Parliament then the major part of the Council to chuse one to be confirmed at the next Session of Parliament 3. That all the great Officers of the Kingdom shall be chosen with approbation of Parliament and in the intervall c. before said 4. The Government and Education of the Kings Children by Parliament c. ut supra 5. Their Mariages to be treated and concluded by Parliament c. 6. The Laws against Papists Priests and others be executed without Toleration or Dispensation except by Parliament 7. No popish Lord or Peer to have Vote in Parliament their Children to be educated in the Protestant Faith 8. To reform Church-government as the Parliament shall advise 9. To setle the Militia as the Parliament have ordered and for the King to recall all his Declarations published against their Ordinances therein 10. All privie Counsellours and Iudges to take Oath for maintenance of the Petition of Right and other Statutes which shall be made this Parliament c. 11. All Officers placed by Parliament to hold their places quam diu bene se gesserint 12. All Members of Parliament put out during this time be restored again 13. The Iustice of Parliament to pass upon all Delinquents and they to appear or abide their Censure 14. The general Pardon to pass with Exceptions as the Parliament shall advise 15. All Forts and Castles of the Kingdom to be disposed of by Parliament ut supra 16. The King to discharge all his Guard and Forces now in being and not to raise any other but in case of actual Rebellion 17. The King to enter strict Alliance with all reformed States for their Assistance to recover the Rights of his royal Sister and her princely Issue to those Dignities and Dominions which belong unto them 18. To clear the Lord Kimbolton and the five Members by Act of Parliament 19. No Peer hereafter to be made shall sit in Parliament without their consent And these Articles being confirmed the Parliament engage to make him a happie Prince June 2. These were the Propositions and how unreasonable may be seen by the Kings resentment of them and others such like after which drew from him the consideration expressed by himself in these words Although says the King there be manie things they demand yet if these be all I am glad to see at what price they set mine own safetie and my peoples peace which I cannot think I buy at too dear a rate save onely the parting with my Conscience and Honour If nothing else will satisfie I must chuse rather to be as miserable and inglorious as mine Enemies can make or wish me Some things here propounded to me have been offered by me others are easily granted the rest I think ought not to be obtruded upon me with the point of the Sword nor urged with the injuries of a War when I have already declared that I cannot yield to them without violaâ—ing my Conscience â—t is strange there can be no method of peace but by making War upon my Soul Here are many things required of me but I see nothing offered to me by the way of gratefull exchange of Honour or any requital for those favours I have or can yet grant them This Honour they do me to put me on the giving part which is more princely and divine They cannot ask more than I can give may I but reserve to my self the incommunicable Iewel of my Conscience and not be forced to part with that whose loss nothing can repair or requite Some things which they are pleased to propound seem unreasonable to me and while I have any masterie of my Reason how can they think I can consent to them Who know they are such as are inconsistent with being either a King or a good Christian. My yielding so much as I have already makes some men confident I will denie nothing The love I have of my peoples peace hath indeed geat influence upon me but the love of Truth and inward peace hath more Should I grant some things they require I should not so much weaken my outward state of a King as wound that inward quiet of my Conscience which ought to be is and ever shall be by God's grace dearer to me than my Kingdoms Some things which a King might approve yet in honour and policie are at some time to be
without the Kings consent were to introduce an Arbitrary Government to which he will never permit The King therefore having by his Proclamation the seven and twentieth of May last prohibited all persons upon their Allegeance to Muster Levy or summon without his consent by warrant or writ from his great seal And that antiently by Statute 5 H. 4. and by subsequent Records his Predecessors have exercised the power of the Militia by Commissions of Array therefore He thinks fit so to do Authorizing you or any three or more of you to Array and Train his people whereof you the Earl of Huntington and in youâ— absence William Earl of Devon or Henry Hastings Esq to be one That for the present you cause to be mustered all the ancient Trained Bands and Freehold Bands of the County and over them to appoint Colonels Captains and Officers Issue warrants for Assembling the people for discharge of that service of all which He expects a plenary accompt The Commission was directed to the Earls of Huntington and Devon Henry Hastings his son Henry Berkley George Villierâ— Thomas Burton Baronets Henry Skipwith Iohn Shepington and Richard Halford Knights and Baronets Wolston Dixey Richard Roberts Iohn Bole Thomas Harlop Erasmus De la fountain and William Iones Knights Henry Hastings George Ashley and Iohn Hate Esqs and to the Sheriff of Leicester-Shire to the same effect as aforesaid the twelfth of Ianuary 18 Car. per ipsum Regem Willis The Parliament ponder hereupon and after serious debate for it much concerned They resolved upon the Question That this Commission was against Law the liberty and property of the Subject And that the Actors therein shall be esteemed disturbers of the Peace and betrayers of the Subjects Lâ—bertie The twentieth of January The King goes on Summons his Lords and his Privy Council attending him at York and declares That He will not require any obedience from them but by the Law of the Land Nor that they yield to any Commands not legally imposed by any other That he will defend them and all others from such Commands and from Votes and Orders of Parliament and defend the true protestant Religion the Lawful liberty of the subject and the just priviledges of the three Estates of Parliament and according as he performs so he expects further Obedience That He will not â—ngage them in any war against the Parliament except for necessary defence against such as invade him or them On which they ingage to him their duty Allegeance in the like answer subscribed by all present which we shall record to posterity for their Loyalty then and of some of their defection after Lord Keeper Littleton Duke of Richmond Marquess Harford The Earls of Lindsey Cumberland Huntington Bath Southampton Dorset Salisbury Northampton Devonshire Cambridge Bristol Westmerland Barkshire Monmouth Rivers Newcastle Dover Carnarvan Newport The Lords of Mowbray and Matravers Willoughby of Ersby Richard Howard of Charlton Newark Paget Chandos Fawconbridge Pawlet Lovâ—lace Savile Coventry Mohun Duâ—smore Saymour Grey of Ruthen Capel Falkland Master controller Secretary Nicholas the Chancellor of the Exchequer Chief Justice Banks The King sends his Letters to the Lord Mayor Aldermen and Sheriffs of London Commanding them not to levy Arms nor raise mony upon pretâ—nce of a Guard to the Parliament But if they shall lend money towards the relief of Ireland as he hath don however the mony be disposed or towards the paiment of his Scots Subjects he shall esteem it an acceptable service if otherwise he shall take it as contempt to him and his authority and shall be compelled â—o question their Chartâ— therein And publishes a General Declaration That having these last seven Moneths met with so many several encounters of strange and unusual Declarations of Parliament He is not amazed with any new Prodigy of that kind and their last of the six and twentieth of May gave warning that they having spent their stock of reproachful language upon Him He was to expect they should now break out into disloyal actions for by that they divested Him of his Authority and assumed it to themselves and now they put forth the fruits of that supream power by their propositions for raising forces under pretence of preserving peace for defence of the King deceiving the People as if the danger were great and he consulted therein Sums up the Parliaments ridiculous devised fears and Jelousies Protests his former and still unshaken Resolutions for Peace for Religion for the Laws and for the Subjects Liberties Advising them not to contribute their power and assistance to ruine Him and themselves satisfies them in all the causeless and groundless scandalous Rumors and Reputations raised against his person and Honour And so excites all his loving Subjects according to their Oaths of Allegeance and Supremacy their Vow and Protestation to contribute their best assistance for the opposing and suppressing of the Trayteâ—ous attempts of such persons as would destroy his Person Honour and Estate and engage the Kingdom in a Civil war He declaring that whoever shall bring into him Money or Ammunition Horse or Arms for his or the publique defence shall receive 8. 1. per cent consideration and shall receive good assurance of the principal and interest upon his Forest Lands Parks and Houses better he saith than the security of the onely name Publique faith All the said Lords subsigning to a Profession disavowing any Preparations or Intentions of war against the Parliament but only endeavouring the firm and constant Parliament of Religion and Laws of peace and prosperity of this Kingdom And by publique Proclamation forbids all Levies of forces without his express pleasure and all contributions or assistance to any such Levies These statutes in force impowring the King and no other to raâ—se Arms as 7 Edw. 1. The statute of Northampton 2 Edw. 3. That in the 11 of Rich. 2. He being under age the Duke of Glocester and other Lords upon pretence for the King raised forces and subdued their adversaries they procured a special Act of pardon for it In the Reign of H. 8. the Earl of Shrewsbury to suppress a suddain Rebellion did without the Kings warrant raise Arms and Mastered the Traytors yet was forced to obtain his Pardon By the Statute 25 of Edw. 3. It is Treason to Levy war against the King in his Realm It was the case of the Earl of Essex upon pretence of but removing some ill Councellors about Queen Elizabeth and adjudged Treason It is the present excuse of the Irish Rebels for defence of the Kings authority and of his Kingdome Wat Tyler Iack Cade and Kit the Tayler wanted not such publique pretences which were perhaps just causes of complaints though not of raising Men. Then to the Parliaments distinction betwixt the Kings person and his authority and so his person at York but his Authority in Parliament See Cook 7 Rep. Coloins case The Oath of allegeance by the Common
this Kingdom by a most wicked and cruel Rebellion there and to divide the King from his Parliament and people here and by false slanders and imputations of things never done nor intended by us hath incensed his Majestie so as that after many bitter Invecâ—ives published against us without any just cause given he hath now at lastresolved to set up his Royal Standard and draw his Sword for the destruction and ruine of his most faithfull and obedient people whom by the Laws and Constitutions of this Kingdom he is bound to preserve and protect The cases and the fortunes of both Estates being so involved and united we cannot expect to be hindred by them in our just defence or that they will do any thing to aggravate the Miseries and Troubles of this Kingdom in the peace and happiness whereof they have found much advantage and by such unfriendly and unseasonable Supplies of our common Enemies make a way to their own as well as our ruine We therefore desire they may betimes look into this mischief and having searched it into the bottom to stop the further progress of it That they will not suffer more Ordnance Armour or any other like warlike provision to be brought over to strengthen those who as soon as they shall prevail against the Parliament according to their principles and interests by which they are guided will use that strength to the ruine of those from whom they have had it We desire they would not send over any Countreymen to further our Destruction who were sent to them for their preservation That they will not anticipate the spilling of English bloud in an unnatural civil War which hath been so chearfully and plentifully hazzarded and spent in that just and honourable Waâ— by which they have been so long preserved and to which the bloud of those persons and many other Subjects of this Kingdom is still in a manner dedicated but rather that they will cashier and discard from their Employment those that will presume to come over for that purpose And in satisfying these our reasonable and necessarie Desires they shall thereby not onely secure us but themselves yea they shall most of all advantage his Majestie for whose service those things are pretended to be done The question between his Majestie and Parliament is not whether he shall enjoy the same prerogative and power which hath belonged to our former Kings his Majesties royal predecessours but whether that prerogative and power should be imployed to our defence or to our ruine We expect nothing from him but securitie and protection from those mischievous Designs which have been so often multiplied and renewed against us though hitherto through Gods providence as often frustrated It cannot be denied by those who look indifferently on our proceedings and affairs but that it will be more honour and wealth safetie and greatness to his Majestie in concurring with his Parliament than in the course in which he now is but so unhappie hath his Majestie and the Kingdom been in those who have the greatest influence upon his Counsels that they look more upon the prevailing of their own pâ—rtie than upon any those great Advantages both to his Crown and Royal Person which he might obtain by joyning with his people And so cunning are those Factors for Poperie in prosecution of their own aims that they can put on a counterfeit visage of honour peace and greatness upon those courses and counsels which have no truth and realtie but of weakness dishonour and miseries to his Majestie and whole Kingdom We have lately expressed our earnest Inclinations to that National love and amitie with the United Provinces which is nourished and confirmed by so many civil respects and mutual interests as makes it so natural to us that we have this Parliament in our humble Petition to his Majestie desired we might be joyned with that State in a more near and strait League and union And we cannot but expect some returns from them of the like expressions and that they will be so far from blowing the fire which begins to kindle amongst us that they will rather endeavour to quench it by strengthening and encouraging us who have no other Design but not to be destroyed and preserve our Religion save our selves and the other Reformed Churches of Christendom from the massacres and extirpations with which the principles of the popish Religion do threaten us and them which are begun to be acted in Ireland and in the hopes endeavours and intentions of that partie had long since been executed upon us if the mercie favour and blessing of Almightie God had not superabounded and prevented the subtiltie and malignitie of cruel wicked and bloud-thirstie men And thus being fleshed they go on amain having seized the Kings Magazines Forts Navy and Militia leaving him naked and indisposed no doubt to the beginning of this War whereof himself complains How untruly I am charged says he with the first raising of an Armie and beginning this Civil War the eys that onely pitie me and the loyal hearts that durst onely pray for me at first might witness which yet appear not so many on my side as there were men in Arms listed against me mine unpreparedness for a War may well dishearten those that would help me while it argues truly mine unwillingness to fight yet it testifies for me that I am set on the defensive part having so little hopes or power to offend others that I have none to defend my self or to preserve what is mine own from their prerâ—ption No man can doubt but they prevented me in their purposes as well as their injuries who are so much before hand in their preparations against me and surprisals of my strength Such as are not for them yet dare not be for me so over-aw'd is their loyaltie by the others numbers and terrours I believe mine innocencie and unpreparedness to assert my Rights and Honour makes me the more guiltie in their esteem who would not so easily have declared a War against me if I had first assaulted them They knew my chiefest Arms left me were those onely which the Ancient Christians were wont to use against their Persecutours Prayers and Tears These may serve a good man's turn if not to conquer as a Souldier yet to suffer as a Martyr Their preventing of me and surprizing my Castles Forts Arms and Navie with the Militia is so far best for me That it may drive me from putting any trust in the arm of flesh and wholly to cast my self into the protection of the living God who can save by few or none as well as by many He that made the greedie Ravens to be Elias's Caterers and bring him food may also make their surprizal of outward force and defence an opportunitie to shew me the special support of his power and protection I thank God I reckon not now the want of the Militia so much in reference to mine own protection as my
with Mr. Hotham who was in ill case to continue but must be forced to retreat to Hull The Forces of the West in Cornwall for the King began to form into a Body near Pendennis Castle the Governour thereof Sir Nicholas Slaning a gallant Gentleman and assisted 〈…〉 others Sir Bevil Greenvile who possessed themselveâ—â—â—aunston the County Town of Cornwall but not long after Sir Ralph Hopton appears in chief command over the Cavaliers The Parliament had Plymouth the neighbour Port Town of Devonshire bordering Cornwall in the South and Sir George Chudly a Stickler for them for a time onely The Kings party increased in Mid-Wales and descending Southwards as he marches the Welch come to him from all parts of Hereford Monmouth mightily increasing by the power and industry of the Earl of Worcester their Brigades reaching to Oxford and round about where Prince Rupert commanded who took Powder and Match marching through Staffordshire to reprieve Manchester The Parliament party lay about Warwick Coventrie Worcester Buckingham and their Brigades round about even to Glocester Some Arms for the King are landed at Newcastle and ten thousand pounds in Money to raise Dragoons in Northumberland and to fall into Yorkshire which appeared for the King The King on his march from Wales descended Southward and now being near Stafford the Parliament order That the Citie of London be strongly guarded and Posts Bars and Chains be erected and set up in places and by-lanes of the Parishes of St. Margarets Westminster St. Martins in the Fields St. Clements Savoy Holborn St. Giles Covent-garden St. Johns Street â—lerkenwell Criplegate Shoreditch White-chapel Islington Mile-end Southwark Lambeth or any other places necessary at the charge of the Parish by equal Assesment Octob. 22. And the Parliament declare a solemn Protestation to all the world In the presence of Almightie God for the satisfaction of their Consciences and the Discharge of that great Trust which lies upon them That no private passion or respect no evil intention to his Majesties person no Design to the prejudice of his just Honour and Authoritie engaged them to raise Forces and take up Arms against the Authours of this War whereof the Kingdom is now inflamed And after they have by clearing themselves lodged the occasion upon the Contrivers Papists about the King for extirpation of the Protestant Religion wherein principally this Kingdom and Scotland are concerned as making the greatest Body of Reformation in Christendom they conclude For all which Reasons they are resolved to enter into a solemn Oath and Covenant with God to give up themselves lives and fortunes into his hands and defend this his cause with the hazzard of our lives against the Kings Armie according to a form agreed upon and to be subscribed and to associate and unite with all the well-affected of the Citie of London and other parts of his Majesties Dominions 〈…〉 expect their dear Brethren of Scotland that they will help and 〈◊〉 defence of this Cause which if the Popish partie prevail must needs involve Scotland in the like alteration of Religion and engage them also in a War against this Kingdom to defend their own Religion And this they do again they say protest before the everliving God to be the chief end of all their counsels and resolutions without any intention to injure his Majestie either in his person or just power Octob. 22. And the Battail of Edg-hill the next morning being Sunday After the Kings party had beat the Enemy at Worcester Fight the three and twentieth of September he joyns all his Brigades near hand and marches to meet General Essex hovering thereabout to watch the Kings Designs who lodged on Saturday night October 22. at Sir William Chancies six miles near Keinton and Essex at Keinton And early the next morning being Sunday the three and twentieth drew up into a Body near Keinton and ascending the top of Edg-hill with his Prospective Glass took view of Essex his Army in the Vale of the Red Horse about a Mile distant but before the King could draw into order he was saluted with three Pieces of Cannon from the other side with three Shouts of their Souldiers And being asked by his Officers what his Majesty meant to do To give him Battel said the King it is the first time I ever saw the Rebells in a Bodie God and good mens prayers to him assist the justice of my cause And instantly ordered the Fight by the return of two Shot of Cannon in answer to theirs about two of the clock after noon the Word was God and King Charls his greatest Body of Horse was on the right Wing and on the left some Horse and Dragoons The Parliaments Army was put into this order the Foot a good space behinde the Horse when the Charge began three Regiments of Horse on the right Wing the Generals Regiment commanded by Sir Philip Stapleton Sir Balfore's Regiment who was Lieutenant General of the Horse and the Lord Fielding's Regiment which stood behinde the other two as a Reserve Sir Iohn Meldrum had the Van with his Brigade Colonel Essex the middle the General 's Regiment the Lord Brook and Colonel Hollis had the Rear in the left Wing were twenty Troops commanded by Sir Iames Ramsey Commissary General And thus they stood The Earl of Lindsey Lord High Chamberlain of England was the Kings Captain General but the Fight was ordered by the Lord Ruthen since made Earl of Forth a Scotish man and the General lead on the main Body with a Pike in his hand it is said that General Essex lead on his Forces also but then it is confessed that he was advised to retire from Danger and so he escaped when the other was killed The Forlorn Hope was commanded by Major Baâ—stake and Captain Hamond both of them Officers in Sir Lewis Diveâ— Regiment of Foot and drawn down the Hill to the side of a Ditch lined with Musquetiers and both sides had no sooner fired but that the Kings Cannon followed and discharged six or seven Shot Prince Rupert General of the Horse commanding the right Wing routed their left Wing and followed them in chafe to Keinton Town and two Miles beyond killing all whom they overtook the Lord Ruthen ordered the left Wing of the Kings Horse with the Lord Wilmot both of them doing gallant service 't is true Prince Rupert presumed that he had left a sufficient Reserve of Horse behinde under command of the Earl of Carnarvan with some other Troops who seeing the Enemies Horse and Foot to run his spirit not accustomed to stand still followed too far and left their own Foot naked of Horse which Essex espying took the advantage and with his Horse fell upon the Foot including these Regiments the Lord Generals Colonel Fieldings and Colonel Bowels a Regiment raised by the Lord Paget and did much execution upon them this service being done by Colonel Hurry afterwards Major General for the Parliament The Lord General Lindsey
Lord and Commons do declare that all such persons as shall upon any pretence whatsoever assist his Majesty with Horse Arms Plate or Money are Traitours to the Parliament and shall be brought to condign punishment The French in publick appearing very sensible of the unchristian â—â—il War in this Nation had sent the Prince of Harcourt Extraordinary Ambassadour into England commissioned to mediate peace between the King and Parliament being received at London with all due respects but his Arrand was first to the King and therefore desires the Parliaments Pass and had it but notwithstanding at the out Fort at Hide Park corner was stopped the Guard having no such Warrant without searching his Coach and Train of Baggage which he highly resented as the greatest injury from any Nation but there he refused and staid untill some Members of the House were sent to relieve him with such publick scorns Libells and Pamphlets without President and knowing that he came to mediate the Parliament would not be backward upon that score and therefore voted Sir Henry Vane Mr. Saint Iohns with the Lord VVharton a Committee to relate to the City a great Plot discovered which was set forth to the Common Council on Munday the seventh of Ianuary still filling up the Periods of their Speeches with the Gun-powder Treason which they said was much like this Plot for a Peace It was frequent with the Armies whether necessity or special advantage to act extraordinary business on Sundays as Keinton Field Brainford Hopton-heath Leeds Chalgrove Field Basing The King had now large Territories for his Army to march in this Year set him up for on this Day Twelve-moneths past he had but one small County of all the West in Yorkshire but York City and Pomfret Castle and except Reading Wallingford Brill and Abington he had not a Souldier quartered out of Oxford when he had not one Ship nor any Port save Newcastle and Falmouth when the Parliament declared in print that he had not ten thousand Men. And yet the King hath now five small Armies better than Brigades and in all the Western Counties the Parliament hath not a Souldier but at Plymouth and Pool in Yorkshire none but Hull and in Cheshire onely Nantwich The last Battels if we may so call them were at Bodwin Tadcaster Hopton-heath Ancaster Middleton-cheany Stratton Bradford More Chalgrave Chuton Lands-down Round-way-down Auburn Newbury Leek Middlewich and if of some the King had the better of the rest not much to boast The remnant of South Wales is fully reduced and North Wales cleared the whole Principality Cavaliers The Parliament got from the King Strafford and Warrington but all these Towns were the Parliaments last Year which now the King hath viz. Saltash Cirencester Burningham Leege Lichfield Bradford Hallifax Wakefield Taunton Bristol Bath Dorchester Weymouth Biddeford Barnstable Appleford Tenby Haverford-west Pembroke Exeter The Marquess of Newcastle for the King in the Commission of Array was met at Chesterfield in Darbyshire with a vast concourse of people as a Novel to see and hear where he listed fifteen hundred Voluntiers assisted by Sir Iohn Gell his interest thereabout and Sir Iohn Harpers The Lord Byron had good success and took Crew House with all the Arms and Ammunition six Commanders an hundred threescore and five Souldiers as also he took Dodrington belonging to Sir Thomas Delves being a Garison and cleared many places Middlewich Beeston Castle Someback with sundry Prisoners his Brigade being now near seven thousand Horse and Foot Sir William Waller having besieged Arundel Castle in Sussex eight and twenty Days with the sacrifiâ—e of many men had it surrendered the Cavaliers at Oxford will not be perswaded but that it was not fairly delivered on their parts but rather by connivence if not for Reward and if we consult the strength of the place it self the Fortifications Men and Ammunition we may suspect no less not to credit the Purchasers for then it will seem true whose relations of the numbers of Men slain and strength of Ammunition surrendered as it is usual with all conquerours to account comes to a great Sum. This Service made Sir William Waller to fly high desiring the Parliaments Commission to him To place and displace all Governours of Towns and Castles within his Association But this took off the General Essex his Authority from whom all the military Commanders had Commissions And was occasioned through a late difference between Sir William and the Governour of Chichester who refused to admit Colonel Norton to enter his Garison being routed and pursued by the Lord Hopton which difference was by the Parliament referred to the General as it appears by his Letter to the House of Commons he tells them That in truth the Commission he sent to Sir William Waller was not so full as he usually grants and the Reasons why he was so limited are not to be discovered But tells them withall that he did no more than what he ought to do and that the charge he took upon him was not his own seeking though it was a great encouragement to him that the Houses thought him once worthy of the sole command which however lessened yet he will never desert the Cause as long as he hath any bloud in his veins till the Kingdom hath regained her Peace or an end made by the Sword But Sir VVilliam not well pleased with all this returned his Commission back to Mr. Nichâ—las with much regret as it appears by his Letters which accompanied this Surrender I have said he returned the Commission which is as good as nought The Counties of Devon and Cornwall Cavaliers for the King unanimously joyned in Association in these words VVhereas a few malevolent and ambitious persons in the name of two Houses of Parliament have by treasonable practices imbroiled this Kingdom in a Civil VVar pursued his Majesties person murdered his good Subjects some of them barbarously by the common Hangman against Law and Iustice others by hostile Assault brought a general devastation upon the whole Kingdom taking away all Liberty from the Members of both Houses by awing terrifying and assaulting them with Tumults and Arms usurping the Regal power counterfeiting a great Seal to shew their horrid intentions against the King Kingdom and Government and finding their Acts not likely to protect them from the punishment due to their merits have unnaturally invited the Scots to invade this Kingdom and in these Distractions to make a total Conquest of this Nation for Resistance whereof and preserving the common peace the Inhabitants of Devon and Cornvvall have united themselves and for continuance of which union this ensuing Protestation is to be taken I. A. B. do in the presence of Almighty God promise vow and protest with my utmost power to maintain and defend the true Reformed Protestant Religion established by Law in this Kingdom against all Popery popish and all other Innovations of Sectaries and Schismaticks as also his
returns sundry Pieces of strength were delivered up to his Mercy as Ilfercombe September 12. Barstable six daies after Saltash storm'd and taken and returns homewards to Banbury and raises that siege and in November his Army Rendezvouse on Burlington Green raiseth Dennington siege and advanceth to Hungerford where the Parliaments Forces leaves the field and rise from Basing siege the King regains Monmouth and returns to Oxford 23. of November And notwithstanding these Martial exploits to them that he was therein defensive and a sufferer also in his good successe he woes his Adversaries for peace all the way he marches out and returning home for after the defeat of Waller at Copredy Bridge he writes himself from Evesham 4. Iuly to the Lords and Commons of Parliament assembled at Westminster C. R. We being deeply sensible of the Miseries and Calamities of this our Kingdom and of the grievous sufferings of our poor Subjects doe most earnestly desire that some expedient way be found out which by the blessing of God may prevent the further effusion of blood and restore the Nation to peace from the earnest and constant endeavouring of which as no discouragement given us on the contrary part shall make us cease so no success on ours shall ever divert us For the effecting thereof we are most ready and willing to condescend to all that shall be for the good of us and our people whether by the way of conformity which we have already granted or such further concessives as shall be requisite to the giving of a full assurance of all the performance of all our most real professions concerning the maintenance of the true reformed Protestant Religion established in this Kingdom with due regard to the ease of tender consciences the just priviledges of Parliament and the liberty and property of the people according to the Laws of the Land As also by granting a general pardon without or with exceptions as shall be thought fit In order to which blessed peace we doe desire and propound to the Lords and Commons of Parliament assembled at Westminster That they aâ—pâ—int such and so many persons as they shall think fit sufficiently authorized by them to attend us at our Army upon safe conduct to come and return which we do hereby grant and conclude â—iâ—h us how the premisses and all other things in question betwixt us and them may be fully setled whereby all unhappy mistaking between us and our people being removed there may be a present cessation of Arms and as soon as may be a total disbanding of all Armies the Subject have his due and we be restored to our rights Wherein if this our offer shall be accepted there shall be nothing wanting on our part which may make our people secure and happy Given at our Court at Evesham 4. of Iuly 1644. And to shew his gracious inclination to Peace and that he seeks all fair ways and means thereto see how he descends to seek it from a Subject and his deepest Enemy the Earl of Essex at Lestithiel and the King at Liskard Essex I have been very willing to believe that when ever there should be such a Conjuncture as to put it in your power to effect that happy Setlement of this miserable Kingdom which all good men desire you would lay hold of it that season is now before you you having it at this time in your power to redeem your Countrey and the Crown and to oblige your King in the highest degree an action certainly of the greatest piety prudence and honour such an opportunity as perhaps no Subject before you hath ever had or after you shall ever have to which there is no more required but that you join with me heartily and really in the setling of those things which we have both professed constantly to be our onely aims Let us do this and if any shall be so foolishly unnatural as to oppose their Kings their Countries and their own good we will make them happy by Gods blessing even against their wills the onely Impediment can be want of mutual confidence I promise it you on my part as I have endeavoured to prepare it on yours by me Letter to Hertford from Evesham I hope this will perfect it when as I here do I shall have engaged to you the word of a King that you joining with me in that blessed work I shall give both to you and your Armie such eminent marks of my confidence and value as shall not leave a room for the least Distrust amongst you either in relation to the publick or your self unto whom I shall then be Liskaâ—d Aug. 6. 1644. Your faithfull Friend C. R. If you like of this hearken to this Bearer whom I have fully intrusted in particulars but this will admit of no delay To confirm the Kings Intentions and to assure the Armies Ingagement also the great Officers and Commanders subscribe to another Letter to the Earl of Essex My Lord VVe having obtained his Majesties leave to send this to your Lordship shall not repeal the many gracious Messages Endeavours and Declarations which his Majestie hath made and have been so solemnly protested in the presenâ—e of God and Man that we wonder how the most scrupulous can make any doubt of the real and royal performance of them But we must before this apprâ—aching occasion tell your Lordship that we bear Arms for this end onely to defend his Majesties known Rights the Laws of the Kingdom the Libertie of the Subject the Privilege of the Parliament and the true Protestant Religion against Poperie and popish Innovations and this being the professed cause of your Lordships taking Arms we are confident that concurring in the same opinions and pretences we shall not by an unnatural VVar weaken the main strength of this Kingdom and advance the Design of our common Enemies who long since have devoured us in their hopes My Lord the exigent of the time will not suffer us to make any laboured Declarations of our Intentions but onely this That on the Faith of Subjects the Honour and Reputation of Gentlemen and Souldiers we will with our Lives maintain that which his Majestie shall publickly promise in order to a bloudless Peace nor shall it be in the power of any private persons to divert this Resolution of ours and the same we expect from you And now we must take lâ—ave to protest that if this our Proffer be neglected which we make neither in fear of your power nor distrust of our own but onely touched with the approaching miseries of our Nation that what calamities shall oppress posteritie will lie heavie upon the souls and consciences of those that shall decline this Overture which we can not hope so seasonably to make again if this Conjuncture be let go and therefore it is desired that your Lordship and six other persons may meet our General to morrow at such an indifferent place as you shall think fit attended with
Father and Son Vaughan Windebank Greenvile Hide Morley Cole Riddell Ware Strongways Culpeper Floyd Esquires Endimion Porter Henry Jermin Jo. Bodevile David Jenkins Sir George Strode Sir Alexander Carew With twice so many Earls Lords Bishops Knights and Gentlemen of Scotland All Papists that have are or shall be in Arms against either Parliaments or of the Rebellion in Ireland Then are excepted all those of the then Parliament of Oxford and all such of Scotland that have assisted the King there All such as have deserted either Parliaments of both Kingdoms The Estates of such unpardonable to pay publick Debts The tenth part of all other Delinquents within the joint Declaration Then follows other Acts which the Parliaments shall mannage For arming the Kingdoms setling the Admiralties to name Commissioners That all Honours and Titles given since the great Seal went to the King viz. May 21. 1642. or hereafter to be made shall be null Not to vote in Parliaments and so for Scotland since June 4. 1644. The Governours of Ireland and the great Officers of both Kingdoms be nominated by the Parliaments of both Kingdoms The like for Scotland The Kings Children to be governed and married The Prince Elector to be restored Peace and War 〈◊〉 of Oblivion Armies disbanded All these as the Parliaments of both Kingdoms shall order Thus much in general Now for the City of London Acts for them Their Charters Customs Liberties to be confirmed notwithstanding any Non-user Mis-user or Abuser The Militia of London and the Liberties The Tower of London to be in the Mayor and Common-Council The Citizens not to be drawn out of London to any service The Acts of the Mayor and Common Council heretofore and hereafter to confirm as if by Act of Parliaments And these being granted they will endeavour that the King shall live in splendour c. 'T is true that all the Kings party were impatient for Peace which obliged the King to shew his real Intentions being assured that if he could come to a fair Treaty the chief of the Parliaments party could not hinder the Peace first because themselves are weary of the War and next because of their Distractions Presbyterians against Independents in Religion and General against General in point of Command Upon these grounds the most probable means for the King to procure a Treaty was to be used and the noise was therefore published of the Kings return to London the best Rhetorick to please the Popular that thereupon a Treaty would be procured or if refused it would bring most prejudice to the Parliament and advantage to the King for although he offered fair Propositions yet they were mixed with such Conditions as might not easily be admitted and so the Kings offer did but amaze the people into a milder opinion of his proceedings These Propositions for the present were neglected as unlimited yet the King imagined that in a Treaty Commissioners might Argue them into Reason and so returns the Messengers that he will send to the Houses which he did forthwith by this Letter CHARLES REX The Propositions presented to his Majesty being very long which contain matters in themselves of gâ—â—at weight and importance as being in great part in alteration of the frame of Government both in Church and State And the Messengers who presented them declaring that they have no power to treat or consent to any alteration it cannot be expected that his Majesty shall return a Present Particular and Positive Answer But as he hath from his soul alwaies desired the setling of 〈◊〉 〈◊〉 peace in this distracted Kingdom for that purpose hath from time to time tendred all possible Overtures in hope that all will work upon the hearts of all persons concerned That even this apprehension such as it is upon further thought and consideration may produce some good effect towards it to which his Majestie calls God to witness therein shall nothing be wanting on his part which is agreeable to Iustice Honour and Conscience and there shall all possible expedition be used in preparing his Majesties Answer yet â—e intends speedily to send by Messengers of his own and to that purpose that there may be no losse of time He desires safe conduct be speedily for the Duke of Richmond and the Earl of Southampton with their attendance to bring up his Majesties said Answer And his Majesty doth heartily wish that God may so deal with him and his as he endeavours all just and lawful waies to restore this poor Kingdom to a lasting and happy peace G. Digby Secretary Oxford 27. Novem. 1644. The Parliament excepts against this Letter as directed to No body the Parliament not so much as named therein And it was remembred that the Lord Digby by his Letters told them long since That the Foundation upon which the King did build all his designs was never to acknowledge this a Parliament and that if he receded from that Maxim the King would undoe himself and all those that have appeared for him Yet after long debate it was resolved that their General Essex do forthwith return a Letter to Prince Rupert who in the absence of the Lord Brainford appears the Kings Lieutenant General That if his Majesty shall send to the Parliament of England Assembled at Westmin and to the Commissioners of the Parliament of the Kingdom of Scotland they will with all readiness grant a safe conduct for the Duke of Richmond and the Earl of Southampton and treat with them according to his Majesties desire Which was so acknowledged by Prince Rupert in his Majesties Name and directed to the Earl of Essex and so they were received into Somerset House with this Order That no Member visit or speak or send any Message to either of them during their stay here And had audience of a Committee of twenty four Lords and twenty eight Commons and the Scotish Comissioners in the Painted Chamber which was in effect only That the King designed a Treaty and time speedily to be fixed and to be certified by those Messengers but they had Answer of both Houses that they would hasten and so required them to return back Upon the rumour of this intended Treaty and hereafter of a peace the King was assured that the Parliaments chief Articles would be to continue the Irish Wars Indeed this Article of Ireland was a tender point and the King resolved not only not to break the Cessation but to make peace with the Rebels to which end he had promised the Queen in France of some favours to the Catholicks of Ireland And expressely a little before the Treaty he writes to the Marquesse of Ormond That he is sorry to finde the sad condition of his particular fortune for which saies he I cannot finde so good and speedy remedy as the peace of Ireland and to redresse most necessary affairs here Wherefore I command you to dispatch it out of hand with this Addition to my former dispatch And for Poinings Act I
monies thereto for maintenance may be as the Parliament shall think fit The like for Scotland An Act for setling all forces by Sea and Land in Commissioners to be named by Parliament and as both Kingdoms shall confide in and to Suppresse all powers and forces contrary hereto and to act as they shall be directed by Parliament So for the Kingdom of Scotland That the Militia of the City London and of the Parishes without London and the Liberties within the weekly Bills of Mortality be in the Lord Mayor Aldermen and Common-council That the Tower of London may be in the Government of the City and the Chief Officers those be nominated and removable by the Common-council That the Citizens or forces of London may not be drawn out of the City without their own consent and that the example in these distracted times may be no Precedent for the future The next three dayes began the 7. of February and the same was also taken up again Feb. 18. for other three dayes for Ireland That an Act of Parliament be passed to make void the Cessation of Ireland and all Treaties of the Rebells without Consent of Parliment and to settle the prosecution of the War of Ireland in the Parliament to be managed by the joynt advice of both Kingdoms and his Majesty to assist and to do no act to discountenance or molest them therein But the Kings Commissioners were so far from yeilding to this Proposition that they had intimation from the King how he was ingaged for Ireland having two dayes before in great earnest writ to hasten the Peace in Ireland in these words Ormond I cannot but mention the necessity of hastning the Irish Peace But in case against all expectation and reason Peace cannot be had you must not by any means fall into a new rupture with them but continue the Cessation c. for a year for which you shall promise them if you can have it no cheaper to joyn with them against the Scots and Inchequin for I hope by that time my condition may be such as the Irish may be glad to accept lesse or I be able to grant more 16 February 1644. Oxford By those Letters the mystery is opened why the King is so violent for Peace with the Irish but this was tenderly treated by the Kings Commissioners and well they might be willing to shadow these designs if they were acquainted with the bottom which few could fathom In general the Kings Commissioners had upon the matter of the Parliaments Propositions consented unto many particulars and alterations of great Importance and complain that the other have not abated one title of the most severe of their Propositions nor have offered any prospect towards Peace but by submitting totally to those Propositions which would dissolve the Frame of Government Ecclesiastical and Civil In the matter of Religion the Kings Commissioners offered all such alterations as they conceived might give satisfaction to any Objection that hath or can be made against that government with their reasons why they cannot consent to the Propositions but if consented unto could not be in Order to Reformation or publique Peace And though in the Parliaments Covenant enjoyned to be taken by the King and all his Subjects they undertake the Reformation in Government and in Doctrine too thereby laying an imputation of Religion it self yet the Parliaments Commissioners have not given the other the least Argument nor the least prejudice to the Doctrine of the Church of England Nor given any view in particular of what they would propose to be abolished And therefore the Kings Commissioners offered That if the Articles proposed by them did not give satisfaction that then so great an alteration as the total abolishment of a Government established by Law may for the imparlance of it and any reformation in Doctrine for the scandal of it be suspended till after the Disbanding of all Armies the King may be present with the Parliament and calling a National Synod may receive such advice both from the one and the other as may be necessary and as any Reformation thus calmly made must needs prove for the singular benefit so whether the contrary that is an alteration even to things though in themselves good can by the principles of Christian Religion be enforced upon the King or Kingdom In that of the Militia Though the Parliaments Commissioners did not deny that the apprehensions of danger are mutual and that the chief end of depositing the Militia into the hands of certain persons is for securitie against possible dangers Yet they did insist that those persons should be nominated by the Parliaments of England and Scotland and that the time of that great unheard of Trust shall be in such manner that though it seems limited for seven years yet in truth it shall not be otherwise exercised then as the King and Parliament shall agree and he may thereby be totallie divested of the Sword without which he cannot defend himself from Foreign or Domestick or protect his Subjects Add to all that Scotland professing distinct and different Laws shall yet have a great share in the Government of this Kingdom Instead of consenting to these Changes the Kings Commissioners proposed That the persons to be Trusted with the Militia may be Nominated between them or that an equal number the one half by the King the other by the Parliament and all those to take Oath for the due discharge of that Trust so their securitie being mutual neither can be supposed to violate the agreement the whole Kingdom being eye-witnesses of the failing And as it is reasonable that for this security the King parting with so much of his own power as makes him unable to break the Agreements so it is most necessary when the apprehension of all danger of that breach be over that then the Soverain power of the Militia should revert and be as it hath alwaies been in the Kings proper Charge And therefore the Kings Commissioners proposed that the Trust should be for three years a time sufficient to produce a right understanding of both sides and if any thing else material may be necessary to be done that the same may be considered after the Peace setled But in all that this Kingdom may depend of it self and not of Scotland as Scotland shall without advice of this Kingdom Concerning Ireland The Parliaments Commissioners proposed that the King Nul this Cessation made by Royal Authority The Lords Justices and Councels desires and for the preservation of the remain of the poor Protestants there from Famine and Sword And to put the whole War Militia and Government of Ireland into the hands of the Scots General by advice of a Ioint Committee of both Kingdoms wherein each to have a Negative voice To which the Kings Commissioners acquainted them with the just Grounds of the Kings proceedings in that businesse of Ireland which they conceived might satisfie all men of his
please your Honour to admit us with safe conduct to impart some matters to your Honour c. August 14. 1644. From the Generals Quarter Herbert Westfalling Roger Hereford Ja. Newton The wise men were admitted and their secret counsel and advice was To render up all to the valiant Scots and so they parted And the good Doctor bringing them out of the Port had an unfortunate Shot from the Scot that killed him The fifteenth the face of their Battery against Frene-gate was discovered with five several Guns-ports and playing four Cannon jointly at the Wall and made a Breach which was soon made up again and the like on the other side with the same success The seventeenth was a notable Sally at Owen's Church with great execution and divers Prisoners taken they say within their own loss being but one man This is certain the very Boys came out and fired the Scots Works to some purpose and twice they had such success at this Port. At the Castle there were four several Sallies to very great effect and little loss to the Attempters who took many Prisoners and slew more beat them out of their Works with shame and anger Then they raise Batteries against Owen's Church but to little purpose for from the twentieth of August to the seven and twentieth they were weary from shooting but plied their Mine at Owen's and prepared for Scaling which was countermined from within fired their Works and what was not done by burning was effected by Water breaking in and drowning The nine and twentieth Leven assays again by Summons to surrender and is answered with slighting and therefore in terrour the Ladders are prepared the first of September playing with their Cannon upon Bistane-gate and the Half-moon by Owen's Gate but the same Night at the very Noise of the King coming from Worcester they prepared for Flight and the next Morning not a Scot to be seen felt or heard of they were all fled So you see after a Moneths Siege the Scots wasting their Men Money and time march away through Glocester and so to Warwick from thence they pretended to go homewards Indeed they were displeased for want of their Arrears And Leven was somewhat too strictly observed by the English Committee in his Army Besides there was ill News from Scotland Montrose there mightily prevailing for the King even to the hazzard of Edingburgh and so of that Nation Therefore the Scotish Estates call home Sir David Lesly with his Body of Horse and in a snuff the Scots General in England will be gone also with his Army and by leasurely Marches gets Northward and ever and anon he clamours for Money but no Work no Money for he will not be as yet intreated to besiege Newark And Leven being a General in England though an Hireling takes upon him to grant Commissions to English for new Levies against which the Parliament vote That the Scotish Armie in England hath no power to grant Commissions to any person for raising Forces within this Kingdome and that such Commissions are and shall be void And because they will not do as they are bidden the House of Commons vote That if the Scotish Armie in this Kingdom shall sit down before Newark by the first of November next the sum of thirty thousand pounds will be advanced for them else not Nay the Scots General is curbed in his own Quarters concerning Mr. Case who was to be tried by a Council of War of the Scots Army and after much debate thereof in the Parliament It is voted That the Scotish Armie in this Kingdom have no power to trie an English man by Martial Law and that Mr. Case ought to have satisfaction herein Now indeed it began to work and a Committee appointed to examine the Differences arising between the Parliament and Scotish Army who were gotten Northwards into Yorkshire where was no need of their Service and neglected Newark a piece projected for their regaining and therefore a Declaration is drawn up upon these Votes That the Houses will observe and desire to continue the assistance amitie and friendship betwixt both Kingdoms according to the Solemn League and Covenant c. That the residing of the Scots Armie in Yorkshire where they now are is not so usefull to this Kingdom as if they sate down before Newark neither ought they to lay Taxes on the Countrey where they come without making satisfaction That Carlisle Tinby Castle Hartlepool and other Garisons in the North now in the possession of the Scots were to be disposed of according to the directions of the Parliament That if the Scots Armie sate down before Newark according to a former Vote of the House by the first of November next they should have forthwith thirty thousand pounds towards their Pay c. And Commissioners appointed to treat with the Scotish Armie to deliver up all their English Garisons in their hands to the Parliaments Commanders which was obeyed These passages the Scots resent and take time to consider but to meet with their Masters they press the Parliament with Letters and Messages from the Scots Army to setle Church-matters according to the National League and Covenant Nor would they budge from the North parts though they are called Southward for the Kingdoms security and service And after some moneths solicitation and money to pay Arears Shooes and Stockings to boot they are intreated to march to the siege of Newark There they stayed not long but in a pet march Northward to Newcastle where they stuck till they got the King into their clutches sold him and so went home again as the particulars shall mention hereafter We left Fairfax before Sherburn Castle a fortnight since we stood out his Storms Underminings Breaches and what not that Valiant Defendants could doe for their honour But Sir Thomas was potent and prosperous and the Kings condition so low that it was hardly able to give relief to any besieged And therefore Fairfax falls to works with his Cannon shot and makes a breach in the wall thirty foot wide and then sends a second Summons but the Noble Governour Sir Lewis Dives returns a peremptory denial Hereupon he endures a furious storm with as much courage as man could doe But his Souldiers felt the Smart and Terrour and would needs call for Quarter the Governour told them their best security was to fight for absolutely he would receive no quarter and so both parties fall to a cruel encounter and many slain on both sides untill the Defendants were overpowred with numbers and forced to yield upon Quarter Those within were the Governour Sir Io. Strangwain a son of the Lord Paulet Captain Fussil sometime Sub-Governour of Weymouth for the King and many other prisoners And take the Thanksgiving-day for these together Bath Bridgwater Scarborough Pontefract and Sherburn 14. August The King this while marches up and down Wales upon defence and to raise Supplies then comes to Litchfield and by the way fights
Vane jun. M. Rob. Wallop M. Thomas Chicheley Mr. Oliver Cromwel M. Philip Skippon supposing that these are persons against whom there can be no just exception But if this doth not satisfie then his Majesty offers to name the one half and leave the other to the election of the two Houses of Parliament at Westminster with the Powers and Limitations before mentioned Thus his Majesty calls God and the VVorld to witness of his sincere intentions and real endeavours for the composing and setling of these miserable Distractions which he doubts not but by the blessing of God will soon be put to a happy Conclusion if this his Majesties offer be accepted Otherwise he leaves all the World to judg who are the continuers of this unnatural war And therefore he once more conjures you by all the bonds of duty you owe to God and your King to have so great a compassion on the bleeding and miserable estate of your Country that you joyn your most serious and hearty endeavours with his Majesty to put a happy and speedy end to these present miseries Given at the Court at Oxford the 26. of Decem. 1645. No nor yet neither the nearer the King comes the farther they fly And therefore he sends again in pursuance of the former for a personal Treaty C. R. Although the late Message sent to his Majesty may justly require an expostulatory Answer yet his Majesty layes that aside as not so proper for his present endeavours leaving all the World to judg whether his Proposition for a personal Treaty or the flat denial of a safe Conduct for persons to begin a Treaty be greater signs of a real intention to peace and shall now only insist upon his former Message of the 26 of this December That upon his repair to Westminster he doubts not but so to joyn his endeavours with his two Houses of Parliament as to give just satisfaction not only concerning the business of Ireland but also for the setling of a way for the payment of the Publick debts as well to the Scots and to the City of London as others And as already he hath shewn a fair way for the setling of the Militia so he shall carefully endeavour in all other particulars that none shall have cause to complain for want of security whereby just Iealousies may arise to hinder the continuance of the desired peace And certainly this Proposition of a personal Treaty could never have entred into his Majesties thoughts if he had not resolved to make apparent to all the VVorld that the publick good and peace of this Kingdom is far dearer to him then the respect of any particular interest VVherefore none can oppose this motion without a manifest demonstration that he particularly envies his Majesty should be the chief Author in so blessed a work besides the declaring himself a direct opposer of the happy peace of these Nations To conclude whosoever will not be ashamed that his fair and specious protestations should be brought to a true and publick test and those who have a real sense and do truly commiserate the miseries of their bleeding Country let them speedily and cheerfully embrace his Majesties proposition for his personal Treaty at Westminster which by the blessing of God will undoubtedly to these now distracted Kingdoms restore the happiness of a long-wisht-for and lasting peace Given at the Court at Oxford the 29. day of December 1645. For the Speaker of the House of Peers c. At a conference hereupon the House of Commons would not dissent from their resolutions past in that House That is not to Treat but to send the Propositions by way of Bill And voted that the Militia shall remain in the hands of the Parliament and no otherwise And this Resolution including all the rest of the Kings Propositions they thereby medled not as yet with that old Maxime of theirs for the King to come home to his Parliament of which he would often say that they never ment it but by limitation for him to be brought to them a Prisoner the effect and end of this Miserable war but not an end of Miseries But the Messenger sent with this last Answer from the Parliament met with another dated 30. Decemb. in pursuance of his latter in effect as before Adding withall that be will consent to any necessary course for the paiments of the debts of the Kingdoms and to the City of London and to the Kingdom of Scotland and all desirable satisfaction concerning Ireland Using fair and rational motives to the Parliament not to refuse the former Offers which Letters as all the former are debated and evermore committed to the Committee of both Kingdoms where they used to lodge And forthwith to make the matter of the Kings desire of coming to a personal Treaty at London more suspitious and dangerous every day must be debated by the Commons The great Inconvenience and mischief that may come to the City of London by permitting so great Number of Malignants and others from the Enemies Quarters that come to compound for their delinquency and do remain here Then comes out an Ordinance for the Committee of Militia with all speed to provide for the safety of the City and to search for Delinquents and to expel them the Lines of Communication As who should say we having here too many may not admit of any more from Oxford And several Votes and Orders presently thereupon as if the King by his desire of coming with three hundred men had some design to surprize the City and Parliament also It was the 13. of Ianuary before the Parliament had done debating of the Kings Letters of the 26. and 27. of December and now they return Answer to all May it Please Your Majesty VVe c. humbly return this Answer That therein hath been no delay on our parts c. Concerning the Personal Treaty desired by your Majesty there having been so much Innocent blood of your Subjects shed in this War by your Majesties Commands and Commissions Irish Rebels brought over into both Kingdoms and endeavours to bring over more both of them as also forces from foreign parts your Majesty being in Arms in these parts and the Prince in the Head of an Army in the West divers Towns made Garisons and kept in hostility by your Majesty against the Parliament of England There being also forces in Scotland against that Parliament and Kingdom by your Majesties Commissions The war in Ireland fomented and prolonged by your Majesty whereby the three Kingdoms are thereby brought almost to utter ruin and destruction VVe conceive that untill satisfaction and security be first given to both the Kingdoms your Majesties coming hither cannot be convenient nor by us assented unto Neither can we apprehend it a means conducing to peace that your Majesty should come to your Parliament for few dayes with any thoughts of leaving it especially with intentions of returning to Hostility against it And we do
yet suffers not your Majesties Service herein to proceed with that advantage it might do I conceive it not so fit to commit to Paper but I shortly send my Brother who shall fully inform your Majestie with all particulars and thereby rectifie your opinion and give you true 〈◊〉 who are your faithfull Servants I hope long ere this that â—â—ptain Bacon hath arrived with you since mine Enlargement and therefore I need onely tell your Majestie that my further Services intended for you will I hope without further crosses be suffered to go on though strange is the industrie used by many seeming Friends to hinder me therein but I am confident it shall not lie in their power your Majestie remaining still constant as I doubt not but you will to your favourable opinion and right interpretation of my poor Endeavours which if they may take place will procure you to be a glorious and happie Prince I having no other ends but to approve my self Your Sacred Majesties most dutifull and most obedient Subject and passionate devoted Servant Glamorgan Waterford Febr. 23. 1645. But in the mean time ere this last Letter of Glamorgan's was discovered the King had sent another Message Febr. 26. CHARLS R. His Majestie needs to make no Excuse though he sent no more Messages unto you for he very well knows he ought not to do it if he either stood upon punctilio's of Honour or his own private interest the one being already call'd in question by his often sending and the other assuredly prejudg'd if a Peace be concluded from that he hath already offered he having therein departed with many his undoubted Rights But nothing being equally dear unto him to the preservation of his People his Majestie passeth by many Scruples Neglects and Delaies and once more desires you to give him a speedie Answer to his last Message for his Majestie believes it doth very well become him after this very long Delay at last to utter his impatience since the Goods and Bloud of his Subjects cries so much for Peace Given at our Court at Oxford the six and twentieth Day of February 1645. For the Speaker of the House of Peers pro tempore to be communicated c. The King hears of their Votes and Debates daily canvasing the Heads of Propositions and to remove these Remora's that stuck in their way he clears them by another Message and presses for his coming to London CHARLS R. Notwithstanding the unexpected silence in stead of answer to his Majesties many and gracious Messages to both Houses whereby it may appear that they desire to 〈◊〉 their ends by force rather than by Treatie which may justly discouraâ—â— his Majestie from any more Overtures of that kinde yet his Majestie conceives he shall be much wanting in his Dutie to God and in what he oweth to the safetie of his People if he should not intend to prevent the great Inconveniences that may otherwise hinder a safe and well-grounded Peace His Majestie therefore now proposeth that so he may have the Faith of both Houses of Parliament for the preservation of his Honour Person and Estate and that Libertie be given to all those who do and have adhered to his Majestie to go to their own houses and there to live peaceably enjoying their Estates all Sequestrations being taken off without being compelled to take any Oath not enjoyned by the undoubted Laws of the Kingdom or being put to any other molestation whatsoever he will immediately disband all his Forces and dismantle all his Garisons and being accompanied with his Royal not his Martial Attendance return to his two Houses of Parliament and there reside with them And for the better securitie of all his Majesties Subjects he proposeth that he with his said two Houses immediately upon his coming to Westminster will pass an Act of Oblivion and free Pardon and where his Majestie will further do whatsoever they will advise him for the good and Peace of this Kingdom And as for the Kingdom of Scotland his Majestie hath made no mention of it here in regard of the great loss of time which must now be spent in expecting an Answer from thence but declares that immediately upon his coming to Westminster he will applie himself to give them all satisfaction touching that Kingdom If his Majestie could possibly doubt the Success of this Offer he could use many Arguments to perswade them to it but shall onely insist upon that great one of giving an instant Peace to these afflicted Kingdoms Oxford March 23. 1645. For the Speaker of the House of Peers c. But not prevailing we shall end this years Proposals hoping by the next to finde the Parliament herein better disposed The Garison of Westchester for the King was of great consequence and therefore commanded by a Noble Person the Lord Byron the Port and Passage for Ireland the Countrey Contribution was of such a Circuit and sufficiencie that the Parliament now somewhat setled in successes resolved in the begining of August last to besiege it But ere their Forces undertook it they drew considerable strength into the Shire Quartering thereabout and Associating with other of their Garisons The work begins enduring many a brunt from Chester who were well appointed and vexed their Enemies with several repulses to resolve upon a design thus Col. Iones who commanded the Horse for the Parl in a Leaguer near hand at Beeston drew off with Col. Louthian at midnight who commanded the Foot and both making a Party of 1300. Horse and Foot came the next morning at 4. a clock before Chester on the East-side dividing their Forces into four parts to storm in 4. places and being so early and undiscovered Captain Ginbert got upon the Out-works at Forrest-street end Finch on the left hand Holt and Davis at two other places They were opposed by as gallant resolute Commanders but came too late for the Enemy was got in and paid dear for their purchase The Forrest-street and Lanes thereto was taken with the possession of the Mayors House Sword and Mace and the Sheriffs Wand and these sent to the Parliament for signal of thus much success Sept. 23. These Suburbs they possess against the Sallies of the Town daily incounters of either side within and without the Town The Kings Forces thereabout endeavouring with all possible waies to relieve this so useful Garison But then the Enemy enlarges by degrees almost block up the West-side of Chester Oct. 2 The distress comes close which troubles the King at Oxford who gives order to draw out from several Garisons of Hereford Ludlow Bridge-North and Worcester such considerable Forces as made up 1700. Horse and 700. Foot commanded by a Noble Knight Sir William Vaughan and got into a Body near Denbigh Castle twenty miles off of Chester when the Besiegers hear of this and go to Council whether to rest their near appoach or to fight them far off They resolve draw out 1400. Horse and
give content to both in a happy peace Religion being the chiefest Point he advises them to take the Opinions of the Assembly of Divines at Westminster The Militia he will settle it as was offered at Uxbridge into the hands of such persons as the Parliament shall name for seven years and afterwards to be named by the King and Parliament and the like for Scotland and for Ireland He will doe what possibly he is able desiring such of their Propositions as are ready to be sent to him being resolved to comply with them in any thing He wishes both Kingdoms to be careful to maintain Him and his Honour and his just aâ—d lawful Rights He will take a course for satisfying of Publick Debts disband all Armies that so each hinderance being removed he may return to them with mutual comfort And in a Postscript To shew his real intentions to peace is willing that his Forces in and about Oxford be disbanded the Fortifications dismantled they receiving Honourable Conditions which being granted he will give the like order to all the rest of his Garisons Southwel 8. of May 1646. And two dayes after being come to Newcastle He writes his Letters to the States of the Kingdom of Scotland to the same effect And that the truth of these his intentions might be made known to all He desires a Proclamation might be there Printed and published together with this Letter that it is his Voluntary and Cordial resolution proceeding from the deep sence of the bleeding condition of his Kingdoms And that he intends to joyn with his Parliament in setling Religion in purity and the Subjects in safety so expecting their counsel and advice c. Newcastle May 10. 1646. And to satisfie all men He writes the same in effect to his City of London giving them the account of the former Letters from himself that his return to his Parliament might also be to their good likeing May 19. In the mean time came Letters from the Commissioners before Newark of the surrender of that Town and that the Scotish Army was drawn off and retreated about four miles and the King with them in their Army Then the House of Commons Vote for the demanding of his Majesties Person which took up a weeks time and not agreed For Letters were read That the Scotish Army and the King were marched further North towards their old Quarters and the King sodainly expected at Newcastle and a House there prepared for him But the Commons conclude They conceive it reasonable that in England his Majesty be disposed by none but the Parliament of England That the Scotish Armie in England is an Army of the Parliaments and in Pay to them and so theirs besides his Majestie is in open Hostility with the Parliament and hath Towns and Forces abroad against the Parliament and yet he is with the Scotish Army without the approbation of the Parliament c. That the King is or ought to be near his Parliament whereby they may have recourse to him for the better correspondencie between both and the obtaining the concurrence of his Majestie to such things as are most necessary for the Kingdom in the doing whereof it cannot but be of great prejudice and obstruction to have his Majesty some hundred of miles from his Parliament Likewise that by Covenant we are swâ—rn to preserve the Rights and Priviledges of Parliament but to detain the King from his Parliament is altogether inconsistent with the Covenant but the Lords take time to consider hereof The King at leasure also to consider his unhappy condition and now at Newcale the 13. of May in his Soliloquie complains of his misfortune and extremities which have forced him to seek relief any where specially of the Scots Although God hath given me three Kingdoms yet in these he hath not now left me any place where I may with safety and honour rest my head Shewing me that himself is the safest Refuge and the strongest Tower of defence in which I may put my trust In these extremities I look not to man so much as to God he will 〈◊〉 have it thus that I may wholly cast my self and my now distressed Affairs upon his mercie who hath both the hearts and hands of all men in his dispose What providence denies to force it may grant to prudence necessitie is now my Counsellor and commands me to studie my safetie by a disguised withdrawing from my chiefest strength and adventuring upon their Loyaltie who first began my troubles Haply God may make them a means honourably to compose them This my confidence of them may disarm and overcome them my rendering my person to them may engage their affections to me who have oft professed They fought not against me but for me I must now resolve the Riddle of their Loyaltie and give them opportunitie to let world see they mean not what they doe but what they say Yet must God be my chiefest Guard and my conscience both my Councellor and my Comforter though I put my Bodie into their hands yet I shall reserve my Soule to God and my self nor shall any necessities compel me to desert mine Honour or swerve from my judgement What they sought to take by force shall now be given them in such a waie of unusual confidence of them as may make them ashamed not to be really such as they ought and professed to be God sees it not enough to deprive me of all Militarie power to defend my self but 〈…〉 upon using their power who seem to fight against me yet oâ—ght in dutie to defend me So various are all humane afâ—airs and so necessitous may the state of Princes be that their greatest danger may be in their supposed safetie and their safetie in their supposed danger I must now leave those that have adhered to me and apply to those that have opposed me this method of Peace may be morâ— prosperous then that of War both to stop the effusion of blood and to close those wounds alreadie made and in it I am no less solicitous for my friends safetie then mine own chusing to venture my self upon further hazards rather then expose their resolute Loyaltie to all extremities It is some skill in plaie to know when a game is lost better fairlie to give over then to contest in vain I must now studie to re-inforce my judgement and fortifie my minde with Reason and Religion that I may not seem to offer up my Souls libertie or make my Conscience their Captive who ought at first to have used Arguments not Arms to have perswaded my consent to their new demands I thank God no success darkens or disguises Truth to me and I shall no less conform my words to my inward dictates now then if they had been as the words of a King ought to be among Loyal Subjects full of power Reason is the divinest power I shall never think my self weakned while I may make full and free use of
their eyes are wide open to see Heresies and Sects are so multiplied and Schism so much prevails that the Church after so many Miseries of a bloudy and long-lasting War will be in worse case than the former was From which it was pretended for a great happiness to be delivered And in a Treaty of the tenth of March 1641. the Scotish Commissioners had pressed unity and uniformity in matters of Religion in the three Kingdoms unto which the Parliament gave a hopefull Answer Thereafter Anno 1642. the general Assembly in Scotland renewed the same and received thanks for the Motives then further urged therein In fine the mutual Desires were concluded with a solemn League and Covenant and that translated in other Tongues as a Rule and Direction to other Reformed Churches All which considered the Commissioners did tell the Parliament That it would be a sin and shame to England that all sorts of Blasphemies Heresies and Sects now multiplied and liberty of conscience now pleaded for should have place nay that unity and uniformity so much preached should now be slighted and the Covenant it self wrested and perverted to speak any thing and the Churches further from uniformity and unity than ever before And they pray God that the Ruine of Religion and the consequence thereof do not forthwith follow There had been an Ordinance of Parliament March 14. 1645. and Directions thereupon August 19. then next following and now of late some Questions debated in the House of Commons and propounded to the Assembly of Divines at VVestminster touching the point of Ius Divinum as aforesaid the last of April in which the Commissioners of Scotland thought themselves concerned as being intrusted by the Church of Scotland first concerning The subordination of the Assemblies of the Church to the Parliament making no question but the Parliament to be superior to all Assemblies of the Church in place Dignity Honour and earthly power That civil powers are the Vicegerents of God on earth Ministers onely Servants and Ambassadours the Magistrate is Custos utriusque Tabulae and to compell the Ministers to perform their Duties and to account to the civil powers But yet somewhat troubled the Commissioners or rather Mr. Alexander Henderson First the expression of Subordination may be altered lest it should suppose that the relation of one Church-assembly to another and of the Assemblies to the Parliament and of appeals of one to another are of the same kinde and in the same line as if the civil power were not onely about matters of the Church and Religion but were formally Ecclesiastical to be exercised Ecclesiastically because some may interpret it such a Supremacy in the Church as sometimes was in the Pope and hath been as they pretend retained in substance in this Kingdom which they account to be the Fountain of the late High Commission and Foundation of other corruptions and because it is pretended against the Doctrine of the Reformed Churches which are next to the Scripture proposed they pretend in the Covenant as the Example of Reformation Secondly the provincial Commissioners for judging of Scandal there being no Warrant for such a mixture in Church-government from Christ who hath appointed his own Spiritual Officers to whom he hath committed the Keys of the Kingdom of Heaven and to whom the Reformed Churches conceive the judging of Offences and qualification of Communicants doth as properly belong as Preaching of the Word and Administration of the Sacraments Nor can it be supposed that some few civil men having no calling from God can be more able to judg of matters of this nature than the Assembly of the Church separated for the work of the Gospel The same Churches and particularly the Church of Scotland which all this time hath been in expectation of great purity and perfection of Reformation in the Church of England were in jealousies and fears that this may be the laying of a new Foundation of an High Commission Court or Episcopacie and so for a new partition-wall to divide the Church of England and Scotland into Schism and Separation Thirdly concerning the Meeting of the National Assemblie it was acknowledged that the supreme Magistrate may call a National Assemblie and the Church is to obey his call but then the Commissioners would have it withall acknowledged that this power of the Magistrate is accumulative or positive but it is not a privative or destructive power and therefore they would that the liberty of the Church from Christ be not restrained the safety of the Church being here the supreme Law And so they moved the Parliament to appoint fixed times for the Meeting of the National Assemblies otherwise what will become of the ill administration of Provincial Synods and of Appeals from them to the National Assemblies These considerations were discoursed and considered by them as being bound they say to endeavour the Reformation of the Discipline and Government of the Church of England and Ireland according to the Word of God and the Example of the best Reformed Churches And with these and the like Discourses Considerations and Exceptions was the Propositions of long time hammering and modelling into some kinde of Agreement without which the Commissioners themselves concluded and however we finde by the sequel all their Labours and our Sufferings were in vain the long consultations of the Divines of both Kingdoms fruitless and the Commissioners in a Labyrinth what to answer to the Church and Kingdom of Scotland returned home afterwards as wise as they were when they came hither of these Arrands So then we see that the Propositions of Peace have been seemingly a long time in preparation and several Debates thereupon evermore referring to the knowledg and consent of the Commissioners of Scotland here who must be allowed convenient time to send to the Assemblie and Parliament of Scotland and to stay for their Return of Answer but now that the Parliament of England were so prosperous not having hardly an Enemy left unless that of the Scots Army began to neglect their former dependence and concordance with Scotland which their Commissioners here well observing and that their Papers of reasonable Exceptions to some points of the Propositions would not take with the Parliament the Commissioners caused them to be printed published and justified they contained four papers of consequence 1. Their Answer upon the whole Propositions of Peace 2. Reasons touching the Militia 3. The Citations of several passages out of the Declaration of the Houses of Parliament concerning the Militia and Uniformitie in Religion 4. Reasons why the Result of the Committee of both Kingdoms at Edinburgh Novemb. 28. 1643. is a Treaty These were the Heads but the matter was accounted exactly satisfactory and reasonable to all indifferent apprehensions truly stating the several cases comprehended in these papers Which so troubled the Houses that out comes the Declaration concerning the Scotish Papers by the Commons onely for they were now entered and could do things
without the House of Lords We the Commons c. remembering that in the beginning of this War divers Protestations Declarations Suggestions c. were spread abroad by the King whereby the sincere Intentions of the Parliament for the publick good were mis-represented and so no need of a present War which is otherwise apparant by discoverie of the Enemies secrets and Gods immediate Blessings and Successes upon the Parliaments affairs and which Mistakes for some time had blemished the justice of this cause that if the Enemie had prevailed how dangerous the consequence would have been is now apparant And now notwithstanding Gods blessing on all our Endeavours Forces and Armies c. there are still the same spirits though under Disguise putting false constructions upon what hath already passed the Parliament as upon the thing under present Debate begetting a belief That we now desire to swerve from our first grounds aims and principles in the undertaking this War to recede from the solemn League and Covenant and Treaties between us and Scotland and that we would prolong these uncomfortable Troubles and bleeding Distractions to alter the fundamental constitution and frame of this Kingdom to leave all Government of the Church loose and unsetled and our selves to exercise the same arbitrary power over the persons and estates of the Subjects which this present Parliament thought fit to abolish by taking away the Star-chamber High Commission and other arbitrary Courts and the exorbitant power of the Council Table All which c. though our former actions are the best Demonstrations of our faithfulness to the publick yet if mis-believed may involve us into new Imbroilments We do declare our Endeavours are to setle Religion according to the Covenant to maintain the fundamental Rights of the Kingdom the Liberties of the Subject to desire a well-grounded peace in the three Kingdoms c. In effect Concerning Church-government we having so fully declared for a Presbyterial Government having spent so much pains taken up so much time for setling of it passed most of the particulars brought to us from the Assemblie of Divines called onely by us to advise of such things as shall be required of them by the Parliament and having published several Ordinances for putting the same in execution because we cannot consent to the granting of an arbitrary and unlimited power and jurisdiction to near ten thousand Iudicatories to be erected within this Kingdom and this demanded in a way inconsistent with the Fundamentals of Government excluding the power of Parliaments in the exercise of that Iurisdiction nor have we yet resolved how a due regard may be had that tender consciences which differ not in any Fundamentals in Religion may be so provided for as may stand with the Word of God and the peace of the Kingdom And let it be observed that we have had the more reason not to part with the power out of our hands since all by-past Ages manifest that the Reformation and purity of Religion and the preservation and protection of the people hath been by Parliament and the exercise of this power our Endeavours being to setle the Reformation in these Kingdoms of England and Ireland in Doctrine Worship Discipline and Government according to the Word of God and the Example of the best Reformed Churches and according to our Covenant Concerning a peace which is the right end of a just VVar to that purpose both Houses of Parliament have framed several Propositions to be sent to the King such as they hold necessary for the present and future safety of this Kingdom some of which are transmitted to our Brethren of Scotland where they now remain whose consent we doubt not to obtain since the Parliament of England is and ought to be sole and proper Iudg for the good of this Kingdom wherein we are so far from altering the fundamental constitution and Government of this Kingdom by King Lords and Commons that we onely have desired that by the consent of the King such powers may be setled in the two Houses to prevent a second and more destructive VVar not judging it wise or safe for the pretended power of the Militia in the King to have any authoritie in the same for the future introducing an arbitrary Government over this Nation and protecting Delinquents by force from the justice of Parliaments the chiefest grounds of the Parliaments taking up Arms in this Cause We do declare we will not interrupt the ordinary course of Iustice nor intermeddle in cases of private interest And as the Parliament have already for the benefit of the people taken away the Court of Wards and Liveries and all Tenures in capite and by Knights Service so we will take special care for the peoples ease in Levies of Moneys and in reducing Garisons Lastly whereas both Nations have entered into a solemn League and Covenant and Treaties between us concluded which we shall and have duly performed that nothing be done to the prejudice of either of them presuming that the good people of England will not receive prejudicate opinions by any forced constructions of that Covenant which is only to be expounded by them by whose authority it was established in this Kingdom April 18. But in great regret the Parliament order that the Preface to the Pamphlet intituled The Scots Commissioners Papers and the stating of the Question about the Propositions of Peace was this day burnt by the Hangman April 21. At length of time the eleventh of Iuly the tedious Propositions are finished and sent to the King by the Committee Earl of Pembroke and Montgomery and the Earl of Suffolk Mr. Goodwin Sir Iohn Hippesley Mr. Robinson and Sir Walter Earl The Propositions in general are these 1. That his Majesty would pass an Act for the Nulling of all Oaths Declarations and Proclamations against the Parliament of England of Scotland their Ordinances or their Adherents 2. The King to swear and sign the Covenant and an Act for the three Kingdoms to swear unto 3. An Act to take away Bishops and their Dependents 4. To confirm by Act the Assembly of Divines at Westminster 5. To settle Religion as the Parliament shall agree 6. In unity and uniformity with Scotland as shall be agreed upon by both Parliaments 7. An Act to be confirmed against Papists 8. Their Childâ—en to be educated in the Protestant Religion 9. And for Levies against their Estates 10. Against saying of Mass in this Kingdom 11. And in Scotland if they think fit 12. For observation of the Lords Day against Pluralities Non-Residents and for Regulating the Universities 13. That the Militia of England Ireland and Wales by Sea and Land be in the hands of the Parliament for twenty years and the like for Scotland and to raise Moneys for the same and to suppress all Forces raised in that time without their authority against all foreign Invasion Provided that the City of London may enjoy their Privileges to raise and imploy their
for his labour Then the Scots select a Committee of their own Lowthian and others to move the King once more for all to take the Covenant and sign to the Propositions which they did endeavour but could not prevail For the Kings intention to escape was thus proved out of several Letters of the Kings to Hudson whilst he was out of prison by way of direction how to manage the design with great promises of reward to such as should assist therein Hudson sends a Copy of this Letter inclosed in one of his own to Major Gen. Langhorn a Commander in Wales and tels him what a great value the King had of his worth and desires his assistance with other his friends to restore his Majestie to his Rights This letter was sent to Mr. Gibb late of Lincolns Inn who sent it to Mr. Price in Wales who delivered it to Langhorn And had the King escaped it was conceited that he was to be received into a Holland Ship that had lain off at Sea near the Shields this two moneths to carry him God knows whither for none on earth could imagine But now the Scots are ready to deliver up their King and Soveraign to Commissioners appointed by the Parliament to receive him and to convey him to Holmby Viz. the Earls of Pembroke Denbigh and the L. Mountague Sir Iames Harrington Sir Io. Hollyland Siâ— Walter Earl Sir Io. Cook Mr. Crew and Major General Brown And the servants to attend the King in Ordinary were Voted to be Sir Thomas Herbert Mr. Maxwell Mr. Astley Mr. Harrington Mr. Patrick Marel Sir Foulk Grevil Mr. Middleton Serjeant at Arms and Doctor Wilson Physician Mr. Marshall and Mr. Caryll to attend them as Chaplains The Parliament of Edenburgh had some debate concerning the King and Queries put to the General Assembly of Ministers Queries If the King shall come to this Kingdom and that the Kingdom of England shall exclude him from the Government there for his leaving them without granting their Propositions whether or no it will be lawfull for this Kingdom to assist him for the recovery of the Government he not granting the Propositions concerning Religion and the Convenant and not giving a satisfactory Answer to the rest of the Propositions They answer The Quere presupposeth the Kings coming into this Kingdom which Case we humbly conceive should not be put into the Question and therefore we desire your Lordships to go about all means to prevent it as a matter of most dangerous consequence to Religion this Kirk and Kingdom and to the King himself and his Posterity But if the Question be stated simply in these terms If the King be excluded from Government in England for not granting the Propositions concerning Religion and the Covenant and for not giving a satisfactory Answer to the rest of the Propositions whether in that case it be lawfull for this Kingdom to assist him for the Recovery of the Government or if it be not lawfull Being put to it we cannot but answer In regard of the Ingagement of this Kingdom by Covenant and Treaty Negative Hereupon the Parliament of Scotland resolve 1. Resolved upon the Question That the Kingdom of Scotland shall be governed as it hath been these five last years all means being used that the King may take the Covenant and pass the Propositions 2. Resolved That the taking of the Scots Covenant and passing some of the Propositions doth not give warrant to assist him against England 3. Resolved That upon bare taking the National Covenant we may not receive him 4. Resolved That the clause in the Covenant for defence of the Kings person to be understood in defence and safety of the Kingdoms 5. Resolved That the King shall not excute any power in the Kingdom of Scotland untill such time that he hath granted the Propositions concerning Religion and the Covenant and given a satisfactory Answer to both Kingdoms in the rest of the Propositions presented to him by both Kingdoms at Newcastle 6. Resolved That if the King refuse to pass the Propositions he shall be disposed of according to the Covenant and Treaty 7. Resolved That the Union be firmly kept between the two Kingdoms according â—o the Covenant and Treaties And to shew you the consequence hereof see the joint consent of the Estate of Scotland together with the Army for delivering up of the King If the King have any thoughts of coming to this Kingdome Scotland at this time he not having subscribed the League and Covenant nor satisfied the lawfull desires of his loyal subjects in both Nations we fear the consequence will be very dangerous which we desire may be timely prevented Neither is it possible but that our receiving him in this present posture of affairs will confirm the suspition of the English Nation of our under dealing with him before his coming to our Armies and make them not without cause to think that we purpose to dispose of him without their consent Which is contrary to the profession of those that were in trust at the Kings first coming to the Scots Quarters and overthroweth all the Arguments that have been used by the Commissioners of our Parliament in their Papers concerning the disposing of his Majesties Person by the consent of both Kingdomes given in to the Parliament in England Nor do we see how we can vindicate such a practice from a direct breach of our engagement to them by Covenant and Treaty which were not onely to expose us to the hazard of a bloody war but to involve us in the guilt of perjury And what greater disservice could be done to the King and his posterity than to give way to a course that might prove prejudicial to their Interest in the Crown and Kingdome of England and conclude Our carriage now for many years past in the midst of many temptations hath put us beyond all suspition in the point of our Loyaltie Ianuary 14. If otherwise let the world judge And yet the King put some Queries to the Scots Commissioners at Newcastle Ianuary 14 It is a received opinion by many That Engagements Acts or Promises of a restrained person are neither valid nor obligatory How true or false this is I will not dispute but I am sure if I am not free I am not fit to answer your or any Propositions Wherefore you should first resolve me in what state I stand as in relation to freedome before I can give you any further answer the reason of this my answer the Governour can best resolve you But if you object the loss of time and urgency of it certainly in one respect it presses none so much as my self which makes me also think necessary that I be not to seek what to do when this Garison shall be surrendred up to demand of you in case I go into Scotland if I shall be there with Honour Freedom and Safety or how being ready to give you a farther and more particular answer how
establishing such additional Laws as might make for the present and future good of the Kingdom and turning the Propositions into Bills and Acts. Yet the next day they Vote To apply themselves once more to his Majesty for his assent to such things in the Propositions as will most make for the good of this Kingdom And these were for the present concerning the great Seal Honours and Titles taking away Bishops c. Declarations and Propositions against the Parliament raising monies for paying the publick debts of the Kingdom The Head Quarters of the Army continuing at Putney and the King at Hampton Court much business was brewing and at last it burst out There had been of late some Souldiers elected out of each Regiment of Horse and Foot who meet and consult by the name of Agitators for the Army and in short time acted in Councels with others of their Commanders profess nothing more then the peoples Liberty and Power and appear for the present as a third Faction with the Presbyter and Independent in the way of Democracie and these were they that seemingly were for the King and as yet had indulged many kindnesses to him since his first restraint the better to bring their purposes to effect and though their Faction had power sufficient to make their own way and framed their Remonstrance into a Case of the Army yet they humbly present it in a Letter to his Excellency their General setting forth From the deep sence of our duty to God to our Countrey to your Excellency to this Army and to our selves we finde such Obligation upon our Consciences written naturally by the â—inger of God in our hearts that we cannot behold the honour of God to be impaired the works of his hands the Land of our Nativity your Excellency this Army our selves or Posterity ready to be swallowed in confusion and to sit still and not rise in the strength of his might to contribute our best endeavours for the prevention thereof c. and so not to be a strange thing that we the means should state the Case of the Army how declined from its Principles of safety what mischiefs are threatned and what remedies are sutable for prevention c. And from our Consciences we attest and protest in the presence of this all-seeing Deity as we desire safety in this life or that which is to come we have no other then cordial and faithful intents to the meek of this our Native Countries to the Parliament your Excellency and this Army in the business of these Papers presented to you from which we are resolved not to recede c. So humbly craving favourable constructions they remain Signed by the Agitators for Lieutenant Gen. Commissary Gen. Col. Fleetwood Col. Riches Col. Whalies Regiments Hamstead 15. October 1657. This the General recieved favourably and resolves to communicate with the General Council A man would admire against whom they would complain They complain in effect That the grievances of the Army many moneths since represented to the Parliament which upon view of our Narratives Representations c. nothing is done either for the Army or the poor distressed people of the Nation And so they ravel into all the neglects of the Parliament in references to the Army in general or in particular to the Widows Orphans or Maimed Souldiers or pay to the Army not burthening the distressed Countrey That there is no period put to this Parliament the House not sufficiently purged The Army not vindicated from the most horrid Injustice of that Declaration against the Army for Petitioning nor of suppressing burning Petitions and imprisoning Petitioners And reckon up the burdens oppressions arbitrary proceedings of Parliament against the Army deduced from their several Remonstrances in ten particular Articles And conclude That whilst we look for Peace and Freedom the Flood-gates of Slavery Oppression and Misery are opened upon the Nation Then in another Paper they insist upon The Mischiefs Evils and Dangers which are and will be the necessary consequence of the Armies declining or delaying the effectual fulfilling of its first Ingagements Promises and Declarations or of its neglect to insist positively upon its first principles of common Right and Freedom which is expressed in five particulars viz. 1. The love of the people to the Army is almost lost c. 2. The Army seems a burden to them whilst their Opressions are increased and no relief by the Army 3. By which means Distractions Divisions Tumults thereby increasing c. 4. That the People are willing rather to have one Tyrant King then hundreds of others such c. 5. And in the fifth they enumerate all the Mischiefs Clamours Complaints which the people suffer are say they ascribed to the Army which they conclude is occasioned by the misgovernment of the Parliament And amongst their eight particulars of the Armies delaying their promises expressed in several Declarations they insist upon That through the same Declension of the Armies first Principle for setling the Nation in peace before the Kings business be considered he is likely to receive his old capacitie before the peoples Freedoms which they have redeemed out of his hands and his forces by blood be cleared and established securely and likewise before any security be given for Arrears for the Army that conquered him let any rational man judge And likewise by the same means the Armies and their assistants Indemnities propounded to receive its strength from the Kings consent whereas only his Signing of or consent to anie Act is wholly Null and void in Law because he is under restraint but also it s the highest disparagement to the Parliament that when they have commanded an Army upon service against the King they should not have sufficient power to save them harmless for obedience to their Commands and also it s the highest dishonour to the Army that they should seek to the Conquered Enemie to save them harmlesse for fighting against them which is to ask him pardon and so will remain a perpetual reproach upon them Then they propose certain Rules and Orders for due Election of Members of Parliament and urge complaints against the late violence upon the Parliament and to be punished for voting a new War or for the Kings coming to London upon his own termes And that the people shall of course meet without any Warrant or Writ once in every two years upon a day appointed in their respective Counties for electing of their Representatives in Parliament and that all the free-born at the age of twenty one years and upwards be the Electors excepting Delinquents and such Parliaments to have a period of time to determine and before that time that they may not be adjournable or disolvable by any power except themselves and that their power be declared in the people and unalterable And these particulars being very large they sum up with their prayers that seing God hath clothed this Army with honour in subduing the
provision be made for the education of the Children of Papists in the faith and Religion of Protestants for the imposing of Mulcts on Papists and disposing the benefit thereof at the discretion of the Parliament That provision be made for suppressing the practises of Papists against the Common-wealth for the executing the Laws against them without fraud and for the stricter forbidding of administring and frequenting Mass whether in the Court or whatsoever place within England and Ireland 3. That the power of the Militia by Land and Sea throughout England and Ireland reside in the Parliament solely to raise train as many Souldiers as they please to lead them whither they please to levy what monies they think fit for their pay whereby they may encounter intestine troubles and invasions foreign and that the King and his successors shall not claim any right therein for the space of twenty years after the expiration whereof if the Parliam shall think the safety of the Commonwealth to be concerned that an Army whether for Land or Sea service be raised and pay alotted them and exact the same by their Authority that such Votes shall have the force of a Law or Statute even though the King refuse If persons of what quality soever to the number of thirty be gathered together in Arms and at the command of the Lords and Commons shall not lay down Arms they shall be accounted guilty of high Treason without hope of pardon from the King To these by way of Corollarie were added some provisions touching the City of London Priviledges and ordinary power of Ministers of Iustice in executing sentence given 4. That by an Act the Cessation of Ireland and all Treaties and Articles there made without the consent of Parliament be voided That the right of prosecuting the Irish War depend upon the discretion of Parliament That the Deputy and all Ministers whether of the Martial or â—ivil Government be nominated by Parliament the Chancellor of Ireland Keep of the great Seal Treasurer all Officers of the Kingdom all the Judges the places offices honours 〈◊〉 Donations of Lands grâ—nted by the King since the Cessation made be â—ulled 5. That all Honours and Titles since the second of May 1642. at which time the 〈◊〉 of the great Seal carried away the Seal with himself from the Parliâ—ment be declared Null No man likewise 〈◊〉 chosen into the Order of Peeâ—age shall sit in the House of Lords without the consent of both Houses 6. That the Parliament raise what moneys they please for payment of the publick debts and dammages and for whatsoever publick uses they shall see hereafter needfull 7. In the first tank of Delinquents be reckoned to whom no hope of pardon shall be left either for life or fortune with the Kings Kings consent The two Princes Palatine of the Rhine Rupert and Maâ—ricâ— three Earls five Lords two Bishops two Judges of the Kingdom twenty two Knights whose names to remember were too large but these persons were those who had done the King the most acceptable service All Papists which had been in Arms namely the Marquess of Winchester with two Earls two Lords and six Knights as also all that raised or fomented the Rebellion in Ireland In the 2. Rank were placed fifty Noblemen and Knights all Memberâ— of the lower House who deserting the Parliament passed over to the Kings Party as also all the Judges Lawyers Clergy-men be banished from the Kings Court and abstain from publick Offices and that under penalty of Treason loss of life and fortunes that the Judges and Lawyers be proscribed from Courts and their practice the Clergy interdicted their Benefices and liberty of Preaching Such fell upon the third Rank as had committed or councelled ought against the Parliament none whereof shall obtain in future the Office of Justice of Peace or Judge or Sheriff or publick Officer To the fourth Rank are reckoned the Common Souldier and all persons of baser rank whose fortunes were narrower then two hundred pounds All the Lands and goods of those of the first Rank be publickly sold to pay publick debts but of the Members which in the new Parliament held at Oxford pronounced those guilty of High Treason which adhered to Westminster two parts in three of their lands and goods The Moity of others of the Judges Lawyers Clergy-men the third part and the sixth of all the third Rank be sold for the foresaid points The rest be let goe without Câ—nsure Provided they have ingaged themselves in the National Covenant All in the second and third Rank after the payment of their Fines the pardon of Parliament being sued granted be entirely restored 8. That all Offices of the Kingdom and chief Magistracies for â—wenty years next ensuing be collated and constituted according to the pleasure of Parliament 9. That the new Seal framed aâ— the Houses appointment pass by the King into the Seal of England and that no other hereafter be used That all Grants and Commissions sealed by this new one remain firm all under the old Seal which was with the King be voided from such time as the Keeper Littleton conveyed it away from the Parliament 10. That all Priviledges Grants Charters and Immunities of the City of London be confirmed with itâ—rated Acts That the Tower of London and Militia be ordered at the discretion of the Mayor of the City Members and Common Council therein That no Citizen be compelled to Military service out of the Liberties of the City unless at the Parliaments appointment and the last was 11. That the Court of Wards with all Offices and Employments thereto belonging be exterminated That all services likewise on that accompt imposed cease all inheritances which formerly were held of the King in Capite c. namely by Knights service being freed from burden and charges fifty thousand pounds notwithstanding being paid the King yearly in compensation These were the conditions of peace propounded by the Parliament for the Argument or Matter of the Treaty to be commenced so vehemently sought after by the desires of all men and by the Arms of many Nothing changed from those which being formerly sent to the King whilst he remained at Hampton Court were not only rejected by the King but also of the Army as being somewhat too unequal In this one thing they differed that in these last the Scots are unconsidered The Parliament Commissioners are vested with no other Authority then to reply to the Kings Arguments rejoyn Reasons to force his assent having no power to sweeten or alter a word nay not to pass over the Preface but are forthwith to adverâ—ise the Parliament touching the Kings Concessions to transact all in writing and to debate the Propositions one by one in order not to descend to another before agreement touching the precedent and the time limited to dispatch within fourty dayes The Treaty goes on for a good while when suddenly advice comes to the Parliament that
That the Supream power of England is immediately invested only in the people and their Representatives and had Voted therefore that all Committees which before consisted of Lords and Commons should have power to Act though the Lords joyn not herein After much debate the Commons resolved that the House would not agree with their Lordships This day Friday 19. of Ian. the King was brought from Windsor to St. Iames's And the Argument of the people thus long a hammering was perfected by the Commonwealth of the Army at White-hall and presented to the House of Commons by Sir Hardress Waller and 16. Officers Nay more there came a Woman-witch out of Hartfordshire who justified the Armies proceedings by her Revelations from God which was well accepted of the Council as coming from an humble spirit and her advice taken as very seasonable The Commons House being possessed of this great power as great as they list to take erect a new Tribunal for Tryal of the King which is called the high Court of Iustice and so to gain reverence from the Name over which are appointed 150. Judges or Tryers that so in number they might represent the people who are impowered to Convent Hear Iudge and Execute Charls Stuart King of England Into this number are Elected Members of both Houses and others of neither men of several conditions and professions Nay if it were necessary to prove it it was reported for truth there was one man and No-man or rather of double Sex an Hermophrodite But amongst the number were six Earls of the upper House the Judges of the Kingdom Commanders of the Army Members of the Commons and no Members of the City of London of Lawyers nay of several Trades and Professions And all these supposed themselves to deserve much for this desperate enterprize and twenty of them made up the Quorum Little regard is had of the higher House unless of a few Lords whose Authority there was deemed sufficient for Acting Yet when the Vote of the Commons House against the King was carried up there were unwittingly 17. Lords and the major part refused to assent and did reject the Vote as not grounded upon Law Hereupon such Lords which were to be Tryers of the King are expunged the Roll. And afterwards the Judges of the Kingdom are put out as deeming That it was against the received Laws of England that the King should be brought to tryal But on they go and appoint Mr. Iohn Bradshaw lately made Serjeant at Law to be President of the Court and one Cook to be Sollicitor The Presbyterian Ministers now too late declaim against it many more of other Sects by their Sermons Conference Protestations and Remonstrances publish and beseech That against the dreadful tyes of so many Oaths against the publick and private faith backed by Declarations and promises against the Law of the Land against the more sacred Dictates of divine Scripturâ— and Religion nay against the good of the Common-wealth they would not distain their own hands and the Kingdom with the Kings blood The English Nobility offer themselves Pledges on the Kings behalf and universally the people murmur but in vain The 19. Ian. the Scotish Commissioners delivered some Papers and a Declaration from the Parliament of Scotland wherein they express a dislike of the present proceedings against the King and declare That the Kingdom of Scotland have an undoubted interest in the person of the King who was not delivered to the English Commissioners at Newcastle for the ruine of his person but for more speedy settlement of the peace of his Kingdoms That they extreamly dissent and declare against the Tryal of him in regard of the great miseries that are like to ensue upon the Kingdoms And crave leave to make their personal addresses to the King The like Papers and desires were presented to the Gâ—neral and these were publick But we have met with a Scotish Paper of privacie belike from the other Faction and it was intercepted by our English Army it was intituled Instructions sent to the Scotish Commissioners from the Parliament of Scotland To use in your amplification the same mentioned in your Letter that it seemed not to import by proofe of any violence used against the Parliament or any member thereof That you have address to such Lords and Commons as are our friends and not ill-affected to the honest party That your amplifications be so concise that they give no occasion of offence That nothing proceed from you justifying the Kings proceedings Nothing in approbation of the late engagement Nothing which may import a breach or give or be a ground of a new War That they would delay to meddle with the Kings person according to their several promises and Declarations at Newcastle and at Holmby If they procâ—ed and pronounce sentence against the King that you enter your dissent and protest that this Kingdom may be free of the miseries which unevitably will follow without offering in your reasons that Princes are exempted from Tryal and Iustice. That none in this Parliament had or hath had any hand in any the proceedings of the Army against the King and Members of Parliament If they proceed then to shew the calamities that will follow and how grievous it will be to this Kingdom considering his delivering up at Newcastle If the Papers called the Engagement of the people be passed and shall import any thing anent the Processing of the Prince the changing of the Fundamental Government of the Kingdom that you enter your dissent You shall alter these Instructions or mannage your trust therein by the advice of our friends there To prosecute your instructions anenâ— the Covenant and against the toleratio To shew that the Kings last Concessions are insatisfactory to ours in point of Religion But all these Scotish tricks on either side signified little not to frighten Resolutions for the Actors in England arm themselves with pretensions of Gods providence and impulsions of the holy Spirit some there were even in the Pulpit bids them Courage that the time was come that the Saints of the earth should binde Kings and their Nobles with chains of iron and not to doubt but that the Prophesie belongs to them And in the Pulpit another with bended knees tears and hands lift up in the name of the people of England earnestly beseeching they would execute justice against Charls and not suffer Benhadad their Enemy to go away in safety raging and railing against Monarchy one expounds the story of the Trees in chusing a King when the Vine and Olive refused that Office underwent the harsher government of the Bramble After sundry meetings of the 38. Commissioners in the Painted Chamber at Westminster they had prepared all things expedient for the Tryal and the high Court of Justice was framed at the upper end of Westminster Hall the place of the two Courts Chancery and Kings-Bench were ordered into one and all
Court Besides all this the peace of the Kingdom is not the least in my thoughts and what hopes of settlement is there so long as power reigns without rule of Law changing the whole frame of that Government under which this Kingdom hath flourished for many hundred years nor will I say what will fall out in case this lawless unjust proceeding against me go on and believe it the Commons of England will not thank you for this change for they will remember how happy they have been of late years under the Reign of Queen Elizabeth the King my Father and my self untill the beginning of these unhappy troubles and will have cause to doubt that they shall never be so happy under any new And by this time it will be too sensibly evident that the Arms I took up were only to defend the fundamental Laws of this Kingdom against those who have supposed my power hath totally changed the ancient Government Thus having shewed you briefly the Reasons why I cannot submit to your pretended Authority without violating the trust which I have from God for the welfare and liberty of my people I expect from you either clear reasons to convince my judgement shewing me that I am in an errour and then truly I will readily answer or that you will withdraw your proceedings After Sentence the King being hurried away was mocked of the Souldiers suffering many things like to Christ they laying aside all reverence to Soveraignty acted Triumph on the Prisoner crying out justice justice That one defiled his venerable face with spittle I abhor to say it was wittingly done but we are assured he wiped it off with his Handkerchief they puft Tobacco fume no smell to him more offensive and cast their Tobacco pipes at his feet And such as salute him they Bastinado One that did but sigh out God have mercy had his Pasport They intrude almost into his Closet hardly permitting him private devotion with his own Chaplain the Bishop of London In their devotions interrupted and himself disturbed whilst he prayed and prepared for this bitter cup. But he with Majesty of minde when they cryed out for justice Poor souls saies he for a piece of money they would do so for their Commanders and at these Rebels he said Christ suffered more for my sake such as dissembled irreverence he with easie contempt eâ—â—ded by neglecting it Yet that little time was lent him he betakes himself to confessions of his sins pardon of his Enemies receiving the Eucharist reading the Scriptures godly conferences doing all the duties of piety And thus holily he seeks to overcome the terrors of death ere they assail him Whilst he prayes they prepare for his execution Sir Hardress Waller Colonel Harrison Colonel Doan Com. Gen. Ireton and Col. Okes are to consider of the time and place for execution And in the Painted Chamber Munday the 29. of Ianu. the President and Judges meet and with the â—â—mmittee resolve That the open street before White-Hall is the fittest place that the King be there executed tomorrow Tuesday between ten and two a clock upon a Scaffold covered with black near the Banquetting House where he was wont to ascend his Throne and shew the pomp of Majesty due to Princes there must he pass to his Funeral Pulpit and lay aside the spoiles of Majesty where he had put on the Insigns thereof It was supposed that the King would not submit his neck to his enemies Axe and therefore it was so provided with Staples and Cords that he could not resist And the Commons house considered that in case of execution they ordered a Proclamation to be made throughout the Kingdom To declare it high Treason to Proclaim any King of England without consent of the present Parliament for so the House is stiled And that none upon paines of imprisonment preach or speak any thing contrary to the present proceeding of the Supream Authority of the Nation the Commons of England assembled in Parliament A Member of the Army gave in the desires of the King That in respect Sentence of death was past upon him and the time of execution might be nigh That he might see his Children and to receive the Sacrament and to prepare himself for death and that the Bishop of London might pray with him in private in his Chamber This night Saturday 27. Ian. the King lodged at White-hall and the next day Sunday the Bishop preached there before the King in his Chamber and this Sunday the President and all the Members of the High Court of Justice fasted in the Chappel of Whitehall and Mr. prayed for them On Sunday means was made to deliver a Letter to him from his son the Prince of Wales which the King read and burnt it and then he was conveyed to St. Iames's the next morning being Munday While the Dutch Ambassadour had audience of the House read their â—â—structions and Letters of Credence in French their desires was to intercede for the Kings life and to keep and preserve a fair correspondence betwixt this Nation and the Estates of the Netherlands This day his Children had leave to visit him but stayed not long His Children being come to meet him he first gave his blessing to the Lady Elizabeth and bad her remember to tell her brother Iames when ever she should see him that it was his Fathers last command that he should no more look upon Charls as his eldest brother only but be obedient unto him as his Soveraign and that they should love one another and forgive their Fathers Enemies Then said the King to her Sweet-heart you 'l forget this no said she I shall never forget it while I live and pouring forth abundance of tears promised him to write down the Particulars Then the King taking the Duke of Gloucester upon his knee said sweet-heart now they will cut off thy Fathers head upon which words the child looked very stedfastly on him mark child what I say they will cut off my head and perhaps mak thee a King but mark what I say you must not be a King so long as your brothers Charles and Iames do live For they will cut off your Brothers heads when they can catch them and cut off thy head too at last and therefore I charge you do not be made a King by them At which the child sighing said I will be torn in pieces first which falling so unexpectedly from one so young it made the King rejoyce exceedingly Another Relation from the Lady Elizabeths own hand What the King said to me the 29. of Ian. 1648. being the last time I had the happiness to see him he told me he was glad I was come and although he had not time to say much yet somewhat he had to say to me which he had not to another or leave in writing because he feared their cruelty was such as that they would not have permitted him to write to me He
according to the prescript of his word which hath long since been miserably convulst and disjoynted And this a National Synod duly called and freely debating will best effectuate To the King namely my Successor you will render full right if you restore those things which by the clear letter of the Law stands expressed Lastly you will put the people in their rights and due Liberties not by listing them in the consort of the Throne and sway of the Scepter but by recovering unto the Laws their Authority and the peoples observance to the abrogating of which by the enormous power of the Sword when as by no means I could be induced I was brought hither to undergoe a Martyrdom for my people So his last breath gently dissolving into a most meek prayer the Bishop of London promps him â—hat if his most excellent Majesty pleased he would openly profess what he thought touching his Religion not that any one alive could suspect it of which himself at all times throughout the whole space of his life had given manifest testimony but for custom and the peoples satisfaction Hereupon saies the King That he deposited the testimony of his faith with that holy man meaning the Bishop or else expected defence on this behalf of all men who well knew his Life and profession Namely That I dye saith he in the Christian faith according to the profession of the Church of England as the same was left me by my Father of most blessed memory Then looking about upon the Officers Having saies he a most gracious God and most just Cause that I shall by and by â—â—â—ange this corruptible Crown for an Immarcessible one I both trust and exult and that I shall depart hence into another Kingdom altogether exempt and free from all manner of disturbance Then preparing towards the Circumstances the Bishop put on his night-cap and unclothed him to his Sky-colour Satten Wastecoat He said I have a good Cause and a gracious God and gave his George Order to the Bishop bidding him remember to give it to the Prince There is but one Stage more Sir saies the Bishop this is turbulent and troublesome and but a short one but it will soon dismiss you to a way further even from Earth to Heaven there you are assured of joy and comfort I go saies the King from a Corruptible to an Incorruptible Crown where no disturbance can be but peace and joy for evermore Then lifting up his eyes and hands to Heaven mildly praying to himself he stooped down to the Block as to a Prayer Desk and most humbly bowed down his generous neck to God to be cut off by the vizarded Executioner which was suddenly done at one blow Thus fell Charles and thus all Britain with him Tuesday 30. of Ianuary about the minute of two a clock afternoon There are those persons who have seriously observed some passasages afterwards against the Corps which they stile barbarous in relation to his blood shed thereabouts nay to the Block and to the Sand distained therewith and to his Hair the ground whereof was 〈◊〉 those things were procured by the Royal party well-affected even for a price Certainly there were very many such that coveted any thing as a Relique which evidenced his Martyrdom as they esteemed it And to this day there are divers Devoters that affirm the effects of Cure by application of those things distained with his bloud we need not go farre to finde out the truth hereof if we take the Narrative of the Woman-patient at Dedford near the City of London being thereby cured of her blindness and many others of like infirmities His Head and Trunk was instantly put into a Coffin covered with black Velvet and conveyed into the Lodgings at Whitehall There it was imbowelled by Chirurgions of their own but a Physitian privately thrusting himself into the dissection of the body relates that Nature had designed him above the most of Mortal men for a long life And all sides manifested by those that beheld the admirable temperature almost all ad pondus of his body and mind Then they bear it to St. Iames's House and Coffin it there in Lead About a fortnight after some of the Kings Friends the greatest of Nobility and Honour the Duke of Lenox Marquess of Hartford the Earl of Southampton and the Bishop of London begged the Body to bury it which they conducted to Windsor Chappel Royal and interred it there in the Vault of King Henry the eighth having only this Inscription upon the Coffin Charls King of England From the Bishop of London long time kept Prisoner they take away all the Kings Papers ransack his Coffers and clothes for Scripts and Scroles but Almighty God in his providence hath preserved a Volume of the Kings own a Posthume work of which if any man or Broughton shall impartially weigh the matter the Elegancy of the Stile the nerves of Reason the ardour of Piety even envy it self will confess he deserved the Kingdom amongst Writers and though his own is wrested from him the mercy of his Lord and Saviour hath given 〈◊〉 Crown of Erernal Glory He was a King worthy to be numbred amongst the best of Princes in al-beading ages a strength of will but of more and greater Endowments of vertue of a most strict temperature in the natural disposition of flesh and blood and by the effects of Divine grace the most exact observer of Conjugal Rites and therein for his continency much admired His personage comely of an even well timber'd tallness which assisted him to be excellent in all exercises and therein to be indefatigable for the minde or body None of the Kings no not one not of Britain only but also all as many as any where sat on Throne ever left the world with more sorrow for his his luck women miscarried men fell into melancholly some with Consternations expired men women and children then and yet unborn suffering in him and for him The Pulpit places of all Sects and Opinions lamented even the same men in vain bewailing the losse of him whom they strove heretofore who should first undoe now they extoll and compare to Iob for patience to David for piety to Solomon for prudence most worthy he was of Government if otherwise it had not been his due to Govern herein he performed that great piece to Act one man in every place with the same Tenor of Vertue and condition The same Mean in the most different fortunes without any mutation of the temperature of the mind He addulced as with Charms his Enemies to be made his adorers Reproaches he converted into Praises He in a word excelled in goodness of whom this world was not worthy and therefore the Heavens have him there He had his failings of perfection in the first years of his Reign not so well versed in the affairs of State but that he being put to it trusted too much to others
A Compleat HISTORY OF THE LIFE AND RAIGNE OF King CHARLES FROM His Cradle to his Grave Collected and Written BY WILLIAM SANDERSON Esq. LONDON Printed for Humphrey Moseley Richard Tomlins and George Sawbridge 1658. To the very Worthy and well-weighed Author of this Modern History WILLIAM SANDERSON Esq. SIR HISTORY may be well call'd the great Arbitress of Time and Truth a Tribunal that summons the Dead to judgement and a Court of Record to the Living Therefore among those industrious Spirits who by their Speculations and publique Writings do deserve well of their Countrey an Historian may march with the foremost I mean a knowing and faithfull Veridical Historian whereas an ignorant and false erroneous Chronicler is one of the worst Members that can be in a Common-wealth and indeed of Mankind in general for he wrongs the time passed the time present and the time to come But you Sir may be deservedly rank'd with the first for when you favour'd me with the perusal of this Modern History I finde that you have proceeded with that knowledge and Probity a prime vertue required in an Historiographer as also with that exactness and punctuality that you have confuted a late Paradox commonly repeated that it was impossible to compile the Story of these confus'd and entangled vertiginous Times without writing so many Volumes as would fill a Library I say that you have refelled this vulgar Error and while you bring our Royal Master to his grave you may be said to give him a Burial a Monument and a Resurrection Nor indeed was there any man more capable to pen this Story then your self being from your youth bâ—ed up at Court not only an Eye and Ear witnesse of most of those Transactions and Traverses of State you trasmit to Posterity but you were an Actor in divers of them having been imployed in so many Negotiations of good consequence both at home and abroad whereby you were par negotio But truly I mused much with my self when I observed the great discretion and cautionary prudence you use in your Comportment all along For though a great part of the Times you speak of were full of Tempests and Whirlewinds and that you were like one passing through a boysterous working Frete having on the Star-board side dangerous Rocks and Craggs and on the Larboard ill-favour'd Shelfs of Quicksands yet you skew the wind dexterously and steer your course so streight and steddy that you avoid splitting on either Lasty I finde that this elaborate work of yours which smells so much of the Lamp hath been cast into so good a mould and is so strongly limm'd the ingredients that went to the composition of it being so material and so necessary for our late Nephewes and all future Ages to know that by giving this Historical life to King Charls you may well promise to your self an Eternity For of all Sublunary things Chronology is of the longest extent having not only an affinity and commensuration with Time it self but makes the neerest approach to Immortality IAMES HOWELL The Introduction THUS far we are forward in our Compleat History successively continued from that exquisite Compendium set out by William Drummond Esq. of the Lives and Reigns of five the preceding Kings of Scotland James the 1. the 2. the 3. the 4. the 5. from the year 1423. unto 1542. At the end of which we have heretofore taken our Rise and Entrance having lately published the First and Second part from the birth of Mary Queen of Scotland to the death of her Son and Successour King James the sixth and after Queen Elizabeth of great Britain France and Ireland the first of that Name And now we proceed to the third part the Reign and Death of his Son and Successor King Charls the first But before we enter into his sad Story it may not be amiss to enlighten the Reader with the State and condition of these his three Kingdoms England Scotland and Ireland Of England King Iames having been imbarqued by consent of Parliament in a War against the House of Austria left this life and the Palsgraves hopes at a very low Ebb if not dispair while the Emperour and the Duke of Bavare shuffled the Cards and plaid the Game to others loss The Germane Army suppressing all the reformed Princes bandited the Palatine and forced the other Electors to make Bavaria one among them The wonder was why the Austrians should stand so stifly upon such an inconsiderable piece of that great Empire but through that Spot the Spaniard had free passage with his 〈◊〉 of Italy and other Parts to pass into the Netherlands to reduce them to obedience And this occasioned the Commotion and Combination of the Duke of Brunswick bringing in the King of Denmark and afterwards the King of Swede all which conversions were advanced partly by the assistance of King Charls with his monies returned to Hamborough and with other such meanes of vast expence even to his last ability and enforced his Councellors to invent and strain the waies of supply which advanced them but undid the King It was high time to endeavour the abating of the Austrian power which too long had disquieted the repose of Christendom and forced France at first and all Protestant Princes after with some Papists underhand to joyn in the Confederacy But mostly concerning the united Provinces who having long before through their just fears plotted the Bohemian Hubbub and invited the Palsgrave to the unhappy acceptance of that Crown bending all their wits to bring in the Swede assisted from England to patch up a peace for him with Poland These were the Foreign Engagements cast upon England which King Charls was enforced to espouse especially to oppose the Emperors inflexibility for the restauration of the Palatine And thus imbroyled the Parliament left him to shift for himself which his Privy Councellors undertake and therein possibly might wrest some Prerogatives for raising monies The Factious Clergy were at hand to make things worse not but that those times producing Learned and most Renowned able men at the Altar as ever any Age could parallel I mention those other young Wolves in Lambs cloathing who by their Lectures late Excrescencies led about the Vulgar under colour of depressing Popery to the destruction at last of the whole Church Between Papist and Puritan the honest Protestant was neglected for the Lords and Council not being byassed with one of these were so unhappily ignorant as to know little more then their own pleasure patching up their poor fortunes by unhandsome courses Others of them wrought their ends rather by the Bow then the string basely bending to private Advantage by dishonourable shiftings became odious to honest men forfeiting their honours by falsifying their words and lastly failing in their Duty Allegeance and all The Duke of Buckingham had been his Fathers Favourite and now became his by former engraffing and his late Loyal service to him in Spain A person he was most
to inform at Court the valuation thereof and so to insinuate into the Kings favour A person he was not improper for the Court of comely behaviour quick wit and nimble in tongue and being Son in Law to the Earl of Sowthesk was by him brought in and so crept up into esteem with the Duke of Lenox and by degrees mounted to great preferment the most unworthy ingrate treacherous firebrand to all future mischiefs Taking rise from private wrongs disputable with the Bishop of Rosse For Traham being made Deputy Commissioner and afterwards sole Treasurer this Bishop Io. Maxwell Minister of Edinburgh was set up by Laud then Bishop of London who finding him eloquent and factious enough placed him a Bulwark against adverse Forces and to that end he was Authorised to be Lord of the Session and Exchequer who prying too narrowly into Trahams Accompts and falling foul on personal accusations the Earl of Traquair made it his work to rid him out of all but before that fall he failed not to ruine that Bishop and Episcopacy also not without malice and revenge upon the interest of the King and his affairs Of Ireland But somewhat may be said concerning Ireland that Kingdom bearing a fatal part in this confused malady The Kings of England have born the Title of Sovereigns over Ireland for above four hundred years yet not till of late throughly subdued and reduced to obedience the causes have been first from the faint prosecution of the War in former Kings Reigns and secondly in the business of the Civil Government untill the time of King Iames who supplyed the defects of former Government in his first nine years and perfected it in the remain of his Reign more than was formerly done in four hundred fourty years since the first Conquest for though the Conquest was finished at his Commencement to these Crowns yet he maintained an Army â—ustly and royally paid to give strength and countenance to Civil Government only one rebellion of O'dogherlye which was instantly suppressed And for the Civil Government he granted his Act of Oblivion for Offences done before his Reign the Subjects received into the Kings protection and the most universal peace over all Ireland so that in six years there was not found so many Malefactors worthy of death in all the six Circuits now divided into thirty three Shires as in one Circuit of six Shires in the West of England And now was the peoples Estates setled all the Irish Lords aswell as English surrendring their Lands for new Grants of the Crown and for strengthening defective Titles And lastly the late Plantations setled there not granting any intire County to a particular person or Iura regalia or extraordinary Liberties as heretofore The revenue of the Crown double to what it ever had been all their Charters renewed and their Liberties enlarged so that this Land of Ire because the Irascible power was predominant for four hundred years is now become the Land of peace and Concord and King Iames left it so to his Son King Charls But how they fell into Rebellion and so into destruction All three Kingdoms of England Scotland and Ireland the most glorious Monarchy of Christendom concentring in the ruine of themselves the sub sequent Historie will open not to be told but in Tears wherewith my eyes are already Dim One word by the way Intent upon this History we overtook two Writers One with a piece of the Reign and yet Intitles it The History of King Charls Him we know not but by his Nominal Letters H. L. Esquire The other an Observator upon him Anonymus whose Fame needs no Name nor to be shrouded from reverence due to his Function and great Abilities we oppose not but crave leave to mediate the difference as we meet it in either ERRATA In the absence of the Author beyond Seas the Printer hath failed to number the pages from 406. unto which being so corrected by your pen you will finde eight lines in page 410 inserted into the Primates Letter which were to be a Marginal Note only The words begin in the tenth line these two here instanced c. and end in the seventeenth line may easily appear Gulielmus Sandersonus Aetat suae 68 Etsi Se nescit quod senescit tamen up it dissoâ—â—â— The REIGN OF King CHARLES WE come now to the Descendent Son and Heir Charles the first of the Name King of Great Brittain France and Ireland Born the second Son to King Iames at Dunferling in Scotland the 19. day of November 1600. And whilst the Elder Brother Henry was hopeful to succeed this Prince may be said to be the less looked upon and so no Overtures of merit brought to Observation in competition with the Other Besides this Prince was directed by such as knew the forwardness of the former to make himself rather less than he was then to appear more then he should be a Rule not improper for most men specially Princes untill Soveraignty hath set them up Examples to all beyond the Mark and power of envy And it may be referred to his wisdome not to his meekness so far to comply with that Policy And therefore we find him the less apparent to open examination till time and opportunity might present him to the publique Not without some regret to his Domestick and other ordinary Observations that he lost time with overmuch neglect giving advantage and grace to the great Favourite Buckingham by assisting to set him up and to eclipse himself whereby some men took that occasion in his 〈◊〉 time to form tales of distempers between them which because in tâ—uth they could not find they were pleased to frame But for his Acts in the age of his youth and tutelage of subjection we shall not have use here to remind what hath been so particularly mentioned heretofore in the History of his Fathers life but what hath been since so improved to admiration of our Christian World Nor need we now to quarrel the mistakes concerning the Spanish Match or the French Negotiation or other Characters of King Iames with which an Author and his Observator enters his History but refer the truth and story to what we have said of those times and actions mentioned in his Fathers life In a due and compleat season therefore of age and time King Iames that famous Monarch dies at Theobalds the 27. day of March 1625. leaving the Diadem of three Kingdomes in succession to his Son immediately proclaimed being on a Sunday morning when Doctor Lawd then Bishop of St. Davids was in the Pulpit at Whitehall and broke off his Sermon upon this first notion of the Fathers death Whose Funerals the 14. of May following were sumptuously performed at Westminster King Charles attending these Obsequies contrary to the Old custome when chief Mourners use to be retyred into Chamber-recluse this complyment he conceived more fit for him in duty and piety to observe in Person And now the
third appointed this form To be chosen by six Princes of Germany Three Ecclesiastical Arch-Bishops Moguntia Colen and Trevine Three Temporal the Duke of Saxonie the Count Palatine of the Rhene and the Marquesse of Brandenburgh and when those six voyces should happen equally divided that then the Duke of Bohemia before it was a Kingdom should determine the Election this was approved by all the Germain Princes and other Christian Princes and Estates of this world And the manner and conditions are these After his Election he is called onely Caesar and the King of the Romanes and not Emperour till he be Crowned and takes his Oath presently after his Election To defend the Catholick Religion and Pope of Rome To minister Iustice to keep the Lawes of the Empire c. and so is anointed and with some prayers upon him a drawn sword put in his hand a Ring on his finger a scepter in his other hand and three Bishops set the Crown Emperiall upon his Head Then all the Princes take Oath to him In Polonie after the same manner In Spain of late the Kings are not Crowned but have another admission equal and performed by the Arch-Bishop of Toledo Primate of Spain In France they have some alterations from their ancient manner by Lewis le Ieune who ordained the 12. Peers of France Six Ecclesiastical and six Temporal The Arch-Bishop and Duke of Rhemes anointeth and Crowneth the King The Bishop and Duke of Lava bears the Glasse of sacred Oyl The Bishop and Duke of Lanques the Cross. The Bishop and Earl of Beauvais the Mantle Royal. The Bishop and Earl of Koyon the Girdle The Bishop and Earl of Chaalons the Ring The Duke of Burgundy Dean of the Order holds the Crown The Earl of Gasconie and Guiennie the first Banner quartered The Duke of Normandy the second Banner quartered The Earl of Tholosa the Golden spurs The Earl of Campain the Banner Royal or Standard of War The Earl of Flanders the sword Royall And this day the King is severally apparelled three times First as a Priest Secondly a King and Warriour Thirdly as a Iudge He takes his Oath by the Arch-Bishop of Rhemes to the Church and to the people c. and so vested with the Mantle Girdle Ring Ointment and Crown with declaration what each signified And though this Ceremonie of sacring and Anointing Kings be more ancient than the Christian Kingdom of France yet is it the most ancient for particular Majestique manner and most of the Neighbour Kingdoms have affinity from her especially in England being the very same in effect The sacredness of the Hebrew Kings depended much upon their being anointed Anointing added a divine Majesty to their Kings and made them sacred and allied unto God exercising power and authority over things divine the virtue of the sacred Ointment being communicated to them formerly compounded by Moses of Aromatick ingredients and was yet for Initiation and Consecration till Iosiah hid it under ground in the Temple in the same secret place where the Ark of the Covenant Aarons rod Urim and Thummim and the Manna were laid up in preservation against the overthrow of the Temple by the Assyrians as had been prophecied and so lost to posterity in time of their Babylonish Captivity And therefore the King resolves on the day 2. February which is censured For a vanity though serious and the wisest Monarchs are very idle in it as not conferring one dram of solid grandure to the Throne and yet he acknowledgeth that as the King enters recognizance and stipulateth with the people to govern by Law so they acclaim him their King And is all this but vanity Though the Scriptures also exemplifies it in the Iews their first King Saul after the manner of all Nations and after him David Solomon Iehoash The Highâ— Priest anointing him with solemnities as you may see of Gods own appointing and the Ceremony to our Saviour when the Iews crowned him was no doubt in imitation of other Kings and may be a pattern for Christians But the day come which began his solemnitie conveyed him by water from White-Hall to Westminster not in usual state through the streets from the Tower the onely reason the dregs of the Infection not clearing the danger of such concourse of people which is put upon his frugality to save money And though it belonged to the Dean of Westminster Bishop of Lincoln to officiate some chief parts of the Celebrity yet he being under a deserved displeasure and in October last put out of his office of Lord Keeper of the Great Seal of England and intrusted unto Sr. Thomas Coventry who sat in Chancery two Terms before much of his duty was conferred upon Dr. Laud Bishop of St. Davids not of Bath and Wells till September after And then concerning the alteration of the Prayer The very Committee for managing the particulars of the Coronation resumed then those ancient particulars of the Prayer till Henry the sixth's time Ut obtineat gratiam huic populo c. like Aaron in the Tabernacle Elisha in the waters Zacharias in the Temple Sit Petrus in Clave Paulus in dogmate and were suitors to the King not to suffer the Dean to that duty and had this answer Who was not worthy to keep the seal lesse deserving to Minister now to his Soveraign Nor was he admitted to the next Parliament nor had summons by Writ so no Proxy to appoint a suffrage though it is said and evilly mentioned by an Historian That the Dukes Mother intruded who loved the Bishop if fame belies her not better then was fitting But this scandal I have answered sufficiently See the Life and Death of King Iames. And his own letters will discover the truth dated the seventh of Ianuary 1625. to the Duke and signed Iohn Lincoln so then he was not Chanceller and saies that he is come to do service for the preparation to the Coronation c. and craves of the Duke to receive a creature of your own struck dead with displeasure and by him to be brought to kiss the Kings hands And another Letter to the King complains that he hath not received his Writ of summons unto the Parliament that he might make his Proxie c. Nor can he go into the County as he had done long since but in expectation of this Writ and that in his absence in this Parliament no use may be made of the Kings Name to wound the reputation of a poor Bishop Cabala 107 108. and so our other Historians are mistaken in this And the manner of his Delivery of the Seal was thus Sir Iohn Suckling was sent from the King to demand it but charily he locked it up in a Cabinet and sent it and the Key by the Knight inclosed in a Letter to the King and so was outed of the Seal but kept his Bishoprick of Lincoln and the Deanary of Westminster which indeed he had for his life and after
all retired to Bugden where he lived very Hospitably and in manner and order of the good Bishops not without an eye and ear over him of such as were Intelligencers of Court And at Westminster Hall the Ceremony begun towards the Abbey Church in order thus 1. The Aldermen of London by couples ushered by an Herauld 2. Eighty Knights of the Bath in their Robes each one having an Esquire to support and a Page to attend him 3. The Kings Serjeants at Law Solicitor Atturney Masters of Request and Iudges 4. Privy Councellors that were Knights and the chief Officers of the Kings Houshold 5. Barons of the Kingdome bare-headed in their Parliament Robes with Swords by their sides 6. The Bishops with Scarlet Gowns and Lawn sleeves bare-headed 7. The Vice-Counts and Earls not in their Parliament but in their Coronation Robes with coronetted Caps on their Heads 8. The Officers of State for the day whereof these are the Principal Sir Richard Winn Sir George Goring The Lord Privy Seal The Archbishop of Canterbury The Earl of Dorset carrying the first Sword The Earl of Essex carrying the second Sword The Earl of Kent carrying the third Sword The Earl of Mountgomery carrying the Spurs The Earl of Sussex carrying the Globe and Cross upon it The Bishop of London carrying the Golden Cup for the Communion The Bishop of Winchester carrying the Golden Plate for the Communion The Earl of Rutland carrying the Scepter The Marquess Hamilton carrying the Sword of State naked The Earl of Pembroke carrying the Crown The Lord Maior in a Crimson Velvet Gown carried a Short Scepter before the King amongst the Serjeants The Earl of Arundel as Earl Marshall of England and the Duke of Buckingham as Lord High Constable of England for that day went next before his Majesty The King entred at the West Gate of the Church under a rich Canopy carried by the Barons of the Cinque Ports His own Person supported by Doctor Neil Bishop of Durham on the one hand and Doctorâ— Lake Bishop of Bath and Wells on the other His train six yards long of Purpleâ—Velvet held up by the Lord Compton Master of the Robes and the Lord Viscount Doncaster Master of the Wardrobe Here he was met by the Prebends of Westminster Bishop Lawd supplying the Deans Place in their rich Copes who delivered into the Kings hands the Staff of King Edward the Confessor with which he walked up to the Throne Which was framed from the Quire to the Altar the King mounted upon it none under the degree of a Baron standing therein save only the Prebends of Westminster who attended on the Altar Three Chairs for the King in several places first of Repose the second the antient Chair of Coronation and the third placed on an high square of five steps ascent being the Chair of State All settled and reposed the Arch-bishop of Canterbury presented his Majesty to the Lords and Commons East West North and South asking them if they did consent to the Coronation of K. Charles their lawful Soveraign The King in the mean time presented himself bareheaded the consent being given four times with great acclamation the King took his Chair of Repose The Sermon being done the Arch-Bishop invested in a rich Cope goeth to the King kneeling upon Cushions at the Communion Table and askes his willingness to take the Oath usually taken by his Predecessors The King is willing ariseth and goeth to the Altar and is interrogated and thus answereth Coronation Oath Sir Sayes the Arch-bishop will you grant and keep and by your Oath confirm to the People of England the Laws and Customes to them granted by the Kings of England your lawful and Religious Predecessours and namely the Laws Customs and Franchises granted to the Clergy by the glorious King St. Edward your Predecessor according to the Lawes of God the true profession of the Gospel established in this Kingdome agreeable to the Prerogative of the Kings thereof and the antient Customes of the Realm The Kings answer I grant and promise to keep them Sir Will you keep Peace and Godly agreement according to your power both to God the holy Church the Clergy and the people I will keep it Sir Will you to your power cause Law Iustice and discretion to mercy and truth to be executed to your Iudgement I will Sir will you grant to hold and keep the Laws and Rightfull Customes which the Comminalty of this your Kingdome have and will you defend and uphold them to the honour of God so much as in you lieth I grant and promise so to do Then one of the Bishops read this Admonition to the King before the people with a lowd voice Our Lord and King wee beseech you to pardon and to grant and to preserve unto Vs and to the Churches committed to your charge all Canonical privileges and do Law and Iustice and that you would protect and defend Vs as every good King to his Kingdomes ought to be Protector and Defendor of the Bishops and the Churches under their Government The King answereth With a willing and devout heart I promise and grant my Pardon and that I will preserve and maintain to you and the Churches committed to your charge all Canonical privileges and due Law and Iustice and that I will be your Protector and Defender to my Power by the Assistance of God as every good King in his Kingdom in right ought to protect and defend the Bishops and Churches under their Government Then the King ariseth and is led to the Communion Table where he makes a solemn Oath in sight of all the people to observe the premisses and laying his hand upon the Bible saith The Oath The things which I have here promised I shall perform and keep So help me God and the Contents of this Book Then were his Robes taken off and were offered at the Altar He stood a while stripped to his Doublet and Hose of White Sattin Then led by the Arch Bishop and Doctor Lawd the Bishopâ—of St. Davids he was placed in the Chair of Coronation a Close Canopy spread over him the Arch-bishop anointing his Head Shoulders Arms and Hands with a costly ointment the Quire singing an Anthem of these words Zadook the Priest anointed King Solomon Hence he was led up in his Doublet and Hose with a White Coife on his head to the Communion Table where the Bishop of St. Davids Deputy for the Dean brought forth the antient Abiliments of King Edward the Confessor and put them upon him Then brought back to the Chair of Coronation he received the Crown of King Edward presented by the Bishop of Saint Davids and put on his Head by the Archâ— Bishop of Canterbury the Quire singing an Anthem Thou shalt put a Crown of pure Gold upon his head whereupon the Earls and Viscounts put on their Crimson Velvet Caps with Coronets about them the
Barons and Bishops alwaies standing bareheaded Then every Bishop came to the King to bring their Benediction upon him and he in King Edwards Robes with the Crown upon his Head rose from his Chair and bowed to every Bishop apart Then was girt about him King Edwards Sword which himself after wards took off and offered it up at the Communion Table with two Swords more in relation to Scotland and Ireland or to some antient Principalities with his Predecessors enjoyed in France The Duke of Buckingham as Master of the Horse put on his Spurs and thus compleatly crowned his Majesty offered first Gold then Silver and afterwards Bread and Wine which was to be used at the holy Communion Then the King was conducted by the Nobility to the Throne upon the square Basis of five Descents the Quire singing Te Deum where he received the Oath of Homage from the Duke of Buckingham as Lord High Constable for that day and the Duke swore all the Nobility to be Homagers to his Majesty at the Kings knee Then the Earls and Barons laid their hands on the Crown upon the Kings head protesting to spend their bloods to maintain it to him and his lawful Heirs The Bishops kneeled down but took no oath the King kissing each of them Then the King took a Scrowl of Parchment out of his Bosom and gave it to the Lord Keeper Coventry who read it to the Commons four several times East West North and South the effect His Majesties pardon to all that would take it under his Broad-Seal From the Throne to the Communion Table where the Arch-bishop kneeling at the North side read prayers and the Quire sung the Nicene Creed the Bishops Landaff and Norwich read the Epistle and Gospels The Bishops of Durham and Saint Davids in rich copes with his Majesty received the Communion the Bread from the Archbishop the Wine from Bishop Saint Davids The King received last of all whilest Gloria Patri was sung and some prayers by the Arch-bishop conclude the solemnity After the King had disrobed himself in King Edwards Chapel he came forth in a short Robe of Red Velvet girt unto him lined with Ermins and a Crown of his own upon his head set with very pretious stones And thus the Train going to the Barges at the water-side they returned to White-hall about three a clock afternoon This being as yet the last solemnity of this King Charles I could say no less to preserve it to memory to shew what that State had been till it be so again And now the King calls a Parliament which met the sixth of February Sir Henage Finch Recorder of London chosen Speaker of the Commons House So soon are they summoned after their last Dissolution It was the Kings design then to take this short time of recess to cool the heat of some fiery Spirits and now for him to give all possible satisfaction to their former pressures of Grievances which had been lately fully cleared unto them in pursuance of their pretended devout care for settling of Religion But still the house of Commons scrutiny and by a Committee strictly examine what abuses had interferred the execution of his Majesties Grace therein And the Lords betake themselves to a Grievance of their own Order The old ones had a former complaint five years since to King Iames against such New Lords of foreign Titles of Honour that claimed thereby precedency of Inferior titles at home and were then quelled in that quarrel as being in the pleasure of the Prince to effuse the beames of Honour and to collate what he please upon whom and how he please But now another dress and much more boldly To the Kings most Excellent Majesty In all humility SHeweth unto your most Excellent Majesty your ever Loyal Subjects the Lords Spiritual and Temporal now in Parliament assembled That whereas the Peers and Nobility of this your Kingdome of England have heretofore in civility yielded as to strangers precedency according to their several degrees unto such Nobles of Scotland and Ireland as being in titles above them have resorted hither Now divers of the nâ—tâ—ral born Subjects of this Kingdom resident here with their Families and having their chief Estates among us do by reason of some late created Dignities in those Kingdomes of Scotland and Ireland claim Precedency of the Peers of this Realm which tends both to the dis-service of your Majeâ—â—â— and these Realms and to the great disparagemont of the English Nobility as by these reasons may appear 1. It is a novelty without precedent That men should inherit Honors where they possess nothing else 2. It is injurious to those Countreys from whence their Titles are derived that any should have Vote in Parliament where they have not a foot of Land 3. It is a grievance to the Countrey where they inhabit that men possessing very large Fortunes and Estates should by reason of foreign Titles be exempted from those services of Trust and Charge which through their default become greater pressures upon others who bear the burthen 4. It is a shame to Nobility that persons dignified with the Titles of Barons Viscounts c. should be obnoxious and exposed to arrest they being in the view of the Law no more then meer Plebeians We therefore humbly beseech your Majesty that you will be pleased according to the example of the best Princes and Times upon consideration of these inconveniences represented to your Majesty by the nearest Body of Honour to your Majesty that some course may be taken and an Order timely settled therein by your Princely Wisdom so as the inconvenience to your Majesty may be prevented and the prejudice and disparagement of the Peers and Nobility of this Kingdom may be redressed To which the King for the present Promised to take order therein And the next News was the commitment of the Earl of Arundel to the Tower and this the cause The King having a Design to reconcile an antient fewd of two families by contracting them into a Marriage between the Lord of Lorn son and heir to the Earl of Arguile and bred up in England a Protestant for that purpose and the Eldest Daughter of the late Duke of Lenox which though well known to the Earl of Arundel he very boldly marries his eldest Son the Lord Matravers unto her and excuses it to be the private contrivance of the two Mothers but he is committed to the Tower and being in time of Parliament the Peers Petition the King That no Peer is to be imprisoned without Order of the Upper House unless for Treason Felony or Denial of the security for the peace which retrived their old dispute Priviledge and lasted the debate of a Months time In which space Mr. Pym Chairman to the Câ—mmittee of Religion reports the Inquisition of their discovery A Letter to the Lord Maior of York for Reprieve of some Iesuits Priests and other Recusants which Letter was compared
remember my Father moved by your counsel and won by your perswasions brake the Treaties in these perswasions I was your instrument towards him and I was glad to be instrumental in any thing which might please the whole body of the Realm nor was there any then in greater favour with you then this man whom you now so traduce And now whâ—n you finde me so sure intangled in war as I have no honourable and safe retreat you make my necessity your priviledge and set what rate you please upon your supplies a practise not very obliging towards Kings Mr. Coke told you it was better to dye by a foreign enemy then to be destroyed at home Indeed I think it is more honourable for a King to be invaded and almost destroyed by a foreign enemy then to be despised at home This was sharp and sowre yet the Câ—mmons kept close to their custom and reply with a Remonstrance That with extream joy and comfort they acknowledge the favour of his Majesties most gracious expressions of affection to his people and this present Parliament That concerning Mr. Coke true it is he let fall some few words which might admit an ill construction and that the House was displeased therewith as they declared by a general check and though Mr. Coke's explanation of his minde more cleerly did somewhat abate the offence of the House yet were they resolved to take it into further consideration and so have done the effect whereof had appeared ere this had they not been interrupted by this his Majesties message and the like interruption â—efel them also in the businesse of Doctor Turner As concerning the examination of the Letters of his Secretary of State as also of his Majesties own and searching the Signet Office and other Records they had done nothing therein not warranted by the precedents of former Parliaments upon the like occasions That concerning the Duke they did humbly beseech his Majesty to be informed that it hath been the constant and undoubted usage of Parliaments to question and complain of any person of what degree soever and what they should do in relation to him they little doubted but it should redound to the honour of the Crown and safety of the Kingdom Lastly As to the matter of supply That if addition may be made of other things importing his service then in consultation amâ—ngst them they were resolved so to supply him as might evidence the truth of their intentions might make him safe at home and formidable abroad The King tired with pro and con Petitions Answers Speeches Remonstrances was resolved to reply to them in brief That he would have them in the first place to consult matters of the greatest moment and that they should have time enough for other things hereafter But their designes were otherwise and the Important business to them was an Inquisition against the Duke and Incourâ—gement to the Parliament to any Informations The Earl of Bristow being excluded the House petitions them to prefer his Accusation which was soon admitted whom the Duke necessarily incounters and begins the charge against him But it is some Scandal to vertue to say that many good men were passing jocund at the contest Indeed the Lower Members might make it their mirth to finde the Upper Ones so malitious and imprudent to persecute each other being a presage of ruine by degrees and time to them all when as the policy of the Commons would not suffer one of theirs to be questioned till themselves considered of their Crimes which kept them close together Imboldned thus to preserve themselves to the last But the Duke ptocures the King by his Attorny Generall to summon Bristow to the Lords Bar as a grand Delinquent and to his face accuses him of High-Treason To which he Answers That he was a fâ—ee man and a Peer unattainted and had somewhat to say of high consequence Being bid to proceed Then saith he I accuse that man the Duke of Buckingham of High Treason and will prove it And forthwith produceth twelve Articles of his Charge May the second 1 That the Duke did secretly conspire with the Conde of Gondamâ—r Ambassador of Spain before the said Ambassadors last return into Spain 1622. to carry his Majesty then Prince into Spain to the end he might be enforced and instanced in the Romish Religion and thereby have perverted the Prince and subverted the true Religion established in England 2. That Mr. Porter was made acquainted therewith and sent into Spain and such message framed at his return as might serve for a ground to set on foot the conspiracy which was done accordingly and thereby both King and Prince highly abused 3. The Duke at his arrival in Spain nourished the Spanish Ministers not onely in the beleef of his own being Popishly given by absenting himself from all exercises of our Religion then constantly used in the Earl of Bristows house and conforming himself to please the Spainard by kneeling to and adoring their Sacraments but gave them hope also of the Princes conversion which caused them to propound worse conditions for Religion then had been formerly setled and signed by the Earl of Bristow and Sr. Walter Aston 4. That the Duke did many times in the presence of the Earl of Bristow move his Majesty at the instance of the Conde of Gondamar to write a letter to the Pope which the Earl utterly disswaded and that although during the Earls abode in England he hindred the writing any such letter yet the Duke after the Earls return procured it wrot 5. That the Pope being informed of the Dukes inclination in point of Religion sent him a particular Bull in parchment therein perswading him to pervert his Majesty 6. That the Duke in Spain did abuse the King of Spain and his Ministers so as they would not admit of a Reconciliation with him whereupon seeing the match would be to his disadvantage he endeavoured to break it not for any service to this Kingdom nor dislike of it in it sâ—lf nor for that he found as since he hath pretended thâ—t the Spaniard did not really intend it but out of his particular end and indignation 7. That he intending to cross the match made use of Letters of his Majesty then private to his own ends and not to what they were intended as also concealed many things of great importance from his late Majesty thereby overthrowing his Majesties purposes and advancing his own ends 8. That for the foresaid ends he hath abused both Houses of Parliament by a sinister relation of the carriage of affairs as shall be made appear in every particular of that relation 9 That he imployed his power with the King of Spain for the procurement of favours and offices which he bestowed upon unworthy persons for the recompence and hire of his lust which is a great infamy and dishonour to our Nation that a Duke a privy Counsellor and Ambassador eminent in his Majesties favour and
into one Opinion that thereby no reason given to the House their Restraint was an Arrest of the whole Body and a breach of Priviledge must needs follow which was so remonstrated to the King and they therefore released But what ground â—r Presidents had the Judges a late law of their own making for it is well observed That in the Parliament 35. Eliz. Sr. Peter Wentworth and Sr. Henry Bromley by petition to the Upper House to be supplicants with them of the Lower House unto her Majesty for entailing the succession of the Crown the Bill being drawn by them These two were summoned before Sr. Thomas Henage one of the Privy Councel and commanded to forbear the Parliament and to stand secured to their Lodgings and after further examination before the Councel were committed Wentworth to the Tower Bromley and other Courtiers to the Fleet. Another instance Mr. Morice Attorny of the Dutchy of Lancaster for moving against the justice of the Courts of Ecclesiastical Iudges Subscriptions and Oaths was taken out of the House so saith another Authour and committed to Prison for whose release Mr. Wroth humbly moved the House to be petitioners to her Majesty But was answered That the Queen must not accompt for actions of Royal Authority which may be of high and dangerous consequence nor can it become them to search into the Prerogative of Soveraigns These Members were five in all and might have been Precedents for the King and his five Members in due place hereafter But this course now taught the Lords to resent the like indignity to them in the Earl of Arundels case who lay committed to the Tower as before said and so they would sit still without motion to any matter till that he might be reâ—admitted which was instantly done To ballance with the Dukes Enemies Three Persons his confederates were made Barons to compeer in the Lords House the Lord Mandevil the eldest son to the Earl of Manchester created by Patent Baron Kimbolton Grandison son to the created Baron Imbercourt and Sr. Dudly Carlton made Baron Tregate being newly returned from his Trade of seven years Leiger Ambassadour abroad in Venice and Holland But it is said That the Lords found out an Old Order to Counter checque that designe That no Creations sedente Parliamento should have power to vote but onely to sit Not to Iudge but to learn to understand during that Session so that their Suffrages were excluded But I am assured of the contrary for they sate and voted Hence it is truly observed That in the late Parliament 1640. Seymor Littleton and Capel were so created sedente Parliamento and Digby Rich and Howard of Charlton called by special Writ were also admitted their votes and afterwards the last of the nineteen Propositions to the King at York for the King to passe a Bill to restrain Peers made hereafter to sit and vote in Parliament unlesse with consent of both Houses To which the King absolutely refused But however they were admitted the Duke was put to his own Innocency partially stiled impudency and lodges injustice on the Peers whose ill opinion he sayes deprest him and partial affection elevated the other who received the Attornies charge with undaunted spirit and returned so home an Answer as the House was amply satisfied of which take his own so saying for we hear not a word more nor other of it than that he saies so But the Dukes defence came quick to the Lords the eighth of Iune Who he sayes sequestered him from the House until his cause was determined upon which he was much dejected when really of himself he had forbore the House And therefore this morning had resolved to send it but was advised to present it himself which we shall finde to this purpose The Commons Impeachment and Declaration against the Duke of Buckingham FOr the speâ—dy redresse of the great evils and mischiefs and of the chief causes of those evils and mischiefs which this Kingdom of England now grievously suffereth and of late years hath suffered and to the Honour and Safety of our Soveraign Lord the KING and of his Crown and dignities and to the good and welfare of his people the Commons in this present Parliament by the authority of our said Soveraign Lord the King assembled do by this their Bill shew and declare against GEORGE Duke Marquesse and Earl of Buckingham Earl of Coventry Viscount Villers Baron of Whaddon great Admirall of the Kingdoms of ENGLAND and Ireland and of the principalitie of Wales and of the Dominions and Islands of the same of the Town of Calais and of the Marches of the same and of Normandy Gascoigne and Guyen Generall Governour of the Seas and Ships of the said Kingdoms Lieutenant Generall Admirall Captain Generall and Governour of his Majesties Royall Fleet and Army lately set forth Master of the Horses of our Soveraign Lord the King Lord Waâ—den Chancellour and Admirall of the Cinque-ports and of the Members thereof Constable of Dover Castle Iustice in Eyre of all Forests and Chaces on this side of the River of Trent Constable of the Castle of Windsor Lieutenant of Middlesex and Buckingham-shire Steward and Bailiffe of Westminster Gentleman of his Bed-chamber and one of his Majesties honourable Frivie Councel in his Realms both of England Scotland and Ireland and Knight of the most noble order of the Garter The Misdemeanors Misprisions Offences Crimes and other matters comprised in the Articles following And him the said Duke do accuse and impeach of the the said Misdemeanors Misprisions Offences and Crimes ARTIC I. The Duke 's 1. Reply THat he the said Duke being young and unexperienced hath of late years with exorbitant ambition and for his own advantage procured and engrossed into his own hands severall great Offices both to the danger â—f the State and prejudice of that Service which should have been performed in them and to the discouragement of others who are thereby precluded from such hopes as their virtues abilities and publique employments might otherwise have obtained THat his late Majesty did of his own Royal Motion bestow them upon him and he hopeth and concieveth he may without blame recieve what his bountiful Master conferred upon him if the Common-wealth doth not suffer thereby Nor is it without precedents that men eminent in the esteem of their Soveraign have held as great and many Offices as himself But if it shall be proved that he falsely or corruptly hath executed those Offices he is and will be ready to resign them with his life and fortunes to his Majesties dispose II. Reply 2. That in the 16. year of the Reign of the late King he did give and pay to the then Earl of Nottingham for the Office of Great Admiral of England and Ireland and of the principality of Wales and Generall Governour of the Seas and Ships of the said Kingdomes and for the surrender of the said Offices to the intent the said Duke might
Ships richly laden in their usual course of Trade the Duke moved the Lords then assembled in Parliament to know whether he should make stay of those Ships for the Service of the State which motion being approved by the Lords the Duke accordingly did stay those ships and after procured a joynt Action to be entred in the Court of Admiralty in the name of the late King and himself as Lord Admirall against 15000 lib. pretended to be Pyratically taken by some Captains of the said Merchants ships and in the hands of the said Captains and accordingly an Attachment was served upon the said Merchants Whereupon the said Merchants being urged to bring in the 15000 lib. or to go to Prison made new suit to the Duke for the release of their ships who pretending that the Parliament must be moved therein the Merchants much perplexed and considering that they should lose much by unlading their ships and the losse of their voyage resolved to tender to the said Duke ten thousand pounds for his unjust demand who by colour of his Office extorted and exacted from them the said ten thousand pounds and upon receipt thereof and not before released the said ships That the motion in Parliament about the stay of the East-India ships was onely upon apprehension that they might be serviceable for the defence of the Realm That the Action entred in the Court of Admiralty against the East-India Company was not after as is suggested but divers moneths before that motion in Parliament yea before the Parliament began That the composition mentioned in this Article was not moved by the Duke but made by the late King and that the Company without any menaces or compulsion agreed to the Composition as willing to give so much rather then to abide the hazzard of the suit That of the said sum all but two hundred pounds was imployed by his late Majesties Officers for the benefit of the Navie And lastly that those ships were not discharged upon payment of the said sum of ten thousand pounds but upon an accommodation allowed that they should prepare other ships for his Majesties service whilest they went on their Voyage which accordingly they did VII Reply 7. That the Duke being great Admirall of England did by colour of the said Office procure one of the principall ships of the Navy-Royal called the Vant-guard and six other Merchants ships of great burthen to be conveyed over with all their Ordnance Ammunition and apparel into the Kingdom of France and did compell the said Masters and Owners of the said ships to deliver the said ships into the possession and command of the French King and his Ministers without either sufficient security for their redelivery or necessary caution in that behalf contrary to the duty of his Office and to the apparent weakening of the Navall strength of this Kingdom That those Ships were lent to the French King without his privity that when he knew thereof he did what appertained to his Office That he did not by menace nor any undue practice by himself or any other deliver those ships into the hands of the French that what errour hath since happened was not in the intention any way injurious to the State nor prejudicial to the interest of any private man VIII Reply 8. That the Duke knowing the said ships were intended to be imployed against the Rochellers and the Protestants else-where did compel them as aforesaid to be delivered unto the said French King and his Ministers to the end that they might be imployed against those of the Reformed Religion as accordingly they were to the prejudice of the said Religion contrary to the intention of our Soveraigne Lord the King and to his former promise at Oxford and to the great scandal of our Nation That understanding a discovery that those ships should be imployed against Rochel he endevoured to divert the course of such imployment and whereas it is alledged that he promised at Oxford that those ships should not be so imployed he under favour saith he was mis-understood for he onely said that the event would shew it being confident in the promises of the French King and that he would have really performed what was agreed upon IX Reply 9. That he hath enforced some who were rich though unwilling to purchase honours as the Lord Roberts Baron of Trure who was by menaces wrought to pay the summe of Ten thousand pounds to the said Duke and to his use for his said Barony He denyeth any such compulsion of the Lord Roberts to buy his honour and that he can prove that as the said Lord did then obtain it by the solicitations of others so was he willing formerly to have given a great sum for it X. Reply 10. That in the 18. year of the late King he did procure of the late King the Office of High Treasurer of England to the Viscount Mandevil now Earl of Manchester for which Office he received of the said Viâ—count to his own use the sum of 20000 l. of money and also did procure in the 20. year of the late King the Office of Master of the Wards and Liveries for Sir Lionel Cranfield afterward Earl of Middlesex and as a reward for the said procurement he had to his own use of the said Sir Lionel Cranfield the sum of 6000 l. contrary to the dignity of his late Majesty That he had not nor did receive any penny of the said sums to his own use that the Lord Mandevil was made Lord Treasurer by his late Majesty without any Contract for it and though his Majesty did after borrow of the said Lord 20000. pounds yet was it upon proviso of repayment for which the Duke at first past his word and after entred him security by Land which stood ingaged untill his late Majesty during the Dukes being in Spain gave the Lord satisfaction by Land in Fee-farm of a considerable value whereupon the Dukes security was returned back And that the 6000 l. disbursed by the Earl of Middlesex was bestowed upon Sir Henry Mildmay by his late Majesty without the Dukes privity who had and enjoyed it all entire XI Reply 11. That he hath procured divers Honours for his kindred and Allies to the prejudice of the antient Nobility and disabling the Crown from rewarding extraordinary virtues in future times That he believeth he were rather worthily to be condemned in the opinion of all generous minds if being in such favour with his Majesty he had minded only his own advancement and had neglected those whom the Law of Nature had obliged him to hold most dear XII Reply 12. That he procured and obtained of the late King divers Mannors parcels of the Revenues of the Crown to an exceeding greâ—â— value and hath received and â—o his own use disbursed great sums of money that did properly belong unto the late King and the better to colour his doings hath obtained severall privie Seals from
semblance of hardship or Invasion upon the Subjects Liberties which the very Papists in this the better Partners seemed more really to resent and offered in lieu of some favour to them in the penal Lawes not Toleration to contribute very largely to the safeguard of the Narrow Seas which put the State into present condition rather to collect their Arrears of Thirds due to the King by Law It appeared not for private gain but extream necessity of State which involved all and therefore with possible endevours the Naval Forces were to be compleated for the summer But let us passe over to Ireland to see what they do there It was Michaelmas Term in Ireland when the Papists there offered Propositions to maintain five hundred Foot for a more Toleration of Religion but the Protestants to pertake in some measure of the charge To that end a great concourse of the Nation of both professions appeared before the Lord Deputy Fawkland in the Castle of Dublin but the Primate and Bishops in their Assembly prevented their further proceedings subscribing to a Protestation as their judgement concerning Toleration of Popery That the Religion of the Papists is Superstitious and Idolatrous their Faith and Doctrine erronious and hereticall their Church in respect of both Apostaticall To give them therefore a Toleration or to consent that they may freely exercise their Religion and professe their Faitb and Doctrine is a grievoâ—s sin and that in two respects For first It is to make our selves accessary not only to their superstitious Idolatries Heresies and in a word to all the abominates of Poperty but also which is a consequent of the former to the perdition of the seduced people which perish in the Deluge of the Catholique Apostacy 2. To grant them Toleration in respect of any money to be given or Contribution to be made by them is to set Religion to sale and with it the souls of people whom Christ our Saviour hath redeemed with his most precious blood And as it is a great sinne so also a matter of most dangerous consequence the consideration whereof we commend to the wise and judicious Beseeching the zealous God of Truth to make them who are in Authority zealous of Gods Glory and of the advancement of true Religion zealous resolute and couragious against all Popery Superstition and Idolatry Amen Ja Armachanus Auth Medensis Ro Dunensis c. Richard Cork Cloyne Rosses Tho Kilmore Ardagh Mich. Waterford Lismore Mal Casohellen Tho Hernes Laughlin Geo Deceus Andr Alachadeus Theo Dromore Franc Lymrick Conferred and agreed upon 6 Nov. 1626. And this their judgement in April 23 after 1627. Dr. Downham Bishop of Derry at the next Assembly and before the Lord Deputy Falkland and his Council took occasion to publish in the midst of his Sermon His preamble herein was That many amongst us for gain and outward respects are ready to consent to a Toleration of false Religion and are guilty of putting to sale their own and others souls and so unwilling to deliver his own private opinion onely but the judgements of the Arch-Bishop and Bishops which he thinks good to publish to them to cleer themselves from consenting To which the people gave their vote Amen But then he went on Not hereby said he to hinder the Kings service for we desire that not onely the sole Army of 5500 may be maintained but also a far greater Army besides the trained Souldiers onely he wished that the King would reserve to himself the most of those peculiar Graces of late offered and granted to the dishonour of God and the King the prejudice and Impeachment of true Religion and what is wanting might be supplied by the County to which he exhorted all good Christians and faithfull subjects The Text the Bishop took was Luke 1. 25. 23 24 25. verses speaking against mens subordinating Religion and the keeping a good Conscience for worldly respects and to set their souls to sale for gain of earthly things The L. Primate preached the next day before the same Auditory and took his Text 1 Ioh. 5. 15. Love not the World nor the things that are in the World when he made the like application as the Bishop did rebuking such who for ready gain like Iudas sold Christ for 30 pieces of silver or as Balaam following the wages of unrighteousnesse c. foretelling as he had often the judgement for these our Inclinations to such permissions and Tolerations and spake as Ieremiah did to Baruch of Gods being about to pluck up what he had planted and to break down what he had built and his bidding him not to seek great things for himself he applied to these times Indeed the judgement of the Bishops prevailed much with the Protestants that the Proposals sank by degrees and therefore induced the Lord Deputy to desire the Primate as the fittest person of the Assembly and a Privy Councellor and so concerned to promote the Kings affairs to summe up the state of the Business and to move them to an Absolute Grant of some competency to the Kings Necessities without any such former Conditions which was so done with much prudence and to this effect his Speech followeth My Lords THe refusal of those Gentlemen to contribute supply to the Army for defence of this Nation minds me of the Philosophers observation That such as have respect to a few things are easily misled Their minds so intent to ease themselves of a petit burthen without regard to the desolation of a heavy war which an Army may prevent forgetting the lamentable effects of our late Civil War by famine rapine and what not and now again the storm is foreseen which if not prevented our state may prove irrecoverable The Dangers are from abroad and from home Abroad we being now at odds with two potent Princes France and Spain to whom heretofore our dis-affected persons have offered this Kingdom to their Conquest In the daies of Henry the eight the Earl of Desmond did it to the French King the Instrument in the Court of Paris yet extant expresses so much and the Pope afterwards transferred the Title of Ireland to Charles 5. and so afresh confirmed to his Son Philip in the time of Queen Elizabeth with a resolution to settle this Crown upon the Spanish Infanta These Donatives though of no value yet they serve for a colour to a potent Pretender powerfully to supply what is defective And of late even when our Match was on foot with Spain a Book was countenanced there the Author a Spaniard Philip O Sullevan wherein he concludes the only way to establish that Monarchy first to set upon Ireland the Conquest of Scotland then of England and after of the Low Countries will easily follow Nor is the fear more from abroad then the like danger at Home Domestick Rebellion but lest I be mistaken now as your Lordships have been lately I must distinguish the Inhabitants Some
by the Kings command expresly to leave the House and attempting to rise was by force held down by Master Hollis who swore he should sit still whilest they pleased but not prevailing Sir Peter Hayman moved Hollis to reade these Articles which the House protested First whosoever shall bring in Innovation of Religion or by favour seek to introduce Popery or Arminianism or other Opinions disagreeing from the true and orthodox Church shall be reputed a capital Enemy to this Kingdom and Common-wealth Secondly whosoever shall counsel or advise the taking or levying of the Subsidies of Tunnage and Poundage not being granted by Parliament or shall be an Actor or Instrument therein shall be likewise reputed a capital Enemy to the Common-wealth Thirdly if any man shall yield voluntarily or pay the same not being granted by Parliament he shall be reputed a Betraier of the Liberties of England and an Enemy to this Common-weath To each of these in order the House gave there a loud applause at every close which distempers reaching but to the Kings ear he sent for the Serjeant of the Mace but he was kept in and Sir Miles Hobart a Member locked the Door and kept the Key The King incensed at these insufferable Contempts sent Maxwel the Usher of the Black Rod to dissolve the Parliament but him and his Message they excluded which put the King into a forcible Posture the Captains with their Pensioners and Guard to break their entrance they fearing the effects suddenly slunk out of the House not daring to abide his anger who instantly came to the Lords and told them My Lords I never came here upon so unpleasant an occasion it being the Dissolution of a Parliament therefore men may have some cause to wonder why I should not rather chuse to do this by Commission it being a general Maxime of Kings to leave harsh commands to the Ministers themselves onely executing pleasing things Yet considering that Justice as well consists in reward and praise of virtue as punishing of vice I thought it necessary to come here to day to declare to you and all the World that it was meerly the undutifull and seditious carriage of the Lower House that hath made the Dissolution of this Parliament And you my Lords are so far from being causes of it that I take as much comfort in your dutifull demeanours as I am justly distasted with their Proceedings Yet to avoid mistakings let me tell you that it is so far from me to adjudg all that House guilty that I know there are many there as dutifull Subjects as any in the World it being but some few Vipers amongst them that did cast this mist of undutifulness over most of their eys yet to say truth there was a good number there that could not be infected with this contagion in so much that some did express their duties in speaking which was the general fault of the House the last day To conclude as these Vipers must look for their reward of punishment so you my Lords must justly expect from me that favour and protection that a good King oweth to his loving and dutifull Nobility And now my Lord Keeper do what I commanded you Who in the Kings name dissolved the Parliament But because Tunnage and Poundage was much disputed we shall shall say something to the first ground and occasion of them It is a fundamental truth essential to the constitution and government of this Kingdom and hereditary Privilege of the Subject that no Tax Tallage or other charge might be laid without consent in Parliament this was ratified by the contract of this Nation with the Conquerour upon his admittance and declared and confirmed in the Laws which he published and yet afterwardâ— broken by King Iohn and Henry 3. then confirmed by Magâ—â—â— Charta and other succeeding Laws but then attempted to be broken by the two succeeding Edwards when the Subject pursued those Breaches by the opportunity of frequent Parliaments and found relief procuring the right of the Subjects to be fortified by new Statutes And it may be observed that those â—ings in the very Acts whereby they did break the Law did really affirm the Subjects liberty and disclaimed that right of him a thing which hath been since challenged by successive Sovereigns the Merchant in those times usually giving consent to such Taxes but limited to a time to the ratification of the next following Parliament to be cancelled or confirmed But mostly these upon Merchandise were taken by Parliament six or twelve per pound for time and years as they saw cause for defence of the Sea sometimes also granted unto Noblemen or Merchants but for that use and afterwards they were granted to the King for life and so continued for divers Descents Between the time of Edward 3. and Queen Mary never any Prince some say demanded any Imposition but by Parliament Queen Mary indeed laid a charge upon Cloth by the equity of Tunnage and Poundage because the rate set upon Wool was much more than that upon Cloth and little Wool being transported unwrought she had reason to impose so much more as brought them to an equality but that there still continued a less charge upon Wool wrought into Cloth than upon Wool carded out unwrought untill King Iames his times when upon Nicholson's advice there was a further addition of charge which is that which we call the pretermitted Custome In Queen Elizabeths time some Impositions nay many increased the general prosperity of her Reign in the conjuncture of time and forrein affairs overshadowing and her power and will commanding without regret or complaint That of Currans was one for the Venetians having taxed a charge upon our English Cloth she raised that of the Currans with pretence to be even with them the sooner to take off the other And this came to be denied to King Iames by Bates a Merchant and a Sute in the Exchequer adjudged it for the King The three Judges then no more distinguished their several opinions The first that the King might impose upon forreign Commodities but not upon Natives to be transported or necessary to be imported for the use of the Kingdom The second Iudg was of opinion he might impose upon all forreign Merchandize whether superfluous or no but not upon native The third was absolute seeing the King had the custody of the Ports and Guard of the Seas and might shut up or open the Ports as he pleased 〈◊〉 had a Prerogative to impose upon all Merchandize exported or imâ—â—rted Afterwards King Iames laid charges upon all Commodities Outward and Inward not limited to time or occasion This Judgment and the right of imposing was a question in 7. and 12. Ian. and in 18. and 21. Ian. It was declined by the Commons House But in 1 Car. it was renewed by the Kings Propositions and then rather confirmed not abolished It was not sufficient for the King to break up the School of dissension
with the insolencies of some Priests which caused the Council there to put them all to the Horn for non-appearance and afterwards to Proclame them Rebels But to avoid apprehending they all fled hither for some sanctuary untill their cause were pleaded which found little favour they being returned back upon good caution and security to abide their several trials at home Some overtures were made here from the Emperour in referrence to the further quiet of Germany and the cause of the Palatinate And finding the Queen of Bohemia neerly concerned and in a narrow condition her former Pension from hence decreasing she was consulted by Message of Sr. Henry Vane sent by the King to visit her and to relate the offer of 30000 l. per annum from the Emperour with conveniency of Reception within the Palatinate Her Eldest Son to marry one of the Emperours daughters and to be brought up in that Imperial Court Whereunto it is said She made this Magnanimous reply Rather then to suffer her childe to be bred in idolatry She would cut his throat with her own hand for which the Authour so highly extolls her to have so erect a minde in her lowest estate This appears to be Strange That Sr. Henry Vane sent on purpose over Seas of an Arrand should be so mistaken in his message to make it the Kings desire which was but his bare proposal And that such a religious Person as her Majesty should be forward to commit so damnable a sin to her self as to Murther her own Son ratheâ— then to consent that he should be bred a Papist and so to prevent a hazzard his damnation it seems under the profession of the Church of Rome The Wars in Italy began two years since about the succession of the Duchies of Mantua and Monferrat which after the death of the Duke Vincent without children fell to the Duke of Nevers The Spaniards through Jealousie without right or title take Arms so did the Duke of Savoy He seized some places in Monferrat and they besieged Casal The Venetians in suspition of the Spaniards further progresse in Italy and joyn with Nevers So does France who passeth by force through Savoy to the streight of Susa and after the taking many Towns of Savoy falls upon the Spainard takes Cambrey besieges Montmelian sends before to Piemont and follows himself in person where he was victorious leaving the poor Duke of Savoy to seek preservation in desert and unaccessible places Yet the Spainard continues the siege of Casal under command of Spinola And the French defends the Citadel by force of Toras two succesful Generals the one in the Low-Countreys and the other against the English at the Isle of Rhe. The businesse came to this The Town and Castle were already yeelded to Spinola and the Citadel had capitulated to surrender by such a day if succour came not In the interim Spinola dies of Infection the Duke of Savoy in his Bed when by intercession of the Pope and Cardinal Mazerines first Negotiation and dexterity the peace was concluded with the Emperour of Vienna and all caressed in that Treaty The French restores all to the Savoy Nevers begs pardon and is invested the Spaniard renders Monferrat and all are Friends again which the fume of ambition had caused with much bloud-shed And really those two Nations having stoutly wrangled by Famine Sword and Sickness in Italy with the loss of above a Million of Mortals among them came neither of them to their secret end and reaped no other salary but vain-glory and all Neighbours about suffered by siding to their several humours When the French had broken that puissant party of the House of Austria in Italy he devises new Alliance to attach the Spaniard And first by Mediation of the Venetians they are put upon it to propose a Treaty for Peace between the two Crowns of England and France which was not difficult for us to accept King Charls being more manacled at home by his own Subjects than the French were with outward Forces And so both parties having their several Designs they soon agreed into these Articles 1. That the two Kings shall renew former Alliance inviolable with free Commerce and in this particular such things may be proposed to add or diminish as either part shall judg convenient 2. That for what is past during the late Difference in satisfaction shall be demanded on either side 3. That the Articles of Marriage of the Queen of Great Brittain shall be confirmed and concerning her Domesticks to propose Expedients to be added or diminished 4. All former Alliances between the Crowns shall stand good unless changed by this present Treaty 5. And the two Kings being thus remitted to their former affections shall respectively correspond towards the assistance of their Allies so far as the continuation of affairs and the general good shall permit for procuring of the repose of the Troubles of Christendom 6. Ambassadours on either part to be dispatcht for ratificatication and Residencies in either Court 7. And touching Ships at Sea with Letters of Marcque on either side that for 2. moneths following shall nâ—t prejudice this Agreement Provided to restore eithers Prize after that time upon demand 8. These Articles to be joyntly signed the 14 of this preseâ—t April and instantly then to be consigned into the hands of the Lords Ambassadors of Venice to be delivered to each King aâ—a day prefixt All acts of Hostility to cease and to be Proclamed in both Kingdoms the 20. of May following And in September Sr. Thomas Edmonds Controller of the Kings Houshold and the Marquesse of Chasteauneut were sent reciprocally from either King to take confirmation of these by Oath The State of Spain in no worse condition of retrograde then either of the other finding it some disadvantage upon him for two such Monarchs to piece up their Peace meant to make sure of One. Not that he was so low though Pasquin poasted him up in a Friers habit at Rome as begging friendship A common abuse among Princes being subject to the pleasure of Poets and Painters not so handsom to be chronicled for Authority seeing at that time the House of Austria was high enough the Emperour on the other side by way of equal return elevated on his Throne with a King fallen at his feet and the Eagle loaden with feathers plucking the Crown off his Head but these fancies are the common peoples food But of this arrand we are told came Peter Reuben hither the famous rich Painter of Antwerp Secretary and Gentleman of the Chamber to the Arch-Duchesse of Eugenia Which was but thus King Charles had a minde to dignifie the structure of the Banquettingâ— House at White-Hall with ornament of Painting in the in-side and Reuben sent hither for that designe He having lately finished most excellent Figures and Historical Pieces for the Queen Mothers Palace at Paris The like he did here The Paintings over head in
executâ—â—◠〈◊〉 he wretchedly died IRELAND The State of England must be cleared of an Imputation That the not reducing Ireland to Civility since the Martial design 17 H. 2. above four hundred years was so continued in policy But if otherwise intended why not the Conquest perfected till their subjection to K. Charls In truth their former defects have been the faint prosecution of the War and loosness of Civil Governments The Souldiers ill paid and worse commanded the more barbarous the greater difficulty witness Caesars to reduce Brittains and their petty Princes a longer War then with all Asia and under one Monarch The King of Spain hath felt that by the States of the Netherlands not as yet but the whole Kingdom of Portugal he got in a trice Tributaries they were the first degree of subjection but more properly Soveraigns than Subjects And H. 3. grants run thus Rex Regi Tosmond salutem c And the Record says Onale Rex 100 l. de auxilio domini Regis Henrici c. and in truth the English Kings might rather deserve their Title Rex Regum for each Rebel is a King and vi armis Regnum suum obtinuit and the Armies sent over at several times were ill paid more unruly worst commanded till 36. Edw. 3. Extorting Coin and Livery Free-quarter and Money the general fault of all Commanders there which the Irish call damnable Custom and so did nothing but undo one another the English Colonies as hardly used as the Irish Until 9 Eliz. who sent over more men and spent more money there than all her Progenitors since the first onset on that Nation for she had three Rebellions Oneal anno 1566. was soon defeated with a thousand men or rather he was slain by accident of the Scots not the English Army Desmond more deep six thousand English quite defeated him But Tyrones Rebellion universally spread enforced the Queen to send Essex with forces indeed twenty thousand by Poll yet did nothing till Mountjoy made an end of that war under King Iames and so submitted to English Government Laws Magistrates the Kings pardon and Peace in all parts an intire and perfect Conquest as Merline prophesied At Sextus maenia Hiberniae subverteâ— Regiones in Regnum redigentur But concerning the Civil Affairs they were never brought to any degree of Reformation till the Governour Earl of Sussex laid the platform and proceeded in the way which Sr. H. Sidney pursued reducing the Countries into â—hires placing 〈◊〉 and Ministers of Laws but yet rather in a course of 〈◊〉 than by Civil Courts for though the greatest part of 〈◊〉 were vested in the Crown by Act of Parliament yet no seizure nor brought in charge the Irish having all and though the Name O-Neal were damn'd as High Treason yet Tirlagh Leynnagh was suffered to leave that Title and to intrude upon the possessions of the Crown and that with favour of the State and the Abbaries and Religious Houses in Tyrone Tirconnel and Ferminagh dissolved in 33 Hen. 8. were never reduced into charge but were continually possest by the Religious Persons until King Iames came to the Crown Nay more strange the Donations of Bishopricks being a flower of the Crown which the Kings of England did ever retain when Papacy was at the highest There were three of them in Ulster namely Derry Rapho and Clogher which were never bestowed by any former Soveraigns though they were undoubted Patrons until King Iames the first King that ever supplied these Sees with Bishops Indeed after the Government of Henry Sidney followed Sir Iohn Perrolt who advanced the Reformation in three principal points In establishing the Composition of Conaught in reducing Ulster into seven Shires though in his time the Law never executed in those new Counties by Sheriffs or Justices of Assize but the people left to be ruled by their own barbarous Lords Laws Lastly by vesting in the Crown the Laws of Desmond in Munster and planting English there After Perrot comes Sir William Fitzers He raised a Composstion in Munster and setled the possessions of the Lords and Tenants in Monahan one of the last Acts of State tending to Reformation in Queen Elizabeths days Thus former Soveraigns endeavoured since Edward 3. to reduce this Nation and before the Civil Wars of York and Lancaster the chief aim was to order the degenerate English Colonies not respecting the meeâ— Irish. But after Hen. 7. who united the Roses they laboured to bring both English and Irish to Alleageance but never perfected till King Iames. The former 〈…〉 〈…〉 And for the Civil part to settle peace after Tyrone that Act of State or Act of oblivion by Proclamation pardoned all offences against the Crown and particular Trespasses don before King Iames his time and the inslaved Irish under their tyrant Lords were received into his Majesties immediate Protection As publick Peace so publick Iustice the first Sheriffs in Tyrone and Tyrâ—onnel in Ulster and Pelham and the first Justices in those Counties and afterwards in the first years Government of Sir Arthur Chichester he established two other new Circuits of Assize in Connaught and Munster where for two hundred years before had not been executed and publick Iustiâ—e grew so great as that there was Magna messis sed operarii pauci round about the whole Kingdom twice a year which heretofore was but about the Pale like the Circuit of Cynosur a about the Pole Quae cursu interiore brevi convertitur orbe By the Circuits of Assize the Commons were taught to be free Subjects to the King not Slaves to their Lords that their Cuttings Cosheries Sessings and such Extortions were unlawfull so that these tyrant Lords wanting means humbly petitioned for licence to take some competent contribution for their support which being denied them they were fain to fly into foreign parts and as Extortion banished them who could not live but under the Law so the Law banished the Irish Lord who could not live but by extortion that in five years not so many Malefactours of Death in the six Circuits or two and thirty Shires as in one Circuit of the West of England the Irish in peace fearfull to offend the Law and thereby â—ull knowledge of the Irish their Countries Persons and Actions and so their ancient Allowances in their Pipe Rolls pro Guidagio Spiagio was well spared Under Officers doing that Aâ—rand the neglect of the Law made the very English 〈◊〉 Irish which now counts them to be civil English The â—est was the setling of the Irish Estates as well as English for though a Law of Queen Elizabeth enabled the Governours to take Surrenders and regrant Estates unto the Irish yet but few Irish Lords in her time offered to make any if they did it was regranted to them again and to no other and the poor Septes paid their Duties as before so 〈◊〉 such a Surrender there was but one Freeholder made in a whole County which was
affections of the four Inns of Court presenting the King and Queen with a most glorious and gallant Masque Heretofore they usually divided themselves in assistance Lincolns Inn with the Inner Temple and the Middle Temple with Greys Inn but now they unite all in some regret against Master William Prynn an Utter Barrister of Lincolns Inn for his late Book Histrio Mastix invective against Stage-plays the solemn Musick used in the Cathedrals and the Royal Chappels against Masques and Dancings at Court the Hospitality of the Gentry at Christmass not without scandal to the King and Queen and some Passages very dangerous to their Persons for which an Information was preferred against him by Noy the Attorney General and the Cause near Sentence the Inns of Court ashamed of such a Member amongst them discovered to their Majesties their disdain of his Doctrines and so in this gallant way of expressing their duties they would out-do any that had been before accompanied also after the Masques with a Train of Christian Captives many years enslaved in Chains under the Emperour of Morocco and now sent by him a Present to the King for his assistance in taking of Sally and destroying those Pyrates to the future security of all Traders in the Mediterranean Sea And the City willing to do something answerable feasted their Majesties a Fortnight after at the Lord Maiors house Alderman Freeman so magnificent that to please these People the Inns of Court Revellers adorned the Kings Feast at Merchant-Tailors Hall where that Masque was again shewed to the City The first Act of open Popularity to them enough to beget hearty affection to him which they seemed to fain but with false hearts ever after And those two places of Feasting are mistaken not being at Guild-Hall Whilest the Deputies of the obedient Provinces Flanders c. were â—usie in seeking for an end of their Evils in some happy Overtures of Peace the Infanta Clara Eugenia their Governess dies whom the Cardinal Infanto succeeds A Lady she was of excellent fame for her milde and gentle Government over them foreseeing that those Treaties then on foot would produce little effect although the other Provinces disobedient Netherlands were offered conditions advantageous enough The States stood fast upon Impossibilities and the other could not exclude their Master And indeed the Prince of Orange his Dispatch of taking Rhinburgh in three Weeks made the Treaty more insolent on his part being hindred by the French Minister that eloquent and able Charnasse who by his diligent pursuits broke off the Treaty and brought the States back again to take up Arms with his Master the French King and so follows on with the Confederacy of the Swedes against the Marques of Aitona for the Spaniard amongst them all in this Militia were such insolencies committed as almost dissolved and spoiled the Hollands Discipline But Aitona marches towards the Maze where he seizes some Prisoners Complotters with Count Henry of Bergues the Prince of Espinoy already fled into France and the Duke of Arscot gone into Spain and the Cause examined dissipated and tried Then he sends the Marques de Ledio who took the strong House of Argentean and retook the Dutchy of Limbergh making a shew of besieging Mastrick thereby to have the passage open into Germany But the Prince of Orange to divert him from this Design plants himself before Breda but not willing to meddle with the Spanish Army now marching towards him to dislodg him from thence he retired five days after And thus ended this years fighting in the Low-countreys The English Coasts were much infested by the Pirates of all our neighbour Nations nay from out the Mediterranean Turks Algiers And as they were generall afflictions to all honest men that came in their way so the great Traders Merchants suffered much and the English because of their generall commerce the most of all and the State being busied in that honourable design of suppressing them our neighbour Dutchmen minded the more their gain and were almost Masters at sea in the Northern fishing which because so farr and so small return they went away with the whole benefit But then for they to settle upon the Hering Busses and the general fishing of the very British seas and our own Coasts after much muttering of our fish-mangers and the complaint upon their Markets the State were rowzed up by several overtures and Projects concerning Bussos for our own Coast and prevention of strangers as an Inlawd over all the Narrow-Seas some petty quarrels there about happened between us and the Hollander and then began the dispute which that able Scholar Grotius intended to conclude by his Tract of Mare Liberum and although the English right was not now to be questioned by a new challenge of the General interest and so to make the case common to all and that by the Pen. Yet to answer him therein also he was incountred by as learned a Piece intituled Mare Clausum the Author Mr. Selden able enough to make it good and did so far as he intended towards them proving the Soveraignty of those Seas under the dominion of this Crown of England and by continual practise of our former Kings levying monies of the Subject meerly for that purpose to maintain that Right But when the King found that it was now in controversie and must be kept by force which his Coffers fayled to perform Herein he considers the way and means to require supply of his Subjects by duty which hitherto had been refused of Curtesie or by Privy-Seals or by Loans which are miscalled disgustfull Impositions illegal they were not so they had been lawfully demanded and no Impositions but seemly and necessarily used by all former Soveraigns Disgustful indeed they might be so are all demands of mony from hard-hearted Subjects and being restrained by his own consent to the late Petition of Right he would depend upon his own the revenue by his right of Prerogative And having Precedents of former Soveraigns he sets on foot that payment of Ship-mony as a duty for indeed Mr. Selden comes short of home in his proofs bringing his Levies of Naval-aid but to the time of Henry the second and might no doubt by his reading have reached home without helpe even of a Parliament But the course went on by the orderly legal proceeding of Writ in effect an ancient President of raising a Tax upon the Nation for seting forth a Navy in case of danger And being managed by that excellent Artizar of Law the Atturney Noy whose Readings and search had no doubt hapened upon Records for Levying a Naval-aid by sole authority of the King for safety of the Kingdome as also in time of those Parliaments when free subsidies and this enforced command of aid came together the one by their love to support what might refer to himself this other by authority when it concerned the publique But the wisdome of State made
restrictions and bounded the writ at the first but to Maritime Counties as mostly receiving the present benefit of security from Pyrates but that not sufficient for the common necessity the wits became afterwards Generall to all Counties and so did the quarrel The whole amounting unto two hundred thirty six thousand pounds in lieu of all payments came but to twenty thousand pounds per mensem The Clergy never pleaded but indeed they muttered their case to be free from all secular and civil charges And to prevent the boldness of any pretence the Laws made disputes of the three fold necessity binding all Clergy and Laity viz. aid in war building of Bridges and raising of Forts Nor had they any Execution that which the Arch-bishop did for them was upon their just Complaint of their unequal Tax by their Neighbour therefore the Sheriffs were required not to tax the Clergy of Parsonages above a tenth part of their Land-rate of their several Parishes and no doubt we may easily believe the Inlanders might mutter as conceiving it strange to be concerned in the Sea But in truth the main Exception was to be taxed out of Parliament against the late Petition of Right and indured long debate in Courts of Iustice thereafter whilest the first Mover Noy the Attorney having set the Wheel a going took his last leave in August to rest for ever from the toil of an Attorney General And now was the great Design of the Swedes quarrel in Germany prosecuted and Ambassadours abroad to all the Neighbour Allies for assistance and Axel Oxenstiern the great Chancellour and Guider of those affairs of State sent hither his Son in Ambassy impowred with Credential Letters no doubt from his Sovereign Queen or from interest of the Chancellour of which our King could not pretend ignorance for in all outward reception he appeared so I was present in the Banquetting-house at White-hall when he had Audience of his tedious peremptory Oration But indeed whether because his Address had been before to the French King from whom he had large promises and a great Present or whether because our Reasons of State gave slender hopes to engage against the Emperour with whom we were in Treaty concerning the Palatinate he refused our Kings Present of equal value with that of France and returned not well pleased The state of Ireland in some disquiet dangerously now divident between Papist and Protestant the wise Lord Deputy Wentworth being necessitated to summon a Parliament for the supply of a fresh Contribution for the Army the former of twenty thousand pounds per annum determining the next year and provision must be assured before hand to discharge the Kings Debt of eighty thousand pounds besides It is most true that there was no ill Husbandry of former Governours that caused a contraction of this Debt but the wisdom of the Sovereign not to charge the Nation with Levies for they had granted but one Subsidy since primo Iacobi the Kingdom in good condition since the Wars and their Estates being by the King so lately setled they could do no less than raise their Purses with their plenty and give the King Subsidies which they did The Civil affairs well forwarded the care was to setle the Ecclesiastick by Assembly of a Synod The Design was not more politick as pious to repeal the Body of Articles formed Anno 1615. and to substitute those nine and thirty Articles of the Church of England in their room and the rather because the nine Articles of Lambeth were included with the Irish which in truth had been purposely inserted by King Iames to ballance against the Tenets of Arminians and were evermore started by the contrary Opinions where the Points of Predestination and the Lords Day Sabbath had found free acception to these indeed the Alteration seemed strange some referring it to power others to piety and reason also the reason might be in relation to the Papists who made a wonder that the Churches of three Kingdoms united being under one chief Head and Governour there should be three several and distinct Confessions of Faith and yet all pretending to one Religion and the conclusion and concession not huddled but canvased and with some advantage in Vote for the Church of England although as some say the Primate of Ireland interposed his Negative The Scots are busie fomenting sundry pretended Designs of State against their Liberties they became very bold endeavouring to blast the Kings Proceedings in their last Parliament as indirect charging him with corrupting and suborning the then Votes and evermore of some tendency in favour of Papists and to publish it in print they framed a Libel which passing through malignant hands and so vented but the Lords of the Council there searching narrowly for the Authour it fell upon one William Hagge and he escaping his Abetter was brought to the Board being the Lord Balmerino the Son of a Father of small Conscience and less Religion but Secretary he had been to King Iames who shuffled a Letter of his own contriving amongst others for the Kings signature too much complementing with the Pope Clement in favour of the Catholicks which Letter being so sent and some years after mentioned by Cardinal Bellarmine to the Kingâ—s prejudice and Balmerino questioned for it did ingeniously confess the same and after some outward sufferings had his pardon and preferment but time discovering the Policies of State another way it is now averred that the Letter was then devised by the Kings command in some reason to gain upon the Romish party in reference to his interest in England where the Papists were prevalent and more powerfull abroad but now this Lord the Son whether by nature perfidious or made so by Revenge elapsed into the like crime indeed and suffered the same Trial and Eviction and found the same mercy the Kings pardon and preferment for the present but fell more foul in offending some years after But the Kings Pardon to him gave great encouragement to the discontented Party in Scotland having now found by experience the Kings inclination either by fear or affection to be wrought upon if not mastered and having continual intelligence from his Majesties Bed-chamber the bane of the King by persons near about him Scots of all passages in England concerning the interruption of three Parliaments imprisoning the Members and other civil Distractions sufficient to discover a discontented condition in England also but it appears not who gave the first invitation for assistance to each other of a War Either party Scots and English so forward as that it seems they met joyn'd at last in an unnatural War with their dread Sovereign And yet untill 1637. that the Service-book was imposed on the Scots both parties lay dormant without any perfect correspondence that I can meet with till that time or a little after And then also Cardinal Richelieu sent over his Chaplain Chambers a Scotishman to stir up the
England which received opposition and intermissions till the year 1616. where at Aberdine their general assembly of Clergy made an act authorizing some of their Bishops to compile a form of Liturgie or book of Common-Prayer first for the King to approve which was so considerately there revised and returned for that Kingdome to practice which same service book was now sent for by this King and committed to some Bishops here of their own to review and finding the difference not much from the English He gave command in Scotland to be read twice a day in the Kings Chappel at Holyrood-house at Edenburgh that Communion should be administred in that form and taking on their knees once a month the Bishop to wear his Rocket the Minister his surplice and so to inure the people by president of his own Chappel therâ— first and afterward in all parts for the publique The Scottish Bishops liked it reasonable well for the matter but the manner of imposing it from hence upon them was conceived somewhat too much dependancie of theirs on our English Church therefore excepting against the Psalms Epistles and Gospels and other sentences of Scriptures in the English book beeing of a different translation from that of King Iames they desired a Liturgie of their own and to alter the English answerable to that and so peculiar to the Church of Scotland which indeed was more liker that of King Edward the sixth which the Papist better approved and so was the rather permitted by the King as to win them the better to our Church And so had it been accustomed to the Scottish several Churches for some years without any great regret and now particularly proclaimed to be used in all Churches to begin on Easter sunday which was respited to Sunday the three and twentieth of Iuly being then to be countenanced at Edenburgh by the Lords of Session then sitting as it had been before commanded in publique Sermons to the people by divers Ministers by Rallock that Covenanter afterwards and others of the same And accordingly in St. Giles Church the chief of Edenburgh the Dean in presence of the Counsell Bishops Lords and Magistrates beginning to read the women first and meaner men began the Mutiny clapping their hands and cursing with their tongues raising such a hubbub that none could be heard but themselves The Bishop designed for the Sermon stepâ— up into the Pulpit to interpose their madness and minding them of their irreverence and horrible prophanation of that sacred place which incensed them into fury flinging what came to hand Stones Seats Stooles and cordgells almost to his murther Then the Arch Bishop St. Andrews Lord Chancellor and others offering to a peace were no better handled untill the Provost Bayliffs and civill Magistrates were forced to shut the multitude out of the Church And so the Service-book was read throughout though with the rage of the people hollowing knocking and battering of the windows without with staves and stones and watching for the Preachers the Bishops he was incompassed with the cominalty of the baser sort and hardly escaped their intent to smother him to death And so in sundry other Churches in the City with the like clamour and disorder which moved the Councill further to assemble at the Chancellors and there to command the Lord Revall and Officers to order the people into a more quiet for the afternoon which was done with some moderation in the Churches but after Sermon endangering the Earl of Roxborough Lord Privy seal to be the first Martyr St. Stephen for but having the Bishop of Edenburgh put in the Coach with him And in outward shew Magistrates dissembled their resentment of those disorders and pronounced an order of the Councill to themselves to advice upon anobligatory Act of security to the Ministers persons that did or hereafter that should undertake to read the Book and maintenance also for them And afterwards in shew some of the most unruly were slightly punished as being therefore under hand encouraged to do so again for which at first had they been hanged the example might have discovered all others from falling into the like folly the King having thâ—n force enough at Sea to have blocked up their Haven he might soon have brought the Edenburghts to obedience and after them the whole Nation But by his suffering of them then and of such like following after he was come to that misery as one saies well cum vel excedenda sit natura minuenda dignitas either out go his own nature or forgoe his own Authority And the Scots were so well assured of the Kings Levity as that with a couple of Letters from them to the Arch Bishop of Canterbury to palliate the practice and to promise their paines to the compleat effecting of his Majesties desire in the Service-book and so signed by all the Bayliffs who proved afterwards the onely Actors in the like mutinie The Stage indeed became afterwards better hanged and the Schemes better set out their intended Tragedy with a specious Title â—f Piety and Religion The next Moneth of businesse abroad Vacation and Harvest employed them from their confluence of acting until October when all such came to Edinburgh of all conditions and from all Counties of that Kingdom which looked so like a Muster for Insurrection that the Councel was put to prevent it by three Proclamations the 17. of October 1 That no Church matters should be resolved but that all persons depart home unlesse they shew good cause to the Councel upon pain of Rebellion 2. For removing the Session or Term from Edingburgh to Lithgow for the present and afterwards the succeeding Sessions to Dundee till further pleasure 3. And the third for calling in and burning a seditious Book intituled A Dispute against the English Popish Convention obtruded upon the Kirk of Scotland These proceedings prevailed not to appease them for the next day the Councel Chamber being the place appointed â—o Examination of a Judicial Tryal before Sr. William Elphingstone and the Bishop of Galloway passing thither was suddenly surrounded with the tumult of disordered people to the very Councel House where he was again assaulted with a fresh Troop to the hazzard of his life had he not been defended and pulled in whom yet they demanded with such outrage as necessarily called to his succour the Earl of Trahair then Treasurer and the Earl of Wiggon of the Councel who got in and were then in worse case being all besieged and enforced to send for aid to the Provost and Officers assembled at the City Councel They also in the like extremity sent word by their Messenger Sr. Thomas Thomson of the same mischief to themselves and that to save their lives from fury were forced to subscribe 1. To joyn in opposition to the Service-Book and in Petitioning to that purpose 2. To restore Ramsey and Rollock two silenced Ministers 3. And to receive Henderson again their
consequently have power to give order for the external part of Gods Service as was by Parliament granted to Queen Elizabeth and her Successours And the first Congregators calling themselves Protestants by Contract with Queen Elizabeth Anno 1559. received by Contract the Common Service-book of the Church of England for the better obtaining assistance from her to beat out the French then nestled in Scotland as Buchanan confesses Scoti ex servitute Gallica Anglorum auxiliis liberati eisdem Ritibus cum Anglis communibus subscripserunt lib. 19. in fine which was done by way of Indenture and thereupon Queen Elizabeth assisted them at their own charges and the English Service-book was so received by the Protestant Kirk of Scotland and practised as appears in Iohn Knox his History p. 111. of Buchanan's Edition in these words It is thought covenient advised and ordained that in all Parishes of this Realm Scotland the Common Prayer-book be publickly read weekly on Sundays and other Festival Days with the Lessons of the Old and New Testament therein contained conform to the Order of the said Book of Common Prayer and if the Curates of the Parishes be qualified to cause them reade the same and if they be not or refuse that the most qualified in every Parish shall reade it And that Preaching and Interpretation of Scriptures be used privately in the most convenient Houses where the People may quietly convene untill it shall please God to move the Princes heart to grant liberty of publick Preaching by faithfull and true Ministers And this was done Anno 1560. being so agreed upon the Year before And according to Queen Elizabeths Contract on her part she sent the Lord Grey with an Army of ten thousand Land-forces and an Navy by Sea which expulsed the French from thence but their turn served they afterwards devised another way of Discipline of their own like as those Covenanters did now refuse this Service-book not for any fault therein but because they would not have their Kirk depend upon the Jurisdiction and Order of the Church of England And whereas these Covenanters accused the Arch-bishop of Canterbury as Authour of this Book with the success thereafter as that they presumed to put their Platform of Geneva Discipline even upon the very Church of England as by their Solemn League and Covenant hereafter appeareth which though it take for a time with the prevalent party of their Faction in England yet shortly after as extravagant and they have since received their reward of slavery so just it is with God Some upright and honest Scots were in policy taken off either by subtilty or force And because the Earl of Strathern a bold man and had the Kings ear and deservedly too being faithfull and true these men set on Sir Iohn Scot Directour of the Chancery a busie Person to inform against his Descent which they call Service as Heir to David Earl of Strathern pretending to the Crown The story was thus briefly Robert the second of that Name and first of Stuarts about the Year of God 1370. entred his Reign at fifty years old having been Regent for his Uncle King David Bruce and had Issue by his Concubine Elizabeth Sir Moor's Daughter three Sons viz. John called Robert the third Robert Duke of Albany and Earl of Fife and Alexander Earl of Buchan In the second year of his Reign he married Aufeme Daughter to the Earl of Rosse and begat of her two Sons Walter Earl of Athol and David Earl of Strathern infeoffing upon them great Estates of Crown-lands intailed onely to their Heirs male legitime or to return to the Crown The King aged and infirm intrusted the power of the Militia to his eldest Son John Earl of Carrick and Lord of Kyll a valiant Person The Queen dying and leaving two young Sons the King marries his former Concubine Besse Moor and preferred her three Sons begotten out of Marriage before his legitimate Sons this being done by the Popes Dispensation and by Act of Parliament or by a Prior clandestine Marriage as was pretended yet the History bears it not But John succeeded by the name of Robert the third because two Kings Johns of England and France had been unfortunate And from this Robert lineally the Race of the subsequent Kings are descended David Earl of Strathern left onely one Daughter married to the Lord Graham's second Son who left onely one young Son Melissus Graham Earl of Strathern and King James the first returning to Scotland after eighteen years but noble Captivity in England and finding the Crown-rents much decayed caused a general search of the Dilapidation and the return made among others that the Earldom of Strathern ought to devolve to the Crown by the Intail and so it was reassumed but the young Earl so near a Kinsman he created Earl of Menteth with some small Rents at which the young mans Uncles the Earl of Athol aspiring to the Crown and Sir Robert Graham quarrel and murdered the King but were exemplarily punished and Athol forfeited since which time the Earls of Menteth lived privately untill this man was set up by the late Duke of Buckingham obtaining of the King neither of them acquainted with the Genealogy to be lineal Heir to that David Earl of Strathern his Predecessour to have the Title of Earl of Strathern who some years after vainly let fall these words that the King held the Crown of him and being tried and found guilty the Title was recalled and he had given to him the Title of Earl of Airth but discourted and put out of place or further medling in State-affairs extremely and specially aimed at by the former Contrivers of his ruine lest he might hinder their wicked intended Designs against the King and the estate of the Church and Bishops for the Man was noted to be very honest and faithfull though fâ—lly invented those words without any intention of mischief But it is dangerous to dally with the Sovereignty of Kings much more with their Crowns lest the wound become incurable nothing more dear than their Titles and Posterity And the restoring of Menteth in bloud was very disadvantagious to the King and indeed dangerous to the Earl himself comparing his case with others the like heretofore Henry the sixth of England restoring in bloud the Descent and Titlâ— of the Duke of York who openly thereafter made claim in Parliament for the Crown as in his own right laying down his Title thus The Son of Ann Mortimer who came of the Daughter and sole Heir of Lionel Duke of Clarence third Son of King Edward the third is to be preferred by very good right in succession of this Kingdom before the Children of John of Gaunt the fourth Son of Edward the third but Richard Duke of York is come of Philippe the Daughter and sole Heir of Lionel Duke of Clarence third Son of King Edward the third and to be preferred before the Children of the fourth Son
who was Henry The very same reason in the Title of the Earl of Strathern the Children of a first Marriage by Common Law are to be preferred in the succession before the Children of the second Marriage for the marrying of Elizabeth Moor did but legitimate her Children to succeed after the Children of the first Marriage As for the authority of Parliament we may consider whether that Authority may confer and intail a Crown from a lawfull Heir thereof to the next apparant Heirs Or whether an Oath given unto a King by Mans Law should be performed when it tendeth to the suppression of Truth and Right which stand by the Law of God Then if one Parliament hath power to intail a Crown whether may not another Parliament upon the like consideration restore the same to the right Heirs But it may be objected that the Subject resigneth all his Right to his King and then consider whether a Subject may safely capitulate with his Prince that is to give over and quit claim all Right and Title which he hath to his Sovereign Crown his right being sufficient And if by his Capitulation his Heirs be bound And if besides it be honourable for a Prince to accept his conditions The trouble which Edward Baliol raised in Scotland their Histories mention notwithstanding that his Father John Baliol had resigned unto Robert King of Scotland all the Right which he or any other of his had or thereafter might have to the Crown of Scotland He anno 1355. gave to Edward the third King of England a full Resignation of his pretended Right of the Crown of Scotland as before being assisted by the said King and the confederate Gentlemen of Scotland in a Parliament holden at Perth where he had been confirmed King of Scotland by the three Estates If the Pope the King of Spain or France after some Revolution of years seeking to trouble the peace of this Isle should entertain and maintain one of the Heirs of the Earl of Strathern as Queen Elizabeth did Don Antonio the Prior of Crato who claimed the Crown of Portugal to reclaim whose Kingdom she sent a Fleet to settle him or should marry one of them to their nearest Kinswoman and served him armed with power to claim his Title to the Crown of Scotland as King James the fourth of Scotland practised upon Perkin Warbeck named Richard Duke of York to whom he gave in Marriage Katherine Gordoun Daughter to the Earl of Huntley and thereafter all his Forces to establish his said Ally invaded England whether had he not a fair Bridg to come over to this Isle It would be likewise considered if the Earl of Strathern though a mean Subject these two hundred years having been debarred all Title to the Crown and now by the favour of King Charls being restored in bloud and served Heir to his great Progenitours and indirectly as by appendices to the Crown if either out of displeasure and want of means to maintain his Estate he or his should sell or dispose their Right and Title of the Kingdom of Scotland to some mighty Prince such as was perhaps lately the King of Sweden who wanted nothing but a Title to invade a Kingdom not knowing whether to discharge his victorious Forces It would be considered if that Title disposed to such a Prince were sufficient to make him King of Scotland or if establishing his Right upon fair conditions such as is Liberty of conscience absolution and freedom from all Taxes Subsidies the People of Scotland might give him their Oath of Allegiance or if he might redact the King of Scotland to give him satisfaction or composition for his Right to the Crown of Scotland It was to be considered the times turning away the mindes of Subjects from their Prince by changes as hath befallen that inconstant Nation to these present times how dangerous was it besides to his own person And for the Earl the Examples following may inform for first Lewis King of France having under stood that a Nobleman of Artois called Canacare had vaunted to be lineally descended as in truth he was from Clodioule Chevelu and so by that succession was Heir to the Crown caused him extirpate and all his Race Henry 4. King of England after the deposure of King Richard the second kept Edmund Mortimer Earl of March who had a just Title to the Crown under such Guard as he could never attempt any thing till to his Death But Henry the seventh King of England took away Edward Plantaginet Duke of Warwick Heir to George Duke of Clarence in jealousie of his succession to his Uncle Edward the fourth Margaret Plantaginet his sole Daughter married to Richard Pole by Henry the eighth restored to the Earldom of Salisbury was attainted three score and two years after her Father had suffered and was beheaded in the Tower in whose Person died the Sirname of Plantaginet Ann Plantaginet Daughter to Edward the fourth being married unto Thomas Howard Earl of Surrey and Duke of Norfolk was the ground and chief cause that King Henry the eighth cut off the Head of Henry Earl of Surrey though he pretended that the cause of his Arreignment was for bearing certain Arms of the House of York which onely belonged to the King Mary Queen of England put to death the Lady Jane Grey and the Lord Guilford her Husband for their Title to the Crown and by the same reason was the destruction of Mary Queen of Scotland by Queen Elizabeth The like reason also made King James of Great Brittain imprison the Lady Arabella and her Husband she being with childe but by Imprisonment and flight she miscarried and died and then he was released The Duke of Guise deducing his Genealogy from Charls le grand in the Reign of the French King Henry the third was suspected to aspire to that Crown and suffered at last for that presumption And to return to Scotland it is evident in their History that for thâ—se two hundred years last past the Race of Euphane Ross in her children David Earl of Strathern and Walter Earl of Athol have been kept under and for good reason of State ought to be so still unless the policy of a Prince wâ—uld the rather raise them up to a considerable suspâ—â—ion thereby to deserve a greater Destruction This discourse of Strathern is inserted fâ—r particular satisfaction of some English that have doubâ—ed of his Descâ—nt And now the Sâ—ots begin to invest themselves with the supreme Ensigns of Sovâ—reignty and Marks of Majesty by erecting of four Tables of Council for ordering the Affâ—irs of thaâ— Kindgom a new way of Judicature of their own composing in contempt of the King and his Council erected much like those of the detestable pretended holy League in France entring into Covenant against all Opposers the King himself not excepted They erected many Tables in Edinburgh four were principal consisting of the Nobility Gentry Buâ—roâ—ghs and Ministers many subordinate Tables of
the Gentry in reference to their Shires these consulted of Propositions for the gâ—nâ—ral Table consisting of Commissioners elected out of the other four Tables which should be put in practice by a blinde Jesuitical zeal of obedience a neâ— form of Government in a Kingdom evermore Monarchical to this day and so they then would call it And the first Dung from this General Table oâ— Sâ—able rather of these unruly Horses was their Covenant and seditious Band pretended to preserve their Religion in renewing their ancient Confession of their Faith and security of the Kings person but aiming really at the destruction of both Concerning this their Confession of Faith 1. First It is observed against the vulgar Errour That the Ministers have been alwayes the Instrumental party subservient to the prevalent faction of the Nobility in all these late troubles as in all former since the first alteration of Religion And when Hamilton and Argyles power vanished it is manifest that the Ministers authority likewise took end having the rise and fall together 2. That the Confession of Faith in anno 1580. upon which the late Covenanters grounded and derived their Covenant in anno 1638. was onely a Negative Confession containing an abjuration of all points of erroneous doctrine of the Romish Church which a Iew Pagan Turk or any except a Romane Papist might have taken being consonant to the Oath of Abjuration here in England imposed upon suspected Recâ—sants 1643. and lately renewed by the Lord Protector though upon different ends And that it was no Covenant containing any Band of mutual defence without and against the Kings consent as this did but onely a Band for the maintenance of the true Religion and the Kings person with the Kings warrant and the Councels and the General Assemblies approbation anno 1590. as their own words bear in the frontispice of this their Covenant 1638. All which it wanted and consequently was a clear illegal combination of subjects against the King their undoubted lawful Supreme Magistrate which is High-Treason by the laws of all kindes of Government And that all strangers to the Scots History may the better apprehend what the Negative Confession was It will not be amisse to set down briefly the reason that moved King Iames to impose the same upon his Scotish Subjects It being inserted in the large Declaration page 57 58 59 concluding in these words To whom with the Father and the Son and the Holy Ghost c. The rest therein after mentioned is forced in by the New Covenanters The occasion of that Confession King Iames the sixth having no kinred left in Scotland of his Fathers side except the Earl of Lenox an aged decreped Man without hopes of issue sent to France for Esâ—re Lord Aubigny near in blood that was to Lenox And being a young Gentleman of a comely personage and sweet disposition he was made first Gentleman of the Bedchamber then Earl of Lenox to preserve the house delapsed by right to the King and then Lord High Chamberlain Duke of Lenox and Privy Councellour with very great affection to boot whom a strong part of the Nobility oppose and set on some bâ—utefeu Ministers to pulpet him a Papist and to be sent into Scotland by the House of Guises in France to pervert the King and subvert the Protestant Religion and got Interest with Queen Elizabeth to side with them The King commends him to Mr. David Lindsay Minister of Leeth who understood French and was by him converted making his publique Recantation in St. Giles Church afterwards the Cathedral of Edinburgh and constantly came to the duties of the Church But this they said was done by dispensation from the Pope so that the King commanded his Chaplain Mr. Craig to draw up that Negative Confession subscribing it first himself then the Duke and after them his whole Houshold All this would not satisfie the Nobles nor their factious Ministers but they seized the King at Ruthen Castle and enforced him to banish the Duke who died shortly after a true Protestant at Paris 3. That the Interpretation which the New Covenanters without any lawful warrant of publique authority put upon the Negative Confession by making it abjure Episcopacy and the five Articles of Perth Assembly anno 1618. was contrary to the former practice of their own Kirk ever since either of them was determined See Grand Declaration page 364. which proves by Acts of Parliament that the Bishops had still votes in Parliament according to former times 4. That the Negative Confession was an un-hand som way for a King to take to suppresse a few Mutinous Ministers appears clearly by common reason and King Iames his own dissallowing of it afterwards in his conference at Hampton Court anno 1603. But his first Ordination thereof was onely pro tempore morte Mandatoris expirat Mandatum unlesse it had been renewed by the present King it could not be loyal 5. King Charles by his Coronation Oath 1633. is sworn to maintain the Church as then it was And all Ministers upon their Admission did take Oath of obedience to their Ordinary Bishops and to the five Articles of Perth by Acts of Parliament so commanded for so many years past at least these should have been removed by Acts of Parliaments before they could be renounced without perjury 6. Whether the Limitation contained in the third Article of the Solemn League and Covenant viz. To preserve and defend his Majesties Person and Authority in the third place and conditionally in the defence of the true Religion and Liberties of the Kingdoms not exprest nor known in the large extent as newly interpreted doth not fetter the subjects Allegiance and open a back door for them to rebel against the King if they imagine he doth oppose it which they conceive to be the true Religion and Liberties though never so falfe and how this can stand with the three and twentieth Article of the large Confession of Faith authorized in both Kingdoms 1645. by acts of Synods Holding forth That Infidelity or difference in Religion doth not make void the just Authority of the Magistrate or free the people from their due Obedience to him this being so how can the Covenanters give answer hereunto But the Title to this New device was thus The Confession of Faith subscribed at first by the Kings Majesty and his Houshold in the year of God 1580. thereafter by persons of all ranks 1581. By Ordinance of the Lords of secret Counsel and Acts of General Assemblies subscribed again by all sorts of persons 1590. By a new Ordinance of Councel at the desire of the General Assembly with a general Band for maintenance of the true Religion and the Kings person and now subscribed in the year of God 1638. by us Noblemen Barons Gentlemen Burgesses Ministers and Commons under subscribing To which the Royall Narration makes these Questions By what authority they durst exact an Oath without him or his
Deputy Magistrate Seeing therein their Title bears evidence against them for in their three first subscriptions is exprest either King Iames his own act or an ordinance of the secret Councel equivalent to regality or at the desire of the General Assembly to intreat it If they had power to command the new taking of an old Oath as they had not what authority had they to interpret it concerning the five Articles of Perth the Service Boâ—k the Book of Canons and high Commission their Predecessours abjuring onely those Romish corruptions of that time near sixty years since but what could not be more evident was taken upon trust with Jesuitical Equivocation to many such Objections The former Confession and Band annexed heretofore was mâ—de in defence of the King his Authority and Person with their bodies and lives in defence of the Gospel of Christ and Liberties of that Kingdom To which they now have added a mutual defence of one another against all opposers the King not exâ—epted nor any for him Nay by two Acts of their own Parliaments Declare all leagâ—es of subjects amongst themselves without the King to be seditious and punishable The Oath of Iames the sixth and ninth Parliament of Queen Mary the Kings consent never granted nor ever asked The fire of this seditious Covenant flaming throughout the corners of that Kingdom the King to appease those passages sends the Marquesse of Hamilton with power of High Commissioner to conclude and determine for the peace of the Kingdom But why a peace-maker Commissioner and not a war-like Commander And if by a fair Imparlance why Hamilton so much reason to be distrusted as before observed unlesse rather to be deceived than to distrust against the advice of some Scotish Lords the Earl of Sterling Secretary of State the Bishops of Rosse and Broken Privy Counsâ—llours Sr. Robert Spotswood Lord President of the Colledge of Justice and Sr Iohn Hay Master of the Robes who came post hither to disswade the King from him and to present the Marquesse Huntley for that service one utterly in Enmity against Covenanters where the other was suspected But the King carried on by fate suffered the weak contribution of the Duke of Lenox his advise though the old Enemy of his house than that a County Lord Huntley should carry it from them both And indeed it was a Royal deputation fitted for King Hamiltons ambition who having lost the Scotish army for the King of Swedes ayd He fell upon secret designes for his own ends obliging all Scots at Court his dependants and by his authority in Scotland he had the means to alien any from the King to himself as he did in his trust cosen the King by granting what the Covenanters desired even to his Crown by degrees To suspend and after to suppresse the Common Prayer and Canons the five Articles of Perth got by Inches from his Father to be confirmed by Parliament and the Covenant authorized with the calling of General Assemblies for votes of Covenanters to censure and Excommunicate the Bishops and to abolish Episcopacy and all the Royal Clergy to be ruined making himself the greatest figure in Scotland and the King his cypher He acting all in the after Warre as the story proceeds to shew in particular But in Iune the sixth day his Commission was read at Dalkieth four miles from Edinburgh where the Covenanters increased devising because some powder landing at the Fryth for supply of the provision of Edinburgh Castle that assuredly the plot was to blow away the Covenant by destroying the Covenanters And in earnest they were to disdain any notice of the Commissioner or his arrand unlesse he came to them where they were fixed with better force than to adventure out of Edinburgh they having openly landed two good ships loaded with Arms and Amunition and then invited him to come thither which he did Being met with the Nobility and Gentry Covenanters and all sides making a lane of the looser sort who were made believe that Popery and Bishops were One with bitter cursings against both and therefore He being setled at Haly-rood House desired the Covenanters to dismisse their Multitude which they did to be eased of the charge And then He demanded first What they would expect from him Secondly What might be expected from them in duty to the King To the first That nothing but a General Assembly and Parliament would please them and so in both they would be their own Judges and for return to any former obedience they acknowledge no dissertion in the least degree from justifying their actions and rather renounce Baptism than loose one Article of their Covenant or rebate one syllable of the literal rigour of it Religion and Laws be at stake They double their guards of the city the Ministers libel the pulpits and send to the Commissioner the Sunday Eve that whosoever should read the English service though in the Kings Chappel should die the death where they were observed and increasing Insolency they send several letters to each of the secret Councel to require them to take the Covenant Therein expressing the comfortable experience they have already of the wonderfull favour of God upon renewing their Confession of their Faith and Covenant their resolution and beginnings of Universal Reformation to God his great glory contentment of his Majesty blessing to the Kingdom and joy of all good subjects And doubt not that your Lordship will both subscribe to the Covenant and be promover to it in the duty of a good Patriot the Office and trust of a Privy Councellour this the time of trial of your affection to Religion the respect of your fame the eyes of men and Angels being upon your carriage the Lord Iesus a secret witnesse to observe and a Iudge hereafter to reward and confesse such men before his Father that take his part before men All and each of these call and cry to God and your Lordship in a cause of so great and singular necessity as you expect at the hour of death to be free of the terrour of God and to be refreshed with the comfortable remembrance of Christ Iesus King of Kings and Lord of Lords The Marquesse now findes this place too hot for him and removes to Dalkieth without adventuring upon the English Divine Service formerly continually used there for twenty years in audience of the Councel Nobility and Judges and here he Proclames his Maiest es gracious Declaration for relieving of their grievances and satisfying of good people in his forwardnesse for maintenance of the Religion professed in that Kingdom His aversnesse from Popery Not to presse the practise of the Service-Book and Canons but in a legal way of proceeding and had ordered the discharge of all acts and Councels concerning them and to indict a General Assembly or Convocation and Parliament to agitate the welfare of the Church and Kingdom The Covenanters afraid that this Justice and clemency might
sets forth his Proclamation and Declaration To inform his loving Subjects of the seditious practices of some in Scotland seeking the overthrow of this Royal Power under false pretext of Religion the seven and twentieth of February 1638. referring to theirs in Edinburgh the fourth of February before and therein he discovers their traiterous intentions by the multitudes of their Pamphlets and Libels against Regal Authority by their Letters to private persons inciting them against the King by their Covenanters private meetings at London and in sundry places of the Kingdom some whereof he knows and some he hath seen by their contempt and protests against his Majesties commands by their rejecting of his Covenant because commanded by him and their inducing their own into Band and Covenant of conspiracy against him and lastly by their hostile preparations of Arms. He remonstrates all the former passages of his grace clemency and indulgence towards them their undâ—tifull returns of all and now their insolencies by their erecting a Print of their own raise Arms block up and besiege his Castles tax his Subjects slight his Counsellours set up Tables Councils of their own sit by Committees of their late pretended Assembly He takes God to witness he is constrained by these their Treasons to take Arms for the safety of that and this Kingdom They refusing the Oath of Allegeance and Supermacy because they have taken their Covenant He resolves to maintain Episcopacy there and refers to a large Declaration coming forth which suddenly succeeded of all the Passages as aforementioned to that Day of the Date February 27. at White-Hall To which they answer by theirs at Edinburgh the two and twentieth of March next following under the title of An Ordinance of the General Assembly And begin with their usual Canting That though the secrets of Gods way cannot be sounded yet considering his Providence in their personal affairs the Lord is about some great Work on Earth for the Cup of affliction propined to other Reformed Kirks is now presented to them though instead of a gracious Return of their humble Petitions from time to time the Return is a late Declaration of the seven and twentieth of February last libelâ—ed against them though the Gates of Hell shall not prevail against their Cause and the Kingdom of our Lord Jesus Christ now in question which Declaration proceeds from the unchristian Prelates and their party inserting the image of their Hierarchy into the Kings Portraict and by their unequal poise overturn the Boat of all the Passengers and the Steer-man himself to perish And in good earnest they rip up their Reasons first by their long suffering of the Prelates insolency against their Ministery purity of Doctrine their Reformation the wonderfull Work of Gods Mercy to that Nation and so most falsly seting down the aforesaid Passages to their own ends fearing Popery to be introduced and because all the particular mischiefs calamities and curses recited shall not fall upon them to prevent the after-quelling of their childrens return wherefore hath the Lord done thus and hus against then the men shall say because they have forsaken the Covenant of the Lord therefore have all these Evils come upon them And for doing any harm to England cursed be their breasts if they harbour any such thought Implore the good opinion of their well affected Brethren in England And so to conclude their War defensive they cite the Law Natural and Civil that Ad defensionem sufficit quoâ— praecedat offensa vel justus timor offensae nec debet quis expectare primum istum melius enim jura intacta servare quam post vulneratam causam remedium quaerere quando praecedunt signa actus manifestae offensionis quando aliter nosmet tueri non possumus tum inculpata necessaria diciâ—ur tutela ac in dubia insultus quicquid facit in incontinentâ— praesumitur ad sui defensionem facere It is enough for defence that the offer of offence or just fear of offence go before as we profess it to be our case at this present even the defence of God and his Religion Edinburgh the 22. of March 1639. And so you see the occasion of this War which is untruly said to be the Arch-bishops advice and we are told the reason because it was the Bishops War the Covenanters called it so by which the Historian is observed to be one and that though it was so hinted a War to maintain the Bishops Hierarchy we are assured of the truth that though their contract and Covenant against the Liturgy and Episcopacy were their chief pretencs yet not the causes Religion the Vizard to disguise Rebellions when covetousness sacrilege rapine have a chief hand then as you may reade the true occasion in the entrance of this History under this Title The Scots Interest But as the English Clergy so the Nobility and Gentty had contributed largely and raised a considerable Power under Conduct of the Earl of Arundel the Kings General the Earl of Essex Lieutenant General of the Foot and the Earl of Holland of the Horse a considerable part of the Royal Navy with plenty of Corn and Ammunition intrusted the Kings fatal oversight to the command of the Marquess Hamilton who is marked out by an Observator and that justly to have anchored with his Fleet in the Frith of Edinburgh receiving his Mothers Visit a rigid Covenanter which the Scots themselves could then interpret That the Son of such a Mother would not hurt them for there he loitered to no good purpose for the King untill that he was informed of the Treaty tending to Pacification at Barwick and then he got on Land and poasted thither on purpose to disturb the intentions or master them to his own sinister respects as you shall reade hereafter And with these Forces the King himself sets ouâ— the very day of the same Moneth of his advance to this Crown March 27. And because it was a sudden War we shall soon march to the Enemy for in April he came to York where he stayed some time being the Rendezvouz for his Army marshalling his Men and consulting also of necessary Affairs of the State and Council-table and to indulge with a Proclamation April 13. Revoking and making null sundry Grants Licences and Commissions unduly obtained upon false suggestions I shall number them to the shame of such corrupt Ministers as did not prevent them viz. against Cottages and Inmates Scriveners and Brokers several Commissions for compounding with Offenders for transporting of Butter for importing of Log-wood for selling Under-sheriffs Places for destruction of Woods in Iron-works for Concealments and Incroachments within twenty Miles of London for transporting Sheep-skins and Lamb-skins for dressing Venison Pheasants Patridges in Inns Ale-houses Ordinaries and Taverns for licensing Wine-cask Brewers transporting Lamperes And revokes several Grants viz. for weighing Hay and Straw in London and three Miles compass the Office for registring
Bankrupts in the County for gaging of Red Herrings for making of Iron for sealing Bone-lace for gaging Butter-cask for Kelp and Sea-weed sealing Linnen-cloath gathering of Rags Several Offices viz. of Factory for Scotish Merchants for searching and sâ—aling of foreign Hops for sealing of Buttons all Grants of Fines and Forfeitures before Judgment however granted all Patents for new Inventions not put in practice Of several Incorporations making Hat-bands Gut-strings Combs Tobacco pipes Butchers and Horners All these aforesaid to be called by Quo Warranto or Scire facias which brought the Attorney General sufficient gain to his Place These were intolerable the Devices of Projectors for the needy Courtier and Agents also for the best of their Lordships And almost not any of these but Hamilton and his Scots had a hand therein The eight and twentieth of May brought the King to Barwick in gaze of the Enemy and proved an Interview of each Army not sighting at all The English Army compleat for such a considerable number the most of Gallantry that ever attended any King of England in their Scotish Expeditions nor were the Men we are assured less irefull now than in those days when we most hated a Scot and yet we are told the King never meant to fight but rather by terrour to scare them into reason of obedience Nay I have heard that the King said so at Oxford Garrison taking occasion to speak of the Earl of Holland's infidelity that the Army was not in earnest which made him chuse such Commanders in chief But in his March by the way he gave leave for the Scots to apply themselves for mercy by Capitulation of the Earls of Roxborough and Traquair and these to meet him at York where the first of them was committed for tampering with some English Lords and correspondence with the Covenanters telling our Lords that the Scots ruine would enable the King to command what the English might be unwilling to obey mitigates the displeasure of some and the courage of others which being discovered and throughly observed Traquair was also confined at New-castle but both of them soon released and so sent home after they had done their secret business betraying the King to their own Companions And ere they parted they took caution how to keep intelligence with some of the English It is well observed how suddenly the expected courage of the English Lords was cooled which occasioned the Scots to advance and the Earl of Holland with his Horse Brigade but onely observing their motion he either in fear or fraud says one retired in pestilent danger to be over-ridden with the Scots Galloway nags the Foot also did no more but run and yet not ashamed of what was done the English hasten to the Overtures tending to Pacification managed it seems of purpose by such of the English made Commissioners as the King might have been assured they never had a minde or meaning to fight And who were those the Earls of Pembrook Salisbury Holland and Barkshire Secretary Vane and his Brother Secrerary Cook And the Scots were the Earls of Rothes Dumfirlmin Lord Lowdon Dowglas Sheriff of Tividale Henderson and Iohnston two fiery Ministers and the 17. of Iune conclude upon a Pacification signed by both parties But because there followed much alteration and difference concerning the Articles signed unto by the English and those which the Commissioners presented unto their people which devised conditions never dreamed of And which an Historian professes he never could learn what they were Being delivered he sayes into the hands of the English Nobility But to undeceive him from the Scots deceit I shall discover those mystical conditions which I have as also the rest of the whole matter from the Kings own Declaration To all his loving Subjects and to be sincere in the result of all I shall justly insert the Scots answer to all After the King had been sometime in his Camp near Berwick and the Scots encamped with their Army at Dunslow in view the beginning of Iune wherein the Scots and English that underhand favoured the Covenanters perswaded the King not to enter Scotland by way of Invasion lest it should irritate them the more but to encamp upon English ground to win them fairly to obedience and by a patched peace to elude the King to dismisse his forces Even as the Duke of Norfolk served Iames the fifth King of Scotland to his ruine they falling down at the Kings feet did most humbly supplicate to appoint some of this Kingdom to hear their humble desires the One was That the Acts of the late Assembly at Glasgow might be ratified in the ensuing Parliament professing It is their grief that the King should have been provoked to wrath against them his most humble and loving subjects and that it shall be their delight upon his gracious assurance of the preservation of their Religion and Laws to give ensample to others of all civil and temporal obedience which can be required or expected from loving subjects Because the King would not surprize them he gave them time to come prepared in writing Which was OUr desires are onely the enjoying of our Religion and Liberties according to the Ecclesiastical and Civil Lawes of the Kingdom To clear by sufficent grounds that the particulars which we humbly crave are such and shall not insist to crave any point which is not so warranted and that we humbly offer all Civil and Temporal obedience to your Majesty which can be required or expected of loyal Subjects Signed LOWDON To which was answered THat if their desires were onely the enjoying of their Religion and Liberties according to the Ecclesiastical and Civil Lawes the King does not onely agree to the same but shall alwayes protect them therein And if they shall not insist upon any thing but that which is so warranted he will most willingly and readily condescend unto it so that in the mean time they pay unto him that civil and temporal obedience which can be justly required and expected from loyal Subjects This being the ground of the Agreement which was after concluded and hudled up into Articles the seventeenth of Iune 1639. And the Kings Declaration of that date conformable thereto were these THat though We cannot condescend to ratifie and approve the Act of the pretended General Assembly at Glasgow for many grave and weighty considerations which have happened both before and since much importing the security and honour of that true Monarchical Government lineally descended upon us yet We are pleased to confirm and make good what ever Our Hamilton Commissioner hath granted And that all matters Ecclesiastical shall be determined by the Assemblies of the Kirk and matters Civil by the Parliament and other inferiour Iudicatories established by Law which Assembly shall be kept once a year or as shall be agreed upon by the General Assembly and our Commissioner for the time being That a free and General Assembly
the King countenance an Assembly where Episcopacy is abjured though the prophetical Government of the Church from Christ and his Apostles the onely support of the Crown and in lieu thereof an Estate erected in the Kingdom Independent from the King which rejects his Supremacy and power in Elections which holds he may be Excommunicated by their Assembly censured and deposed by their Parliament which maintains most treasonable tenets with a discipline which was never yet in a Monarchy without Rebellion 10. Shall the King go to Scotland to do against his Oath at his Coronation to doe against his royal word and promise in open and Printed Proclamations to grant that that in his Declaration he professeth to all the world he never will endure 11. Shall the King go to Scotland where he is not able by power or prayer so much as to do Justice to the oppressed to obtain peace for his own servants exiled as Traytours to their Countrey for adhering to the King to re-establish the Prelates in their places or any one Orthodox conform or Loyal Preacher or professor in any Church or Colledge of this his Native and ancient Kingdom 12. Shall the King countenance that Assembly which is onely free from Gods Laws and his own where all the members are inviolably tyed by Covenant Oath and Band in alteram partem contradiction where deliberation can have no place all parties coming with prejudice and predetermination of the businesse in question 13. And yet this Assembly thus free from all Law and authority so hardly obtained so highly honoured with his Majesties presence howsoever contrary to his conscience and honour shall be the most solemn Assembly that ever was in Scotland and that be a president for England and Ireland 14. Shall the King go to Scotland to break Laws make Laws take Laws at the pleasure of lawlesse Rebells to absolve the Traytours with what Justice to condemn the Innocent with what conscience and both with what honour this is no lesse then to lay royalty at the feet of rebellion 15. Shall the King go to Scotland to hear see and suffer the honour of his Royal Father with the integrity of whole Parliaments the equity of his Laws quarrelled and questioned by those whom his Clemency hath imboldened to all villany 16. Shall the King go to Scotland to encourage the Rebells to futher mischief to discourage all his Loyal Servants and to make it a time never to be faithful to a King hereafter this is as much as to Un-King himself with his own hands 17. Now all this and worse if worse can be shall infallibly fall out if His Majesty go to Scotland for having him in their power they shall either force his approbation of their will or use him as their prisoner for thus they served his Royal Father of happy memory 18. As they wish to be absolved from Treason and have all their Rebellious proceedings justified as fervently must they desire to have the King at home among them 19. And having the King in their power can any man think that so desperate Rebels who have gone on in all this businesse with so high a hand with such contempt of authority with such successe that they have eluded all his Majesties Councels contemned his forces frustrate his Intentions and interpreted all this as Gods blessing upon their good cause I say can any man imagine that having so fair an occasion they will be deficient to themselves and not rather attempt or do any thing to Crown all their knavery with the Kings approbation 20. Now for so Mighty a Monarch to involve himself without any necessity into such a labyrinth of misery as shall presently burst out either upon his Majesties condiscendence to the Rebels or upon his detention by them is me thinks to tempt God 21. At any rate though at the highest that can be authority must be vindicated and redeemed from contempt the life of government is reputation make sure this and the other prospers 22. What will neighbour Princes say and think of the managing of this matter wherein all the honour and eminency of Majesty consists what will not posterity abhorre in all these proceedings if Royal honour for want of Councel or courage shall become a prey to Rebellion 23. Rebellion never leaveth Authority without addition or diminution of dignity 24. Usurped Royalty was never laid down by perswasion from Royal clemency for in armis jus omne regni 25. O that there were found so much Loyalty wisdom and valour in the whole Monarchy as to suppresse the Rebells and put the King out of these straits 26. This is the sorest blow that ever our Religion received and the greatest advantage that ever our adversary had this doe all Protestants owe to the Reformation of Scotland that no Christian Prince shall hereafter trust our profession 27. The King cannot go to Scotland with honour untill the Covenant be abjured the Assembly of Glasgow renounced and all things re-established as they were before the Covenant THE VOTE And upon all It was unanimously Voted To force them to their Duty Whereupon soon after the King resolved to call a Parliament and that it was so called and appointed hereafter let no man Imagine but that besides his Councellours advice his own Inclination was most affected thereto as himself hereafter professeth After this comes four covenanting Commissioners from Scotland Dunfirmlin Loudon Sir W. Douglas Mr. Robert Berkley of Derreyn The King receives a handsom Petition with humble thanks in the general and to be heard in their further desires but absolutely refuse to appear before a Committee of the Council without the Kings own personal presence And to him Loudon makes a long Speech of the Independency of the Parliament of Scotland subject to no Iudicature A Profession of their Loyalty and Affection to the King A Iustification of their Assembly and Parliament agreeable to the Articles of Pacification the Laws and practice of the Kingdom And thereupon they desire that the King would ratifie and confirm their Proceedings and that their Parliament might proceed to determine of all the Articles or Bills brought to them to the establishing of Religion and Peace c. But the Council examining their Commission it was found short of impowring them in any consideration to oblige those that sent them onely they produced a Paper authorizing Dunfermlyn and Loudon therein but their Parliament now not sitting they could have no other and indeed to avoid their clamour it was accepted and they went on Deans answer First for a free Parliament It was answered Not to pass the bounds of the Ecclesiastick and civil Laws to fly at Monarchical Government to rob the Crown of the fairest flowers and to destroy all regal power Dean They assume that liberty by the Kings allowing of their Covenant to which his former Commissioner Hamilton had signed and other Subjects Answer That Covenant subscribed by him is the same Covenant and
Band made by King Iames the sixth 1580. obliging those mutually to assist one another at the Kings command but this Band of theirs made without the Kings consent and excepting him is a cunning Combination against and to abuse the People as if by it they were tied by Oath to joyn in Arms or Rebellion No Covenant in the whole World that ever had left out the Head or had not a Negative voice except in cases of Rebellion as this is Then they were told of their treasonable actions Their provisions of Arms. Their levying Taxes of ten Marks per centum every Mark a Hangmans wages in England thirteen pence half penny publishing seditious Papers burned by the Hangman refusing the Lord Estrich sent by the King to be Governour of Edinburgh Castle committing Outrages upon the Garrisons there Raised Fortifications against the Castle and Inchgarvy imprisoned the Lord Southeck and others for their fidelity to the King delivered up the power of Government of several Towns to a Committee which is High Treason and then to fill up the measure to the brim the King produces their own Letter to the French Kirk to call in forreign aid So then the Covenant the Articles of Perth the scandalous Paper burnt and this Letter is to be particularly expressed and somewhat to be said concerning them This Covenant was accompanied with a Supplication or Imprecation upon Record and witness to posterity against them That we the General Assembly acknowledg that there resteth nothing for crowning of his Majesties incomparable goodness towards us but that the Members of this Church and Kingdom be joyned in one and the same Confession and Covenant with God with the Kings Majesty and amongst our selves and do even declare before God and the World that we never had nor have any thought of withdrawing our selves from that humble and dutifull subjection and obedience to his Majesty and his Government which by the descent and under the Reign of an hundred and sevâ—â— Kings is most chearfully acknowledged by us and our Predecessors That we never had nor have any intention or desire to attempt any thing that may tend to the dishonour of God or diminution of the Kings greatness and authority but on the contrary acknowledg all our quietnes stability and happiness to depend upon the safety of his Majesties person and maintenance of his greatness and Royal authority as Gods Vicegerent set over us for the maintenance of Religion and Ministration of Iustice. We have solemnly sworn and do swear not onely our mutual concurrence and assistance for the cause of Religion and to the utmost of our power with our means and life to stand to the defence of our Dread Sovereign his Person and Authority in the preservation and defence of the said true Religion Liberties and Laws of this Church and Kingdom but also in every cause which may concern his Majesties honour shall according to the Laws of this Kingdom and the duty of good Subjects concurre with our Friends and Followers in quiet manner or in Arms as we shal be required of his Majesty his Council or any having his authority and therefore being most desirous to clear our selves of all imputation of this kinde and following the laudable example of our Predecessors 1589. do most humbly supplicate your gracious Majesty and the Lords of his Majesties most honourable Privy Council to injoyn by Act of Council that this Confession and Covenant which as a testimony of our fidelity to God and loyalty to our King we have inscribed be subscribed by all his Majesties Subjects of what kinde and quality soever The thirtieth of August 1639. How they have faithfully observed this National Profession let the World judg and how they have grounded their Covenant which follows God will judg of their Oath It was presented to his Majesties Commissioners by this assembly That besides many other the true and real causes of so many evils which hath troubled this Kirk and Kingdome might appear First the pressing of this Kirk by Prelates with a Service-book or Common-prayer without direction or warrant from the Kirk and contayning besides the Popish frame thereof divers Popish Errors and Ceremonies and the seed of manifold gross superstitions and Idolatry with a Book of Canons without warrant or direction from the general Assembly establishing a Tyranical power over the Kirk in the persons of Bishops and overthrowing the whole discipline and Government of the Kirk by Assemblies with a Book of consecration and ordination without warrant or authority civil or Ecclesiastical apointing Offices in the house of God which are not warranted by the word of God and repugnant to the discipline and acts of our Kirk and with the High-commission erected without the consent of this Kirk subverting the Iurisdiction and ordinary Iudicatories of this Kirk and giving to persons meerely Ecclesiastical the power of both swords and to persons meerly civil the power of the Keyes and Kirk-censâ—res A second cause was the Articles of Perth viz. The observation of festival daies kneeling at the Communion confirmation administration of the Sacraments in private places which were brought in by a Null Assembly and are contrary to the confession of faith as it was meant and subscribed anno 1580. and divers times since and to the order and constitution of this Kirk Thirdly the change of the Government of this Kirk from the assemblies of the Kirk to the persons of some Kirkmen usurping priority and power over their brethren by the way and under the name of Episcopal Government against the confession of faith 1580. against the order set down in the Book of Policy and against the intention and constitution of this Kirk from the beginning Fourthly The civil places power of Kirkmen their sitting in Session Councell and Exchequer their riding sitting voycing in Parliament and their sitting on the Bench as Iustices of peace which according to the constitutions of this Kirk are Incompatible with their spiritual function lift them up above their brethren in worldly pomp and do tend to the hindrance of the Ministry Fiftly their keeping and authorizing corrupt assemblies in Linlithgow 1606. and 1608. at Glascow 1610. at Aberdine 1616. at Saint Andrews 1617. at Perth 1618. Which are null and unlawful as being called and constitute quite contrary to the order and constitution of this Kirk received and practized ever since the reformation of Religion and withal labouring to introduce novations in this Kirk against the order and Religion established A sixt cause is the want of lawfull and free assemblies rightly constitute of Pastors Doctors and Elders yearly and oftener pro ne nata according to the liberty of this Kirk expressed in the Book of Policie and acknowledged in the act of Parliament 1592. After which the whole assembly with one heart and voyce did declare that these and such other proceedings from the neglect and breach of the Nationall
to have been abjured 3. That if they return to this Kingdom they be used as accursed and delivered over to the Devil and out of Christs body as Ethniks and Publicanes 4. That all evil Councellours be accusable and censurable at the next Parliament conform to the Statute of 4. Jac. and that all persons in this Kingdom entertainer and maintainers of Excommunicated Prelates be proceeded against with Excommunication conform to the acts of this Kirk 5. That seeing this Session or Term is now appointed to sit in prejudice of the people who have been busie for the late defence of their Religion and this Nation and now retired to settle their own affairs and not having fourty dayes warning as legally it ought to be and now but twenty to come Wee Protest that all the Members of the Colledge of Iustice and all other subjects ought not to attend this Session that all their Acts which they shall doe shall be voyd 6. Lastly We Protest to have liberty to inlarge this our Protestation and Reasons and thereupon the Earle of Dalhouse for the Lords Sr. William Rosse for the Barons the Provost of Sterling for the Burroughs and Mr. Andro Ramsey for the Ministers take Instrument hereof Edinburgh 1. July 1639. They that would excuse this Insolent impetuosity of proceeding in the Covenanters so early after the accord and so fair do affirm that by the endeavours which was lately used by the Commissioner Marquesse Hamilton to disunite as they call it and corrupt the chief and most leading Covenanters as namely Argyle Rothes Lindsay Monrosse Lowdon Sr. William Dowglas Mr. Alexander Henderson and others by allurements of great offices And that Argyle offered his Daughter in Marriage with Rothes and Ten thousand pounds portion and to remain forthwith and for ever to Rothes in case Hamilton failed of performance But the Scots meet at their time appointed the sixth of August the General Assembly at Edinburgh continuing till the twenty fourth and there made good to themselves the first Article of the Kings reference to his Commissioners former promise which were in particular Abolishing Episcopacy the five Articles of Perth High Commission Liturgy and Book of Canons And the Marquesse Hamilton designed with new Commission from the King to assent thereto and to Act in other things But he cunningly cast that Imployment upon Traquair whose jugglings together proved false and treacherous to all succeeding affairs of their Soveraigne For after the Assembly the Parliament being prorogued to the twenty sixth of August they then sit And at the beginning debate the Interests to the Election of the Lords of Articles The King heretofore named eight Bishops and they eight Noblemen and these sixteen elected eight Commissioners for the Sherifdoms and eight others for the Burroughs and Corporations And these thirty two and no more had the names of Lords of the Articles and were a Committee to canvasse and correct all Bills before they go to Vote And so the King not to be prejudiced in his Nomination by the avoydance of Bishops the Parliament yeelded to his Commissioner to chuse eight Noblemen for the present bnt voted that hereafter every State should Elect their own Commissioners Thus far they were forward for businesse but then how and in what manner to supply the vacancy of Bishops Votes and how to constitute the Third Estate The Commissioner urged for the King fourteen Laiks of such as were called Abbots and Priors to represent the third Estate which after some alteration was settled and voted into small Barons that represent the Commonalty and then fell upon abrogating former Acts of Indictions of Courts of Exchequer Ward-lands and other things so peremptory to a kinde of Reforming all to a fresh new modeling of a Government of their own without reference to Regality the Commissioner had command from the King to Prorogue the Parliament until the second of Iune next against which they frame a Declaration to be of no effect without consent of Parliament and might sit still but in some shew of duty they for the present would make Remonstrance of their Propositions and proceedings and if by suggestions Informations and Imputations bad effects should follow the world should witnesse their constraint to take such courses as might best conserve the Kirk and Kingdom from eminent confusion And accordingly and as a consequence their Deputies the Earl of Dumfirmlin and the Lord Lowdon present their Remonstrance and the Commissioner Traquair came also to the King to give the account of all not before a select Committee of Councellours but the whole body of the Councel and to hear both parties with very fierce Reproofs Recriminations between them where the deputies their old impudent manner not at all qualifying any mistakes or oversights but absolutely insisting upon direct justification of all and every Act of both Assembly and Parliament in their transactions to the very not onely lessening of the Kings prerogative but over ruling if not destroying of all soveraign authority which nothing but power and force could reduce to moderation or reason and these passages made an end of the moneth September During these Scotish affairs about the middle of Iuly came over hither into England the Prince Elector who the last year had ill successe of his designe into Westphalia where he was beaten and his brother Rupert taken prisoner And now Duke Bernard a gallant Commander lately dead the Prince of Orange advised the Elector to procure assistance of his Uncle the King of England to get command of that Dukes Army And although our home affairs were in great necessity of support here yet the King upon his score encouraged him therein and withall dealt with the French Ambassadour Leiger here to procure his Master into a League of assistance with him Intimating so much to Cardinal Richlien the great manager of the French affairs and Councels and glad sayes one to serve his Majesty and Nephew Quite another way for though a Treaty therein was set on foot yet with no intent or policy in the Cardinal too much to further the effect and indeed but a by shift of our King for the present for how could Richlieu be righty perswaded to it being so lately hardly reconciled for the English account upon the Isle of Rhe and the relief of Rochel and from whence he took rise and resolution of revenge by plots and councels with the Scots in all their Rebellions against the King as you shall see hereafter And in truth even now whilst the Treaty the Palsgrave in November was treacherously advised even by the Cardinals designe to passe disguised through France to the Swedes army but discovered all the way first by our own Fleet at the Downs saluted with a voley of great Guns and so by the ship the like which landed him at Boullen for Paris and after to Lions where he was seized and denying himself arrested and as it was managed by the Elector very perfidious to the
habit and with a great Train wherewith they are disguised from notice yet are Jesuits and Members of the Conspiracy All the Papists of England contribute to this Assembly lest any thing should be wanting to promote the Enterprise upon whose Treasury a Widow Owner of the Houses where now Secretary Windebank dwelleth and dead above three years since conferred forty thousand pounds and for the driving on of the business others contribute as they are able Besides the foresaid Houses there are also other close Conventicles kept but very distrustfull of themselves lest they should be discovered First every of them one not knowing of the other are directed to certain Inns and thence led by Spies to the place of meeting being otherwise ignorant of the place for fear of surprise The Countess of Arundel a strenuous she-champion of the Romish Faith bends all her powers for this Universal Reformation nothing is done secretly or openly at Court but she imparts it to the Legate with whom she meets thrice a day sometimes at Arundel's house now at Court or at Tart-Hall The Earl himself being called about three years since this year must go to Rome without doubt to consult there of matters pertinent to the Design At Greenwich at the Earls cost a feminine School is erected which is but a Monastery of Nuns for the young Girls therein are sent forth hither and thither into foreign Monasteries beyond the Seas Master Porter of the Kings Bed-chamber most addicted to the Popish Religion is an utter Enemy of the Kings revealing all his Secrets to the Legate by his Wife for he rarely meets with him himself In all his actions he is nothing inferiour to Toby Matthew it is unexpressible how diligently he intends this business His Sons are secretly principled in the Romish Belief but open Professours of the Reformed the Eldest is now to receive his Fathers Place under the future King A Cardinals Hat is provided for the other if the Plot takes Three years since Master Porter was to be sent away by the King to Morocco but was prohibited by the Society lest the business should suffer delay He is a Patron of the Jesuits providing Chappels for them to exercise their Religion in both at home and abroad Secretary Windebank a fierce Papist is the greatest Traitour to the King of all He not onely revealeth the Kings greatest Secrets but also communicates Counsels by which the Design may be best advanced He at least thrice every Week converseth with the Legate in the Nocturnal Conventicles and revealeth what is â—it to be known to which end he hireth an House near to the Popes Legate to whom he often resorts through the Garden-door for by this vicinity the Meeting is facilitated He is bribed with Gifts to be a Partner in the Conspiracy by whom he is sustained that he may more sedulously attend his Charge His son is sent expresly to Rome on purpose to insinuate himself into his holinesse Digby and Winter Knights Mr. Mountague who hath been at Rome the Lord Sterlin a Kinsman of the Earl of Arundel a Knight the Countesse of New-port the Dutchesse of Buckingham and many others who hath sworn to this Conspiracy are all most vigilant in the plot Some are enticed with hope of Court others of Political Offices others attended to the sixteen Cardinals caps vacant which are detained so to feed with vain hopes those who expect them The president of the said Society was the Lord Gage a Jesuited Priest dead some three years since He had a palace adorned with wanton pictures as pretending to profaneness but palliating thereby a Monastery wherein fourty Nunns were maintained concealed in so spacious a Palace It is situated in Queens street The Jesuits have bought all this street and have reduced it to a quadrangle where a Jesuiticall Colledge is tacitely built with this hope that it might be openly finisht assoon as the General Reformation was accomplisht The Popes Legate useth a threefold Character one common to all Nuncio's Another peculiar to himself and Cardinal Barbarino A third wherewith he covers some greater secrets to be imparted Whatsoever things he receiveth from the Society or spies he packeth up in one bundle with this addresse To Monsieur Stravio Archdeacon of Cambrai from whom they are sent to Rome These particulars considered it will be evident to all 1. That the Conspiracy against the King and Lord Archbishop is detected and the means threatning ruin to them both is demonstrated 2. The imminent Dangers to both Kingdoms is declared 3. The Rise and Progress of the Scotish Fire is related 4. Means are suggested whereby their Troubles may be appeased for after the Scots shall see by whom and to what intents their Spirits are provoked they will speedily look to themselves neither will they suffer the Forces of both Kingdoms to be subdued lest a middle party interpose which seek the ruine of both 5. With what Sword the Kings Throat is assaulted even when these Stirs shall be ended Con's Confession and visible Demonstration sheweth 6. The place of Assembly in Captain Read's House is named 7. The eight Days Dispatch by Read and the Legate is described 8. How the names of the Conspiratours may be known 9. Where this whole Congregation may be circumvented 10. Some of the principal unfaithfull ones of the Kings party are notified by name and many whose Names occur not yet their Habitations being known their Names may be easily extorted from Read If these things be warily proceeded in the strength of the whole business will be brought to light so the Arrow being foreseen the Danger shall be avoided which that it may prosperously succeed the Almighty Creatour grant The matter of this Information is conform to their old practices in all former Times and in some respects to be likely enough but truly far from any wise mans faith to give it too much credit in the particulars which is so notoriously mistaken as it marrs the story And for that Objection and Result thereon that the Arch-bishop of Canterbury had too much favoured the Romish Faction not their Faith is his own opinion the Information says quite contrary But his Observatour and others have shewed how and upon what account King Iames and King Charls too had Reasons and in what manner to connive at the Popish Faction in reference to the favours afforded the foreign Reformed Churches And so the great Ministers and Officers in State doing but their duty therein might be thought to favour their Faith See History complete Mary Queen of Scots and King Iames. And to ballance the Puritan Non-conformist the ancient usefull Ceremonies of the Primitive Church were fuller restored in this Arch-bishops Time than of late before but not so thereby for the Arch-bishop to be forthwith cried up by the Romanists for their Proselyte for they know that this Reformation did in Ceremonies rather undo them No Sir it was the Scots first and Presbytery
after or both together that cried up both him and all the Kings well-affected for Papists and Proselytes who were the most orthodox of any other The Proeme in brief from this Year to the end of this History The state of this Monarchy by ancient Laws and Customs flourished for many Ages heretofore happy at home and renowned abroad untill too much Felicity introduced Luxury and a Colluvies of Vices Pride Ambition Contempt of things divine and humane whence proceeded mutual Emulation and Envy and to trample under foot Religion Laws and Sovereignty and all The seeds of Commotion sowed by certain Members of the House of Commons hence grew mutual suspitions 'twixt the King and Parliament two of them he had dissolved sooner than many men could have wished nor was he forward to summon another without good Reasons inviting which occasioned Provocations of the Populacy against the King nevertheless the Kingdom continued most flourishing inabling him to wage unhappily Wars abroad and to impose Taxes at home The pregnancy of the Bishops renewing ancient Ceremonies aggrieved the scrupulous which Laud Arch-bishop of Canterbury indeavours to put upon the Scots Nation together with the English Liturgy and this had inflamed them to mutiny which to repress the King summons a Parliament to begin the third of November 1640. wherein he indulged more to them than all his Ancestours had done but by so much the more as hereafter follows he sharpens the appetite and boldness of the Innovatours who under other Pretexts had Designs to dethrone Sovereignty and wrest the Government to themselves which being discovered they stir up the Populacy by their Emissaries and under colour of Petitioning they outrage upon the other Members and some of the Nobility and then on the King himself which to prevent he accuses the Leaders of this Sedition and goes to the Parliament in person to demand them but they timely withdrew and this being concluded a high breach of Privilege he very often acknowledged that Errour which not satisfactory the people are stirred up to convert the Kingdom into a flame The accused Members take Sanctuary in the City of London and so return to the Parliament guarded by Forces for that purpose which continued in Arms enforcing the King for security to withdraw his Court into the Countrey sending Messages of Pacification to the Parliament and to have it expressed in writing what the Houses should desire which they drew up into Complaints of infringing their Liberties and demand the power of the Militia he stoutly denying it they wrest it from him and from hence followed the publick Misery He to maintain his Right They to snatch it from him The matter is skirmished a good while with Apologies wherein the King managing his part with a better Pen they fall to Hostility and an opportunity fitted for the Faction to make a War with several Pretexts for defence of the People against evil Counsellours about the King And these formal Delusions drew in the Presbyterian Preachers and such like of the people with large Contributions first to raise an Army to seize the Kings Navy to ravage the Goods of the Nobility and Gentry who favoured the Kings party The King retires to the North and raises an Army likewise And whilest these clouds overcast the Heaven of our happiness at home the Irish Rebellion began which I refer to the story of its proper place by it self But we go on Civil War increased between the King and Parliament raging with Skirmishes Battels and Sieges Fuel of a lasting evil by sâ—ow burning for these different Forces a long time with various success the Parliament apparantly failing at the first many of their Partizans deserting them they set on work their Engines to win to their side the staggering people as if the King mediated an absolute Tyranny over all and therefore some signal Victims they sacrifice to Iustice some for Treason others for Treachery in War and also to the fire and martyrdom all things superstitious or used for Ornaments onely and these made way for their invitation of the Scoâ—s who are called hither with an Army upon Articles capitulated and consented unto by a national League and Covenant to defend the Reformed Religion in the Church of Scotland and to reform England and Ireland also These Covenanters call themselves Presbyterians raging against such as dissented whence followed strange effects and fruits of that Covenant Fathers Sons Wives Husbands Servants and Masters dissenting to the death and so Pens and Tongues were set on work to bandy these Differences till the power of Imprisonment and Ruine proselyted many weak people to the Parliaments party But then the Scots rushâ— into England against which storm the King provides and tranfers the Parliament to Oxford whither repaired his own party and forthwith the House of Peers from Westminster with two hundred part of the Parliament of the House of Commons The King writes to the Scots with admonitions not to invade this Kingdom Pronounces the Members at Westminster guilty of High Treason The King sends the Marquesse Hamilton to retrive the Scots but being deluded by him he sends the Earl Montrosse and not prevailing the Scots defeat the Kings party in the North by which also the Parliament prevails and the King in the brink of destruction Delivers himself into the hands of the Scots army And now the bickering betwixt the Scots and a new facton of Innovators stiled Independents to whom also the former Presbyterians incline with much alteration of the Scots who receiving money are thereby hired to render up the King to the Parliament And so occasion both factions Presbyter and Independent to disagree with several sects and practises of mixed Aristocracy and Monarchy Oligarchy and Democracy with such like strange Engines and Acts of confounding things Some excite the War oppose the means of peace by cunning practises and so convert the war to their own profits which increased their unwearied diligence in Parliament by private Meetings And having obtained the Power they arrogate the title of Independents as not depending upon the arbitrement of any National Church or Civil State but order all things within their private congregation and so opening a large Door for all sects to enter in Besides accommodating themselves to the dispositions of all men pursue the obstinate patronize the obsequious and under pretext of their self-Denying Ordinance they eluded the Presbyterian beguiling them of their questuary and military offices whereinto they thrust themselves and Partizans Henceforth new Commanders General Essex turn'd out and General Fairfax in his place Colonels and Captains of another minde and the whole Army of a New Model with great diligence such new men are promoted Members of Parliament and by publick fame fall upon the Presbyter publishing their disgraces remove them from Governments of Cities disbanding them and dismissing the Scots Army But to return to the story The King in possession of the Parliament the Presbyterian as yet
confirmed by Parliament did after add two shillings per pound without leave of the Parliament We began to be great Practitioners in the School of Revolting in Tumults and Insurrections following the Rules of our Neighbour Brethren in their pretences of Liberty and as it is truly brought into parallel with the Scots former Proceedings in their Discipline of Reformation even from their first Murder upon their Arch-bishop of Saint Andrews Anno And so by that and other Examples we are set on work to begin violation upon our Arch-bishop of Canterbury A Paper being poasted up at the Old Exchange the ninth of May exhorting Prentices to rise and â—ack the Arch-bishop house at Lambeth the Munday following when in the dead time of Night the number of five hundred beset his Palace and endeavour to force their Entrance but were repulsed by such power as he had prepared to oppose them who parted without more hurt than the Glass Windows for which attempt many of them the next day being narrowly observed were seized and sent to Prison to the White-Lion but three days after some of their former Companions in the open day-time beset the Prison force the Doors and delivered them to liberty for which and for Example onely one of them a Captain Cobler was apprehended tried in Southwark and condemned and hanged drawn and quartered and his Limbs set upon London-bridg The King in very great earnest for his Expedition to the North cals a Iovento of select Counsellors where Secretary Vane was conceived so trusty as not to be left out who yet took such Heads of the Debate as he and his Son made use of afterwards towards the destruction of the Earl of Strafford The Heads were thus in brief as they are recorded No danger in undertaking this War Whether the Scots are to be reduced or no To reduce them by force as the state of this Kingdom stands If his Majesty had not declared himself so soon he would have declared himself so no War with Scotland they would have given him plentifully The City to be called immediately and questioned to lend an hundred thousand pounds The Ship-money to be put rigorously upon Collection and by these two ways will furnish his Majesty plentifully to go on with Armies and War against Scotland The manner of the War Shipping of the Trade of Scotland to be detained prejudice so they had the Trade free with England for their Castle A defensive War to sally against offensive War into the Kingdom his opinion is that few Moneths will make and end of the War do you invade the Scots strongly If no more Money than what proposed how then to make an offensive War a difficulty Whether to do nothing or to let them alone Or to go on with a rigorous War Go on rigorously or let them alone No defensive War love of Honour and reputation the quiet of England will not hold out long your might will languish as betwixt Saul and David Go on with an offensive War as you first de signed loose and absolute from all Rulers and Governments being returned to extreme necessity every thing will be done as power will admit and that you are to do They refused you are acquitted towards God and Man you have an Army in Ireland you may imploy it to reduce the Kingdom I am confident as any thing under Heaven Scotland shall not hold out five Moneths One Summer well imployed will do it I venture all I have I would carry it or lose all Whether a defensive War as impossible as an offensive or whether to let them alone Tried always Refused always By the Laws of God you should have subsistence and ought to have it and lawfull to take it Leagues they make abroad and we will do so for the defence of this Kingdom The Lower House are weary both of King and Church Commission of Array to be put in execution they are to bring them to the Borders In reason of State you have power when they are to use them at the Kings pay If any of the Lords can shew them a better way let them do it The Town full of the Nobility who will talk of it he will make them smart first These were the Notes taken thus by Vane and to the Design and general opinion for War the Londoners are summoned to lend Money but the Citizens were sullen indeed no Trading made them poor they who had injoyed such a length of time in peace and commerce just fourty years as never any City could boast of more happiness nor truly of more wealth their bliss Luxury and Pride and Plenty with all Vices answerable unfaithfull to their Sovereign unstable in Religion ungratefull to their own Members and Friends We cannot finde other than this the onely cause that this City might justly regret upon unkindness from the King was the account of their Plantation of London Derry in Ireland a slender occasion their usurpation of more liberty than their Patent would impower was here questioned in Star-chamber and sentenced to be forfeited to the King and Fines imposed upon the Undertakers which though very justly deserving correction yet they proposed reasonable overtures of satisfaction and more honourable for the King to have accepted which was to have contributed a very ample Sum of Money by way of Composition towards the erecting of a Royal Palace for his Majesties Court in Saint Iames's Park according to a Model drawn by Inigo Iones his excellent Architectour and to have taken down White-hall towards the Thames carrying the common way in the room thereof directly from Charing-cross straight through Cannons-row to Westminster-hall leaving the River-side an open Wharf quite along And although their offer in Money came short of the Sum to finish such a Fabrick yet so noble a Design might have found many well-affected to have offered to the supply besides sundry other occasions of raising Money sufficient to have perfected that Work whereas this Fine producing a considerable Sum was begged and squandred away to the Kings small advantage But neither the City nor Nation could pretend to want the Kingdom became the envy of Europe Mollia securae peragebant otia Gentes The Court never so glorious the Gentry no where more gallant the Citizens so abounding with Treasure Bullion and Buildings that no Age can parallel Commerce inward and outward never at that height before the Custome increasing to admiration the Narrow Seas never better guarded with braver Ships nor the Navy Royal for number of Vessels and Magazine the Vniversity replenished with learned men and for the Church among all the Reformed she was esteemed as in truth she was justly stiled the Church Triumphant And Ireland was arrived almost to the like degree of prospertiy All the Arrerages of the Crown were paid there without a Penny sent from hence for some years past to maintain that standing Army Traffique there to that
your Sacred Majesty they humbly present unto your Princely and pious consideration the several and pressing grievances viz. 1. The great and unusual Impositions upon Merchandize exported and imported 2. The urging and levying of Ship mony notwithstanding which both Merchants their goods and Ships have been destroyed by Turks and Pyrates 3. The multitude of Monopolies Patents and Warrants whereby trade is decayed 4. The Innovations in matters of Religion the Oath and Canons newly imposed by the late Convocation whereby your petitioners are in danger to be deprived of their Ministery 5. The concourse of Papists and their habitation in London and the suburbs whereby they have more means and opportuâ—ities of plotting and executing their designes against the Religion established 6. The sudden calling and sudden dissolution of Parliaments without addressing of the subjects grievances 7. The imprisonment of divers Citizens for not paying Ship-mony and other impositions and the prosecution of others in the Star-Chamber for non conformity to commands in Patents and Monopolies whereby trade is restrained 8. The great dangers your Sacred Person is exposed unto in the present war and the various fears that have seized your petitioners and their families by reason thereof which grievances and fears have oâ—casioned so great a stop and destruction of Trade as neither to receive and pay as formerly and tends to the utter ruine of the Inhabitants of this City the decay of Navigation and clothing and other Manufactories of this Kingdom your petitioners humbly conceiving the said grievances to be contrary to the Laws of this Realm and finding by experience that they are not redressed by the ordinary Courts of Iustice do therefore beseech your Majesty to cause a Parliament to be summoned with all convenient speed whereby they may be relieved in the premisses The Scots proceeding hand in hand with some of the English petition also for the same in effect to call a Parliament for setling a peace between the two Nations and they had the like Answer which behoved the English to hasten for the Scots took liberty to ravage New-Castle seizing four great English Ships laden with Corn ere the masters knew who they were rifling houses and ranting every where laying a Tax of three hâ—ndred and â—ifty pounds per diem upon the Bishop of Durham and three hundred pounds upon Northumberland upon pain of plundering The day come the 24. the King salutes them thus My Lords UPon suddain Invasions where the Dangers are near and instant it hath been the custome of my Predecessors to Assemble the great Council of the Peers c. by their advice and asistants to give a timely remedie to such rules as could not admit a delay so long as must of necessity be allowed for the assembling a the Parliament This being our condition at this time and an Army of Rebells lodged within the Kingdome I thought it most fit to conform my self to the practise of my predecessors in like cases that with your advice and assistants we might joyntly proceed to the chastizement of their Insolencies and securing of our good Subjects In the first place I must let you know that I desire nothing more then to be rightly understood of my People and to that end I have of my self resolved to call a Parliament having already given order to my Lord Keeper to issue the writs instantly so that the Parliament may be assembled by the third of November next whither if my Subjects brings the like good affections that I do it shall not faile on my part to make it a happy meeting In the mean time there are two points to be considered wherein I shall desire your advice which indeed is the chief cause of your meeting first what answer to give to the petition of the Rebells and in what manner to treat with them of which that you may give a sure Iudgment I have ordered that your Lordships shall be clearly and truly informed of the State of the whole business and upon what reasons and advices that my Privy-council unanimously gave me were grounded Secondly how my Army shall be kept on foot and maintained untill your Supplies of a Parliament may be had for so long at the Scots Army remains in England I think no man will Councel me to disband mine for that would be an unspeakable loss to all this part of the Kingdome by subverting them to the greedy appetite of the Rebells besides the unspeakable dishonour that would thereby fall upon this Nation And after several meetings and debates a Messenger Mr. Bellows was sent from the King and Lords to the Scots Army to give them notice on Tuesday next that sixteen of the English Lords shall meet with as many Scots Lords at York to treat of the differences The English Lords were these Earls Bedford Essex Barkshire Holland Herford Bristow Salisbury Warwick Barons Mandevil Savile Howard Brook Paget Dunsmore Paulet Wharton But the Scots refuse the place York as not secure for their Commissioners so long as the Lieutenant of Ireland commanded there in chief who had proclaimed them Traytors in Ireland before the King had done so in England threatning to destroy their memory against whom they had matter of high complaint And so the place was named at Rippon The Scots Commissioners take exception at the Earl of Traquairs presence being no Commissioner on either side but was admitted as a person indifferent to satisfie the English concerning the former affaires in Scotland if questions should be debated The English proposed a Cessation of Arms but the Scots as they would obey his Majesties Commands not to advance so they could not return till they had the effects of their Arrand and therefore desired the way and means of subsistence in their Quarters and so the second of October they present their demands First How their Army should be maintained untill the Treaty be ended and the Peace secured Secondly if more Commissioners be required then for their safe convoy Thirdly Safe convoy for all Letters from them and the Parliament and to them Fourthly That there may be free commerce of both Kingdoms and that the Common trade of New-Castle be not hindred especially for victuals Their first Article is otherwise than their Pamphlet before expressed for there you shall have them profess to take up nothing of the people without ready mony And that failing to give Bills and Bands of debt for true payment but finding good correspondence and weak resistance they did not only spoile and plunder but enforced this first Article Indeed they were cryed up as the sons of Enoch and the English as Grashoppers though the Earl of Strafford then General desired the King that he might give them battel and as his Letters speak to the Arch Bishop of Canterbury he durst undertake upon the Perill of his head to beat them home again although now he held it not councelable as the case then stood And certainly it was generally
for never were men so idolized as these Commissioners feasted and presented by all sorts of People their Lodgings visited as a Novelty to frequent their Praying and Preaching more than ever were the Houses and Chappels of Popish Ambassadours and with more danger for here were fabricked the Petitions and Tumults which followed as you shall see hereafter And it is to be remembred that in the time of Queen Elizabeth when some Scots Commissioners came to her to settle the Differences of both Nations and had nestled themselves about Petty-France in Tuttle-fields far enough from dangerous connivance of the City Puritan in those days and there exercised their Prayers and Preaching and so increasing boldness they petition for to be allowed in publick which so startled her and her Council in fear of Innovation as that they were absolutely forbidden to pray or preach at any Meeting Tuesday the third of November the time prefixt the Parliament assemble and Master William Lenthall one of the Benchers and Readers of Lincolns Inn was elected Speaker who during their continuance near years He was a Person of known integrity and ample sufficiency for the dignity of that place through all that time of wonderfull distraction carried himself with extraordinary wisdom and judgment without blame And being set the King salutes them thus My Lords The knowledg that I have of the Scotish Subjects was the cause of my calling of the last Assembly of PARLIAMENT wherein if I had been believed I do most sincerely think that things had not fallen as we now see but it is no wonder that men are so slow to believe that so great a Sedition should be raised upon so little Ground But now my Lords and Gentlemen the honour and safety of this Kingdom lying so heavily at stake I am resolved to put my self freely upon the love and affections of my English Subjects as those of my Lords that waited on me at York very well remember I there declared Therefore my Lords I shall not mention mine own interest or that support I might justly expect from you till the common safety be secured though I must tell you I am not ashamed to say those charges I have been at have been meerly for the securing and good of this Kingdom though the success hath not been answerable to my desires Therefore I shall onely desire you to consider the best way both for the safety and security of this Kingdom wherein there are two things chiefly considerable First the chasing out of the Rebells And secondly that other in satisfying your just Grievances wherein I shall promise you to concur so heartily and clearly with you that all the World may see my intentions have ever been and shall be to make this a glorious and flourishing Kingdom There are onely two things more that I shall mention to you The one is to tell you that the Loan of Money which I lately had from the City of London wherein the Lords who waited on me at York assisted me will onely maintain my Army for two Moneths from the beginning of that time it was granted Now my Lords and Gentlemen I leave it to your consideration what dishonour and mischief it might be in case for want of Money my Army be disbanded before the Rebells be put out of this Kingdom Secondly the securing of the calamities the Northern People endure at this time and so long as the Treaty is on foot And in this I may say not onely they but all this Kingdom will suffer the harm therefore I leave this also to your consideration For the ordering of the great affairs whereof you are to treat at this time I am so confident of your love to me and that your care is such for the honour and safetie of the Kingdom that I shall freely leave to you where to begin onely this that you may the better know the state of all affairs I have commanded my Lord Keeper to give you a short and free account of those things that have happened in this interim with this Protestation that if his account be not satisfactory as it ought to be I shall whensoever you desire it give you a full and perfect account of every particular One thing more I desire of you as one of the greatest means to make this an happie PARLIAMENT that you on your parts as I on mine lay aside Suspicion one of another as I promised my Lords at York it shall not be my Fault if this be not an happie and good PARLIAMENT The Lord Keeper in pursuance of the Kings Commands summarily related all things referring to the Scotish Invasion which I shall not be nice to call Rebellion for so the King gave their Character and because ill resented by some persons of note and so intimated to the King he confirmed it to the Lords two days after My Lords I shall explain my self concerning one thing I spake the last Day I told you the Rebells were to be put out of this Kingdom It is true I must needs call them so so long as they have an Army that do invade us And although I am now under a Treaty with them and under my Great Seal do call them my Subjects and so they are too but the estate of my Affairs is briefly this It is true I did expect when I called my Lords and great ones at York to have given a gracious Answer to all your Grievances for I was in good hope by their wisdom and assistance to have made an end with that Business but I must tell you that my Subjects of Scotland did so delay them that it was not possible for me to end there therefore I can in no wise blame my Lords that were at Rippon that the Treaty was not ended but must thank them for their pains and industry And certainly had they as much power as affections I should by this time have brought these Distempers to a happy period so that now the Treaty is transported from Rippon to London where I shall conclude nothing without your knowledg and I doubt not but with your approbation for I do not desire to have this great work done in a corner but I shall lay open all the steps of this mis-understanding and causes of this great Difference between me and them and I doubt not but by your assistance I shall make them know their duty and enforce them to return whether they will or no. This whole Week was in a manâ—er spent by the Parliament in the settling of the Commissions for general Grievances wherein they had work enough made so to their hands and partly also in several set Speeches the bane of business rhetorically declaiming against them and dissecting their particulars which were made up on Munday after the ninth of November by a world of Petitions some framed I know not where but brought in by Bands of men and Troops of Horse-men from several Countreys craving redress of general Exorbitancies
both in Church and State and at the heels of them others of particular persons such who had justly though deserved the lash of the Star-chamber Council-table High-commission Court And the next day these were charily delivered to Grand Committees and divers of them enlarged out of their several Prisons to make their Complaints and the principal were those of Pryn Bastwick and Burton as before remembred To the Grievances Master Pym's Speech was complete and full that of the Lord Digbyâ—s â—s rather witty but such as they were not to trouble you with many more to the same purpose I shall here insert November the eighth they would increase this Book to a Bulk Mr. Pym's Speech TO redress grievances will not hinder but further the Kings service To take away the weights as much advantages motions as to add wings His method was first Several heads of grievances Secondly hurtfull to the King as to the People Thirdly and the remedie equally good to both of them That the King can do no wrong the Law casts it upon the Ministers The influence of Heaven conveyeth vigour into the sublunary Creatures but the malignity of all Epidemical diseases proceed from the ill affected qualities of the Earth or aire His order was to mention three grievances First Against priviledg of Parliament Secondly prejudice of Religion Thirdly Liberty of the Subjects For the first The members are free from suits to have liberty of speech a legislative Iudiciary and Consiliary power being to the boly publique as the faculties of the soule to a Man The Priviledges have been broken First In restrayning the member from speaking Secondly In forbidding the speaker to put a quâ—â—tion both of these practized in the last Parliament Thirdly by Imprisoning divers Members for matters done in Parliament Fourthly By proceedings against them therefore in the inferiour Courts Fiftly Enjoyning their good behaviour and continuance in Prison even to the death In abrupt disolution of Parliament the great grievance like the execution of a man without being heard It recâ—ives a being by the summons and a civil death by dissolution not only thereby to die but to be made Intestabiles not to make their wills their acts c. The Second Incouragement to Popery First by suspension of all Laws against them that there can be no security from Papists but in their disability Their principles incompatible with any other Religion Laws will not restrain them Oaths will not the Pope dispenseth with both and his Command acts them against the Realm in spirituals and temporals ad spiritualia Henry the third and Henry the fourth of Fraâ—ce were no Protestants yet were murthered because they tolerated reformation Secondly Their places of trust and honour in the Common-wealth 3 Their free resort to London and to the Court to comunicate their Councils and designs diving into the secrets of State Fourthly That as they have a Congregation of Cardinals at Rome for adjorning the Popes authority in England so have they a Nuncio here to the execution thereof Innovations of Religion introduced First Maintenance of Popish Tenets in books Sermons and disputations Secondly practice of Popish Ceremonies and countenanced and enjoyned as Altars Images Curcifixes bowings He comparing these to the day bones in Ezekiel which first came together then sinews and flesh came upon them afterwards the skin covered them and then breath and life was put into them so first the form then the spirit and life of Popery Thirdly Preferment of persons Popishly affected Fourthly of discouragment of Protestants by over riged prosecutions of the scrupulous for things indifferent no vice made so great as Inconformity by punishing without Law for not reading the book sunday recreations for not removing the Communion Table otherwise not comming to the Railes to receive the Communion for preaching on the Lords day after noon for catechising otherwise than as in the short Catechisme in the Commonprayer-book Fiftly And last was the Incroahment of Ecclesiastical Iurisdiction particularly First In sining and Imprisoning without Law Secondly Challenging their Iurisdiction to be appropriate to their Order jure divâ—no Thirdly contriving and publishing new Articles of visitation in force as of Canons the boldness of Bishops and all their subordinate Officers and officiats The third part of Grievances In which descoverie He observed rather the order of time when they were acted than of the consequenâ—e but when he comes after to the cure then he will perswade to begin with the most Important and first Tunnage and Poundags and the late new book of Rates taken by prerogative without grant of Paâ—liament from whence these Inconveniences follow First Mens gâ—ods are seized their suits in Law stopped Secondly Misimployments of the sums of money imposed intended for the guard of the Sea are dispersed to other uses and a new tax raised for the samâ— purpose Thirdly The burthens excessive trade hindered home Commodities abased and foraign inhaunsed by which means the stock of the Kingdome diminished especially insupportable to the poor Planters in America by the Tax upon Tobacco The Fourth general grievance Composition for Knighhood which though it refers to a former custome yet upon the same grounds the King may renew it by new sine immoderate Multiplication of distress and Issues and enforced to compound with the Commissioners Inundation of Monopolie by the soap Patent undertaken by Papists full of mischief First By Impairing the goodness and Inhaunsing the price of of Salt Soap Beer Coles Secondly under colour of which Trade was restrained to a few hands Thirdly and many illegally Imprisoned The great and unparallel grievance of ship-mony being aggravated not suspected by the Iudgment which is not grounded upon Law Custome President or Authority It being improper for a case of necessity in abounding vanity of mischiefs as First The general extent to all persons all times and the subject left remediless Secondly the arbitrary proportion without limits Thirdly Imposed by writ and disposed by instructions Improper for the office of a Sheriffe in the Inland Countries and inconvenient for the Inhabitants without rule or sutable means for the levying or mannaging of it The Inlargment of forrest beyond the bounds of the Statutes the seven and twentieth and eight and twentieth Edward 1. which perambulations then were the cause after of that famous Charter Charta de foresta and now reviving these old questions new distempers may follow the particular obliquities he numbred thus First Surreptitious proceedings as in Essex yet that verdict was inforced in other Counties and a Iudgment upon the matter after three or four hundred years quiet possession of the subject enforced to compound for great sines The selling of nusances The King as a father of the Common-wealth is to take care of the publique Commodities and advantages of the Subjects as Rivers High-waies Common-sewers by ordinary writs ad quod damnum but now by a course extrajudicial by
enforcing compositions so then if a Nusance compounded for 't is a hurt to the People if no Nusance then it is used to the parties prejudice The Commission for Buildings about London was presented as a Grievance in the time of King James now much more increased and more prejudicial The Commission for Depopulations began some few years since by both these Commissions the Subject is restraâ—red from disposing of his own demolishing their houses punishing and fining their persons so that they are still liable by Law for the King cannot licence a Nusance and although these are not Nusances yet it is an ill consequence to be compounded for and to make a President for Kings to licence such things as are Nusances indeed Military charges ought not to be laid upon the people by Warrant of the Kings hand nor by Letters of the Council-table nor by Order of the Lords Lieutenants of Counties nor their Deputies It began to be practised as a Loan for supply of Cote and Conduct-money in Queen Elizabeths time with promise to be repaid it as appears by a constant Warrant in the Exchequer and certain payments but now adays never repaid The first particular brought into a Tax was the Muster-masters Wages which being but for small Sums was generally digested yet in the last Parliament it was designed to be remedied but now there follows Pressing of Men against their wills or to finde others Secondly Provisions for publick Magazines for Pouder Spades and Pickaxes Thirdly Salary of Officers Cart-horse and Carts and such like The Extrajudicial Declarations of Judges without hearing of Council or Argument a seeming Grievance of many others Monopolies countenanced by the Council-table and the clause in their Patents of Monopoly commanding the Justices of Peace to assist them whereby the great ability of the Council receive a stain by such matters of so mean a report in the estimation of Law so ill in the apprehension of the people The High Court of Star-chamber called in the Parliament Rolls Magnâ—â— Concilium to which the Parliaments were wont to refer such matters as they had not time to determine A Court erected against Oppression A Court of Counsel and a Court of Iustice now an Instrument of erecting and defending Monopolies to set a face of publick good upon things pernicious Soap Ship-money c. This great and most eminent power of the King Edicts Proclamations called Leges temporis used heretofore to encounter with sudden and unexpected danger till the great Council of the Kingdom could be called hath of late been exercised for enjoying and maintaining Monopolies But the last and greatest Grievance lead him to step higher even as high as Heaven as high as the Throne of God his Word and Truth The ambitious and corrupt Clergy preaching down the Laws of God and Liberties of the Kingdom pretending Divine Authority and absolute power in the King to do what he will with us and this preaching is the high way to preferment as one Manwaring sentenced the last Parliament then a Doctor now a Bishop preferred for his Doctrines The Intermission of Parliaments contrary to the Statute to be called once a year the main cause therefore of all mischiefs to which Parliaments give remedy That these Grievances are hurtfull to the King as to the Subjects By interrupting their communion they have need of his general pardon and to be secured from Projectors and Informers to be freed from absolute Laws and from the subtil Devices of such who seek to restrain the Prerogative to their own private advantage and to the publick hurt And the King hath need of them for counsel and support Queen Elizabeths victorious Attempts were for the greatest part made upon the Subjects purses and not upon hers though the honour and profit was hers That these Discontents diminish the Kings reputation abroad and disadvantage his Treaties and weaken his party beyond Seas by encouraging Popery by forcing the Subjects to leave the Kingdom to the prejudice of the Kings Customs and Subsidies of divers Clothiers forced away who set up their Manufacture abroad to the hurt of the Kingdome The King hath received upon the Monopoly of Wines thirty thousand pounds Rent per annum the Vintner pays fourty shillings a Tun which comes to ninety thousand pounds the price upon the Subject by Retail is increased two pence a Quart which comes to eight pounds a Tun and for fourty five thousand Tun brought in yearly amounts to three hundred and sixty thousand pounds which is three hundred and thirty thousand pounds loss to the Kingdom above the Kings Rent Now the Remedies and removing these Grievances consists of two main Branches in declaring the Law where it is doubtfull and in provision for the execution of the Law where it was clear but these he referred to a further time but for the present he advised speedily to desire a Conference with the Lords and always to humble themselves to Gods assistance c. The Lord Digby excusing his County Dorset for whom he served not that they needed Complaints because without Petition or want of a Servant to present them boldly and therefore have intrusted those to him which he ranged into six Ranks 1. Ship-money 2. Levying of Souldiers 3. Monopolies 4. The new Canon-oath 5. Imposed upon all Ministers illegally 6. Requiring a Benevolence under penalty of Suspension Excommunication and Deprivation Thus much from them that sent him but begins from himself that sits there to have privilege and freedom of speech or to what end to speak at all where he said no more than had been told them often before somewhat too smart upon the Bishops concerning the Acts of their New Synode made of an old Convocation to presume to grant a Benevolence to the King a Malevolence in those against the Parliament and a Malevolence in the Refusers against the Bishops with a penalty of no less loss than Heaven and Earth Heaven by Excommunication Earth by Deprivation and these without Redemption or Appeal And calls the Oath a Covenant against the King for Bishops as the Scots Covenant is against the King and Bishops and in that of the other so much worse than this He could tell them of his own Counties griefs but single Laments are hardly distinguishable in universal Groans It hath been excused That what Money Kings raise from Subjects were but as Vapours drawn up by the Sun to be distilled in fructifying Showres But the Metaphor holds out unhappily to them of late years What hath been violently exhausted from the Subject by violent Attractions hath been formed into Clouds but how To darken the Sun's lustre and to light upon the Land onely in Hail-stones and Mildews to batter our Liberties and blast our affections had not the latter been kept alive by our Sovereigns perpetual virtues which will ever preserve him in spight of evil Counsellours a sacred Object of Admiration and Love
Parliament or grant them access to his Person Fifthly that their Ships and Goods and all Dammages thereof may be restored It is agreed Ian. 7. 1640. That all Ships taken and staid should be reciprocally restored on both sides And that the Scotish Commissioners having informed that about eighty Ships of Scotland are yet staid in the Ports and are like to suffer much loss if they shall not be delivered into some hands who may have care of them It is agreed that Warrants shall be presently granted for delivery of all their Ships And that four thousand pounds be presently advanced for Caulking Sails Cordage and other necessaries for helping the presenâ— setting forth of the said Ships Sixthly they desire from the justice and the kindness of the Kingdom of England Reparation concerning the Losses which the Kingdom of Scotland hath sustained and the vast Charges they have been put unto by occasion of the late Troubles That this House thinks fit that a friendly assistance and relief shall be given towards supply of the Losses of the Scots and that the Parliament did declare that they did conceive that the Sum of three hundred thousand pounds is a fit proportion for the friendly assistance and relief formerly thought fit to be given towards supply of the Losses and Necessities of their Brethren of Scotland and that the House would in due time take into consideration the manner how and the time when the same shall be raised Seventhly that as his Majesty hath approved the Acts of the late Parliament wherein all such Declarations Proclamations Books Libells and Pamphlets that have been made written and published against his loyal and dutifull Subjects of Scotland are recalled and ordered to be suppressed So his Majesty may be pleased to give order that the same may be suppressed recalled and forbidden in England and Ireland and that the loyalty integrity and faithfulness of his Majesties Subjects of Scotland towards his Majesties royal Person and Government may at the closing of this Treaty of Peace and at the time of publick Thanks-giving for the same be made known in all places and all Parish-churches of his Majesties Dominions It is agreed upon the 10. of February 1640. That all Declarations Proclamations Acts Books Libells and Pamphlets that have been made and published against the loyalty and dutifulness of his Majesties Subjects of Scotland shall be recalled suppressed and forbidden in England and Ireland And that this be reciprocal in Scotland if any such have been made or published there in prejudice of his Majesties honour And this upon diligent enquiry to be done by the Authority of Parliament next â—itting in Scotland of which the Commissioners of Scotland do promise to have an especial care And we do also agree that when it shall please Almighty God to grant an happy close of this Treaty of Peace the Loyalty of his Majesties Subjects of Scotland shall be made known at the time of publick Thanks-giving in all places and particularly in the Parish Churches of his Majesties Dominions That all Monuments Tokens and shews of Hostility upon the Borders of the two Kingdoms may be taken away That not onely the Garrisons of Barwick and Carlile may be removed but that the Works may be â—lighted and the places dismantled To the eighth Demand it is said that being offered the twelfth of this Moneth there was no Answer But there waâ—â—his Answer Die Lunae 8. Martii 1640. This house of Commons concur with their Lordships that when a peace shall be established all things reciprocally be reduced into the Termes they were before the Treaty And do agree with their Lordships that the Scotish Commissioners shall set down all their particular heads and demands at once together that so their eight Articles which they propound for establishing a peace may with all speed be concluded that being done this house shall willingly concur with their Lordships to settle all things for their just satisfaction Then comes the Scots remayning heads to the Eight Demands 1. Our desires concerning Unity in Religion and Conformity of Church Government as a special means for preserving of peace between these Kingdomes 2. That some Scotish-men of respect and intrusted by their Nation may be in place about the King Queen and the Prince 3. That none be in place about his Majesty and the Prince but such as profess the Reformed Religion 4. Concerning the manner of chusing the Councel and Sessions in Scotland 5. Naturalization declaring the capacity and mutuality of the Subjects of both Kingdomes 6. Concerning Customes in the Kings dominions and Foreign Nations 7. Concerning freedome of trade and intercourses 8. Concerning Manufactory and assessations by Sea and Land 9. Concerning Equality and course of coyn in his Majesties dominions 10. Concerning Fishing 11. An Act of Oblivion of all by gone deeds betwixt the Kingdomes of Scotland England and Ireland since the beginning of the late troubles 12. An act of Parliament for the ratifying this Treaty and Articles and establishing the means of a firm and perfect peace 13. That none of his Majesties dominions shall take Arms or invade others without consent of the Parliament of that Kingdome and after declared Peace no stopping of Trade or taking of ships or any Acts of hostility the contemners to be punished as Enemies to the State 14. That neither Scotland nor England ingage in a foreign war without mutual â—â—nsent and to assist each other against all foreign Invasions 15. Concerning the remanding of offenders or debtors in both Kingdomes 16. Concerning exacting deâ—rees and sentences 17. In either Nation authentike extracts without production of the principal warrant about the late borders and middle Marshes and that this peace may be inviolably observed Trials may be taken in the triennial Parliament of both Kingdomes of all wrongs to be done by either nation to other that the differences may be removed and some commissioners to be appointed of both Kingdomes for the conserving of peace in the Intervall of Parliaments And being required to bring in a full Accompt of their charges in writing according to their sixt Article they enlarge it unto five hundred and fourteen thousand one hundred twenty and eight pounds nine shillings c. abating only the odde pence A monstrous sum Besides what losses their Nation Nobility and Gentry have sustained which they amount unto Two hundred and twenty one thousand pounds and the neglect of their fortunes at Two hundred and twenty thousand pounds Besides the Eight hundred and fifty pounds a Moneth Contributions of the Northern Counties and besides the exhaustable Insolencies also upon them by the Scots Army All which because it may seem an impudent Account impossible to be made out upon any pretences See it in their own particulars which was set out in print if it had been possible to have made them odious to the suffering English Subjects The Scots Great Account BEsides the particular charges
pleased to assent to their Acts of Parliament including the Articles of their Assembly their Religion Laws and Liberties ratified their grievances relieved for which we use to give the King Money The Scots Remonstrance professing that they would take nothing of the English but for Money or Security But we have defrayed them hitherto and are still provided to do longer That heretofore we established their Reformation and bore our own Charges and concerning mutual restitution of Ships and Goods which now our Commissioners have fairly accommodated already As for inferential and consequential Dammages such a Representment would not administer unacceptable matter of contestation We could truly allege that Northumberland New-castle and the Bishoprick will not recover their former Estate these twenty years that the Coal-mines of New-castle will not be set right for an hundred thousand pounds besides the price of Coals doth cost this City and other parts of this Kingdom above that value in loss And much more of this nature and dammage might be justly urged They say they do not make any former Demands but yet they make their Sum appear above four hundred and fourteen thousand pounds more than ever we gave the King A portentous apparition which shews it self in a very dry time the Kings Revenue totally exhausted the Kingdom generally impoverished and yet all this supply is to be drawn out of us onely without the least help from any his Majesties other Dominions an utter draining of this Nation unless England be Puteus inexhaustus yet I shall afford what is reasonable and honourable to a convenient considerable Sum of Money that they may go off with a handsome friendly Loss if they shall reject it we shall improve our Cause It was never thought any great wisdom overmuch to trust to a succesfull Sword A man that walks upon rising ground the further he goes the more spacious his prospect success enlarges mens desires extends their ambition breeds thoughts never dreamt on before But the Scots being truly touched with Religion according to their professions that onely is able to keep their words for Religion is stronger and wiser than Reason it self But we hope of a good conclusion of the effects of all these hitherto Inconveniences to the advance of Religion King and Kingdoms But for the present to satisfie the clamour of the Scots Master Speaker was ordered to write to the City of London to advance sixty thousand pounds upon security and Assignment out of the next Subsidies to be levied and to pay in the Money to the Chamber of London which was so humbly obeyed This being but one Loan for I finde several Acquittances for the like Sum of sixty thousand pounds mentioning therein For Supply of the Kings Army and providing for the Northern Counties And so belike were issued for Supply of both Armies The Dutch Ambassadour Lieger having made Overtures of a Marriage between William young Prince of Orange and the Kings eldest Daughter the Princess Mary which he very willingly inclined to accept yet though fit as his condition stood with the Parliament to acquaint them therewith And tells the House of Lords My Lords That freedom and confidence which I expressed at the beginning of this Parliament to have of your love and fidelity towards my Person and Estate hath made me at this time come hither to acquaint you with that Alliance and Confederacy which I intend to make with the Prince of Orange and the States which before this time I did not think expedient to do because that part which I do desire your advice and assistance upon was not ready to be treated on I will not trouble you with a long digression by shewing the steps of this Treaty but leave you to be satisfied in that by those who under me do manage that Affair Onely I shall shew you the Reasons which have induced me to it and in which I expect your assistance and counsel The Considerations that have induced me to it are these First the matter of Religion here needs no Dispensation no fear that my Daughters conscience may be any way perverted Secondly I do esteem that a strict Alliance and Confederacy with the States will be as usefull to this Kingdom as that with any of my Neighbours especially considering their Affinity Neighbourhood and way of their strength And lastly which I must never forget in these occasions the use I may make of this Alliance towards the establishing of my Sister and Nephews Now to shew you in what I desire your assistance you must know that the Articles of Marriage are in a manner concluded but not to be totally ratified untill that of Alliance be ended and agreed which before I demanded your assistance I did not think fit to enter upon And that I may not leave you too much at large how to begin that Council I present you here the Propositions which are offered by me to the States Ambassadours for that intent And so my Lords I shall onely desire you to make as much expedition in your Councils as so great a Business shall require and shall leave your Lordships to your own free debate This Proposition of Alliance both with the Prince and with the United Provinces was extremely and unanimously affected by all the People and was universally embraced without Fears or Jealousies upon our Liberties or Religion and soon concluded but what resulted think you from another party Papists Plots perpetually allarming for The very next Day four Members of the Commons House bore up the Message to the Lords of a monstrous Design of the Papists an Army of fifteen thousand in Lancashire and eight thousand in Ireland and I know not how many thousands in many places well armed and in pay raised by the Earl of Strafford the Earl of Worcester and others After-ages will think these Hyperboles for though there was no such Armies possibly by them nor no such Fears by others yet this Message was sent and carried from the Lower to the Higher House and gave the occasion to the multitude of People to frame Petitions sutable to Plots and Fears and Jealousies for the Parliaments purpose The thirteenth of February one of the Ship-money Judges so nick-named Sir Robert Berkley was by a motion of the Commons accused of High-treason and by Maxwell the Black Rod taken the next day from his Seat in the Kings Bench and kept Prisoner The Bill for the Triennial Parliament having passed both Houses was confirmed with the Kings royal assent February 16. and to let them see how sensible himself was of this his great grace he thought fit to put them in minde of their gratitude of fear of their failing My Lords And you the Knights Citizens and Burgesses of the House of Commons you may remember when both Houses were with me at the Banquetting-house at White-hall I did declare unto you two Rocks I wished you to shun this is one of them and of that consequence that
fourteen days 5. That according to such his Declarations and Speeches the said Earl of Strafford did use and exercise a Power above and against and to the subversion of the Fundamental Laws and stablished Government of the said Realm of Ireland extending such his Power to the Goods Free-holds Inheritances Liberties and Lives of his Majesties Subjects of the said Realm viz. the said Earl of Strafford the twelfth day of December Anno Domini 1635. in the time of full peace did in the said Realm of Ireland give and procure to be given against the Lord Mount Norris then and yet a Peer of Ireland and then Vice-Treasurer and Receiver-general of the Realm of Ireland and one of the principal Secretaries of State and Keeper of the Privy Signet of the said Kingdom a Sentence of Death by a Council of War called together by the said Earl of Strafford without any warrant or authority of Law or offence deserving any such punishment And he the said Earl did also at Dublin within the said Realm of Ireland in the Moneth of March in the fourteenth Year of his Majesties Reign without any legal or due proceedings or trial give or cause to be given a Sentence of Death against one other of his Majesties Subjects whose name is yet unknown and caused him to be put to death in execution of the said Sentence The Earls Reply That there was then a standing Army in Ireland and Armies cannot be governed but by Martial Law that it hath been put in constant practice with former Deputies that had the Sentence been unjustly given by him the Crime could amount but to Felony at most for which he hoped he might as well expect Pardon from his Majesty as the Lord Conway and Sir Iacob Astley had for doing the like in the late Northern Army That he neither gave Sentence nor procured it against the Lord Mount Norris but onely desired justice against the Lord for some Affront done to him as he was Deputy of Ireland That the said Lord was judged by a Council of War wherein he sate bare all the time and gave no Suffrage against him that also to evidence himself a Party he caused his Brother Sir George Wentworth in regard of the nearness of Bloud to decline all acting in the Process Lastly though the Lord Mount Norris justly deserved to dy yet he obtained his Pardon from the King 6. That the said Earl of Strafford without any lâ—gal proceedings and upon a Paper-petition of Richard Rolstone did cause the said Lord Mount Norris to be disseised and put out of possession of his Free-hold and Inheritance of his Manour of Tymore in the County of Armagh in the Kingdom of Ireland the said Lord Mount Norris having been two Years before in quiet possession thereof The Earls Reply That he conceived the Lord Mount Norris was legally divested of his Possessions there being a Suit long depending in Chancery and the Plaintiff complaining of Delay he upon the Complainants Petition called unto him the Master of the Rolls Lord Chancellour and Lord Chief Justice of the Common-Pleas and upon Proofs in Chancery decreed for the Plaintiff Wherein he said he did no more than what other Deputies had done before him 7. That the said Earl of Strafford in the Term of Holy Trinity in the thirteenth Year of his now Majesties Reign did cause a case commonly called the Case of Tenures upon defective Tiâ—les to be made and drawn up without any Iury or Trial or other legal Process and without the consent of Parties and did then procure the Iudges of the said Realm of Ireland to deliver their Opinions and Resolutions to that Case and by colour of such Opinions did without any legal proceeding cause Thomas Lord Dillon a Peer of the said Realm of Ireland to be put out of possession of divers Lands and Tenements being his Free-hold in the County of Mago and Rosecomen in the said Kingdom and divers others of his Majesties Subjects to be also put out of possession and disseised of their Free-hold by colour of the same resolution without legal proceedings whereby many hundreds of his Majesties Subjects were undone and their Families â—tterly rained The Earls Reply That the Lord Dillon with others producing his Patent according to a Proclamation on the behalf of his Majesty the said Patent was questionable upon which a Case was drawn and argued by Council and the Judges delivered their Opinions But the Lord Dillon or any other was not bound thereby nor put out of their Possessions but might have traverst the Office or otherwise have legally proceeded notwithstanding the said Opinion 8. That the said Earl of Strafford upon a Petition exhibited in October 1635. by Thomas Hibbots against Dame Mary Hibbots widow to him the said Earl of Strafford recommended the said Petition to the Counsel Table of Ireland where the most part of the Counsel gave their vote and opinion for the said Lady but the said Earl finding fault herewith caused an order to be entered against the said Lady and threatned her that if she refused to submit thereunto he would imprison her and fine her five hundred pound that if she continued obstinate he would continue her imprisonment and double her fine every month by month whereof she was enforced to relinquish her estate in the Land questioned in the said Petition which shortly was conveyed to Sir Robert Meredeth to the use of the said Earl of Strafford And the said Earl in like manner did imprison divers others of his Majesties subjects upon pretence of disobedience to his orders and decrees and other illegal commands by him made for pretended debts titles of Lands and other causes in an arbitrary and extrajudicial course upon paper Petitions to him preferred and no other cause legally depending The Earls Reply That true it is he had voted against the Lady Hibbots and thought he had reason so to do the said Lady being discovered by Fraud and Circumvention to have bargained for Lands of a great value for a small Sum. And he denied that the said Lands were after sold to his use or that the major part of the Council-board voted for the Lady the contrary appearing by the Sentence under the Hand of the Clerk of the Council which being true he might well threaten her with Commitment in case she disobeyed the said Order Lastly were it true that he were criminal therein yet were the Offeâ—ce but a Misdemeanour no Treason 9. That the said Earl of Strafford the 16. day of Feb. in the 12. year of his now Majesties reign assuming to himself a power above and against Law took upon him by a general Warrant under his hand to give power to the Lord Bishop of Down and Connor his Chancellor or Chancellors and their several officers thereto to be appointed to attach and arrest the Bodies of all such of the meaner and poorer sort who after citation should either refuse to appear before them or appearing should
proclamations viz. one dated the one and twentieth day of May in the eleventh of his Majesties reign and the other dated the one and thirtieth day of January in the same year thereby prescribing and enjoyning the working of Flax into Yarn and Thread and the ordering of the same in such wayes wherein the Natives of that Kingdome were unpractised and unskilful which proclamations so issued were by his Commands and Warrants to his Majesties Iustices of peace and other Officers and by other rigorous means put in execution and the Flax wrought or ordered in other manner than as the said proclamation prescribed was seized and employed to the use of him and his agents and thereby the said Earl endeavoured to gain and did gain in effect the sole sale of that native commodity The Earls Reply That he did endeavour to advance the Manufacture of Linnen rather than of Woollen because the last would be the greater detriment to England That the Primate of Ireland the Arch-bishop of Dublin Chancellour Loftus and the Lord Mount Norris all or the Council and Subscribers of the Proclamation were as liable to the Charge as himself That the reducing of that Nation by Orders of the Council-board to the English Customes from their more savage usages as drawing Hoâ—ses by their tails c. had been of former practise that the Project was of so ill avail to him as he was the worse for the Manufacture thirty thousand pounds at least by the Loom he had set up at his own charge The Fourteenth Article was not urged 15. That the said Earl of Strafford traiterously and wickedly devised and contrived by force of Armes in a warlike manner to subdue the Subjects of the said Realm of Ireland to bring them under his tyrannical power and will and in pursuance of his wicked and trayterous purposes aforesaid the said Earl of Strafford in the eighth year of his Majesties reign did by his own authority without any warrant or colour of Law tax and impose great sums of money upon the Townes of Baltemore Bandenbridge Talowe and divers other Townes and places in the said Realm of Ireland and did cause the same to be levied upon the Inhabitants of those Towns by Troops of Souldiers with force and arms in a warlike manner And on the ninth day of March in the twelfth year of his now Majesties reign trayterously did give authority unto Robert Savill a Serjeant at armes and to the Captains of the companies of Souldiers in several parts of that Realm to send such numbers of Souldiers to lie on the Lands and Houses of such as would not conform to his orders until they should render obedience to his said orders and warrants and after such submission and not before the said Souldiers to return to their Garrisons And did also issue the like warrants unto divers others which warrants were in warlike manner with force and Arms put in execution accordingly and by such warlike means did force divers of his Majesties Subjects of that Realm to submit themselves to his unlawful commands And in the said twelfth year of his Majesties reign the said Earl of Strafford did trayterously cause certain troops of horse and foot armed in warlike manner and in warlike array with force and armes to expel Richard Butler from the possession of Castle-cumber in the Territory of Idough in the said realm of Ireland and did likewise and in like warlike manner expel divers of his Majesties Subjects from their houses families and possessions as namely Edward Brenman Owen Oberman Patrick Oberman Sir Cyprian Horsfield and divers others to the number of about a hundred families and took and imprisoned them and their wives and carried them prisoners to Dublin and there detained them until they did yield up surrender or release their respective estates and rights And the said Earl in like warlike manner hath during his Government of the said Kingdom of Ireland subdued divers others of his Majesties Subjects â—ase to his will and thereby and by the means aforesaid hath levied war within the said Realm against his Majesty and his liege people of that Kingdom Testified by Serjeant Savil. The Earls Reply That nothing hath been more ordinary in Ireland than for the Governours to put all manner of Sentences in execution by the help of Souldiers that Grandison Falkland Chichester and other Deputies frequently did it Sir Arthur Teningham to this point deposed that in Falkland 's time he knew twenty Souldiers assessed upon one man for refusing to pay sixteen shillings That his Instructions for executing his Commission were the same with those formerly given to the Lord Falkland and that in both there is express warrant for it That no Testimony produced against him doth evidently prove he gave any Warrant to that effect and that Serjeant Savil shewed onely the Copy of a Warrant not the Original it self which he conceived could not make Faith in Case of Life and Death in that high Court especially it being not averred upon Oath to agree with the Original which should be upon Record That he conceived he was for an Irish Custome to be tried by the Peers of that Kingdom 16. That the said Earl of Strafford the two and twentieth of February in the seventh year of his now Majesties reign intending to oppress the said Subjects of Ireland did make a proposition and obtained from his Majesty an allowance that no complaint of injustice or oppression done in Ireland should be received in England against any unless it first appeared that the party made first his address to him the said Earl and the said Earl having by such usurped tyrannical and exorbitant power expressed in the former Articles destroyed the Peers and other Subjects of that Kingdom of Ireland in their lives consciences land liberties and estates the said Earl to the intent the better to maintain and strengthen his power and to bring the people into a disaffection of his Majesty as aforesaid did use his Majesties name in the execution of his said power And to prevent the Subjects of that Realm of all means of complaints to his Majesty and of redress against him and his agents did issue a Proclamation bearing date the seventeenth day of September in the eleventh year of his Majesties Reign thereby commanding all the Nobility undertakers and others who held estates and offices in the said Kingdom except such as were imployed in his Majesties service or attending in England by his special command to make their personal residence in the said Kingdom of Ireland and not to depart thence without licence of himself And the said Earl hath since issued other Proclamations to the same purpose by means whereof the subjects of the said Realm are restrained from seeking relief against the oppressions of the said Earl without his license which Proclamation the said Earl hath by several rigorous waies as by fine imprisonment and otherwise put in execution on his Majesties subjects as namely one Parry and
others who came over only to complain of the exorbitances and oppressions of the said Earl Testified by the Earl of Desmond the Lord Roch Marcattee and Parry The Earls Reply That the Deputy Falkland had set out the same Proclamation That the same Restraâ—nt was contained in the Statute of 25 of Henry 6. upon which the Proclamation was founded That he had the Kings express Warrant for the Proclamation That he had also power to do it by the Commission granted him and that the Lords of the Council and three Justices not onely yielded but pressed him unto it That it was done upon just cause for had the Ports been open divers would have taken liberty to go to Spain to Doway Rhemes or Saint Omers which might have prooved of mischievous consequence to the State That the Earl of D' Esmond stood at the time of his Restraint charged with Treason before the Council of Ireland for practising against the Life of one Sir Valentine Coke That the Lord Roch was then a Prisoner for Debt in the Castle of Dublin and therefore incapable of a Licence That Par ry was not sined for coming over without Licence but for several Contempts against the Council-board in Ireland and that in his Sentence he had but onely a casting Voice as the Lord Keeper in the Star chamber The Seventeenth and Eighteenth Articles were not insisted upon 19. That the said Earl having taxed and levyed the said impositions and raised the said Monopolies and committed the said oppressions in his Majesties name and as by his Majesties Royal command he the said Earl in May the fifteenth year of his Majesties reign did of his own authority contrive and frame a new and unusual oath by the purport whereof among many other things the party taking the said oath was to swear that he should not protest against any of his Majesties Royal commands but submit themselves in all obedience thereunto Which oath he so contrived to enforce the same on the subjects of the Sâ—oâ—ish Nation inhabiting in Ireland and out of a hatred to the said Nation and to put them to a discontent with his Majesty and his Government there and compelled divers of his Majesties said subjects there to take the said oath some he grievously fined and imprisoned and others he destroyed and exiled and namely the 10. of October Ann. Dom. 1639. he fined Henry Steward and his wife who refused to take the said oath five thousand pounds a peece and their two daughters and James Gray three thousand pounds a peece and imprisoned them for not paying the said fines The said Henry Stewards wife and daughters and James Gray being the Kings liege people of the Scotish Nation and divers others he used in the like manner and the said Earl upon that occasion did declare that the said oath did not only oblige them in point of allegiance to his Majesty and acknowledgement of his supremacy only but to the Ceremonies and Government of the Church established or to be established by his Majesties royal Authority and said that the refusers to obey he would prosecute to the bloud The Earls Reply That the Oath was not violently enjoyned by him upon the Irish Scots but framed in compliance with their own express Petition which Petition is owned in the Proclamation as the main Impulsive to it That the same Oath not long after was prescribed by the Council of England That he had a Letter under his Majesties own hand ordering it to be prescribed as a Touch-stone of their Fidelity As to the greatness of the Fine imposed upon Steward and others he conceived it was not more than the heinousness of their offence deserved yet had they petitioned and submitted the next day that would wholly have been remitted 20. That the said Earl in the fifteenth and sixteenth Years of his Majesties Reign and divers Years past laboured and endeavoured to beget in his Majestie an ill opinion of his Subjects namely those of the Scotish Nation and divers and sundry times and especially since the Pacification made by his Majestie with his said Subjects of Scotland in Summer in the fifteenth Year of his Majesties Reign he the said Earl did labour and endeavour to perswade incite and provoke his Majesty to an Offensive War against his said Subjects of the Scotish Nation and the said Earl by his counsel actions and endeavours hath been and is a chief Incendiary of the War and Discord between his Majesty and his Subjects of England and the said Subjects of Scotland and hath declared and advised his Majesty that the Demand made by the Scots in this Parliament were a sufficient cause of War against them The said Earl having formerly expressed the height and rancour of his minde towards his Subjects of the Scotish Nation viz. the tenth Day of October in the fifteenth Year of his Majesties Reign he said that the Nation of the Scots were Rebells and Traitours and he being then about to come to England he then further said that if it pleased his Master meaning his Majesty to send him back again he would root out of the said Kingdom meaning the Kingdom of Ireland the Scotish Nation both Root and Branch Some Lords and others who had taken the said Oath in the precedent Article onely excepted And the said Earl hath caused divers of the said Ships and Goods of the Scots to be staied seized and molested to the intent to set on the said War The Earls Reply That he called all the Scotish Nation Traitours and Rebells no one proof is produced and though he is hasty in speech yet was he never so defective of reason as to speak so like a mad man for he knew well his Majesty was a Native of that Kingdom and was confident many of that Nation were of as heroick spirits and as faithfull and loyal Subjects as any the King had As to the other words of rooting out the Scots both Root and Branch he conceives a short Reply may serve they being proved by a single â—estimony onely which can make no sufficient faith in case of Life Again the Witness was very much mistaken if not worse for he deposeth that these words were spoken the tenth day of October in Ireland whereas he was able to evidence he was at that time in England and had been so near a Moneth before The one and twentieth and two and twentieth Artâ—cles were not urged 23. That upon the thirteenth Day of April last the Parliament of England met and the Commons House then being the Representative Body of all the Commons in the Kingdom did according to the trust reposed in them enter into Debate and Consideration of the great Grievances of this Kingdom both in respect of Religion and the publick Libertie of the Kingdom and his Majestie referring chiefly to the said Earl of Strafford and the Arch-bishop of Canterbury the ordering and disposing of all matters concerning the Parliament he the said Earl of
to his Son Sir Harry Vane a Key to fetch some Papers out of a Cabiner in which he findes another Key to an inward Shutter which he opens and lighted upon these Notes who forthwith shews them to Master Pym and that afternoon occasioned a Conference with the Lords to whom he urges the Commons former Request that the Earl might answer to new Proofs referring to the three and twentieth Article and were grounded upon these Notes which he then produced and that the Commons desired that the Earl might answer to them the next Day at the Bar in Westminster-hall which was granted April the thirteenth he appeared and the Notes were read upon this ground No danger of a War with Scotland if Offensive not Defensive Then their several Opinions which he collected in brief with Nominal Letters for each Counsellours Name thus K. C. H. How can we undertake Offensive War if we have no more money L. L. IR. Borrow of the City an hundred thousand pounds Go on vigorously to levy Ship-money Your Majesty having tried the affections of your People you are absolved and loose from all Rules of Government and to do what power will admit Your Majesty hath tried all ways and being refused shall be aquitted before God and Man and you have an Army in Ireland that you may imploy to reduce this Kingdom to obedience for I am confident the Scots cannot hold out five Moneths L. Arch. You have tried all ways and have always been denied it is now lawfull to take it by force L. Cot. Leagues abroad there may be made for the defence of the Kingdom The Lower House are weary of the King and Church All ways shall be just to raise Moneys in this inevitable necessity and are to be used being lawfull L. Arch. For an Offensive not any Defensive War L. L. Ir. The Town is full of Lords put the Commission of Array on foot and if any of them stir we will make them smart The Earls Reply That being a Privy-counsellour he conceived he might have the freedom to vote with others his opinion being as the Exigent required it would be hard measure for Opinions resulting from such Debates to be prosecuted under the notion of Treason And for the main hint suggested from his words The King had an Army in Ireland which he might imploy here to reduce this Kingdom He answereth That it is proved by the single Testimony of one Man Secretary Vane not being of validity in Law to create Faith in a Case of Debt much lesse in Life and Death That the Secretaries Deposition was very dubious for upon two Examinations he could not remember any such words And the third time his Testimonie was various but that I should speak such words or the like and words may be very like in sound but differ in sense as in the words of my charge here for there and that for this puts an end to the Controversie There were present at this Debate but eight Privy-counsellours in all two are not to be produced the Arch-bishop and Windebank but Sir Harry Vane affirms the words I deny them then there remain four for further evidence viz. the Marquis Hamilton the Earl of Northumberland the Lord Treasurer and the Lord Cottington who have all declared upon their Honours that they never heard me speak those words nay nor the like Lastly suppose though I granted it not that I spake those words yet cannot the word this rationally imply England because the Debate was not cerning Scotland as is yielded on all hands because England was not out of the way of obedience as the Earl of Clare well observed and because there was never any the least intention of landing the Irish Army in England as the aforesaid Lords of the Privy-council are able to attest And having done the Lord High Steward asked him if he had any more to say in his own defence for the Court was willing to prepare matters for Judgment To which he made a summary Repetition of his several Defences And having ended he spake thus My Lords THere remaines another kind of Treason that I should be guilty of for endeavouring to subvert the Fundamental Laws of the Land That this should be Treason together that is not Treason in one part a Treason accumulative that when all will not do it alone being weaved up with others it should do it seems very strange Under favour my Lords I conceive there is neither Statute nor Common Law which doth declare this endevouring to subvert the Fundamental Laws of the Land to be high Treason for I have been diligent in the inquiry as you know it deeply concerns me and could never discover it It is hard to be questioned for life and honour upon a Law that cannot be shewn for it is a rule in Sir Edward Coke De non apparentibus non existentibus eadem est ratio Ihesu Where hath this fire lain hid so many hundreds of years without smoak to discover it till it thus burst forth to consume me and my children That punishment should precede promulgation of a law to be punished by a law subsequent to the Fact is extreme hard what man can be safe if this be admitted My Lords it is hard in another respect that there should be no token set by which we should know this offence no admonition by which we should avoid it If a man pass the Thames in a boat and split himself upon an Anchor and no Buoy be floting to discover it he who â—weth the Anchor shall make satisfaction but if a Buoy 〈◊〉 sot there every man passeth upon his own peril Now where is this mark where the token upon this Crime to declare it to be high Treason My Lords be pleased to give that regard to the Peerage of England as never to expose your selves to such moot-points such constructive interpretations of Laws If there must be a tryal of wits let the subject matter be of somewhat else than the lives and honours of Peers It will be wisdome for your selves for your posterity and for the whole Kingdom to cast into the fire these bloudy and mysterious volumes of constructive and arbitrary Treason as the Primitive Christians did their Books of curious Arts and betake your selves to the plain letter of the Law and Statute that telleth us what is and what is not Treason without being more ambitious to be more learned in the art of Killing than our fore-fathers It is now full 240. years since any man was touched for this alleged Crime to this height before my self let us not awaken these sleeping Lyons to our destruction by taking up a few musty Records that have lain by the walls so many ages forgotten or neglected May your Lordships please not to add this to my other misfortunes for my other sins be-slave me not for Treason Let not a president be desired from me so disadvantagious as this will be in the consequence to the whole Kingdom
of England and Ireland and to introduce an Arbitrary and Tyrannical Goverment against Law in the said Kingdoms and for exercising a tyrannous and exorbitant Power over and against the Laws of the said Kingdoms over the Liberties Estates and Laws of his Majesties Subjects and likewise for having by his own Authority commanded the laying and assessing of Souldiers upon his Majesties Subjects in Ireland against their consent to compell them to obey his unlawfull Commands and Orders made upon Paper-petitions in Causes between party and party which accordingly was executed upon divers of his Majesties Subjects in a warlike manner within the said Realm of Ireland and in so doing did levy War against the Kings Majesty and his Liege-people in that Kingdom And also for that he upon the unhappy Dissolution of the last Parliament did slander the House of Commons to his Majesty and did counsel and advise his Majesty that he was loose and absolved from Rules of Government and that he had an Army in Ireland which he might imploy to reduce this Kingdome for which he deserves to undergo the paines and Forfeitures of high Treason And the said Earl hath been also an Incendiary of the wars between the two Kingdoms of England and Scotland all which offences have been sufficiently proved against the said Earl upon his Impeachment Be it therefore Enacted by the Kings most excellent Majesty and by the Lords and Commons in this present Parliament assembled and by â—â—thority of the same that the said Earl of Strafford for the hainous crimes and offences aforesaid stand and be adjudged and attainted of high Treason and shall suffer such pain of death and incur the Forfeitures of his Goods and Cattels Lands Tenements and hereditaments of any estate of freehold or Inheritance in the said Kingdomes of England and Ireland which the said Earl or any other to his use or in trust for him have or had the day of the first sitting of this present Parliament or at any time since Provided that no Iudge or Iudges Iustice or Iustices whatsoever shall adjudge or interpret any Act or thing to be Treason nor hear or determine any Treason nor in any other manner than he or they should or ought to have done before the making of this Act and as if this Act had never been had or made Serving alwaies unto all and singular persons and bodies politique and corporal their Heirs and successors other than the said Earl and his Heirs and such as claim by from or under him all such right title and Interests of in and to all and singular such of the said Lands Tenements and Hereditaments as he they or any of them had before the first day of this present Parliament any thing herein contained to the contrary notwithstanding Provided that the passing of this present Act and his Majesties assent thereunto shall not be any determination of this present sessions of Parliament and all Bills and matters whatsoever depending in Parliament and not fully enacted and determined And all Statutes and Acts of Parliament which have their continuance until the end of this present session of Parliament shall remain continue and be in force as if this Act had not been This Bill of Attainder being read opened and affirmed by sundry Presidents and Acts of Parliament might no doubt remove the misty cloud of the Peers understanding And therefore the next day the heat of that house appeared towards his destruction contrary to the Kings conscience whose Judgement was that he deserved relief And to that end the first of May he called both Houses together and to them he opened himself for the Earls defence thus My Lords and Gentlemen I had no intention to have spoken to you of this business to day which is the great business of the Earl of Strafford because I would do nothing which might hinder your occasions But now it comes to pass that I must of necessity have past in the judgment I think it most necâ—ssary to declare my conscience therein I am sure you know I have been present at the hearing of this great cause from one end to the other and I must tell you that in my conscience I cannot condemn him of high Treason It is not fit for me to argue this business I am sure you will not expect it a positive Doctrine best becomes the mouth of a Prince yet must I tell you three truths which I am sure no man can tell so well as myself First That I had never any intention of bringing over the Irish Army into England nor ever was advised by any body so to do Secondly That there was never any debate before me either in publique Councel or private Committee of the disloyalty of my English subjects nor ever had I any suspicion of them Thirdly That I was never counselled by any to alter the least of any of the Laws of England much less to alter all the Laws Nay I tell you this I think no body durst ever be so impudent as to move me to it For if they had I should have made them such an example and put such a mark upon them that all posterity should know my intentions by it they being ever to govern by the Law and no otherwise I desire rightly to be understood for though I tell you in my conscience I cannot condemn him of high Treason yet cannot I clear him of misdemeanours therefore I hope you may find out a way to satisfie justice and your own fears and not oppress my conscience My Lords I hope you know what a tender conscience is and I must declare unto you that to satisfie my people I would do great matters but in this of conscience neither fear nor any other respect whatsoever shall ever make me goe against it Certainly I have not deserved so ill of this Parliament at this time that they should press me in this tender point therefore I cannot suspect you will go about it Nay I must confess for mis-demeanours I am so clear in them that though I will not chalk out the way yet I will shew you that I think my Lord of Strafford is not fit hereafter to serve me or the Common-wealth in any place of trust no not so much as a Constable Therefore I leave it to you my Lords to find out some such way as to bring me out of this straight and keep your selves and the Kingdome from such inconveniences So then in effect he tells them of his presence at the hearing of that great cause from one end to the other and that positively in his conscience he cannot condemn him of High Treason but could not clear him of misdemeanours and he hoped that they might finde out a way to satisfie Justice and their own fears and not to oppress the Kings conscience which neither fear nor any other respect whatsoever should make him go against it and leaves them the way to bring him out of this straight This
valor for a wise man to set himself against the breaking in of a Sea which to resist at present threatens imminent danger but to withâ—draw gives it space to spend its fury and gaines a fitter time to repair the breach Certainly a Gallant man had rather fight to great disadvantages for number and place in the field in an orderly waie then skuffle with an undisciplined rabble Som suspected and affirmed that I meditated a War when I went from White-hall onelie to redeem My Person and Conscience from violence God knows I did not then think of a War Nor will any prudent man conceive that I would by so many former and some after-Acts have so much weakned My self If I had purposed to engage in a War which to decline by all means I denied My self in so manie particulars T is evident I had then no Army to flie unto for protection or vindication Who can blame Me or any other for with-drawing our selves from the daily baitings of the Tumults not knowing whether their furie and discontent might not flie so high as to worrie and tear those in pieces whom as yet they but plaied with in their paws God who is My sole Iudge is My Witness in Heaven that I never bad anie thoughts of going from my House at White-hall If I could have had but anie reasonable fair Quarter I was resolved to bear much and did so but I did not think My self bound to prostitute the Majesty of My place and Person the safetie of My Wife and Children to those who are prone to insult most when they have objects and opportunitie most capable of their rudeness and petulancie But this business of the Tumults whereof some have given already an account to God others yet living know themselves desperately guilty Time and the guilt of many hath so smothered up and buried that I think it best to leave it as it is onely I believe the just Avenger of all disorders will in time make those men and that City see their sin in the glass of their punishment T is more then an even-laie that they may one daie see themselves punished by that waie they offended Had this Parliament as it was in its first election and Constitution sate full and free the Members of both Houses being left to their freedom of Voteing as in all reason honor and Religion they should have been I doubt not but things would have been so carried as would have given no less content to all good men then they wished or expected For I was resolved to hear reason in all things and to consent to it so far as I could comprehend it but as Swine are to Gardens and orderly Plantations so are Tumults to Parliaments and Plebeian concourses to publique Councils turning all into disorders and sordid confusions I am prone somtimes to think That had I called this Parliament to any other place in England as I might opportunely enough have don the said consequences in all likelihood with Gods blessing might have been prevented A Parliament would have been welcom in any place no place afforded such confluence of various and vitious humors as that where it was unhappily convened But we must leave all to God who orders our disorders and magnifies his wisdome most when our follies and miseries are most discovered And with these Mutinies comes the Intimation of some practises in the North to distract the English Army the occasions you shall hear of hereafter But it gave â—ewel to the fiery faction and to the Parliament to fall into debate about a general National Protestation To maintain and defend with my life power and estate the true reformed Protestant Religion expressed in the doctrine of the Church of England against all popery and popish Innovations within this Realm contrary to the same doctrine his Majesties person Honour and estate The power of Parliament the lawful rights and Liberties of the subject and every person that maketh this protestation whatsoever he shall do in the lawfull pursuance of the same the third of May. This being too general in these words The true Reformed Protestant Religion c. They were explained by an ordinance to be only The publique doctrine professed in the Church of England so far as it is opposite to Popery and Popish Innovations and not to the maintaining any form of worship discipline or Government nor any Rites or Ceremonies of the Church of England the fifth of May And so it was taken by the Commons House the next day by the Lords and ordered to be taken by all the people of England Hereby it appears that they meant to question the discipline of the Church which they did They had no better way to qualifie the Kings discontent than to raise him some mony for the satisfying of high accounts which the Kingdom stood charged withall two Armies now on foot craving their pay And therefore a cunning Knight of Lancashire offered to procure his Majesty 650000. l. until such time as the subsidies should be raised with this declaration Provided that the King would pass a Bill not to adjourn the Parliament nor Prorogue it nor disolve it without the consent of both Houses to indure until the Greivances of this Kingdom were redressed And so complaints arising like Hidra's head never to have thereby any end yet to colour it they fell upon a great debate thereof but instantly order was given to draw up a Bill in pursuance of it And the Lords another way busie to lay a side the Bill of the Earls Attainder because it brought in the King as a Judge and so fell upon the several Articles of his Accusation resolving to send them to the Commons the next day with their Resolution when aâ—mongst forty five Lords twenty six of them voted him guilty of High Treason upon the fifteenth Article for Levying monies in Ireland by force in a warlike manner And upon the nineteenth for Imposing an Oath upon the subjects in Ireland which was for distinction of the Scots Covenanters as you have heard heretofore And so both these Bills of an everlasting Parliament and of the Attainder being compleated a conference was had of both Houses the next day after and some Lords dispatched to the King to request his answer who tells them That on Munday Following he would satisfie them I conceive it convenient in more particular to clear two mistakes of our Authors concerning The Articles of Ireland and the death of the Earl of Strafford reflecting upon the late most Reverend Prelate the Arch Bishop of Armagh Primate of all Ireland whilest he was living and worse pursued since his decease somewhat too sharp also on Dr. Barnard Herein I take leave in cool blood to interpose those Animadversions being intrusted therein by Command of the deceased Prelate Under whose hand writing and others also much of the matter is made evident to rectifie misunderstandings Intentionally thereby to end disputes The Historian takes
Covent-garden when a Messenger coming to him from his Majesty he answered that he was then as he saw imployed in Gods service which as soon as he had done he would attend upon the King to understand his pleasure But the King spending the whole After-noon in the serious debate of the Earl of Strafford's case with the Lords of the Council and the Iudges of the Land he could not before Evening be admitted to his Majesties presence when the Question was again agitated Whether the King in justice might pass the Bill of Attainder against the Earl of Strafford For that he might shew mercy to him was no question at all no man doubting but that the King without any scruple of conscience might have granted him pardon if other reasons of State in which the Bishops were neither made Iudges nor Advisers did not hinder him the whole result therefore of the determination of the Bishops was to this effect That herein the Matter of Fact and the Matter of Law were to be distinguished that of the Fact he himself might make a Iudgment having been present at all the proceedings against the said Lord where if upon the hearing of the allegations on either side he did not coâ—ceive him guilty of the crime wherewith he was charged he could not in justice condemn him But for the Matter of Law what was Treason and what was not he was to rest in the Opinion of the Iudges whose office it was to declare the Law and who were sworn therein to carry themselves indifferently betwixt him and his Subjects which gave his Majesty occasion to complain of the bad dealing of the Iudges with him not long before that having earnestly pressed them to declare in particular what point of the Earls charge they adjudged to be Treason for as much as upon the hearing of the proof produced he might in his conscience perhaps finde him guiltless of that Fact he could not by any means draw them to name any particular but that upon the whole matter Treason might justly be charged upon him And in the second Meeting at night it was observed that the Bishop of London spake nothing at all and the Bishop of Lincoln not onely spake but sent a Writing into the Kings hands wherein what was contained the rest of his Brethren knew not So much writes the Arch-bishop Some of these passages are dispersed in the Observatour observed but not credited by the Authour of the Observatour rescued receiving it onely upon the Historians bare affirmation but by this Testimony it may be hoped he will be of more moderation notwithstanding he hath there shewn much disaffection to the Primate in endeavouring to his utmost to evade divers of those particulars either in giving the worst sense of them or turning them to other ends wherein he doth not onely obscurely fall upon this reverend Primate but injuriously detracts from a very worthy man Doctour Potter Bishop of Carlile and that after his death Dr. Cosens hath given him a better Example who heaâ—ing in France of the Primate's Funeral and what had been then said of this subject writes thus to his Friend I am glad to hear my Lord of Armagh was carried with so much honour to his Grave who yet deserved far more than was given him I never believed that he perswaded the King to put the Deputy of Ireland to death for he satisfied me against the common Report in that matter long since himself the world will hereafter know who it was c. Neither do I finde any thing in the late Kings Book in that Meditation as followeth concerning the Earl of Strafford that hath any such necessary inference that way either as to him or any of his Profession And for the note put upon the person to be one that had been harrased and crushed by the people I see not how it might be appliable to him his loss being by that Rebellion in Ireland and by the Parliament here he had an Allowance and had more esteem from â—â—em than others of his Profession What the Observatour took upon trust in some mistaken Notes given him of Doctour Bernard's Sermon concerning this subject â—â—er the spending some sharp language upon him he puts afterwards into Errata of Advertisements and Additions and so I pass it over So then thus far we may be satisfied There were but four Bishops at the first London Lincoln Durham and Carlile and at night five Bishops the Arch-bishop of Armagh making one the judgment of the Judges and the opinion of the Bishops formerly set down answer in effect to the controverted Disputes But it seems from all the Controversions to be thus concluded that the Kings former promise to save the Earl was at last and that absolutely the Kings desire to be satisfied therein whereupon say I the Bishop of Lincoln finding the Kings pulse to beat upon that string and knowing that four days before not that morning the Earl had writ a long Letter to the King concluding to solve his Majesty from that promise this Bishop Lincoln took upon him to tell the King that morning when Armagh was not present that if that were all he was confident that the Earl was so great a Lover of his Majesties peace and tender of his conscience and the Kingdoms safety as willingly to acquit the King of that promise To which the King gave a brow of anger as if thereby to be ensnared and so the four Bishops parted Upon this Lincoln in private speaks with the Lieutenant of the Tower or rather some other person who was at hand waiting the Kings pleasure and cunningly relates to him so much of the morning conference and the mâ—â—ner as might suit with his purpose that nothing stuck with his Majâ—sty but his promise to the Earl and that under his hand So then says he if when my Lord Strafford sendeth to you and asketh what is done concerning him you may acquaint him therewith I know the Earl of Strafford Lord Lieutenant of Ireland will disdain to hold his life upon no other merit but a bare promise and if all the service he hath done be not a stronger obligation than a few words he will I dare say to try the Kings affection soon acquit him of that promise And as the Devil and he would have it so it happened for the throbbing Prisoner inquisitive concerning his doom the Lieutenant or the other person told him that the King was satisfied of his guilt in Law and was onely bound up by his promise to your Lordship At which the Earl started up out of his Chair immediately calls for Pen and Paper Nay said he if that be all that bindes the King I shall soon release him and presently fell to writing say some that short Letter that same morning which the Historian pag. 257. minceth into a particle of the whole and begins â—â—at the last Paragraph in these words SIR To set your Majesty c. But I say otherwise
for that Letter which he means was 〈◊〉 five days before Yet the Earl intending to say more than had been writ in some passion he cast away the Pen and out of his Cabinet drew that Paper-promise under the Kings hand intrusting it to the Lieutenant or to that other person for the King whether sealed up or open I cannot say and this is the Paper which the Primate doth mention that Lincoln put into the Kings hand But the Letter before spoken of was very long and written to the KIng upon the Citizens Tumult at Westminster And it was thus May it please your Majesty It hath been my greatest grief in all these Troubles to be taken as a person which should endeavour to represent and set things amiss between your Majesty and your People and to give Councils tending to the disquiet of the three Kingdoms Most true it is that this mine own private condition considered it had been a great madness since through your gracious favour I was so provided as not to expect in any kinde to mend my fortune or please my minde more than by resting where your bounteous hand had placed me Nay it is most mightily mistaken for unto your Majesty it is well known my poor and humble advices concluded still in this that your Majesty and your people could never be happy till there were a right understanding betwixt you and them no other means to effect and settle this happiness but by the counsel and assâ—â—â— of the Parliament or to prevent the growing evils upon this State â—ut by intirely putting your self in your last resort upon the loyalty and good affections of your English Subjects Yet such is my misfortune this truth findeth little credit the contrary seemeth generally to be believed and my self reputed as something of separation between you and your people under a heavier censure than which I am perswaded no Gentleman can suffer Now I understand the minde of men are more incensed against me notwithstanding your Majesty hath declared that in your princely opinion I am not guilty of Treason nor are you satisfied in your conscience to pass the Bill This bringeth me into a very great strait there is before me the ruine of my Children and Family hitherto untouched in all the branches of it with any foul crimes Here is before me the many ills which may befall your sacred person and the whole Kingdom should your self and the Parliament part less satisfied one with the other than is necessary for the preservation of King and people Here are before me the things most valued most feared by mortal man Life or Death To say Sir that there hath not been a strife in me were to make me less than God knoweth mine infirmities give me And to call a destruction upon my self and young children were the intentions of my heart at least have been innocent of this great offence may be believed will finde no easie content to flesh and bloud But with much sadness I am come to a resolution of that which I take to be best becoming me to look upon that which is most principal in it self which doubtless is the prosperity of your sacred person and the Common-wealth infinitely before any private mans interest And therefore in few words as I put my self wholly upon the honour and justice of my Peers so clearly as to beseech your Majesty might please to have spared that Declaration of yours on Saturday last and intirely to have left me to their Lordships So now to set your Majesties conscience c. at liberty I do most humbly beseech you for the preventing of such mischief as may happen by your refusal to pass the Bill by this means to remove praised be God I cannot say this accursed but I confess this unfortunate thing forth of the way towards that blessed Agreement which God I trust shall for ever establish betwixt you and your Subjects Sir my consent herein shall more acquit you to God than all the World can do besides To a willing man there is no injury done And as by Gods grace I forgive all the World so Sir I can give up the Life of this World with all chearfulness imaginable in the just acknowledgment of your exceeding favours and onely beg that in your goodness you would vouchsafe to cast your gracious regard upon my poor Son and his Sisters less or more and no otherwise than their unfortunate Father shall appear more or less guilty of his death God long preserve your Majesty Your Majesties most humble and faithfull Subject and Servant STRAFFORD Tower May 4. 1641. But then this Letter you see was dated five days before the ninth day of May which was Sunday So that the account stands thus Saturday May the first the Kings Speech to both the Houses in defence of the Earl of Strafford Munday 3. The Tumult of the Citizens at Westminster crying out for justice against the Earl Tuesday 4. The said Letter was writ from the Earl to the King mentioning the Kings Speech on Saturday last Wednesday 5. The Lords laid aside the Bill of Attainder because it brought the King in as a Judge and consulted to fall upon several Articles of his Accusation Thursday 6. The Lords voted him guilty of high Treason and the Commons as busie about the Bill for continuation of the Parliament Saturday 8. Both Bills were presented to the King who promised his Answer on Munday after Sunday 9. The conference with the Bishops At the close of which and at parting at night the Bishop of Lincoln having gotten that Paper-promise under the Kings hand from the Lieutenant of the Tower or from that other person sent it or put it into the Kings hands These passages made it late on Sunday night And the next morning Munday the tenth of May he was solicited early from both Houses with those two Bills which the King signed and commissioned the Earl of Arundel the Lord Privy Seal the Lord Chamberlain and others for the passing of them the one for the continuation of the Parliament during the pleasure of the two Houses the other the Bill of Attainder against the Earl of Strafford at one time the same instant with the same Pen and Ink the King lost his Prerogative and Strafford's life also Corruptio unius generatio alterius But because we may not censure without the Book see what the King says giving his Reasons which enforced him to the signing of both these Bills and first as in order upon his passing the Bill for the Triennial Parliament and after settling this during the pleasure of the two Houses THat the world saies the King might be fully confirmed in My purposes at first to contribute what in Iustice Reason Honour and Conscience I could to the happie success of this Parliament which had in Mee no other design but the General good of My Kingdoms I willingly passed the Bill for Triennial Parliaments which as gentle and seasonable Physick
against the Earl of Strafford but mercie being as inherent and inseparable to a King as justice I desire in some measure to shew that likewise by suffering that unfortunate man to fulfill the natural course of his life in close imprisonment yet so that if he ever make the least offer to escape or offer directly or indirectly to meddle in any sort of publick business especially with me either by Message or Letter it shall cost him his life without further process This if it may be done without the discontentment of my people will be an unspeakable contentment unto me To which end as in the first place I by this Letter do earnestly desire your approbation and to endear it the more have chosen him to carry it who is of all your House most dear unto me So I desire that by conference you will endeavour to give the House of Commons contentment likewise Assuring you that the exercise of mercie is no more pleasing to me than to see both Houses of Parliament consent for my sake that I should moderate the severitie of the Law in so important a case I will not say that your complying with me in this my intended mercie shall make me more willing but certainly it will make me more chearfull in granting your just grievances But if no less than his life will satisfie my people I must say Fiat justitia Thus again recommending the consideration of my intentions to you I rest Your unalterable and affectionate Friend CHARLS R. If he must die it were charitie to reprieve him till Saturday To this Letter the Lords conceived this Order the same day May 11. 1641. This Letter all written with the Kings own hand we the Peers this day received in Parliament delivered by the hands of the Prince It was twice read in the House and after serious but sad consideration the House resolved presently to send twelve of the Peers Messengers to the King humbly to signifie that neither of the two intentions exprest in the Letter could with dutie in us or without danger to his Consort the Queen and all the young Princes their Children be possibly admitted Which being accomplished and more expressions offered his Majestie suffered no more words to come from us but out of the fulness of his heart to the observance of justice and for the contentment of his people told us that what he intended by his Letter was with an If If it may be done without discontentment to his people If it cannot be I say again the same that I wrote Fiat justitia My other intention proceeding out of charitie for a few days respite was upon certain information that his estate was distracted that it necessarily required some few daies respite for setlement thereof Whereunto the Lords answered Their purpose was to be suiters to his Majestie for favour to his innocent Children and that their Fathers provision for them might be confirmed Which pleased the King who thereupon departed from the Lords At his Majesties departure the Lords offered up to the King the original Letter which he had sent but he was pleased to say What I have written to you I shall be content it be registred by you in your House in which you see my minde I hope you will use it to mine honour Upon the return of the Lords thus much was reported to the House by the Lord Privie Seal Upon the fatal day Wednesday the twelfth of May the Earl was summoned to his period being conveyed from his Chamber in the Tower with these Ceremonies before him went the Marshal's men next them the Sheriff's Officers with Halberts then the Warders of the Tower being of the King's Guard and after the Earl's Gentleman Usher bare and then himself accompanied with the Primate of Ireland and others in his way passing by the Lodging of the Arch-bishop of Canterburie a Prisoner and casting up his eye to his Window where he looked out desired his Prayers and his Blessing who after some collection of his sadness resolved into comfort and doubted not when his own turn came that he should taste that bitter Cup with a most Christian courage The Earl being come to the Scaffold upon the Hill he addrest his Speech to the Lord Primate My Lord Primate of Ireland It is my very great comfort that I have your Lordship by me this day and I do thank God and your Lordship for it in regard that I have been known to you these many years I should be very glad to obtain so much silence as to be heard a few words but I doubt I shall not the noise is so great I come hither by the good will and pleasure of Almightie God to pay the last debt which I ow to sin which is death and by the blessing of that God to rise again through the merits of Jesus Christ to righteousness and life eternal I am come hither to submit to that Iudgment which hath passed against me I do it with a very quiet and contented minde I do freely forgive all the world a forgiveness that is not spoken from the teeth outwards as they say but from the very heart I can very well say in the presence of Almightie God before whom I stand that there is not a displeased thought arising in me towards any creature I thank God I can say and that truly too and my conscience bears me witness that in all the imploiments since I had the honour to serve his Majestie I never had any thing in the purpose of my heart but what tended to the joint and individual prosperitie of the King and people If it hath been my fortune to be mis-understood surely I am not the first that hath been so it is the common portion of us all whilest we are in this life to err but righteous judgment we must wait for in another place for here we are very subject to be mis-judged one of another There is one thing I desire to free my self of and I am confident speaking it now with so much chearfulness that it cannot be but that I shall obtain your Christian charitie in the belief of it I did alwaies think the Parliaments of England the happiest Constitutions that any Kingdom or Nation lived under and next under God the best means to make the King and his people happie so far have I been from being against Parliaments For my death I here acquit all the world and beseech the God of Heaven heartily to forgive them though in the intentions and purposes of my heart I am innocent of what I die for And my Lord Primate it is a very great comfort unto me that his Majestie conceives me not meriting so severe and heavie a punishment as is the uttermost execution of this Sentence I do insinitely rejoice in this mercie of his and I beseech God to return it upon him that he may findâ— mercie when he stands most in need of it I wish this
Kingdom all the prosperitie and happiness in the world I did it living and now dying it is my wish I do most humbly recommend it to every man that hears me and desire that they will lay their hands upon their hearts and consider seriously whether the beginning of the happiness of the Reformation of a Kingdom should be written in letters of bloud consider this when ye are in your own homes and let me be never so unhappie as that the least drop of my bloud should rise up in judgment against any one of you I acquit you all but I fear you are in a wrong way My Lord I here profess and with that I shall end that I do die a true and obedient Son to the Church of England wherein I was born and in which I was bred peace and prosperitie be ever to it And whereas it is objected if it be an Objection worth the answering that I have been inclined to Poperie I may truly say that from the time of one and twentie to this present going on now towards nine and fourtie years I never had in my heart to doubt of this Religion of the Church of England nor ever any man the boldness to suggest any such thing to the best of my rememberance to me So being reconciled by the merits of Christ Jesus my Saviour into whose bosome I hope I shall shortly be gathered to those eternal happinesses that shall never have end I desire heâ—rtily the forgiveness of every man for any rash and unadvised words or for any thing done amiss And so my Lords and Gentlemen Farewell Farewell all the things of this world I desire that ye would be silent and join with me in praier and I trust in God we shall all meet and live eternally in Heaven there to receive the accomplishment of all happiness where every tear shall be wiped away from our eys and every sad thought from our hearts and so God bless this Kingdom and Jesus have mercie on my soul. To this he added a Prayer not taken by any to strengthen his faith confirm him in patience and charity to preserve the King and his Realms in prosperity the Church in unity and to have mercy on his soul. Rising from his knees he delivered these commands for his children To his Son William Wentworth commends himself gives him charge to serve his God to submit to his King with all faith and allegeance in things temporal to the Church in things spiritual gives him charge as he will answer it to him in Heaven never to meddle with the patrimonie of the Church for it will be the Cancer that will eat up the rest of his Estate again charges it as he will answer him in Heaven Et sic finem fecit And to shew that his Speech on the Scaffold was not sudden but premeditate the Paper of the Heads written with his own hand as it was left upon the Scaffold doth evidence which the Primate took up Come to pay the last debt we ow to sin Rise to Righteousness Die willingly Forgive all Submit to justice but in my intentions innocent from perverting c. Wishing nothing but prosperitie to the King and People Acquit the King constrained Beseech to repentance Strange way to write the beginning of Reformation and settlement of a Kingdom in bloud Beseech that demand may rest there Call not for bloud upon themselves Die in the faith of the Church Pray for it and desire their Praiers c. This Prayer was found in his Chamber at the Tower his own hand-writing and the Petition which follows after O Almightie and most mercifull Father of whose goodness I am made and by whose favour I have hitherto subsisted I confess the multitude and greatness of my sins deserve I should be utterly out of thy protection be entirely left to my weak self that am unable to withstand even those assaults my own thoughts make Yet O most gracious and loving Father be thou true to thy goodness and mercy though I be deceitfull in thy services reconcile me in Jesus Christ unto thy self for his sake forgive and then enable me to forsake all my sins those principally that have procured my instant affliction discover unto me what in my minde and thoughts displeaseth thee that I may purge thence what thy blessed visitation seems now to point at there Good Lord so clear and sanctifie my reason that no fancie of mine own create in me any causless disturbance and strengthen me to endure and overcome what ever real affliction thou art pleased to impose affect me deeply with the apprehension of thine omnipresence with a sense of thy nearness to those in trouble let my faith see thine Angels pitcht about me and my heart by all these be as secure as it is safe Lord perswade my soul of the unquestionableness of that truth that nothing can befal me against thy will and ever dispose me to entertain chearfully what thou willest Make me in this to see how litle the specious but vain appearances and advantages of this life confer to the setling of a discomposed minde give me a due sense of mine own infirmitie yet good Lord suffer no infirmitie to make me diffident of thy support whose strength is best and most seen in weakness Let the malice and unweariedness of Satan render me more solicitous of what he would destroy and never suffer me to want that comfortable consideration that all his power is under thy restraint Dear Father sanctifie this affliction to me that I may willingly submit to whatsoever design thou hast upon my soul herein that I may decline those sins thou most warn'st me of by it prosecute that goodness thy grace in this visitation prompts me to For this end grant me carefully to observe mine own heart that my sorrow for what I finde may become proper and effectual and grow into such an endeavour of new obedience as shall never end And blessed be thy holy Name O Lord who for all my former repulsing of thee hast added this inward affliction to the perswasion of thy word and my outward troubles as if thou would'st leave nothing unattempted that might reduce me Lord though I have long neglected thy call abused thy patience and expectation yet now speak thy Servaâ—t hears and humbly acknowledgeth that wisdom and might are thine that thou who onely knowest onely canst help what is amiss O shew thy power and wisdom in great mercy on me either free me of this trouble of my soul or support me with patience and thankfulness to attend thine opportunitie Good Lord as thou recoverest my soul out of trouble so do thou my soul out of sin that it may be a thorow cure and that I seeing the innumerable accidents that we are here subject to and that our souls are not free but by thy favour may for the future make thy glory my design thy service the business of my life so to Jecure unto me thy favour
oppressing theirs nor were those Lords and Gentlemen which assisted me so prodigal of their Liberties as with their Lives and Fortunes to help on the enslaving of themselves and their Posterities As to Civil Immunities none but such as desire to drive on their ambitious and covetous Designs over the Ruines of Church and State Prince Peers and People will ever desire greater Freedoms than the Laws allow whose Bounds good men count their Ornament and Protection others their Manacles and Oppression Nor is it just any man should expect the Reward and Benefit of the Law who despiseth its Rule and Direction losing justly his Safetie while he seeks an unreasonable Libertie Time will best inform my Subjects that those are the best Preservers of their true Liberties who allow themselves the least licentiousness against or beyond the Laws They will feel it at last to their cost that it is impossible those men should be really tender of their Fellow-subjects Libertie who have the hardness to use their King with so severe Restraints against all Laws both Divine and Humane under which yet I will rather perish than complain to those who want nothing to complete their mirth and triumph but such Musick In point of true consciencious tenderness attended with humilitie and meekness not with proud and arrogant activitie which seeks to hatch every Egg of different opinion to a Faction or Schism I have oft declared how little I desire my Laws and Scepter should intrench on Gods Sovereigntie which is the onely King of mens consciences and yet he hath laid such Restraints upon men as command them to be subject for conscience sake giving no men libertie to break the Law established further than with meekness and patience they are content to suffer the Penalties annexed rather than perturb the publick Peace The truth is some mens thirst after Novelties others despair to relieve the Necessities of their Fortunes or satisfie their Ambition in peaceable times distrusting Gods Providence as well as their own merits were the secret but principal Impulsives to these popular Commotions by which Subjects have been perswaded to expend much of those plentifull Estates they got and enjoyed under my Government in peaceable times which yet must now be blasted with all the odious Reproaches which impotent malice can invent and my self exposed to all those Contempts which may most diminish the Majestie of a King and increase the ungratefull Insolencies of my People For mine Honour I am well assured that as mine Innocencie is clear before God in point of any Calumnies they object so my Reputation shall like the Sun after Owls and Bats have had their freedom in the Night and darker times rise and recover it self to such a degree of splendour as those feral Birds shall be grieved to behold and unable to bear For never were any Princes more glorious than those whom God hath suffered to be tried in the Fornace of Afflictions by their injurious Subjects And who knows but the just and mercifull God will do me good for some mens hard false and evil speeches against me wherein they speak rather what they wish than what they believe or know Nor can I suffer so much in point of Honour by those rude and scandalous Pamphlets which like Fire in great conflagrations flie up and down to set all places in like flames as those men do who pretending to so much pietie are so forgetfull of their Dutie to God and me By no way ever vindicating the Majestie of their King against any of those who contrary to the Precept of God and President of Angels speak evil of Dignities and bring railing Accusations against those who are honoured with the name of Gods But 't is no wonder if men not fearing God should not honour their King They will easily contemn such Shadows of God who reverence not that Supreme and Adorable Majestie in comparison of whom all the glorie of Men and Angels is but obscuritie yet hath he graven such Characters of Divine Authoritie and Sacred Power upon Kings as none may without sin seek to blot them out Nor shall their black Veils be able to hide the shining of my Face while God gives me an heart frequently and humbly to converse with him from whom alone are all the Irradiations of true Glorie and Majestie There was ever and anon some occasions offered in the Commons House against Bishops and I finde one Master Thomas to start up in confirmation of what was said there before when they voted the Bishops out of the Upper House and now he explains himself whose Speech in some Points may be observed He takes a View and Examination of all the former Actions of Bishops in Parliament from the Year 1116. to this this time in the several Reigns of three and twenty Kings and Queens of this Kingdom how obnoxious they have been to Prince and People and therefore not fit or convenient that they should continue Members of the Higher House in which they have been said he so disloyally and traiterously affected to Regality and no less mischievous and pernicious to Church and Common-wealth Then he ravels into all foreign Records whereout he could pick any personal Delinquency of any Bishop and from thence falls upon such others in the Reigns of English Sovereigns But as to their Interest in Parliament he acknowledges them from the first Parliament Anno 1116. but he would have them now considered not an fuerunt but an profuerunt and so not to debate an factum but an fieri debuit if bad the longer the worse Antiquity without Truth is but ancient Errour for Henry 1. an Usurper upon Robert his elder Brother admitted them in the Upper House to justifie hisTitle to the Crown They advanced King Stephen another Usurper though they had formerly sworn to Maud the Empress endeavouring to salve it by bringing in the Salique Law into this Kingdom And tells the story of Thomas Becket against Henry 2. that although the Papists adored him as a Saint Martyr yet the Doctours in Paris did debate whether he were damned therefore avowing that he deserved Damnation for his Contumacy towards the King being the Minister of God That Bishop Longchamp Governour or Viceroy for Richard 1. absent in the Holy War Rex Sacerdos who for his Sacrilege and barbarous Misdemeanours being taken in Womans Apparel velâ—t delicata Muliercula was banished And remember the story of the Bishop of Bavois in France taken Prisoner in his Coat of Mail was by that King sent to the Pope with a Vide an tunica filii tui sit an non That Arch-bishop Hubert advanced the Usurper King Iohn rejecting Arthur his eldest Brothers Son and yet at last deprived Iohn of his Life and Kingdom But herein Mr. Thomas is mistaken for Hubert died ten years before King John That Henry 3. and his eldest Son the Prince were forced by Stephen Arch-bishop of Canterbury to swear to be governed by four and twenty Noble-men
promoted the Lady Ianes Title before the lawfull Heir Queen Mary and the Bishops and Lords writ to Mary that she ought to submit to her Cousin the Lady Iane as her Sovereign that Canterbury and Ely subscribed that Letter and Ridley preached the same at Paul's Cross and so concluded them disloyal Traitours The Protestant Bishops were engaged upon the Faith of Religion to promote Jane besides the visible cause of Danger to the State and Kingdom was notorious in the accession of Mary and proved fiery hot to the execution of their persons the most of the powerfull Lords were Protestants the other being beyond Seas or kept under at home and but two of all the Bishops that signed to the Letter The next godly Princess was Elizabeth who began her Reign with a Conference for increase of Reformation of Religion earnestly pressed by good Divines Scorie Cox Iewel Ebiner Grindall Whitehead Horn Gest but were opposed by the Bishops to the prejudice of the Queens desire therein That at the Queens Coronation the Bishops did refuse to anoint or consecrate her and names them York Canterbury dead and ten more the chiefest And were not all these Popish Bishops that hated her Nay there might be another cause which is not hinted by him though his whole discourse hath insisted upon the Sovereigns Titles there might be reason enough to dispute it now but he forbears and so do I. But the lawfull Line succeeds her And so King Iames says he commences with a Conference for Reformation at Hampton Court where were Doctour Reynolds and Sparks of Oxford Knewstubs and Chaderton of Cambridg but were resisted in the Reformation by eight Bishops and six Deans alleging there was no need of Reformation but God and good men did know the contrary In his Reign they introducing Schisms Heresies and Idolatry of Popery and Arminianism and what not Irreligion to the Deity mischief and danger to the Kingdom There needs not particular observation concerning his Notes of this Kings time that there was a Conference complete an equal number of Disputants continuing some Days the whole Discourse imprinted and now common which I finde Master Thomas passes over as not willing to stand to the Test of that Conference being nothing at all for his purpose but to the contrary As for their Actions in his Majesties Reign which he thinks do poise all and over-ballance all formerly done since the beginning of Parliaments put together in the other Scale which he referrs to the Reports of the Committees for the Pope of Lambeth and his Cardinals Wren and others and briefly concludes that they having in Parliaments contrived Treasons Rebellions Domestick and Foreign Incendiaries and Grievances to State and Church Arch-Enemies to King and Common-wealth He hopes his Majesty will Lege talionis make their Episcopacy onely Tituâ—â— for they are to have priority or precedency Quoad Ordinem not Quoad Ministerium wherein the poorest Curate is his Companion but as he is not for equality and parity so not too great a distance These being his Reasons for their unlawfulness and sitting in Parliament any longer And this was spoken in May. This Speech was accounted the Cutâ—throat of Episcopacy which the rather I insert and the Reasons I observe because much of the matter is Records and so not out of my way nor unnatural for an Historian to observe and therefore herein I may be excused from any note of partiality mis-becoming a Register of Records Master White and others there were that followed with inveterate Speeches against Episcopacy but because all of them of one nature and to record them here impertinent I shall refer the Reader to their Reasons published in several Pamphlets and to others that answered them both Clerks and Lay-men the whole business of this time taken up with Freedom of the Presses to prate any thing scandalous on any side and that you may see their plotting take this Letter which I set down somewhat before its due place and time it came from Master Iohn White of Dorchester to his Nephew Master White at London Septemb. 8. The King being in Scotland thus writes Touching our main business says he the King will come back from Scotland shortly without effecting any thing answerable to his and others expectations and consequently may be fit enough to be won to condescend to any reasonable Demands If the Commons hold their own they may have what they will desire All the work will be to hold them stiff to their former Resolutions to which they may be well prepared by their Friends in the time of this Access if they bestiâ— themselves as they ought Sir we conceive if we could could win Master Mainard to joyn throughly about the taking away of Episcopacy it would much further the cause The way must be to charge home the thirteen Bishops that are now impeached if they be found in a Praemunire and so cast out of the Higher House it is hoped the better Lords will prevail and then the Work is at an end The way to prevail with Master Mainard is by his Wife and with her by Master Hughs a Lecturer I conceive It were worth a Iourney thither for you to ride over and speak with her if these who deal with this man go about it with metal I am confident it will be carried Good Sir afford your helping hand herein with as much speed as possibly you can Yours John White Dorchester September 8 1641. I need not suppose this mans Character the Tone too well known and to what Sect he appertained but the manner of their working by the lecturing weak Women who have more strength in their pewling than Sampson had in his Locks But the state of a Question was propounded concerning Bishops whether or no Iure Divino as hath been heretofore remembred but now it was that Master Grimston argued That Bishops are Jure Divino is of a question That Arch-bishops are not Jure Divino is out of question That Ministers are Jure Divino there is no question Now says he if Bishops which are questioned whether Jure Divino and Arch-bishops which out of question are not Jure Divino suspend Ministers that are Jure Divino I leave it to you Master Speaker Mr. Selden's Answer That the Convocation is Jure Divino is a question That Parliaments are not Jure Divino is out of question That Religion is Jure Divino is no question Now Master Speaker that the Convocation which is questioned whether Jure Divino and Parliaments which out of question are not Jure Divino should meddle with Religion which questionless is Jure Divino I leave to you Master Speaker Grimston replies But Arch-bishops are no Bishops Selden answers That 's no otherwise true than that Iudges are no Lawyers and Aldermen no Citizens Busie the Commons House have been to settle a new Mode of Ecclesiastical Jurisdiction and the seventeenth of Iuly ordain every Shire of England and Wales to be
and Figures within the Churches and afterwards from without suppressing the very Signs and Sign-posts and this curiosity of Imployment was conferred upon such as had least to do and could intend to be busied abroad Sir Robert Harloe was found out to be the fittest person which makes me remember Chaucer's Character of such another A busier man there never was Yet seemed busier than he was The King had given knowledg of his Resolution to journey to Scotland and to set out the tenth of August to which the Houses had agreed but now thus near they desire the King to put it off a Fortnight longer the great affairs of State necessarily requiring his presence and instanced in some Bills yet to be passed and some settlement for the Government of the Kingdom in his absence he told them the warning was so long since as that they might have hastened their business to that purpose And so the same day passed some Bills for Knighthood free making of Gun-pouder and Saltpeter and signed a Commission for passing Bills in his absence unto the Lord Keeper the Lord Privy-Seal the Earl of Lindsey Earl of Essex Marquess Hartford the Earl of Bath and the Earl of Dorset And signed to another Bill for the Earl of Essex General of all his Forces on this side Trent by which he had power to raise Forces in case of necessity but to that request that the Earl of Pembroke should be made Lord high Steward in the place of the Earl of Arundel now absent and the Earl of Salisbury to be Lord Treasurer he had no minde to either of them But the day before the King's Journey into Scotland and the Parliament serious in some sudden affairs of importance they were forced to lay aside the solemnity of this Day being Sunday and to sit from Morning till Night but not to bring it into President they publish in Print That for many urgent occasions they thought it necessary to sit and do declare so much that no inferiour Court or Council or any person may draw this into Example for their encouragement in neglecting the due observation of the Sabbath Sunday August 8. And then they adjourned untill the twentieth of October and a standing Committee of the House of Commons consisting of fifty Members appointed during the Recess But the King gone to Scotland the Parliament at leisure to frame business against his return such a Freedom and Liberty was taken up of the People and such connivance from the Parliament as somewhat like the late Comedy The World turn'd up side down Many Jealousies in the hearts of the People many Divisions and Differences in Opinion which little favour the Parliaments proceedings The Prelatical party utterly discountenanced and Learning discouraged the Universities neglected Orthodox men slighted A wonderfull liberty and licence afforded to the Communalty of a long time had now taken root and Riots too Every one as his fancy increased took upon him by connivance of several Members of several Opinions to countenance such who without other authority order or decency rudely and riotously disturbing Church-service in time of Prayers tearing the Book of Liturgy the Surplices and such things which the Parliament onely connived at being to use such a considerable party in time of need Ridiculous Conventicles and Preachings in Conventicles nay openly in corners of the Streets by Trades-men Tub-preachers to the general scandal of all good men In earnest to wise men and religious these courses were offensive and thereby grew disaffected to Parliaments but there were ways invented some were taken off by Preferments others deterred and most men distracted with these varieties exprest a Mutation and change of Church and State which after followed Insolencies and Disorders in the Populacy uncorrected or connived at grow up to Insurrections and Rebellions as with the late Actions of the Scots after whose Example the Irish Nation resolve of the like Freedom the one of Reformation the other of old ancient Popery National pretence either had but the effects of the former were soon smothered and pacified for the present but this other taking fire in time of our English Distractions which afforded them means and boldness to contrive the most horrid Rebellion in Ireland that after-ages will not easily believe It fell out in the Kings absence at Scotland and so we shall take up that time to enter the Reader in the former part of that miserable story and first of all to give some account of the Grounds and their rebellious pretences Somewhat we have said concerning the State of Ireland from the first Conquest of the English to these times of King Charls who highly indulged his Subjects there in this last Year 1640. upon their late Complaints and their general Remonstrance to him from the Parliament sitting at Dublin by a Committee of four Temporal Lords of the Upper House and twelve Members of the House of Commons instructed to represent the heavy pressures which they pretended to have suffered under the Government of the Earl of Strafford The King took their Grievances into his royal consideration heard them himself and presently provided for their redress And upon the decease of Master Wansford Master of the Rolls in Ireland and then Lord Deputy under the Earl of Strafford who still continued Lord Lieutenant of that Kingdom though then accused of high Treason and imprisoned in the Tower of London the King sent a Commission of Government to the Lord Dillon of Kilkenny West and Sir William Parsons Knight and Baronet Master of the Wards there but finding his choice of Dillon to be much disgusted by the Irish Committee that Commission was forthwith cancelled with their approbation he placed the Government upon Sir William Parsons and Sir John Burlace Knight Master of the Ordnance both of them persons of great integrity who took the Sword the ninth of February 1640. who applied them selves with all possible content to the People In abating the Subsidies there being given in the time of the Earl of Strafford from fourty thousand pounds each Subsidy to twelve thousand pounds a piece so low were they reduced and drew up two Acts in Parliament most impetuously desired by the Natives The one was the Act of Limitations which settled all Estates of Land there for sixty years preceding The other Act for the relinquishment of the Kings Right and Title to the four Counties in Conaught legally found for him by several Inquisitions and ready to be disposed of to Brittish Undertakers as also to some Territories in Munster and Clare upon the same Title And that the King might testifie his own settled resolution for his future grace and favours to them he did about the end of May 1641. declare the Earl of Leicester Lord Lieutenant General of Ireland perhaps upon the former score as Heir to his Uncle Sir Philip Sidney as to Sir Henry Sidney his Grand-father who had been Governour of Ireland in time
of Queen Elizabeth and himself a person not engaged in any publick pressures of the Common-wealth and therefore most likely to prove just and acceptable to the People The Papists likewise permitted privately to enjoy their Religion and a general good agreement between the Natives and the English in all parts In August the Popish party in Parliament grown high and incompatible with the present Government the Parliament was adjourned for three Moneths and then the Committee returned out of England and arrived at the end of August desiring that all the Acts of that Parliament might be proclaimed and sent down to the several Counties and so they retired to their places of abode In this great serenity and security the late Irish Army raised for the assistance of the Kings service against the Scots was disbanded and all their Army brought into Dublin Then there brake out upon the three and twentieth of October 1641. a desperate Rebellion universal defection and general Revolt of the Natives together which almost all the old English that were Popish totally involved A Rebellion so execrable as no Age no Nation can parallell the abominable Murders without number or mercy upon the Brittish Inhabitants of what sexes age or quality soever they were and this to be contrived with that secrecy amongst themselves that not one English man received any notice thereof before the very Evening of their intended Execution But though there were no direct appearance of the first Contrivers of this Rebellion yet I finde the Romish Clergy and the the Popish Lawyers great Instruments of the Fundamentals whereupon their bloudy Superstructions were reared The Lawyers standing up in Parliament as great Patriots for the Liberties of the Subject and Redress of Grievances boldly obtruding their pernicious speculations as undoubted Maxims of Law which though apparent to wise men yet so strangely were many of the very Protestants and others wel-meaning men blinded with an apprehension of case and redress and so stupified with their bold accusations of the Government as discouraged others to stand up to oppose them And then it was that the Parliament having impeached Sir Robert Bolton Lord Chancellour of Ireland of high Treason with other prime Officers of State that were of English birth and done their worst also against the Earl of Strafford in England Some of these great Masters and pretended Patriots took upon them impudently to declare the Law as they pleased to make new Expositions of their own upon that Text to frame Queries against Government Presidents they had enough of former proceedings in England they disdained the moderate qualifications of such as replied to them but those would not serve their turn New Model of Government they would have drawing it wholly into the hands of the Natives which they knew could not be compassed in a Parliamentary way they onely made preparatives there by desperate Maxims which being diffused would fit and dispose the people to a change Some of their Maxims they declared for Law that any one being killed in Rebellion though found by matter of Record would give the King no Forfeiture of Estate That though many thousands stood up in Arms working all manner of destruction yet if they professed not to rise against the King that it was no Rebellion That if a man were cuâ—lawed for Treason and his Land rested in the Crown or given away by the King his Heir might come afterwards and be admitted to reverse the Outlawry and recover his Ancestours Estate And many such were published this Session nay they presumed to attempt a suspension of Poyning ' s Act and at last the very abrogation of the Statute the best Monument of the English intire dominion over the Irish Nation and the annexion of that Kingdom to the Imperial Crown of England assuming a power of Iudicature to the Parliament in criminal and capital offences which no former age could presidence And so carried on their Session begun in May till the breaking out of the Rebellion and yet then they would hardly adjourn These and many other such which wise men fore-saw and since came to pass that Fools may run and read them They made the whole Body of State corrupt and ill-affected that the evil humours and distempers of the Kingdom required Cauteries This was the Disease as appears by all the Symptoms and the joint concurrence in opinion of all the pretended Patriots that held themselves wise enough to propose Remedies to so desperate a Malady But indeed although but pretences yet the King had condescended to their present relief giving much more satisfaction to their Agents lately in England than ever they could in any other time expect to receive or hope to enjoy but presently upon their return to Ireland this Conspiracy brake out Certainly the late successes of the Scots in their Insurrections gave encouragement to these they having happily succeeded in their affairs obtained signal Immunities from the King by their last Eruptions Our domestick garboils also might indulge them liberty to perplex the English the more and not the least advantage by the death of the late Deputy the Earl of Strafford whom the Irish equally pursued with the Zelots of Parliament in England and thereupon the unseasonable disbanding of the Irish Army eight thousand raised for the Scotish Expedition All these together added to them for their Design four thousand whereof were granted to Don Alonso de â—ardenes the Spanish Ambassadour to be transported from the danger of Innovation at home and the Officers and Colonels put out by the Parliaments commands might depart with their Regiments whither they pleased These were their Incitements and their Deceits followed they boast that the Queen was in the Head of their Forces that the King was coming with an Army that the Scots had concluded a League with them and to get credit therein they altogether caress the Scots that they were authorised by the Kings Commission which they counterâ—eited and produced at Farnham Abbey from one Colonel Plunket as appeared afterwards by several Confessions that they asserted the Kings cause against the Puritans of England And to their own Countrey-men they scatter Letters and Advertisements out of England that there was a Statute very lately made to compell all the Irish to be present at the Protestant worship under penalty of loss of their Goods for the first neglect the loss of their Inheritances for the second and their Lives for the third They gave there great hopes of recovering their Liberties and regaining their ancient Customes and to shake off the English yokâ— to elect to themselves a King of their own Nation and to distribute the Goods and Possessions of the English These Inducements made the Irish mad to perpetrate such hideous Attempts as no leading Age hath heard of They published also these Motives in print that our royal King and Queen are by the Puritans curbed and abused and their Prerogatives restrained diminished and almost wholly abolished
contrary to the rights and power of all Monarchical Authority and also the duty allegeance and consciences of all loyal Subjects which with grief we take to heart as faithfull and loyal Subjects ought to do The Catholick Religion suppressed and put down in England and the Catholicks persecuted with all rigour even to death and the like have the Puâ—itans of this Kingdom threatned to have brought hither That there is a Law against Catholicks in this Countrey whereby the Kingdom hath been often impaired and ruined with persecutions by means whereof the Catholicks are made uâ—capable of any Office or Place of commodity or profit to the great and extraordinary decay of the Catholicks in their Estates Education and Learning That the Goverment of the Kingdom is wholly in the hands of strangers who in their beginning are generally poor of birth and means and very quickly become Noblemen and men of great Estates by oppression and ruinating the poor Natives That there hath been great threatnings of late of sending great Scotish Forces with the Bible in one hand and Sword in the other to force our consciences or end our lives besides our private report of a sudden surprisal and cutting the Catholicks throats intending which way we know not but it hath been both written and spoken by several Protestants and Puritans That the Catholicks are not allowed to have any Arms or Munition as the Protestants and Puritans were but stood like dâ—admen not able to defend themselves in such desperate Dangers All which being by them considered they saw no way but to attempt to seize upon Arms where they could get them to save their lives maintain the King and Queen their Religion and Countrey It is true that for the first Days horrid Rebellion and Butchery the Irish did forbear the Scots Plantation there knowing their good Natures to be such as to sit still and see the English destroyed so they might hope to escape and to have more room for Colonies of their own Nation it being more easie for the Irish to deal with one Nation than with both and they knew that the Scots had then in Scotland some formed Forces standing which in few hours might be transported and so to distract them before their intended progress into Rebellion To that end for a time they were spared with life but not with Gudes and Geer and so â—ad leave to return to Scotland a worse transmigration than into the other World Some pretence they make declaring in the sight of God and the World their Intentions and Resolutions to the last Man with their Lives Estates and Fortunes to endeavour the advancement and preservation of his Majesties service and Interest in that Kingdom and of all those whoever that prosecute his quarrel having no other Design or Intent but onely the free exercise of their Religion On the contrary it was wonderfull to observe what Irritations stirred up the English to revenge the Death of the Massacred and to defend the lives of those that survived A Mass of Money 300000. pounds sterling was soon raised in England but otherways disposed and great Contributions for pay of the Souldiers and Provisions and many thousands of English prepare for that War And yet so eminent was the divine wrath over England that even upon this very account our Incongruities and Feuds at home were inflamed which amongst others how intense soever yet soulder a peace for some interim Hereupon those that aimed at Innovations infused into mens mindes scruples and suspitions and though the King most intent to suppress the raging cruelty of that Rebellion by his personal hazzard to scourge their insolencies the Parliament would not consent that the War be mannaged by his Authority nor to trust the Souldiers with their Allegeance to the King nor any of them that had served him in the Scotish Expedition but such as themselves affected and he disgusted yet rather than the War should linger on those Differences he submitted to the joint authority of mannaging the same and so Patents and Commissions were signed by both King and Parliament leaving himself without power either to make peace or grant them pardon without the Parliaments consent And so by this concurrence of Affairs concerning the Rebells and mischievous Distractions in England ripening into a civil War the Parliament seize upon the collected sums of hundreds of thousand pounds for Ireland and two or three Regiments raised for that service they convert to the suppressing of the Kings War against them nay the very Benevolence begged for the relief of the perishing Evangelius they turn into pay for their Souldiery Though the Kings Souldiers having seized on some provisions sent by the Parliament towards Chester as but designed for Ireland the King upon complaint soon restored it for that service And although there appeared no evidence of truth it was rumored to the Kings dishonour that he had been Authour of that Rebellion which the King endeavours with greater validity of Reasons to retort upon the Faction of some Members of both Houses Notwithstanding these Traverses hindered not our Auxiliaries to defeat the Irish by fire devastations and slaughter of some hundreds of thousands of the Natives and to wilder that Kingdom far and near which happened alike pernicious to our selves when afterwards that the civil War in England was at the heighth victuals provision cloaths and pay failing our Souldiers in Ireland it is beyond the reach of expression how miserably our Countrey-men suffered there and the Parliaments help failing their daily Invocations for relief the Privy Counsellours of that Kingdom Commanders and Souldiers by peâ—itionary Letters to the King earnestly beg leave to depart and to be remanded any where else save against such an Enemy as Hunger The King either for necessity or prudence the Scots coming into the Parliament he being thereby reduced to an inequality of fight here at home makes a Cessation with the Irish for a year onely and so endeavours a peace to ensue leaving sufficient Garisons behinde the Souldiers return for the Kings assistance whose part began to totter But the Scots party in Ulster refuse to be bound by the Cessation and some English in Conaught and Ulster of a like conniving Faction But the Lord Inchequin Commander in chief of the Munster Forces comes over with some thousands to the Kings aid but not well resenting his entertainment withdraws himself into Ireland and gains all the Kings party of Cork and Munster to the Parliament and to a detestation of the Cessation they instantly sending him and the Scots Forces fresh aid of money and provisions Against whom appeared three several parties though conjoyned in enmity to the English the Popes Nuntio Owen Roe and the other under command of Preston and Taff the last more moderate endeavouring the compliance with the King to confirm the Peace yet were over-born by the Popes Bull against the Cessation and Peace and so deterred their Souldiers from their fidelity and Colours
whereof six only were hanged Many treacherous designs of the Town Papists failed many Protestants fled to sea and although Docter Barnard their chief Minister had the conveniency offered him to be gon he would not desert his Congregation thin as they were telling them as St. Ambrose said to Iustina Non prodam lupis gregem mihi commissum hic â—ccide si libet At this time comes a competent strength of one hundred horse and ten hundred foot under command of Sir Henry Tichburn appointed Governour of the Town the fourth of November which the Catholiques resented coldly upon whom the Protestants had just suspition and therefore wearied succours were faine to stand Guard that Night And now it was time to name the Brat and call it a through Rebellion which till now was favoured with the interpretation of an Act of discontented Gentlemen Not long after the State added three companies of foot so beside the Town Arms they were compleat 1500. foot and 160. horse Not many nights after there was dropt in the street a faire Declaration of the Catholiques of Ireland framed upon presumption that the design contrived had been effected and by the way at each corner seems to have been fixed and this the most authentick that came to light Whereas we the Roman Catholiques of the Kingdom of Ireland have been continually loving and faithfull Subjects to his sacred Majesty and notwithstanding the several and heavy oppressions suffered by the subordinate Governments to the ruine of our lives honours and estates yet having some liberty of our Religion from his Majesty out of the affluence of his Princely love to us we weighing not corporal loss in respect of the great immunity of the soule are instantly resolved to infix our selves in an immutable and pure allegiance for ever to his royal Majesâ—y and successors Now it is That the Parliament of England maligning and envying any graces received from his Majesty by our Nation and knowing none desired of us as that of Religion and likewise perceiving his Majesty to be inclined to give us the liberty of the same drew his Majesties Prerogative out of his hand thereby largely pretending the general good of his Majesties Kingdoms But we the sad Catholicks and loyal Subjects to his Majesty do probably finde as well by some Acts to pass by them the said Parliament touching our Religion in which the Catholicks of England and Scotland did suffer as also by threat to send over the Scotish Army with the Sword and Bible in hand against us That their whole and studied Plots both was and is not onely to extinguish Religion by which we onely live happily but also likewise to supplant us and raze the name of Catholicks and Irish out of the whole Kingdom And seeing this surmise so dangerous tending absolutely to the overthrow of the liberty of our consciences and Countrey and also our gracious Kings power forced from him in which and in whose prudent care of us our sole quiet and comfort consisted and without which the fear of our present Ruines did prescribe opinion and premonish us to save our selves We therefore as well to regain his Majesties said Prerogative being onely due to him and his Successours and being the essence and life of Monarchy hoping thereby to continue a strong and invincible unity between his royal and ever happy love to us and our faithfull Duty and Loyalty to his incomparable Majesty have taken Arms and possessed our selves of the best and strongest Forts of this Kingdom to enable us to serve his Majesty and to defend us from the tyrannous resolution of our Enemies This in our consciences as we wish the peace of the same to our selves and our posterity is the pretence and true cause of our raising Arms by which we are resolved to perfect the advancement of truth and safety of our King and Countrey Thus much we thought fit in general to publish to the world to set forth our innocent and just cause the particulars whereof shall be speedily declared God save the King Upon the fifth of November the Lords and Council of Ireland sent their second Dispatch from Dublin unto the King in Scotland and several Letters also into England to the Parliament and Council and to the Earl of Leicester elect Lord Lieutenant setting down the particular Narrative of the Rebellion and so take together the success of both Dispatches The first Letters arrived at London the last of October and that Even were delivered and the next Morning the Upper House sent them down to the House of Commons by the Lord Keeper Privy Seal High Chamberlain Admiral Marshal Chamberlain the Earls of Bath Dorset Leicester Holland Berks Bristoll Lord Mandevil Say Goring Wilmot who had Chairs to sit while the Letters were read and so departed The House instantly resolved into a Committee and order That fifty thousand pounds be forthwith provided That the Lords be moved that Members of both Houses may declare to the City of London the present necessity to borrow fifty thousand pounds to be secured by Act of Parliament That a Committee of both Houses consider of the affairs of Ireland That Owen O Conally the Discoverer shall have five hundred pounds presently and two hundred pounds per annum Pension till provision of Land of Inheritance of a greater value That the persons of all Papists of quality in England be secured That no persons except Merchants shall pass to Ireland without Certificate from the said Committee To all which the Lords consented Then the House of Commons vote twenty thousand pounds for present supply A convenient number of Ships for guarding the Sea-coasts of Ireland That six thousand Foot and two thousand Horse be forthwith raised for Ireland and Officers to be appointed over them That Magazines of Victual be forthwith sent to Westchester to be sent to Dublin as occasion shall require That the Magazines now at Carlile be forthwith sent over to Knockfergus in Ireland That the Kings Council consider of a Pacification for Rewards to such as shall do service in Ireland and for a Pardon to such Rebells as shall submit within a time and of a Sum of Money for Rewards to bring in the Heads of the principal Rebells That Letters of Thanks be returned to the Lords Justices there That the Committee do consider how and in what manner to make use of Scotland here And a Bill to be prepared for pressing of Souldiers for Ireland An Ordinance passed for the Lord Lieutenant of Ireland to raise three thousand five hundred Foot and six hundred Horse and not to press our dear Brethren of Scotland any further than for one thousand Foot to pass from Scotland to the North of Ireland And Arms to be delivered out by the Master of the Ordnance out of the store for Ireland for eight thousand Foot and a thousand Horse Thus much was discoursed upon the first Letters And now upon the second Dispatch the Parliament voted two
cannot doubt of his Subjects affections for he acknowledges the joyfull reception at his now entring into London He bringing as perfect affections to his People as ever Prince did or as good Subjects can possibly desire and is as far from repenting any good that he hath done this Session that he resolves to grant what else can be justly desired in point of Liberties or in maintenance of the true Religion Particularly he commends unto them the state of Ireland the prâ—paratâ—ons going on but slowly which is the cause that two Lords are arrived from 〈◊〉 who come instructâ—d from his Council there to aâ—swâ—r that demanâ— which both Houses made by Petition that met him at Bâ—rwick and which the Duke of Richmond did send back by the Kings command to his Scotish Council Therefore desires the Houses to appoint a Committee tâ— end the business with these two Lords Then because no Jealousie should aâ—ise concerning Religion he settles his Command for obedience to the Laws ordained for that purpose and Proclaimes the tenth of December That Divine service be performed in England and Wales according to the Laws and Statutes and that obedience be given by all people to the same And that all Ministers Ecclesiastâ—cal and Temporal do put the said Acts of Parliament in due execution against all contemners and disturbers of Divine service and that no Persons Vicars or Curates introduce any Rite or Ceremony other then these established by the Laws of this Land And two daies after he publishes his Proclamation That all the Members of both Houses repair to the Parliament at or before the twelfth of Januâ—ry next for continuance thereof c. And being come He salutes them thus the fourteenth of December Because thâ—y delaied the consideration of thâ— most iâ—portant business Ireland he reminds them that at his last presence He recommended to them the lamentable condition of the affaires of Ireland and the miserable condition of the Protestants there That he will not wast time to tell them the detestation he bears to Rebellion in General and of this in particular but knowing that Deeds and not Declarations must suppress this great insolencie therefore he offers his paines power and industry to contribute to this necessary work of reducing the Irâ—sh to obedience That for the Bill for pressing of Souldiers lodged with the Lords but if it come to him he promiseth to pass it And because some had started the question into a dispute concerning the â—â—unds of the Kings prerogative herein He offers to avoide such dâ—bate that the Bill shall pass with a Salvo Jure both for King and People and concludes Conjuring them by all that is or can be dear to them or him to hasten with speed the business of Ireland No sooner said but they Petitioned Him with what they had in readiness for priviledge of Parliaments being their Birth rights Declaring with all duty and reverence That the King ought not to take notice of any matter in agitation and debaâ—e in either Houses 〈◊〉 by their Information Nor ought not to propound any Condition Provision or limitation to any Bill or Act in debate or preparation or to manifest or declare his consent or discent approbation or dislike beforâ— it be presented in course Nor ought to be displeased with any debate of Parliament they being Iudges of their own errors and offences in debating matters depending That these priviledges have been broken of late in the speech of his Majesty on Thursday last the fourteenth of December particularly in mentioning the Bill for Impress offering also a Provisional clause by a Salvo Jure before it was presented and with all they take notice of his Majesties displeasure against such as moved a question concerning the same And they desire to know the names of such persons as reduced his Majesty to that Item that he may be punished as they his great Council shall advise his Majesty The King seeing them setled in this posture and to doe nothing till the Kings answer satisfactory to their Petition He with some regret withdrawes to Hampton Court hoping that his absence might take off the occasion of presenting him with such Exceptions But the next day they apoint a Committee to follow him thither having had time enough in their recess and the Kings being in Scotland to form matter enough to perplex him for now they speak plain all the whole frame of Government is out of tune which they Remonstrate as the State of the Kingdome which they accompany with a Petition But there fell out an Accident in Scotland whilst the King was there concerning the two Marquesses Hamilton and Arguile upon some information that their Persons were in danger they both withdrew from the Parliament of Scotland and for some daies removed out of Edenburgh the suggestions were examined in that Parliament where they had power enough yet nothing was apparent to their prejudice and the examinations upon the whole matter sent hither by the King to the Parliament in England such strange glosses and interpretations were made upon that accident reflecting upon the King and his honour as if at the same time there had been such a design to have been acted here as they had fancied there And a suddain resolution was taken here first by the Committee during the recess after by the Houses to have a Guarâ— for the defence of London and Westminster and both the Houses of Parliament which made some impression in the minds of the best Subjects in a time when they were newly freed from the fears of Two Armies to be now again awakened with the apprehension of dangers of which seeing no ground they were to expect no end But matters thus stated and all possible cunning used by a faction and their Emissaries the Ministers at this time when the clamour was raised of the unlawfulness that the Clergy should meddle in temporal affaires were their chief Agents imployed to derive their seditious directions to the people And were for a week together attending the doores of both Houses to be sent in their errands to inforce the most desperate feares in the minds of all men that could be imagined and to be sure that the memory of former bitterness might not slacken They therefore provide for the Kings Intertainment against his return to London a Remonstrance of the state of the Kingdome herein laying before the King all the mistakes all the misfortunes which had happened since his first coming to the Crown and before to that houre forgetting the blessed condition notwithstanding the unhappy mixture which all the Subjects had enjoyed by peace and plenty under this King to the envy of Christendome Objecting to the King therein the actions of some nay the thoughts of others and reproaching him with things which he after professes never entred into his Imaginations not to his knowledge into the thoughts of any other therein reviling the King to the people and complaining of
and plenty comparatively in respect of their Neighbours but even of those times which were justly accounted Fortunate Their Fears and Jealousies he supposes may be either for Religion or Liberty and their civil Interests the Fears for Religion to be invaded by the Romish party by any favour or inclination to them he professes that as he hath been bred up and practised the Religion now here established and as he believes he can maintain the same by unanswerable Reasons so he is ready if need be to seal with his bloud Having always been as much to the evidence of his care and duty herein as he could tell possibly how to express And for matters indifferent in reference to tender consciences he will comply with the advice in Parliament being to be pursued with temper and submission not with bold licence of scandalous Pamphlets and seditious Sermons against him and his Government a fit Prologue to Confusion upon the very profession of this Religion in England Concerning the civil Liberties and Interests of Subjects His Princely care of the Subjects this Parliament in passing Laws so large and ample that many sober men can wish for no better He understood well the Right and pretences of Right which he parted from in the Bill Triennial for continuance also of this Parliament Bill of Tunnage and Poundage taking away High Commission and Star Chamber Courts and in a word all Doubts secured by the Triennial Parliament but he had rather his grace and favours might be valued in the hearts of his people than in any mention of his own If these Resolutions be the effects of his present Councils as he takes God to witness they are no ill Design can follow why should he and they suffer under Misunderstandings If he hath or shall be mistaken in his Election of them the particular shall be no sooner discovered to him than he will leave them to justice But if any shall under colour of this endeavour to lessen his Reputation and Interest and to weaken his lawfull power and Authority with his good Subjects and to loosen the Bonds of Governments and so all Disorder and Confusion break in upon us he doubts not that God in his due time will discover them If his Intentions be thus clear and his part to be fully performed and that the peoples quiet depends upon themselves and as he will observe the Laws himself so he will maintain them against any opposition though with the hazzard of his own being And he hopes not onely their Loyalty and good affection will concur with him in preserving a good understanding between him and his people but at this time the bleeding condition of Ireland will invite them to unity for Relief of that unhappy Kingdom to which he hath lately offered to raise ten thousand English Voluntiers for that Service though it hath been most falsly whispered the want of alacrity in him which he acknowledges a high crime to Almighty God if he should be guilty thereof And conjures all his good Subjects of what degree soever by the Bonds of Love Duty Obedience to remove all Doubts and Fears and then if the sins of this Nation have not prepared an inevitable Iudgment for us all God will yet make him a glorious King over a free and happy People During this time the loose people of the City and the Mechanick sort of Prentices were encouraged by the Ministers Lecturers and other incendiaries in tumultary manner to come down to Westminster and by the way at Whitehal to be insolent in words and actions which caused the King to command the Major to call a common Council to receave his Majesties pleasure which was then brought by the Chancellor of the Duchy To signifie to them the late riotous assembly of people about his Palaces of Whitehal and Westminster and commands their care to prevent the like especially these ensuing holidaies or that by the late loyal affections of the City to him he cannot understand it of them to have any share therein but only the unruly people of the suburbs and as he is confident of their affections so he bids them be assured of his care and protection not to be disturbed by jealousies and fears Hereupon a double watch and guard kept the rabble in some Order And though the Houses kept Christmas at Westminster having much business and doing very little to the Kings desires He again sends a Message to the Lords House by the Lord Chamberlaine the eight and twentieth of December That being sensible of the miseries of Ireland and yet the succours so slow he will as he hath offered raise 10000. Voluntiers if the Commons will undertake to pay them And to express his detestation of that Rebellioâ— and the care that he hath of suppressing their Insolencies He publishes this Manifesto the first of Ianuary By the King Whereas divers lewd and wicked persons have of late risen in Rebellion in our Kingdome of Ireland in surprizing our Forts Garisons Arms and Munition disposessed many good subjects of the British Nations and Protestants of their Houses Lands and goods Massacred multitudes of them c. we do therefore declare our just indignation thereof and denounce them Rebells and Traitors with all such as adhere and abet them Commanding them immediately to lay down their Arms. Having authorized his Iustices of Ireland and other his Governour Governours General or Lieutenant General of his Army there to prosecute them with fire and sword and to be countenanced and supported by him and his powerful succours assisted by his good subjects of England and this his royal pleasure he commands his Iustices and other his Officers there to proclaim throughout the Kingdom of Ireland The King having intelligence of some high misdemeanours of suâ—dry of the Members of the Commons House and setting a narrow watch and spies upon their private meetings found that a Junto of them had designed a correspondence with the Scots and countenanced these late Tumults from the City He commanded Sir William Killegrew and Sir William Fleming by warrant to repair unto the Lodgings of several persons Members of the House of Commons to seale up their Trunks Studies and Chambers by name the Lord Kimbolton Iohn Pym Iohn Hambden Denzil Hollis Sir Arthur Hasserig and William Strode but whether that they had timely notice their persons were not to be met with but their Truncks and papers were seized and whilst a doing the House hears of it and instantly vote Die Lunae Ianuary 3. 1641. That if any person whatsoever shall come to the Lodgings of any Member of this House and then offer to seale the Truncks doores or papers of either of them or seize upon their persons such Members shall require the aid of the Constable to keep such persons in safe custody till This House do give further Order And that if any person whatsoever shall offer to arrest or detain the person of any Member without first
acquainting this House That it is lawful for such Member or any person to assist him and to stand upon his or their guard of defence and to make a resistance according to the Protestation taken to defend the priviledges of Parliament The King being put to it hastens Articles of High Treason and other misdemeanours against those five Members 1. That they have trayterously indeavoured to subvert the fundamental Laws and Government of this Kingdom and deprive the King of his legal power and to place on Subjects an Arbitrary and tyrannical power 2. That they have endeavoured by many foul Aspersions upon his Majesty and his Government to alienate the affections of his people and to make his Majesty odious unto them 3. That they have indeavoured to draw his Majesties late Army to disobedience to his Majesties command and to side with them in their trayterous designes 4. That they have trayterously invited and encouraged a foreign power to invade his Majesties Kingdom of England 5. That they have trayterously indeavoured to subvert the very rights and being of Parliament 6. That for the compleating of their trayterous design they have endeavoured as far as in them lay by force and terrour to compel the Parliament to joyn with them in their trayterous designs and to that end have actually raised and countenanced Tumults against the King and Parliament 7. That they have trayterously conspired to levy and actually have levyed war against the King And being told of the vote of the Commons against the seizure or arrest of their persons by any of his Officers he the next day in the morning repaires to the house himself with his guard of Pensioners and such of his Courtiers at hand intending to seize the persons of the five Members sitting in Parliament The door no sooner opened at his hasty knock but he enters commanding his guard to attend without This suddain assult upon the House amazed the whole body but the five Members having timely warning were fled into London The Speaker arises with all humility whilst the King views the House round and then sits down and tells them the fourth of Ianuary Gentlemen I am sorry for this occasion for coming unto you Yesterday I sent a Serjeant at Arms upon a very important occasion to apprehend some that upon my command were accused of High Treason whereunto I did expect obedience and not a message And I must declare unto you here That albeit that no King that ever was in England shall be more careful of the Priviledges to maintain them to the uttermost of his power than I shall bee Yet you must know that in cases of Treason no person hath a priviledge And therefore I am come to know if any of those persons that I have accused for no slight crime but for Treason are here I cannot expect that this House can be in the right way that I do heartily wish it Therefore I am come to tell you that I must have them wheresoever I find them and with that he casts his eye again round about Well sithence saies he I see all the birds are flowen I do expect from you that you shall send them to me assoon as they return hither But I assure you in the word of a King I never did intend any force but shall prosecute against them in a legal and faire way for I never meant any other And now sithence I see I cannot do what I came for I thinke this no unfit occasion to repeat what I have said formerly that whatsoever I have don in favour and to the good of my Subjects I do mean to maintain it I will trouble you no more but tell you I do expect as soon as they come to the House you will send them to me otherwise I must take my own course to find them The King no sooner gon out but the House was in an uproar that the King might hear them Priviledge Priviledge never such an unparelled action of a King to the breach of all freedom not only in the accusation of their Members former ransacking and searching of their studies and papers and intentionally their persons but now in an hostile way for the King to threaten the whole body they resolve and the next day vote this solemn Ordinance Die Mercurii the fifth of Ianuary Whereas his Majesty in his royal person yesterday did come to the House of Commons attended with a great Multitude of Men armed in warlike manner with Halberts Swords and Pistols who came up to the very Door of the House and placed themselves there and in other places and passages near to the House to the great terrour and disturbance of the Members thereof then sitting and according to their Duty in a peaceable and orderly manner treating of the affairs of both Kingdoms of England and Ireland And his Majesty having placed himself in the Speakers Chair did demand the persons of divers Members of the House to be delivered unto him It is this Day declared c. that the same is the high Breach of the Privileges of Parliament and inconsistent to the liberty and freedom thereof And therefore this House doth conceive they cannot with the safety of their own persons or the indemnity of the Rights and Privileges of Parliament sit here any longer without a full vindication of so high a Breach and a sufficient Guard wherein they may confide for which both Houses joyntly and this House by it self have been humble Suiters to his Majesty and cannot as yet obtain Notwithstanding which this House being very sensible of the greatest trust reposed in them and especially at this time the manifold Distractions of this Kingdom and the lamentable and distracted condition of the Kingdom of Ireland doth order that this House shall be adjourned untill Tuesday next at one of the clock in the afternoon and that a Committee be named by this House and all that will come shall have Voices which shall sit in the Guild-hall in the City of London to morrow morning at nine of the clock and shall have power to consider and resolve of all things that may concern the good and safety of the City and Kingdom and particularly how our Privileges may be vindicated and our persons secured and to consider of the affairs of the Kingdom of Ireland and shall have power to consult and advise with any person or persons touching the premises and shall have power to send for parties witnesses papers and Records And it is further ordered that the Committees for the Irish affairs shall meet at the Guild-hall aforesaid at what time they shall think fit and consult and do touching the affairs of Ireland according to the power formerly given them by this House And both the said Committees shall report the results of their consideration and resolution to this House Nor would this Preparation towards their Vindication serve their turn unless they do publish to the World the late high Contempt
but three Days before at Guild-hall satisfied most of these Particulars yet he was pleased to return them an Answer That he cannot possibly express a greater sense of Ireland than he hath done and hopes by assistance of the Parliament may be effected to which he will contribute all his power And he hath removed a Servant of good trust and reputation from the charge of the Tower onely to satisfie the Cities Fears whose safety is as his own And for the fortifying of White-hall they must needs know of the Tumult there and at Westminster his own person endangered and if any Citizens were wounded it happened by their own corrupt Demeanours That his going to the House of Commons with his Attendance onely nor otherwise armed but as Gentlemen with Swords was to apprehend those five Members for Treason to which the Privileges of Parliament can extend nor to Felony nor Breach of the Peace against whom his Majesty intends lawfully to proceed with justice and favour And is confident that this his extraordinary way of satisfying a Petition of so unusual a nature will appear to be the greatest Instance of his clear Intentions to the Citie c. And because the proceedings against the five Members as they are numbered besides Kimbolton begat much Dispute and willing the King was to retrive his former Actings therein is now pleased by Mâ—ssage to both Houses to wave his former proceedings in reference to the Privileges of Parliament and all Doubts being thereby settled when the mindes of men are composed he will proceed thereupon in an unquestionable way and upon all occasions be carefull of their Privileges as of his Life or Crown But the House was hot upon it to dispatch the business to some issue and to that end the County of Bucks petition the King for Iohn Hambden their Knight of the Shire against whom and other Members in the manner of their Impeachment of Treason they conceive it to oppugn the Rights of Parliament being rather by the malice of their Enemies than their Deserts the Petitioners and others being through their sides wounded in their judgment and care by whose choice they were presented And pray that Master Hambden and the rest that ly under the burden or Accusation may enjoy their just Privilâ—ges But such increase and Numbers of ordinary people flocked tumultuously about White-hall and Westminster that the King Queen Prince and Duke of York were forced for security of their persons to retâ—re to Hampton Court being necessitated to consider of sufficient Forces about his Court as a Guard To whose aid came divers of the Gentry giving some cause of suspition to increase into a Number which the Parliament jealously considered And therefore now the King being in better leisure takes some time before he gives Answer to the Buckingham Petition concerning the five Members who were guarded to Westminster by Water with hundreds of Boats Barges Flags of Triumph by the Seamen and a Rabble of such other by Land braving and threatning as they passed by Whitehall Hereupon occasion is given to offer to the view of the World what were the Kings Reasons to retire from Westminster by his own Relation With what willingness says the King I with-drew from Westminster let them judg who unprovided of tackling and victual are forced to Sea by Storm yet better do so than venture splitting or sinking on a Lee-shore I staied at White-hall till I was driven away by shame more than fear to see the barbarous rudeness of those Tumults who resolved they would take the boldness to demand anie thing and not leave either my self or the Members of Parliament the libertie of our Reason and Conscience to denie them anie thing Nor was this intolerable oppression my case alone though chiefly mine for the Lords and Commons might be content to be over-voted by the major part of their Houses when they had used each their own freedom Whose agreeing Votes were not by anie Law or Reason conclusive to my Iudgment nor can they include or carrie with them my consent whom they represent not in anie kinde Nor am I further bound to agree with the Votes of both Houses than I see them agree with the will of God with my just Rights as a King and the general good of my People I see that as many men they are seldom of one minde and I may oft see that the major part of them are not in the right I had formerly declared to sober and moderate mindes how desirous I was to give all just content when I agreed to so many Bills which had been enough to secure and satisfie all If some mens Hydropick insatiableness had not learned to thirst the more by how much the more they drank whom no fountain of royal bountie was able to overcome so resolved they seemed either utterly to exhaust it or barbarously to obstruct it Sure it ceases to be Counsel when not Reason is used as to men to perswade but force and terrour as to beasts to drive and compell men to assent to whatever tumultuarie patrons shall project He deserves to be a slave without pitie or redemption that is content to have the rational Sovereigntie of his Soul and Libertie of his Will and Words so captivated Nor do I think my Kingdoms so considerable as to preserve them with the forfeiture of that freedom which cannot be denied me as a King because it belongs to me as a Man and a Christian owning the Dictates of none but God to be above me as obliging me to consent Better for me to die enjoying this Empire of my Soul which subjects me onely to God so far as by Reason or Religion he directs me than live with the Title of a King if it should carrie such a Vassallage with it as not to suffer me to use my Reason and Conscience in what I declare as a King to like or dislike So far am I from thinking the Majestie of the Crown of England to be bound by anie Coronation-Oath in a blinde and brutish formalitie to consent to whatever its subjects in Parliament shall require as some men will needs infer while denying me anie power of a Negative Voice as King they are not ashamed to seek to deprive me of the Libertie of using my Reason with a good Conscience which themselves and all the Commons of England enjoie proportionable to their influence on the Publick who would take it verie ill to be urged not to denie whatever my self as King or the House of Peers with me should not so much desire as enjoin them to pass I think my Oath fully discharged in that point by my Governing onely by such Laws as my People with the House of Peers have chosen and my self have consented to I shall never think my self conscienciously tied to go as oft against my Conscience as I should consent to such new Proposals which my Reason in Iustice Honour and Religion bids me
denie Yet so tender I see some men are of their being subject to Arbitrarie Government that is the Law of anothers will to which themselves give no consent that they care not with how much Dishonour and Absurditie they make the King the onely man that must be subject to the will of others without having power left him to use his own Reason either in person or by anie Representation And if my Dissentings aâ— anie time were as some have suspected and uncharitably avowed out of errour opinionativeness weakness or wilfulness and what they call Obstinacie in me which not true judgment of things but some vehement prejudice or passion hath fixed on my minde yet can no man think it other than the Badg and Method of Slaverie by savage rudeness and importunate obtrusions of violence to have the mist of his errour and passion dispelled which is a shadow of Reason and must serve those that are destitute of the substance Sure that man cannot be blameable to God or Man who seriously endeavours to see the best reason of things and faithfully follows what he takes for Reason The uprightness of his intentions will excuse the possible failings of his understanding If a Pilot at Sea cannot see the Pole-star it can be no fault in him to steer his course by such Stars as do best appear to him It argues rather those men to be conscious of their Defects of Reason and convincing Arguments who call in the assistance of meer force to carrie on the weakness of their Counsels and Proposals I may in the truth and uprightness of my heart protest before God and Men that I never wilfully opposed or denied anie thing that was in a fair way after full and free Debates propounded to me by the two Houses further than I thought in good Reason I might and was bound to do Nor did anie thing ever please me more than when my Iudgment so concurred with theirs that I might with good Conscience consent to them yea in many thing where not absolute and moral necessitie of Reason but temporarie convenience in point of Honour was to be considered I chose rather to denie my self than them as preferring that which they thought necessarie for my Peoples good before what I saw but convenient for my self For I can be content to recede much from mine own Interests and personal Rights of which I conceive my self to be Master but in what concerns Truth Iustice the Rights of the Church and my Crown together with the general good of my Kingdoms which I am bound to preserve as much as morally lies in me here I am and ever shall be fixt and resolute nor shall any man gain my consent to that wherein my Heart gives my Tongue or Hand the Lie nor will I be brought to affirm that to men which in my Conscience I denie before God I will rather chuse to wear a Crown of Thorns with my Saviour than to exchange that of Gold which is due to me for one of Lead whose embased flexibleness shall be forced to bend and complie to the various and oft-contrarie Dictates of anie Factions when in stead of Reason and publick concernments they obtrude nothing but what makes for the Interest of parties and flows from the partialittes of private Wills and Passions I know no Resolutions more worthie a Christian King than to prefer his Conscience before his Kingdoms And now the King is pleased to give the like Answer to the Buckingham Petition as was his late Message to the Parliament to which he refers them and therein so to proceed against the five Members as that it shall appear he had sufficient cause to question however he conceives that their Crimes cannot reflect upon those good Subjects that elected Master Hambden or the others to serve in Parliament But the Parliament in some doubt of the issue and effect of the Kings Design at Windsor and not willing to trust him in Arms before they might be as ready to encounter upon information of Troops of Horse to be gathered by the Lord Digby and Colonel Lunsford at Kingston where the County Magazine is lodged They order that the Sheriffs of the several Counties of England and Wales with the assistance of the Justices of Peace and the Trained Bands shall suppress all unlawfull Assemblies and that they take care to secure the Counties and their Magazines in them and to be published in all Market-towns Iune 14. And Lunsford was seized and sent to the Tower but Digby escaped beyond Seas All that the King could do to appease the wrath of the Parliament concerning the impeached Members by waving all Proceedings and no doubt quite declining away further prosecution This not satisfying to their spirits and the Court removed to Roiston the Commons fall upon the Attourney General Sir Edward Herbert being summoned to appear at the Lords Bar he is interrogated by a Committee of Commons Question Whether he did contrive frame or advise the said seven Articles against the impeached Members Answer He did not in any of the three or all Question Do you know the truth of these Articles or anie of them or by Information Answer He knows nothing of the truth nor was informed but by his Master the King Question Will you make good these Articles if required by course of Law Answer He cannot otherwise than the King shall command and enable him Question From whom had you these Articles and by whose advice did you exhibit them Answer It was the Kings express command from whose hand he received them Question Whether had you any Testimonie or Proof of these Article before the exhibiting of them Answer For the exhibiting he had the Kings command To which Answer Serjeant Wilde replied The House of Commons desires to know whether you had any Proof or Testimonie or any Information of any Proof of them Answer To this he desired time to consider in regard of a Trust between a Master and Servant This not yet satisfactory because so general the House of Commons resolve That he hath broken the Privilege of Parliament in preferring the Articles illegal and he is criminous and that a Charge be sent up to the Lords against him for satisfaction of this great Scandal unless by Thursday next he prove the Articles against any of them Jan. 15. The Parliament finding the King in good earnest and resolving to hasten the business to an issue and therefore both Houses petition him to give end to their humble Desires either to discharge the accused Members or to proceed judicially against them according to the Privilege and use of Parliament in such Cases observed and this was posted to him by the Earl of Newport and the Lord Seymer Ian. 21. The King by Letter returns Answer That finding his first mistake in the way of his proceeding which hath caused some Delaies for to be informed in what order to put the same and till then he thinks not fit to discover his
Proofs and therefore to avoid more Mistakes that it be resolved whether his Majestie be bound in respect of Privileges to proceed by Impeachment in Parliament or be at libertie to proffer an Inditement at the Common Law or to have his choice in either thereupon he will speedily give Direction to proceed to the business Jan. 24. The Attourney General in fear to be grinded between these Disputes and finding his the hardest bargain supplicates the King for his Authority to take him off which he did by his Letter to the Lord Keeper from Roiston the fourth of March. Certifying That the third of January last he did deliver to the Attourney General certain Articles of Accusation ingrossed in Paper the Câ—pie being inclosed and commanded him to acquaint the house of Peers That divers great and treasonable Designs against Us and the State had come to the Kings knowledg of which he was commanded to accuse those six Persons of high Treason by delivering the Paper to them and to desire to have it read and that a Committee of Lords might examine such Witnesses as the King would produce and they to be under a command of secrecie and for the King to add or alter if there be cause And declares the Attourney General clear as to his Answer And had he refused the Kings command herein he would have questioned him for Breach of Oath Dutie and Trust to which he was obliged This as to the truth and the Attourneys defence but being weary of the business and finding no relief to be expected nor leave to proceed in his way against them he adds a clause to the Letter But having declared that we finde cause wholly to desist from proceeding against the Persons accused we have commanded our Attourney General to proceed no further there nor to produce nor discover any Proof concerning the same And so this Breach between the King and Parliament was stitched up but the Seam not well sewed the Rent grew the wider and either party more nicely concerning Prerogative and Privileges And because this Action of the Kings was often taken up as a Breach of Privilege unpardonable we may examine the Kings Reasons from his own Relation in his Eikon Basilike cap. 3. My going to the House of Commons says the King to demand Iustice upon the five Members was an act which mine Enemies loaded with all the obloquies and exasperations they could I filled indifferent men with great Iealousies and Fears yea and manie of my Friends resented it as a motion rising rather from Passion than from Reason and not guided with such Discretion as the touchiness of those Times required But these men knew not the just Motives and pregnant Grounds with which I thought my self so furnished that there needed nothing to such Evidence as I could have produced against those I charged save onely a free and legal Trial which was all I desired Nor had I anie temptation of Displeasure or Revenge against those mens Persons further than I had discovered those as I thought unlawfull correspondencies they had used and engagements they had made to embroil my Kingdoms of all which I missed but little to have produced Writings under some mens own hands who were the chief Contrivers of the following Innovations Providence would not have it so yet I wanted not such Probabilitie as were sufficient to raise Iealousies in anie Kings heart who is not wholly stupid and neglective of the publick Peace which to preserve by calling in question half a Dozen men in a fair and legal way which God knows was all my Design could have amounted to no worse effect had it succeeded than either to do me and my Kingdoms right in case they had been found guiltie or else to have cleared their Innocencie and removed my suspition which as they were not raised out of any malice so neither were they in Reason to be smothered What Flames of Discontent this spark though I sought by all speedie and possible means to quench it soon kindled all the World is witness The aspersion which some men cast upon that Action as if I had designed by force to assault the House of Commons and invade their Privilege is so false that as God best knows I had no such intent so none that attended could justly gather from anie thing I then said or did the least intimation of anie such thoughts That I went attended with some Gentlemen as it was no unwonted thing for the Majestie and safetie of a King so to be attended especially in discontented times so were my Followers at that time short of mine ordinarie Guard and no waie proportionable to hazzard a tumultuarie Conflict Nor were they more scared at my coming than I was unassured of not having some Affronts cast upon me if I had none with me to preserve a reverence to me for many people had at that time learned to think those hard thoughts which they have since abundantly vented against me both by Words and Deeds The Sum of that Business was this Those men and their Adherents were then looked upon by the affrighted Vulgar as greater Protectours of their Laws and Liberties than my self and worthier of their protection I leave them to God and their own Consciences who if guiltie of evil machinations no present impunitie or popular vindications of them will be subterfuge sufficient to rescue them from those exact Tribunals To which in the obstructions of Iustice among men we must religiously appeal as being an Argument to us Christians of that after-unavoidable Iudgment which shall rejudg what among men is but corruptly decided or not at all I endeavoured to have prevented if God had seen sit those future Commotions which I fore-saw would in all likelihood follow some mens activitie if not restrained and so now hath done to the undoing of many thousands the more is the pitie But to over-aw the freedom of the Houses or to weaken their just Authoritie by anie violent impressions upon them was not at all my Design I thought I had so much Iustice and Reason on my side as should not have needed so rough assistance and I was resolved rather to bear the Repulse with patience than to use such hazzardous Extremities The King evermore very sensible of the necessity of State proposeth unto them to consider of all those particulars necessary for his Majesties just Right and regal Authority and for settling of his Revenue And as for the settlement of their Privileges free enjoyment of their Estates the liberties of their persons the security of Religion and the settling of Ceremonies in the Church as may take away all just offence which when they shall have digested it shall then appear what his Majesty shall do protesting his innocency from intending any Design to cause their Fears or Jealousies and how ready he will be to exceed the greatest Examples of the most indulgent Princes to their People and calls Heaven and Earth God and Man to
of a known Fortune and unquestionable Reputation wonders that he should be pressed to remove him without any particular Charge objected against him and therefore untill some just Exception be he is obliged to preserve his own work lest his favour and good opinion become a mis-fortune to his Servants As for his Forts and Castles of this Kingdom they shall alwaies remain in such hands as the Parliament may conâ—ide in which being the inseperable Flowers of the Crown vested in him derivative from his Ancestours by the Fuâ—damental Laws of the Kingdom he will reserve to himself and to bestow them as their Eminencie shall not be disproved by his Parliament For the Militia which by Law is subject to no command but his own when any particular course shall be digested by them for ordering the same inreference to his honour and safetie of the Kingdom He will then return to them a satisfactorie Answer therein And that he having granted to them more than ever any King hath done they will not ask more than ever any Subjects have desired And therefore conjures them by all the Acts of Dutie and Favour which they have received by their hopes of future happiness by their love of Religion and peace of the Kingdom in which that of Ireland cannot be forgotten That they will not be transported by unâ—â—cessarie Iealousies and Fears but that they will speedily pursue the proposed way by his former Messages to compose the Distractions of this Kingdom Nor was this satisfactory but that again they petition for the same and for his Majesties speedy and gracious Answer To which the King not over-hasty to resolve or rather not to alter from his former Resolutions therein The old way of Petitions are set on work from all Counties From the County of Suffâ—lk to the number of 1500. against the Votes of Popish Lords and Bishops in the House of Peers Ian. 31. and were answered approving their care and endeavour for the publick good with promise that the House of Commons will use their endeavour for their Desires Another Petition of 2000. Mechanicks Tradesmen about London to the same effect And were answered that the House of Commons were just now in consideration thereof The People were taught to reply that they doubted not the care of the Commons House but they were told that all their Distrust was in the House of Lords where the Popish Lords and Bâ—shops had the greatest power and there it stuck whose Names they desired to know and were so earnest that unwillingly they would withdraw whilest it was debated And afterwards had this Answer That the House of Commons had already endeavoured Relief from the Lords in their Requests and shall so continue till Redress be obtained And at the tail of these the City Dames accompanied a Petition to the like effects and were heartily treated for their care of the common good The second of February the House of Commons sent for Sir Edward Dearing one of their Members and examined him concerning his Book of all his Speeches this Parliament and some intended to be spoken in which some Particulars thereâ—n tended to the dishonour of that House and their Privileges for which he was excluded the House and his Book to be burnt at Westminster Cheapside and Smithfield and he committed to the Tower during pleasure The Committee met at Merchant-tailors Hall upon the Bill for raising four hundred thousand pounds for Ireland which was afterwaâ—ds effected but very little thereof sent to their succour A Message was sent from the Lords to the Commons that they had passed the Bill for disabling all persons in holy Orders to have any Place or Vote in Parliament or to exercise any temporal Jurisdiction which receiving some Amendments voted in the House of Commons the Bills were carried up by Sir Robert Harley to the Lords with high expressions of the Commons joy for the even Agreement and their Desire to the Lords to hasten the Bill for the King to pass But not to let him take breath for his second Answer hereto and being sensible that their five Members are lodged under the obloquy of Delinquency and under the Charge of high Treason both Houses once again petition that they may be informed within two Days what proof there is against them that they may be called to a legal Trial it being their undoubted Right that no Member of Parliament can be proceeded against without the consent of Parliament Febr. 2. And to these two Petitions presented both in a Day they receive this Answer That to the first of them when he shall know the extent of power which is extended to be established in those persons to be Commanders of the Forts and Militia and to what time limited no power shall be limited no power shall be executed by his Majestie alone without advice of Parliament so that they declare them such by Names whom he shall have just cause to refuse And to the other Petition That as he once conceived he had ground enough to accuse them so now he findes as good cause wholly to desert any prosecution of them And lest some of his Subjects may be involved in some unknowing and unwilling Errours he is ready to grant such a free and general pardon as his Parliament shall think convenient And now the Parliament considers the Kings Resolution in both those Petitions not to intrust the power of the Militia out of himself nor otherwise to clear Kimbolton and the five Members but inclusive by a general Pardon which they utterly refuse These two Demands of the Parliament necessarily depending each of the other the breach of Privileges giving them just cause of Fears and Jealousies to what excess the Kings will to do and power to execute might increase In these two therefore they as violently resolve to binde his hands and never left him till he was forced to take his leave of them which so daily follows But to prepare his affairs to his own intentions he resolves to send the Queen out of the Danger who was lately scared with a Report that the Parliament had an intent to accuse her of high Treason and that Articles were drawn up to that purpose which the Parliament excuse as a publick Scandal upon them To which she mildly makes answer That there was a general Report thereof but she never saw any Articles in writing and having no certain Authour for either she gave little credit thereto nor will she believe that they would lay any Aspersion upon her who hath ever been very unapt to mis-conster the Actions of any one person and much more the proceedings of Parliament and shall at all times wish an happy understanding between the King and his People In truth there had not been onely a Rumour abroad but a dangerous conceit that the Queen had so much power with the King as to mis-advise him and had she not resolved to be gone aside they did intend to drive her away
all Irish Papists many of the chief Commanders now in the Head of the Rebells have been licensed to pass thither by his Majesties immediate Warrant His Majesty therefore having used all possible ways to prevent it he would be resolved if this Speech were so delivered by Master Pym that they review upon what information it was grounded and so to be found false and the King injured or the King to be assured by whose means his Authority has been so highly abused as to be made to conduce to the assistance of that abhorred Rebellion and so to see himself vindicated Febr. 7. To this Message they justifie the Authour Master Pym what he said to be the sense of the House and ordered to be printed and that they are so advertised had your Majesties Warrant and that some others have been staid and are yet in safe custody and named these to be the Lord Delvin and four others in his company and one supposed to be a Priest Colonel Butler Brother to the Lord Miniard now in Rebellion and Sir George Hamilton all Papists and another the Son of the Lord Nettersfield whose Father and Brother are now in Rebellion And are sorry that his Majesties extreme caution therein hath been so ill seconded by his Ministers of which they beseech him to prevent the future dishonour to his Majesty and mischief to the Kingdom Febr. 10. To this the King replies Whether such a general Advertising be ground enough for Master Pym's Speech and their positive Affirmation and challenges them to name any so warranted which he is assured that they cannot and bids them lay it to heart how this their Authority may trench upon his Honour in the affections of his good people as if not sensible enough of that Rebellion so horrid and odious to all good Christians by which in this Distraction what Danger may possibly ensue to his person and estate and therefore expects their Declaration to vindicate his Innocency and Honour And as for the Persons named Butler and Nettersfield had their Passes of his Majesty in Scotland long before any Restraint here being assured of Butler's loyal affection to his service and Uncle to the Earl of Ormond approved faithfull and both Protestants and of Nettersfield there never had been any the least suspition Nor did the King know of their Order of Restraint till Hamilton's stay who was the last that had any Licence And if any had been Papists yet of known integrity they may remember that the Lords Justices of Ireland declared in their Letters that they were so far from owning a publick Jealousie of all Papists that they had armed divers Noble-men of the Pale that were Papists and therefore expects their Declaration for his Vindication as in Duty and Justice they ought to do This he required but that they would not do and the King must sit down by the loss and rest so satisfied Nay they never left clamouring till he had turned out Sir Iohn Byron and put in Sir Iohn Coniers at their Nomination to be Lieutenant of the Tower of London And then they proceed to their Nomination of several fit persons for Trust of the Militia in their respective Counties And passes an Act for disabling all persons in Holy Orders to exercise any Temporal Jurisdiction or Authority as if no men of Religion were fit to do Justice He tells them by Message that to satisfie and compose all Distempers he will by Proclamation require all Statutes concerning Recusants to be put in execution That the seven condemned Priests shall be banished and all Romish Priests within twenty Days to depart the Kingdom That he refers the consideration of the Government and Lituâ—gie of the Church wholly to the Houses And offers himself in person to the Irish War Again the Parliament are at their five Members and Lords and Commons petition that though your Majestie â—inde cause to desert their Prosecution yet in their Charge the whole Parliament is imputed and therefore desire the King to send the Informers against the said Members with their suggestions to the Parliament to be proceeded as in 37 38 Edward 3. Thus forward they are and the Parliament begin to ordain the power of the Militia for safeguard of the Parliament Tower and City of London under the Command of Serjeant Major General Skippon approving all his Orders and Commands already therein by former Directions and now they establish him therein declaring that if any person shall arrest or trouble him for so doing he doth break the Privâ—leges of Parliament violate the Liberty of the Subject and is thereby declared an Enemy to the Common-wealth No more mention of King or Kingdom And they petition him to settle the Militia according to their Nomination of particular persons in Trust therein for all the several Counties To which the King respites till his Return being now to conduct the Queen and the Princess Mary to Dover for their Voyage into Holland Which they answer is as unsatisfactory as an absolute Denial pretending that the Irish endeavour to invade England with assistance of the Papists here Febr. 22. The Lord Digby for some passages heretofore to prevent the Censure of the Parliament was fled beyond Seas and had written three Letters one to the Queen and two others to Secretary Nicholas and Sir Lewis Dives which the Parliament intercepting and opening very maliciously â—omenting the Jealousie between the King and his People therefore upon the Desire of the King for that Letter to the Queen they send hâ—m all three with their prayers for the King to perswade her Majesty not to correspond with him or any other Fugitive or Traitours who depend on the Examination and Judgment of Parliament The King now returned from Dover from whence the Queen and the Princess Mary voyaged to Hâ—lland where she was to negotiate Forreign Aid and Assistance for the Kings Designs being too hot for him to remain at London sends to Hampton Court for the Prince to meet him at Greenwich wherein the Parliament were surprised as now doubting the effect and therefore send a Message thâ—t the Prince his Removal may be a cause to promote Jealousies and Fears which they conceive very necessary to avoid but could not prevail to prevent it The Parliament havâ—ng now the Militia the security of the Tower and City of London Trained Bands of the Kingdom and all the Forces out of the Kings hands they begin to think upon Propositions of themselves for reducing the Rebells of Ireland and order That two Millions and an half of those Acres to be confiscate of Rebells Lands in four Provinces may be allotted to such persons as will disburse Moneys for mannaging that War viz. For each Adventure of Two hundred pounds one thousand Acres in Ulster Three hundred pounds one thousand Acres in Connaught Four hundred and fifty pounds one thousand Acres in Munster Six hundred pounds one thousand Acres in Lemster All English Measure Medow Arable
and profitable Pasture Bogs Woods and barren Mountains cast in over and above in free and common Soccage of the King as of his Castle of Dublin Secondly that out of those Acres a constant Rent to be reserved to the Crown of England in this proportion Out of each Acre thereof in Ulster one penny Connaught one penny half penny Munster two pence farthing Lemster three pence Thirdly that for erecting Mannours creating Corporations regulating of Plantations Commissioners shall be impowred by Parliament Fourthly all Undertakers to subscribe before several Days prefixt in reference to the distance of abode from London Fifthly their Moneys to be paid into the Chamber of London at four payments viz. a fourth part in ten Days after subsigning and the third payment at thrice three Moneths Sixthly at subsigning to pay down the twentieth part of his total Sum and if he fail of his residue of the first fourth part within ten Days he shall forfeit the twentieth part of the total deposited and so much more of his fourth payment to be added thereto as shall make up the one Moiety of the said first payment And if he fail in any other of the three payments he shall then forfeit his entire first fourth part and all his Subscription to accrue to the common benefit of the rest of the Undertakers which the King confirms Febr. 26. And the Committee of Members issue out their Warrants We the Committee appointed to receive the Moneys given by the Members of the House of Commons for the Relief of the distressed that are come out of Ireland require you to send a Certificate of what Sums of Money are collected in your Parish and the Moneys to us who are appointed to receive the same It is marvellous what Contributions were gleaned from the people by the prevailing Incitements of the Ministers such whining for the distressed Brethren of Ireland what vast Sums collected at every Church-doors and paid and how disposed is yet very doubtfull but how much or little the Members themselves did contribute mine eâ—s were never witness nor could I ever learn The Parliament thus forward in power press the King to confirm the Ordinance of the Militia To which the King now returned to Greenwich sends this Answer commanding the Lord Keeper Littleton to see it read to the House of Peers Febr. 28. He first findes great cause to except against the Preface which confesseth a most dangerous Design upon the House of Commons supposed to be an effect of the bloudy counsels of Papists which some may understand by their printed Papers to be his coming in person the fourth of Ianuary to demand the five Members In which he had no other Design than to require them to justice without any intent of violation upon any person nor was there any provocation by any of his Train As for the Militia he is contented to allow the persons named for the Counties but concerning the City of London and other Corporations it can not stand with justice or policy to alter their Government in that particular but will grant to them such Commâ—ssions as he hath done this Parliament to other Lieutenants or otherwiâ—e he shall do it than to have it first by some Law invested in him with power to transfer it to others and to be digested into an Act of Parliament rather than an Ordinance lest there be a latitude for his good Subjects to suffer under any arbitrary power whatsoever As to the time for continuance of that power he cannot consent to divest hâ—mâ—elf of the power which God and the Laws have placed in him to put it into the hands of others for an indefinite time And sinâ—â— the ground of their Designs refers to their Jealousies and Feaâ— he hopeth that his grace to them since the former Exceptions â—s sufficient to expell any fear from former suspitions And since he is willing to condescend to all their Proposals concerning the County Militia onely excepting that of London and other Corporations which will be more satisfactory if the Parliament weigh it well than their own Proposals by an Ordinance to which for these Reasons he cannot consent And because he perceives that in some places some persons begin to intermeddle of themselves with the Militia he expecteth that his Parliament should examine the particulars thereof being of great concernment and consequence and to be proceeded against according to Law And now it working very high the King takes leave of these parts and progresseth to Theobalds declining this place and his Parliament Nor are they willing to stay him being that his absence would contribute to their intentions yet thither they follow him with a Petition rather to put him forward than to recall him Therein protesting that if his Majesty persist in the Denial of the Militia the Dangers are such as will endure no longer Delay but to dispose of it by Authority of Parliament and resolve so to do as it hath been by them propounded And that for the safety of his person and people in much Jealousie and Fear he will be pleased to continue his abode near London and the Parliament and to continue the Prince at Saint Iames's or any other Houses near London to prevent the Jealousies and Fears of the people That by the Laws of the Realm the power of the Militia of raising ordering and disposing thereof in any place cannot be granted to any Corporation by Charter or otherwise without consent of Parliament and that those parts of the Kingdom that have put themselves in a posture of Defence have done it by Declaration and Direction of Parliament March 1. The King so much confounded with the former pressing Petitions and this so peremptory to which no Answers have appeared satisfactory in much regret he suddenly replies under his own hand That he is so amazed at this Message he knows not what to answer You speak of Iealousies and Fears says he lay your hands to your hearts and ask your selves whether I may not in earnest be disturbed with Fears and Iealousies And if so I will assure you this your Message hath nothing lessened them For the Militia I thought as much before my last Answer being agreeable to what in Iustice or Reason you can ask or I in honour grant which I shall not alter in any point I wish my Residence near you might be so safe and honourable that I had no cause to absent my self from White-hall Ask your selves whether I have not I shall take that care of my Son which shall justifie me to God as a Father and to my Dominions as a King I assure you upon mine honour I have no thoughts but of Peace and Iustice to my People which I shall by all fair means seek to preserve relying upon the goodness of God for the preservation of my self and Rights This is such a style of Resolution they quickly proceed to Voting of all the particulars of their former Petitions and
the Kings Answers unsatisfactory And that the Kingdom be put into a posture of Defence in such a way as is agreed upon by Parliament and a Committee to prepare a publick Declaration from these two Heads 1. The just causes of the Fears and Iealousies given to the Parliament and to clear them from any Iealousies conceived against them 2. To consider of all matters arising from his Majesties Message and what is fit to be done A man would wonder upon what grounds they should arm by Sea and Land specially so hastily resolved as the next day March 2. Advertisements they say of extraordinary preparations by the neighbouring Princes both by Land and Sea the intentions whereof are so represented as to raise a just apprehension of sudden Danger to the King and his Kingdoms unless the wisdom of Parliament prevent it And therefore the Earl of Northumberland Admiral of England is commanded with all speed to order the Rigging of the Kings Ships and fit them immediately for the Sea And to frighten us into fear all Masters and Owners of Ships are perswaded to do the like for the emergent occasions of publick Defence In order to these the Beacons were new made up Sea-marks set up such riding posting with Pacquets whispering and Tales telling as put the people in fear of they knew not what wise men onely told the Truth discovering the Enemy wholly at home I have been as brief as may be in the business of this year and yet to satisfie the curious I cannot omit all the occasions of this miserable Eruption which follows presuming yet that this Declaration designed may be spared the recording for certainly no new matter can be invented and what hither to hath been the cause the Reader has leave to judg But not to amuse your imaginations it self must satisfie the Declaration was born to Roiston by the Earls of Pembroke and Holland He who read it to the King this Lord being raised and created to become his most secret Counsellour the most intimate in affection the first of his Bed-chamber his constant companion in all his sports and recreations even in that place and to this hour At the sight of him the Kings countenance me thought mixed into compassion and disdain as who should as Caesar did Et tu mi fili But on he went to this effect March 9. The manifold Attempts to provoke your Majesties late Armie and the Scots Armie and to raise a Faction in London and other parts the Actours having their dependence countenance and encouragement from the Court witness Jermin's Treason who was transported beyond Sea by your Majesties Warrant and that dangerous Petition delivered to Captain Leg by your Majesties own Hand with a Direction signed C. R. The false and scandalous Accusation against the Lord Kimbolton and the five Members Plotting and designing a Guard about your person labouring to infuse into the people an ill opinion of the Parliament as if to raise Arms for a Civil War in which Combustion Ireland would be lost That the Lord Digby was sent to Sir John Pennington to be landed beyond Sea to vent his traiterous conceptions for the King to retire to some place of strength offering to correspond by cyphers with the Queen as if to procure some forreign Forces to assist your Majestie answerable to your remove with the Prince as in a readiness for the acting of it Manifold Advertisements which they have from Rome Venice Paris and other parts expecting the effects of the Kings Design to alter Religion and ruine the Parliament That the Popes Nuntio hath solicited the Kings of France and Spain to lend his Majesty four thousand Men a plece to help to maintain his Royalty against the Parliament And this foreign Force the most pernicious and malignant Design of all the rest so they hope it is from his thoughts Because no man will easily believe you will give up your People and Kingdom to be spoiled by strangers if you did not likewise intend to change both your own profession in Religion and the publick profession of the Kingdom that so you might be more assured of these foreign States of the Popish Religion for the future support and defence They â—eseech his Majesty to consider how fair a way he hath to happiness honour greatness plenty security if he would but joyn with his Parliament and people in defence of the Religion and Kingdom This is all they expect from him and for which they shall return their Lives Fortunes and utmost Endeavours to support him and Sovereignty And for the present have but onely this to desire To turn away his wicked Counsellours and put his trust in Parliament At the reading of that part which mentioned Master Iermin's transportation by his Majesties Warrant the King interrupted him and said That 's false And at the business of Captain Leg he told him 'T is a Lie And at the end of all he said He was confident the Parliament had worse information than he had Councils What have I denied you The Militia said Holland That 's no Bill The other replied It was necessary Which I have not denied but in the manner His Lordship would perswade the King to come near the Parliament Have you given me cause said the King This Declaration is not the way to it and in all Aristotle's Rhetoricks there is no such Argument of perswasion Pembroke that he might say something said it over again The Parliament prays him to come to them The King told him Words were not sufficient What would you have Sir said he The King replied To whip a Boy in Westminster School that could not tell that by my Answer Then the Lord asked him to grant the Militia for a time Not an hour this was never asked of any King with which I will not trust my Wife and Children But his Majesties Answer to all was this That to their Fears and Iealousies he would take time to satisfie all the World hoping that God would in his good time discover the secrets and bottoms of all Plots and Treasons to set him upright with his people For his Fears and Doubts are not trivial while so many scandalous Pamphlets seditious Sermons sundry Tumults publick are uninquired into and unpunished He must confess his Fears calling God to witness they are the greater for the Religion for his people and for their Laws than for his own Rights or safetie of himself and yet he tells them none of these are free from Danger What would you have said he Have I violated your Laws Have I denied any one Bill What have ye done for me Have my people been transported with Fears and Apprehensions I have I offer a free pardon as your selves can devise There is a Iudgment from Heaven upon this Nation if these Distractions continue God so deal with me and mine as all my thoughts and intentions are right for the maintenance of the true Protestant profession the observation and preservation of
the Laws of this Land God bless and assist the Laws for my preservation But his complete Answer to all comes in a Declaration to the Parliament and to the people Having little encouragement to Replies of this nature when he is told of how little value his words are with them though accompanied with love and justice He disavows the having any evil Counsellours about him but leaves such to their censure where they shall finde them in the mean time they ought not to wound his Honour under the common style of Evil Counsellours He hath formerly declared his faithfull affection to the Protestant profession his whole life answerable in practise which should rather be acknowledged by them than to declare any Design of his to alter it in this Kingdom Imprecating God to be witness and that the Judgments of Heaven may be manifested upon those that have or had any such Design As for the Scots Troubles these unhappy Differences are wrapt up in perpetual silence by the Act of Oblivion passed in Parliaments of both Kingdoms which stays him from any further Reply to revive the memory of these Evils He thinks himself highly and causlesly injured in his royal Reputation to have any Declaration Action or Expression of the Irish Rebells or any Letters or strange Speeches to be uttered by such in reference to beget any mis-apprehension in the people of his justice piety and affection an evident advantage to the Rebells by raising Fears to us here and security to them there Concerning this sense of his good Subjects in Ireland what hath he not done in his Messages to both Houses offering his own person ready to adventure for their Redemption being to give an account to God for his Interest in them He calls God to witness he never had thought of any Resolution with his late Army to raise a Faction in London or to force his Parliament That Captain Leg was then lately come from the Army to White-hall with a Petition from the Officers desiring the Parliament might have no interruption in the Reformation of the Church and State to the modell of Queen Elizabeths days and for confirmation to Sir Iacob Ashley of my opinion therein I writ C. R. The Petition will satisfie if you shew it Master Iermin was gone from White-hall before the Restraint nor had he the Kings Warrant after that time fo◠〈◊〉 Lord Kimbolton and the five Members it hath been rubbed over so oft that but looking to his former Answer they will appear abundantly satisfied He had great reason to raise a Guard at White-hall to secure his own person and to receive the dutifull tender of his good Subjects service which was all he did to the Gentlemen of the Inns of Court And assures them in the word of a King that the Lord Digby had left the Court with Warrant to pass the Seas before the Vote of the House of Commons or that his absence could be excepted against As for the wilde Advertisements from Rome Venice Paris the Popes Nuntio the Kings of France and Spain which he is confident no sober man in all the Kingdom can believe that the King is so desperate so sensless to entertain such Designs to bring the Kingdom in destruction and bury his Name and Posterity in perpeal infamy And having done with his Answer somewhat he says besides interrogates them Can there yet want evidence on his part to joyn with his Parliament Hath he given no earnest but words Bids them look back upon their own Remonstrance in November last of the State of the Kingdom which valued his Acts of Grace and Iustice at so high a Rate that it declared the Kingdom a Gainer though it should charge it self by Subsidies and Poll-money six Millions of Pounds besides the contracting the Scots Demands of two hundred and twenty thousand pounds Nay more hath he not passed these Bills for the Triennial Parliament for relinquishing his Title to impose upon Merchants Goods and his power of pressing of Souldiers for suppressing the Courts of Star-chamber High Commission regulating the Council-table Are thâ—se but words The Bills for the Forests the Stannerie Courts the Clerk of the Markets the taking away the Votes of the Bishops nothing but words What greater earnest can he give than the Bill for the continuance of this Parliament the length of which he wishes may never alter the nature of Parliaments and for a perfect reconciliation with his people he offers a free Pardon Nor doth he repent but will meet them to add more with alacritie and kindness for the peace honour and prosperitie of this Nation We have heard what he hath done and his promise to do more which the common man and of the wiser sort also conceived very satisfactory I remember Master Hambden's Answer to an honest Member who demanded what they could desire more He answered To part with his power and to trust it to us And to that end they went on First by resolving or absolving the Oath of Allegeance no whit prejudiced by the Ordinance of the defence of the Kingdom That the Kings Commissions of Lieutenancy over the respective Counties are illegal and void But that their Ordinance for the Militia is to be obeyed as the Fundamental Laws of this Kingdom And that these shall be the Heads of another Declaration The King removes on his way Northward evermore looks back with a Heart eâ—rning after his People and Kingdom and at Huntington March 15. sends them this Message That he means to make his Residence at York desires them to expedite the business of Ireland and if calamities increase upon that People he shall wash his hands before all the World from imputation unto him He expects that as he hath been forward to retract any Act of his entrâ—nâ—hing upon them so he expects an equal tenderness in them towards him in an uâ—questionable Privilege and fundamental His Subjects not to be obliged to obey any Act Order or Injunction to which his Majestie hath â—ot given consent And therefore he requires that they presume not upon any pretence of Order or Ordinance to which his Majestie is not a partie of the Militia or any other thing to do or execute against the Laws he being to keep the Laws himself and his Subjects to obey them and commends unto them his Message of Jan. 20. To this they give no other Answer but resolve their former Vote of the Militia That to have their Votes questioned or contradicted is an high Breach of Privilege of Parliament and a Committee appointed to examine where and by whom this Message was counselled being suspected therefore Favourers of the Rebellion in Ireland and return Message to the King justifying their last Declaration in every particular And lest the Parliaments late proceedings should work in the people any Jealousie of the Kings inclination to favour Popery He proclames for putting the Laws in due execution against Papists Recusants at Stamford March 16. At York he
command upon a person of unquestionable sufficiencie into a Town and Fort and Magazine of his own and yet they to be so bold as to commit it without his consent to Sir John Hotham but is confident it shall be rendered to him when he is pleased to require it and so to dispose of the Magazine as shall be fitting in some proportion not altogether and hopes that they will not do here as they have done in the Militia petition him and make themselves the Carvers and tells them that if they shall attâ—mpt any thing herein without his consent he will hold it as an act of violence against him and so declare it to all the world And for the six Priests Reprieve the time being out he leaves them to the execution of the Law And refers them to Mr. Pym's Speech against the Earl of Strafford for preservation of the Law which he wishes them to peruse and not to infringe it themselves The Parliament seeing the King bent to his personal Voyage into Ireland and to dispose of affairs accordingly to put him off from that Design they petition him with Reasons not to enterprize such a Journey for the hazzard of his person and interruption of the proceedings of the Parliament here And conclude that they cannot consent to any Levies but such as they shall advise and direct if otherwise raised they must interpret it to the terrour of the people and suppress it and to refâ—se to submit to any Commissioners which the King shall chuse but to govern in his absence by consent of Parliament so praying him to desist from any such Design in the end of all they counsel him to come home to them c. It was sufficient they discovered themselves each to other for it was not likely the Parliament would trust the King with an Army that might be no boldness in them to disswade but to tell him how they would govern themselves and his people not to submit to any Commissioners in his absence that was strange indeed To which the King replies That he looks upon them as his great Council with great regard but yet upon himself as not deprived of his understanding or divested of any right he had before the Parliament sate he called them by his Writ and Authoritie to give him counsel but did not resign his interest and freedom nor will subject himself to their determinâ—tions nor hath he dissented at any time without his Reasons given with candour and conscience and however a major part may binde them in matter of opinion yet he holds himself free to dissent from them And as that part of their Petition which pretends to carry reason doth not satisfie so the other part rather reprehension and menace than advice cannot stagger him who is content to expect the event of their undertaking and care therein And for many other expressions in the Petition he forbears to take notice or to answer lest being tempted in a just indignation to express a greater passion than he is willing to put on But indeed so forward he was in the Design that the Lords Justices and Council in Ireland having a hint of his desire return his Majesty an Answer to his of the thirteenth of April inclosing his Message to his Parliament there which Letters and Message being instantly printed as it was commanded they all cast themselves at his feet for this high addition to all former gracious favours in not sparing the hazzarding of his sacred person for suppression of this hideous Rebellion rejoycing even in the midst of those calamities to receive assurance of his princely purpose therein and hold it agreeable to his resolution and their duty to acquaint him with the estate of his affairs there by Letters to Mr. Secretary Nichols That so he may appear there in that majestie which is sutable to the greatness and wisdom of a mightie King as God hath appointed him who bless him with glorie honour and eternal happiness Dublin April 23. 1642. Signed Will. Parsons Io. Burlace Justices and all the Council there This was welcome to the King and sutably they subscribe Your Majesties humble and obedient loyal and faithfull Subjects which was published here in Parliament and canvased too not with over much thanks to the Irish Commissioners and Council there who finding the Earl of Leicester their designed Deputy to be so long loitering and held so here against the Kings desire they promoved this his Majties royal undertaking with all possible instances of advantage to those Irish affairs But it must not be and so the King declining it the Parliament were put forward to their own proceedings therein which went on but lamely for a long time being retarded untill the Parliament should be better assured of the right to the Militia To which purpose a Question was started How Laws are to be understood and obeyed Which were answered and printed to the Parliaments advantage Whether the claim of the Kings disposing of the Militia be in him It was answered Rebus sic nolente Rege it is in the Parliament And the Reasons were these In Law an equitable and literal sense The King intrusted with the Militia for the people against a foreign invasion or domestick rebellion never to intrust him against themselves so that when there is an appearance of the letter against the equitie publick good then the commander is to be disobeyed by the commanded For the Law abstract from reason and end is as a bodie without a soul and the execution accordingly is the spirit that gives life the letter kills Instanced in the trust of Militia of an Armie to a General not to turn the Cannon against his own Souldiers though not so conditioned and they may disobey not binding them to cut their own throats or their companies If otherwise the legal and mixt Monarchie is the greatest Tyrannie as conferred legally when the other that rules by will and not by law are Tyrants by force and so justifie an arbitrarie tyrannie legal not assumed Herein the instance of a General is the Argument but how reasonable and justifiable may it be when an Armie mutinie the Commander may and ought to suppress by force of Cannon no doubt and so unquestionably may a Monarch if the established Laws be disobeyed he may reduce them by force All Laws may be laid aside if such seditious and treasonable distinctions to withdraw the Subjects obedience be suffered Indeed the Doctrines of this nature were then frequent discourse in Pulpits and Prints That humane Laws do not binde the conscience There needs no more to dissolve all civil Government and peace of a Kingdom And therefore the King in much regret requires the House of Peers to use all possible diligence to have the Authour found out and punished but nothing was done being there fomented April 22. The Magazine of Hull under Sir Iohn Hotham command by authority of Parliament and like enough now to be
and to be published in all Churches c. May 5. And the Parliament finding no other way to encounter the King but by putting the people into a posture of War do require all persons in authority by virtue of their late Ordinance of the Militia to put the same in execution which by the Kings answer declares to be no legal power in any of the Houses and commands no Subject whatsoever to obey it And forthwith summons the Gentry of the County to York to whom he complains of all these illegal proceedings of the Parliament to the danger of his person and tells them his intent to have a Guard onely to secure his person in which he desires their assistance and the rather because the Members that came with the last Message to the King return not back but reside at York in whose presence all these passages were performed yet staid they here as a Committee to out-face the Kings actions keeping themselves in a double capacity as a Committee of Parliament and Free-holders of the County as they were all What Counsellours the King had at this time I finde not onely the Secretary Nicholas for as yet his affairs were but hatching at York the Parliament having spun out their business with humble and specious shews which amazed most men into some hopes of good effects those that could more narrowly pry into their actions and but Neuters were soon seized and presently questioned especially if he appeared a publick person of estate or interest Amongst whom Sir Thomas Gardner Recorder of London for six years last past was now impeached upon Articles drawn from Anno 1638. For advising the Mayor Sir Maurice Abbot and Common Council to pay the Tax of Ship-money and to levie the Loan-money for raising three thousand of the Trained Bands for the Kings service in his Expedition then against his good Subjects of Scotland That in 1639. he advised the Mayor Sir Henry Garraway and Common Council to impress Clothe and Conduct two hundred Citizens to serve in the said War against Scotland That he prevented the Citie Petition to the King against certain illegal Taxes and Levies That in May 1640. he perswaded them to lend to the King ten thousand pounds for that War against his good Subjects of Scotland And prevented sundry intendments of thousands of the Citie in December last to petition the House of Commons not to be diverted in their just way of proceedings That in January last he crossed the Order of the Commons House and the Citie election of the Committee for the Militia And advised two scandalous Petitions from the Citie to the King and to the Parliament viz. that the ordering of the Citie Arms was annexed to the Majoraltie and if otherwise conferred upon others it would reflect upon this Custome which every Free-man was bound to maintain And these were the high crimes for which they endeavour to hang him but he was carefull therein and got to the King May 5. Upon several Summons the County of York had meetings the Parliament Committee being there over-counselling the Free-holders in private prevailed with some of them by Protestation to oppose the Knights and Gentry who were willing to raise a Guard for the King And the Parliament declaring that it is against the Laws that any of his Subjects should attend him at his pleasure but such as are bound to it by special service and that such as do are disturbers of the peace and command the Sheriff to oppose any such with the power of the Countie and all people whatsoever to assist them herein May 17. In what miserable condition the people of the Kingdom were reduced unto no publick Officer knew how to command or Subject how or whom to obey so differing were their duties depending on several authorities thus distinct onely those for the King directly in love and duty for the other in fear or gain and so wrought upon gave the advantage on the Parliaments part whereas the the Kings assistance was purchased out of the fire of faithfull affections yet all ways and means of Prerogative were used as now for the King to adjourn the next Term to York which the Parliament vote illegal and order that the Lord Keeper Littleton issue out no Writs or seal any Proclamations to that end May 17. And now Designs being ripened into action the people are called upon and invited to a belief of the Parliaments just proceedings and the Kings mis-actions being guided by a malignant party summed up into a very large Declaration of the nineteenth of May ripping up all their former complaints and grievances from the first day of this Parliament to the date hereof in effect the very Exceptions and Repetitions formerly mentioned and controverted between the King and them even from the first dispute for the Militia the misprision of Kimbolton and the five Members Remembering the intended War against Scotland being a Design they say to alter Religion by thâ—se wicked Councils of the King from which God did deliver us never to be forgotten That the Rebellion in Ireland hath been countenanced by evil counsel about the King The Proclamation whereby they were declared Traitours was so long with-held as to the second of Ianuary though the Rebellion brake forth in October before and then but fourty Copies appointed to be printed nor any of them to be published without the Kings pleasure signified and so but a few onely could take notice thereof but the proceedings against the Scots were quick and sharp forthwith by Proclamations dispersed throughout all the Kingdom with publick Prayers and Execrations But to repeat the particulars they are but the same said over again The King calls it a Book and so for the bulk it may well be intituled and to answer each particular must needs be very tedious as himself professes His small malignant Iunto Council as the Parliament calls them to replie to their numbers of several Committees in these proceedings But the King being never weary of any of any pains to undeceive his people of these mischievous infusions daily instilled to corrupt their loyalty gives them answer the next day after the twentieth of May in effect what he had said as before recited in their due time and place The Parliaments complaints were always forced The Kings answers more ingenious and natural in the opinion of indifferent observers The Parliaments onely to amuze the people and to steal away their allegeance and duty to themselves and otherwise it had been but loss of time and business to answer or to reply And at length though penned on both sides with wit and art the wiser sort of the Subjects whom it most concerned were astonished at the reading of either But indeed as to the Kings connivence at or want of zeal against the Rebellion of Ireland so often hinted and now put home upon the Kings score He answers That he then being in Scotland immediately recommended the care of the business to the
by consent of the major part of our Council attested under their hands Which in effect being granted is to depose our self and posteritie These being past we may be waited on bare headed our hand kist be called Majestie and the Kings Authoritie declared by Parliament may be still the style of your Commands We may have Swords and Maces born before us and please our self with the sight of a Crown and Scepter Nor would these Twigs flourish when the Stock were dead and we receive but the picture and sign of a King We were ever willing our Parliament should debate such matters proper for them but not to extend their Resolutions beyond what is proper to them and so by degrees you draw as well all the causes as all the faults of Westminster-hall That the course of Law be not diverted as was actually done in the stop of the proceedings against a Riot in Southwark by Order of the Lower House by countenancing such popular Insolencies and discountenance to Law That you descend not to the leasure of recommending Lectures to Churches nor ascend to the Legislative power to command such to be received without approbation of either Parson or Bishop nor regarding whether they be Orthodox Learned or Moderate or have taken Orders and are not depravers of the Book of Common Prayer concerning you in dutie and the Common-wealth in consequence to be carefull there And that our Forts may not be seized our Arms not removed our Money not be stopt our legal Directions not to be countermanded by you nor such entrance be made upon a real War against us upon pretence of an imaginarie War against you and a Chimaera of necessitie We could have wished you had exprest what matters you meant as fit to be transacted onely in Parliament and what you meant by onely in Parliament You have been taught new Doctrines to debate what was never used within you walls to do but been trusted with our Predecessours and us which without the regal Authoritie since there were Kings of this Kingdom were never transacted It therefore concerns us the more that you speak out that the World may know the bottom of your Demands or know them to be bottomless What is more proper for the Parliament than the making of Laws but then you must admit us a part of the Parliament You must not denie us the freedom of our Answer when we have as much Right to reject what we think unreasonable as you have to propose what you think necessarie nor is it possible our Answers either to Bills or any other Propositions should be wholly free if we may not use the libertie of every one of you and receive advice from any persons in which the manage of our Vote is trusted by the Law to our own judgment and conscience which how best to inform is likewise left to us and most unreasonable it were for two Estates proposing something to the third that third should take no advice but from those two that did propose it We shall ever in these things not decline the advice of our great Council and shall also use to hear willingly the debate of our Privie Council and they shall not be terrified from that freedom by Votes and Brands of Malignants and Enemies to the State admitting no more than the nature of the business requires and of discoursing with whom we please and of what we please and not to tie our self not to hear any more than twentie five out of a Kingâ—dom so replenished with judicious and experienced persons in several kindes yet we shall alwaies look upon their Advices as Advices not as Commands or Impositions and upon such persons as our Counsellours not as Tutours or Guardians and upon our self as their King not as their Pupil or Ward And it is not plainly exprest in the first part of the second Demand whether they meant us so much as a single Vote in these affairs and no more power than every one of the rest of our fellow Counsellours onely leaving to us of all our ancient power a choice and great care is taken that the Oath which these men shall take shall be such in the framing as that we may be wholly excluded and that wholly to be agreed upon by the Parliament And to shew there is no more care taken of our safetie than of our power after our Town and Fort kept from us which sure your selves will not denie to be Treason our Arms taken and our Goods sent away our Money stopt our Guards are not onely desired to be dismissed but it is likewise desired that we shall not for the future raise any Guards or Forces but in case of actual Rebellion or Invasion whicâ— if it had been Law in our famous Predecessours few of those Victories which have made this Nation famous could have been legally atchieved nor could Queen Elizabeth have so defended her self in Eightie Eight and if no Forces may be raised untill Rebellions or Invasions be actual they must no doubt be effectual and prevalent And as neither care is taken for our Rights Honour nor Safetie as a Prince so our Rights as a private person are endeavoured to be had from us It being demanded that it may be unlawfull and punishable not onely to conclude but even to treat of any Mariage with any person for our own Children or to place Governours about them without consent of Parliament and in the intermission of these without the consent of our good Lords of our Council More despicable than any of our Predecessours or than the meaner and viler of the lowest of our Subjects who value no libertie more than that of desposing their Children from which we are asked to debar our self and have reason the more to take it ill we are so because that for the choice of a Governour for our Son and a Husband for Daughter we conceived we had reason to expect your thanks and the increase of your future Trusts We suppose these Demands by this time appear such as the Demanders cannot have such real fear of us as hath been long pretended they are too much in the style not onely of Equals but of Conquerours But we call God to witness that as for our Subjects sakes these Rights are vested in us so for their sakes and our own we are resolved not to quite them nor to sâ—bvert the ancient equal happie well poised and never enough commended Constitution of the Government of this Kingdom not to make our self of a King of England a Duke of Venice and thus of 〈◊〉 Kingdom a Republick There being three kindes of Government Absolute Monarchy Aristocracy and Democracy and in all these their particular convenienceâ— and inconveniences the experience and wisdom of your Ancestours hath molded this out of a mixture of these with the conveniences of all Three without the inconveniences of any One as long as the Ballance hangs even between the three Estates and in their proper Chanel begetting
verdure and fertilitie in the Medows on both sides and then over-flowing of either on either side raised no Deluge or Inundation The ill of absolute Monarchy is Tyranny the ill of Aristocracie is Faction and Division the ills of Democracy are Tumults Violence and Licenciousness The good of Monarchy is the uniting a Nation under one Head to resist Invasion from abroad and Insurrection at home The good of Aristocracy is the conjunction of Councils in the ablest persons of a State for the publick benefit The good of Democracy is Libertie and the courage and industrie which Libertie begets In this Kingdom the Laws are joyntly made by a King by a House of Peers and by a House of Commons chosen by the people all having free Votes and particular privileges the Government of these Laws are intrusted to the King power of Treaties of war and peace of making Peers of chusing Officers and Counsellours of State Iudges for Law Commanders for Forts and Castles giving Commissions for raising men to make war abroad or to prevent or provide against Invasions or Insurrections at home benefit of Confiscations power of pardoning and some more of the like kinde are placed in the King And this kinde of regulated Monarchie having the power to preserve that Authoritie without which it would be disabled to preserve the Laws in their force and the Subjects in their Liberties is intended to draw to him such a respect and relation from the great ones as may hinder the ills of Division and Faction and such a fear and reverence from the people as may hinder tumults violence and licentiousness Again that the Prince may not make use of this high and perpetual power to the hurt of those for whose good he hath it and make use of the name of publick necessitie for the gain of his private Favourites and Followers the House of Commons an excellent Conserver of Libertie but never intended for any share in the Government or the chusing of them that should govern is soly intrusted with the first Propositions concerning the Levies of Moneys the sinews of peace and war and the impeaching of those who for their own ends have violated that Law which he is bound to protect and to the protection of which they were bound to advise him And the Lords being trusted with a judicature power are an excellent Skreen or Bank between the Prince and people to assist each against the incroachments of the other and by just judgment to preserve that Law which ought to be the Rule of every one of the Three For the better enabling in this beyond the Example of any of our Ancestours we were willingly contented to oblige our self both to call a Parliament every three years and not to dissolve it in fiftie daies and for the present exigent the better to raise money and to avoid the pressure our people must have suffered by a long continuance of so vast a charge as two great Armies and for the greater certaintie of having sufficient time to remedie the inconveniences arisen during so long absence of Parliaments we yielded up our Right of dissolving this Parliament expecting an extraordinarie moderation from it for so unexampled a grace and little looking that any Malignant party should have been encouraged or enabled to perswade them first to countenance the indignities and injustice we have endured and then by a new way of satisfaction for what was taken from us to demand of us at once to confirm what was so taken and â—o give up almost all the rest And so concludes Since therefore the legal power in Parliament is more than sufficient to restrain the power of Tyrannie and without the power asked from us we shall not be able to discharge that Trust which is the end of Monarchy and so a total subversion of Laws and that excellent constitution of this Kingdom famous and happie to a great degree of envie Since to the power of punishing which you have if the power of preferring be added we shall have nothing left for us but to look on Since the incroaching of one of these Estates upon the power of the other is unhappie in the effects to all Since this joint Government in us with our Guardian Counsellours would return us despicable at home and abroad Since so new a power will beget Divisions among them as Equals and contempt of us as become an Equal to them and so insolence towards our people so much their Inferiours Since all great changes are extremely inconvenient and beget yet greater changes which beget yet greater Inconveniences Since as great a change in the Church must follow this of the Kingdom Since the second Estate would follow the fate of the first and the like Propositions would be then sent to them as they now have joined to send to us till at last the common people flattered into licentious wilde humours discover this Arcanum Imperii that all this was done by them but not for them grow wearie of Iourney-work set up for themselves and call Paritie and Indepencie Liberty devour that Estate which had devoured the rest destroy all Rights Proprieties Distinctions of Families and Merit and by this means the splendid and excellently distinguished Form of Government end in a dark equal Chaos of confusion and the long Line of our many noble Ancestours fall into a Jack Cade or a Wat Tyler For all these Reasons Nolumus Leges Angliae mutari But we promise to be carefull of preserving the Laws as concerning â—s those of obedience not secure when these of protection are violated And will search in this heap of unreasonable Demands for so much as we may assent unto In pursuance of which we finde in the fourth Proposition which would take from us all the Trust we have something to which we answer That we have committed the principal places about our Children to persons of qualitie and pietie with regard to their principles of Religion if otherwise against whom the Parliament shall justly except we shall remove them if there be no under-hand dealing to seek faults to succeed in their places For the fifth Demand we will not suffer any share with us in the power of Treaties most improper for Parliaments yet we shall never propose any Treatie of Mariage for any of our Children without regard to Religion the good of the Kingdom and the honour of our Familie Concerning the Laws in force against Jesuits c. As we have by many Messages satisfied you and by our Proclamations assured that we will never pardon any popish Priest sufficiently expressing in many cases of late our zeal herein If you can finde any more effectual course we shall give our consent Concerning the Votes of popish Lords they in discretion have forborn to sit and we are content so long as they are not conformable to the Doctrine of the Church of England they shall not be admitted to sit but onely to give Proxies to Protestant Peers 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 avisâ—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 â—ominated others of their own election and this design of theirs by a new way of Ordinance
to the King disarmed the wel-affected to the King in that Town And that the Earl of Warwick contrary to the Kings command under his hand being legally discharged of any conduct of his Majesties Ships hath taken upon him to dispossess the King of his Navy and imployed them against him and imprisoned divers of his Majesties loyal Officers and Subjects And therefore the King is resolved with Gods assistance to force Hotham and all other his Assistants in this his treasonable defence and invites all his good Subjects to assist him in this his resolution Dated at Beverley the eighth of Iuly Three daies after the Parliament Resolve That an Army shall be raised for defence of King and Parliament and of all such as obey the orders of both Houses That the Earl of Essex shall be the general and they to live and dy with him and that a petition should be sent to the King by the Earl of Holland Sir Iohn Holland and Sir William Stapleton to Beverley and that the Earl of Bedford be General of the Horse which so troubled the Earl of Holland who was refused upon voting that it was never digested Indeed the Parliament were wary not to intrust two Brothers with Land and Sea service together The effect of their petition was to pray the King to disband all his forces which are reckoned up to be about Hull and from Newcastle Tynmouth Lincoln and Lincoln-shire to recall his Commissioners of Array and to dismiss his guards and come to his People and Parliament and hearken to their advice and then what they will do for him The King might smile at this and therefore tells them They were never unhappy in their Petitions and supplications whilst they desired the preservation of Religion the Kings Honour and the peace of the Kingdome But after their martial designs and some proceedings and effects of their forces and after their votes and raising of an Army their Generals assigned and possessing his Navy to advise him to denude himself and wait upon them is pitiful councel to which he will not submit The Parliament provide for the sinews of war to that end they declare for Lone of Money upon publique faith of the Parliament upon which and the Ministers invitations the best part of their preachings turned into perswasions and prayers to the people for their contributions and assistance that it became incredible what a mass of money plate and Ammunition was presented even at the Parliaments feet from the golden cupbords of vessels to the Kitchen-maids silver bodkins and Thimble The King had some help from the diligent indeavours of the Queen beyond Seas and out of Holland upon the pawned Jewels and at home contributions of the Lords and Gentry Loyal to his service for what was publique he gives thanks To the Vice-chancellor and all other his Loyal Subjects of the university of Oxford for the free Loan of a very considerable sum of money in this his time of so great and eminent necessity shall never depart out of his royal memory Nor is it reasonable to deny them a memorable Record for ever which in duty to them I may not do Beverley 18. Iuly From thence the King removes to Leicester summons the appearance of the Gentlemen Free-holders and Inhabitants of that County telling them of the acceptable welcome he hath found in these Northern parts finding that the former errours of his good Subjects thereabout have proceeded by mistakes and misinformatioâ—s proceeding from the deceits used by Declarations and publications of the Parliament pretended for the peace of the Kingdom which rather would destroy it To prevent their mischief he needs not ask their assistance of Horse Men Money and Hearts worthy such a Cause in which he will live and die with them Iuly 20. The Earl of Stamford Lord Lieutenant of the County of Leiceister for the Parliament had removed the County Magazine from the Town to his own house at Bradgate over which he had set a Guard or Garison against the Kings command for which he and his Adherents are by name proclaimed Traitours which troubled the Parliament and discouraged their party untill they were vindicated by a publick Declaration that being for the service of the Parliament and the peace of the Kingdom it was an high Breach of Privilege in the King and that the said Earl and his Assistants are protected by them and all good Subjects The first of August brings the King back again to Yorkshire where he summons the Gentlemen of that County tells them the forward preparations of the Parliament to a War and desires their advice what Propositions they conceive for them to ask and he to grant in reference to their and his safety and for the present desires them to spare him some Arms out of their store which shall be redelivered when his provisions shall come thither and that his Son Prince Charls his Regiment for the Guard of his person under the command of the Earl of Cumberland may be compleated The Parliament declare for the raising of all power and force by Trained Bands and otherwise to lead against all Traitours and their Adherents that oppose the Parliament and them to slay and kill as Enemies to the State and peace of the Kingdom naming such of the Kings party that were his Lieutenants of Array of the Northern Counties viz. the Earl of Northampton the Lord Dunsmore Lord Willoughby of Eresby Son to the Earl of Lindsey Henry Hastings and others of the Counties of Lincoln Nottingham Leicester Warwick Oxfordshire And for the Western Counties the Marquess Hertford the Lord Paulet Lord Seymer Sir Iohn Stowel Sir Ralph Hopton and Iohn Digby and others in the County of Somerset And to oppose these and others the Parliament doth authorize the Earl of Essex the General as also these to be the Lieutenants of several Counties viz. the Lord Say of Oxon the Earl of Peterborough of Northampton Lord Wharton of Buckingham Earl of Stamford of Leicester Earl of Pembroke of Wiltshire and Hampshire Earl of Bedford of Somersetshire and Devon Lord Brook of Warwick Lord Cranborn of Dorsetshire Lord Willoughby of Parrham of Lincolnshire Denzil Hollis of the City and County of Bristol And thus ranked they are to kill and â—lay their Enemies August 8. And the King traceth them in these steps replies to theirs and will justifie the quarrel and for that purpose published his Proclamation against the Earl of Essex the General that he is Rebell and Traitour to the King and his Crown and all Colonels and Officers under him that shall not instantly lay down are guilty of high Treason And because of their two particular Designs to march Northward against the King and others Westward to seize and force the Garison and Fort of Portsmouth therefore he commands Colonel Goring his Captain Governour there to oppose the Rebells And commands his Cousin and Counsellour William Marquess Hertford his Lieutenant General of
publishes a very ample Declaration concerning the whole proceedings of this present Parliament in effect thus It being more than time now after so many indignities to his person affronts to his Kingly Office and traiterous Pamphlets against his Government to vindicate himself from those damnable Combinations and Conspiracies contrived against him That he resolved to summon this Parliament before his great Council met at York and uncompelled by any violence but of his love to peace That at the beginning thereof he quickly discerned they meant not to confine within the path of their Predecessours but by the combination of several persons for alteration of Government in the Church and State also To that end they expelled a very great number of Members in Parliament duly elected upon pretence that they had some hand in Monopolies without any crime objected or other proceedings and yet continued Sir Henry Mildmay though a notorious promotor of the Monopoly of Gold and Silver Thread as also Mr. Lawrence Whitaker and others Commissioners in matters of the like nature or worse which he mentions to them their partiality of that Faction The remedy which they proposed was a Bill for a Triennial Parliament against which though he had many Reasons to except yet he passed it which seemed so to work upon their sense as never to be forgot in the return of their duty and affections yet all he could do did not satisfie the factious contrivement and disguise of subverting the Government And because most of the Grievances seemed to proceed from the great liberty of his Council Board he admitted seven or eight of those Lords eminently in esteem with the people and passionately dis-â—nclined both the civil affairs and Government of the Church and so hoping by a free communication they might be excellent Instruments of a blessed Reformation in Church and State Thus for the Court Then he applied visible Remedies proportionable to the desires of both Houses and pressed not the Reformation of the Arbitrary power of the Star-chamber but utterly abolished it He pressed not the Review of that Statute by which the High Commission Court was erected but in compliance to the pretended sufferings of the people thereby he consented to repeal the Branch of that Statute The Writs for Ship-money whereby several sums of money had been received from his Subjects and judged legal he was contented should be void and disannulled and the Judgment vacated The bounds and limits of executing the Forest Laws and keeping the Iustices and Eires seat he passed an Act for the Subjects ease as was desired As also an Act against Incroachments and Oppressions in the Stannery Courts and regulated the Clerk of the Market And parted from his right and duty in the business of Knighthood But also which is the highest trust that ever King gave his Subjects he passed the Act for continuance of this Parliament untill the peace of England and Scotland and all their desires in reference thereto were provided for All the time in which those Acts of grace were passed he lay under the burthen of extreme want without any fruit of relief and they the mean while contrived advantages of Offices and places of profit and power to themselves changing Religion and Fundamental Laws raising Aspersions upon his very Acts of Grace and Favours upon them that no security could be of the effects of all he could or should do without a through-alteration of Church and State Hereupon they oppose the disbanding of the Armies delay the Scots Treaty although the Scots Commissioners hastened it and in plain English the Parliament declared That they could not yet spare them for that the sons of Zerviah were too strong for them ingaging this Kingdom in so vast a Debt that there might be no way of paying it but by the Lands of the Church disguising that Design pretending onely to remove the Bishops from their Votes in the Upper House though upon three Debates absolutely rejected by the Lords by which they took advantage and produced a Bill in the House of Commons for abolition of Bishops Root and Branch out of the Church as Mr. Pym said to a Member It was not enough to be against the persons of Bishops if he were not against the Function And for extirpation of Deans and Chapters and reducing that admirable Frame of Government into a Chaos of confusion that out of it they might mould an Utopia which no six of them had or yet hath agreed upon whereby they have raised Estates to repair their own broken Fortunes And two Armies must be kept to eat out the heart of this Kingdom at the charge of fourscore thousand pounds a Moneth Then they devised false Reports created spread and countenanced by themselves of Designs dangerous plots against them hereupon a Protestation is so framed and devised to oblige them to any unlawfull action and taken by all the Members of the Commons but the Lords refusing it it is recommended to the City of London and to all the Kingdom by Order of the Lower House onely a strange and unheard of usurpation a Declaration followed as peremptory and like a Law without the King Then came out a new Fright of a Design in the English Army to face the Parliament and of the Kings consenting to it of which he calls God to witness to be ignorant And that the Affairs in Scotland necessarily requiring the Kings Journey thither for a small time he returned and found things far more out of order with their Orders against the Book of Common Prayer and Divine Service contrary to the Lords Ordinance and therefore the Commons Declaration of the ninth of September was such a notorious violation of the privilege of the House of Peers as was never heard of before and an apparent evidence of their intended legislative power by the House of Commons without King or Lords and such as did not submit thereto were imprisoned and fined Then they erect Lecturers men of no learning or conscience but furious promotors of the most dangerous Innovations that ever were induced into any State men of no Orders onely such as boldly and seditiously would preach or prate against the Liturgy royal power and authority and persons of learning and eminency in preaching and of good conversation were put out That all licence had been given to any lewd persons to publish seditious Pamphlets against Church and State or scorns upon the Kings person or Office filling the peoples eaâ—s with lies and monstrous discourses and those to be dedicated to the Parliament and whatever the rancour or venome of any infamous person could digest were published without controul And thus prepared and the King absent in Scotland they frame a Remonstrance of the state of the Kingdom and present it to him at his return to Hampton Court December 15. 1641. laying before him all the mishaps and misfortunes that have been since his Reign to that hour reproaching him with actions beyond his
favour and grace by many Acts they would devise their Reasons of fear That he meant never to observe them To others that were deterred to consider the effects of abusing so gracious a Sovereign they would perswade them That those about the King could work him to their wills Then they get all the Militia and power of the Kingdom into their hands garison Hull and Hotham their Governour there and the Tower of London brought under subjection of one of their own and so with continual vexations caused the King to withdraw his person and to secure the Queen to pass beyond the Seas and himself to retire towards the North. What hath happened since his coming to York is so notorious as with amazement to all parts of Christendom to see the wisdom courage affection and loyalty of the English Nation so far shrunk and confounded by malice cunning industry of persons contemptible in number inconsiderable in fortune and reputation united onely by guilt and conspiracy against the King Treason licensed in Pulpits persons ignorant in learning seditious in disposition scandalous in life unconformable to Laws are the onely men recommended to authority and poweâ— to impoison the mindes of the multitude The Kings goods money and what not seized from him and to make the scorn compleat he must be perswaded That all is done for his good Opinions and Resolutions imposed upon him by Votes and Declarations That the King intends to levie war and then Arms are taken up to destroy him All Actions of his for his advantage are straightway voted illegal All the great Officers of State coming to the King are pursued with Warrants to all Mayors Justices Sheriffs and others to apprehend them compelling the Countries to take Arms against the King His Ships are taken from him and the Earl of Warwick made Admiral in despite of the King And after all this Mr. Martin should say That the Kings Office is forfeitable and the happiness of the Kingdom does not depend on him or any of the regal Branches of that stock And Sir Henry Ludlow should say That the King was not worthy to be King of England and that he hath no Negative Voice that he is fairly dealt with that he is not deposed that if they did that there would be neither want of modestie or dutie in them They publish scandalous Declarations commit his great Officers for doing their duties Raise an Army and chuse the Earl of Essex General with power to kill and slay whom he list They convert the Money given by Act of Parliament for the Discharge of the Kingdoms Debts and for Relief of Ireland and all to serve their turn to war against the King Commit those Lords that are loyal degrade nine Lords at a clap for coming to the King Take Tunnage and Poundage without the Kings consent But can the Nobility Gentry Clergy and Commonalty of England sacrifice their Honour Interest Religion Liberty to the meer sound of a Parliament and Privilege Can their experience Reason and Understanding be captivated by words And then he sums up many of his graces favours freedoms to them and the people And yet into what a Sea of Bloud is the Rage and Fury of these men lanching out to wâ—est that from him which he is bound to defend How have the Laws of Hospitality civility been violated discourses whispers in conversation been examined and persons committed and so kept during pleasure His and the Queens Letters broken open read publickly and commented upon that Christendom abhors to correspond with us Crimes are pretended against some men and they removed for others to be preferred If Monopolies have been granted to the prejudice of the people the calamity will not be less if it be exercised by a good Lord by a Bill now then it was before by a Patent And yet the Earl of Warwick thinks fit to require the Letter Office to be confirmed to him for three Lives at the same time that it is complained of as a Monopoly and without the alteration of any circumstance for the ease of the Subject and this with so much greediness and authority that whilest it was complained of as a Monopoly he procured an Assignment to be made of it to him from the person complained of after he had by his interest stopped the proceedings of the Committee for five Moneths before the Assignment made to him upon pretence that he was concerned in it and desired to be heard And the King concludes all with this Protestation That his quarrel is not against the Parliament but against particular men who first made the wounds and will not suffer them to be cured whom he names and will be ready to prove them guiltie of high Treason And desires that the Lord Kimbolton Mr. Hollis Mr. Pym Mr. Hambden Sir Arthur Haselrig Mr. Strode Mr. Martin Sir Henry Ludlow Ald. Pennington and Capt. Ven may be delivered up to the hands of justice to be tried according to the Laws of the Land Against the Earl of Warwick the Earl of Essex Earl of Stamford Lord Brook Sir John Hotham Major General Skippon and those who shall henceforth exercise the Militia by virtue of the Ordinance he shall cause Indictments of high Treason upon the Statute of 25 Edw. 3. Let them submit to their Trial appointed by Law and plead their Ordinances if they shall be acquitted he hath done And that all his loving Subjects may know that nothing but the preservation of the true Protestant Religion invaded by Brownism Anabaptism and Libertinism the safetie of our person threatned and conspired against by Rebellion and Treason the Law of the Land and Libertie of the Subject oppressed and almost destroyed by an usurped unlimited arbitrarie power and the freedom privilege and dignitie of Parliament awed and insulted upon by force and Tumults could make us put off our long-loved Robe of peace and take up defensive Arms. He once more offers pardon to all those that will desire the same except the persons before named if not he must look upon these Actions as a Rebellion against him and the Law who endeavour to destroy him and his people August 12. 1642. The Parliament had passed an Act for raising of four hundred thousand pounds by Overtures of Adventurers and Contributions and Loans for Relief of Irelaâ—d and Money and Plate was thereafter very heartily brought in to the Parliament when upon the thirtieth of Iuly the vote That the Treasurers appointed to receive the money already come in upon Subscriptions for Ireland do forthwith furnish by way of Loan unto the Committee for defence of the Kingdom one hundred thousand pounds for the supplie of the publick necessitie and defence of this Kingdom upon the Publick Faith Of which the King remembers them and of the Act of Parliament That no part of that money shall be imployed to any other purpose than the reducing of those Rebells And therefore charges the House of Commons as they will answer the
contrary to Almightie God and to the King that they immediately retract that mischievous illegal and unjust Order To which he expects their speedy Answer and obedience and the rather that he may be secured that such part of the four hundred thousand pounds as is or shall be collected for the Irish service may not be imployed under false pretence in a War against the King August 13. This was home close to their conscience which they retort upon the King with this Answer That his Directions to them to retract their Order is a high Breach of privilege of Parliament that his wicked Counsellours have raised this bloudie and barbarous Rebellion in Ireland that they had a Design to raise a Million of Money to suppress them but the King with-drawing into the North from his Parliament their intentions were frustrate As also to send five thousand Foot and five hundred Horse to Ireland under the command of the Lord Wharton for Relief of Munster which failing Limrick is lost and Munster in much miserie The Kings Forces so quartered in and about the common Roads to Ireland that no provision can pass by land that way that be hath recalled two Ships appointed for the Guard of those Seas that certain suits of Cloath sent towards Chester for that service were taken by the Cavaliers and the Waggon-horses And that the House of Commons apprehending the danger of this Kingdom thought it necessarie to prepare a competent Armie for defence of the King and Kingdom but in regard that the Contributions of Plate by the well-affected could not be so soon coined they made bold to borrow this hundâ—ed thousand pounds for the present And so put it to the question Whether the King and his Cavaliers or the King and his Parliament do endeavour for the best To all this though I finde no Reply yet thus much in truth may be said that though the King recalled two Ships commanded by Captain Ketleby and Sir Henry Stradling they conceal that at the same time he sent Warrant to the Downs commanding four better Ships to attend that service which Warrant by the Parliaments means could finde no obedience by the absence of which four Ships the Rebells of Ireland had opportunity to bring store of Arms and Ammunition And it is as true that at this time the Parliament seized fourty good Ships of the Kings Navy and could spare none of them for the Irish service but imployed them against the King in the business of Hull And as to their Suits of Cloaths they likewise conceal that they were taken entring into Coventry then in open War against the King where no doubt they would have been disposed amongst their Souldiers who bore Arms against him And for the Horses of Draught they were certified to be useless for Ireland and so the King kept them for his service And the Earl of Leiceister Deputy of Ireland being now with the King at Nottingham his Man Errington was sent to fetch them for the King who hastens the Deputy to his charge and sent him for London And they do not hold forth their Excuse sufficient to say that the one hundred thousand pounds was for the necessitie of their Armie in defence of this Kingdom when the Irish Army was ready to perish for want of it which they imployed together with such part of the four hundred thousand pounds Subsidy as they had received to maintain this unnatural civil War at home And to forward their Forces Sir William Brereton and others Deputy Lieutenants for the County of Chester are directed to put in execution the Ordinance of the Militia with particular Advices and Orders how they shall act in reference thereto and to suppress all other forces and meetings any way intending the contrary and that the Parliament will bear them out herein August 18. And to the Gentry of the Northern Countries they declare that notwithstanding all the Kings vowes and protestations to govern by Law to blinde and deceive the people the most mischievous principles of Tyranny are practized that ever were invented That is to disarm the middle sort of people who are the body of the Kingdome and to maintain Souldiers by forced contributions To create a provincial Government in the North and the Countries are to associate with other Counties and such as will not shall be plundered and pillaged For prevention they do promise that all well affected people so plundered shall have full reparation out of the Estates of the Actors Counsellors and out of such as are withdrawn to York or shall persist to serve the King against the Parliament with Horse Arms Plate or money who are Traytors to the King Parliament and Kingdome And thus either party having endeavoured to win upon the People by Declarations Remonstrances and Answers which rather encreased suspition and jealousies and the Subject thereby the more deceived The King most graciously observing that mistakes have arisen by Messages between them which may be prevented happily by way of Treaty and so by freedom of debate for the peace of the Kingdome sends this Message to them from Nottingham the 25. of August which was presented to the Parliament by the Earls of Southampton and Dorset Sir Iohn Culpeper Chancellour of the Exchequer and Sir William Uvedal To which the Parliament make answer That untill his Majesty shall recall these Proclamations and Declarations of Treason against the Earl of Essex and them and their adherents And untill the Kings Standard set up in pursuance thereof to be taken down they cannot by the fundamental priviledges of Parliament give his Majesty any other answer But these Messengers were not suffered to sit in the Houses And the Earl of Southampton against whom there was not the least colour of exception or so much as a vote not suffered to deliver the message but compelled to send it by the usher of the black Rod and then commanded to depart the Town before they would prepare any Answer which they sent to the King To which the King Replies That he never intended to declare the Parliament Traytors or set up his Standard against them but if they shall resolve to Treat either party shall revoke these Declarations against all persons as Traytors and the same day take down his standard But nothing prevailing they yet make reply unless He will do as they desire forsake his evil Councellors and return to them representing the whole Kingdome there being no other way in the world to make his Majesty happy and his Kingdome safe And to confirm their Resolutions and to keep up their party that began to stagger at this refusal They order and declare That the Arms which they have and shall take up for the Parliament Religion Laws and Liberties of this Kingdome shall not be laid down untill the King withdraw his protection from such persons that are and shall be voted Delinquents and shall leave them to Iustice to the end that their Estates may
party not bound to observe the Articles but to assist the Parliament in defence of the common cause Octob. 16. And by this President they afterwards would not endure any new triall Upon this score of the common cause Mr. Iohn Fountain a Lawyer at London was desired whâ—t he would please to lend who answered That it was against the Petition of Right to answer Yea or No. Whereupon the House of Commons for that contempt in not giving his Answer at all committed him to the Gate-house declaring further the imbecillity of his judgment or positive refraction to draw on others to the like Errour And such as refuse their Contribution of money or plate are disarmed and if in the least measure active in words or perswasion against the Parliament have the brand of Malignancie their persons secured and within a little time after made Delinquents and forfeâ—t all And because the Earl of Essex gave a deep yellow for his colours every Citizens Dame to the Draggle-tail of her Kitchin had got up that colour of the cause untill the Earl of Pembroke and Mountgomerie in a fume with a Parliament Captain swore That his Turdcolour'â— Skarf should not excuse him from Commitment But some not affecting that color set up others in disdain to the Generals which increasing to a Faction some urging of a Design to be distinguished by these Ribands the Parl. declare That such persons as shall be seen to wear them for distinction shall be forthwith committed and further proceeded against as Malignants endeavouring to set Divisions among the people In the Generals Commission the fourth Article is printed and published That whosoever shall return from the King to the Parliaments Armie within ten Days after Publication shall have reception and pardon excepting persons impeached of Delinquencie or Treason or have been eminent Actors against the Parliament and except the Earls of Bristol Cumberland New-castle Rivers and Carnarvan Secretarie Nicholas Endimion Porter Mr. Edward Hide the Duke of Richmond Viscount Newark Viscount Falkland now principal Secretarie of State to the King And thus marshalled in this order The King having sent over the Queen out of the danger of these Distractions into Holland and remaining at the Hague she made application to the Prince of Orange to whose Son the Princess Maria was maried by whose interest she had the fairer means to promote the Kings affairs with the States of the United Provinces for Arms and Ammunition which had been procured by the Lord Digby there and some Officers sent over to the Kings Army The Parliament having knowledg hereof send over Mr. Walter Strickland a Member of the House of Commons their Residenciary with Credential Letters to the States thus To the High and Mighty Lords the States of the United Provinces High and Mighty Lords We are commanded by the Lords and Commons assembled in the Parliament of England to signifie unto your Lordships that they have chosen and appointed the Bearer hereof Walter Strickland Esq to repair to your Lordships and to present to you in their Names and in the Name of the whole Kingdom a Declaration and some Propositions and Desires very much importing the maintenance of the Protestant Religion which is the surest Foundation of the safetie and prosperitie of this Kingdom and your State and the ancient amitie between us to the advantage of both desiring your Lordships to give ear to what shall be delivered or propounded to you by him And to expedite your Answer thereunto in such manner as shall stand with your Wisdoms and the due respect of the common good of the State and of your selves which is the earnest desire of Your affectionate Friends and Servants Mandevil Speaker pro tempore for the Lords House William Lenthal Speaker of the House of Commons A Declaration of the Lords and Commons of the Parliament of England to the High and Mighty Lords the States of the United Provinces We the Lords and Commons in Parliament assembled taking into serious consideration the meanes of composing the great distempers and combustions begun in this Kingdom which threaten the destruction and ruine of it and of all other Protestant Princes and States have thought good to make this Declaration to the High and Mightie Lords the States of the United Provinces That we under stand by a Letter of the Lord Digby a person fled out of this Kingdom for high Treason That as he often endeavoured by his wicked and malicious counsels to make division between his Majestie and the Parliament and hath been in great part the cause of that miserable and unnatural War which is made against us by his Majestie so he hath laboured by all means in the United Provinces to provide Arms Powder and Ammunition for the fomenting of that War and making it more dangerous to this Kingdom and for this purpose did address himself to the Prince of Orange by whose countenance and help as we are informed by the Lord Digby's own Letters he hath made provision of great quantities of Ordnance Powder Arms and divers other sorts of warlike provision And we are further informed by credible advertisement that the Prince of Orange in favour of the Lord Digby and those other wicked Counsellours and Incendiaries who being joyned together in these mischievous practises against the peace of this Kingdom hath not onely licensed but the better to encourage divers Commanders experienced Officers and Souldiers to resort into this Kingdom in aid of them against the Parliament hath promised to reserve their places for them in their absence and doth cause other provision of the same kinde to be made and prepared to be sent over for their supplie to the great hurt of this Kingdom and the danger of interrupting the most necessarie profitable and long continued amitie between the two States We further desire to let them know that we cannot believe that this is done by any authoritie or direction from their Lordships considering the great help that they have received from this Kingdom when heretofore they lay under the heavie oppression of their Princes and how conducible the friendship of this Nation concurring with the wisdom valour and industrie of their own people hath been to the greatness and power which they now enjoy Neither can we think that they will be forward to help to make us slaves who have been usefull and assistant in making them free-men Or that they will forget that our Troubles and Dangers issue from the same Fountain with their own and that those who are set a work to undermine Religion and Libertie in the Kingdome are the same which by open force did seek to bereave them of both It cannot be unknown to that wise State that it is the Iesuitical Faction here that hath corrupted the counsels of our King the consciences of a greaâ— part of our Clergie which hath plotted so many mischievous Designs to destroy the Parliament and still endeavoureth to divide Ireland from
goodness of Almighty God Accusing that Malignant party to poison the hearts and corrupt the Allegeance of his Subjects by a false Imputation of his favouring Papists imploying them in his Army when he saith that numbers of Popish Commanders and others serve in the Army of the Earl of Essex being privately promised that if they would assist against the King all the Laws made in their prejudice should be repealed Another Scandal he mentioneth to be very senseless that the King should raise an Army against the Parliament to take away their priviledges when in truth it is raised to have some particular Members of this Parliament to be delivered up to Iustice. He being as tender of their priviledges and conform thereto which his Army never intends to violate That the Parliaments Army is raised to Murther and depose the King to alter the frame of Government and the established Laws of the Land That the greatest part of the Parliaments Members are driven away from their Houses by violence That the Book of Common Prayer is rejected and no countenance given but to Anabaptists Brownists and such Schismaticks That the contrivers hereof endeavour to raise an Implacable malice between the Gentry and the Commonalty of the Kingdome A common charge upon the King it had been and so continued to the end of his publique Actings That he favoured Papists and entertained them in his Army and so they were and might be in both subtilly and cunningly by practice on both sides conveyed thither under the masque and profession of Protestants which is a truth of no great wonder and yet in general those of Lancashire Recusants petition the King That being disarmed and so not able either to defend his Royal Person according to their duties nor to secure themselves and families they may be received into his gracious protection from violence being menaced by all kindes of people to whose malice they are subject and must submit And indeed great and heavy pressures were put upon them by both Armies notwithstanding Orders and Declarations to the contrary had been published by either Army And hereupon the King had given Warrant to Sir William Gerard Baronet Sir Cicil Trafford Knight Thomas Clifton Charls Townby Christopher Anderton and Io. Clumsfield c. Recusants in the County of Lancaster That although by Statutes all Recusants convict are to be disarmed to prevent danger in time of peace but now Armies being raised against the King and his Subjects are by them plundered and robbed and their Arms taken and used offensive against his Person His will and command therefore is and they are charged upon their Allegeance and as they tender the safetie of his Person and the peace of the Kingdom with all possible speed to provide Arms for themselves servants and Tenants during the time of open War raised against him and no longer to keep and use for his defence Yet the Parliament prepare Heads of an humble Address unto his Majesty for composing difference and â—â—â—ling a Peace but withall to prevent mis-constructions whereby their just defence may be hindered they do declare That their preparations of Forces for their defence shall be prosecuted with all violence And accordingly Letters are directed from the Lords To the Right Honourable the Lord Viscount Faulkland principal Secretarie to his Majestie or in his absence for Mr. Secretarie Nicholas or any of the Lords or Peers attending the King Grey of Wark My Lord I am commanded by the Lords the Peers and Commons assembled in Parliament to address by you their humble desires to his Majestie that he would â—e pleased to grant his safe Conduct to the Commiâ—tee of Lords and Commons to pass and repass to his Majestie that are directed to attend him with an humble Petition from his Parliament This being all I have in Commission I rest Your assured Friend and Servant Grey of Wark Speaker of the House of Peers pro tempore Westminster Nov. 3. 1642. Which is granted so as the said Committee consist not of persons either by name declared Traitors or otherwise in some of his Declarations or Proclamations excepted against by name as Traitors and so as they come not with more than thirty persons and give notice before hand upon signification they shall have safe conduct Your Lordships most humble Servant Edward Nicholas Reading Nov. 4. Hereupon these Names are sent Algernon Earl of Northumberland Philip Earl of Pembroke and Montgomerie and four Members of the Commons Mr. Perpoint the Lord Wainman Sir Iohn Evelin of Wilts and Sir Io. Hippislie being the Committee of both Houses and desire his Majesties Pass and Repass under his Royal Hand and Signet Nov. 5. The safe Conduct is inclosed for all but Sir Io Evelin who is excepted being proclamed Traitor at Oxford and that if the Houses will send any other person not so excepted in his place His Majesty commands all his Officers to suffer him to pass as if his Name had been particularly comprised herein Reading Nov. 6. To recruit the Parliaments Army it is declared That all Apprentices that will list themselves in their service for the publick cause shall be secured from indemnitie of their Masters during their service and their time included to go on towards their Freedom and all their respective Masters are to receive them again when they shall return This Liberty made Holy-day with the Prentices and they were listed thick and threefold and now spoiled for being Trades-men ever after But it is time to consider what out dear Brethren of Scotland intended to do in this Distraction and therefore they are put in minde by a fresh Declaration of the Parliament How and with what wisdom and publick affection our Brethren of Scotland did concur with the desires of this Kingdom in establishing a peace between both Nations and how lovingly they have since invited the Parliament into a nearer degree of union concerning Religion and Church-government wherefore as the Parliament did for them a year since in their Troubles so now the same obligation lies upon our Brethren by force of their Kingdom to assist us Telling them that Commissions are given by the King to divers Papists to compose an Armie in the North which is to joyn with foreign Forces to be transported hither for the destruction of this Parliament and of Religion and Liberties of the people That the Prelatical partie have raised another Armie which his Majestie doth conduct against the Parliament and Citie of London And hereupon this Parliament desire their Brethren of Scotland to raise Forces for securing their own Borders and to assist here against the Popish and Foreign Forces according to that Act agreed upon in the Parliaments of both Kingdoms for the comfort and relief not onely of our selves but of all the Reformed Churches beyond Seas Nov. 7. 1642. The King as quick sends his Message to the Lords of his Privy Council in Scotland stating the condition between him and the
greatest should not be without one And so a new one was framed engraven thereon the Picture of the House of Commons and Members sitting Reversed the Arms of England and Ireland Cross and Harp Palie And presentlâ— after Mr. Henry Martin a Member without much authority forced an entrance into the Abby Church at Westminister with spoil upon the utensils and ornaments of the Church and broke open two Doors into a private Room near the place where the Regalia Crowns Scepters and other Ensigns of State used at Coronation of their Sovereigns but finding some obstacle that barred his entrance till Mr. Wheeler shewed him the secret that opened the passage to their seizure only prevented for that time by the Earl of Holland and some of the Commons House perswading Mr. Martin to forbear till further pleasure of the Lords concurring which he did by sealing up the Doors His Assistants saying Let us take the Crown and set it upon the Duke of Glocester 's head whom we have with us Tush quoth Martin ye are Fools to talk of Crowns or Kings of which there will be so little use hereafter But after dispute at a Conference the Lords were brought to this Reason That many superstitious things amongst the Regalia were sit to be removed as no longer usefull Whereto one unhappily made a prophetick Reply He doubted the King himself will ere long be some superstitious Monument of decayed Divinity and so thought fit to be removed the King not making the Crown but the Crown the King which being now in their hands they may bestow the Kingdom on whom they please The Earl of Essex hovering about Tame gave Orders about to Buckingham Forces to allarm the Kings Forces some Skirmishes had been on Saturday night Iune 17. and the nex moâ—ning Prince Rupert provokes a Body of Horse to appear early the next morning whom he wasted many Prisoners Captain Sheiffield Son to the Earl of Moulgrave the chiefest but their chief Commander Serjeant Major Gunter shot dead in the place and Mr. Iohn Hambden a principal Member of the fire died a Week after of those wounds he had in this Fight Iune 18. He was a Gentleman of good Descent in Buckinghamshire the great Incendiary from the first of these Troubles setting the Wheel on work in the great Sute of Ship-money against the King and so forward in Junto with the five Members so troublesome to the Kings proceedings then he takes Arms and is made a Colonel for Buckinghamshire whose interest in that County together with his subtilty fairly shadowed by his civil carriage he became the ablest Actor of all though Mr. Pym spake more in the Parliament this man gave best counsel And now he dies on the Bed of Honour being a Souldier but unfortunate and before he had brought his Engines to some end he had buried his Son and Heir and two Daughters and his Grand-childe two onely Sons surviving the one a Criple the other somewhat at like a Lunatick He received his deaths wound in Chalgrave Field the place where he first appeared to draw up his Men to shew himself a Commander in this unhappy War It was before that Captain Hotham had been taken Prisoner and escaped ten Days since from Nottingham thence to Lincoln and recovered Hull so opportunely that together with his Father Sir Iohn they were both seized upon and sent Prisoners to the Parliament and the Commissioner Sir Matthew Bointon for his pains therein took possession of the Town and Command for he coming thither unsuspected being Hotham's Brother in Law and much intrusted makes himself Master of the Magazine and the affections of the Souldiers eâ—e Sir Iohn had espied the practice but then too late he got out to Beverley where he was set upon by his own Souldiers corrupted by Bointon who pursued him back to Hull and at the Town-gate called Beverley the very place where he acted against the Kings person heretofore was himself knocked off his Horse by the But end of a Musket and taken Prisoner seizing hâ—s Wife and Children rifled his House and legally plundered him of all his Treasure which he had raked together in the Ruine and Ransack of his neighbour Subjects to the value of ten thousand pounds sending him and his Son Wife and Children in a Ship Prisoners to the Parliament to the effect of their future sufferings on the Scaffold the first of Ianuary 1644. Thus were the military actions managed this way whilest Sir William Waller was in the West with his whole Body upon the hither end of Lands-down in a place of great advantage whence he sent out a good party of Horse and Foot towards the Cavaliers Sir Bevil Greenvile and Sir Nicholas Slaining two gallant Gentlemen of Cornwall lining the Hedges towards their Champain and there advanced a strong party of Horse under protection of his Musketiers so that some of Greenvile's Horse being drawn out within Musket-shot retired in some disorder towards the Rear of his Foot whereupon the Cornish Foot advanced and bravely beat them out of the Hedges and the former Horse speedily rallying again recovered their ground Then a strong party of Waller's Horse drew into a large Field upon their Adversaries left Wing which were charged by their Horse and intirely routed the Cornish Foot likewise driving theirs from Hedg to Hedg through Woods and down steepy Hills back to their main Body and at last forced them from the brow of a Hill which they had barracadoed and whereon they had planted Cannon for the ground they had was advantageous an high Hill walled behinde and on both sides with Works on the Front the passage up very narrow and dangerous one side Wood the other side Hedges and both lined with Musketiers This ground Waller had got and stood in an intire Body his Foot within the Flank of stone-laid Walls through which he had made places for his Horse to sally being drawn up in Battalia at the Rear of his Foot before the other party Horse and Foot could be drawn up in order Waller charged them with his Horse played so thick with his Cannon and Muskets that he forced them from the Hill which yet was again assaulted twice nay thrice and the fourth time with very great difficulty the Hill was regained which Greenvâ—â—e himself maintained with a Stand of his own Pikes against the power of the others Horse and Foot and Cannon to the acknowledgment of his Gallantry and Honour even by his Enemies where he was unfortunately slain in the Front of his men with his Serjeant Major and Captain Lieutenant dead at his feet and in earnest I have heard it confest with as much Honour as ever was conferred on an Enemy Then the Cavaliers rallied their Horse and drew up their Cannon it growing dark but shot on all sides till Mid-night when their Adversaries stuck light Matches on the Hedges which received Volleys from each part of the Body but in stead
that Thirdly although somewhat may seem to be urged out of Scripture for the Scots Government with some shew of probability yet far from such evidence as may convince a mans conscience to swear it is agreeable to Gods word Next the Doctor excepted against that passage I shall endeavour the extirpationâ— of Prelacy in the Church of England c. I saith he dare not swear to that First In regard that I believe Episcopacy is an Apostolical Institution Secondly That the Church never so flourished as within five hundred years after Christ when it was governed by Bishops Thirdly That our English Episcopacy is justified by the prime Divines of the Reformed Churches beyond the Seas Fourthly That our English Bishops now and ever since the Reformation have disclaimed all Papal dependency Fifthly That the four General Councils confirmed in England by Act of Parliament 1 Eliz. assert Episcopacie And sixthly vvhich all men need to consider the Ministers of the Church of England ordained according to a Form confirmed by Act of Parliament at their Ordination take an Oath that they will reverendly obey their Ordinary and other chief Ministers of the Church and them to whom Government and charge is committed over them This Oath I and all Clergie men have taken and if we shall swear the Extirpation of Prelacie we shall swear to forswear our selves Lastly he excepted against that passage I will defend the Rights and Privileges of Parliament and defend his Majesties Person and Authoritie in defence of the true Religion and Liberties of the Kingdom Here said he the Members are put before the Head the Parliaments Privileges before the Kings Prerogative and the restraint of defending the King onely in such and such cases seems to implie something which I fear may be drawn to an ill consequence The Doctor urged that the intent of this Covenant vvas to bring in the Scots and to continue this horrid War the taking up Arms against the King being a thing supposed vvhich must not be contradicted In the end of the Letter the Doctor subscribed tvvo Greek Letters for his Name Delta and Phi the phi vvritten within the Delta which troubled the Parliament to interpret till Sir Walter Earl told them that Phi Delta stood for Fidelity yet because Delta stood above Phi it signified Malignancy and so the Doctor was punished accordingly for being afterwards convened before the Committee where the Counsellour at Law Mr. White the others Kinsman was Chairman not much better at Bar than able to dispute Arguments with that excellent School Divine but Mr. White went another way to work down-right conclusion to the Doctors last words who said I am of this minde and unalterable herein To whom the Chairman said If you will not be of another you must suffer The Doctor modestly made Reply Sir I must give you an Answer out of St. Chrysostome upon the like Censure Nec mihi ignominiosum est pati quod passus est Christus Nec tibi gloriosum est facere quod fecit Iudas And so he was sent back to their Gaol when not long after the learned Synod at Westminster were put upon a piece of work somewhat difficult for them and therefore writ a courteous Letter to him beseeching his pains and sufficiency in that excellent Comment upon Paul's Epistles which at their instance and for their honour he admirably performed in Prison yet for that service to them and his excellent merit of our Church these men of Westminster never moved Tongue Pen or Hands to help him out of Prison there he sacrificed the remain of his days and died a Martyr upon that score of the Scots Covenant Sir Robert Harloe moved in the House that the Popes Bull to the Irish might forthwith be printed For said he it will draw on the Covenant A pretty Spectacle said another to see a Bull draw a Covenant The Covenant Money Money War War Liberty and Liberty Rebellion for such were the Links of this Chain the City making this Order for the speedy raising of Money for the sudden advancing of the Scotish Armie And together with the pretence of Religion and Liberty there is now added a more eminent Danger assuring the Citizens That unless they sent in Money not onely these Islands will be ruined but the true Religion will be destroyed in all Protestant Churches c. And therefore the Ministers and Lecturers are to stir up their Congregations thereunto and to subscribe their Sums of Money c. for which they shall have the Publick Faith of both Kingdoms of England and Scotland together with such other Securitie as shall give content to all true lovers of their Religion and Countrey These ways hastened on the Scots Army whilest they cunningly lingred for their Salary a good Sum of Money And to let you see what that was take the particles of this Speech Our Brethren of Scotland says one are now moving to relieve us out of captivitie That the Cities great Honours and Privileges were conferred by Parliament and not by the King That the Cities chiefest glorie had ever been to cleave to the Common-wealth when Kings were seduced c. That the Scots coming would regain Newcastle whereby they might set a Rate upon Coals and raise great Sumâ— of Money c. That the Scots did not value Money as the end of their coming because we owed to them above two hundred thousand pounds And so be that they might have but this one hundred thousand pounds the Sum proposed they would demand no more but will assist us with twenty thousand Horse and Foot to free us from that popish plundering Armie c. But the King to undeceive his people not to swear to be forsworn publishes his Proclamation against the Covenant That whereas there is a Printed Paper intituled A Solemn League and Covenant for Reformation and Defence of Religion the Honour and happiness of the King and the Peace and Safety of the three Kingdoms of England Scotland and Ireland pretended to be ordered by the Commons in Parliament on the one and twentieth Day of September last to be printed and published which Covenant though it seems to make specious expressions of Pietie and Religion is in truth nothing else but a traiterous and seditious Combination against him and against the established Religion and Laws of this Kingdom in pursuance of a traiterous Design and Endeavour to bring in foreign Forces to invade this Kingdom His Majestie doth therefore straitly charge and command all his loving Subjects of what degree or qualitie soever upon their Allegeance that they presume not to take the said seditious and traiterous Covenant most straitly forbidding all his Subjects to tender the said Covenant as they will answer the contrary at their extremest peril Aâ—d this Proclamation came to the hands of the new Mayor of London Mr. Wollaston who succeeded Isaac Pennington and was sworn by Baron Trevor on Munday the last of October 1643. And yet that one of
raised by the Kings Commission here for that purpose were imployed in the Army of General Essex These things were known in Ireland and the effects foreseen which encouraged the Rebells there in some hopes of Peace by the Protestants necessities if not it might be possible for some Pacification or Cessation To that end the Irish frame a short Petition to the King presented to the Lords Justices and Council there in the Name of the Roman Catholicks for to be heard to speak for themselves In the beginning of December after the Irish Committee petition the King at Oxford of the miserie and necessitie of that gasping Kingdom unless timely Relief were not his loyal Subjects must yield their fortunes a prey their lives a sacrifice and their Religion a scorn to the merciless Rebells Upon which Commissioners meet on both sides but so unsatisfactory that the Kings Lieutenant General there being troubled with the cavils and proceedings of the Rebells marched out in Feb. with two thousand five hundred Foot and five hundred Horse to force Victual from them for his Army not having received any Relief from England in four Moneths before so that in March 16. following the Lords Justices and Council signifie That the State and Army there were in terrible want and that unless Money Munition Arms Cloaths were speedily sent thither utter destruction and loss of that Kingdom must follow Instead of Redress the very Ships as were to transport thither Cloaths and Victuals from charitable people were seized and taken by the Earl of Warwick and endeavours here to draw the Scots Forces from thence into this Kingdom to assist the Parliament Whereupon the Marquess Ormond the Kings Lieutenant General there had the 31. of Iuly last Commission to agree of a Cessation for a year which was concluded at Singinston the fifteenth of September at twelve a clock for a year and confirmed by Proclamation of the Lords Justices and Council at Dublin the nineteenth of September 1643. Donough Viscount Muskery Dillon Plunket Talbot Barnwell and others were for the Catholick Subjects as they styled themselves The Articles are ordinarily the same as usual free Trade and Prisoners of War released And as a Gift to the King they ingage for thirty thousand eight hundred pounds to be paid as a Present to the Kings use at several Payments before May-day Then to justifie the necessity of the Cessation for the good of the Kingdom we finde an Instrument setting down the misery of the Nation and want in the Army It had been proposed to very many persons of Honour and others in the Army who framed a Writing importing all the former particulars and there conclude They for these causes do conceive it necessary for his Majesties Honour and Service that the said Marquess Ormond assent to a Cessation of Arms for one whole Year on the Articles and Conditions drawn up and to be perfected by virtue of his Majesties Commission for the preservation of this Kingdom of Ireland witness our Hands this fifteenth of Sept. 1643. Clanricard and St. Albans Roscomon Dungarven Brahazon Inchequin Lucas Ware Erule Hunks Paulet Eustace Povey Gifford Percival Warren Cook c. Upon the Rebellion and Troubles in Ireland and upon the Cessation of Arms there the King hath expressed himself with that clearness as to the satisfying of all malicious Aspersions which some men have endeavoured to charge upon him where he saith That the Commotions in Ireland were so sudden and so violent that it was hard at first either to discern the Rise or applie a Remedie to that precipitant Rebellion Indeed that Sea of Bloud which hath there been cruelly and barbarously shed is enough to drown any man in eternal both infamie and miserie whom God shall finde the malicious Authour or Instigatour of its Effusion It fell out as a most unhappie Advantage to some mens malice against me that when they had impudence enough to lay any thing to my charge this bloudie opportunitie should be offered them with which I must be aspersed although there was nothing which could be more abhorred to me being so full of sin against God disloyaltie to my self and destructive to my Subjects Some men took it very ill not to be believed when they affirmed that what the Irish Rebells did was done with my privitie at least if 〈◊〉 by my Commission But these knew too well that it is no news for some of my Subjects to fight not onely without my Commission but against my Command and Person too yet all the while to pretend they fight by my Authoritie and for my safetie I would to God the Irish had nothing to allege for their imitation agâ—â—st those whose blame must needs be the greater by how much Protestant-principles are more against all Rebellion against Princes than those of Papists Nor will the goodness of mens intentions excuse the Scandal and Contagion of their Examples But who ever fail of their Dutie toward me I must bear the blame this Honour mine Enemies have always done me to think moderate Injuries not proportionate to me nor competent Trials either of my patience under them or my pardon of them Therefore with exquisite malice they have mixed the Gall and Vineger of falsitie and contempt with the Cup of my Affliction charging me not onely with untruths but such as wherein I have the greatest share of Loss and Dishonour by what is committed whereby in all Policie Reason and Religion having least cause to give the least consent and most grounds of utter detestation I might be represented by them to the world the more inhumane and barbarous Like some Cyclopick Monster whom nothing will serve to eat and drink but the flesh and bloud of mine own Subjects in whose common welfare mine interest lies as much as some mens doth in their perturbations who think they cannot do well but in evil times nor so cunningly as in laying the Odium of those sad Events on others wherewith themselves are most pleased and whereof they have been not the least occasion And certainly 't is thought by many wise men that the preposterous Rigour and unreasonable Severitie which some men carried before them in England was not the least Incentive that kindled and blew up into those horrid Flames the Sparks of Discontent which wanted not pre-disposed fewel for Rebellion in Ireland where Despair being added to their former Discontents and the Fears of utter Extirpation to their wonted Oppressions it was easie to provoke to an open Rebellion a People prone enough to break out to all exorbitant violence both by some Principles of their Religion and the natural Desires of Libertie both to exempt themselves from their present Restraints and to prevent those after-rigours wherewith they saw themselves apparently threatned by the covetous zeal and uncharitable furie of some men who think it a great Argument of the Truth of their Religion to endure to no other but their own God knows as I can with Truth
and Auxiliaries as being put upon the worst of service for their former ingratefull abuse and nicknaming their Noble General Now for the Honour of the field The General Essex Army marched away but left their heavy carriages behind some Barrels of shot Surgeons chests and their dead bodies to the view of the Cavaliers which the General Essex gave warrant to bury viz. To Mr. Fulk Minister and the Constables of the Parish of Enburn These are to will and require you forthwith upon sight to bury all the dead bodies lying in and about Enburn and Newbury-wash upon your peril if disobeying the one and twentieth of September 1643. Essex But the Kings care also appeared to the dead and wounded thus Our will and command is that you forthwith send into the Towns and Villages adjacent and bring thence all the sick and hurt Souldiers of the Earl of Essex's Army and though they be Rebells and deserve the punishment of Traytors yet out of our tender compassion upon them as being our Subjects Our will and pleasure is that ye carefully provide for their Recovery as well as for those of our own Army and then to send them to Oxford the one and twentieth of September 1643. To the Mayor of Newbery And so they were buried on both sides Many colours of the Kings Cornets were brought to London amongst them one was a draught of the Parliament House with the heads of the two Gun-powder Traytors set upon it with this Motto ut extra sic intus and being concluded to be of Colonel Spencers he and his Posterity were voted to be extirpated out of the Kingdome but yet it proved not his Colours The King and Queen stood the day upon the Hill and saw the fight a harder bout to both sides than that of Edge Hill Essex his aim was but to get through and pass to London so on they march homewards but Colonel Hurry makes after with a good party of Horse and fall upon theirs that brought up the Rear and daring to stand directly ran forwards quite through their own Foot and being in a narrow lane pressed them under the Horse heels routing themselves to the full so that the Cavaliers had less need to raise any courage for their Enemy suffered exceedingly whilst they clambred over or through the hedges took the shot or the sword at pleasure of the Assailants then indeed those that were gotten into the field did their part and forced the Horse to return backagain The success of which Battel gave much grace to the General Essex and repute to the London Trained bands a piece of service gallant on all sides enabled by its wonderfull rise lively progress nimble expedition Brave adventures but more advantage to the Parliaments party by which advance they might have framed an Army easily to have mastered the Country and distressed all the Kings Chief Garisons now reduced to those thereabout Bristol and Oxford and to engage the rest as Hereford and Worcester by stopping their supply of men and money And after Newbery fight the King sends Sir William Vavisor to Hereford with a strong party to raise Forces in those parts and to command in Chief in that County and Glocestershire to distress Glocester on the Welch side of the County and to Garison Teuxbury which he did coming from Hereford with seven hundred Horse and Foot carressed the Country with all candour but could not work upon them and therefore retyred back again yet the King had Garisons round about Snidley Castle maintained by the Lord Chandos stopt the entercourse with Warwick which was the only way of commerce with London Berkly Castle also for the King and kept by a Scotish Captain In the Forrest of Dean was Sir Iohn Winter strongly setled and to boot a Garison was put into Beverston Castle which enlarged their Quarters and stopt the Parliaments parties contribution and especially from Glocester who to subsist were forced to seek forrage placing a company at Frampton house to stop the incursions from Berkley Colonel Devereux his Regiment garisoned a strong house at Presbury within four miles of Snidley Another guard was set at Westbury on the edge of the forrest to affront Sir Iohn Winter who from the Pen secretary to the Queen was put to the pike and did his business very handsomely for which he found the enmity of the Parliament ever after Indeed he was assisted with the Lord Herberts Horse and threatned the Enemy out of the Forest and had made a passage over the Severn and New haven for that purpose Some weeks after the departure of the siege from Glocester Massie marched with hisâ— two Troops to Berkley Castle the Musketiers faced and kept in the Castellians whilst the Horse designed to fetch in Malignants but met with the Lord Herberts Troop and one hundred and fourty Horse besides which came to relieve the Castle which were fought with and retreated so did the Enemy return home again Sir Iohn Winter now entered upon the Government of Newnham and plundered all the Villages about and came within three miles of Glocester driving away store of Cattel Massy draws out seventy Horse pursues them to their Garison where they were entered with all their plunder five Troops of the Lord Herberts fell on Masseys Rears which stood them with advantage but Sir Iohn Winter chiefly respected his former secure Garison his own Horse in the Forrest and plagued the whole Country On the other side of Glocester the royall party erected new Governments Tedbury and Wootten-under-edge Massy marches that way with an eye upon Beverston Castle newly garisoned against him and commanding the rich Clothiers of Stroodwater hither he advanced with three hundred Foot and eighty Horse which did execution at Tedbury put to flight Sir Horatio Cary's Horse but with loss of twenty men slain and taken prisoners Massy brings up his men and two sakers against Beverston Castle surrounded it and planted his guns within pistol shot of the gate fifty Musketiers fixing their Pittar upon the Gate which failed and were forced back but the gate was not forceable and night coming on they drew off and advanced to Wotton-under-ege a temporary Garison of a Regiment of Horse which drew out upon a tilt retreated in at night but Issued out again fought Massy with indifferent success and so retreated to Bristol In this absence of Massy from Glocester Sir Iohn Winter taking that oportunity gathered forces from Monmouth and Hereford for surprizal of Glocester not without some Overtures from within Late at night Massy had Intelligence drew out fifty Musketiers from the Guard and sent them out with Captain Crisp three miles off to strengthen a good house in the passe but within a mile they were encountred by Horse and Foot drawn up in a broad lane near Higham house who retreated to Huntley The Welch forces though kept their Randevouz at Cofford in the Forrest and threatned Glocester divers of the Cavalier party in the
Close Committee For Subjects to make foreign Confederacies without their Soveraigns assent to invade the Territories of their undoubted King to go about by force to change the Laws and Religion established is grosse Treason without all contradiction and in this case it argues strongly who have been the Contrivers and Fomenters of all our Troubles No Covenant whatsoever or with whomsoever can justifie such proceedings or oblige a Subject to run such disloyal courses If any man out of Ignorance or Fear or Credulity have entred into such a Covenant it bindes him not except it be to Repentance Neitheâ— is there any such necessity as is pretended of your present posture your selves cannot allege that you are any way provoked by us neither are we conscious to our selves of the least intention to molest you Those ends which you propose are plausible indeed to them who do not understand them the blackest Designs did never want the same pretences If by the Protestant Religion you intend our Articles which are the publick Confession of our Church and our Book of Common Prayer established by Act of Parliament you need not trouble your selves we are ready to defend them with our Bloud If it be otherwise it is plain to all the World that it is not the Preservation but the Innovation of Religion which you seek however by you styled Reformation And what calling have you to refâ—rm us by the Sword We do not remember that ever the like indignity was offered by one Nation to another by a lesser to a greater That those men who have heretofore pleaded to vehemently for Liberty of Conscience against all Oaths and Subscriptions should now assume a power to themselves by Arms to impose a Law upon the Consciences of their fellow Subjects A vanquished Nation would scarce endure such Terms from their Conquerours But this we are sure of that this is the way to make the Protestant Religion odious to all Monarchs Christian and Pagan Your other two ends that is the honour and happiness of the King and the publick Peace and Liberty of his Dominions are so manifestly contrary to your practice that we need no other motives to withdraw you from such a course as tends so directly to make his Majesty contemptible at home and abroad and to fill all his Dominions with Rapine and Bloud In an Army all have not the same intentions We have seen the Articles agreed upon and those vast Sums and Conditions contained in them as if our Countreymen thought that England was indeed a Well that could never be drawn dry and whatsoever the intentions be we know right well what will be the consequents if it were otherwise no intention or consequent whatsoever can justifie an unlawfull action And therefore you do wisely to decline all disputation about it it is an easie thing to pretend the Cause of God as the Jews did the Temple of the Lord but this is far from those evident Demonstrations which you often mention never make Consider that there must be an account given to God of all the Bloud which shall be shed in this Quarrel The way to prevent it is not by such insinuations but to retire before the Sword be unsheathed or the Breach be made too wide you cannot think we are grown such tame Creatures to desert our Religion our Laws our Liberties our Estates upon command of Foreigners and to suffer our selves and our Posterity to be made Beggars and Slaves without opposition If any of ours shall joyn with you in this Action we cannot look upon them otherwise than as Traitours to their King Vipers to their native Countrey and such as have been Plotters or Fomenters of this Design from the beginning But if mis-information or fear hath drawn any of yours ignorantly or unwillingly into this Cause we desire them to withdraw themselve at last and not to make themselves Accessaries to that Deluge of Mischief which this second Voyage is like to bring upon both Kingdoms The Scots for a Moneth together have likewise spread abroad this slander That divers of the Nobility have lately deserted the King which the Lords of the Assembly of Parliament at Oxford took upon them to convince that in time to come there might not be left one Loop-hole of Excuse for this their Rebellion Directing their Letters To the Lords of the Privy Council and Conservatours of the Peace of the Kingdom of Scotland Our very good Lords If for no other reason yet that Posterity may know we have done our Duties and not sate still whilest our Brethren of Scotland were transported with a dangerous and fatal misunderstanding c. We have thought it necessary to tell you that when you are informed that the Earls of Arundel and Thanet and the Lords of Stafford Stanhop Coventry Goring and Craven are beyond Seas and the Earls of Chesterfield Westmerland and the Lord Montague of Boughton under restraint at London for their Loyalty and Duty to his Majesty and the Kingdom your Lordships will easily conclude how very few now make up the Peers at Westminster there being not above five and twenty Lords present or privy to these Councils And so they go on to give their Reasons why this Assembly at Oxford are dissenting and absent from Westminster being forced away by the Multitude of the meaner sort of the City Rabble of London and prosecuted by unparliamentary Debates and Votes without freedom or safety to their Lives And therefore we do protest against any Invitation made to the Scotish Nation to enter this Kingdom with an Army And we do conjure your Lordships by our common Allegeance under one gracious Sovereign by the amity and affection of both Nations by the Treaty of Pacification and by all obligation divine and humane which can preserve peace upon earth to prevent the effusion of so much Christian Bloud and the confusion and desolation which must follow this Invasion c. And therefore your Lordships may be assured we shall expose our lives and fortunes in the just and necessary defence of the Kingdom Engaging our Honours to be our selves most religious observers of the Act of Pacification and we hope to receive such an answer from you as may preserve the two Nations c. Your Lorships most affectionate humble servants And signed by all the Lords and Peers of the great Assembly at Oxford about sixty as before in the Roll aforesaid We will end this year with Prince Ruperts relief of that gallant Garison at Newark from the three weeks hot siege of Sir Iohn Meldrum for the Parliament wasting his Army from seven thousand to five thousand the manner was thus Prince Rupert being at West-Chester upon Tuesday night March 12. received his Majesties commands to march with all speed to the relief of Newark with four thousand Foot under five Regiments and four Colours and two thousand Horse and Dragooners Upon these Summons he made haste to Shrewsbury speeding away Major Legge General of the
Parliament at Edenburgh but Montrose and his friends do not appear The Covenanters out vote the Royal party by seventy voyces assuming all Soveraign power with the King and ordain to Levy a powerful Army against the King in ayd of the English Parliament And now again they deal with Montrose who to work the Kings interests the better he accepts and is caressed by Alexander Henderson the Covenanters Apostle to satisfie his conscience who to sift the secrets with Napier Ogleby and Keer meet neer Sterling To those Henderson discovers that it was resolved to send an Army in ayd of their brethren in England against the King that for his own part he was happy to be a Minister and Mediatour in so blessed a businesse entreating Montrose to speak his minde freely and to commit the affairs to him effectually to manage it with the Parliament for profit and honour to them all To which Montrose returns a hopeful answer In company of Henderson comes one Sir Iames Rolloch chief of an ancient Family and Kinsman to Montrose who assures him that Henderson had instructions from the Parliament to treat Montrose acquaints all his friends who though passionate for the King yet his loss being without recovery and themselves unable to act they would be lookers on But he and Ogleby post's to England and arrive at Oxford whilst the King was at the siege of Glocester to the Queen they communicate all but she over-affected to the interest and power of the Hamiltons neglects them who go to the King at Glocester and inform him that of necessity the strength of treasons ought to be broken ere it grew to big The King in distresse what to doe to struggle with the deep-rooted confidence he had of the Hamiltons the subtil devices of desperate Courtiers who daily buzzed in his ears too Montrose's prejudice in ballance with Hamiltons and so returns to his winter quarters at Oxford where the publique reports of Scotland fixed Montrose's discoveries to be true the Scots Army being raised 18000. foot and 2000. horse and upon the borders then Hamilton in Scotland posts his Letters of discovery to the King with this excuse that he and his friends had prevailed to prevent an invasion the last Summer but now winter is come and the Army marching The King shews these Letters to Montrose and commands his advice and counsel to recover him from the treachery of such â—o whom he had intrusted his greatest concernments It was with several daies counsel thus concluded That the King should send some Souldiers out of Ireland inâ—o the west of Scotland to order the Marquesse of Newcastâ—â— the Kings General of his Northern Forces in England to assist Montrose with a party of Horse to enter the south of Scotland and so into the heart of that kingdom That the King of Denmark might be dealt with for some Troops of Germane Horse And Montrose to have some Army from beyond seas into Scotland All these the King would undertake to effect and gave assured trust in Montrose his valour faith and good fortune And instantly sends for the Earl of Antrim of Scotish extraction descended of the Noble and ancient Family of the Mac-donalds and lately matched in mariage to the Duke of Buckinghams Widow and being driven out of Ireland resided at the Court at England Antrim confirms this Counsel with assurance to Montrose that he would be in Arguile a part of Scotland bordering upon Ireland by the first of April 1644. and this was in December And Sir Io. Cockram is sent forthwith to the King of Denmark for Horse and Arms and post is sent to the Marquesse of Newcastle to prepare for Montrose's coming who is instantly Commissioned to be Governour of Scotland and General of the Kings Army there But presently comes Hamilton and his Brother the Earl of Lanerick post from Scotland and gives out by the way that they were banished their Countrey for Loyalty to the King and were forced to fly to him for succour With much adoe the King was advised to forbid them the Court Lanerick stayes in Oxford and suddainly gets to the Parliament at London and afterwards to the Scotish Army so soon as they entred England and ever since to do them service And thereupon Hamilton is sent prisoner to Pendennis Castle in Cornwal Montrose having intelligence of several Scots Counties suspected of disloyalty advised the King to invite the Scots in Court to a Protestation heartily to detest the courses of the Covenanters and condemned the coming in of the Army into England against the King and the Laws of the Land as an act of treason promising and vowing to acquit themselves of that scandal and to the utmost of their power and hazard of their lives and fortunes to oppose those that were guilty But as the most Scots took this Protestation so the Earl of Traquair and Mr. William Murray of the Bedchamber a while refusing for fear of the Covenanters yet afterwards engaged themselves by solemn oath to aid Montrose in Scotland by a day prefixt which Oath they basely broke Montrose hastens to the Marquesse Newcastle who discourses of nothing more then the necessity of his Army the Scots having spoiled his Recruits and were quartered within five miles of him that he could not spare a Horse but if hereafter he should winde himself from this present danger he would not be wanting in the best of his service to Montrose and so in much necessity he affords him 200. Horse with 2. brasse field pieces with Orders to all the Kings Forces to aid him in his journey to Scotland and was met by the Counties of Cumberland and Westmerland with 800. Foot and three Troops of Horse and he had got together some noble friends with 200. Horse more and enters Scotland the 13. of April 1644. where we leave him to that yeare It was this year that the French were famous for the Battle of Rocroy being besieged by Don Francisco de Melo with an Army so compleat as nothing additional could be devised But ere he sets down he creates the Duke of Alburquerque General of the Horse a young Portugâ—ese and God knowes a pittiful Souldier whom the Officers did not obey But when the French fell on they need not fight for the enemy began to rout and then to run and the other to follow their execution And this service was done by the fate without fighting of the Duke of Anguien now Prince of Conde He had the glory but General Gassion did the work and was the cause of the taking of Theouville But Melo was therefore turned out of command though of himself a gallant person but ill successe must be punished to please the Fates for the King of Spain was constrained thereby to call him home and to give the Government to Castel-rodrigo till the Arch Duke Leopold came himself thither But as the French won the day here so oftentimes they lose others these Two Monarches shuffling for the Goal
which was assessed in Money proportionable to the condition of the Family The Scots are come and great care taken at Westminster for pay of that Army the twentieth part over all the North they have power to assess for themselves and all Malignants Estates that they can seize within their reach Nay several Counties and Associations are assessed for them Against whom the Marquess of Newcastle marched Northwards and to attack him in Yorkshire follows Sir Thomas Fairfax who was guided by his Father as the Father is by the grand Committee at Westminster as the Committee is by the Scots This dependency being very necessary to assure them good Welcome for so says their Letter to the Lord Fairfax My Lord VVe have taken into consideration the opportunity offered for reducing of Yorkshire whilest the Marquess of Newcastle hath drawn his Forces towards the North to oppose the Scots and how necessary it is to hinder his further Levies that Sir Thomas your Son march into the VVest Riding with all his Horse with two Regiments of Foot out of Lancashire and that your self take the Field with what Forâ—es you can and joyn with your Son for effecting these ends to hold a continual Intelligence with the Scots Army by drawing near Tees March 2. Northumberland Jo Maitland And here we see the great Earl of Northumberland invites the ancient Enemies of England into his own County and the Lord Fairfax into Yorkshire Cambridg University lay under the ordering of the Earl of Manchester Serjeant Major General of the Association where these Heads of Houses were turned out Dr. Beal Dr. Martin Dr. Stern in whose places were put in Masters of the Colleges Mr. Palmer Mr. Arrowsmith Mr. Vines as men more fit indeed such others as these were changed into the like I know not how more fit I am sure some of them are famous for false Latine Sir William Waller forward on his way to finde out the Lord Hopton who was drawn out of Winchester with sufficient Horse to oppose Sir William Balfore whom Waller had sent before to possess Alresford but came last for his Lordship was there first and forced Waller into small Villages in the morning Hopton drew down to Bramdean Heath and found Waller on a fair Hill and would not be forced thence till a long Dispute the Hill thus gained Colonel Lisle with his commanded Men kept it all night in this time of darkness Waller had mastered another Hill of greater advantage by the covert of Trees and Hedges which Colonel Appleford was to repossess and found it a hard Task to mount up against the powring shot of such as lined the Hedges not seen from whence it came Volleys well performed which yet were fain to give way to force which cost them dear enough for they paid a good price for it Here was a pretty breathing if Waller went off Hopton would follow to his undoing if they came on they would undo themselves but the Allarm was given by a mistaking Corporal of Hopton's who took his Enemies for Friends and so were engaged too far to seek throughout within their Ambuscadoes who now play their parts by this Advantage and put Hopton to a Retreat and neither parts had cause to cry Victoria for both sides were soundly beaten I intitle the Fight to the Lord Hopton but General Forth was there upon the other score he came in with the Lord Iohn Stuart sore wounded but I know not how concluded for dead yet Sir Arthâ—r Hasâ—erig called it A safe Deliverance though at London it was cried up for a Victory on this side Sir William Balfore in his Letter to his General â—ssex numbers then to be eight Commanders killed by him the Lord Stuart indeed and Sir Iohn Smith died afterwards of their wounds two gallant Gentlemen so did Colonel Sandys and Colonel Manning and Colonâ—l Scot Colonel Appleyard and Captain Pierson Sir Edward Stowel and Sir Henry Bard these were hurt and deserve honourable mention But at London they mention three Lords killed Stuart is confessed but not the General who they make a double one for his two Titles Forth and Ruthen And so they are described to be Gebal Moab and Ammon and to be utterly vanquished by the Servant of God Sir VVilliam VValler And the Parliament had some of theirs slain Dalbier wounded and Colonel Thomson had his Leg shot off by a Cannon Bullet And this happened upon a Friday March 29. The Cavaliers in disorder drew their Cannon off towards VVinchester but wheeled off unseen to Basing House VValler marches to VVinchester which was rendered to him upon Summons and Hopton is now at Oxford But a solemn Thanksgiving was ordered in London for this Victory and some Members sent to the City to encourage them for Supplies The Earl of Pembroke and Montgomery told them That the City Auxiliaries had done their part and if they went but once more they would rid the Kingdoms of these Rogues the occasion of all our miseries And upon these preparations and success of the Parliament the King draws all his Forces to a Rendezvouz to oppose his Adversaries And as VValler had done such Encouragements heightened others to undertake Mountains Colonel Griffith commonly called Prince Griffith had the confidence to propose to the House of Commons That if he might have a Commission to command in chief of all North Wales next under General Essex and to have Delinquents Estates there by him to be discovered and the Income of such as he should conquer in North Wales not exceeding the Sum of fifteen thousand pounds he would engage his Life and Estate to raise such Forces as should reduce Wales to obedience Which was referred to the Committee of both Kingdoms And he set out in all magnificence with his Silver Trumpets and guarded Coats But at his first Encounter with some of Prince Rupert's Forces whom he sought out for a single Duel Prince Griffith was totally routed which occasioned a merry Lady to tell him He looked sadly ever since he lost his Silver Trumpets And so cashiered he became debaucht and abused the Lady Herbert for which he was imprisoned but her honour much concerned he was released and so having spent a reasonable Fortune he was necessitated to travel beyond Seas where at Paris he was killed in a Tavern the end of his impudency We may enter this Spring with the setting out of General Essex and his Army to be recruited to seven complete Regiments of Foot and six Regiments of Horse and a constant Pay of thirty thousand five hundred and four pounds a Moneth for four Moneths And the Parliaments Navy to be complete for this Summer with addition of twelve Merchants Ships in the places of nine others unserviceable and fifteen small Catches to be added to the Fleet. And a new way of Contribution was devised for getting Moneys towards the charge of arming the Auxiliary Forces now raising within the City of London That all Inhabitants
as many or if you shall finde that any way inconvenient to come in person that then your Lordship will appoint such or so many to meet with the like number from hence that may consider of all means possible to reconcile these unhappie Differences and misâ—understandings that have so long afflicted this Kingdom And for the securitie of your Lordship and those that shall come with and be imploied by your Lordship we do engage our Faith and Honour and do expect the same from your Lordship desiring withall your speedie Answer which must be a Guide to our Proceedings concluding that if this shall be refused we shall hold our selves justified before God and Men whatsoever shall be the Success so we rest From the Armie Aug. 8. 1644. Your Lordships humble Servants Maurice Thomas Wentworth Lindsey Lord Hopâ—on Nothampton Cleveland Thomas Blagge Joseph Bamfield Anthony Thelwel John Owen Thomas Stradling Robert Howard John Stocker Edward Porter Gilbert Armstrong Richard Nevil Thomas Pigot John Brown Ad. Scroop Amy Polard James Hamilton Richard Thornhill John Toping James Dundasse Giles Strangways R. Smith Ja. Cary Brainford Piercy Jacob Ashley Richard Cave Bernard Stuart Bernard Astley Theophilus Gilby William Leighton William Murrey Thomas Blackwell Thomas Bellingham Richard Page Bar. Jenkins Henry Miller Richard Fielding Thomas Weston Paul Smith G. Mouldsworth Phil. Honywood Thomas Culpeper William Leak Jo. Lunther Jo. Monk Cha. Fawlk Richard Samuel Arthur Slingsby George Goring Joseph Wagstaff Thomas Basset Charls Lloyd George Lisley William St. Leager Henry Lundsford Barth Pell Henry Shelley Thomas Paulet Thomas Kirton Anthony Brocher Devery Leigh David Stringer Ja. Mowbray Charls Compton Edward Not Alexander Standish Jo. Rideck Jo. Stuart Jo. Gambling Jo. Greenvile Arthur Henningham Ja. Haswith W. Maxwel And after his defeating Essex in Cornwall he writes from Tavestock To the Lords and Commons assembled in Parliament C. R. It having pleased God in so eminent a manner lately to bless our Armies in these parts with success we do not so much joy in that blessing for any other consideration as for the hopes we have it may be a means to make others lay to heart as we do the miseries brought and continued upon our Kingdoms by this unnatural VVar and that it may open your ears and dispose your minde to imbrace those Offers of Peace and Reconciliation which have been so often and earnestly made unto you by us and from the constant and firm endeavours of which we are resolved never to desist in pursuance whereof we do upon this occasion conjure you to take into consideration our too long neglected Message of the fourth of July from Evesham which we again renew unto you and that you will speedily send such an Answer thereunto as may shew unto our poor Subjects some light of Deliverance from their present calamities by a happie Accommodation toward which we do here engage the word of a King to make good all these things which we have therein promised and really to endeavour a happie conclusion of this Treatie And so God direct you in the waies of Peace Given at our Court at Tavestock Sept. 8. 1644. These Messages were in his Marches the like he continues at his Return and setling at Oxford often times ere he could procure a Treaty as in dâ—e place here after in Ianuarie But as yet no endeavours of his could prevail and it hath been urged the jealousie of mutual confidence in eithers performance certainly the mystery was whether the King should trust to Essex and his Army or Essex to his and the difficulty might be how to advise in either It was said that Essex made some Overtures fair enough but how secure I shall not conclude Essex had it expresse in his Commission To take the King from his evil Counsel he urged therefore to be voluntarily trusted with the Kings person and the Kings Army to disband upon this assurance that then his Army being on foot he would not disband untill all things were performed to the general content and peace of the Kingdom So then the difficulty how to do what each party desired to be done kept on the War to the destruction of all Besides there was a providence or fate as we say therein which the Lord Digbie in a Letter calls His superstitious Observation concerning the hand of God in the cause of the Earl of Strafford 's death And the King from thence inferres in a Letter to the Queen That nothing can be more evident than that Strafford 's innocent bloud hath been one of the greatest causes of Gods just Iudgments upon this Nation by a furious Civil War Both sides hitherto being almost equally punished as being in a manner equally guilty but now this last crying blâ—ud being totally theirs I believe it is no presumption hereafter to hope that his hand of Justice must be heavier upon them and lighter upon us looking now upon our Cause having passed by our Fault The Estates of the Netherlands had sent their Ambassadours to the Parliament but not well instructed how to make their Address it took up some time for them to have new Instructions both for the Title of their Letters and Commissions from their Masters And so after these circumstances were setled they had Audience and being the first Address of note the Parliament referred it to a Committees direction which was upon the twelfth of Iulie the Master of the Ceremonies conducted them to both Houses apart and Chairs of State were set up for their repose one in the withdrawing Room by the House of Lords the other in the inner Chamber of the Court of VVards by the Commons where reposing a while they were brought to each House delivering their Embassie first in French and after in English in effect That the high and mightie States of the United Provinces had sent them to declare their earnest desire they had to interpose and mediate a Reconciliation of the Difference between the King and Parliament of England for which purpose they had already addressed themselves to his Majestie and were now come to declare it to the Parliament They further insisting upon the great effusion of Protestant bloud both in England and Ireland as a presaging inducement of their Desires to have a Peace accorded between the King and Parliament that so they might concur together for the Extirpation of Poperie and setling of the Protestant Religion in all the three Kingdoms and with the assistance of the States to defend it against all foreign powers The Ambassadours had received Letters from the Kings Court at Oxford intimating the Kings Successes in the North which the Parliament desired to correct and to evidence their Victories eight and fourty Colours of Horse and Foot were received from their Northern Commanders the Scots General the Lord Fairfax and his Son Sir Thomas and lay in their view in the House of Commons which was no otherwise resented than that they might as well have made the number
ten times over Here they remained pretending a Peace but in earnest to settle Trade and to see which way the Game went and having leave to go to the King they caress him with their Masters the States great inclination to cement these Differences but the King knew their mindes not to engage for him and so they returned in the end of this year The Marquess of Newcastle had been besieged above nine Weeks by the Parliaments Forces in the North for the raising of which Prince Rupert advances out of Shropshire marching with his Army through Lancashire raises the Siege of Latham House takes three Garisons Stopford Bolton and Leverpool he came forward towards York and on Sunday last of Iune enquartered at Knaresburgh fourteen Miles off the next morning over Burrough-bridg and that night along the River to York upon whose approach the Besiegers quit their Quarters and those in York pursue the Rear and seize some Provisions the next morning Iâ—lie 2. the Prince advances after them resolving to give them Battel by noon yet was it almost seven a clock ere they began and upon disadvantage enough for the Parliaments Forces had choice of the Ground and stood it on a Corn Hill on the South side of Marston Moor four Miles from York and so the Prince taking their leavings fell on upon their Horse who began to shrink and their right Wing of Horse and Foot were routed by the Princes left Wing commanded by General Goring Sir Charls Lucas and Major General Porter And thus confessed by themselves Our right VVing of Foot say they had several mis-fortunes for our right VVing of Horse consisting of Sir Thomas Fairfax 's Horse in the Van and the Scots Horse in the Rear wheeled about and being hotly pursued by the Enemies left VVing came disorderly upon the Lord Fairfax his Foot and the Reserve of Scotish Foot broke them wholly and trod the most of them under foot The Fight was sharp for three hours till night put a period Some of the Prince's Horse followed execution too far and none advancing to supply their absence the Enemy rallied and did the work and many slain on both sides and Prisoners also taken three Prisoners of quality on the Cavaliers party Lucas Porter and Colonel Tilliard The Scots were the Reserve in all their three Armies but smarted at last because their Van both of Horse and Foot not standing brought execution upon them The Parliament printed two Relations the one a Scotish Captain says That Prince Rupert had got the Ground with VVinde and Sun of the Scots when it is certain it was late in the Evening that the loss of men of qualitie upon their parts was but one Lieutenant Colonel and some few Captains And yet he says that the Earl of Eglinton's Regiment lost four Lieutenants the Major the Lieutenant Colonel and the Earls Son mortally wounded that the number of their slain about three hundred and that of the Cavaliers almost three thousand that Prince Rupert took all the Ordnance out of York and lost them in this Fight which Sir William VVallar says were eight and twentie Pieces Another Relation five and twentie And another says twentie That in this Fight were taken ten thousand Arms. Sir VVilliam Waller says six thousand Another Scots Captain says three thousand For Colours they shew a Scene of 47. Colours The truth is that the Horse of both Armies were sufficiently scattered by night next morning the Prince marched towards Thursk and can onely say That he relieved York with some Cattel raised the Siege and was soundly beaten Yet from thence he marched with six thousand Horse and three thousand Dragoons into Lancashire But from the last Fight divers of the Kings party took leave to depart the Kingdom and landed at Hamburgh the Letters from thence names them the Earl of Newcastle lately made Marquess with his two Sons and his Brother Sir Charls Cavendish General King the Lord Falconbridg the Lord VViddrington the Earl of Cranworth the Bishop of London Derrie Sir Edward VViddrington Colonel Carnabie Colonel Basset Colonel Mozon Sir VVillam Vavasor Sir Francis Mackworth with about eighty other persons Sir Thomas Glenham was Governour of York a gallant Gentleman maintaining it against the Siege of all the main Northern Forces of the Parliament the Earl of Manchester the Lord Fairfax and his Son And although Prince Rupert had so far relieved the City as to send them in some Cattel but neither Men nor Amunition so that after his fatal Blow at Marston Moor and now marched away the City left utterly from further expectation of assistance and the Parliaments Forces now resolving to fall upon the storming which the Governour opposed with as much gallantry as his necessitous condition could afford but being over-powered and his wants increasing he was inforced to surrender the City upon honourable terms on the sixteenth of Iulie 1. That all Officers and Souldiers â—hall march out on Horse back with their Arms flying Colours Drums beating Matches lighted Bullets in Mouth with Bag and Baggage 2. VVith a Convoy to Skipton 3. The Sick to depart at pleasure 4. That no Souldier be plundered or enticed away 5. The Citie to enjoy their Trade 6. The Garison to be two parts of three Yorkshire men 7. The Citie to bear Charges with the Countie as usual 8. To dispose and enjoy their Estates according to the Laws of the Land without molestation 9. The Gentlemen there to dispose and carrie away their Goods at pleasure 10. That the Churches be not defaced no man plundered justice to be administred by the Magistrate as before 11. That all persons whose Habitations are within the Citie though now absent shall enjoy the benefit of these Articles The Parliament ordain new Levies to be raised ten thousand Foot and fifteen hundred Horse and one thousand three hundred Dragoons out of nineteen Counties South Counties Suffolk Norfolk Huntington Oxford Berks c. Not only to raise these thousands but must advance as much money as will pay them during their imployment so as it was said that the two Houses at Westminster would devour all the Houses in London It was murmured that as these two had ruined all the rest so ere long they would pull down one the other for the Lords were daily baited by the Commons as Peers which yet doe but should not sit above them so as Mr. Blaston lately told the Lower Members That the Lords had been allowed too long to domineer and we see said he how often they have been defective the Lower stickling to heave out the Higher by the strength of whose Votes and Number the Committee of State is newly reared up which at long running will be too hard for them both and then that very Committee will perchance split into two Factions when our Northern Brethren may prove the better Gamesters because the Elder at this kinde of Contract untill at the last the whole Cause will appear in its
confined to fit words So slight and easie is that Legerdemain which will serve to delude the Vulgar That further they should use such severitie as not to suffer without penaltie any to use the Common Prayer Book publickly although their Consciences binde them to it as a Dutie of Pietie to God and Obedience to the Laws Thus I see no men are prone to be greater Tyrants and more rigorous Exacters upon others to conform to their illegal Novelties than such whose pride was formerly least disposed to the obedience of lawful Constitutions and whose licentious humours most pretended conscientious Liberties which Freedom with much Regret they now allow to me and my Chaplains when they may have leave to â—â—rve me whose Abilities even in their extemporarie way comes not short of the others but their Modestie and Learning far exceeds the most of them But this matter is of so popular a nature as some men knew it would not bear learned and sober Debates lest being convinced by the Evidence of Reason as well as Laws they should have been driven either to sin more against their knowledg by taking away the Liturgy or to displease some Faction of the people by continuing the use of it Though I believe they have offended more considerable men not onely for their Numbers and Estate but for their weightie and judicious Pietie than those are whose weakness or giddiness they sought to gratifie by taking it away One of the greatest Faults some men found with the Common Prayer Book I believe was this That it taught them to pray so oft for me to which Petitions they had not Loyaltie enough to say Amen nor yet Charitie enough to forbear Reproaches and even Cursings of me in their own Forms in stead of praying for me I wish their Repentance may be their onely punishment that seeing the Mischiefs which the Disuse of publick Liturgies hath already produced they may restore that credit use and Reverence to them which by the ancient Churches were given to Set Forms of sound and wholesome words But Praier upon all occasions must be ex tempore and to pick and chuse what Chapters or Psalms the Minister pleaseth but before and after Sermon to conclude with the Pâ—ter noster Novemb. 26. For Baptism it must be in the Church the manner referred to the use of French and other Reformed Churches beyond Seas And afterwards came in the Directorie for Mariages Visitation of the Sick and the whole compleated by the Commons Decemb. 23. But in respect of many dissenting Brethren of the Assemblie it was referred to a Committee before it should be born up to the Lords and onely three hundred of them printed to be distributed to the Members to seek God for his direction And at length complete Mr. Rous carries it up to the Lords Ianuarie 1. and so it was printed for the publick use of all people And the two Scribes of the Assemblie whose pains are considered therein and are to partake equally in the profits Ian. 4. And the same Day passed the Ordinance also for attainting the Arch-bishop of Canterburie of high Treason Thus much for Church-worship and now they consider of the Presbyterial way for Government of the Church and the dissenting Assemblers having printed their Reasons for each Member of the Commons a strict Order was That no man presume to reprint or to disperse any of those Reasons as they will answer it at their perils Certainly they were though dispersed and so satisfactory against the Presbyterial way which is the reason they were strictly inquired for and suppressed And on the sixth of Ianuarie the Commons House resolve That to have a Presbyterie in the Church is according to the Word of God And the same day provision is made for such of the Assemblie that have lost their Means to have better subsistence and so having never any or lost but little they were preferred to the best places in England and some to Pluralities But on they go to order the Train of Pastors Doctors Teachers Elders Deacons c. Officers of the Church And good God how this new manner wrought upon many The Prince Elector was come over and who but he must be ordered by Parliament to fit with the Assemblie and to have a print of the dissenting Reasons so that it was said not in earnest that he was sent Nuntio from the Palatinate to direct our Directorie And then what Debates Resolutions Votes Orders Ordinances about the use of Classes several Congregations under one Classis and that the Church should be governed by Congregational Classical Synodical Assemblyes which made such work among the weaker sort as that it was suspected those hard words would disturb the doctrinal part as it did We have heretofore observed how oft the King had sent to the Parliament for a Treaty of Peace and now being returned from the West and setled at Oxford they by a Committee of English and Scotish for now they are joyned in all publick affairs present him with their Deâ—ires and Propositions for a Peace agreed upon by mutual consent of the Parliaments of both Kingdoms united by Solemn League and Covenant Novemb. 23. 1. That by Act of Parliament in each Kingdom respectively all Oaths Declarations and Proclamations against both or either Houses of the Parliament of England and the late Convention of the Estates in Scotland and their proceedings c. be declared null 2. The King to swear and sign the late Solemn League and Covenant and the taking thereof by all the Subjects of the three Kingdoms 3. To pass the Bill for the utter abolishing of Bishops Root and Branches agreeing with the late Treatie at Edinburgh Novemb. 29. 1643. 4. To confirm the Ordinances for the setling of the Assemblie of Divines 5. That Reformation be setled by Act of Parliament as the Houses shall agree upon according to the Covenant c. 6. That Papists abjure and renounce the Pope Transubstantiation Purgatorie Images if not to be therefore convicted and severe Laws to be made against them 7. Their Children to be educated Protestants 8. To give his royal assent to several Acts and Bills to be passed as is named An Act in the Parliaments of both Kingdoms respectively for confirmation of their Treaties viz. the large Treatie for coming in of the Scots and the setling of Barwick and for Ireland and all other proceedings between the two Kingdoms by Treaties An Act to avoid the Cessation of Ireland and to prosecute the War there by Orders of Parliament To establish the joint Declaration of both Kingdoms Dated Jan. 30. 1643. in England and 1644. in Scotland With these Qualifications viz. That the persons without pardon are these to be excepted Princes Rupert and Maurice the Earls of Bristol Derby Newcastle the Lords Cottington Pawlet Digby Littleton Arch-bishop of Canterbury Bishop of Ely Sir Robert Heath Bishop of Derry Sir William Widrington Colonel Goring and these Knights Hopton Dodington Ratcliff Langdale Hothams
Pietie and Iustice therein And offered to joyn in any course for the good of that Kingdom These being the Particulars it will be considerable how far these Propositions trench upon the Kings rights without any considerable compensation First In that of Religion The Parliaments Commissioners proposed the taking away his whole Ecclesiastical Jurisdiction his Donations and Temporalities of Bishopricks His first Fruits and Tenths of Bishops Deans and Chapters instead whereof the Parliaments Commissioners did not offer to constitute the least dependance of the Clergie upon the King And for this considerable a part of his Revenue they proposed only the Bishops Lands to be setled on him reserving a power even in those Lands as the Parliament shall think fit whereas all the Lands both of Bishops Deans and Chapters if those Corporations must be dissolved doe undoubtedly belong to the King in his own Right And for the Militia as it is proposed The King is so totally divested of the Regal power of the Sword that he shall be no more able either to assist his Neighbour Allies though men were willing to engage therein or to defend his own Dominions from Rebellion or invasion and consequently the whole power of Peace or War the undoubted right of the Crown is taken from him And so for Ireland The power of nominating his Deputy or Officers there of managing or the least medling in that War or making Peace is thereby taken from the King Nay it was proposed to bereave him of the power of a Father Education or Mariage of his own Children and of a Master in the rewarding of his own Servants And it was observed to the Parliaments Commissioners That after a War of neer four years for which the defence of Religion Property of Subjects and Priviledges of Parliament were made the Cause should be treated and concluded in 20. daies the time limited by the Parliament Nor indeed in all the Treaty there hath not been offered to be treated concerning the breach of any Law or of the property of the Subject or priviledge of Parliament but only Propositions for altering a Government established by Law and for the making of new laws by which almost all the old are or may be cancelled and there was nothing insisted on of the Kings Commissioners which was not Law or denied that the other Commissioners have demanded as due by Law And for conclusion of all which we conserve for the last place the Kings Commissioners being agast at the others sudden Declaration of no more time to Treat besought them to interpose with the Parliament that this Treaty may be revived and the whole matters not treated on may be considered and that depending the Treaty to the end they may not Treat in blood there may be a Cessation of Arms and the miserable people may have some earnest of a blessed peace And because they cannot give a present Resolution they are desired to represent all to the two Houses and that the King may have their speedy Answer So then in all the fore-recited passages it may easily be observed First the Parliaments Indisposition and Aversion from Treating Secondly their Impotency and Qualification of their Commissioners to Treat Thirdly their Expostulations and Demands in the Treaty And lastly their Obduration against all Enlargement Prorogation or Reviving of the Treaty The King complaines of what is come to pass the fruitless end of this Treaty that his Commissioners offered full measured Reasons and the other Commissioners have stuck rigidly to their demands the same with their former propositions which had been too much though they had taken him Prisoner and transmitted the command of Ireland from the Crown of England to the Scots which shewes that Reformation of the Church is not the chief end of the Scotish Rebellion But it being in him presumption and no piety so to trust to a good cause as not to use all lawfull means to maintain it Therefore he gives power to the Queen in France to promise that he will take away all the penal laws against the Roman Catholicks in England as soon as he shall be able to do it so be he may have assistance the visible necessity of his affairs so much depending on it the ill effect of the Treaty enforcing And professes in these words I look saies the King upon the way of Treaties as a retiring from fighting like Beasts to arguing like men whose strength should be more in their understandings then in their limbs And though I could seldome get opportunities to Treat yet I never wanted either desire or disposition to it having greater confidence of My Reason then my Sword I was so wholly resolved to yield to the first that I thought neither my self nor others should need to use the second if once we rightly understood each other Nor did I ever think it a diminution of me to prevent them with expresses of my desires and even importunities to Treat It being an office not onely of humanitie rather to use Reason then Force but also of Christianitie to seek peace and ensue it As I was very unwillingly compell'd to defend my self with Arms so I very willingly embraced any thing tending to peace The events of all VVar by the Sword being very dubious and of a Civil VVar uncomfortable the end hardly recompensing and late repairing the mischief of the means Nor did any success I had ever enhance with me the price of Peace as earnestly desired by me as any man though I was like to pay dearer for it then any man All that I sought to reserve was mine Honour and my Conscience the one I could not part with as a King the other as a Christian. The Treaty at Uxbridge gave the fairest hopes of an happy composure had others applied themselves to it with the same moderation as I did I am confident the War had then ended I was willing to condescend as far as Reason Honour and Conscience would give me leave nor were the remaining differences so essential to my peoples happiness or of such consequence as in the least kinde to have hindered my Subjects either security or prosperity for they better enjoyed both many years before ever those demands were made some of which to deny I think the greatest Iustice to my self and favour to my Subjects I see Iealousies are not so easily allaied as they are raised Some men are more afraid to retreat from violent Engagements then to Engage what is wanting in equity must be made up in pertinacie Such as had little to enjoy in peace or to lose in war studied to render the very Name of Peace odious and suspected In Church-affairs where I had least liberty of prudence having so many strict ties of Conscience upon me yet I was willing to condescend â—o far to the setling of them as might have given fair satisfaction to all men whom Faction Covetousness or Superstition had not engaged more then any true zeal charity or love of
both Armies and with his Rhetoriâ—k stops the onset and so both Hosts retired and Torstenton takes leave and returns to his party in Germany Gallasso lets him passe but follows him to the like intention as when he let the other goe oftentimes able to attach the other and to worst him just like that of the Danish Admiral and as deserving to forfeit his head as corrupted by the Swede Truly Galasso was a gallant man and better judgements may excuse him not to advance unlesse the Leaguer men first concluded upon Terms as between the French and Swedes which the Dane as was conceived could not refuse in regard the Emperour came in to extinguish the fire amongst them but left it flaming at home and being Leaguer'd together things might become as in the former condition before the War since the interest of Denmark seemed to require it and all to abase and weaken the Swede The good King was thus deceived upon respective interests of each Party and so the overtures of the Dunkerk failing the Emperâ—alists returned home leaving the Dane to himself in distresse for the losse of six stately Ships four taken and two fired the King not Master of himself having to do with his own States of different sense with his and the successe of affairs thereafter The Swedes almost Conquerours but the Kings virtue over-mastering such misfortunes gathers his Fleet at Copen-haven to preserve Zeland when the Hollander religious in nothing more then their Interest of gain both to see the Swedes to swell too big and to get the Sound arrived with a Fleet at Copen-haven land an Ambassadour who resumed the heat which Tuillery had left so hot and never left powring on the water of good counsel until he had cooled the Swede with threats also that made the Swede agree to a peace with much advantage to the Dane and gave the good King Christian quiet to end his daies in peace after that he had reigned above fifty years lodging all his malice into a Record until time come to be quit with the Swede for those encounters And thus we take leave of the year 1644. The great Ordinance for calling the Members of both Houses from Military and Civil affairs and places was with exception of such and such persons and places mentioned therein And a particular Commission was ordered by Parliament for the General Fairfax to execute all Martial jurisdiction and fight with and slay such as shall oppose him and to suppress all such Forces as are not raised by authority of Parliament And because sundry ill-affected persons had fomented discontents between the two Houses in relation to this new model of the Army and so report that the Commons went to undermine their Lordships priviledges which intention they do disclaim and abhor and do acknowledge the many Noble and Renowned Actions performed by their Lordships Ancestors in defence of the liberty of the Commons This Speech was made to the Lords by Sir Iohn Evelin from the Commons and concluded to assure them that the House of Commons consisted of no other persons but such as were Gentlemen c. And a Declaration was left by him unto the Lords from the Commons to publish to the world what he hath spoken on their behalfs The Kingdome of Sweden now under the Regency of the young Queen onely Daughter and Heir to Gustavus took this time and opportunity of the jealousie of the Parliament against the Crown of Denmark for assisting the King of Englands party to send Ambassadours to the Parliament for a Treaty of League and Amity with them which was heartily accepted and fixed into Articles so that by this we are accounted both as one And now comes Colonel Mitton into the House of Commons to receive Publick thanks for his fidelity to the State especially for that gallant Service in surprizing Shrewsbury In had been the Kings chief Garison and faithfull to his Interest and of long time had endured the vexation of a powerfull Enemy which they quitted by often sallies and plundering their Adversaries thereabout but was lately Feb. 22 last surprized by the Committees of Wem and Oswestrie being assisted with four Companies and four hundred Horse from the Neighbour associations and three hundred Staffordshire Foot and one Company under command of Colonel Bowes and all these under the general command of Mitton about fifteen hundred men But without all this adoe in numbring up their Forces it was in a word betrayed to the Parliament with many persons of quality the manner I could never well understand nor would they print the shame of treachery The Prisoners were eight Knights and Bâ—ronets fourty Colonels Majors Captaines and others of quality two hundred common men one Captain and five Souldiers slain They took fifteen pieces of Ordnance many hundreds of Arms divers Barrels of Powder Prince Maurice his Magazin the Town the Castle and all the works and without the loss of three men For they say there were but two killed by chance So that a day of thanksgiving was set apart for the Parliaments successes in taking Scarborough Plymouth Weymouth and Shrewsbury within a moneth The old General Essex lately laid aside took his retirement out of Town from the noise and clamour of his Officers now discarded And although their merits were much to the service of the Parliament yet divers of them also upon what account we may imagine were questioned and committed without their Arrears And others of them the wiser way gave up their Commissions to save the labour and dishonour of being taken per force Prudently considering that a new Model of manners in the main of the Militia must necessarily require a mutation and change of men to manage that service answerable to the mindes of such as command in chief For indeed Essex was not at all Presbyterian nor could he preach And therefore it was resolved by himself and his Counsellours for him to surrender his Commission together with the Earl of Manchester's and the Earl of Denbigh's two General Commanders before they should be thereto required They did it on a day together in the Lords House And Essex therewith delivers a Paper which spoke his sence April 2. Having received this great Charge in obedience to the commands of both Houses and taken their Sword into my hand I can with confidence say that I have for this now almost three years faithfully served you and I hope without loss of Honour to my self or prejudice to the Publick supported therein by the goodness of God and the fidelity and courage of a great many gallant men both Officers and Souldiers But I will neither trouble you nor my self by repeating either the difficulties or danger we have overcomed or the service that I have done you I see by the now coming up of these Ordinances that it is the desire of the House of Commons that my Commission may be vacated and it hath been no particular
Garison of Hereford taken by Surprize which saved the labour of doing it by treachery as it had been agreed upon But this was done thus The Garison was strong and well appointed the Countrey about in affection and friendship together a piece much aimed at as thereby denuding the King of all his Welch Forces And truly the Knight was happy that the Treachery failed But Colonel Iohn Birch and Col. Morgan Governour of Glocester their design took the effect of a just and Souldier-like surprize Morgan had 1100. Horse and Foot and Birch with 900. Foot and a Troop of Horse march from Glocester to Hereford in one day and a night where he was provided of six lusty men in habit of Labourers and the seventh man must be for a Constable with a Warrant in his hand to bring these fellows to work in the Town as if for service of the Garison These men thus prepared with 150. Firelocks lodged in the dark as near the Gate as possible without discovery and a Body of men was ready to second the Design of the other and to enter with them In fine the Bridge is let down to the Constable and his Crew who with Pick-ax and Spade and no sooner entred but the Guard began to examine and to bustle and to kill three of the Guard whilst the Firelocks enter with Col. Birch and Skirmish till the Body came up commanded by Colonel Morgan and so entred the Town with small losse on either side some submitting wherein were eleven pieces of Ordnance much Arms and Amunition the Lord Brudenel 14. Knights 4. Lieutenant Colonels 3. Captains and other Officers and Gentlemen one hundred 18. December Amongst those of the most honoured was that worthy Lawyer Judge Ienkins sent up to the Parliament and committed to several â—ayles of whom we shall have occasion to mention in many sufferings of his This surprize was quick and gallant As for Treacheries and corruptions of Companies or Guards they have been used by some but hated afterwards in all We have met with such on both sides and but lately the offer of Sir Iohn Digby to Colonel Ker Governour of Plymouth It is true that the Parliament willing to intrust that Garison to another person I doe not finde it out of any doubt in that Gentleman but Digby took that occasion to tempt Ker with this treachery SIR I am troubled to understand that through the ingratitude of those you serve you are likely to be rewarded with the dishonour of having a person of much inferiour merit put over your head an injury insupportable to any man of spirit and which may offer you a justifiable occasion of doing a very eminent service to your Native King and Countrey and which if you will embrace to deliver up the Town with the Works of Plimouth I shall engage my self on my honour and the faith of a Gentleman you shall be rewarded with ten thousand pounds and have the command if you please of a Regiment of 500. Horse with what honour your self can desire Sir be not scrupulous in taking the advice of an Enemie that desires heartily on these terms to become your true friend and faithful servant Jo. Digby For Colonel Ker Governour of Plimouth 30. Decem. Colonel Ker returns him this Noble Answer SIR Your motion to Treason I have seen and detest it it is below my spirit for personal injury supposed only by an Enemie to take National revenge and for a Punctillio of honour to take advice from Hell and betray my trust I am sorry that one so ingenious as your self should abuse your natural parts only to doe mischief Yet I have no reason to wonder much at your perswasion to treacherie because I have had the experience of the indeavours of your Family to corrupt others also I remember the Gunpowder Plot the Letter which your Brother writ to the Lord Roberts in this place for the same purpose And his Negotiation with General Brown at Abington Surely these Principles came from Spain but you should have told me also that Spanish proverb To love the Treason and hate the Traytor c. 20. Decemb. Your assured servant Iames Ker. The great success of the Parliament and the distresses of the Kings party enforcing them by numbers to come in and submit upon qualifications of Composition somewhat reasonable heretofore but now the more strict That all such Delinquents that were contained in the first qualifications in the Propositions to be sent to his Majesty and humbled not themselves in obedience to the Parliament before the 25. of March next should forfeit their whole Estates And that those who are contained in the second qualification and came not in as aforesaid should forfeit the Moity of their Estates and that this Qualification should extend to none but those who cordially should submit and should take the National Covenant appointed by Ordinance of Parliament The King had caressed the Parliament for a Treaty of Peace and Cessation also but they finding the Kings Affairs to pinch without hope of his ever being able to make an Offensive War and as little power to defend Therefore to give some satisfaction to the world and to the Kings desires they intend somewhat The Parliament have been hammering Propositions and as the Kings condition changed to the worse they were the bolder to offer such terms as were never likely to be granted And first they please themselves with Votes improbable for additional Honours to be forced from the King and to be placed on their several Members to them and their Heirs for ever Sir Thomas Fairfax be made an English Baron with five thousand pounds Lands per annum and a Committee to consider how this Estate and others following may be setled upon him and others for ever His Father Fairfax to be an English Baron and an Earl The honour of an English Baron on Lieutenant General Cromwel with 2500. l. per an The Honour of Dukedoms on the Earl of Northumberland Essex Pembroke The Earl of Salisbury and Manchester to be Marquesses The Lords Roberts Say Willoughby of Parham Wharton and Howard to be Earls Mr. Denzil Hollis a Viscount Sir William Waller a Baron and 2500. l. per. an Sir Arthur Hazelrig such another which only he modestly refused but not theâ— money Sir William Brereton 1500. l. per an Skippon 1000. l. per an All which Honours and Grants are to be confirmed by his Majesty upon passing the Propositions and the Revenues and estates to be setled out of Delinquents Lands after the satisfying of publique debts of the Kingdom but not before 1. Sept. 1645. But how unlikely the Propositions should pass clogged with these designs against the very hair of the Kings Councellours And how unlikely any Propositions at all shall be consented unto if we consider the Kings inclination towards a Peace by the Contents of his late Letters to Prince Rupert upon occasion of Ruperts Letter and Advice to Treat and
their journey to Westminster during their stay there and to return when they shall think fit whom his Majesty intends to send to the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland furnished with such propositions as his Majesty is confident will be the Foundation of a happy peace Oxford Decemb. 5. 1645. For the Speaker of the House of Peers pro tempore To which the Parliament return Answer signed by the two Speakers and the Scotish Commissioners in effect thus That they were sensible of the sad condition of the three Kingdomes occasioned by his Majesties separation from them and that they will use all means possible for procuring of a safe and well grounded peace for the setling of his just and legal prerogative their undoubted priviledges and the Subjects liberties That had his Majesties intentions been the same with his pretences and expressions a happy peace had been setled long since That they cannot agree to his desires for coming of the Lords and Gentlemen with their attendants and followers into their Quarters in regard the design may be of dangerous consequence But that to shew their earnest endeavours and intentions for peace they were before his Majesties Letters sent in debate of propositions for peace which they are ready to draw up and finish with all expedition to be signed by way of Bill by his Majesty Decemb. 10. But although they had ordered Tuesdayes and Saturdayes express for debate of the Propositions yet they are not finished therefore the King remindes them with a Message in pursuance of the former thus C. R. His Majesty cannot but extreamly wonder that after so many expressions on your part of a deep and seeming sense of the miseries of this afflicted Kingdom and of the dangers incident to his Person during the continuance of this unnatural VVars your many great and so often repeated Protestations that the raising of these Arms hath been only for the necessary defence of Gods true Religion his Majesties honour safety and prosperity the peace comfort and security of his people you should delay a safe Conduct to the persons mentioned in his Majesties Message of the fifth of this instant December which are to be sent unto you with propositions for a well-grounded peace A thing so far from having been deâ—ied at any time by his Majesty whensoever you have desired the same that he believes it hath been seldom if ever practised among the most avowed and professed enemies much lesse from Subjects to their King But his Majesty is resolved that no discouragements whatsoever shall make him fail of his part in doing his utmost endeavours to put an end to these Calamities which if not in time prevented must prove the ruin of this unhappy Nation And therefore doth once again desire that a safe Conduct be forthwith sent for those persons expressed in his former Message and doth therefore conjure you as you will answer to Almighty God in that day when He shall make Inquisition for all the blood that hath and may be yet spilt in this unnatural War as you tender the preservation and establishment of the true Religion by all the bonds of Duty and Allegiance to your King or compassion to your bleeding and unhappy Country and of charity to your selves that you dispose your hearts to a true sense and imploy all your faculties in a more serious endeavour together with his Majesty to set a speedy end to these wasting Divisions and then he shall not doubt but that God will again give the blessing of peace to this distracted Kingdom Oxford the 15. of December 1645. For the Speaker of the House of Peers pro tempore All this would not do the King in some trouble finding their neglect stirs them up another way offering a personal Treaty to prevent the Inconveniencies of Misunderstandings and the distance of place for amendments therefore he offers to come home to them and Treat December 26. C. R. Notwithstanding the strange and unexpected delayes which can be precedented by no former times to his Majesties two former Messages his Majesty will lay aside all expostulations as rather serving to lose time then to contribut any remedy to the evils which for the present doe afflict this distracted Kingdom therefore without further preamble his Majesty thinks it most necessary to send these Propositions this way which he intended to doe by the persons mentioned in his former Messages though he well knows the great disadvantage which overtures of this kind have by the want of being accompanied by well instructed Messengers His Majesty conceiving that the former Treaties have hitherto proved ineffectual chiefly for want of power in those persons that Treated as likewise because those from whom their power was derived not possibly having the particular informations of every several debate could not give so clear a judgement as was requisite in so important a businesse If therefore his Majesty may have the engagement of the two Houses of Parliament at Westminster the Commissioners of the Parliament of Scotland the Major Aldermen Common-Councel and Militia of London of the chief Commanders in Sir Thomas Fairfax his Army as also those in the Scots Army for his Majesties free and safe coming to and abode in London or Westminster with such of his servants now attending him and their followers not exceeding in all the number of three hundred for the space of fourty dayes and after the said time for his free and safe repair to any of his Garisons of Oxford Worcester or Newark which his Majesty shall nominate at any time before his going from London or Westminster his Majesty propounds to have a personal Treaty with the two Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland upon all matters which may conduce to the restoring of peace and happiness to these miserable distracted Kingdoms And to begin with the three Heads which were Treated on at Uxbridg And for the better clearing of his Majesties earnest and sincere intentions of putting an end to these unnatural distractions knowing that point of security may prove the greatest obstacle to this most blessed work his Majesty therefore declares that he is willing to commit the great trust of the Militia of this Kingdom for such time and with such powers as are exprest in the Paper delivered by his Majesties Commissioners at Uxbridg the sixth of February last to these persons following viz. the Lord Privy Seal the Duke of Richmond the Marquesse of Hertford the Marquess of Dorchester the Earl of Dorset Lord Chamberlain the Earl of Northumberland the Earl of Essex Earl of Southampton Earl of Pembroke Earl of Salisbury Earl of Manchester Earl of Warwick Earl of Denbigh Earl of Chichester Lord Say Lord Seymour Lord Lucas Lord Lexington M. Denzil Hollis M. Perpoint M. Hen. Bellasis M. Rich. Spencer Sir Thomas Fairfax M. John Ashburnham Sir Gervas â—lifton Sir Hen.
observe that your Majesty desires the engagement not only of the Parliament but of the Lord Mayor Aldermen Common Council and Militia of the City of London the Chief Commanders of Sir Fairfax's Army and those of the Scots Army which is against the Priviledges and honour of the Parliament those being joyned with them who are subject and subordinate to their Authority That which your Majesty against the freedom of the Parliaments enforces in both your Letters with many earnest expressions as if in no other way then that propounded by your Majesty the peace of the Kingdoms could be established Your Majesty may please to remember that in our last Letter we did declare that Propositions from both Kingdoms were speedily to be sent to your Majesty which we conceive to be the only way for the attaining a happy and well grounded peace and your Majesties Answer to those Propositions will be an effectual means in giving satisfaction and security to your Kingdoms will assure a firm Union between the two Kingdoms as much desired each for other as for themselves and setle Religion and secure the peace of the Kingdom of Scotland whereof neither is so much as mentioned in your Majesties Letter And in proceeding according to these just and necessary grounds for the putting an end to the bleeding Calamities of these Nations your Majesty may have the glory to be principal instument in so happy a work and we how ever mis-interpreted shall approve our selves to God and the VVorld to be real and sincere in seeking a safe and well grounded Peace January 14. But the King being earnest for their Answers sends another Messenger the 15. of Ianuary in pursuance of his former Messages of the 26. and 29. of December which met the Parliaments Trumpet with their Answer of the 13. Ianuary The Kings Message was thus Ian. 15. C. R. But that these are times wherein nothing is strange it were a thing much to be marvelled at what should cause this unparallel'd long detention of his Majesties Trumpet sent with his gracious Message of the twenty sixt of December last peace being the only subject of it and his Majesties personal Treaty the means proposed for it And it were almost as great a wonder that his Majesty should be so long from enquiring after it if the hourly expectation thereof had not in some measure satisfied his impatience But lest his Majesty by his long silence should condemn himself of carelesseness in that which so much concerns the good of all his people he thinks it high time to enquire after his said Trumpeter For since all men who pretend any goodness must desire peace and that all men know Treaties to be the best and most Christian way to procure it and there being as little question that his Majesties personal presence in it is the likelyest way to bring it to a happy issue he judges there must be some strange variety of accidents which causeth this most tedious delay wherefore his Majesty earnestly desires to have a speedy account of his former Message the Subject whereof is Peace and the means his personal presence at Westminster where the Government of the Church being setled as it was in the times of the happy and glorious Reigns of Queen Elizabeth and King James and full liberty for the ease of their Consciences who will not communicate in that service established by Law and likewise for the free and publick use of the Directory prescribed and by command of the two Houses of Parliament now practised in some parts of the City of London to such as shall desire to use the same and all forces being agreed to be disbanded his Majesty will then forthwith as he hath in his Message of the twenty ninth of December last already offered joyn with his two Houses of Parliament in setling some way for the payment of the Publick Debts to his Scots Subjects the City of London and others and his Majesty having proposed a fair way for the sâ—â—ling of the Militia which now by this long delay seems not to be thought sufficient security his Majesty to shew how really he will imploy himself at his coming to Westminster for making this a lasting peace and taking away all jealousies how groundless soever will endeavour upon debate with his two Houses so to dispose of it as likewise of the business of Ireland as may give to them and both Kingdoms just satisfaction not doubting also but to give good contentment to his two Houses of Parliament in the choise of the Lord Admiral the Officers of State and others if his two Houses by their ready inclinations to peace shall give him encouragements thereunto Thus his Majesty having taken occasion by his just impatience so to explain his intentions that no man can doubt of a happy issue to this succeding Treaty If now there shall be so much as a delay of the same he calls God and the World to witness who they are that not only hinder but reject this Kingdoms future happiness it being so much the stranger that his Majesties coming to Westminster which was the first and greatest pretence for taking up Arms should be so much as delayed much lesse not accepted or refused but his Majesty hopes that God will no longer suffer the malice of wicked men to hinder the peace of this too much afflicted Kingdom Given at the Court at Oxford the 15. of Ianuary 1645. For the Speaker of the House of Peers c. And now it begins to work in the hearts of the people muttering and murmurring the true state of these transactions and the Christian pious affection of the King to peace The Parliament therefore set all their Engines to satisfie the public And after the debate of the King 's last Letter they read Letters from their Commissioners in Ireland together with some other Letters and Papers taken in the Pockets of the Arch-bishop of Trane who was slain at the overthrow of the Rebells at Sligo in Ireland discovering all the transactions between the King and them with whom the Bishop was to Treat offering Toleration of Religion themselves to choose a Governour of their own and to be intrusted with several Castles and Forts for their Caution upon condition to send in to England ten thousand Irish to assist him against his Enemies And these Papers were forthwith printed and published together with those Letters taken in the Lord Digbie's Coach at Sherburn in Yorkshire and all to amuse the people for to satisfie them thereby they could not The King hears of this and digesting it as well as he could he Plies them again with a tarter Message dated 17. Ianuary thus C. R. His Majesty thinks not fit now to Answer those aspersions which are returned as arguments for his not admittance to Westminster for a personal Treaty because it would enforce a stile not suitable to his end it being the peace of those miserable Kingdoms yet thus much he cannot but say
to those who have sent him this Answer that if they had considered what they had done themselves in occasioning the shedding of so much innocent blood by withdrawing themselves from their duty to him in a time when he had granted so much to his Subjects and in violating the known Laws of the Kingdom to draw an exorbitant power to themselves over their fellow Subjects to say no more to do as they have done they could non have given such a false character of his Majesties actions VVherefore his Majesty must now remember them that having some hours before his receiving of their last paper of the 13. of January sent another Message to them of the 15. wherein by divers particulars he enlargeth himself to shew the reality of his endeavours for peace by his desired personal Treaty which he still conceives to be the likeliest way to attain to that blessed end he thinks fit by this Message to call for an Answer to that and indeed to all the former For certainly no rational man can think their last paper can be any Answer to his former demands the scope of it being that because there is a War therefore there should be no Treaty for Peace And is it possible to expect that the Propositions mentioned should be the ground of a lasting Peace when the persons that send them will not endure to hear their own King speak But what ever the successe hath been of his Majesties former Messages or how small soever his hopes are of a better considering the high strain of those who deal with his Majesty yet he will neither want Fatherly bowels to his Subjects in general nor will he forget that God hath appointed him for their King with whom he treats VVherefore he now demands a speedy Answer to his last and former Messages Given at our Court at Oxford this 17. of Ianuary 1645. For the Speaker of the House of Pâ—ers c. It is true that the House of Peers were more attentive to the Kings desires and had often conference with the Commons but then after their debates the Propositions were committed to the Committee of the two Kingdoms and there they lay by the heels until the King again rowzes the Parliament Ianuary 24. for Answer to his former Message concerning their reasons against a personal Treaty which indeed was his last Refuge CHARLS R. The procuring Peace to these Kingdoms by Treatie is so much desired by his Majestie that no unjust Aspersions whatsoever or any other Discouragements shall make him desist from doing his endeavour therein untill he shall see it altogether impossible and therefore hath thought fitting so far onely to make Replie to that Paper or Answer which he hath received of the thirteenth of this instant January as may take away those Objections which are made against his Majesties coming to Westminster expecting still an Answer to his Messages of the fifteenth and seventeenth which he hopes by this time have begotten better thoughts and resolutions in the Members of both Houses And first therefore whereas in the said last Paper it is objected as an Impediment to his Majesties personal Treatie that much innocent bloud hath been shed in this War by his Majesties Commissions c. He will not now dispute it being apparent to all the World by whom this bloud hath been spilt but rather press that there should be no more and to that end onely he hath desired a personal Treatie as judging it the most immediate means to abolish so many horrid confusions in all his Kingdoms And it is no Argument to say That there shall be no such personal Treatie because there have been Wars it being a strong inducement to have such a Treatie to put an end to the War Secondly that there should be no such personal Treatie because some of his Irish Subjects have repaired to his assistance in it seems an Argument altogether as strange as the other as alwaies urging that there should be no Physick because the partie is sick and in this particular it hath been often observed unto them that those whom they call Irish who have so expressed their Loyaltie to their Sovereign were indeed for the most part such English Protestants as had been formerly sent into Ireland by the two Houses impossibilitated to stay there any longer by the neglect of those that sent them thither who should there have better provided for them And for any Foreign Forces it is too apparent that their Armies have swarmed with them when his Majestie hath had very few or none And whereas for a third Impediment it is alleged that the Prince is in the head of an Armie in the West and that there are divers Garisons still kept in his Majesties obedience and that there are Forces in Scotland it must be as much confessed as that as yet there is no Peace and therefore it is desired that by such a personal Treatie all these Impediments may be removed And it is not here amiss to put them in minde how long since his Majestie did press a disbanding of all Forces on both sides the refusing whereof hath been the cause of this Objection And whereas exception is taken that there is a time limited in the Proposition for his Majesties personal Treatie thereupon inferring that he should again return to hostilitie his Majestie protesteth that he seeks this Treatie to void future hostilitie and to procure a lasting Peace and if it can meet with like inclinations to Peace in those he desires to treat with he will bring such affections and resolutions in himself as shall end all these unhappy bloudy Differences As for those Engagements which his Majestie hath desired for his security whosoever shall call to minde the particular occasions that enforced his Majestie to leave his Citie of London and Westminster will judg his Demand very reasonable and necessary for his safetie But he no way conceiveth how the Lord Mayor Aldermen Common Council and Militia of London were either subject or subordinate to that Authoritie which is alleged as knowing neither Law nor practice for it and if the two Armies be he believes it is more than can be parallel'd by any former times in this Kingdom Nor can his Majestie understand how his Majesties seeking for a personal securitie can be any breach of privilege it being likely to be infringed by hindering his Majestie from coming freely to his two Houses As for the Objection that his Majestie omitted to mention the setling of Religion and securing the peace of his native Kingdom his Majestie declares that he conceives that it was included in his former and hath been particularly mentioned in his later Message of the fifteenth present But for their better satisfaction he again expresseth that it was and ever shall be both his meaning and endeavour in this Treatie desired and it seems to him very clear that there is no way for a final ending of such Distractions as afflict this Kingdom but
either by Treatie or Conquest the later of which his Majestie hopes none will have the impudencie or impietie to wish for And for the former if his personal assistance in it be not the most likely way let any reasonable man judg when by that means not onely all unnecessary Delaies will be removed but even the greatest Difficulties made easie And therefore he doth now again earnestly insist upon that Proposition expecting to have a better Answer upon mature consideration And can in be imagined that any Propositions will be so effectual being formed before a personal Treatie as such as are framed and propounded upon a full Debate on both sides Wherefore his Majestie who is most concerned in the good of his people and is most desirous to restore peace and happiness to his three Kingdoms doth again instantly desire an Answer to his said former Messages to which he hath hitherto received none Given at our Court at Oxon the four and twentieth of January 1645. To the Speaker of the House of Peers c. The King Prince and Rupert and Maurice were reconciled and all at Oxford extremely straitned for Provisions being blocked up but what Refreshments came at dear Rates he commands a Fast and Prayers to God directed to the Vice-chancellour and Heads of Houses in the Universitie of Oxford That Divine Service established by Law be read daily Morning and Evening as now it is in your respective Houses and also that upon Wednesdays and Fridays to meet four times each Day at Divine Service and so to continue during these sad Times and a general Fast each Friday from Food till five a clock after the Evening Service and this to be done now and hereafter according to the good Example of the Primitive Christians Edw. Nicholas But unhappily it fell out that now again the Parliament intercepted some Irish Letters and Papers in a manner the whole Transactions Copies between the King and the Irish Rebells Amongst many this Commission to Edward Lord Herbert Earl of Glamorgan to treat with the Irish Rebells CHARLS R. Charls by the grace of God c. To our trustie c. Edward Earl of Glamorgan We reposing great and especial trust and confidence in your approved wisdom and fidelitie do by these as firmly as under our great Seal to all intents and purposes authorize and give you power to treat and conclude with the confederate Roman Catholicks in our Kingdom of Ireland if upon necessitie any thing be condiscended unto wherein our Lieutenant cannot so well be seen in as not fit for us for the present publickly to own therefore we charge you to proceed according to this our Warrant with all possible secrecie and whatsoever you shall engage your self upon such valuable considerations as you in your judgment shall deem fit We promise in the word of a King and Christian to ratifie and perform the same of that which shall be granted by you and under your Hand and Seal The said confederate Catholicks having by their Supplies testified their zeal to our Service And this shall be in each particular to you a sufficient Warrant Given at our Court at Oxon the twelfth of May 20 Car. This Commission being but a Paper Copy and so hinted to the King he was pleased to pass it over as no sufficient ground to put him to the acknowledgment thereof yet it became him to excuse the effects of Glamorgan's Negotiations with the Irish which it seems were so averse from Ormond's Instructions as the Kings Lieutenant that Glamorgan was there committed by him and the Council And how to piece up these passages from censure he is pleased to frame a Declaration and sends it to the Parliament by Message Ian. 29. CHARLS R. His Majestie having received Information from the Lord Lieutenant and Council in Ireland That the Earl of Glamorgan hath without his or their directions or privitie entred into a Treatie with some Commissioners on the Roman Catholick partie there and also drawn up and agreed unto certain Articles with the said Commissioners highly derogatorie to his Majesties Honour and Royal Dignitie and most prejudicial unto the Protestant Religion and Church there in Ireland whereupon the said Earl of Glamorgan is arrested upon suspition of high Treason and imprisoned by the said Lord Lieutenant and Council at the instance and by the impeachment of the Lord Digby who by reason of his Place and former Imploiment in these affairs doth best know how contrarie that Proceeding of the said Earl hath been to his Majesties Intentions and Directions and what great prejudice it might bring to his affairs if those Proceedings of the Earl of Glamorgan should be any waies understood to have been done by the Directions liking or approbation of his Majestie His Majestie having in his former Messages for a personal Treatie offered to give contentment to his two Houses in the business of Ireland hath now thought fitting the better to shew his clear Intentions and to give satisfaction to his said Houses of Parliament and the rest of his Subjects in all his Kingdoms to send this Declaration to his said Houses containing the whole truth of the business which is That the Earl of Glamorgan having made offer unto him to raise Forces in the Kingdom of Ireland and to conduct them into England for his Majesties Service had a Commission to that purpose and to that purpose onely That he had no Commission at all to treat of any thing else without the privitie and directions of the Lord Lieutenant much less to capitulate any thing concerning Religion or any proprietie belonging either to Church or Laitie That it clearly appears by the Lord Lieutenants Proceedings with the said Earl that he had no notice at all of what the said Earl had treated and pretended to have capitulated with the Irish untill by accident it came to his knowledg And his Majestie doth protest That untill such time as he had advertisement that the person of the said Earl of Glamorgan was arrested and restrained as is abovesaid he never heard nor had any kinde of notice that the said Earl had entred into any kinde of Treatie or Capitulation with those Irish Comissioners much less that he had concluded or signed those Articles so destructive both to Church and State and so repugnant to his Majesties publick Professions and known Resolutions And for the further vindication of his Majesties Honor and Integritie herein he doth declare That he is so far from considering any thing contained in those Papers or Writings fraâ—ed by the said Earl and those Commissioners with whom he treated as he doth absolutely disavow him therein and hath given commandment to the Lord Lieutenant and the Council there to proceed against the said Earl as one who either out of falsness presumption or follie hath so hazarded the blemishing of his Majesties Reputaion with his good Subjects and so impertinently framed those Articles of hisown head without the consent
Parliament no further Expectation of Aid from Ireland or any foreign Friend the Lord Ashley was onely in a Body but closely pursued by Sir William Brereton and Colonel Morgan Governour of Glocester and in the end not able to avoid the Quarrel they came to fight the one and twentieth of March where Ashley was totally defeated near Stow in the Wold upon the edg of Glocestershire himself taken Prisoner fifteen hundred Horse and Foot with his Baggage Ammunition and all and therefore he told them that took him Their Work was done they might go play Meaning that the King had lost all And it seems so by the hasty Vote of the Parliament to the Kings Letter which Message was in effect That he offers to come to his two Houses upon their Assurance for the safety of his Person and to advise with them for the good and safety of the Kingdom Provided that all those who have adhered to his Majesty may have liberty to return in peace to their own home to live in quiet without the Obligation of the National Oath or Covenant and Sequestration to be taken off from their Estates And that then his Majesty will disband all his Forces dismantle his Garisons pass an Act of Oblivion and free Pardon to all and give ample satisfaction to the Kingdom of Scotland March 23. But it is now too late and therefore they answer not at all unless he be willing to take notice of this Ordinance That in case the King shall contrary to the advise of Parliament already given to him come or attempt to come within the Lines of Communication that then the Committee of the Militia of London shall have power and are hereby enjoyned to raise such Force as they shall think fit to prevent any Tumult that may arise by his coming and to suppress any that shall happen and to apprehend and secure any such as shall come with him to prevent resort unto him and to secure his person from danger Nay more That all persons whatsoever that have born Arms against the Parliament are to depart the City by the sixth of April upon the penalty as followeth viz. The Lords and Commons taking notice of the great concourse and resort of Papist Officers and Souldiers of Fortune and such as have been in Arms against the Parliament of England from the Enemies Garisons and Quarters unto the Citie of London and Westminster and other parts within the Lines of Communication That such depart c. before the sixth of April next or to be declared against as Spies and to be proceeded against according to the Rules of War unless with licence of the Committee of Goldsmiths Hall and of the Militia of London and the Sub-committees are hereby to keep strict Guards and Watches to make frequent Searches Provided that this Act shall not extend to such as came in to the Parliament before the first of June last And that no Peer have licence but by the House of Lords And this Order to continue for a moneth after the sixth of April and no longer March 30. Then for fear that the King should come notwithstanding all their fore-warnings Letters are devised from several places of Intelligence That the King is resolved to come suddenly to London And with some Designs also hinted as might seem most dangerous to the Parliament and Kingdom Therefore the Parliament order That Letters shall be suddenly sent to the Prince as in answer to former received from him as also to the King that Commissioners will forthwith be sent to his Majesty with Propositions of Peace And now we have almost done fighting in the Field some Garisons onely stand out but others are daily surrendred And for these and such like Victories we have such City-feastings Bonefires and Bell-ringings as that we were imagined to be all mad which the Pay-masters of all the Aldermen and the rest expressed in the highest manner that could be as being the effects of joy union sweet harmony heavenly blessings and the like as indeed we want words also to express their conceits Then was there established a Court Martial in London with Articles published against such Inhabitants as were but tending to the malignancy of Cavaliery as that it was almost impossible for a conscionable Subject but to be liable to their punishment And withall comes out another Ordinance viz. That no persons whatsoever shall repair to the King Queen Prince or Lords malignant or to either of them or to any Commander or Officer of theirs or shall hold Intelligence with them or shall plot contrive or endeavour with the Enemie contrary to the Rules of War not to relieve any person that have taken up Arms against the Parliament not to assemble or mutinie And against such as have taken up Arms against the Parliament and have taken the Covenant no Officer shall desert his Trust none that hath been in Arms against the Parliament or assisted the Enemy shall come to London or Westminster without a Pass and shall not also within eight and fourty hours tender himself to the Parliament All these aforesaid shall die the death without mercie And this Ordinance to last for three moneths April 3. What should the Kings party his Souldiers and Friends do that had delivered up themselves and Garisons upon Articles and Quarter but to return home which indeed in effect was for all or the most to come to London for means for inquiry for subsistence and for courses to sell Lands raise Moneys to seek Relief and to compound multitudes of such are come and must suddenly be gone again others on their way to the City and ignorant of the Ordinances fell unwittingly under the Penalties and so are daily taken seized and hurried into Prisons or Goals and are utterly ruined ere they know for what This makes them repent their hasty Surrenders of Garisons rather to have been there slain in honour by the Sword than after all to be undone at home Aud to colour the cruelty it was surmized that probably these had some horrible Design against the Parliament City and Kingdom which was referred to other Committees to do and order the Cavaliers to dispose and command them as they should think fit A mischief to the Sufferers beyond all their former miseries thus to submit to a City Committee made up they said of Tradesmen and Tailours These Tidings reach to the knowledg of the King and his Council at Oxford who disorderly seek in private their own safety leaving the King to shift for himself But to make their own Jealousies of some colour and Punishments answerable thereto It is devised that the King notwithstanding the Refusal of his coming he is yet resolved to come some fix upon the Day others suppose it uncertain some say he comes disguised and others affirm positively that he is come and is to be seen at the Lord Mayors whether the City Wives went to visit my Lady Mistress Mayoress
conjunction of the Forces under the Marquess of Montrose and such of our well affected Subjects of England as shall rise for us to procure it may be an honourable and speedy Peace with those who hitherto refused to give ear to any means tending thereunto Of which our Resolution we held it necessary to give you this Advertisement as well to satisfie you and all our Council and Loyal Subjects with you to whom we will that you communicate these our Letters yet failing in our earnest and sincere endeavours by Treaty to put an end to the miseries of these Kingdoms We esteemed our self obliged to leave no probable expedient unattempted to preserve our Crown and Friends from the usurpation and tyranny of those whose Actions declare so manifestly their desigâ—s to overthrow those Lawes and happy established Government of this Kingdom And now we have made known to you our resolution we recommend to your especial care the disposing and managing of our Affairs on that side as that you shall conceive most for our Honour and Service being confident the course we have taken though with some hazard of our Person will have a good influence on that our Kingdom and defer if not altogether prevent the Rebels transporting of Forces from them into that Kingdom And we desire you to satisfie all our well affected Subjects on that side of our Princely care of them whereof they shall receive the effect as soon as God shall enable us We desire you to use some means to let us and our Council at Oxford hear frequently from you and of your Actions and Condition there And so God prosper your Loyal endeavours Given at our Court at Oxon April 3. 1646. Which Letter Ormond receives the 20. of May and the next day communicates it to Montrose a great Commander of the British Forces in Ireland by this summons SIR This morning I received a dispatch from his Majesty and command therein to impart it not only to all his Councel but to all his Loyal Subjects I am confident you have so good a Title to the knowledge thereof that I have held it my part instantly to dispatch it unto you by an express I rest Yours Ormond Dublin May 21. 1646. And accordingly the King disguised got out by the discreet management of the Loyal and trusty Mr. Hudson a Clergy man and Mr. Iohn Ashburnham another of interest with the King They passed up and down as hereafter more particular to the French Agent Montril at Sowtham the 4. of May thence sent to the Scotish General Leven and was conducted to his Quarters by a Troop of Horse the Commissioners there soon after sent post to the Parliament of this news And likewise an Abstract of a Letter of the fourth of May discovering what was writ by the King to the Queen in France concerning his coming from Oxford and an agreement in the design she wot on Upon which Letter read in the House the Commons doe Order That the Commissioners and the General of the Scotish Army be desired that his Majesties person be disposed off as both Houses shall desire and direct And that he be thence disposed of and sent to Warwick Castle And that Jo. Ashburnham and the rest that came with the King into the Scots Quarters shall be sent for as Delinquents by the Serjeants at Arms and that the Commissioners of Parliament residing before Newark shall make a Narrative of the Kings coming thither and to present it to the House But to save them the labour there came this Letter from the Scots General and Commissioners to the Committee of both Kingdoms and by them communicated to the Parliament The Letter was thus Right Honourable The earnest desire which we have to keep a right understanding between the 2. Kingdoms moves us to acquaint you with that strange Providence wherewith we are now surprized together with our cariage and desires thereupon The King came into our Army yesterday in so private a way that after we had made some search for him upon the surmizes of persons who pretended to know his face ye we could not find him out in sundry houses And we believe your Lordships will think it was matter of much astonishment to us seeing we did not expect him to come into any place under our power We conceived it not fit to inquire into the causes but to endeavour that his being here might be improved for the best advantage for procuring the work of Uniformity for setling Religion and Righteousness and attaining of Peace according to the League and Covenant and Treaty by the advice of the Parliaments of both Kingdoms and their Commissioners authorized for that effect Trusting to our integrity we are perswaded that none will so far misconster us as that we intended to make use of this seeming advantage for promoting any other ends then are expressed in this Covenant and hath been hitherto pursued by us with no lesse Conscience then care And yet for further satisfaction we doe ingeniously declare That there hath been no Treaty nor Capitulation betwixt his Majesty and us nor any in our names that we leave the waies and meanes of peace unto the Parliament of both Kingdoms And so far as concerns us as we have a witness in heaven we are confident to make it appear to the world that there is nothing more in our desires then in all our resolutions and proceedings to adhere to the Covenant and Treaty Our gravest thoughts shall be taken up in studying and our utmost abilities imployed in acting those things that may best advance the Publick good and common happiness of both Kingdoms wherein by the help of the most High we shall labour to use so much tenderness and care that we hope it shall soon appear our Actions have been the result of honest and single intentions And further we cannot in a matter of so deep consequence and common interest but seek your Lordships advice for which effect we have also written to the Committee of Affairs of Scotland with intention to move your joynt Consents and Resolution that we at last after a Seed-time of Afflictions may reap the sweet fruits of Truth and Peace and in this confidence we remain Your Lordships humble servants Leven Dunferling Lothian S. D. Hume Sir Tho. Carr R. of Ireland W. Glendovin Iohn Iohnston Southwel May 6. 1646. To the Right Honourable the Committee of both Kingdoms And the eighth of May from Southwel the King sends this Message to the Parliament in effect That he understood from the Parliament that it was not safe for him to come to London untill he should consent to such Propositions as should be presented to him And being informed that the Armies marching so fast to Oxford made that place most unfit for a Treaty resolved to withdraw hither only to secure his Person with no intention to continue this War any longer or to make division between his two Kingdoms but rather to
afore mentioned as also that which Ormond intimates to Monroe of the one and twentieth of May. Which Letters were the very same in print and published by Ormond at Dublin and brought over by Sir Robert King one of the Parliaments Commissioners in Ireland and were as yet laid under Deck for advantage against the King hereafter In this time the King caresses the Parliament with Messages as before for his personal Treaty at London And because he would give earnest of his serious Intentions he gives Warrant for surrendering all his Garisons C. R. Having resolved to comply with the designs of our Parliament in every thing that may be for the good of our Subjects and leave no means unattempted for removing of differences between us therefore we have thought the more to evidence the reality of our intention of setling a happy peace to require you upon honourable conditions to quit the Towns Castles and forts intrusted to you by us and to disband all the forces under your several Commands Given at Newcastle the tenth of June 1646. To our trusty and well beloved Sir Thomas Glenham Sir Thomas Tisley Colonel Washington Colonel Blague Governours of our Cities and Towns of Oxford Worcester Litchfield and Wallingford and to all other Commanders of any other Towns Castles or Forts within the Kingdom of England or Dominion of Wales The Scots now in some Jealousie how mightily the King complies with his Parliament and that they should not be able perhaps to effect their designs by force they now endeavour therefore by fraud and cunningly insinuate to the Parliament That their Conscience bears them witnesse of their constant endeavours to preserve the Union of both Kingdoms yet never more than since the Kings coming to their Army by effecting such Messages from his Majesty as might be a sure ground of peace to his people and happinesse to himself And although we have not as yet prevailed over his Principles deeply rooted into him as to obtain the utmost of our desires which we hope in short time to effect And we hope that accordingly the Parliament will be pleased to send their Propositions of peace to him upon whose Answer we shall clearly know how to proceed in the intended Pacification and to satisfie the Parliament in disbanding our Armies delivering up the Garisons possessed by us and retiring home for the good of both Kingdoms Newcastle June 10. Signed by Leven and all the Scots Commissioners and directed to the Parliament And herewith is presented to the Parliament the Copy of a paper delivered to the King from the Committee of Estates of Scotland concerning the Prince of Wales That the Prince goe not beyond Sea but to reside within the Kingdom of England with Honour and safety for preventing the danger to his Person Religion and Inconveniencies besides in this time of affairs Then was a Letter intercepted from the King to the Prince read in the Parliament thus Charles This is rather to tell you where I am and that I am well than at this time to direct you in any thing having writ fully to your Mother what I would have you to do whom I Command you to Obey in every thing except Religion concerning which I am confident she will not trouble you and see you goe no whither without her or my particular direction Let me hear often from you so God blesse you Your Loving Father C. REX Postscript If Jack Ashburnham come where you are command him to wait on you as he was wont untill I shall send for him If your Mother and you be together if she will he must wait on her Then was Hudson Examined who saith That the King was there in company coasted the Country from Oxford and came to Henley Brainford and Harrow on the Hill where he was almost perswaded to come to London from thence he went to St. Albans and then to Harborough in Leicestershire where he expected the French Agent with some Horse to meet him toconduct him to the Scots but the Agent failing of his promise to Hudson the King went to Stanford thence to Norfolk and at Downham he rested from Thursday till Munday till Hudson returned from the Agent upon whose return the King passed into the Army But how ever they handled Hudson he escaped out of prison at London 28. November after and is retaken again the midst of December in the North and his Examination sent up viz. That escaping out of Newgate he went to Ratcliffe disguised and there took Boat and landing without the Works went to Bow where his Man met him with Horses thence to Lyn so to Newcastle to Montril the French Agent who carried him to the King and had conference with him two hours who bad him return to his friends for a moneth by that time he should have occasion to dispose of him bad him beware of the Scots who would commit him and returning to Lincolnshire was taken prisoner again The King now in durance and out of all hope to be able to Manage his affairs in Ireland and for Ormond to proceed there according to former directions and being labored by the English and Scots at Newcastle not to Treat with the Rebells of Ireland any more The King writes to the Marquesse C. R. Right trusty c. Having a long time with much grief looked upon the sad Condition our Kingdom of Ireland hath been in these divers years through the â—iked and desperate Rebellion there and the bloody effects that have ensued thereupon for the setling whereof we would have wholly applied our selves if the difference betwixt us and our Subjects here had not diverted and withdrawn us And not having been able by force for that respect to reduce them we were necessitated for the present safety of our Protestant Subjects there to give you power and Authority to Treat with them upon such Pious Honourable and Safe grounds as the good of that our Kingdom did require But for many Reasons too long for a Letter We think fit to require you to proceed no further with the Rebells nor to engage us upon any conditions with them after sight hereof And having formerly found such real proofs of your ready Obedience to our commands we doubt not of your care in this wherein our service and the good of our Protestant Subjects in Ireland is so much concerned Newcastle June the eleventh 1646. But the affairs of Ireland not intermxing with others are purposely put together at the end of this year to which we refer the Reader The Commissioners of Scotland had oftentimes since the twentieth of Iune 1645. pressed the sending of the former Propositions presented at Oxford and debated at Uxbridg And the Parliament upon the sixth of August 1645. declared that Propositions shall speedily be sent with some alteration And upon the last of February following the Scots Commissioners received some new Propositions from the Houses And upon the sixteenth March they
deliver in their Answer observing that all the Omissions Additions or Alterations made in them are in those things which concern the joint interest and union of both Kingdoms Upon the twenty sixth of March the Parliament appointed a Committee to debate those differences which are chiefly as follow concerning Religion The Parliament in general desire the King to assent to what they have or shall agree concerning Reformation and Uniformity as the Kingdoms shall agree The Commissioners would know the particulars that after so long consult of the Assembly they may know what to assent unto But it was answered The Parliament had not resolved nor would the Commissioners consent Militia The Commissioners desire the same that was sent to Uâ—bridg but the Parliament will have the Militia of each Kingdom setled by it self the Commissioners would have such a conjunction at least as both may joyn together for the publick of both but the Parliament will not be limited and not onely the King but his posterity and the Crown excluded The Commissioners as they will not have it in the King alone so they hold it unsafe to alter the Fundamental Laws and the Crown utterly excluded but after some time the Militia may be in both King and Parliament according to the Declarations to be in King and Parliament together Ireland The Parliament say that the Transactions made at Edingburgh Novemb. 28. 1643. are no Treaties The Commissioners aver that it is a Treaty Articles drawn up which the Parliament confirm the ninth of March and eleventh of April 1643. calling it a Treaty and Scotland performs their part makes their Army stay and advance to the charge of an hundred thousand pounds Sterling at the desire of England being then so low and now the Parliament make question to perform to Scotland 1. That Peace and War 2. The Education of the Kings Children 3. Disbanding the Armies 4. The Act of Oblivion may not be made in either without consent of both Kingdoms But the Committee of Parliament declared They had no power to alter any thing though they were convinced in reason Whereupon the Commissioners gave in a Paper to the Parliament concerning the Propositions of Peace viz. To have Religion setled according to the Covenant That the Propositions formerly agreed upon by the two Kingdoms may be sent to the King That upon the eight and twentieth of February last they received some of the Propositions and were assured that they were all except such as concerned Delinquents and the City which were speedily to be delivered to us And now we desire these particulars considering that the Preface Title and Conclusion of the Propositions may be the same To the four first Propositions they agree in a manner To the fifth and sixth they desire to see what the Parliament have agreed upon concerning Religion and then they will give Answer To the 7 8 9 10 11 12. Propositions they agree To the thirteenth they say That the Treaty at Edinburgh November 28. 1643. which was comprehended in the twelfth Proposition agreed upon between both Kingdoms is excluded by these words in the thirteenth Proposition And whereunto they are obliged by the aforesaid Treaties for the Kingdoms were not obliged by any of the former Treaties to make a subsequent Treaty and therefore they desire the said Treaty of November 28. 1643. together with the Ordinances of the 9 of March and 11. of April ratifying the same may be expressed in the Proposition for which they offer the Reasons following which we refer to the time and place heretofore mentioned the eight and twentieth of Novemb. 1643. and for brevity we now omit To the fourteenth Proposition they desire that all the Articles concerning Religion in England may be extended to Ireland according to the Covenant To the fifteenth sixteenth seventeenth they agree The eighteenth Proposition they say doth differ from that which was formerly for the former Propositions did setle a power in Commissioners of both Kingdoms for resisting Invasions and suppressing all Forces in either Kingdoms to the disturbance of the Peace but this new Proposition rather argues a diffidence of that mutual confidence which was laid and grounded by the former Proposition And they conceive it necessary so to setle the Militia as the King although he were willing be not able to involve them again into a miserable War so they think it is not their intentions to divest the King his Posterity and Crown hereafter of all interest in the matter of the Militia for although they should be never so willing to follow the advise of their Parliaments yet they shall hereby be made incapable and not be admitted to joyn with their Parliaments for resisting their Enemies and protecting their Subjects and as may be collected from the Debate at Uxbridg may be interpreted to be a fundamental alteration of the Government contrary to the Resolution and Declarations of both Kingdoms and not agreeable to the Covenant may be made use of by the Adversary to bring the common cause into contempt both parts were provided for in the other Proposition not to be in the power of the King yet that the Commissioners to be impowered for the execution of the Militia were to have it from King and Parliament and the time to be limited for seven years and afterwards to be setled by the King and Parliament but by this new Proposition the whole power is to be setled in the Parliament for ever Nor in this new Proposition being a mutation and alteration from the former there is no mention of any mean to be used or course to be taken for conserving the peace between both Kingdoms and betwixt the King and either of them but all passed in silence And so they desire that the former Propositions may be sent as they were proposed at Uxbridg To the nineteenth twentieth twenty one they agree The Propositions concerning the Kings Children making Peace or War Disbanding the Armies Act of Oblivion In all these there is omitted these words by consent of both Kingdoms And upon the whole matter they advise to send onely for the present Propositions concerning Religion Militia and Ireland as they were proposed at Uxbridg If not but all then with the former amendments And there were dated March 16. 1646. Ten days after they gave in another Paper The Commissioners had waited a long time in silence for the setling of Church-government according to the Govenant not being willing to judg of the Model of Church-government in England to be uniform with Scotland by previous and particular Ordinances of Parliament being but parts of the Building but expected the last Ordinance to supply the defect of the former and by rearing up the whole Body give satisfaction to all And had caressed the Parliament with their humble thanks for removing the Book of Common Prayer and abolishing Episcopacy yet and yet again stil somewhat or rather the most was wanting of greatest consequence which now by the effects
Forces as formerly 14. That all Honours and Titles conferred on any since the Great Seal was conveyed from the Parliament May 21. 1642. be made null and that those that shall be hereafter made Peers by the King shall not sit in Parliament without consent of both Houses 15. That an Act be passed to confirm all the Treaties between England and Scotland and a Committee of both Houses to be nominated Conservators of the Peace between both Kingdoms 16. An Act for establishing the Declaration of both Kingdoms of the thirtieth of January 1643. with the qualifications as follow The first Qualification That these persons shall expect no pardon In a word all the persons of Honour and Quality that have taken up Arms for the King in England or Scotland which because the Treaty took no effect is but frivolous to insert And all such others as being processed by the Estates for Treason shall be condemned before the Act of Oblivion be passed Then follows the second Qualification All Papists and Popish Recusants who have been now are or shall be actually in Arms or assisting against the Parliaments of either Kingdoms and by name the Marquess of Winton Earl of Worcester Lord Herbert Lord Brudnel Lord Arundel of Warder Earl Castlehaven and seven Knights and Gentlemen The third Qualification All persons that have assisted in the Rebellion of Ireland except such as are come in to the Parliament of England The fourth Qualification Herein are named above fifty Knights and Gentlemen that were at Oxford and it follows All such of the Scotish Nation as have concurred in the Votes at Oxford against the Kingdom of Scotland and all that have assisted in Arms against Scotland Then follows three Branches of this Qualification The fifth Qualification That all Iudges Officers and Practicers of the Law that have deserted the Parliament be incapable of Office or Practice in the Law the like of the Clergie With other Qualifications and Branches depending too tedious to insert and esteemed of all indifferent persons most improper for the King to consent unto And now comes the juggling French Agent Montril from the Queen in France with Letters to the King to make peace with his Parliament by any conditions reasonable And that the Prince of Wales is arrived at Paris without the Kings knowledg whom he designed to have come to him to Newcastle The Parliament had written to the King to give Warrant to his Lieutenant General Ormond in Ireland for disbanding his Forces andre ceive this Answer CHARLS R. That as none can be more deeply affected than his Majestie with the calamities of his Kingdom of Ireland so he will apply all future Remedies And as to the delivering of the City and Castle of Dublin Drogheda and all other Garisons in Ireland held for his Majesty into the hands of the Parliament of England He is most willing that all these places may be so disposed as they may best be secured from the Rebells and most for the safety of his good Subjects doth again earnestly press the Propositions so long expected expecting that they will contain the readiest means not onely of preserving those places which are already in his power but likewise of reducing the rest of that Kingdom possessed by the Rebells to his obedience all which will be setled upon the conclusion of a happy Peace which he will heartily endeavour Newcastle July 11. Which Message met the Commissioners on the way with the Propositions to the King The French Ambassadour Extraordinary had his first Audience of the 17. of Iuly in effect That he had a command from the Queen Regent and King of France to endeavour a composure of the Differences between the King and Parliament but understanding that Propositions are gone to his Majesty he hath no more to say to the Parliament but to take his leave and to desire their Pass for him to the King and to the States of Scotland and had this Answer That the Parliament receive with thankfulness the good Intentions of the King of France to these Kingdoms for ending of the Differences they had done their Endeavours and will so continue to do But they could not agree that any Foreign State interpose in the present remaining Differences nor that his Majesty of France in particular by his present Extraordinary Ambassadour And are very willing the Ambassadour have a Pass and be used with all respect and civility But the Ambassadour staid so long for this ceremony that he was gone towards the King without it The three and twentieth of Iuly the Propositions were presented to the King and the Earl of Pembroke and Montgomery being the best Man though the least able told the King That he knew well how unfit a Spokesman he was and desired that Mr. Goodwin might speak for them The King instantly asked If they had any power to treat They answered No. Then said he Saving the honour of the business an honest Trumpeter might have done as much I hope you expect not a present Answer to this high concernment They told him Their time was limited to ten Days And the French Ambassadour Balieme and Montril the Agent had Audience the next day and very private with the King We may easily believe how the King was beset with Petitions and Prayers hand over head to consent to all these Propositions by the English and Scots about him And how the Commissioners resented it appears in a Letter to the Speaker of the Commons We are sorry we cannot acquaint you with so good success as we desired having this Morning his Majesties Answer Negative with a Paper containing Offers to come to London and treat which we thought not fit to send because we know not the Parliaments pleasure whether or no they will take notice thereof as being no Answer to the Propositions We have taken leave and hasten home Earl Hepsley Goodwin Robinson August 2. 1646. It is likely they were sorry and said so but see what the King says for himself and concerning them dated a day before theirs and sent to the Houses a quick and sudden Answer to their tedious Propositions C. R. The Propositions tendered to his Majestie by the Commissioners c. to which the Houses of Parliament have taken twice so manie moneths for deliberation as they have assigned daiâ—s for his Majesties Answer do import so great alterations in Government both in Church and Kingdom as it is very difficult to return a particular and positive Answer before a ful debate wherein these Propositions and the necessarie explanations true Sense and Reasons thereof be rightly weighed and understood and that his Majestie upon a ful view of the whole Propositions may know what is left as well as what is taken away and changed In all which he findes upon discourse with the said Commissioners that they are so bound up from anie capacitie either to give Reasons for the Demands they bring or to give ear to
prejudice our judgement herein by denouncing Gods anger upon us and our hazard of the loss of the hearts of our good Subjects if we consent not c. Notwithstanding these and other Reasons the Scots ply the King for his signing to the Propositions and the Chancellor makes his Speech to the King to this purpose That the consequence of his Majesties Answer to the Propositions is of as great consequence as the Ruine or Preservation of his Crown and Kingdoms That the differences between him and the Parliament after so many bloody Battels the Parliament have gotten all the strong Holds of the Kingdom in their hands They have your Majesties Revenue Excize Assessements Sequestrations and power to raise all the men and money in the Kingdom Victory over all and a strong Army to maintain it so that they may do what they will with Church and State And some are so afraid and others so unwilling to submit to your Government that they desire nor you nor any of your Race longer to reign over them But the people are so wearied with the War and so loath to have Monarchy Government destroyed that they dare not attempt to cast it off totally until they send Propositions of peace to your Majestie lest the people without whose concurrence they are not able to carry on the War should fall from them So that they are resolved to offer them to your Majesty as that without which the Kingdom and your people cannot be in safety upon any other terms If you refuse to assent you will lose all your friends in Parliament lose the City and all the Countrey and all England will joyn against you as one man they will process and depose you and set up another Government they will charge us to deliver your Majestie to them to render their Garisons and to remove our Armies out of England and so both Kingdoms for eithers safety to agree and settle Religion and Peace without you to the ruine of your Majestie and Posterity and if you lose England you will not be admitted to come and Reign in Scotland We confess the Propositions are higher in some things then we approved of but we see no other means for you to close with your Parliament Truly this was plain-dealing which it seems the King would hazard for now the great debate was with the Scots Commissioners how to dispose of the Kings person and to please the Scots their Army should have two hundred thousand pounds to leave this Kingdom and a Plenipotence is coming out of Scotland to their Commissioners here to determine the disposing of the Kings person being daily debated by both Commissioners The Scots had without consent Imprinted their Arguments concerning the dispose of the Kings person at which the Parliament were so offended that the papers and Presses were seized and the Printer and Booksellers committed to prison which the Scots Commissioners resent and write to the Parliament their sence herein And to frighten the Scots Petitions are presented from the Northern Counties against the Scots Army of the intolerable abuses and therefore pray that they may be removed And in a word take it out of a Letter signed by thousands and sent up That some former Letters from the Parliament seemed to comfort our dying hopes that the Scots were to have two hundred thousand pounds to be gone Since the bruit thereof the Army hath been prejudicial to these parts twice the sum We hear and read of their good language they give at London but we feel contrary effects by their Actions here We hoped when the Earl of Newcastle was gone away our greatest miseriâ—s had been past but the contrary He only sucked some of our blood but these devour our flesh and are now picking our bones Our slavery is far greater than any of those under the Turks both for our persons and Estates They in Turky are quit for a fifth part we in a year pay our Revenues several times over by Ordinance of Parliament Since the Scots came into Yorkshire the whole County was Assessed per moneth ten thousand pounds seven thousand now three thousand five hundred pounds a moneth but we pay now for Billet and Sess to the Scots Army here after the rate of above a hundred thousand l. A part of this Hundred paies a thousand pounds a week to two Regiments We are the absolutest Slaves that ever were read of for they Assess us at their pleasure Levy as they please bid us go or ride who dares refuse they kill us in hot blood beat us in cold and killed a Captain this week for but only seeking to rescue his Neighbours from their Roberies In a word we are threshing out for the Scots and they eating our last bread We desire the Parliament to bestow upon us two or three moneths allowance out of our own own Estates having had nothing these five years out of them four thousand pounds a moneth are paid to the Scots Army constantly since they came into this little Wapentake the Lord have mercy upon us Amen Your most humble servants many thousands But with this and other sheets of paper Printed Entituled a Declaration of the sufferings of the Northern Counties of the Kingdom under the Scots Army their Commissioners were so netled that they desired those and such other Pamphlets false and scandalous to the Scots might be suppressed which was committed and there they use to stick Amongst the complaints this for one That two Constableries of the County of Richmond the Rents but 99. l. per an were Assessed by the Scots and out in Free Quarters 1900. l. in four moneths and those that were pleased with Bribes the several Colonels would protect from any paiments or assistance of service whatsoever Bedall a small Town of fifty seven pounds old rent and Arsâ—ugh of fourty two pounds complain that they have in less then five moneths last paid to the Scots two thousand pounds besides Billeting and other Taxes And after all comes Letters indeed from York that they have complained so long that they have writ themselves out of work and out of credit having no more to write nor credit left to be believed c. that if not present remedy the County resolve to fall upon their defence and invite the true-hearted English men would lay it to heart never to give over untill they have removed the Scots Army out of England or moved Relief to this miserable Nation Here is nothing but Mutinies upon Mutinies this and worse is our condition than we can express The General Fairfax having been at leasure to seek his health at the Bath was come up to London and some Lords and Commons ordered to wait upon him and to give him the good welcome to the Town and to return him thanks for his ample service to the Kingdom and State And yet the English Army is discontent for pay of their Arrears as appears by Colonel General Poins from York where the
Souldiers of that Garison with a multitude came to his House in York broke his windows and cryed money money money forcing his doors to get it To whom he came out and asked them what they would have they cock't their Matches and held their Pikes to his breast and would have him their Prisoner until all their Arrears were paid and so took him to the Mayor of York with whom he found another Company of Mutiners that had forced their entrance into his Bed-chamber and left not till they had got all their Arrears from the Committee 14. Novem. But the Scots are to be gon and many desired the Covenant might accompany them and to be rid of all together Which yet by the Ordinance was to be taken by all the Inhabitants of the three Kingdoms and now read devoutly in the House by the Favourers of the Presbytery Not so said some and began the debate excepting tender Consciences A new Note lately taken up for a general distinction of each ones Faith excepting Papists But the result of this almost midnights debate after the reading thereof but once whether the Ordinance and the Instructions shall be read any more and Ordered to be read no more The great Debate continued from time to time in the Houses and with the Scots Commissioners about disposing of the Kings person And Papers and Pamphlets Printed by the Scots concerning their debates which took much with the people And therefore to undeceive them the House of Commons had drawn up a Declaration thereof but Voted not to desire the House of Lords consent but before the Printing they dealt fairly with the Scots Commissioners and sent them the Copy which they utterly neglected as being without the Lords assenting However it was Answered and the Commons Reply and the other rejoin and all the dispute hudled together in a printed Pamphlet difficult enough to pick out the true reason to which the Reader is referred Yet in a word thus the English assert We doe affirm that the Kingdom of Scotland hath no right of joynt exercise of interest in disposing the Person of the King in the Kingdom of England The Scots argue If this Argument were turned over the strength or weakness of it may the more easily appear Suppose the King were here at Westminster it may be upon the same grounds urged that the Kingdom of Scotland would have no consent in his disposal and so much the more that the Houses claim the sole interest and judgement to dispose upon the kings Person which we desire may be done jointly as may be best for the security and safety of both Kingdoms And we see no reason why it may not now be determined when he is in the Scotish Army who were intrusted by both and subject to the resolution of both Kingdoms as well as hereafter since he came thither of his own accord and his residence there is voluntary And if his Majestie shall think fit to repair to his Houses of Parliament they shall doe no act which may either hinder or disswade him but cannot constrain him or deliver him to the Houses to be disposed of as they shall think fit In a word the Objection of the Scots brings this result our Army say they cannot part with the King without the consent of the Kingdom of Scotland the Kingdom of Scotland cannot consent unless they may joyn in the disposal of his person they will not joyn till it be agreed that he be disposed of for the good of both Kingdoms But then the Commissioners fell to Debate the Propositions for the departure of their Army The Scots complained that they had no pay for six moneths the reason of their free Quarter Which is strangely enforced for an Argument when they took 19700. l. monethly in money besides much free Quarter Moreover they had by a just accompt for one year ending the last of October last seventy two thousand nine hundred seventy two pounds two shillings and eleven pence for the Custome and other Impositions of Coals only And now they must have two hundred thousand pounds in hand for the present to be gon Or else they advise out of their charity to the deplorable estate of the Northern parts to march into fresh Quarters more Southward to the warm sun And they were modest Not they say to have the King to go into Scotland which were prejudicial to both Kingdoms nor into Ireland or beyond seas And so whilst they dispute the Armies marching home is retarded For until the English dispose of the King the Scots are not like to have 40000. l. a considerable sum for Scots to sell their souâ—s And the Parliament argue the groundless Insinuations in the Scots Speeches and Papers as if the Parliament of England were averse from their Ancient and Fundamental Government by King Lord and Commons which we had thought say they The Declaration of the Commons 17. April last sufficiently cleared to the whole World or that they were not as really forward as any for procureing of a safe and wel-gounded Peace which is the greatest and chiefest of our desires and it will be manifested to the judgements and Consciences of all That as we really endeavour the good of the King and both Kingdoms so shall we constantly and faithfully persevere in these endeavours Not doubting but upon our sincere performing our Covenant and Treaties the blessing of God will so accompanie us as there will be a most sweet and brotherly agreement between the Nations pleasing to God and happie to all Oh the monstrous Miseries at this time of this unhappy Kingdom Religion unsetled the Civil Government loose a Foreign Army and another of our own eating out the bowels of meâ—â—y without compassion and the anger of God sensible to us all by the confluence of continual foggy rainy cold sâ—ckly unseasonable weatâ—er against which we fast and pray and sin the more and as if to appease Gods anger for all the Bloâ—d that hath been spilt we are ordering Councils of War Courts of Justice to censure Delinquents persecuted from Post to Pillar that they know not how to dispose of themselves from being made Offenders And now the War is ended the old General Essex must die the fourteenth day of September 1646. at Essex House in the Straâ—d His â—ife and Death we have in Print by his dear Friend who begins the Discourse with the Renown of his Fathers Master piece that he did â—eget so brave a Son and I may call it says he his Sons Master-piece that he did resemble so brave a Father But to give you a Parallel says he of these two Worthies is a Task impossible and I say impertinent He was born in London Anno 1592. his Mother the Widow of Sir Philip Sidney And in brief we shall say what is said of her Son That the Presages in his Cradle like Hercules be strang led in each hand the two invading Dragons
of transcending Prerogative and Superstition this was the business of his Life to come grew up with his Youth and crowned his Age with glory We are told that Walter the Grandfather at his Death desired his Son then at ten years old to be mindfull of his six and thirtieth year of his Age beyond which neither he nor but few of his fore-fathers lived which he well remembered at the Block but it was too late to avoid At which instant this his Son being a Scholar at Eaton thesame Minutâ—e his Father suffered suddenly and distractedly awaked leaped out of his Bed and cried out thâ—t his Father was killed No sooner came King Iames to the Crown than that he restored this Son in Bloud to his Titles and Estate forfeited by his Father We are told that he was such a Spark that at Tennis with Prince Henry who called him the Son of a Traitour â—he made no more ado but cracks his Pâ—te with a Racket that the bloud ran down we may credit him to be no Coâ—rtier who tells this Tale in earnest but if so as no man can believe it was an uâ—handsom Return to his Son for King Iames his kindness to the Fathers memory and herein himself an ungratefull person to the Royal Family But to go on it is said that from his Infancy he was well affected to the Reformation of the Church which he received by Inheritance of his Father who was the less inclined to Doctor Whitgift his Tutour because he was a Bishop But his Son this Earl unfortunate in his first Wife was divorced and then he went to the Waâ—s in the Netherlands thence to the Palatinate In the beginning of the Reign of King Charls he went with Viscount Wimbleton in the Expedition to Cadiz in Spain the rather because his Father had been there before him yet the Son came home without Success In the year 1635. he married his second Wiâ—e Daughter to Sir William Paulet of Wiltshire but was soon separate from this Wife also who afterwards bore a Son that died within the year Then it is said that he abandoned all uxorious thoughts and applied himself to the improvement of those Rules which conduce to the soundness of Church and State In the first year that King Charls advanced against the Scots this Earl had a principal Command but after the Pacification the Earl was made Chamberlain of the Kings Houshold and in the Civil Wars between the King and Parliament he was chosen General of the Parliaments Forces and it is said as of his good fortune that in all the Wars he never received any hurt he was called home it is said that after his good Service for the State the Kingdom might enjoy as much benefit by the strength of his Counsels as it received safety by his Arms which with Resolution he took up and with chearfulness he laid them down joyning with the Parliament in person and affection he did much advance and facilitate the Victories to come which were happily atchieved by the Successour Sir Thomas Fairfax General of the Parliaments Forces So much for his Life set down by a special Pen which I have undertaken thus far to abreviate lest I should injure his story by any addition of mine own Not long after he fell into a Distemper for four Days aguish then fiercely assaulted with a Lethargy and died and in him ended the Name and Honour of that House having no Issue His Funeral charges and other engagements were supplied by Parliament with five thousand pounds and because there was due to his Separate the Widow four thousand five hundred pounds the Parliament seized it by her Delinquency being no Round-head the odd five hundred pounds to a Colonel and the other to the Earls poor Servants But the Funeral was deferred untill the twenty third of October and observed Because the Battel of Edg-hill was fought on the same Day 1642. Or rather says another that the Rebellion in Ireland broke out on the same Day 1641. His Funeral Herse remaining in Westminster Abbey Church a Spectacle for the people Some bold Malignant on the seven and twentieth of Nov. at Night most shamefully handled his Effigies broke off his Head disfigured the Face tore away his Sword and Spurs and rent down his Arms and Escucheons They were not poor Knaves for they left all behinde Silk and Velvet to boot And for all his good Service the Arrears of four thousand five hundred pounds of his Countesses Jointure of one thousand three hundred pounds per annum sequestred for her Delinquency notwithstanding her pitifull Petition was disposed of and she could never receive it At the Rendition of the Garison of Worcester I think was brought up Prisoner to the Parliament that gallant stout-hearted West-countrey Gentleman Sir Iohn Stowel Knight and Baroner and of great Revenues in Somersetshire and elsewhere where he first refused to kneel being capable of Composition by Articles and required to know the Charge they have against him But to that he was answered with a Commitment to Newgate and an Indictment to be drawn up against him the next Assizes for Somersetshire For levying War against the Parliament and Kingdom And was found guilty there and so is to be proceeded against at the Kings Bench. His Sufferings are summ'd up in an History by it self imprinted and published to the World to which for the particulars we recommend the Reader The four and twentieth of September had voted the Disposal of the Kings person to be in the Parliament and the Scots Papers answered that Vote the six and twentieth of October That he is not onely King of England but also King of Scotland and as the English have an interest in him he being King of England so have the Scots no less interest in him he being King of Scotland and as the Scots have not the sole Interest in him he being King of Scotland because they acknowledg withall that he is King of England so have not the Parliament of England the sole Interest in him he being King of England because the Scots desire to have it remembred that he is also King of Scoâ—land so as neither Nation having a sole but a joint interest in his Person the Scots ought jointly to dispose of it for the weal and benefit of both Kingdoms The Scots Argument lies thus Wheresoever the Kingdom of Scotland hath an interest in their King there they may dispose of him But the Kingdom of Scotland hath an interest in their King he being in England therefore in England they may dispose of him 'T is true that Mr. Challoner a Member of the House of Commons managing the Argument there in the House and of his own framing made a specious Answer but was replied unto and that suppressed Other Arguments the Scots had That the Parliament of England hath no more power to dispose of the person of the King of Scotland being in England than the parliament of Scotland
hath to dispose of the King of England if he were in Scotland That he came voluntarily and continues voluntarily That the Scotish Armies are not tied to be subject to the Resolutions and Directions of the either Kingdom but of both jointly The Scots say It is a fundamental Right and Libertie c. That none can without consent impede or restrain the Scotish King from coming amongst them to perform the Duties of a King Under which the Scots cover over their act of Admission and Reception of his person And in opposition to the Votes of Parliament the Scots say It is one thing what the Parliament of England might have done in another Cause and War before their Engagements and Covenant it is anther thing what ought to be done after such Conditions and Ties imposed c. That the ends of the Covenant are not to be prosecuted by the two Kingdoms as they are two distinct Bodies acting singly but they were united by solemn Covenant made to Almighty God and by League each to other as one entire Body to prosecute the Cause That if the Scotish Army should deliver up his Majesties person without his own consent c. this act of the Army were not agreeable to the Oath of Allegeance obliging them to defend his Majesties person from all harms and prejudices nor to the solemn League and Covenant which was not intended to weaken but to strengthen the mutual Allegeance c. whom therefore the Scotish Army cannot deliver to be disposed of by any others at pleasure The Scots do assert That the King coming voluntarily to their Army they cannot in duty deliver him against his will to the two Houses of Parliament without the consent of the Kingdom of Scotland The place of the Kings Residence is at his own Election in either of the Kingdoms as the exigence of affairs shall require and as he shall think fit or else must be determined by the mutual consent and advice of both Kingdoms And much more to this effect which was scoffingly answered somewhat impudently in a Pamphlet intituled An unhappy Game at Scotch and English wherein says the Title their Scotch Mists and Fogs and Gain-sayings their Iuglings their Windings and Turnings hither and thither backwards and forwards and forwards and backwards again their Breach of Covenant Articles and Treaties their King-craft present Design against the two Houses of Parliament and People of England their Plots and Intents for Usurpation and Government over us and our Children detected discovered and presented to the view of the World as a dreadfull Omen Allarm and Warning to the Kingdom of England Then follows Scripture-proof Ier. 5. 4. And although they say the Lord liveth surely they swear falsly Hosea 10. 3. They have spoken words swearing falsly in making a Covenant thus Iudgment springeth up as Hemlock in the Furrows of the Field EDINBURGH Printed as truly as the Scotch Papers were at London by Evan Tyler Printer to the Kings most Excellent Majesty and are to be sold at the most solemn Sign of the two Houses of Parliament 1646. Then in the Pamphlet he recites a pretended Argument of the Scots Argument The two Houses of Parliament have voted the Disposal of the Kings person as they shall think fit Ergo The Scotch Armies may not deliver up his person to the said two Houses for fear of harm to his person Which Argument he retorts upon them thus Argument 1. My gude Lord Lesley says he came to Monsieur Montril Ambassadour for France residing at Southwell there to commune with the King Ergo My gude Lord Lesley fell down on his knees resigned up his Sword and laid it at the feet of the King and then received it again of the King Argument 2. My Lord of Northumberland and Sebran the French Agent looked through an Hedg and the one saw the other Ergo They two are both nigh of a kindred Now having says he sent you a pair of brave Scotified Arguments wee 'l throw an English Bone after them for your Armies to gnaw upon Argument Sir John and the King are skipt on the Colt of an Ass. But the King and the Scots have agreed on their Lots Ergo When the King hath got all hee 'l turn our Brethren to grass And so runs on in an impudent jearing non-sense way not able to answer the reasonable Arguments of the Scots in that point But of this Injury the Commissioners complain to the Parliament and had no Remedy It was the eighth of December before the Money could be procured for the Scots Army raised out of the Sale of Bishops Lands and other the Lands of the Church for from that Sacrilege they must have their Rewards and Payment of the first two hundred thousand pounds upon these terms viz. That the two hundred thousand pounds is to be told at York and one hundred thousand pounds thereof to be paid at Northallerton within five Days after it is told That when that Money comes to Topcliff the Scots shall give Hostages that they shall quit all tâ—â—ir Quarters Possessions and Garisons on the South side of Time and of Newcastle and Tinmouth with all the Arms c. within ten Days upon which performance the Hostages to be redelivered Upon the Delivery of the Garisons on the South side of Tine and Newcastle Tinmouth c. the Kingdom of Scotland shall have Hostages upon re-delivery of theirs for assurance that the other one hundred thousand pounds shall be paid on the North side Newcastle within a Mile of the Works within eight Days after the quitting Newcastle Tinmouth c. and all the Forces to be drawn on the North side of Tine Upon the Delivery of the other hundred thousand pounds on the North side of Newcastle our Hostages to be delivered to us And upon the coming of the Money out of Newcastle Hostages are to be delivered to us That their Army do march out of the Kingdom Barwick Carlisle and the Garisons of Scotland slighted within ten Days after the Payment and the Hostages then to be delivered back For the Payment of the other two hundred thousand pounds the Scots Commissioners desired That it might be paid out of the sale of Delinquents Estates or setled by some other particular security But the Parliament would give no other security but the Publick Faith of the Kingdom for the same Nine hundred pounds was allowed to the Tellers of this first two hundred thousand pounds Sixteen thousand pounds were allowed for the Charges of the Carriages and conveying this two hundred thousand pounds to York which was just six and thirty Carts laden from London the sixteenth of December And instantly an Ordinance passed in Parliament That all such persons as shall hereafter raise Forces against the Parliament of England or either House of Parliament or their Forces shall die without mercy and have their Estates confiscated What Mass of Moneys were issued out by Parliaments Order for although they had all in
their hands yet their Expences necessarily were infinite besides their Gifts and Rewards very high and bountifull to some and to themselves not to be summ'd to an imaginable Account for now also and besides former Gifts a Remembrance must be of the Sufferings of the five Members so long passed that some of their persons are laid asleep yet the charity of the House of Commons was herein visible even to their Children Mr. Denzil Hollis hath five thousand pounds for his Sufferings 3 Car. Mr. Selden 5000. 1. To the younger children of Sir Iohn Elyot 5000. 1. and to his eldest Son his fine in the Court of Wards to be remitted and Mr. William Strodes poor kindred 5000. 1. He had a God-son who was forgotten To Mr. Benjamin Valentine 5000. 1. for Mr. Walter Long 5000. 1. to Sir Miles Hubbart 5000. 1. to Sir Peter Hamands successors his eldest Son a Member 5000. 1. to Mr. Io. Hamdens children for his opposing Ship-money 5000. 1. and ten thousand pounds to Mr. Vassel for the loss of his Trade and Damages about the Customes And Alderman Chambers demand of 22000. 1. towards his suffering was only committed But why were others mixed with the five Members truly to draw on consent one for another and so they did doe to the undoing of the Nation had they not been taken off from doing at all any more as hereafter shall appear But two dales after came in further considerations of many more the Earl of Northumberland for his Audit of sufferings 30000. 1. he had in part but 10000. 1. But the Parliament had vast sums coming in certain for the Excise although some obstructions hapned in the Levying and the Mutinies caused thereby The total charged upon the Excise of this Kingdom in course was cast up and reported to the House amounting to three hundred and ninety thousand pounds and upwards besides interest for the same and the interest of the 200000. 1. for the Scots first payment Of what consequence then must be the credit of Excise and the benefit of the Towns and Cities that farmed the Excise And thereupon not long after the Parliament Order Ian. 20. That all Towns Cities and Counties that have Excise granted them without limitation shall have it continued no longer then 15. March next and such as have any Moitie or parcel thereof no longer then 25. March The King hears of these Passages and conceived that he being herein so concerned he might put in his spoke and to keep his old pace puts the Parliament in mind of his former Messages and now again desires a personal Treaty at or near London upâ—n the faith of the two Houses C. R. His Majesties thoughts being alwaies sincerely bent to the peace of his Kingdoms was and will be ever desirous to take all waies which might the most clearly make appear the candour of his intentions to his people And to this end could finde no better way than to propose a personal free debate with his two Houses of Parliament upon all the present differences Yet finding very much against his expectations that this offer was laid aside his Majestie bent all his thoughts to make his intentions fully known by a particular Answer to the Propositions delivered to him in the name of both Kingdoms the 24. of July last But the more he endeavoured it he more plainly saw that any answer he could make would be subject to misinformations and misconstructions which upon his own Paraphrases and explanations he is most confident will give so good satisfaction as would doubtless cause a happy and lasting peace Lest therefore that good intentions may produce ill effects his Majesty again proposeth and desires again to come to London or any of his houses thereabouts upon the publick Faith and security of his two Houses of Parliament and the Scotish Commissioners that he shall be there with Honour Freedom and safety Where by his personal presence he may not only raise a mutual confidence betwixt him and his people but also have those doubts cleared and those difficulties explained to him without which he cannot but with the aforesaid mischievous inconveniences give a particular answer to the Propositions and with which he doubts not but so to manifest his real intentions for the setling of Religion the just Priviledges of Parliament with the freedom and property of the Subject that it shall not be in the power of wicked and malicious men to hinder the establishing of that firm peace which all honest men desire Assureing them as he will make no other demands but such as he believes confidently to be just and much conducing to the Tranquillity of the people So he will be most willing to condescend to them in whatsoever shall be really for their good and happiness Not doubting likewise but you will also have a due regard to maintain the just power of the Crown according to your many protestations and professions For certainly except King and people have reciprocal care each of other neither can be happy To conclude 't is your King who desires to be heard the which if refused to a Subject by a King he would be thought a Tyrant for it and for that end which all men profess to desire Wherefore his Majestie conjures you as you desire to shew your selves really what you profess even as you are good Christians and Subjects that you will accept this his offer which he is confident God will so bless that it will be the readiest means by which these Kingdoms may again become a comfort to their friends and a terror to their enemies Newcastle 20. Decemb. 1646. But in stead of an Answer hereto the Houses were busie to Order the disposal of the Kings person for the Scots had their hire and were taking their leave That they were ready to depart and to march away desiring to know what service the Parliament would command them to the Estates of Scotland leaving the King to shift for himself And accordingly the Parliament Voted his remove to Holmby with respect to the safety and preservation of his Majesties pâ—rson and in preservation and defence of the true Religion but then a great debate followed whether the words according to the Covenant should be added and it past affirmatively And that after his coming thither and attended there by such as they shall appoint and that the Scots are gone out of the Kingdom then the Parliament will joyn with our Brethren of Scotland to perswade the King to pass the Propositions and if he refuse that then the Houses will do nothing that may break the union of the two Kingdoms but to preserve the same A Rumour there was of the Kings intentions to escape disguised from Newcastle Indeed there was a Hubbub raised of such a design and the Guards doubled that night and letters sent to General Leven to be more careful of the Kings Person who returns Answer of his double diligence therein and hath thanks
soon you shall have resolved these Queries The Scots Answer 14 Ianuary 1 To the first In what state you stand as in relation to freedom the Parliament of both your Kingdoms have given such orders and directions as they have thought fitting for the good and safety of your Majesty and the Kingdom to the General and Governour 2 To your second of going into Scotland we shall humbly desire that we may not be now put to give any Answer but if your Majesty shall either deny or delay your assent to the Propositions we are in that case to represent to your Majesty the Resolutions of the Parliament of England The King Replies I know very well that the General and Governor have received orders concerning me but the question is into what state those Orders put me in as relating to freedom to which you have either power to answer or not If you have then Answer me otherwise send to those that can And so to my second query And now must the Kingdom of Scotland set out their Remonstrance in relation to the Parliament of England's Order of disposing of the Kings person They do declare their concurrence for the Kings Majesties coming to Holmby House or some other of his Houses in or about London there to remain until he satisfie both Kingdoms in the Propositions of peace and that in the Interim there be no harm done to his person that there be no change of Government other than hath been the three years past and that his Posterity be no way prejudiced in their Lawful succession And as this is the clear Intention and full resolution of the Kingdome of Scotland according to our duty and interest in his Majesty so they are confident from the same grounds and many Declarations the same is the intent of their Brethren And at such time they do expect a renewed Declaration and that they will give brotherly and just satisfaction to the desires sent And they do assure it shall be their constant endeavour to keep all râ—ght between the Kingdoms according to the Covenant and Treaty The Commissioners for receiving the person of the King came to Newcastle Saturday the 22. of Iune and were appointed by the King to speake with him on Munday next after At their approach my Lord Pembroke began first as being the best man but the worst Speaker and told the King his Children were well at St. Iames's The rest said that they were commanded by the Parliament to attend him to Holdenby when his Majesty pleased He replied that he would give them Answer after he had put a few Questions to them and so they parted The Lord Lanerick was lately arrived at Newcastle from Scotland where the vote of their Parliament carried it by two voices only against the Kings coming into Scotland Then the Scots Lords came to the King who told them that he had often desired to go into Scotland that he came into their Army for protection and had it but now he perceived they were not willing thereto and they being to deliver up the Garisons he desires to know how they would dispose of him and for their Answer he desired them to withdraw and to consider to whom they would deliver him which they did telling the King That since his Majesty had refused to take the Covenant and sign the Propositions they were to deliver him to the Commissioners of the Parliament of England The next day came again the English Commissioners for Answer he told them he should not get ready for some dayes and said to Pembroke he had belyed him in many things but if this journey pleased him his expectation would be much frustrate Pembroke answered if he had had the least doubt some other should have come of the Errand and if this his good service deceived the King he was like so to deceive him more the King replied that the Scots were much beholding to him for travelling so oft of their errand to preserve peace of both Kingdoms The King desired that two of his Chaplains who had not taken the Covenant might attend him for his private use they excused it not to be in their Instructions nor could they send for leave to the Parliament but his Majesty might send by an Expresse of his own On Saturday the last of Ianuary the Scots Army marched out of Newcastle about three a clock after noon and the English forces entered at six at night and the King turned over to the English Commissioners who from Newcastle came with the King to Durham the first night with nine hundred Horse and Proclamation that none that had deserted the Parliament should come near his Majesty and yet a Scot one Mongo Murrey an old Servant conveyed a Letter into the Kings hands but was perceived and imprisoned and the Letter taken in Cipher By the way at Notingham General Fairfax with many of his Officers met the King who at his coming stopt his Horse the General alighted and kist his Majesties hand and then mounted talking with the King some miles of whom at parting the King gave this character that he was a Man of honour and had kept his word in observing Articles And so came to Holmby Tuesday the sixteenth of Feb. all the way especially in Towns the people in wonderful multitudes crying out Hosanna God save the King rejoycing to see him others the wiser sort weeping and sadly prophesing what after fell out The Rear of the Scots Army marched over Tweed the eleventh of Feb. at Kelsey and Barwick the six Regiments of Scots Horse which were appointed to disband according to agreement had their Rendezvouz at Kelsey where they were required to deliver up their Arms to take an Oath to offer no injury to the Country in their passage home to be faithful to the Covenant and Cause of both Kingdoms and not to engage with any against them which they sware to The French Ambassadour Extraordinary Belime that had been all this while with the King at Newcastle was come to the Parliament and had Audience signifying as before his Masters desire and his own endeavours hitherto for a happy accommodation between the King and Parliament and would not cease the prosecution if the Houses would please to make use of his service The King conceiving he was now to setle at Holmby and sufficiently sad and solitary sends to his House of Peers the next day after his coming a reasonable request for any two of his Chaplaines to pray with him And because he findes his condition not to command he begins now to intreat and to subsign his desires with the ordinary way of submission at the foot of his Letter and directed to the Speaker of the House of Peers Since I have never dissembled nor hid my Conscience and that I am not yet satisfied with the alteration of Religion to which you desire my consent I will not yet lose time in giving reasons which are too
of this Synod is to have meetings and Counsels together and are able to draw their brethren Pupils of their Faction as servum pecus slavishly yet with much zeal to voice as they please for their ends These prime men of God are almost deified by the Commons and are honour'd by the subtil and cunning Nobles and Gentlemen caressed and invited principal Guests to their Ladies and Wives And therefore however this Church Government pretends purity it is protestatio contra factum And Mas Robert Bruce was so attended into Edenburgh which occasioned King Iames to say Bruce intends to be King and to declare himself heir to King Robert the Bruce and it may easily be so believed if we confer the story of Mas Bruce his carriage with King Iames being seriously asked by the King whether upon his coming to the Crown of England he might not redeem the Roman Catholicks of Scotland Angus Huntly and Arrol in point of State security and give them a pardon and to restore them to their honour and Lands Bruce answered you may pardon Angus and Arrol but not Huntly Nay said the King rather he then they he my kinsman and friend doe as you think fit replyed Bruce you shall not have me and Huntly both for you see the story and yet this man was but a Minister at Edenburgh The General Assembly the great and high Sanhedrim the last resolution of faith the ultimate decision of all Controversies Infallibilitie the Jurisdiction universal concerning Ecclesiastica Ecclesiasticos and all Temporalia in ordine ad spiritualia It hath an Independent Soveraignty immediately from Christ to punish in Estate Life or Body in Life and death The King is to be Excommunicable and every Individual person whatsoever is to concur to compel censure punish dethrone un-King to kill c. It is composed of Commissioners from all the Presbyteries each Presbyterie sending two preaching Elders and a Lay Elder Every Corporation one Commissioner The Universities send Commissioners Lay-men and Graduates in Liberal Arts and Sciences The King is a Member Personally or Virtually and Representatively He hath one voice affirmative only Some hold he is there Princeps membrum some say he sits there as the Representative of the Civil body of the Kingdom and hath power to keep the peace there He may have four or five Assistants for advice whilst matters are in debating but in Vote he hath only one voice and that Affirmative only not Negative and is bound to put it to execution though against his conscience for Potestas juris is radically in the whole Assembly the King having but potestatem facti to be an Executioner Rei judicatae The King presides they say but so that it is only civilly in his civil capacity He cannot propose any thing Spiritual the Moderator must He cannot hinder the proposing of any thing concerning the Kingdom of Christ for then it were no free General Assembly Nay if the thing proposed be Spiritual and twisted with things civil and so endanger a change and distemper in the State and Government or danger to the King or Crown the Moderator or any Commissioner only hath power to propose and to determine it and that for God and Christs glory And observe that the proper Moderator should be a Preaching-Elder though we have noted before how Laymen Buchanan Melvil and Bruce have been Moderators but a Lay Elder cannot be Moderator Here is the Legislative Power the Soveraignty of Christs Kingdom the highest Tribunal and Judicatory of Christ upon Earth from which no Person no Officer no condition of Creature is priviledged from it no appeal They indict the Assembly by their own power Necessarily once a year they meet This Assembly vindicateth to it self only authoritativè within the Church of the Kingdom and Nation Yet consensivè and charitativè to extend to all Churches in the World what ever it be that concerneth fidem cultum Regimen c. credenda agenda And in ordine ad Spiritualia they will give the King Laws repeal his Laws command obedience to theirs otherwise Excommunication follows and if he neglect that then they incite inferiour Magistrates Nobles and Commons to order him compel and force him He is in a worse condition under this Soveraignty then under the Pope who is but One these a multitude And in this Assembly the Lay Judges Elders are de jure divino in the highest points of Faith Worship c. and have Vocem deliberativam vocem decisivam and to give Normam fidei cultus politiae what shall we say now to that of the Councel of Chalcedon Concilium Episcoporum est c. and that old verse Ite for as Laici non est vobis locus ici By the power of this Assembly all things there done are animated with a Potestative power by the influence which these Orders received from that Legislative power Christ hath intrusted them within his Oeconomical Kingdom They are above the King and his Soveraignty Their constant Tenet That if the King Queen Regent or Protector of the people or any other in whose person Soveraignty is fixed or will not submit to this holy Scepter any man or men are bound to doe it at their direction Representatively by a Fiduciary trust One of their own says that there is no authority above the Brotherhood No Magistrate may lawfully maim or deform the body of Christ the Church no lawful Church Government is changeable at the pleasure of the Magistrate of necessity all Christian Magistrates are bound to receive this Government Another says That what the holy Brotherhood cannot obtain by suit and dispute the people must bring it to pass The Scots maintain Religion may be reformed or preserved by violence if the King will not the Nobles may if neither of them will the people must Inferiour Magistrates and people may joyn every Individual in this good work may and ought to their utmost power intend and endeavour Reformation they have Texts of Scripture for all of Phineas who killed the Adulterers of Ehud who slew Eglon of Iael who killed Sisera of Matthias who killed a Iew for committing Idolatry and who in the same zeal killed the Kings Commissioner and all to be done in zeal as they fancy to God and his Cause All well affected may Covenant and Combine for doing this work The Confederates may by themselves give Orders of Reformation without the Authority of Soveraignty The have protested in Scotland against King and Parliament contemned Soveraign Authority usurped Royal power renounced their lawful Soveraign command all the Brotherhood to be assistant Denounce War against their Adversaries hear of no peace but enter combination for mutual defence Depose the Queen Regent And for Presidents of all or any of these we may have them in the History of Knox. In a word so absolute so incontroleable is this high Celestial Court that it commandeth conscience and Soul disposeth of Body and Estate that if you conform not to their
upon these faithless Creatures is to force them by the Sword which may cut off the rebellious Members and cause others to keep within the compass of Loyalty for no sooner were the English Forces called over out of Ireland for the Kings Service in England Anno 1643. but the Rebells broke all Contracts and began their Rapines and Murders as at first and in a word all Treaties of Peace with Irish Rebells from the first of their Insurrections have ever proceeded fatal to the English producing no other effects than Treacheries which being not timely discovered brought Mischief and Misery upon the heads of them who had too much relyed on them But now it may seem unreasonable say some to neglect an adventure of a second Treaty of Peace when the English are not able to force them by the Sword nor to defend themselves And 't is as true that the English deserve blame for trifling so much time before the Association with the Scots was concluded or the counsels of both communicated each to other uniting into one Body and might have prevented that unfortunate Blow which was given to the Scots by the Arch traitour Owen Ro Oneal who now wants nothing to crown his Designs but the winning of Dublin and Drogheda the onely two places of Importance within the Province of Lemster now remaining in the Kings possession The wilfull separation of the English and Scots which should hold together in this Irish War verifies the Observation Dum pugnamus singuli vincimur universi And by this means the Rebells prevailed in their Cruelties enforcing the Protestants to abandon their Habitations nay theiâ— Nation and to cross the Seas by Hundreds and Thousands to prevent the cruelty of the barbarous Enemy bemoaning themselves as formerly the Britains said by the Scots Repellunt Barbari ad Mare repellit Mare ad Barbaros inter haec duo genera funerum aut jugulamur aut mergimur But in effect good counsel was not accepted and so misery followed for a long time to the English Protestants The King now with the Scots Army was wrought upon to comply with them and the Parliament as he had cast himself into their hands so now it was his necessity also to put his own affairs to their managing and under his hand to give command to all his Garisons to surrender to the Parliament His affairs in Ireland were kept up as yet being at this distance not so soon to be submitted yet in order thereto he writes to the Marquess of Ormond his Lieutenant General there from Newcastle the eleventh of Iune 1646. requiring him and peremptorily commanding not to fall into any Treaty with the Irish which might engage the King to the Romish Catholicks party with whom he was induced to a Pacification which being communicated with the Council Board they all resolved to yield obedience in that point and a Letter instantly drawn up to return to the King with their punctual submission with an ample Relation of other Occurrents and passages concerning the Kings Service there where on the sudden one of the Council of honourable Rank gave it in to be considered that the King being now under Restraint may not be free to do as himself might think fit but what his new Masters may enforce from him and this Command of his was likely to proceed from them in the Scots Army To clear this Doubt the Bishop of Meath gave his Opinion that it seemed to him to be the Kings free act without enforcement Observing that they are not required by his Majesties Letters to take the Covenant or to conform to the new way of Reformation in Divine Worship nor to withdraw obedience from the Government established by his Royal Authority but the King being now disobliged of all former Engagement which the Irish had upon him by their wilfull Breach of Conditions he would not now again trust them any more upon the like score and therefore the matter of Peace being now the Rebells aim no longer than they may be anew furnished for a more fearfull War besides the Kings party must be enforced to make War upon the Parliaments party who are absolutely resolved never to afford them a Peace untill they have revenged the inhumane Murders made upon our Countreymen and Protestants And being now united with the powers of two potent Kingdoms England and Scotland this same Nation of Ireland if supposed to be faithfull can never be able to oppose them But this advice was somewhat checked by the visible assistance of the French who had already heightened up the Kings party to a War against the Parliament and to joyn in Peace with the Irish having already sent the Lord Digby with ten thousand pounds to Ormond as the earnest of some particular matters hereafter the pretence was to restore the King But in truth the French King aimed at his own advantage by favouring the Irish for the French Resident there had written to Ormond That if the King and Parliament should conclude a Peace it must be necessary to comprehend the Irish therein and for their settlement in their due Rights otherwise his Master must take the Irish into his Protection A practice evermore of the Irish to seek protection of Foreign Princes Bodin in his first Book de Republ. mentioneth an Earl of Desmond Gerald Fitz Iames the last of that House was killed in actual Rebellion and was afterwards attainted by Act of Parliament This Gerald had writ a Letter to Henry 2. of France That if his Majesty could procure a Grant of the Kingdom of Ireland from the Pope he would be content to hold it of him as in fee. Which Letter seems to have some reference to the Popes claim of a Right or propriety challenged by him in all the Islands of the World and so in Ireland upon which pretended ground Pope Adrian the fourth called Nicholas Breakspear â— and sometime a Monk of St. Albans licenced Henry 2. of England to invade Ireland and passed a Grant to him of the whole Kingdom reserving to his Holiness an annual Rent of Peter-pence to be passed out of every House in the Land the Original Record is kept in the Vatican and the Copy to be read in Baronius Annals And why not the same Design of France at this time the Popes Nuncio and the French Agent had been there above a year resident amongst the Confederates And it seems considerable for any ambitious Prince to purchace thereby to step into the Conquest of England It was the Observation of one of the Irish petit Kings who being driven out by some seditious Inhabitants sailed over into Anglesey then called Monae the Isle of Man and getting access to the Roman General Iulius Agricola told him that the Kingdom of Ireland might be kept in subjection Regione una modicis auxiliis adversus Britaniam profuturum If the Britains should by any sudden Insurrection shake off their yoke under the Roman Emperour And certainly
if the French or any other Nation should be called in thither it might be of dangerous consequence for so the Irish Rebells now threatned in case they should be put to extremity The Picts called for the Scots out of Ireland to assist them against the Britains and having done that Work they fell upon the Picts themselves and destroyed them and so took possession of that part of North Britain which from them ever since takes name of Scotland The like did the Saxons or rather a Rout of Pirates and Sea-Rovers they were no better invited to assist the miserable Britains against the barbarous Scots and put a final stop to their Incursions and after by Surprize of the Nobility of Britania and slew them The Remain of the people fled into the Mountains of Wales and Cornwall where they remain ever since and left the best of the Land to the insulting Saxons Nay did not Heraclius the Greek Emperour call for aid of the Rake-Hell Rabble of Scythians to assist him against the Saracens but no sooner got footing in the Empire and in process of time seized Constantinople slew Constantine the last of the Imperial Race of Paleologs and now possess that Seat the chief Residence for the great Turk descended of those Saracens But these were Pagans and Infidels we are all Christians Truly they can practise the old Rule Si violandum est jus regni causa violandum est in caeteris pietatem colas To gain Kingdoms we may bid Conscience good night And so it was happy for the King that his party called not over the French to fight for him nor would the Parliament at any time make Peace with the Irish wise enough they were to keep down the pride of the treacherous Scot that had good footing there in Ireland See before Anno 1643. the Treaty at Siginstone Septemb. 15. But the Parliament of England had considered of the order and manner of governing of Ireland by a Lord Lieutenant General and whom should they pick out but the Lord Lisle Son to the Earl of Leicester to command all the Forces raised and to be raised in and for reducing that Kingdom with a Council about him both at home and abroad the better to enable him for the Government but not as the Motto sets out Caesar this General went thither and so came home again as hereafter is mentioned The English Forces there in some distress the British in the North in great want but the happiness was that the Rebells were at difference amongst themselves And the thirteenth of May the Lord Lisle had order to beat his Drums to raise six thousand Foot and eight hundred and fifty Horse in England and Wales and for maintaining of these Forces it was ordered Six thousand pounds every six moneths end to the Treasurers for Ireland News came the fifteenth of Iune of the great Defeat given to the English and Scotish Forces in the Province of Ulster and the Parliament ordered five thousand Foot more fifteen hundred Horse to be added to the former Forces ordered in May and Arms Amunition and Victuals speedily to be sent over And notwithstanding the Parliamentary proceedings in Ireland by their advice and directions to such of their own party the King likewise had a particular party under the publick Government of the Marquess of Ormond Lieutenant General of his Majesties Forces for the Government of Ireland to whom he writes for the discharging all further Treaties with the Irish Rebells for any Peace as the Parliament advised the King to write the eleventh of Iune The Lord Broghall and the Lord Inchequin were particularly for the Parliament Broghall had intermixed several Successes against the Rebells he took Castle Lions and Inchequin Castle near Yougball then his Horse marched to Dungarven returning with five or six hundred head of Cattle and besieged the Garison of Blarnly Castle and the next Night gained the Out-works and the next Day set threeâ— Battering Guns against one of their new Flanks sixteen foot thick within the Castle their Powder took fire and blew up and spoiled twenty of their Men which with the bold Attempts of the Besiegers the Castle was surrendered the next Day the fifteenth of Iune two hundred persons to march away who left this exceeding strong place being held by faint hearts for a small space and now delivered up to slender Forces Musgrave was General for the Rebells and with the greatest Army of theirs was set down besieging Banratty against whom they sally out daily with very good Success Notwithstanding the Kings Letters at Newcastle whilest he was under durance That Ormond should not treat with the Rebells yet it seems he had finished and articled into a Peace with them August 1. That the Irish be not bound to take the Oath of Supremacy A Parliament to be held before November All Acts against the Roman Catholicks to be repealed Places of Strength to be in the hands of men of merit But the reason might be the wonderfull misery of the English and Scots Forces there impossible to hold out without any reasonable Food for Man or Horse And it was conceived there by Ormond and the Kings party that it was most convenient for the general good of the Protestants for it soon occasioned a Breach amongst the Rebells the Popes Nuncio and that Clergy protesting against it as being done without their privity and the chiefest of their Towns oppose the Peace as Limrick Waterford Wexford Lemster and Galloway And herein Ormond according to the Articles on either side was to assist against the Opposers of the Peace the fourteenth of Septembeâ— who marching with some thousands towards Kilkenny had intelligence by the way that a party of the discontented Rebells against the Peace had a Design against his person which made him suddenly to return to Dublin Concerning the thirty Articles the Popish Clergy disclaimed them and at a Supream Council ordered That all and singular Confederate Catholicks who shall adhere to the said Peace or consent with the Favourers of it or after any other manner shall entertain and imbrace it are absolutely to be accounted perjured specially for this reason because in these Articles there is no mention made of the Catholick Religion and the security thereof nor any regard had of the Consecration of the Priviledge of the Countrey as it was promised by the Oath But that all things are rather referred to the judgement of our most renowned King From whom in this present estate we can have nothing setled and in the mean time the Armies Weapons and Fortifications and the Supream Councel of the Confederate Catholicks it self are subjected to the Authority and Command of the Council of the State and the Protestant Officers of his Majestie from whom that we might be secure we have taken Oath For which and many other causes being moved only by our Consciences and having God before our eyes that it may be known to all and singular as
of Lemster and Ulster Novem. 1646. That the exercise of the Roman Catholick Religion be in Dublin and Drogheda and in all the Kingdom of Ireland as free as in Paris in France and Bruxells in Flanders That the Council of State called the Councel-Table be of Members true and faithful to his Majestie and such as may be no fear or suspition to go to the Parliaments party That Dublin Drogheda Team Newby Catherly Carlingford and all Protestant Garisons be manned by their Confederate Catholicks to maintain and keep the said Cities and Garisons for the use of our Soveraign Lord King Charls and his lawful Successors and for defence of the Kingdom of Ireland That the present Councel of the Confederators shall swear truly and faithfully to keep and maintain for the use of his Majesty and his Lawful Successors and for defence of the Kingdom of Ireland the abovesaid Cities and Garisons That the said Councellors and all Generals Officers and Souldiers whatsoever doe swear and protest to fight at Sea and Land against the Parliaments and all the Kings Enemies and that they will never come to any convention or agreement with the said Parliamentiers or any of the Kings Enemies to the prejudice of his Majesties Rights or of this Kingdom of Ireland That according to our Oaths of Association we will to the best of our power and cunning defend the Fundamental Lawes of this Kingdom the Kings Rights the Lives and Fortunes of the Subjects Owen O Neal Tho. Preston The Lord Lisle designed Lieutenant General of Ireland is but now this day taking leave of the Parliament to goe to Ireland Ian-28 and ere we can hope of his arrival there he writes to the Parliament he is willing to return for they had Debated his return before and so he came home again April 1. But the Parliament Vote the sending over more Forces into Ireland and with all vigour to carry on a Defensive War in that Kingdom with seven Regiments of Foot consisting of eight thousand four hundred besides Officers with three thousand Horse and one thousand two hunded Dragoons And all these to be taken out of the General Fairfax Army which was the occasion of much distemper between the Armies and the Parliament as will appear the next year But according to our former Method we may not omit the Kings affairs Military in Scotland under the Conduct of the Marquess of Montrose this year 1646. Montrose his late successe made him famous abroad which soon came to the Kings knowledg and although he were not able to send him supplies sufficient to Arm against the great power of his Enemies yet it was thought very fit to comply with him in Complements and therefore the King ot caresse him in some way sends from Oxford several Letters and Messengers to Montrose whilst he continued at Bothwel four miles East of Glascow amongst whom was Andrew Sandiland a Scotish man but bred in England a Church-Man faithful to the King and beloved of Montrose with whom he continued to the end of the War Another was Sir Robert Spotswood Son President of the Session in Scotland and now the Kings Secretary for that Kingdom The Instructions by all of them were to this effect That it was the Kings Pleasure Montrose should joyn unto himself the Earls of Roxborough and Traquair and to confide in their advice and endeavours of whose fidelity there was no question to be made That he should hasten towards the Tweed the River that runneth to Barwick and divides the Kingdoms where he should meet a party of Horse instantly sent by the King out of England with which he might safely give Battel to David Lesly if he should march that way with the Covenanters Horse as was suspected he would Each Messenger said as much and the King evermore over credulous confirmed the same by his Expresse which Montrose resolves to obey And here he receives a larger Commission from the King by Spotswood wherein he was impowered to give the honour of Knighthood which he did to Mack Donel at his departure Montrose intends the Kings commands and Journies to Calder Castle when the Earl of Albony whether Montrose would or no carries away with him his own men and all others of the Northern Forces Montrose passing by Edenburgh led his small Army through Louthian and in Straithgal joyns with Dowglasse whose forces mouldred daily In that coast Traquair himself came to him pretending faith and Loyalty to the King and the next day sends to him his Son the Lord Linton with a gallant Party of Horse as if to be under his Command that by that like pledg he might the better shadow his Villany which he intended the ungratfullest person to him and in him also to the King And now Montrose within twelve miles of Roxborough and Hume without any caresse from them and therefore mistrusting he resolves to seek them out and to bring them to reason But they cunningly send to David Lesly who by that time was come to Barwick with all the Scotish Horse out of England and willingly give him leave to pretend to the seizing of the Earls as Enemies to the Covenanters which was done the day before Montrose came to them Then comes Lesly over Tweed marching East of Lothâ—â—â— Montrose knowing their Wiles and fearing to be blocked up from passing to the North and Highlanders marches into Armindale so to Niddesdale South-westwards and the County of Ayre to raise Horse the Enemies strength being therein And from Kelsor comes to Iedburgh and Selkirk where he Quartered busied in some dispatches all night to the King and although he appointed the best of his Scouts who it seemes were false and suffered the Enemy with all their Forces to come within four miles ere he had warning Lesly that day when Montrose departed from Iedburgh mustâ—ered his Men upon Gladsmar in Lothianshire and marched straight to Serathgale to surprize Montrose upon the borders of Tweed and Linton had private Order from Traquair his treacherous Father to withdraw his party of Horse from Montrose and the Enemy within half a mile with six thousand the most Horse charged his Wing disorderly got together but Valiantly defended themselves until the third charge disranked routed the Foot after some resistance and over powered many who were all put to the sword after by Lesly's peculiar command and so to the very Women and Horse-boyes most of the Horse and some Foot shifted well and came to Montrose the next day An honest Irish Man seeing one of the Kings Standards engaged valiantly rescued it and stripping the staff wrapped it about his middle and brought it to Montrose who honoured him with the bearing thereof ever after The other Standard also born by William Hie Brother to the Earl of Kinole stript it off the staff and conveyed it with him to the borders of England and after when the coast was clear brought it to the North to his General But in
be desired to repair to the Army Which he did some weeks after viz. the twentieth of May. For the Army was in Mutiny against the Members and were not appeased until the Parliaments Declaration against the Army was rased out of the Journal Books of both the Houses seizing their Monies and Carriages as they passed for several Garisons and shared it as they thought good And the Reformado's and Souldiers about London flocked to the Parliament and for two hours blocked up the door of the Commons not suffering any to passe out or come in till their desires were granted And being in this fearful case the Commons vote concerning their self-denying Ordinance which upon such desperate distempers they would often debate and vote but never observe as now That such Members as have any Place Office or Sequestration granted to them be void and the benefit which they have received since the Ordinance be payed to the Common-wealth That the Members Lands be liable to their debts And freedom of Petitions against any Member That no Member receive any reparations for Damages by these times till the publick debts of the Kingdom be satisfied For indeed so many Members pretended damages that the poor Cavaliers Estates for private satisfactions were not able to compound for their Delinquency And the Commons of London were drawn to side with the Parliament and the multitude made a Petition in the name of many thousands well affected in the City of London which was canvased in the House of Commons and laid aside untill the Petitioners came flocking for Answer who were advised to depute a small Number to attend and they waited so long that some one of them was snap't for prating at the Parliament door which he justified at their Bar and was only bidden to return home and be Mannerly but the Petition was burnt several Copies at Wâ—stminster others at the Exchange London 22. May. But the Army is a powerfull party that must be otherwise handled and therefore the Parliament order Commissioners of their own to Treat with the Armies Commissioners The Parliaments Men were the Earl of Nottingham Lord Wharton Field Marshal Skippon Sir Henry Vane Jun. Sir Thomas Widrington Colonel White Mr. Scawen and Mr. Pory For the Army Commissioners General Ireton Sir Hardresse Waller Colonel Rich Colonel Lambert and Major Desbrough And their first mâ—eting was at Wickham the second of Iuly Little being as yet effected in relation to former desires of the Army they told them that they had several things of weight to be added which may very much conduce to the peace and safety of the Kingdom the preventing of a new War and to the sendâ—ng of some relief to Ireland which they will offer at the next meeting The King at Holmby with his Guardians and the Parliament and Army in distemper the Army thought it their Advantage to seize the King into their custody and accordingly the third of Iune a party of Horse under command of Coronet Ioice and sent from the Committee of Troopers in the Army came to Holmby where after they had secured their Guards demanded the King of the Commissioners who in a maze asked for his Warrant whose Answer That it was the sense of the Armie The same he said to the King promising security of his Majesties person and so the next Day after Dinner the Troop carried him and the Commissioners who would not leave him towards the Army of which the King sends word to the Parliament by the Earl of Dunferling That the King was unwillingly taken away by a part of the Armie five hundred Troopers that he desired the Parliament to maintain the Laws of the Land and that though he might sign to many things being in this condition yet not to be believed till further notice to the Houses This was strange and uncouth to the Parliament and therefore they order to sit again to morrow though Sunday and Mr. Marshal is voted to pray for them for the Army was in Rendezvouz near Kenford six Miles from Bury and the King in his way to them and so to Newmarket all the people in the High-way strewing the Streets with Flowers and Boughs and crying out Hosanna and therefore the Army conveyed him not through Cambridg but by Trumpington to Newmarket But the Generals Letter to the Parliament says That the Souldiers at Holmby had brought the King thence by consent and lay at Colonel Mountagues the next Night and would be at Newmarket the next Day the ground whereof was from an apprehension of some strength gathered to force the King from them thereupon I sent says he Colonel Whaley with his Regiment to meet the King and the Commissioners and to return them back again but they refused and were come to Sir John Cuts near Cambridg The General professing that this Remove was without his consent or his Officers about him or the Bodie of the Armie or without their desire or privitie and whose person he will secure from danger And assures the Parliament that the whole Armie endeavours Peace and are clear from opposing Presbyterie or to affect Independencie or to hold a licentious Freedom in Religion or Interest in any particular partie but to leave all to the Parliament Then on the sudden comes three Colonels Reformadoes and Actours at London with News to the Parliament That a Major of the Armie gave them assurance that the Armie was marching and would be with the Parliament by Noon next Day advising the Colonels to return with him to the Armie where they should be included within the Capitulation for their Arrears This strook the Parliament into a panick fear the Committee of Safety are sent unto to sit all Night The Sheriffs and Common Council of London present a Letter to them from the Army to that purpose of coming to the City A Massage presently is voted to the General to desire him not to come within five and twenty Miles of London and order ten thousand pounds more for the Army the Head Quarters being at Roiston Iune 11. And as the City moved for the Parliament so Petitions came from the Counties praying the Army not to disband ere all things were setled and so they come to St. Albans Then the Trained Bands are drawn out upon pain of Death and on the sudden all sent home again onely the Passes are strongly guarded about the Line of Communication then the Shops are shut up such clattering of Doors and Windows such Fears and Jealousies indeed as men would imagine the City were mad who send a Committee of their Common Council to the General And he returns Answer That the Armie was come thither ere the Parliaments Desires came to his hands and prays the House to send a Moneths Pay speedily to the Army which was done very dutifully And yet they vote That the General be required to deliver the person of the King to the former Commissioners to come to Richmond to the intent that
Propositions of Peace may be speedily presented to his Majesty and that Colonel Rossiter and his Regiment may guard his person The Army declare likewise That they appeal in the business of Ireland and desire of the Parliament to review their former Papers not yet satisfied that the Parliament and Kingdom are concerned therein pleading the Declarations of the Parliament themselves therein in point of Freedom Peace Safety the Laws of the Kingdom the President of Scotland and in the close conclude with Propositions for setling and securing their own and the Kingdoms common Rest Peace and Safety grounded upon these positive Articles That the Houses may be speedily purged of such as ought not to sit there That such who abused the Parliament and Army and endanger the Kingdom may be speedily disabled from doing the like or worse That some determinate period of time may be set to this and future Parliaments according to the intent of the Bill for Triennial Parliaments That provision may be not to be adjournable or dissolvable by any power but by their own consent during their respective period and then to determine themselves That the freedom of the people to present Grievances by Petition to Parliament may be vindicated That the exorbitant powers of Countrey Committees may be taken away That the Kingdom may be satisfied in the Parliaments Accounts for their vast Sums received and also in divers other things wherein the Common-wealth have been abused That after Delinquents have passed their Compositions an Act of Oblivion may be passed These fly high and therefore the Parliament to appease them send Commissioners to treat with the General to receive their Grievance which now is returned a Charge against eleven Members of the Commons Denzil Hollis Esq. Sir Philip Stapleton Sir William Lewis Sir Iohn Clotworthy Sir William Waller Sir Iohn Mainard Major General Massey Mr. Glyn Recorder of London Colonel Walter Long Colonel Edward Harley and Anthony Nichols Esq. Which Charge being read to their faces some of them made excuse for the present But this Charge is brought up by these Officers of Note four Colonels Scroop Okey Hewson and Pride Lieutenant Colonels Bowen and Goff Major Desborough and five Captains Berry Clark Carter Rolph and Saxbie and must be obeyed for there follows them a Paper also from the General and Army shewing That in pursuance of the Representation they have the Heads of a Charge against these Members and shall appoint fit persons on our and the Kingdoms behalf to make good the same and that if the Parliament shall admit the Debate and Consideration then the Armie shall desire That the persons impeached may be forthwith suspended from sitting in the House who have notoriously appeared to the prejudice and provocation of the Armie and unfit to be Iudges therein That a Moneths Pay be immediately sent down to the Armie the next Day by Noon at the farthest That if those Officers and Souldiers of the Army who have engaged in Ireland or those who have deserted the Army and come to London have received more than a Moneths Pay that then so much more Money may be sent to the Army to make their Pay equal And that hereafter they have no more Pay till the Army be paid their Arrears And concerning secret Practices and Designs to raise and list new Forces and those engaged in Ireland to march towards London to engage in a second War That no force be further raised in these Kingdoms or invited from foreign preparations to interrupt the Liberties and Peace of the Kingdom And all these to be speedily performed the condition of the Army and Kingdom and King himself not admitting Delaies June 27. To which obedience was performed and the several Orders for listing and drawing together any Forces of the Counties as also that other of listing the Reformadoes Officers to engage in the Parliaments Service are nulled and void But the Parliament debate the suspension of their eleven Members and vote That by Law no Iudgment can be given to suspend those Members before the particulars of the Papers be produced and the proofs made Nor have those Members done or said any thing within the House for which the House can suspend them But the Army is displeased the eleven Members forbear the House But not to affright the Parliament and City by being too near with the Army they removed to Backhamstead seven and twenty Miles from London thence to Uxbridg the six and twentieth of Iune and the King came from Roiston to Hatfield to the Earl of Salisbury's and thence to Causam the Lord Craven's The Army answer these Votes That they can prove them guilty of such practices in the House as will be just for the House to suspend them And that by the Laws of the Land and the Parliaments Precedents in the E. of Strafford Arch-bishop of Canterbury and the Lord Keeper Finch and others upon very Papers of Accusation they were suspended the sitting in Parliament and yet the Army is ready to give in a Charge against them and because the Members have of themselves forborn the House they are to be so forborn till they be proceeded against which is ready Iune 27. And yet to comply with the Desires of the Parliament the Army remove to Wickham And truly as the Kings Surprizal at Holmby and those future Distractions amazed most men to foresee the Issue and effects so it put the King into serious contemplation as he expresses himself What part God will have me now to act or suffer in this new and strange Scene of Affairs I am not much solicitous some little practice will serve that man who onely seeks to represent a part of honesty and honour This Surprize of Me tells the World that a King cannot be so low but he is considerable adding weight to that party where he appears This motion like others of the times seems excentrick and irregular yet not well to be resisted or quieted Better swim down such a stream then in vain to strive against it These are but the strugglings of those Twins which lately one womb enclosed the younger striving to prevail against the elder what the Presbyterians have hunted after the Independents now seek to catch for themselves So impossible it is for lines to be drawn from the center and not to divide from each other so much the wider by how much they go farther from the point of union That the builders of Babel should from division fall to confusion is no wonder but for those that pretend to build Jerusalem to divide their tongues and hands is but an ill Omen and sounds too like the fury of those Zealots whose intestine bitternesse and divisions were the greatest occasion of the last fatal destruction of that City Well may I change my Keepers and Prison but not my Captive condition only with this hope of bettering that those who are so much professed Patrons for the peoples Liberties cannot
be utterly against the Libertie of their King what they demand for their own Consciences they cannot in reason denie to mine In this they seem more ingenious then the Presbyterian rigor who sometimes complaining of exacting their conformitie to Laws are become the greatest Exactors of other mens submission to their novel injunctions before they are stamped with the Authority of Laws which they cannot well have without my consent 'T is a great argument that the Independents think themselves manumitted from their Rival's service in that they carry on a business of such consequence as the assuming my person into the Armies custodie without any Commission but that of their own will and power Such as will thus adventure on a King must not be thought over-modest or timorous to carry on any design they have a minde to The next motion menace's and scares both the two Houses and the City which soon after acting over again that former part of Tumultuarie motions never questioned punished or repented of must now suffer for both and see their former sin in the glass of the present terrors and distractions No man is so blinde as not to see herein the hand of Divine Iustice they that by Tumults first occasioned the raising of Armies must now be chastened by their own Armie for new Tumults So hardly can men be content with one sin but add sin to sin till the later punish the former such as were content to see me and many Members of both Houses driven away by the first unsuppressed Tumults are now forced to flie to an Armie or defend themselves against them But who can unfold the riddle of some mens justice The Members of both Houses who at first withdrew as my self was forced to do from the rudeness of the Tumults were counted Desertors and outed of their places in Parliament such as staied then and enjoyed the benefit of the Tumults were asserted for the only Parliament men Now the fliers from and forsakers of their places carry the Parliamentary power along with them complain highly against the Tumults and vindicate themselves by an Army Such as remained and kept their Stations are looked upon as Abettors of Tumultuarie Insolencies and Betraiers of the Freedom and honour of Parliament Thus is Power above all Rule Order and Law where men look more to present Advantages then their Consciences and the unchangeable Rules of Iustice while they are Iudges of others they are forced to condemn themselves Now the plea against Tumults holds good the Authors and Abettors of them are guilty of prodigious insolencies when as before they were counted as Friends and necessary Assistants I see Vengeance pursues and overtakes as the Mice and Rats are said to have done a Bishop in Germany them that thought to have escaped and fortified themselves most impregnably against it both by their multitude and compliance Whom the Laws cannot God will punish by their own crimes and hands I cannot but observe this divine Iustice yet with sorrow and pitie for I alwaies wished so well to the Parliament and City that I was sorry to see them doe or suffer any thing unworthy such great and considerable bodies in this Kingdom I was glad to see them only scared and humbled not broken by that shaking I never had so ill a thought of those Cities as to despair of their Loyalty to me which mistakes might Eclipse but I never believed malice had quite put out I pray God the storm be yet wholly passed over them upon whom I look as Christ did sometime over Jerusalem as Objects of my praiers and tears with compassionate grief fore-seeing those severer scatterings which will certainly befall such as wantonly refuse to be gathered to their duty fatall blindeness frequently attending and punishing wilful so that men shall not be able at last to prevent their sorrows who would not timely repent of their sins nor shall they be suffered to enjoy the comforts who securely neglect the counsels belonging to their peace They will finde that Brethren in iniquitie are not far from becoming insolent enemies there being nothing harder then to keep ill men long in one minde Nor is it possible to gain a fair period for those Notions which go rather in a round and circle of phansie then in a right line of Reason tending to the Law the onely Center of publick consistencie whither I pray God at last bring all sides Which will easily be done when we shall fully see how much more happy we are to be subject to the known Laws then to the various Wills of any men seem they never so plausible at first Vulgar compliance with any illegal and extravagant waies like violent motions in nature soon grows wearie of it self and ends in a refractory sullenness Peoples rebounds are oft in their faces who first put them upon those violent strokes For the Army which is so far excusable as they Act according to Souldiers Principles and interests demanding Pay and Indempnitie I think it necessarie in order to the publick peace that they should be satisfied as far as is just no man being more prone to consider then my self though they have fought against me yet I cannot but so far esteem that valour and gallantrie they have sometime shâ—wed as to wiâ—h I may never want such men to maintain my self my Laws and my Kingdoms in such a Peace as wherein they may enjoy their share and proportion as much as any men The King had made a suit to the Parliament to vouchsafe him the comfort of seeing his Chrildren at Syon as he passed towards Windsor but was not admitted He being now at Causam the Lord Cravens House made his case known to the General who resents it so much that he Writes to the Speaker of the Commons House and the same to the Lords And answered the Parliaments Exceptions because the Duke of Richmond and two of the Kings Chaplains had access to him Mr. Speaker I was sent unto by the King on Friday last to desire the Parliament to give way to him to see his Children and that they might for that purpose be sent unto him If I may be bold humbly to offer my Opinion I think the allowance of such a thing may be without the least prejudice to the Kingdom and yet gain more upon his Majestie than denying it And if it be in the prayers of everie good man that his heart may be gained the performance of such Civilities to him is verie sutable to those desires and will bear well with all men who if they can imagine it their own case cannot but be sorry if his Majesties natural afâ—ection to his Children in so small a thing shall not be complyed with And if any question should be concerning the assurance of their return I shall ingage therein within what time the Parliament shall limit Upon this occasion give me leave I beseech you to take notice of some Reports spread abroad as if my self
the old Speakers and many Members were fled to their Protection And the eleven Members that had leave to travel were now got into this new Parliament and Massie Sir William Waller and Colonel General Poins the City Favourites were Listing Reformadoes and others Souldiers And out comes the City Declaration 31. Iuly in effect That his Majesty was surprised at Holmby and though the Act was disavowed by the General Yet the Armie desire that his person may be Resident with them Improving their interest throughout the Kingdom That the City have indeavoured by Remonstrance and Petitions to satisfie all unbiassed men of their zeal to Peace by establishing the True Religion restoring his Majestie and maintaining Priviledge of Parliament easing the charge of the Kingdom securing the peoples Liberty and relieving of Ireland Endeavouring to hold good correspondency between the Army and City That the Priviledges of Parliament have been violated by the Armies causing the eleven Members to withdraw whilst the City Militia is demanded contrary to the Establishment by Ordinance of Parliament and is subject to no other Cognizance then of the King and Parliament That there is nothing in the world that we desire more then that his Majestie be left free in such an honourable condition and capacitie as his person may appear to be at libertie to receive and treat upon Propositions to be presented to him from the Parliaments of both Kingdoms for whilst his Royal person is invironed by an Army and remains under the power thereof He cannot give that free assent to Propositions as is requisite or if he doe we nor our Posterity have no hope to enjoy the same without alteration And therefore we are resolved to apply our selves to the Parliament and hope that all good Subjects touched with the sence of Duty and Allegiance which by the Law of God and man they owe to the King will unanimously joyn with us therein The matter of difference thus truly stated between us and the Army to wit That we would not submit the Militia of the City to be ruled at the pleasure of an Army after it had been so orderly setled into the hands of such as were intrusted with it for a year when there was a full and free Parliament So we finde it more then time that the whole Kingdom be possessed with the true state thereof and upon whom the guilt of a new War which God forbid must justly lodge and accordingly we expect a blessing from God in our just defence And conclude their desires summmond up to be The settlement of Religion by re-establishing his Majesty in his just Rights and Authority by upholding all lawful priviledges of a free Parliament by maintaining the Fundamental Laws by restoring the Subjects Libertie and propertie by freeing this long oppressed Kingdom of all Taxes enforceed Free Quarter of the Army which hath had no visible Enemy to encounter and from this resolution we shall never recede for any earthly consideration or advantage what soever And although the Parliament had by Ordinance of 19. Iuly given the General power over all the Land Forces under the pay of the Parliament they declare it shall not extend over the Trained Bands and Garisons And both Houses Order that this Declaration be Printed and published by the Militia of the City by sound of Trumpet and that the Sheriffs of the several Counties of this Kingdom and Wales do publish the same in their respective Limits accordingly The Army comes on this night at Wickam to morrow to be at Colebrook and the King now at Latimer The last of Iuly he was two dayes after at Stoke Abby near Windsor In this confusion the City differ among themselves at the sitting of their Common Councel at Guildhall the Trained Bands of Southwark came in a Muâ—inous manner and would not be commanded out of their Borough but there to stand upon their own Guard Then were presented Petitions of thousands well-affected one against another that matters might be composed but what way they cared not nor could they tell And therefore their new Leaders Massey Waller and Poins were displeased with the multitude at Guildhall fell to words and blows divers wounded and some slain and the Aldermen in Councel fearing the people were fain to sit all day and that night and only concluded to write to the General And Petitions are set on work on either side as their constitutions led them some against the Parliament others against the Army others made it their sport to see this confusion in Church and State and like true Bautofees kindled this fire into a flame Men they say that have wasted their Estates in the Kingdoms extremity Some complain for liberty of Conscience are now to a new tone and tune for their Faith are Imprisoned though nothing can be found worthy of death or of durance only for differing in the outside controversies though blameless in Conversation and Office So that in truth it was apparent to the people that after such a vast expense of Blood and Treasure the exchange was of men in Places but not of Manners old burthens with new names new men with old Corruptions Then in places of new Election for Members they first made the choice and then give the Voice complaining against the Parliamentary proceedings and pray the Army not to lay down their power till the Kingdom with its Ruler be committed to the care and chaâ—ge of such persons as may secure us from fear of future oppression The City send 6. Aldermen and 12. Commons with a Letter to the General and complain That the City is suspected though innocent from Acting against the Army and therefore these their Members they send to be added to their Committee now attending the Councel of the Army and pray the General to forbear the mischief of a new War No sooner come but they were presented with the Armies Remonstrance and Proposals And on Hownslow Heath they Rendezvouz twenty thousand Men Horse and Foot with a great Train of Artillery to astonish the City and therefore such of the Parliament as trusted to the Souldiers were there present the Earls of Northumberland Salisbury Kent the Lords Wark Howard Wharton Say and Moulgrave and others fourteen in all the Speaker Mr. Lenthal of the Commons and above a hundred more of their Members The City stand in a maze unresolved and inconstant the Army in the mean time send a Brigade under Command of Rainsborough and Hewson over Kingstone Bridge and all night March to Southwark being called thither in opposition to the City Massey was busie and knowing his own case desperate sent out his Scouts and are met with and taken prisoners some of the Train-men would needs march out and were worsted and lost their Colours for the General was now near Brainford And therefore the City meet him with humble Messages That finding that his desires of Marching so near is to settle the Members of the Lords and
Commons in their Liberties of Parliament to which the City will contribute all their Power and Service and pray with all submission that he will please to send such a Guard of several Regiments as may conduct them to the Parliament in safety and that the Passes and Ports shall be set open for them and what else to his Excellencies command 3. Aug. But on come the Brigades into Southwark to encompass the City and Rainsborough Hewson Pride Thistlewel Marched without opposition but rather heartily welcome till they came to the Bridge-gate of the City which was shut and the Portcullis let down and a Guard within They make a stand and plant two pieces and set a Guard without then Hewson Marched into St. Georges Fields sends a Summons to the great Fort in the Highway to Lambeth which was suddenly Surrendred by eight a clock that morning The Common Councel now sitting post away Messages to the General who slowly comes on and demands all the Forts of the West side of the City to be Commanded by him before six a clock at night To which the City submit Professing how ready they are to comply with the Army and have given order to their Militia for drawing off all Forces and Ordnance accordingly and speedily to be effected And that now next under Almighty God we doe râ—ly upon your Excellencies honourable word for our safety and protection 4. Aug. The King this while fast and loose on all sides thought it good to be as forward with the Army professing in his Letter that he acquits himself of the scandal cast upon him concerning the Tumults of London accounting it a dishonourable action to be brought to his City in Tumult desiring rather to rely on the General and the Army as more safe and honourable excusing that this Letter came but now which was writ the day before this agreement between the General and the City But he comes on and at Kensington is met by the City Commissioners by the Members of both Houses who had been driven away by tumult And forthwith a Declaration is published of the mutual joyning of the Parliament and Army making Null all Acts passed by the Members at Westminster since the 26. of Iuly last and so all March together towards Westminster And by the way in Hide Park waits the Lord Mayor and his Brethren to congratulate the good composure between the Army and City and then to Westminster thus First Regiment of Foot and Rich his Horse next the Lord General Cromwels Regiment of Horse and then the General of Horseback with his Life Guard the Lords in Coaches with the Speaker of the Commons and their Members Tomlinsons Regiment of Horse brought up the Rear-Guard and you must note that each Souldier had a green branch in his hat and at Charing Cross stood the Common Council humbly ducking to his Excellency and so went on to the Parliament And being sat in both Houses their first duty was to Enact the General to be High Constable of the Tower of London The next was for a Festival day on all sides which the sorrowful City must nevertheless pay for Then was the General sent for to receive thanks of both Houses for his preservation of their Liberties And to caress the Army a months pay is given to them as a largess for this great grace and favour And the next day the General with the whole Army Horse and Foot Marched in Triumph through the City from eleven a clock till eight at night the Generals Quarters went to Croyden and the Army all about in Essex and Kent from this day being Saturday till Munday When the General comes to takes possession of the Tower and the City Guard were turned out and after Dinner the City Committee did congratulate their happiness in his care of the City and could wish that the Records of the Tower might in time to come make known to the World this their safety in him being now made visible in subjection to the Souldier they crave pardon for not waiting upon him to the City in such equâ—page as he merited nor with such a present as the shortness of preparation could possibly admit and therefore they were now come to bid him to Dinner And in the end of all they desired that Mr. West might continue his Deputy Lieutenant But they were answered He had intrusted it to one of his own and a Citizen Colonel Titchburn Then he took view of the Amunition the strength of the White Tower and last of all of the Records where he was told of the great Charter of England Which he had a great desire he said to see And being shewed it with some Ceremonies he took off his Hat This is that said he which we have fought for and by Gods help we must maintain Some smiled to see his simple and single intention the sense of all pretenders which while we fight for we fly from And having done what they would do they begin again to think of the King the great expectation of the Kingdom and so he resides at his Quarters at Kingston August 13. But first the Parliament must undo what the City had lately done in their Apprentices Ordinance so called and voted unwarrantable and in a world to unravel and null all Acts in their absence and to prosecute Examinations and Punishments against the Actours in the late Insurrections And the King is come from Stoke to Oatlands August 14. But the Members were not well at ease unless some Setlement were made for them by Orders and Ordinances against the usurping Members from Iuly 26. to Aug. 6. to be forced and no free Parliament At last after long Debate the Question was put Whether the Question should be put or not And concluded Affirmative by two Voices Then Whether the Proceedings were forced and that Sitting no free Parliament And it was carried in the Negative by three Voices August 17. And the Army remonstrate the practice of the late force upon the Parliament That not any of those Members which did sit in the absence of their Speaker shall presume to continue in the House till satisfaction be given of their intention to raise a new War and imbroil the Kingdom by contriving the King to come to the City and they brought to condign punishment by the judgment of a free Parliament And so they have Letters of Thanks from both Houses for this Remonstrance August 20. But take it in effect Whereas there was a visible horrid insolent and actual force upon the Houses of Parliament Munday the six and twentieth of July last whereby the Speakers and many Members were forced to absent themselves and could not return and fit before the sixth of August and that the Ordinance of the six and twentieth of July for revoking and making void of the Ordinance of the three and twentieth of July for setling the Militia of London and all other their Votes
the Army hereabouts the charge thereof shall be laid upon them and their Adherents about the City That the Parliament would consider of their Delinquencie that had a hand in the late Tumult Engagement and Design of a new War that they may be fined according to Iustice. That the Army will dispose themselves for the Levying the money required in case speedy advancement be not made The City seemed hide bound and underhand it was conceived that the Army was too high to be hindered from being their own carvers The Army suspect that they are too well understood And therefore not to drindle any longer And in plain terms Represent their desires to the Parliament with a Letter from the General and his Councel Remembring them that in their former Declaration from St. Albons it was expressed in General for setling and securing the Kingdom In order to which they presented their Proposals and in pursuance thereof having set forth what their desires are as Members of the Common-wealth They now desire those things which concern themselves as Souldiers and of satisfactions in relation thereto to be taken into speedy consideration by the Parliament In brief That a Committee of the Parliament may reside in the Armie to audite their Accounts of the Armies Arrears and to give Debenters as well for the pay respited upon the Publick Faith as otherwise for their service under this General or any other respective Commanders in the Parliaments Service which is to be made an unquestionable debt That Bishops Dean and Chapters and Forrest Lands may be sold for payment of the Armies Arrears That an Ordinance be passed that no person that is or shall be in this Army shall not be impressed to any Foreign service nor any Horseman be ever forced to serve on Foot in any future case An Act to pass for Prentices Freedom that have served the Parliament and provision for their maimed Souldiers Widows and Orphans An Act for Indemnity of Souldiers for any Action Petition or Papers agreed at Waldon in March last or any thing else in relation to the Army This begat serious consideration of the Parliament and present payment of 30000. l. and their gratuity to the Army and the moneths pay and all these from their own Treasurers and for the present they could but leavy the Arrears due from the City which was done with wonderful regret Propositions of Peace were now finished the consent and approbation of the Estates of Scotland returned and so they are speeded to the King at Hampton Court 7. Septemb. by the Commissioners the Earl of Pembroke the Lord Mountague Sir Iames Harrington Sir Io. Cook Sir Io. Holland and Major General Brown for the Parliament and the Earl of Lotherdale and Sir Charls Erskin for the Scots And though the Propositions were long the King told them they should have a speedy Answer which he delivered to them in writing the next day C. R. His Majestie cannot chuse but be passionatelie sensible as he believes all his good Subjects are of the late great distractions â—nd still languishing and unsetled state of this Kingdom and he calls God to witness and is willing to give Testimonie to all the world of his readiness to contribute his utmost endeavours for restoring it to a happy and flourishing condition His Majestie having perused the Propositions now brought to him finds them the same in effect which were offered to him at Newcastle To some of which as he could not then consent without violation of his conscience and honour so neither can he agree to others now conceiving them in many respects more disagreeable to the present condition of affairs than when they were formerly presented unto him as being destructive to the main principal interests of the Army and of all those whose affections concur with them And his Majestie having seen the proposals of the Army to the Commissioners from his two Houses residing with them and with them to be treated on in order to the clearing and securing of the Rights and Liberties of the Kingdom and the setling of a just and lasting Peace To which proposals as the conceives his two Houses not to be strangers So he believes they will think with him that they much more conduce to the satisfaction of all interests and may be a fitter foundation for a lasting peace than the propositions which at this time are tendred unto him He therefore propounds as the best way in his judgement in order to a peace that his two Houses would instantly take into consideration those proposals upon which there may be a personal Treatie with his Majestie and upon such other Propositions as his Majestie shall make hoping that the said proposals may be so moderated in the said Treatie as to render them the more capable of his Majesties full concession wherein he resolves to give full satisfaction to his people for whatsoever shall concern the Protestant profession with liberty to tender Consciences the securing of the Lawes Liberties and properties of his Subjects and all the just Priviledges of Parliaments for the future and likewise by his present deportment in this Treaty he will make the world clearly judge of his intentions in matters of future Government In which Treaty his Majestie will be well pleased if it be thought fit that Commissioners from the Army whose the proposals are may likewise be admitted His Majestie therefore conjures his two Houses of Parliament by the duty they owe God and his Majesty their King And by the bowels of Compassion they have to their fellow Subjects both for relief of their present sufferings and to prevent future miseries that they will forthwith accept of this his Majesties offer whereby the joyful news of Peace may be restored to this distressed Kingdom And for what concerns the Kingdom of Scotland mentioned in the Propositions his Majestie will very willingly Treat upon those particulars with the Scotish Commissioners and doubts not but to give reasonable satisfaction to that his Kingdom At Hampton-Court the 9. of September 1647. For the Speaker of the House of Peers pro tempore to be communicated c. By this Answer we see the King is catchâ—t to comply with the Army rather in their Proposals for setling of a peace 1. Aug. for now the design is working In order thereto Colonel Hamond is sent down to be Governour of the Isle of Wight an Item to the great fate that followed And the Kings Answer is Voted a flat denial That the King denies in his Answer to give his assent to the Propositions and that the King and those about the King shall speedily be taken into consideration Then after a dayes time to consider they debate Whether to adhere to the Propositions or fall upon the Proposals or have a personal Treaty with the King or not or whether to send the Propositions again to the King But after debates they resolve To fall upon the settlement of the Kingdom by
Lordships cannot be ignorant And further give me leave to adde if so unworthy a servant as I am and that which concerns my honour were at all worthy your consideration whether it would not much reflect on me in case these Gentlemen should be removed from hence The King and they have freely thrown themselves upon me for safety upon confidence as they please to say of my honour and honesty and the satisfaction they expect it would have given the Parliament the King being necessitated to remove c. Yet whatever is commanded by Authority of Parliament though never so contrary to my sense or honour shall never be disobeyed by my Lord Carisbroke Caste 19. Nov. 1647. Your Lordships servant Ro. Hamond The King was now at leisure to bethink himself what advantage a personal Treaty would be to him and being mindful of what he had lately writ to the Parliament concerning the same in his last Message to them from Carisbroke Castle He writes to them again 6. December for an Answer CHARLES REX Had his Majesty thought it possible that his two Houses could be imployed in things of greater concernment then the peace of this miserable distracted Kingdom He would have expected with more patience their leisure in acknowledging the receipt of his Message of the 16. of November last But since there is not in nature any consideration preceding to that of Peace his Majesties constant tenderness of the welfare of his Subjects hath such a prevalence with him that he cannot forbear the vehement prosecution of a personal Treaty which is only so much the more desired by his Majesty as it is superiour to all other means of Peace And truly when his Majesty considers the several complaints he daily hears from all parts of this Kingdom that Trade is so decayed all Commodities so dear and Taxes so unsupportable that even natural subsistence will instantly fail His Majestie to perform the trust reposed in him must use his utmost endeavours for Peace though he were to have no share in the benefit of it And hath not his Majesty done his part for it by divesting himself of so much Power and Authority as by his last Message he hath promised to doe upon the concluding of the whole Peace And hath he met with that acknowledgment from his two Houses which this great grace and favour justly deserves Surely the blame of this great retarding of Peace must fall somewhere else than on his Majesty To conclude if ye will but consider in how little time this necessary good work will be done if you the two Houses will wait on his Majesty with the same resolutions for Peace as he will meet you he no way doubts but that ye will willingly agree to this his Majesties earnest desire of a personal Treaty and speedily desire his presence amongst you where all things agreed on being digested into Acts till when it is most unreasonable for his Majesty or his two Houses to desire each of other the least concession this Kingdom may at last enjoy the blessing of a long wisht for peace Carisbook Castle Decemb. 6. 1647. For the Speaker of the House of Peers pro tempore to be communicated c. And accordingly the monstrous distractions of the State and Army wrought upon both to satisfie the King and peoples desires and therefore to oppose his demands they prepare four Bils as a pledge of trust to which if he assent it would draw on a Treaty touching the rest which they intended by Propositions to be compleated with speed The four Bills were these 1. That it be lawful for the future to order the Militia of the Kingdom without the Kings consent to raise what Armies they please All others under pain of Treason are prohibited to assemble to the number of thirty persons without the Authority of Parliament 2. That it be lawful for the Houses to sit to adjourn their sitting to what place they please to assemble at what time soever and at their own discretion 3. That all the Oaths Interdictions and Declarations sent forth in publick against either Houses be accounted and declared void 4. Whomsoever of the Nobility the King had dignified with Titles from the time himself departed and carried away the great Seal of the Kingdom the same be degraded of their Honours And these to be passed into Acts. The Bills and the Propositions in effect as before with some alterations were thought fitting to be sent together which were brought to the King by Commissioners but the Scotish Commissioners followed at their heeles and presented the day before the Scots came 29. of Decem. at Carisbrook Castle to which he said though they were long yet he would shortly give Answer The next day the Scots came and present a Paper of their dissent in these words That the new Propositions and the Bills therewith presented to your Majesty are so prejudicial to Religion the Crown and the Union and Interest of the Kingdoms and so far different from the former proceedings and engagements betwixt the Kingdoms as we cannot concur therein Therefore we do in the Name of the Kingdom of Scotland dissent from these Propositions and Bills now tendered to your Majesty Louderdale Erskin Kenners Barkey And Publish their Reasons in a Declaration First in the matters of Religion Next concerning the interest and power of the Crown which they are bound by Covenant Allegeance and Duty not to diminish which power principally consists in making and Enacting Laws and in protecting and defending his Subjects and the exercise of that power are the parts and duties of that function That the Scepter and Sword are the Badges of that power And concerning the Militia they conceive that in his Majesties Message from Carisbroke Castle he hath offered that which is very satisfactory but that the King his posterity and Crown should be thereof divested for ever how can he or his posterity protect either without that power Touching confirming of Titles of honour the King ought not to be deprived of that which hath been held and is a Flower of his Crown See the Kings own Arguments in his Declarations May 1642. and concerning Hull That they had desired a personal Treaty with the King in London November 5. and afterwards November 17. to all which they never received Answer and that some things were to be distinguished but the expresse conditions of their League and Covenant the duty of their Allegeance and the treaties between the Kingdoms are such strong obligations as all that Honour or Conscience must acknowledg to be inviolably observed That the sending of Propositions without a Treaty hath been essayed without successe That the new Propositions are lesse to the advantage to the Crown then the former therefore unlike to have better successe than formerly That the Parliament have ever acknowledged the removal of the Kings person from his Parliament to be the chief cause of all the War and that then his presence
must be the best and only remedy to remove our troubles That without a Treaty the Propositions may be esteemed Impositions That the King might have some just desires to move for the Crown and for himself and that every thing in the Propositions might not be of such importance as that the not granting it might hinder a peace That a personal Treaty is the best way to beget a mutual confidence between the King and Parliament And amongst other Protestations they aver That if Scotland had apprehended that the least injury or violence would have been committed against his person or Monarchical Government had they not received assurances from the Parliament to the contrary certainly all the threatnings and allurements in the world could never have perswaded them to have parted from the King and that it was their brotherly confidence in the Parliament fellow Subjects and the assurance that they had from both Houses that made them leave the King Then they complain of a vast deformity or multiformity of Heresies and sects endangering the ruin of Religion in this Kingdom But what ere the Scots have said in this Declaration the Parliament afterwards found out such Members at leisure that formed into a Committee for that purpose gave them a sound Answer But the King in the general Interest of all conceived them so unreasonable to be positively assented unto before a Treaty or dispute of some part or either of them as that he refused Giving his Reasons in a Letter or Message sealed up to the Commissioners for the Parliament to open But the Earl of Denbigh the cheif Commissioner desired the King that although they were intrusted only to bring the demands in writing and not to Treat yet they hope his Majesty would distinguish them from ordinary Commissioners and suffer them to see what was written professing that his Majesty should not receive disappointment or prejudice thereby The King Commands Ashburnham to read them aloud in these words C. R. The Necessity of complying with all engaged interests in these great distempers for a perfect settlement of peace his Majesty findes to be none of the least difficulties he hath met with since the time of his afflictions Which is too visible when at the same time that the two Houses of the English Parliament do present to his Majesty several Bills and Propositions for his consent the Commissioners for Scotland do openly protest against them So that were there nothing in the case but the consideration of that difference his Majesty cannot Imagine how to give such an Answer to what is now proposed as thereby to promise himself his great end A perfect Peace And when his Majesty further considers how impossible it is in the condition he now stands to fulfil the desires of the two Houses since the only ancient and known wayes of passing Laws are either by his Majesties personal assent in the House of Peers or by Commission under his great Seal of England He cannot but wonder at such failings in the manner of addresse which is now made unto him Unlesse his two Houses intend that his Majesty shall allow of a great Seal made without his Authority before there be any consideration had thereupon in a Treaty Which as it may hereafter hazard the security it self so for the present it seems very unreasonable to his Majesty And though his Majesty is willing to believe that the intentions of very many in both Houses in sending these Bills before a Treaty was only to obtain a trust from him and not to take any advantage by passing them to force other things from him which are either against his Conscience or Honour Yet his Majesty believes it clear to all understandings that these Bills contain as they are now penned not only the divesting himself of all Soveraignty and that without possibility of recovering it either to him or his Successors except by repeal of those Bills but also the making his Concessions guilty of the greatest pressures that can be made upon the Subject as in other particulars so by giving an arbitrary and unlimited power to the two Houses for ever to raise and levy Forces for Land or Sea service of what persons without distinction or quality and to what numbers they please And likewise for the payment of them to levy what monies in such sort and by such wayes and means and consequently upon the Estates of whatsoever persons they shall think fit and appoint which is utterly inconsistent with the Liberty and Property of the Subject and his Majesties trust in protecting them So that if the Major part of both Houses shall think it necessary to put the rest of the propositions into Bills his Majesty leaves all the World to judge how unsafe it would be for him to consent thereunto And if not what a strange condition after the passing of these four Bills his Majesty and all his Subjects would be cast into And here his Majesty thinks it not unfit to wish his two Houses to consider well the manner of their proceeding That when his Maiesty desires a personal Treaty with them for the setling of a Peace they in Answer propose the very subject matter of the most essential part thereof to be the first granted A thing which will be hardly credible to posterity Wherefore his Majesty declares That neither the desire of being freed from this tedious and Irksome condition of life his Majesty hath so long suffered nor the apprehension of what may befall him in case his two Houses shal not attend him a personal Treaty shall make him change his resolution of not consenting to any Act till the whole Peace be concluded yet then he intends not only to give just and reasonable satisfaction in the particulars presented to him but also to make good all other concessions mentioned in his Message of the twenty sixth of November last Which he thought would have produced better effects than what he findes in the Bills and Propositions now presented unto him And yet his Majesty cannot give over but now again earnestly presse for a personal Treaty so passionately is he affected with the advantages which peace will bring to his Majesty and all his Subjects of which he will not all dispair there being no other visible way to obtain a well grounded peace How ever his Majesty is very much at ease within himself for having fulfilled the Offices both of a Christian and of a King and will patiently wait the good pleasure of Almighty God to encline the hearts of his two Houses to consider their King and to compassionate their fellow Subjects miseries Carisbroke Castle Decem. 28. 1647. For the Speaker of the Lords House c. Herein the Commissioners found what pinched the Parliament and no sooner had the Parliaments Commissioners taken their leave and were gone towards Newport but Hamond turns out all the Kings Servants out of the Castle The confusion was so great that the King demands of
him whether this suddain change be sutable to his Ingagement or for a man of honour or honesty to deal thus with them that had so freely cast themselves upon him and whether the Commissioners were acquainted herewith he answered No but that he had the Parliaments Authority to do it and that he plainly saw by his Answer to the Propositions that he acted by other councils than stood with the good of the Kingdom Do you infer this sayes the King from my Answer and commanded Ashburnham to read the Copy thereof aloud to the company Hamond replied to all that he hoped of the good liking of the Houses thereto The King answered for once I will dare to be a Prophet for if ever the Parliament return an Answer to this believe me not but instead of all they will give the Governour thanks for his severity and send him a gratuity which they did And all parted with tears and much grief to the King Which so exasperated the people of the Island that somewhat happened like a mutiny and one Captain Barley heated with passion and misjudgment beat a Drum in Newport crying out for God and the King and the people but was soon suppressed interpreting this attempt to be a design they said to take away the King to seize the Castle and to do such like impossibilities Hereupon the Vice Admiral Rainsborough is commanded with a Fleet to surround the Isle and Land Forces are sent thither to strengthen the places and Votes passed the House for the trial of the chief Actors in this Mutiny Decem. 30. And Baily was arraigned at Winchester condemned for High Treason and accordingly hanged drawn and quarterd for Sir Harry Mildmay sometime Master of the Jewel house to the King and his Houshold servant alwaies had particular thanks of the House for his good service at Southampton upon the Commission of Oyer and determiner for the trial of Captain Baily Febr. 2. The Kings Answer read in the Houses and the effect known to the Army that hereby he was in a Gin and upon ruine they all piece again and the Agitators are brought into order only two Dissenters in honour to Military Discipline were shot and others imprisoned and all men had leave and liking to exclaim against him even in Pulpits generally countenancing the opinion of the most exasperated Members to consult of Interdictory Votes against all Commerce with the King which was set out the tenth of Ianuary 1. That the Houses for the future should have no access to or commerce with the King 2. Nor by any person whatsoever unless having obtained leave of both Houses 3. That no Messenger nor Paper should be recieved at any time from the King 4. That he shall incur the pains of High Treason that shall act to the contrary These were long debated below and the Houses made thin ere they were resolved And the first Vote held the whole day the Members wearied perhaps sooner than perswaded to the hopes of better events than followed the latter three were harsh yet necessarily depending Howbeit the higher House held to the tugg for many dayes till the Messengers of the Army came and gave thanks to the Commons and the old Artifice was set on work by the Rabble to rail at the Lords and some other terrors of Guards to the dissenting Peers made them at last to joyn with the Commons in these Votes and had thanks from the Army that the Souldiers would defend the priviledges of the upper House And for what was done then and subsequently acted there were Emissaries ordained to extort gratulatory Petitions from the people for what was done and to desire some more severe course upon the King But in fine the Parliament was put to it to give their Reasons of those Votes in a publick Declaration 15. Febr. In which they endeavour to set forth the fruitless addresses formerly made to the King which besides the suffering of many hundred thousands free-born people have not moved him That 7. Applications with Propositions have been tendered wherein the Parliament have yielded up not only their will and affections but reason and judgment yet he never accepted of any sent him No not after he was gone from Oxford his Towns and Armies overcome The last address was but for four Bills which they judged just honourable and necessary for safety during the after Treaty Then they remember many nay all the passages complainable of his Reign as hath been particularly set forth heretofore in their several Remonstrances where to the King gave Answers all which are but the repetition of former observations sufficiently expressed throughout this History and to say it over again will but trouble the Reader nor make more advantage to either party than as heretofore hath been And they conclude That he hath not only forgot his duty to the Kingdom but care and respect to himself and Family and that they could give many reasons more why they will make no more addresses and yet they will use their utmost endeavours to settle the present Government as may best stand with the Peace and happines of this Kingdom And hereupon almost together comes out the Armies Declaration in reference to the former of the Parliament We finde say they That the Parliament have insisted only upon some few things so essential to that interest of the Kingdom which they have hitherto engaged for as that without betraying the safety of the Nation and themselves and all that had engaged with them in that cause without denying that which God in the issue of the War hath born such testimony unto that they could goe no lower and these things granted they have offered to Treat of all the rest so that by and with the Kings denial we can see no hopes of settlement or security that way And therefore understanding that on Munday last the House of Commons have resolved not to make any further address to the King nor receive any from him nor to suffer either in others We do freely and unanimously declare for our selves and the Army that we are resolved through the grace of God firmly to adhere with and stand by the Parliament in their said Votes and in what shall be further necessary for prosecution thereof and for the sitting and securing of the Parliament and Kingdom without the King and against him or any other that shall partake with him Windsor Ian. 11. It is true that it cannot be conceived that the King could have any possible means to make Answer to the Parliaments Declaration and Army there were too many spies upon him Yet not long after some one so well affected to the Kings Service that whilst he is a prisoner takes upon him the Kings Cause and published an Answer such as it is which we submit to censure The Title stiles it His Majesties Answer to a Pamphlet Intituled a Declaration of the Commons of England in Parliament assembled expressing their Reasons and Grounds
of passing their late resolutions touching no further address or application to be made to the King published by his Majesties appointment I believe that it was never heard of untill now that heavy imputations were laid on any man I speak not now of Kings which I confess makes the case yet more strange and unjust and he not permitted to see much less to answer them but so it is now with the KING which does though silently yet subject him to as great an imputation as there is any in the said Declaration for those who know no better may think that he cannot because he does not Answer it Wherefore I hold it my duty knowing these things better than every ordinary man to doe my best that the King should not be injured by the ignorance of his people and albeit I lying under persecution for my Conscience and Love to Regal Authority have not the means in every thing to make full probations yet I am confident in all the most material points for to make the truth of the KINGS innocency appear that I shall satisfie any impartial judicious Reader What the issue of former Addresses to the KING hath been is most certainly known to all the World but where the faults rest whereby Peace hath not ensued bare asseverations without proofs cannot I am sure satisfie any judicious Reader And indeed it seems to me that the Penner of this seeks more to take the ears of the ignorant multitude with big words and bold assertions than to satisfie rational men with real proofs or true arguments For at the very first he begs the Question taking it for granted that the KING could ease the sighs and groans dry the tears and stanch the Blood of his distressed Subjects Alas is it he that keeps Armies on Foot when there is none to oppose Is it he that will not lay down Excise Taxations and Free-Quarterings But it is he indeed who was so far from power even at that time being far worse since that in most things he wanted the liberty of any free-born man It is he who never refused to ease his people of their grievances witness more Acts of grace passed in his Reign than to speak within my compass in any five Kings or Queens times that ever were before him moreover it is he who to settle the present unhappy distractions and as the best means to it to obtain a personal Treaty hath offered so much that to say truth during his own time he hath left himself little more then the Title of a KING as it plainly appears by his Message from the Isle of Wight concerning the Militia and chusing the Officers of State and privy Counsellours besides other points of complyance which is needless here to mention Good God! are these Offers unfit for them to receive Have they tendered such Propositions that might occasion the world to judge that they have yielded up not only their wills and affections but their reasons also and judgments for obtaining a true peace or good accommodation It is true that if they can shew what reasonably they could have asked more or wherein the KINGS offers were deficient either in point of security or by with-holding from any of his Subjects a jot of their just priviledges then they said somewhat to challenge belief But bare Asseverations even against what a man sees will not get credit with any but such who abandon their judgments to an implicite Faith Nor can the determinations of all the Parliaments in the World make a thing just or necessary if it be not so in it self And can it be imagined that any who were ever acquainted with the passages at the Treaties of Oxford and Uxbridge will believe though it be said that the Propositions tendred at Newcastle were the same in effect which had been presented to the King before in the midst of all his strength and Forces Indeed me thinks such slips as these should at least make a man be wary how to believe such things for which he sees no better proofs and yet it should seem that a man must either take their words for good payment or remain unsatisfied for a little after it is said That the Kings strange unexpected and conditional Answers or Denials might justly have made them consider some other course for setling the Kingdom in peace and safety without any further application but never shew wherein the strangeness of his Answers or Denials consists and I should think that those Reasons upon which the laying by of a KINGS Authority is grounded for it is no less ought to be particularly mentioned for the Worlds satisfaction and not involved in general words for it thereby seems that it is their power more than that of Reason which they trust to for procuring of obedience to their Determinations or belief to what they say Otherwaies can it be imagined that their saying That their last Propositions were to be qualified that where it might stand with the publick safety the wonted Scruples or Objections were prevented or removed can give satisfaction to any rational man who hath seen all their former Propositions For it is most evident that their demands have alwaies increased with their good fortune And for their great Condiscention to a personal Treaty which under favour can scarcely be called so for the KING though he had granted what was desired was not to come neither to nor near London but to stay in the Isle of Wight and there to Treat with Commissioners upon signing the four Bills Surely they incurred therein but little danger for it is most evident that they contain the very substance of the most essential parts of their demands which being once granted the KING would neither have had power to deny nor any thing left worth the refusing for after he had confessed that he had taken up Arms to invade the Liberty of his people whereas it was for the defence of his own Rights and had likewise condemned all those who had served him and that he had totally divested himself his Heirs and successors for ever of the power of the Sword whereby the protection of his Subjects which is one of the most essential and necessary Rights belonging to Regal Authority is totally torn away from the Crown and that by a silent confession he had done himself and Successors an irreparable prejudice concerning the gâ—eat Seal I speak not of the other two Bills neither of which are of little importance what was there more for him to grant worth the insisting upon after such Concessions or indeed what power was left him to deny any thing So that the KINGS necessity of giving the Answer he did for it was no absolute refusal is most evident unless he had resolved to have lived in quiet without honour and to have given his people peace without safety by abandoning them to an arbitrary and unlimited power of the two Houses for ever concerning the Levying of Land or Sea Forces
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 iâ— 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 prisonâ—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
that they should furnish him with Shipping and all things necessary these things were transacted the 1. of August and to imbarque at a port in Angus but their Ship not ready being so designed to engage his neglect he hired a Norway Man of Birgen thither he sends his friends Sir Io. Hurrey Iohn Dromond Henry Graham Iohn Spotswood Iohn Lily Patrick Melvin Geo. Wiseheart Doctor of Divinity Divid Gutlery Pardus La-sound a Frenchman Rodolph a German men pickt out for their abilities he sends them before and himself clad in a course suit he passed disguised as a servant to Iames Wood his worthy Chaplain from the haven of Montrose which flows to Brechen in Angus And from this time the State of Scotland had Elbow room without any Enemies at home The Scots Army being returned home out of England kept up a Body under colour of Civil diffentions there And their General David Lesley had Command of all and having notice that his Enemy Kilketto was retreated out of Arguile into Cantire and the Earl of Antrim into the Isles he drew off from Perth and came to Dundain and Arguile himself retreated to Inerne Castle quartering between Sterling and Dunkel The general Kirk Assembly of Scotland met Iuly 6. and ordered a publick Fast upon these Reasons That Gods hand is stretched out against them in the judgement of the Pestilence mainly increasing The great danger of Religion in the work of Reformation in both Kingdoms from the number and the Policy of Sectaries in England like to overturn the Foundation there laid with the expence of so much blood and pains And therefore they resolve to cleave to the Solemn League and Covenant against all the purposes and endeavours and underminings of their Enemy and pray for the Parliament of England and the Synod of Divines and the good effects and fruits of Truth and Peace which they now had for Montrose was gone But in this distempers of England the Scots increased their Forces and put England into fears and jealousies so that Allarm was often devised to see in what posture the English should be for seven thousand of the Scots were drawing Southward for fresh Quarters and are come over Spey River with Lesley Middleton in the East and Arguile's in the West and the Highlanders keep the Hills And not long after Lesley is come to Iaddard within fourty miles of Newcastle with fifteen hundred Horse and three thousand Foot for his part But notwithstanding the States of Scotland pretend to Disband unless their Kingdom be in danger of trouble the person of the King in any hazard or their Kingdom thereby dishonour'd and therefore for the present they raise two hundred thousand pounds Scotch for the present Sept. 27. but having knowledge by their Commissioners in England of the affairs here they will not Disband for at the beheading of the Lord Hart-Hill at Edenburgh one who had been for the King in the time of Montrose He scattered some Papers there to the people which mention the particulars of great troubles likely to be in England But to caress them and to see what they do 2. of the Lords and 4. of the Commons House are speedily to Post with Instructions to the Estates of Scotland where we leave them till the next year and proceed to a summary of the affairs of Ireland this year The Parliaments Commissioners are gon to Ireland to take possession of Dublin for the Marquess of Ormond and landed them the seventh of Iune and with them were Colonel Iones Captain Merridith Captain Parsons four hundred and fifty Hoâ—se and one thousand Foot commanded by Colonel Kinaston and four Captains mist at the time that Sir Charls Coot defeated a party of the Rebels The Parliament there now sitting gave good reception to the Commissioners in Iune Colonel Iones is made Governor of Dublin and much troubled by mutinies for advance mony and pay of arrears but were appeased and the old eleven Regiments of Foot reduced to seven viz. the Earl of Kildares Lord Moor Tichburn Benlace Willoughby Baily and Flowers in all about four thousand Many skirmishes are daily in several parts of the Provinces winning and loosing as the fate of war falls out but the complaint comes sad on the Parliament of England that their monies are gon their provisions in the field cannot last six daies and are forced to leave the field and go to garison for want of bread that Owen Roe the Rebel is with great forces in Connaught and Preston is marching against Dublin against whom Colonel Iones marches out with three thousand Horse and Foot and faced each other about twelve miles from Dublin the Enemy being eight thousand who fell on and forced Iones to retreat and then to fly and were pursued four miles taken prisoners and killed many the whole forces being in very sad condition But the eighth of August it was revenged by Colonel Iones upon Preston neer Trim killed five thousand four hundred and seventy Foot Souldiers three hundred of the Gentry seven thousand Arms taken four pieces of ordnance and great pillage with one hundred and fifty Oxen. About twelve a clock the Armies joyned battell continuing two hours Iones his Horse of two wings and some Foot having broken both wings of the Enemies the main body also advanced and did as much against theirs then the Enemy about three thousand drew up into a Bog and in abody whom Iones surrounded the Foot fall in and killed them those that came forth fell into the Horse and were all slain It was the greatest overthrow that we can boast of since the first war of the English against the Irish but not long after he rallies and joynes with Owen Oneal But the Lord Inchequin and his Souldiers understanding the differences of the Parliament and Army in England make their declaration and Remonstrance also yet they resolve to go on against the Rebels but will not admit of any alteration in Martial Government untill their arrears be paid them what is due both in England and Ireland And the Scots are called upon to Recall their â—orces out of Ulster in Ireland there being no further need of their forces the Parliament of England resolving to prosecute that war with the forces of England onely for Colonel Iones was successfull and had taken from the second of October to the nineteenth Castle Ricard Port Castle Athby Grucesfort the Mabber Belliloe Cabbrough Castle War Danmock Carrat Matrose Castle down and Castle Amoin And Inchequin hath his share of success in the Province of Munster the thirteenth of November neer Megallo and Clancard and killed two thousand five hundred upon the plain divers wounded and taken prisoners so that the Enemies loss is reckoned four thousand but at the close of these events the English cry out for recruit of men relief of Provisions and oft times ready to starve but the Kingdom of England are not at better leisure to help them being in much distemper at home
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 Tuillâ—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 aâ— 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 beâ—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 Viâ—itors but to the King And which they make
good by Lawes Statutes Oaths Protestations But on the Visitors proceed and inquiry being made of that neglect to take the Solemn League and Covenant and the Negative Oath and oppose their obedience to the discipline and directory or shall not promote them to their several places and callings Upon which the Masters Scholars and other Officers and Members of this University not to judge the Consciences of others but to clear our selves before God and the world from all suspition of obstinacy whilst we discharge our own Present to consideration the true Reasons of our present judgement concerning the said Covenant Oath and Ordinances expecting so much Justice and hoping so much Charity as either not to be pressed to conform to what is required in any of the Premisses further then our present judgement will warrant us or not condemned for the 〈◊〉 so to doe without real and clear satisfaction given to our just scruples And first they except against the Preface as not conceiving the entring into such a League and Covenant to be a lawful proper and probable means to preserve our selves and our Religion from ruine and destruction Nor can believe the same to be according to the commendable practice of these Kingdoms or the example of Gods people in other Nations when we finde not not the least foot-steps in our Histories of a sworn Covenant ever entered into by the people of this Kingdom upon any occasion whatsoever nor can remember any commendable example of the like done in any other Nation but are rather told by the defenders of this Covenant That the world never saw the like before Mr. Nye Covenant with Narrative pa. 12. And of the Covenant in gross they are not satisfied first how they can submit to the taking thereof as it is now imposed under a penalty as being repugnant to the nature of a covenant a volantary mutual consent of the â—ontractors not compelled Pactum est duorum pluriúmve in idem placitum consensus Nor can they take it without betraying the liberty which we swear with our lives and fortune to preserve and is expressed in the Petition of Right and by the Parliaments Declarations acknowledged to be contrary 3. Without acknowledging in the Imposers a greater power then can consist with our former Protestation Nor can we in wisdom and duty being Subjects enter into a Covenant wherein He whose Subjects we are is in any wise concerned without his consent It being in his power by the equity of the Law Numb 30. to Annul and make void the same at his pleasure And seeing the King hath by his publick Interdict expresly forbidden the taking thereof Proclam 9. Octob. 9. Car. Then they except against some Branches in each of the six Articles And concerning the Negâ—tive Oâ—th They cannot take it without forfeiture of that Liberty not to take any Oath unless established by Act of Parliament without abjuring our National Allegiance violating the Oaths of Supremacie and Allegiance whereby every Subject is bound to serve and assist his Prince and Soveraign at all seasons when need shall require 11. H. 7. 18. and without diminution of his Majesties just power and greatness And concerning the Discipline and Directory all together they are not satisfied how they can submit to the Ordinances of Parliament not having the Royal assent contrary to the Laws of the Land and also pretend by repeal to abrogate them a lesser power to Annul the Act of a greater especially the whole power of ordering all matters Ecclesiastical being by the Lawes for ever annexed to the Imperial Crown of this Kingdom For as for the Discipline and the Government also we cannot consent without the eradication of a Government of Reverend Antiquity in the Church continued and confirmed by the Laws and Charters of the Kingdom which the successive Kings at their Coronation have sworn to preserve And as to the Directory they cannot without regret of conscience consent to the taking away of the Book of Common Prayer which they have subscribed unto and have used in our Churches to the comfort of our Souls and is justly defensible and maintained by godly men and they shall be able to justifie against all Papists and other Oppugners or Depravers thereof It being established by act of Parliament expresly commanded to all Ministers to use the same and severe Sanctions of punishment to the refusers c. And after all they conclude Thus have we clearly and freely represented our Present judgement concerning the said Covenant Oath and Ordinances only we desire That if any one single scruple or reason in any the premisses remain unsatisfied the Conscience would remain still unsatisfied And in that case it can neither be reasonable for them that cannot satisfie us to press us nor lawful for us that cannot be satisfied to submit to the said Covenant Oath and Ordinances Quis damnaverit eum qui duabus potentissimis rebus defenditur Iure mente Quintil. Happy is he that condemneth not himself in that which he alloweth Rom. 14. 22. These Exceptions were approved by general consent in a full Convocation the last year 1. Iune and presented to consideration But no Answer nor Reply hereto so that the University thought themselves secure untill now that the Earl of Pembroke their Chancellor makes his Visitation 17. April At his entrance Mr. Mayor a Member of the Commons House makes a Speech to him in what Language I need not remember Another by Mr. Chenil at Martin Coll. where he lodged The next morning he went to force out Mrs. Fall the late Deans Wife to settle Mr. Reynolds there which was done Vi Armis the Souldiers breaking open all at his Lordships command And in the afternoon he being Cathedrantus in the Convocation he delivered over his power to his Vice-Chancellor now made Dr. Reynolds and so were others Cambers Callicot Harris made Doctors of Divinity Palmer of Physick Wilkinson and Chenel Batchelours of Divinity and many others made Masters The next day the Chancellor and his Band brake open the door of the President of Magdalen Colledge and gave possession to Wilkinson The like at All-souls where the Warden Doctor Shelden refused to submit because the Visitors had no Authority from the King but his Chamber door was broken open upon him and he confined to a Room in the Town and Palmer put in his place Then to Trinity where forcing the doors Harris was made the Master At St. Iohns Doctor Bayly denyed their Authority and Chenel had his place Next to Wodham Colledge where breaking open what was shut Wilkins was put in And to end all many of the Commons of Christ-church were ejected as Doctor Hamond and others and so ended the Scene and his Lordship came home again and had thanks by the parliament for his wonderful wisdom in rectifying and reforming the University of Oxford and Voted that all such Masters Fellows and Officers there as refused to submit to
some are set awork to advise the Duke of Yorke's escape which was thus The Royal Family were all at St. James's under government of the Earl of Northumberland and his Lady the Duke of York had been tampering not long since with Pen and Ink and framed a Letter in Ciphers to the Queen his Mother the rather to let her see how capable he was of Intelligence The Parliament blamed him for medling with writing without leave of his Governour but his ingenuity soon confessed his first fault and promised to offend no more in that kind nor did he and therefore had great freedom to walk within the walls in his sisters company the Princess Elizabeth of whom he seemed very fond His pretty sport was in the long covered Walk the Statue Row in the Privy Garden where a door opens into the Park there he walks and sports There was one Colonel Bamfield come over from the Queen and closely sent a Message to the Duke that at the said door in the Walk he would shadow himself without and whisper to him at the Key-hole his Mothers Message to trust his escape to his design The Duke borrows of the Gardner the Key into the Inner Garden because of his being often out of the way and with safety enough for it was out of minde the other door into the Park The evening come he accompanies his Sister very late and to have the more freedom he usually had the sport of Hide and Keep childrens play which shadowed his missing till very late and he was gone out at that door where Bamfield receives him on foot to the waterside that night and instantly habits him in womans apparel and down the River towards a Barque at Anchor neer Margates By the way in a Barge the Steersman peeps in behinde and sees Bamfield take off his Garter George under the Petticote which discovers so much that the man steers round and demurs but his mouth was made up and on they Rowed and boarded the Barque already under sail and safely landed at Dort in Holland a welcome guest to his dearest Sister the Royal Princess of Orange Tumults increase in several Counties and are seasonably allayed some by force or flattery others surcease of themselves But now to the purpose which the people drive at A Petition of the Grand Jury and many thousands of Knights Gentlemen and Freeholders of Essex presented to the Parliament 4. of May. That it is impossible that the sad and direfull effects of this late War should cease without the principal causes be taken away His Majesties absence from his Parliament hath been pretended the main cause of increasing Iealousies and misunderstandings between them And conceive that a timely concession to the King for a personal Treaty might remove all fears which are yet the only obstacles of peace And for the Army they pray That they may have their Arrears and so Disband them And that the Parliament would consider of that unum necessarium and condescend to the Royal Intimations of his Majesty for a personal Treaty without which no hope of peace or quiet of the Kingdom And after them comes another of Surrey That the King may be restored to his due Honour and Rights according to the Oaths of Supremacy and Allegiance and to be established in his Throne according to the splendor of his Ancestors To come forthwith to Westminster that he may Treat personally for composing of the differences That the Free-born Subjects may be governed by the known Laws now in force That the War beginning may be prevented that the Ordinances for preventing free Quarter may be duly executed and speedily to disband the Army having their Arrears due and paid them The Petitioners were many and numbers of them at present in the Hall whilst the Petition was debated and as usual some slight occasion is taken to Mutiny against the Guard of Subscribers one or two slain many hurt and the Tumult increasing by Abetters at hand on both sides more force of Horse and Foot were called from White-hall and the Mews but night came and parted the Fray And therefore to suppress these Tumults about London and in many Counties of the Kingdom and Wales all the Ordinances against Malignants are rigorously pursued against them and yet would not prevail But as these Petitions were conceived Mutinies So the City thought it time to be serious in one of theirs And very modestly acknowledge the high favours of Parliament in communicating sundry their Votes to the City wherein to their great comfort are expressed the Parliaments Resolutions not to alter the Fundamental Government of the Kingdom by King Lords and Commons And to preserve inviolably the Solemn League and Covenant and the Treaties between England and Scotland in the Propositions agreed upon by them both and preservation of their union according to the Covenant and Treaties And in the end thereof are much grieved for their Magistrates and fellow Citizens a long time under restraint and the City thereby deprived of their service Praying That the Parliament would improve the prosecuting and perfecting the said Votes and preventing a new and bloody War and that the Citizens and Recorder now prisoners may be released 23. May. The Parliament had proceeded against those of the City and against some Lords and other Members of the Commons who had tart and bold defences as refusing to be tryed by the Lords or by Councels of War but stand upon the tryals at the Common Law and by Juries of their own And in truth Tumults increased in each Counties that the Parliament knew not whether hand to turn unto so that to begin their clemency they are over intreated or rather wearied out to release the City Prisoners first and by degrees the rest And to remove the Lieutenant of the Tower and to pâ—t in Mr. West a Citizen to afford them their security of their own Militia and to caress them into some quietness who began to be angry Indeed the Presbyter now takes heart But among many Insurrections that of Kent increased formidably so that the General was desired to march upon them and was now Rendezvouzed on Black-heath The Kentish men for King Parliament and Kingdom offer a parley by Letter signed with several hands Sir Thomas Payton their Lieutenant General and Esquire Edward Hales their General to which they had this Answer from Fairfax SIRS I received a Message from you for a Pass for some Gentlemen as Commissioners to come treat according to an Order of Parliament To which I Ans. That I know not of any such order nor any authority in you to appoint Commissioners for such a purpose But I finding you and them in Arms against the Parliament I cannot admit of Treaty but if ye shall forthwith lay down your Arms and retire home I doubt not of the Parliaments mercy to such as have been deluded into this rebellion and their exemplary justice to the
Barkstead gets over into Essex Sandwich Deale and Weymor Castles held out against Colonel Rich and Hewson And Kent thus reduced the General Ferries his Forces over at Gravesend and Greenwich into Essex where that County was gotten into a Body of six thousand and but ill Armed the Earl of Norwich makes bold to borrow the Earl of Warwicks Armory served the turn for the present and the General Marching on the Essexians who get into Colchester the seat of War for their friends in other Counties to come to their aid For The General is come and set down to the Siege and after Skirmishes and as yet the â—ounty men in good heart They within are Summoned to yield My Lord I am come hither with the Parliaments Forces to reduce those under your Command to the Parliament if your Lordship and those under you will lay down Arms and so prevent much blood and the Town from Plunder otherwise the evil will lye upon you and excuse me 13. June You servant Tho. Fairfax This Summons was slighted for the merry Earl of Norwich told the Trumpeter he heard of the Generals Gout but he would cure him of all diseases but the General writes again concerning the harsh usage of some Prisoners of quality Commissioners of the Parliament SIR I understand you have in custody Sir William Massam and others prisoners I desire this bearer may see in what condition they are that their wants may be supplyed and to exchange yours for prisoners of mine Tho. Fairfax Which was Answered and consented unto and the like from them And rest your Lordships servants Norwich Capel Lucas 15. June Indeed the Prisoners of each were of different quality and so not to be equally exchanged for many Gentry of the best quality were ingaged in the Town the remain of many gallant Commanders of the Kings and of the former Cavaliers so that during this Siege and often Sallies there suffered many of Noble descent and Families But it was an hard case that the House of Commons voted to seise into custody twenty persons Cavaliers in lieu of these Committee-men of Essex taken priosoners And although the City of London appear not in publick against the Essex Revolters yet we may guess at the affections of many of them by a Bill presented to Doctor Burges Lecturer at St. Pauls Cathedral to be read and subscribed by numbers of Citizens desiring to give thanks to God for his Protection to the King in preventing his Majesty from being impoisoned and to pray for the good success of the Forces under the Command of the Earl of Norwich the Lord Capel Sir Charles Lucas and for Sir Marmaduke Landale who was Marching from the North to their relief The King straitned in his imprisonment at Carisbook Castle his own servants removed and others of very mean rank put upon him some of these mutined against each other and in the dissention a rumour was raised there of a design to impoison the King Osborne an ordinary man Dowset a Groom of a Lords Chamber and Babington his Barber and one Major Rolph The murmur there made the noise thereof so increase at London that the Parliament ordered their Commitment The business was Legally prosecuted to a Tryal at Southampton Assize where the Evidences were so disagreeing and the charge so irregular in Law that the Grand Iury found it Ignoramus and in truth the King himself gave no credit to the report Whilst these businesses were in Action a fresh Insurrection was devised so near ken of the Parliament as Kingston upon Thaâ—es The chief Actor was the Earl of Holland Commissioned from the Prince of Wales beyond Seas To this Iuncto was drawn in the Duke of Buckingham and his valiant brother the Lord Francis the Earl of Peterborough and others 'T is true it broke out into Arms Iuly 2. but being some time a brewing and weakly mannaged they were soon dissipated their former meetings unadvised and too publick The Parli had eyes upon their Actions which were discovered from time to time by false fellows amongst them and so put to it to appear before they were ready they Summon'd a Rendezvouz on Kingston Heath not more coming then five hundred horse and truly being met their General was not fitted with Orders of Command every one asking who should lead them on Yet it amazed the Parliament who in fear of the effects listed present Forces of Horse at the charge of each Member for security of Whitehall and themselves subscribing to their abilities And it was time for the City had received Letters of Invitation from those of the Insurrection To the Lord Mayor Aldermen c. Having of long time beheld the sad Calamities of these Kingdoms and finding no other means of redress we are forced into this undertakeing which we desire may be rightly understood of all well affected especially of this City whose actions and good endeavours doe suâ—ficiently evidence their good affections To this end we have inclosed a brief account of our intentions of peace to the Kingdom which we hope will give satisfaction to all whose assistance with Gods blessing we desire no further then our desires are real for the happiness of King Parliament and Kingdom according to Covenant July 6. Your humble servants Buckingham Holland Peterborough Hereupon the Parliament Vote them Traytors and all others their Adherents and their Estates instantly to be sequestred But to the Business Friday the 7. of Iuly the parties March from Darking with their whole Force to possesse Rigat which they had quitted the other day and hither they came too late for Major Gibbons and Colonel Riches Horse entred the Town before upon which the other March towards Kingston and are pursued so close that divers of them are taken prisoners betwixt Ewell and Non-such Park in the very High way to Kingston Then each drew up and faced one the other and was disputed by Parties whilst the Risers sent their Foot before into Kingston to secure their Retreat The Forlornes fought well on both sides but at last they fly and were pursued to Kingston where their Foot had made good the Turn-pike and stopt the Career of the Pursuers That night the Parliament Forces kept Guard without the Town till morning that their Foot was come and then give Allarm and enter but found no Adversary but one hundred Horse with their Carriages for the men were fled over the Bridge towards Harrow on the Hill whither they are pursued But in the former Disputes that gallant Lord Francis Villâ—â—rs was slain with many wounds and twenty more one hundred Prisoners and two hundred Horses And truely from henceforth they were hunted never daring to make a stand or to dispute with any parties though of far less number And are now so separated that sport was made to finde out the Parties posting any wither for safety of their lives East West North and South And the greatest party following their flying General
the Earl of Holland to St. Needs and pursued by Colonel Scroop from Hartford who being guided by Spyes got the secret waies thither ere the Defendants were aware yet some were Mounted and in a Body but were beaten by a Forlorn and Routed before the rest entered the Duke with sixty Horse flyes away towards Lincolnshire and escapes beyond Seas Their General not up or not dressed was taken in his Câ—â—mber many that fought got away some slain others prisoners persons of good Note so that the Souldiers said they never met with such golden booties fine clothes gallant Horses and pockets full of Coin The Parliament say they lost but three And for the present the Earl of Holland is sent prisoner to Warwick Castle where he continued untill his Arraignment and Execution at Westminster the 9. of March as hereafter follows But the Prisoners of note were the Earl of Holland Sir Gilbert Gerard Colonel Skemisher Major Holland Major Slepkin Lieu Col. Goodwin Colonel Legg and one hundred more Dalbier and a Son of Sir Kenelm Digbies slain the Lord Andover was after taken at Dover and there imprisoned The Parliament of Scotland were now sitting since the second of March and not well pleased with the English proceedings it was thought fitting here to send English Commissioners to reside there during their Session And of the Lords House were chosen the Earls of Nottingham and Standford the Commons were Mr. Arthurst Colonel Birch Mr. Herle and Mr. Marshal Preachers For the Scots recruit their Army at home and the English expect an Invasion of them being generally dissatisfied there of our proceedings against the King here However the Commssioners of England resident there acquainted our Parliament here with Propositions of Scotland and this their Answer to some Papers sent thither That it was the desire of the Parliament of England to maintain a good correspondency between the two Nations 2. That this Kingdom would take speedy care for the advance of a hundred thousand pounds due unto that Kingdom and so long as that sum or any part should be forborn they should have Interest after the rate of 8. l. per â—ent for the same 3. And that concerning the Arrears due to the Scots Army in Ireland the Parliament of Scotland are desired either to propound a certain sum by the Lump for the service of that Army there or else to appoint Commissioners on their side or appoint their Commissioners with ours to repair into Ireland to audit the 〈◊〉 of that Army So then we find the outward pretences on both sides to keep a good correspondency And to Caress them the more ever and anon the Parliament of England would by debates and Orders shew an inclination to settle the Presbyterian Government here by that means to quiet the bawling Spirits of the Scots Ministery in their Kirk and Pulpits though it was never seriously intended here And even at this time Letters of Intelligence came from Scotland that Sir Tho Glenham Sir Lewis Divâ—â—â—ir Marmaduke Langdale and others from the Queen in France are expected in Scotland and many discontented English flock to Edenburgh from all parts Captain Wogans Horse Marched thither from the Army with a full Troop and two Companies of Foot landed out of Ireland at Chester and Marched thither likewise But as the Affairs of the English Parliament had suffered under several distractions so these of Scotland were managed with great disturbance some of their Members would raise an Army to espouse the Kings quarrel and to restore him Another party desire an Army to suppress the Sectaries of both Kingdoms but are loath thereby to strengthen the hands of Malignants in either Kingdom A third would have no Army at all and to some end or other they frame an Oath That Presbyterial Government be maintained That the King be not restored till he subscribe the Covenant and endeavours the extripation of Sectaries That Ecclesiastical Power is not subordinate to the Civil That the Kings Negative voice in England be taken away In Debate of these Passages two of their best Sparks the Earl of Kilmore allied to Hamilton and the Lord Granston to their General Leven went out in a Fury and fought a Duâ—l and most of many are for War The Parliament of England confer and Vote that all Members be summoned to attend the Houses on the 24. of the next Moneth April for the Estates of Scotland had formed a Committee of danger who had of themselves voted to raise fourty thousand men and these were Duke Hamilton Arguile the Earls of Crawford Lindsey Lauderdale Lanrick Calandar Traquair and Roxborough the Lords Eimeâ—pethen Waneston 〈◊〉 Humbe Collington Arneston Gartland and Ennis and eight Burgessâ—s But against the manner of this Vote not the matter a Protestation was made by eighteen Lords and fourty other to this effect Whereas we have desired that no Power be granted to any Committee to engage this Kingdom in a War before the Parliament resolve on a War and state the cause and ends thereof it being not agreeable to the Act of Parliament 1640 c. And protest not to be included but may be free of all the evill that may follow thereupon to the cause of God the Covenant Religion and to the Kings person and Authority to this Kirk and Kingdom or the union of both The Scots are come and their General Duke Hamilton consults there with Sir Marmaduke Langdale whether towards Lancashire or New-castle the Duke marches himself in the Van with his Trumpeters before in Scarlet Coats with silver lace and much state His life guard proper persons well cloathed His Standard and other equipage Prince-like In the Van marched four Regiments of Horse seven Colours to a Regiment and in all of the Van about two thousand Their body led by Major General Middleton seven Regiments ten Colours to a Regiment and therein neer seven thousand Some carriages came with them but their compleat will be from Carlisle the only reason of his hasting thither The Rear is brought up by the Earl of Calander with fifteen hundred Additional forces they expect from Major General Monroe of three thousand Scots from Ireland under his Command And for assistance of the English about three thousand now ready to be drawn out into Arms under Langdale in the North. The Scots Declarations are already passed to smooth his passage to the people And being come thus near as Annan he Summons Major General Lambert the Parliaments Northern Commander to this effect Noble sir The Parliament of Scotland upon the imminent danger to Religion his Majesties sacred person and the peace of his Kingdoms from the prevailing power of Sectaries in England did send to the Parliament of England such demands as they conceived necessary and no Answer nor satisfaction therein the danger increasing by Northern Forces drawn to the Borders The Committee of Estates in Scotland have commanded him and other noble Personages his
upon their purses at all times of need The general opinion of the people was never to have other but Uprores and Disorders untill the King were treated with To that end after sundry Petitions from several Counties had led the way The City also exhibit theirs for a personal treaty with the King to be at London Upon which Petition now so seasonable Committees are appointed to Treat That of the Parliament interrogate the Cities What was meant by these words of their Petition Viz. That the King and Parliament may meet and treat with freedom honour and safety according to the Ancient Fundamental constitutions of the Kingdom They Answer Free from force and violence to the King What was meant That the City will defend his Royal person and the Parliament during the Treaty according to the Covenant Answer As much as in us lyeth free from all fear and violence Whether will the City maintain their Guards during the Treaty there Answer They will and after the Treaty refer themselves to the King and Parliament for satisfaction thereof In case the King doe not consent in the Treaty whether the City will engage that the person of the King shall be disposed of by Parliament Answer They in such a case which God forbid will submit to the wisdom of Parliament By what means and in what manner will they make good their Engagement by defending the King and Parliament against all violence Answer As much as in us lyeth by the Trained Bands of the City and Lines of Communication To that end they desire that the Militia of the out places of the City may by the Ordinance of our intire Militia be speedily passed and no other Forces to be made use of within the City That no Forces in Arms may come within thirty miles thereof during the Treaty and that it shall be death for any within the City to make Tumult And desire the Treaty may speedily commence To which consent and engagement the Common Councel men get subscription of the chief of each Parish which was done to purpose But then how long did it last true some two dayes in which time a Rabble of Subscribers to another Petition sang to a contrary tune for which they had thanks but however the Parliament go on and made hast whilst the Officers of the Army were busied abroad The Propositions are ready the fourth of August a seasonable time to hasten them to the King for whilst the General Lieutenant General Major General Commissary General and the most of the chiefest Commanders are abroad in active service others are encouraged thereby and Major Huntington gave in his Narrative to the Lords House why he left the Army complaining against the most eminent Officers and their carriage since the Parliaments Orders to Disband the Army and in relation to Overtures made with the King and concerning the proceedings against the Lords and Commons and Aldermen These were large and being but Complaints not proved we shall forbear Yet Huntington delivered them in upon Oath and had the protection of that House for so doing The Prince of Wales also with his Fleet then in the Downs and in good condition and some bustling by the Prince of Orange for his assistance with Land Souldiers out of Holland gave hopes of success for the King And the Prince writes to the Speaker of the House of Peers not naming the Commons taking notice 〈◊〉 the progress of the Parliament with the King and desires That the Treaty may be in place and manner as may consist with the Kings Honour and safety of his person so that the agreement be not blemished with any face of restraint That the Treaty include the Kingdom of Scotland That during the Treaty there may be a Cessation of Arms and that an orderly moderate subsistance may be agreed upon for all Forces on foot and the Scots Army now in England as may be with the least pressure on the Northern parts And that some course may be taken to give content to his Ships in the Dowâ—s that common Trade be not hindered by them and to discharge the Ships which he hath lately taken into hold And joyntly with these Letters are presented Petitions to the Commons House of the very same nature with the others and have a fair Answer and great thanks The like from the reduced Officers of the Army according to the late desires of the City of London And in Order to the publick effects the Parliament Vote That the Houses desire a Treaty with his Majesties person in what place of the Isle of Wight that he shall appoint upon the Propositions tendered to him at Hampton Court and concerning Wards and Liveries and to treat with Honour Freedom and safety to his person and to the Coâ—missioners of Parliament 2. To receive such other Propositions to be treated on as shall be presented to his Majestie 3. The Commissioners sent with this Message to return in ten dayes The Messengers were the Earl of Middlesex Sir Io. Hepsly and Mr. Bulkley who arrived there Sunday the 6 of Aug. delivering their Votes first to be agreed unto and them for a Treaty The King told them no man desired Peace so much as he in his several Relations as a King a Husband a Father and a Master for who ever gained by these troubles He was like to lose And so without a Secretary he said he would frame an Answer to the Parliament with which the Messengers returned the tenth of August It was thus C. R. If the peace of my Dominions were not much dearer to me then any particular interest whatsoever I had too much reason to take notice of the several Vâ—tes which passed against me and the sad condition I have been in now above these seven moneths But since you my two Houses of Parliament have opened as it seems to me a fair beginning to a happy peace I shall heartily apply my self thereunto and to that end I will as clearly and shortly as I may set you down those things which I conceive necessary to this blessed work so that we together may remove all impediments that may hinder a happy conclusion of this Treaty which with all chearfulâ—ess I doe embrace And to this wished end your selves have laid most excellent grounds for what can I reasonably expect more than to treat with honour Freedom and Safety upon such Propositions as you have or shall present unto me and such as I shall make to you But withall remember that it is the definition not names of things which make them rightly known and that without means to perform no Proposition can take effect And truly my present condition is such that I can no more treat than a blinde man judg of colours or one run a race who hath both his feet fast tied together wherefore my first necessary demand is That you will recall all such Votes and Orders by which people are frighted from coming writing or
speaking freely to me Next that such men of all professions whom I shall send for as of necessary use to me in this Treaty may be admitted to wait upon me In a word that I may be in the same state of freedom I was in when I was last at Hampton-Court And indeed less cannot in any reasonable measure make good those offers which you have made me by your Votâ—s for how can I treat with honour so long as people are terrified with Votes and Orders against coming to speak or write to me And am I honourably treated so long as there is none about me except a â—arber who came now with the Commissioners that ever I named to wait upon me or with freedom untill I may call such unto me of whose services I shall have use in so great and difficult a work And for safety I speak not of my person having no apprehension on that way how can I judge to make a safe and well-grounded peace untill I may know without disguise the true present state of all my Dominions and particularly of all those whose interests are necessarily concerned in the peace of these Kingdoms which leads me naturally to the last necessary demand I shall make for the bringing of this Treaty to a happy end which is That you alone or you and I joyntly doe invite the Scots to send some persons Authorized by them to treat upon such Propositions as they shall make for certainly the publick and necessary Interesse they have in this great settlement is so clearly plain to all the World that I believe no body will deny the necessity of their concurrence in this Treaty in order to a durable peace Wherefore I will only say that as I am King of both nations so I will yeeld to none in either Kingdom for being truly and zealously affected for the good and honour of both my resolution being never to be partial for either to the prejudice of the other Now as to the place because I conceive it to be rather a circumstantial than real part of this Treaty I shall not much insist upon it I name Newport in this Isle yet the fervent zeal I have that a speedy end be put to these unhappy distractions doth force me earnestly to desire you to consider what a great loss of time it will be to treat so far from the body of my two Houses when every small debate of which doubtless there will be many must be transmitted to Westminster before it be concluded And really I think though to some it may seem a Paradox that peoples mindes will be much more apt to settle seeing me treat in or near London then in this Isle because so long as I am here it will never be believed by many that I am really so free as before this Treaty begin I expect to be And so I leave and recommend this point to your serious consideration And thus I have not only fully accepted of the Treaty which you have proposed to me by your Votes of the third of this moneth but also given it all the furtherance that lies in me by demanding the necessary means for the effectual performance thereof All which are so necessary implyed by though not particularly mentioned in your Votes as I can no wayes doubt of your readie compliance with me herein I have now no more to say but to conjure you by all that is dear to Christians honest men or good Patriots that ye will make all the expedition possible to begin this happie work by hasting down your Commissioners fullie Authorized and well instructed and by enabling me as I have shewed you to treat praying the God of peace so to bless our endeavours that all my Dominions may speedily enjoy a safe and well-grounded peace Caresbrook Castle 16. Aug. 1648. Charles R. For the Speaker of the Lords House pro tempore to be communicated to the Lords and Commons in the Parliament of England at Westminster Here we see the Commissioners of Scotland are not to be communicated for they dissent And the King desired two of his Chaplains might be allowed to attend him which were appointed viz. Doctor Sheldon and Doctor Hamond Upon Debate of the Kings Answer the Lords Vote That the Votes of non addresse to the King be recalled That such persons as he shall send for as necessary to him in the Treaty be admitted And that he be in the state of freedom as at Hampton-Court with such servants as he desires That the Treaty be at Newport That the Scots be invited to treat with his Majesty upon the Propositions of both Kingdoms delivered to him at Hampton-Court That his Majesty be admitted to invite the Scots thereto That the Instructions of Parliament to Colonel Hamond be recalled That five Lords and ten Commons be chosen Commissioners to treat with the King That it be referred to a Committee of Lords and Commons for peace to prepare all things in readiness hereto To all those the Commons agree with this Proviso That the King invite the Scots to treat only concerning that Kingdom And these Votes were sent to the King who returns Answer My Lord and Mr. Speaker I have received your Letter of the 25. present and Votes which though not so full as I could wish for the perfecting of a Treaty yet because I perceive by what you have done that I am in some measure fit to begin one Such is my incessant and earnest desire to give a peace to these my now distracted Dominions as I accept the Treaty and therefore desire that such five Lords and ten Commons as my two Houses shall appoint be speedily sent fully Authorized and instructed to treat with me not doubting but what is now wanting will at our meeting upon debate be fully supplyed not only to the furtherance of this Treaty but also to the consummating of a safe and well-grounded Peace So I rest your friend Charles Rex I have sent you inclosed the List you desired and wish that according to one of your Votes you would send me a Pass for Parsons a Messenger of my Presence Chamber to go to Scotland and to receive his dispatch from me Carisbrook 28. August The List inclosed names these which I mention for the honour they had in their Masters esteem Gentlemen of my Bed-chamber Duke of Richmond Marquess Hartford the Earls of Lindsey and Southampton Grooms of my Bed-chamber George Kirke Iames Leviston Wil. Murrey Iohn Ashburnham Wil. Legg Barber Tho. Davis Pages of my back staris Hugh Hern Humphery Rogers Wil. Levit. Yeomen of my Robes Revet Queries with four or six Footmen as they shall finde fittest to wait Mr. Ro. Ternhit Mr. Io. Hensden Mrs Laundreâ—s with her Maid-servants A Groom of my Presence Parsons to wait as they did or as I shall appoint them these Sir Foâ—lk Greenvil Captain Tytus Captain Burroughs Mr. Cresset Mr. Hansted Firebrace Chaplains the Bishop of London Bishop of Salisbury Doctors
Ormond was arrived in Irelaâ—d with the Kings Commission and dignified with the Title of Deputy to establish a common peace on the best terms he might and so might raise Arms and deliver the King out of Prison The Commissioners therefore are directed to require the King to recall Ormonds Commission and annull his Authority And this is Answered also amongst the Propositions hereafter This while the transactions are reported to the Parliament by piece-meal where such as were averse to peace carp at all particulars unless they were assented to in their own terms yet at last the King unlookt for grants many things And first to the Preamble he hardly and not without caution assents with this That nothing in the Treaty should be taken for granted unless upon a full agreement in all things 1. The King assents to the first Proposition for the calling in of Declarations 3. To the third touching the Militia 4. Touching the Government of Ireland 5. Touching publick payments provided that those debts be audited and ascertained within two years 6. For nulling all Titles of Honour 8. Touching the chief Magistrates of the Kingdom 9. Touching the great Seal 10. Touching the Priviledges of London 11. Touching the Court of Wards Provided that one hundred thousand pounds be yearly paid by way of compensation Secondly He assents to all the Articles of the second Proposition except only one touching Bishops and their Revenues yet not altogether wanting to the desires of the Parliament for whatsoever did appear not to have clearly proceeded from divine Institution he gives way to be totally abolished and so the dignity of Arch-Bishops to fall Episcopal Jurisdiction also viz. of exercizing Ecclesiastical Discipline or Gubernation he suffers to be taken away but not likewise the power of Ordination standing in the right of ordaining Priests and Deacons as being Apostolical But at length hoping the Members would agree to him in other things he condescends that the Office of Ordination for three years should not be exercised by the Bishops without the assent of the Presbytery yet to be suspended untill by twenty Divines of his own nomination consulting with the Synod some thing of certainty should be determined touching Ecclesiastical Government whereto together with the Parliament he promiseth to consent In the mean time that Presbytery be setled for experiment sake he doth not much gain-stand The Bishops Lands and Revenues he affrighted with the horrour of Sacriledge would not suffer to be sold and alienated from the Church yet he would permit them to be let out for 99 years paying a small price yearly in testimony of their hereditary right and for maintenance of the Bishops Provided that after this term be expired they return to the right of the Crown to be imployed or to the use of the Church In the interim determining with himself being redeemed by their own Revenues to return thence for Ecclesiastical uses The seventh Proposition touching Delinquents in his own dangers not unmindful of his friends he could not confirm but condescends 1. That moderate pecuniary fines be imposed on them 2. That they be prohibited access to the King and Court that some of them be banished the Kingdom but not under the brand of Treason nor with loss of life and possessions but with a pecuniary Mulct to be awarded in case they should do otherwise 3. That they be deprived for three years of their right of sitting in the Parliament 4. That they be brought to trial if the Parliament think fit and if they have committed ought against the established Laws of England that they suffer according to their deserts Nevertheless he was contented to grant the other Articles of the same Proposition with this salvo if so be such of the Clergy as were honest learned and free from scandal might enjoy the third part of their Benefices And that such might not be wholly put by the Office Preaching The Authority committed to Ormond in that instant when he was delivered into custody the King cannot recall unless the Houses and he agree in other matters if this come to pass then according to his Concessions to the fourth Proposition he will be conâ—ent the Irish affairs be managed according to the discretion of thâ— Houses only In the mean time he writes Letters to Ormond to act nothing in the execution of that power as long as the Treaty or any hopes of peace lasted During the Treaty that the King might feel the pulse of the Members how they stood affected to him He exhibits Proposals equal he conceived in Conscience and for the publick good to be transmitted to the Parliament 〈◊〉 That he may have liberty to reside in London or in whatsoever of his own Houses and act at a nearer distance with the Parliament with Freedom Honour and safety The which demand the Propositions conceded the Parliament engage should be granted him but having first tasted the palate of the Citizens and been encouraged by the subscriptions of many the ablest Citizens but of worst affections Secondly The King demands He may receive all the Revenues and Emoluments of the Crown Thirdly That he may receive a compensation for the lawful Rights which the Parliament shall think fit to abolish These likewise the Houses consented unto Fourthly That an Act of Amneâ—ie or Oblivion be passed the very means of all traverses which happened in the heat of War may be utterly deleted This Demand they liked not but with cautely and limitations by the benefit whereof the Parliament might persecute many of the Royallists In fine most things were accommodated beyond expectation the Commissioners promised the King also the peace which they fancied supposing belike that the Houses would something recede from their rigid demands for indeed the King upon the matter of his Concessions had almost quitted the Rule of both his Kingdoms England and Ireland And in truth the hopes of almost all good men were thereto had not Factious persons choaked the wished fruit of that Treaty and given a check to peace ready to cement For concerning the Church the Kings Concessions had brought things into so narrow a compass that the chief visible obstruction is that wherein really in conscience he is not satisfied and yet hopes that time and debate may happily reconcile these small differences And if his Parliament shall not think fit to recede from the strictness of their demands in these particulars He can with more comfort cast himself upon his Saviours goodness to support and defend him from all afflictions that may befall him rather 〈◊〉 for any politick consideration which may seem to be a means â—o restore him to deprive himself of the inward tranquillity of a quiet mind wherefore as to these and others before mentioned particulars he adheres to his former Answers and hopes that his Reasonâ— will sufficiently satisfie 20. Novem. These Reasons were referred to the Ministers Assistants 〈◊〉 Commissioners Mr. Marshal Mr. Vines Mr. Carrol and Mr
Seyman which held a weeks debate and being very prolix we shall refer the Reader to the Papers on each particular then set forth by the Kings friends and since imprinted and bound up together with other Writings and Papers of the Kings annexed to his Eikon Basilike where the dispute is set out at large But the time limited in the Treaty being now consummaâ—â— the Commissioners return and make their report to the Parliament of the Kings Concessions no waies answerable to their desires and so are voted unsatisfactory And at an instand Hamond renders up the charge of the Kings person to Col. Ewers as hereafter And whilst the Treaty is likely to conclude in peace the Commanders of the Army seem to entertain the hopes with gladness and profess That they will obey the Acts of the Houses that publick peace will be welcom to them above others that being free from the toyls of War they might settle their own private affairs and after the end of their tedious labours sit down to rest But what ere they said their intermingled friends in the Houses advizing some Commanders and common Souldiers hold meetings and frame Petitions That the Treaty with the King might be broken off and punishment on all without distinction glancing at the Kings person the Enemies of the Common-wealth and these are Printed and dispersed and which taking flame the Souldiers Rendezvouz near London to frighten their adverse party and a Remonstrance is conceiving by an able pen-man who under colour of dislike with the General takes time in private for the present only to frame a large Remonstrance of the Army But to usher it in with County Petitions 〈…〉 most pertinent from thousands of the County of Leicester minding the Parliament in this time of Treaty of two Declarations the one from the Assembly of Scotland charging the King with spilling of the bloud of many thousands in his three Kingdoms And the other Declaration of Parliament An. 1647. wherein they give Reasons of their no further address to the King and speak as high as these of Scotland they add also the Houses Answer to the Scots Commissioners Papers 1647. All which have made their hearts to tremble expecting with amazement what satisfaction they may have to these loud cryings and Heaven-provoking crimes viz. The death of his Father betraying Rochel the Spanish Fleet with an Army in it Proclamations to cry down Parliaments his correspondency with Rome the private Articles of his marriage his Commissions to the Rebels in Ireland his violent attempt upon his House of Commons inviting Foreigners to enslave the three Nations his proclaiming the Parliament of England Rebels the designed bloody Massacre in London by his Commission his destructive principle of yielding accompt to none but God his inviting over of the Irish Rebels to subdue this Parliament and such like together with this eight years misâ—ries of these three Kingdoms And that these are but a few of the many Reasons why they cannot repose any more trust in him And pray that proceedings against him may be accordingly least they build their peace upon ruined foundations that they may neither fear Treating with him nor trusting him with great and weighty affairs of the three Kingdoms And conclude as most charitable and Christian that speedy justice be executed on all prisoners the Parliaments Enemies And had thanks for this Petition But the Tide began to turn in October whilst they were Treating for now we are almost at quiet abroad and the Army at leisure Insurrections calmed Garrisons in opposition surrendred Scotland inâ—aders overcome the two Kingdoms brought in confederacy in Arms. And the House of Commons bethinks of raising vast sums for composition of Delinquents and accessaries in the late Insurrections and in executing such persons prisoners as are fitted for Justice To which eâ—d they have Petitions from the Mayor Aldermen and Common Council of London and the like unchristian charity from the prayers and Preachings of the Presbyterian and accordingly the Parliament proceed They begin with the Earl of Norwich and the Lord Capell as to impeaching them of Treason and Rebellion who Petitioned the House of Lords with the sense of their condition and of the quarter consented unto by the General Fairfax at the Surrender of Colchâ—ster The Lords send to the Commons assuring them that by the Generals Letter to them all others were to have quarter after some were shot to deaâ—â— And upon great debate the Houses were fain to desire the General to explain his Letter of the 29. of Septem He was now at his Head Quarters at St. Albans and long after they had this Answer The General does not take upon him to conclude but stating the business leaves them to the Civil power and so in effect to tâ—yal for life But ere they had Answer they are troubled at a demand of the Army for present payment of their Arrears amounting to the sum of three hundred fourteen thousand three hundred fifty one pounds and five pence whereof near fifty thousand pounds is due from the City of London Besides one hundred thousand pounds to be advanced in part of the Arrears due to the reduced Officers and Souldiers in a List remaining in the House of Commons and the debate was whether the new Sequestrations in the County of Essex should be exempted from being part of the money assigned for this purpose and conclude in the Negative This made a hubbub over all England the reduced Officers of all Counties are coming up to London under pretence for their Arrears The Parliament bustle how to avoid the inconvenience and declare That the Houses are upon passing an Ordinance for their satisfaction and that their coming up to London will much impede this and other the great affairs of the Kingdom and therefore they are commanded to forbear upon that or any pretence whatsoever and so had an Ordinance passed for payment of 23000. l. part of their Arrears 9. October The Courts of Westminster Hall were thin and were to be filled with Judges And in order thereto a new call of Serjeants at Law Out of Greyes Inn thâ—se to be Serjeants Sir Tho. Widdrington Sir Tho. Bednifield Mr. Kebble Mr. Thorpe and Mr. Bradshaw Out of Lincâ—lns Inn Mr. Sollicitor St. Iohn Mr. Sam. Brown Mr. Recorder Glyn and Mr Erle Out of the Middle-Temple Mr. Whitlock Mr. Coniers Mr. Puleston Out of the Inner-Temple Mr. Chapman Mr. Gales and Mr. Will. Littleton And not long after were called Will. Powel Io. Clark Iohn Elcontread Ro. Nichols Io. Parker and Rob. Barnard and were made Serjeants at Law Serjeant Roll is to be chief Justice of the Kings Bench Iermin and Brown Justices there Mr. Sollicitor chief Justice of the Common-pleas Sir Tho. Bedingfield and Creswel Justices there Serjeant Wild chief Baron of the Exchequer Mr. Gates a Baron there Mr. Whitlock Atturney Gen. of the Dutchy Mr. Prideaux Sollicitor Gen. Mr. Widrington one of the Kings Serjeants
declaring the Kings Concessions to be a ground for settlement of a peace notwithstanding the visible defects of them in the Essentials concerning the liberties of the Kingdom c. And â—herefore desire that all such faithful Members who are innocent will protest against the said Votes by publick Declaration and the rest to be expelled the House that so the well-affected may proceed to set a short period to your own power to provide for a speedy succession of equal Representatives according to the Armies late Remonstrance But as we said the Parliament adjourning till this Munday 11. Decem. and not sitting that day neither the Army Dâ—clare a new Representative which they call an Agreement of the people for future Government of the Nation to be subscribed by all the people The Preamble whereof was in effect We having by our late labours made it appear at what rate we value our freedom and God owning our cause hath delivered our enemies into our hands we ought as bound in mutual duty to each other to avoid the danger of returning into a slavish condition and another chargeable war so that when our common rights shall be cleared their endeavours will be disappointed that seek to be our Masters Our troubles having been occasioned either by want of National meetings in Councel by the undue or unequal constitution thereâ—f or by rendring those meetings uneffectual And therefore we are agreed to provide that hereafter our Representatives be neither undertain for time nor unequally constituted nor be made useless to the end for which they are intended In order hereunto they declare That this Parliament be dissolved the last of April next The Representatives of the whole Nation to consist of three hundred persons The Manner of the eleâ—tion they propound 1. That the Electors be Natives such as have subscribed this agreement such as are assessed for the relief of the poor men of 21. years of age and House-keepers in that Division and for seven years no person that hath adhered to the King or shall oppose this agreement or not subscribe hereto shall have voice in Election 2. That after 14. years such persons may be elected that have voice in Elections and for the present none shall be Eligible who have not voluntarily assisted against the King either before June 1645. or in money Plate or Arms lâ—nt upon the Propositions May 1643. or have abetted the treasonable design in London 1647. or who declared for a Cessation of Arms with the Scots or ingaged in the last Summers Wars against the Parliament 3. That whoever is incapable by the former Rules and yet shall Vote in Elections or sit in Representative shall lose the moity of his Estate he having above 50. l. and if under then three moneths imprisonment And if any oppose the Elections then to lose his whole Estate or a years imprisonment if under 50. l. per an 4. That 150. Members at least shall make an Act of Law And these shall within twenty dayes after their first sitting appoint a Câ—uncil of State to continue untill the second Representative and the Council to Act as they shall direct by instructions 5. That no Officer of State Treasurer or Receiver while such shall be a Representative 6. No Lawyer shall practice whilst he is of any Representative or Council of State 7. That the Representative only without the consent of any other person shall Enact Alter Repeal and declare any Laws to the erecting and abolishing of Officers of Courts of Iustice but with these Exceptions following Not to compel tender Consciences in matters of Religion or Worship No person to be impressed to Serve in War by Land or Sea No person after the dissolution of this present Parliament shall be questioned concerning the late War otherwise then in execution or pursuance of the determination of the present House of Commons against such as have adhered to the King and also Accomptants for money That all manner of persons be subject to the publick Laws and such as have now priviledge shall be nulled and none priviledged hereafter That the Representatives meddle not with the execution of Laws not give Judgement upon any mans person That no Representative shall take away Common Right or Level mens Estates destroy proprieties or make all things common 8. That the Council of State in case of danger may summon a Representative for a Session of fourty daies and to dissolve two moneths before the next appointed Representative 9. The publick faith of the Nation shall be made good save that the next Representative may continue or Null all gifts of money made by the present House of Commâ—ns to themselves or any Lords 10. If any Officer or Leader in any Army or Garrison shall resist the Orders of any Representative shall forthwith lose the protection of the Law and dye without mercy The House moulded as others would have it yet many of the Members could not digest the Choake-paer Proposals Declaration Engagement Agreements but somewhat must be done they debate that point of Proposal of the eleven Members formerly put out and since re-admitted and to please the Army Vote and un-vote and conclude of these Votes now That the Votes of 3. Jan. 1647. for revoking the Order of 9. Septem 1647. for disabling Com. Copley to be a Member is of dangerous consequence and is hereby repealed That the receiving the other ten Members was unparliamentary and is therefore Null That the Vote of 30. June 1648. for the opening away to the Treaty with the King be Null That the Vote of 3. of Jan. 1647 forbidding all address to the King to be taken off was aparantly destructive to the Kingdom Divers of the proscribed Members were made Prisoners as Brown Clotworthy Waller Massey Copley to St. Jame's And now both Houses Vote no Address to be made to the King nor Message from him upon pain of Treason And that the Vote of 28 July to Treat with the â—ing was destructive to the Kingdom The King in a very sad condition by his stricter imprisonment in Hurst Castle and hearing of these Votes prepares his Solâ—loquies for comfort in death meditating thereon in these words As I have leasure enough saies the King so I have cause more then enough to meditate upon and prepare for my death for I know there are but a few steps between the Prisons and the Graves of Princes It is Gods indulgence which gives me the space but mans cruelty that gives me the sad occasions for these thoughts For besides the common but then of mortality which lies upon me as a man I now bear the heavy load of other mens ambitions fears jealousies and cruel passions whose envy or enmity against me maâ—es their own lives seem dâ—adly to them while I enjoy any part of mine I thank God my prosperity made me not wholly a stranger to the contemplations of mortality Those are never unseasonable since this is alwaies uncertain death being
an eclipse which oft happeneth as well in clear as cloudy daies But my now long and sharp adversity hath so reconciled in me those natural Antipathies between Life and Death which are in all men that I thank God the common terrors of it are dispelled and the special horror of it as to my particular much allaied for although my death at present may justly be represented to me with all those terrible aggravations which the policy of cruel and implacable enemies can put upon it affairs being drawn to the very dregs of malice yet I bless God I can look upon all those stings as unpoisonous though sharp since my Redeemer hath either pulled them out or given me the Antidote of his death against them which as to immaturity unjustice shame scorn and cruelty of exceeded whatever I can fear Indeed I never did finde so much the life of Religion the feast of a good conscience and the brazen wall of a judicious integritie and constancie as since I came to these closer conflicts with the thoughts of death I am not so old as to be weary of life nor I hope so bad as to be either afraid to dye or ashamed to live true I am so afflicted as might make me sometime even desire to dye if I did not consider That it is the greatest glory of a Christian's life to die daily in conquering by a lively faith and patient hopes of a better life those partial and quotidian deaths which kill vs as it were by piece-meals and make us over-live our Fates while we are deprived of health honour liberty power credit safety or estate and those other comforts of dearest relations which are â—s the life of our lives Though as a KING I think my self to live in nothing temporal so much as in the love and good will of my people for which as I have suffered many deaths so I hope I am not in that point as yet wholly dead notwithstanding my enemies have used all the poisâ—n of falsitie and violence of hostility to destroy first the love and Loyalty which is in my Subjects and then all that content of life in me which from these I chiefly enjoyed Indeed they have left me but little of life and only the husk and shell as it were which their further malice and cruelty can take from me having berâ—aved me of all those worldly comforts for which life it self seems desirable to men But O my Soul think not that life too long or tedious wherein God gives thee any opportunities if not to doe yet to suffer with such Christian patience and magnanimity in a good cause as are the greatest honour of our lives and best improvement of our deaths I know that in point of true Christian valour it argues pusillanimity to desire to die out of wearineâ—â—â— of life and a want of that Heroick greatness of spirit which bâ—comes a Christian in the patient and generous susteining those afflictions which as shadows necessarily attend us while we are in this body and which are lessened or enlarged as the Sun of our prosperity moves higher or lower whose total absence is best recompensed with the dew of Heaven The assaults of affliction may be terrible like Sampsons Lion but they yeeld much sweetness to those that dare to encounter and overcome them who know how to overlive the witherings of their Gourds without discontent or peevishness while they may yet converse with God That I must die as a man is certain that I may dye a King by the hands of mine own Subjects a violent sudden and barbarous death in the strength of my years in the mid'st of my Kingdoms my Friends and loving Subjects being helpless Spectators my Enemies insolent Revilers and triumphers over me living dying and dead is so probable in humane reason that hath God taught me not to hope otherwise as to mans cruelty however I despair not of God's infinite mercy I know my life is the object of the Devils and wicked mens malice but yet under Gods sole custody and disposal Whom I do not think to flatter for longer life by seeming prepared to die but I humbly desire to depend upon him and to submit to his will both in life and death in what order soever he is pleased to lay them out to me I confess it is not easie for me to contend with those many horrors of death wherewith God suffers me to be tempted which are equally horrid either in the suddeness of a barbarous Assination or in those greater formalities whereby my Enemies being more solemly cruel will it may be seek to add as those did who crucified Christ the mockerie of Justice to the cruelty of malice that I may be destroyed as with greater pomp and artifice so with less pitty it will be but a necessary policy to make my death appear as an Act of Justice done by Subjects upon their Soveraign who know that no Law of God or man invests them with any power of Judicature without me much less against me and who being sworn and bound by all that is sacred before God and man to endeavour my preservation must pretend Justice to cover their perjury Iâ— is indeed a sad fate for any man to have his Enemies to be acâ—â—â—ers parties and judges but most desperate when this is acted by the insolence of Subjects against their Sovereign wherein those who have had the chiefest hand and are most guilty of contriving the publick troubles must by shedding my blood seem to wash their own hands of that innocent blood whereof they are now most evidently guilty before 〈◊〉 and man and I believe in their own consciences too while they carried on unreasonable demands first by Tumults after by Armies Nothing makes mean spirits more cowardly cruel in managing their usurped power against their lawful Superiours then this the Guilt of their unjust usurpation notwithstanding those specious and popular pretensions of Justice against delinquents applied only to disguise at first the monstrousness of their designs who despaired indeed of possessing the power and profits of the Vineyard till the heir whose right it is be cast and slain With them my greatest fault must be that I would not either destroy my self with the Church and State by my word or not suffer them to do it unresisted by the Sword whose covetous ambition no Concessions of mine could ever yet either satisfie or abate Nor is it likely they will ever think that Kingdom of brambles which some men seek to erect at once weak sharp and fruitless either to God or man is like to thrive till watered with the Royal blood of those whose right the Kingdom is Well God's will be done I doubt not but my innocency will finde him both my Protector and my Advocate who is my only Judge whom I own as King of Kings not only for the Eminency of his power and Majesty above them but also for that singular care and protection which he
up and Anarchy goes down yet rather then to sink the Presbyter complies and the Houses agree whom the Army resolve so to ballance as by their Authority for the present to doe the great work and to dissolve Monarchy Some Members out of honour and conscience forbearing the rest of them receive the Report of the 38. Committee-men and their general Charge against the King That Charls Stuart hath acted contrary to his trust in departing from the Parliament setting up his standard making war against them and thereby been the occasion of much bloudshed and misery to the people whom he was set over for good That he gave Commissions to Irish Rebels c. and since was occasion of a second War c. besides what done contrary to the Liberties of the Subject and tending to the destruction of the Fundamental Laws and Liberties of the Kingdom 27. December The Queen of England now at Paris in France writes to the King which was conveyed to him by one Wheeler imployed by Major Boswels man where the Queen expresseth her deep sence and sorrow for the Kings sad condition with whom she bears an equal share and wishes to dye for him nor will she live without him for whose interest she hath and will doe her utmost in all possible waies and means to help him Then another Letter was delivered by the French Ambassador to the General from the Queen and directed To her trusty and welbeloved Tho. Lord Fairfax General imploring his help and assistance that she may have leave as the Ambassador unfolded to come over to the King her Husband to see him before he be proceeded against by any Tryal or Charge and to have a Pass for her secure coming and returning which letter the General sent to the House and they laid it aside And to confirm the present intended Tryal the Commons House declare That by the Fundamental Laws of the Realm it is Treason in the King of England for the time to come to levy War against the Parliament and Kingdom The Ordinance for the Kings tryal was refused by the Lords Ian. 2. but they will send answer and presently adjourn for ten daies The Commons examining the Lords Journal Books finde three Votes 1. To send an Answer 2. That their Lordships do not concur to the Declaration 3. That their Lordships reject the Ordinance for tryal of the King Upon which the Commons Vote That all Members and others appointed to act in any Ordinance are impowred and injoyned to Sit Act and Execute notwithstanding the House of Peers joyn not with them The House 4. Ianuary turned into a grant Committee resolve and declare 1. That the People under God are the Original of all just power 2. That the Commons of England assembled in Parliament being chosen by and representing the People have the Supream Authority of this Nation 3. That whatsoever is enacted and declared for Law by the Commons of England assembled in Parliament hath the force of a Law 4. That all the people of this Nation are included thereby although the consent and concurrance of the King and House of Peers be not had thereunto 5. That to raise Arms against the Peoples Representative or Parliament and to make War upon them is high Treason 6. That the King himself took Arms against the Parliament and on that account in guilty of the bloodshed throughout the Civil War and that he ought to expiate the crime with his own bloud Thus they prepare for the design which must be attempted by degrees The Tryal of the King The Ordinance for his Tryal was 6. Ian. ingrossed and read and the manner is referred to the Commissioners who are to try him and meet in the Painted Chamber Munday 8. Ianuary and resolved that Proclamation be made in Westminster Hall that the Commissioners are to sit again to morrow and that those who had any thing to say against the King shall be heard In this manner Mr. Denby the younger a Serjeant at Arms to the Commissioners rid into the Hall with his Mace and some Officers all bare six Trumpetters on Horseback sounded in the midst of the Hall and the Drums of the Guard beat without in the Pallace Yard and in like manner at the Old Exchange and in Cheapside 9. Ian. The Commons Vote the Title in Writs Carolus Dei Gratiâ c. to be altered and referred to a Committee That the great Seal of England be broken and ordered a new Seal with the Arms of England and the Harp for Ireland with this word The great Seal of England And on the reverse the picture of the House of Commons sitting with these words In the first year of freedom by Gods blessing restored 1648. And in perpetuam rei memoriam the Mayor Aldermen and Common Council petitioned the House of Commons for justice against the King to settle the Votes that the Supreme power is in them and the City resolving to stand by them to the utmost And this Petition was ordered to be Recorded in the Books amongst the Acts of the Common Council And in respect of the Kings intended Tryal Hillary Term begining the 23. of Ian. was adjourned for 14. dayes after and proclaimed in London and Westminster and all Market Towns The Scots Parliament began Ianu. 4. and the proceedings of the Parliament of England being reported to them they unanimously did dissent First in the toleration of Religion in reference to the Covenant in the Tryal of the King and in the alteration of the form of Government And in order hereunto some Papers were brought to the House of Commons at Westminster directed To William Lenthal Esquire Speaker of the House of Commons and no more where they use to say to be communicated to the House of Commons by which they acknowledge them an House and so the House thought not fit to read them but Voted to send Commissioners to Scotland to preserve a good correspondence between both Nations The Commissioners for the Kings Trial debated and concluded That the Sword and the Mace although with the Kings Arms thereon should be ordered to be in Court at his Tryal And the King to be brought from St. Iame's whither he was come a prisoner to Sir Robert Cottons House at Westminster The Higher House sat and sent a Message to the Commons grounded upon the dissent of the Lords Commissioners of the great Seal joyned with the Commons That they could not agree to pass the Act of the Commons for adjourning the Term without the Lords concurrence first to be had And that by the instructions given to the said Commissioners the Commons Commissioners could do nothing without assent of one of the Lords The Message therefore was to the Commons to concur with the Lords for adjourning the Term for a fortnight and that the Commissioners of the great Seal may be required to passe the same under seal This Massage crossed the Commons late Votes
things fitted for to morrow Saturday 20. of Ian. the King is brought from St. Iames's through the Park in a Sedan to White-hall thence by water with Guards to Sir Iohn Cottons House at the back end of Westminster Hall The Judges met in the Painted Chamber attending the President Bradshaw in his Scarlet Robe the Sword born before him by Colonel Humphrey the Mace by Serjeant Denby the younger and twenty men for his Guard with Partizans Himself sits down in a Crimson Velvet Chair of State fixed in the midst of the Court with a Desk before him and thereon a Cushion of Crimson Velvet The seats of each side Benches covered with Scarlet cloth all of bloudy colours for the Tryers the Partizans divided themselves on each side O yes and silence made the great Gate of the Hall was set open for any to enter Col. Thomson was commanded to bring forth the prisoner who was with twenty Partizans and other Guards The Serjeant with his Mace receives him to the Bar where was placed a red Velvet Chair The King looks sternly upon the Court and up to the Galleries and then sits down not shewing the least regard to the Court but presently rises up and looks downâ—ards on the guards and on the multitude of people spectators The Act of Parliament for the Trying of Charls Stuart King of England was read over by the Clerk one Phelps who â—at on the right side of the Table covered with a Turkey Carpet placed at the feet of the President upon which lay the Sword and Mace The several names in the Roll of the Tryers were called over and 80. answered to their names In the charge the King is accused in the name of the people of England of Treason Tyranny of all the murders and rapines that had happened in the war many things being added for aggravation they repose all the vveight of the accusation on this That he raised war against the Parliament A vast number of people looking on vvith groans and sighs deploring the miserable condition of their good King The President stood up and said Sir You have heard your Charge containing such matters as appears in it and in the close it is prayed that you Answer to your Charge which this Court expects The King vvhilst he heard the Charge vvith countenance of Majesty and at some passages vvith a brovv of scornefull smile and novv in ansvver to the President asks these nevv Judges By what Authority they did bring to Tryal a King their most rightful Sovereign against the publick Faith so lately given him when he commenced Treaty with the Members of both Houses By what saies he emphatically Lawful Authority for said he I am not ignorant that there are on foot every where very many unlawful powers as of Theeves and Robbers in the High way he bids them only declare by what Authority they had arrogated this what-soever-power to themselves and he would willingly answer to the things objected Which if they could not he adviseth them to avert the grievous crimes from their own heads and the Kingdom Whatsoever they did he was resolved not to betray the Charge committed by God and confirmed by ancient descent The President rejoyns That he was called to account by Authority of the people of England by whose Election he was admitted King The King replyes The Kingdom descended to him in no wise Elective but Hereditary for above a thousand years That he stood more apparantly for the Liberties of the people of England by refusing an unlawful and urbitrary Authority then the Iudges or any other whosoever by asserting it That the Authority and power of the people was shewed in Parliamentary Assemblies but that here appeared none of the Lords who to the constituting of a Parl ought to be there and which is more some King ought to be there present but that neither the one nor the other nor both the Parliament Houses nor any other Iudicature on earth had any Authority to call the King of England to account much less some certain Iudges chosen only by his accusers masked with the Authority of the Lower House and the same proculcated Howbeit he wills them again they would at least-wise produce this their Authority and he would not be wanting to his defence forasmuch as it was the same offence with him to acknowledge a Tyrannical power as to resist a lawful one The President often interrupting the Kings speech told him That they were satisfied with their Authority as it is upon Gods Authority and the Kingdoms in doing of Iustice this their present work To which the King replyed That it was not his own apprehension nor theirs neither that ought to decide it And so the President commanded the prisoner to be taken into custody and so the Court adjourned till Munday next 22. Ianu. to the Painted Chamber and from thence to the same place again and the King returned in the manner as before to St. Iames's Munday the Court met in the Painted Chamber and considering the Kings Resolution to deny ther Jurisdiction and Judicature They resolve that he should not be suffered to argue either the Courts Jurisdiction or that which did constitute it of which debate they had no proper Cognizance nor could they being a derivative power which made them Judges from which there was no appeal And therefore with that distinction they Order That if the King offer to dispute the same again the President shall tell him that the Commons of England assembled in Parliament have constituted this Court whose power may not be permitted to be disputed by him That if he refuse to answer it shall be recounted a contumacie to the Court That if he answer with a salvo his pretended Prerogative above the Court He shall be required to answer positive yea or no. That he shall not have a Copy of his Charge till he own the Court and declare his intentions to answer This concluded they assemble in Westminster Hall and the King called for and brought to the Bar in the same manner and with much contumacy as the other day when the Sollicitor Cook moves that the Prisoner may make a positive answer or that the Charge may be taken pro confesso and the Court to proceed to Justice The President repeats in brief the passages of the last day and commands the King to Answer to the Articles of his Charge unless he had rather hear the Capital Sentence against him The King persists to interrogate concerning their Authority and saies That he less regards his Life then his Honour his Conscience the Laws the Liberties of the people all which that they should not perish together there were weighty Reasons why he could not prosecute his defence before the Iudges and acknowledge a new form of Iudicature for what power had ever any Iudges to erect a Iudicature against their King or by what Laws was it granted surely not by Gods Laws
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 pâ—â—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 difâ—idence of your own judgment which is likely to be alwaies more constant and impartial to the interests of your Crown and Kingdom then any mans Next beware of exasperating any Factions by the crosness and asperity of some mens passions humours or private opinions imployed by you grounded only upon the differences in lesser matters which are but the Skirts and Suburbs of Religion Wherein a charitable connivence and Christian toleration often dissipates their strength whom rougher opposition fortifies and puts the despised and oppressed Party into such combinations as may most enable them to get a full revenge on those they count their persecutors who are commonly assisted by that vulgar commiseration which attends all that are said to suffer under the notion of Religion Provided the differences amount not to an insolent opposition of Laws and Government or Religion established as to the essentials of them Such motions and minings are intolerable Alwaies keep up solid Piety and those fundamental truths which mend both hearts and lives of men with impartial favor and justice Take heed that outward circumstances and formalities of Religion devour not all or the best encouragements of learning industry and piety but with an equal eye and impartial hand distribute favours and rewards to all men as you finde them for their real goodness both in abilities and fidelity worthy and capable of them This will be sure to gain you the hearts of the best and the most too who though they be not good themselves yet are glad to see the severer wayes of vertue at any time sweetned by temporal rewards I have you see conflicted with different and opposite Factions for so I must needs call and count all those that act not in any conformity to the Laws established in Church and State no sooner have they by force subdued what they counted their common enemie that is all those that adhered to the Laws and to me and are secured from that fear but they
when once they have fully shaken off this yoke of vulgar incroachment since the publick interest consists in the mutual and common good both of Prince and people Nothing can be more happy for all then in fair grave and honourable waies to contribute their Counsels in Common enacting all things by publick consent without Tyranny or Tumults We must not starve our selves because some have surfeited of wholsome food And if neither I nor you be ever restored to our Right but God in his severest Iustice will punish my Subjects with continuance in their sin and suffer them to be deluded with the prosperity of their wickedness I hope God will give me and you that grace which will teach and enable us to want as well as to wear a Crown which is not worth taking up or enjoying upon sordid dishonourable and irreligious terms Keep you to true principles of piety vertue and honour you shall never want a Kingdom A principal point of your honour will consist in your deferring 〈◊〉 respect love and protection to your Mother my Wife who hath many waies deserved well of me and chiefly in this that having been a means to bless me with so many hopeful Children all which with their Mother I recommend to your love and care shee hath been content with incomparable magnanimity and patience to suffer both for and with me and you My prayer to God Almighty is whatever becomes of me who am I thank God wrapt up and fortified in my own Innocency and his Grace that he would be pleased to make you an Anchor or Harbour rather to these tossed and weather-beaten Kingdoms a Repairer by your wisdom justice piety valour of what the folly and wickedness of some men have so far ruined as to leave nothing entire in Church or State to the Crown the Nobility the Clergie or the Commons either as to Laws Liberties Estates Order Honour Conscience or Lives When they have destroyed me for I know not how far God may permit the malice and cruelty of my enemies to proceed and such apprehensions some mens words and actions have already given me as I doubt not but my bloud will cry aloud for vengence to heaven So I beseech God not to pour out his wrath upon the generality of the people who have either deserted me or engaged against me through the Artifice and hypocrisie of their Leaders whose inward horrour will be their first tormentor nor will they escape exemplary judgments For those that loved me I pray God they may have no miss of me when I am gon so much I wish and hope that all good Subjects may be satisfied with the blessings of your presence and virtues For those that repent of any defects in their duty toward me as I freely forgive them in the word of a Christian King so I believe you will finde them truly zealous to repay with interest that Loyalty and Love to you which was due to me In sum what good I intended do you perform when God shall give you power much good I have offered more I purposed to Church and State if times had been capable of it The deception will soon vanish and the vizards will fall off apace This Mask of Religion on the face of Rebellion for so it now plainly appears since my restraint and cruel usage that they fought not for me as was pretended will not long serve to hide some mens deformities Happy times I hope attend you wherein your Subjects by their miseries will have learned That Religion to their God and Loyalty to their King cannot be parted without both their sin and their infelicity I pray God bless you and establish your Kingdoms in righteousness your soul in true Religion and your Honour in the Love of God and your people And if God will have disloyalty perfected by my destruction let my memory ever with my name live in you as of your Father that loves you and once a KING of three flourishing Kingdoms whom God thought fit to honour not only with the Scepter and Government of them but also with the suffering many indignities and an untimely death for them while I studied to preserve the Rights of the Church the power of the Laws the honour of my Crown the priviledge of Parliaments the Liberties of my people and my own Conscience which I thank God is dearer to me than a thousand Kingdoms I know God can I hope he will restore me to my Rights I cannot dispair either of his mercy or my peoples love and pitty At worst I trust I shall but go before you to a better Kingdom which God hath prepared for me and me for it through my Saviour Iesus Christ to whose mercy I commend you and all mine Farewell till we meet if not on earth yet in heaven The world was busied with Epitaphs upon his death and there were those who have been passionately disposed to parallel his sufferings with the holy Jesus but we forbear to censure them or to say so much Only we may aver that he was a King whose Reign and Death makes as full and perfect a Story of goodness and glory as earth would suffer and whose Christian virtues deserve as faithful a Register as Earth can keep but Reader not to overwhelm thee in a deluge of sorrow as I am drowned in tears I conclude The End Those wonderfull mutations in Church and State which followed hereupon even to this day we may God willing adventure to sum up hereafter in a succeeding continued History whilst these by favour finde acceptance A Table of the chief Occurrences in the preceding HISTORY A. A Rch-bishop Abbot sequestred fol. 104 dies 194 The King Marches to Aino 586 Aldern Fight 876 Sir Giles Allington his incest 160 his case and sentence 161 French Ambassadour affronted 661 Amiens described 2 Sir Robert Amstroder sent Ambassador to the Emperour 143 and again the second time 162 Bishop Andrews dies 72 Princess Anne born 218 Arguile defeated 795 Bishop of Armagh his Speech 68. His direction to the Parliament touching the Leiturgie and Episcopal Government 363. He confirms Dr. Reynalds original of it 366 367. His Propositions in Church Government 423 Design of the Army discovered 409. New Modelling of it 770. They mutiny for money 926. They Petition the Parliament 979 are discontent 984 draw towards London 986. Their Representative 987. They come to Southwark 1000. March in state to Westminster and through London 1001. Their desires 1008. Their Agitators send Letters to the General 1011 which he answers 1013. They demand their Arrears and are voted payment 1098 Their large Remonstrance 1099 and Declaration 1100. They come to White-Hall ibid. Their Representative stiled the Agreement of the people 1107 Arras lost 371 Earl of Arundel committed 30 sent Ambassador to the new Emperour of Ger. 212. and aboard the Spaniards 280 Arundel Castle surrendred to Waller 662 Ashburnham sent into England 89 Lord Ashley defeated 885 Ast Ferry Fight 733 Lord
vote a war Oâ—hers dissent The State of the Scots Army come to Carlisle Summons Lambert by Letter Lamberts Answer Scots come to Penreath and engage Tinmouth Castle revolts and is retaken Lord General Cromwel comâ— against the Scots Scots Army defeated and how Capiâ—â—lâ—te and yield upon Articles Cromwel improves his success Hamilton taken and others Several Armies in Scotland Lieu. General Cromwel's Declaration in Scotland Scots Nobility contract with Cromwel And conclude in amity upon conditions Scots Armies disbanded Cromwel is caressed in Scotland The Prince of Wales his flight The States of Scotland invite the Prince thither Parliaments Vice-Admiral Batten goes to the Prince Colchester siege resolutely defended They capitulate by Letters Answer Lucas and Lisle shot to death The list of their prisoners Distempers in the Kingdom Petitions from all parts for a Treaty of Peace Voted to send to the King for a Treaty The Princes Letter to the Lords The Kings Message in Answer to the Votes and a Treaty Other Votes of the Parliament sent to the King His answer Commissioners to treat for the Parliament The King and his fast and pray Four Bills or demands Parliaments Propositions The Commissioners tyed up to conditions The Kings concâ—ssions in most things Propositions answered Concerning Ormond Earl of Norwich and Lord Capel impeâ—â—â—ed Arrears of the Army demanded Parliament Voâ—e payment New Judges and Serjeants at Law Petitions against the King and Treaty A large Remonstrance of the Army Hamond delivers the King to Col. Ewers Armies Declaration They come to White-hall Four Queries of the King concerning his Tryal The Kings Declaration concerning the Treaty The King is seized by the Army Divers Members seizâ—d by the Souldiers Agreement of the people Exceptions Vote against Vote Eikon Bas. cap. 28. The King brought to Windsor The Charge against the King The Queen writes to the King and General Votes of the Commons The Lords dissent Votes of the power of the Commmons house Proclamtaion for any to accuse the King New great Seal The Scots dissent The King brought to St. Iames's Form of the High Court of Justice The Lords and others against the Vote for Tryal The Scotish Declaration against the Kings Tryal Scots private instructions concerning the King The Actors proceeding The place of the Court of High Justice The Kings first Tryal The King accused Demurs to Authority of the Court and proves his Title successive not Elective Second Tâ—yal A Pre-Order in case the King will not answer The King interrogates their power and offers his reasons in writing The President prevent him with insolent rebukes Third dayes Tryal Saturday Tryal and Sentence The King râ—fuseth to Answer but before the two Houses of Parliament Presidents Speech The King not suffered to reply His Sentence Which the Tryers approvâ— The Kings Reasons against the jurisdiction of the Court a Hereabout I was stopt not suffered to speak any more concerning reasonâ— The King is abused by the Souldiery Hindered in his devorion and prayers The Committee order his Execution Ambassadors sue in the Kings behalf He is conveyed from St. Iames's to the Scaffold Passes to the Scaffold The King upon the Scaffold defends his innocency Howbeit he acknowledgeth Gods justice Pardons his enemies Takes pitty on the Kingdom Errours of the Faction How they may return to peace He praies Professes to dye a Christian according to the reformation of England He prepares to his death He is killed Reliques of the Kings death His body imbowelled His admired Book and Papers His Character only to be glanced at The Kings children The Kings Letter to the Prince of Wales
be evil because mine were good And having signed both these Bills the King sent Sir Dudley Carleton Secretary of State to the Earl to acquaint him what he had finished the necessity urging him so to do together with the Earls free consent and the return of his Paper-promise which ballanced all The Earl amazed seriously asked him whether his Majesty had passed the Bill as not believing without some astonishment that the King would have done it And being again assured that it was passed He arose from his Chair and standing up lift his eyes to Heaven clapt his hand upon his heart and said Put not your trust in Princes nor in the sons of men for in them there is no salvation I have been assured from him that heard the King speak it and others confirming that the Bishop of London did not disswade nor perswade the King in the passing of the Bill but wisely or cunningly said nothing at all Nor does it appear that any of the other Bishops Lincoln onely excepted did any way press the King to his death And for satisfaction of all the world that the Arch-bishop of Armagh did not urge his death but rather the contrary I was present when it was diâ—â—â—ursed by a person of honour and honesty one that in these times and in these particulars thus controverted would not be positive but in the truth And as willingly as necessarily he hath set it under his hand and ready to justifie it with his Oath and Honour in these words and so witnessed by those that were present That the late King being in the Garison of Oxford a publick rumour passed that the Arch-bishop of Armagh was then dead and so intimated to the King in his Bed-chamber who was pleased to resent the news with much sorrow and with very high expression of the Prelates remarkable piety and learning and so said all that were present in confidence of his great endowments of exemplary virtues Except Sir said one in his advice to your Majestie to the hasty resolution of the Lord Strafford's death To which the King in some passion replied It was false protesting with an Oath his innocencie therein and that after the Bill was passed said the King the Arch-bishop came to me with much regret and sorrow and that the Arch-bishop wept bitterly This as a great truth I am ready to aver says the Relator by my Oath and Honour as I do now under my hand this eighth day of May 1656. W. L. Hereupon having this under his hand and witness I urged the question with another person of like Honour who said that himself was present at that time relating the very same words in effect as the former and both of them I spake with apart many miles asunder and neither of them witting of the use which I now make thereof they mentioned each other to be present And this also is certified upon his Oath and Honour and under his hand also and witnesses G. K. And now we shall see what the Arch-bishop of Armagh hath been pleased to signifie as to the Observatours pag. 240. concerning the result of the Bishops That Sunday morning the five Bishops writes he for so many they were London being one of them were sent for by the King himself and not sent to him by the Houses of Parliament amongst whom the Bishop of Durham and Carlile were so far from depending wholly upon the judgment of the other two whom the Observatour accounts Politicians that they argued the case themselves as fully as did any other To the Argument of one of them the King also returned this Answer that his Syllogism was faulty because it had in it four terms And for that most uncharitable surmise writes he concerning the Arch-bishop of Armagh as if the displeasure he had conceived against the Lord Lieutenant were so great that it could not be satisfied but by the seeking of his very bloud It is hard to say whethâ—â—hat calumny be more malicious or ridiculous for both the ground of that conceited grudg is utterly false the Articles of Religion established in the Church of Ireland having been never abrogated by him or any other And in the ordering of this his the Earls last business there was no man with whom he held greater correspondency than with the Primate himself whereof this may be sufficient proof that as before his condemnation he did from time to time consult with him touching his answer to their present charge so also afterwards having obtained from the Parliament that the Primate might be sent unto him to prepare him for his death He chearfully imbraced his spiritual instructions prayed with him sent messages to the King by him and by no means would dispense with him for being absent from his Execution But taking him by the hand led him along to the Scaffold where with incomparable courage and as himself professed even then ready to lay hown his head without the least touch of any passion or fear he rendered up the spirit to him that gave it And as to the Historian's Paragraph pag. 263. l. 33. The Earl proceeding c. This Paragraph says the Arch-bishop is wholly to be left out for at his passing to the Scaffold there was a great silence amongst the people all of them universally commiserating his case in an extraordinary manner and with great passion lifting up their hands to heaven for him And to the Historian pag. 263. l. 38. The Earl being brought c. The Earl says the Arch-bishop being brought to the Scaffold his Chaplains prayed with him and himself remaining still upon his knee rehearsing with great reverence the five and twenty Psalm Afterwards arising he addrest his Speech unto the people to this effect after following But the occasion of the mistakes of the addressing of his Speech unto the Lords as the Historian hath My Lords It should be My Lord which the Earl used in the Singular Number turning himself to the Arch-bishop who stood by him as appears by the Pamphlet presently published concerning his suffering where the tenour of his Speech which he then used is to be taken as agreeing almost with the very syllable by him used and not as the Historian hath it for thus in truth it was My Lord Primate c. as hereafter in due place But to return to the tenth of May the King having the day before signed both Bills that of the continuation of the Parliament and this for the execution of the Earl and with one Pen of Ink and at one instant he sets his hand to the loss of himself and to the destruction of his faithfull and most able Counsellour and Servant The next day eleventh of May he being extremely troubled at what he had done concerning the Earl he vouchsafes to write to the Lords and sends this Letter by his Son the Prince of Wales My Lords I did yesterday satisfie the justice of the Kingdom by passing the Bill of Attainder
have been usefull for the Parliament in case other Successes had failed and therefore he stuck close to them and in the time of all the Wars whilest his two Brothers Rupert and Maurice were fighting for the King their Uncle this Palatine was feasting with the Citizens at London every Thanksgiving Day in effect Drinking their own Healths which was the others Destruction But not to be out of the Gang he was much reformed also and upon his humble Desires was voted by the Commons to sit with the Synod of Divines at Westminster for his assistance in the composure of the Directory which will come out one day And now the six and twentieth of March we finde his Letter to the Lords House and conferred with the Commons Wherein his Highness desires to communicate some Intelligence of great concernment in relation to the Protestant Religion through all Christendom to such Committees as both Houses shall appoint And here were two Committees conjoyned to wait upon his Highness herein and that was all for it came to no more being a Design set on work by a Scotish man who had laboured amongst the Northern Lutherans first then he descends Southwards to the Genevians Oecolampadians Zwinglians Hugonians and now returned hither to the Prebyterians devising how by Articles of the general Fundamentals of Faith professed amongst them all to reconcile them into one certain Creed and so to one professed Reformation against the common Enemy Antichrist presuming that as the Roman Papists agree in the Catholick Cause so the Reformed Churches should setle into a Protestation alike But this Business was too deep for his Highness and too shallow for the Parliament to wade in and so it went off in a puff And during his being here with the Parliament his distressed Uncle the King is disconsolate at Holmby under captivity and guard of the Parliaments Commissioners which makes him contemplate this Soliloquy Yet says he may I justifie those Scots to all the World in this that they have not deceived me for I never trusted to them further than to men if I am sold by them I am onely sorry they should do it and that my Price should be so much above my Saviours These are but further Essaies which God will have me make of mans uncertainty the more to fix me on himself who never faileth them that trust in him though the Reeds of Egypt break under the hand of him that leans on them yet the Rock of Israel will be an everlasting stay and defence God's Providence commands me to retire from all to himself that in him I may enjoy my self whom I lose while I let out my hopes to others The solitude and captivitie to which I am now reduced gives me leisure enough to studie the worlds â—anitie and inconstancie God sees 't is fit to deprive me of Wife Children Armie Friends and Freedom that I may be wholly his who alone is All. I care not much to be reckoâ—ed among the Unfortunate if I be not in the black List of irreligious and sacrilegious Princes No Restraint shall ensnare my Soul in sin nor gain that of me which may make mine Enemies more insolent my Friends ashamed or my Name accursed They have no great cause to triumph that they have got my Person into their power since my Soul is still mine own nor shall they ever gain my Consent against my Conscience What they call Obstinacie I know God accounts honest Constancie from which Reason and Religion as well as Honour forbid me to recede 'T is evident now that it was not Evil Counsellours with me but a good Conscience in me which hath been fought against nor did they ever intend to bring me to my Parliament till they had brought my minde to their obedience Should I grant what some men desire I should be such as they wish meâ— not more a King and far less both Man and Christian. What Tumults and Armies could not obtain neither shall Restraint which though it have as little of Safetie to a Prince yet it hath not more of Danger The fear of men shall never be my Snare nor shall the love of any Libertie entangle my Soul better others betray me than my self and that the price of my Libertie should be my Conscience the greatest Injuries mine Enemies seek to inflict upon me cannot be without mine own consent While I can deny with Reason I shall defeat the greatest impressions of their malice who neither know how to use worthily what I have already granted nor what to require more of me but this that I would seem willing to help them to destroy my self and mine Although they should Destroy me yet they shall have no cause to Despise me Neither libertie nor life are so dear to me as the peace of my Conscience the Honour of my Crowns and the welfare of my People which my word may injure more than any War can do while I gratifie a few to oppress all The Laws will by God's blessing revive with the Love and Loyaltie of my Subjects if I bury them not with my consent and cover them in that Grave of Dishonour and Injustice which some mens violence hath digged for them If my Captivitie or Death must be the Price of their Redemption I grudg not to pay it No condition can make a King miserable which carries not with it his Soul 's his People's and Posterities thraldom After-times may see what the blindness of this Age will not and God may at length shew my Subjects that I chuse rather to suffer for them than with them haply I might redeem my self to some shew of Libertie if I would consent to enslave them I had rather hazzard the Ruine of one King than confirm many Tyrants over them from whom I pray God deliver them whatever becomes of me whose solitude hath not left me alone Judg Ienkins taken at the Surrender of Castle in Wales was convened before a Committee of the House of Commons to answer to some Questions propounded to him To which he gave no Answer but presented them with this Paper I stand committed for high Treason for not acknowledging nor obeying the power of the Parliament by adhering to the King in this War I denie this to be Treason and this is my Reason The supreme power by the Laws of this Land is in the King if he should submit to any Examination derived from your power which by the Negative Oath stands in opposition to the Kings power I should confess the power to be in you and so condemn my self for a Traitour indeed I am sworn to obey the King and the Laws you have no power to examine me by these Laws but by the Kings Writ Patent or Commission and you do not produce either you your selves this Parliament have sworn that the King is our onely supreme Governour your Protestations Vows and Covenant solemn League and Covenant your Declarations all of them publish to the Kingdom
that your scope is the maintenance of the Laws those Laws must be derived to us and enlivened by the onely supreme Governour the Fountain of Iustice and the Life of the Law the King The Parliaments are called by his Writs the Iudges sit by his Patents so of all Officers the Cities and Towns Corporate govern by the Kings Charters and therefore since by the Laws I cannot be by you examined I do refuse to answer David Jenkins April 10. â—1647 And forthwith he publishes a Discourse in print concerning Treason Murder and Felony that any person committing either of them hath no assurance of Life Lands or Goods without the Kings pardon 27 H. 8. cap. 24. The King is not virtually in the two Houses at Westminster whereby they can give pardon to these offences The Parliament in their Declaration November 28. last to the Scots Papers say That the King at this time is not in a condition to govern and it is impossible that they should have a virtue from the King to govern which they declare he hath not himself to give The Law of the Land is 5 Eliz. cap. 1. That no person hath a Voice in Parliament before he take Oath that the King is the onely and supreme Governour How does this Oath agree with their Declaration By the one it is sworn He is the onely supreme Governour and by the other that he is not in a condition to govern so they swear one thing and declare the contrary at the same time The Parliament say that the Parliament are the onely supreme Governours in default of the King for that he hath left his great Council and will not come to them and yet he desires to come and they will not suffer him but keep him Prisoner at Holmby That there is no point of Government but for some years past they have taken to themselves and used his Name onely to deceive the People They have sent Propositions to Oxford to Newcastle to be signed by him What needs this ado if they have the virtual power with them at Westminster To say that his virtual power is separate from his person is high Treason See Coke in Calvin's case fol. 11. And setting down the Traitours Arguments of that time they were condemned in Edw. 2. called Exilium Hugonis le Spencer and the other in 1 Edw. 3. cap. 2. That the two Bodies Natural and Politick make but one Body and not divers is resolved 4 Eliz. Plowden Com. fol. 213. by Catlin Dier Sanders Rastal Brown Corbet Weston Frevil Carve Powdrel Gerard Carel Plowden the most learned men of our Law in that Age. That no Act of Parliament bindes the Subject without the assent of the King either for Person Lands Goods or Fame The styles of the Acts in Print from 9 H. 3. to 1 H. 7. And since his time it continues thus so that alwaies the assent of the King giveth Life to all as the Soul to the Bodie He is called by our Law-books the Fountain of Iustice the Life of the Law Mercie as well as Iustice belongs onely to the King 2 H. 4. Mr. Pryn in his Treatise of the great Seal saies as much See 27 H. 8. cap. 24. Queen Elizabeth summoned her first Parliament to be held Jan. 23. 1 Eliz. and the Parliament accordingly assembled but she being sick it was prorogued till the 25. of the same and it was resolved by all the Iudges that the Parliament began not till the said 25. Day They have the King a Prisoner at Holmby and yet they govern by the virtual power of their Prisoner a meer deluding Fiction All these he will justifie with his Life and takes it for an Honour to die for the Laws of the Land David Jenkins April 29. We must confess that H. P. a Barrister of Lincolns Inn made a slight Answer to Ienkins but being ashamed to set down his Name we will not trouble the Reader with it but leave it to the Lawyers But this man endured from time to time strict Imprisonment in most of the Goals at London was arreigned at the Sessions in the Old Baily at the Kings Bench Bar and where not and is now at liberty legally answering to all the Exceptions against him We enter this year with the military affairs of the English Army for the Scots are gone modelled into less and sixty thousand pounds a Moneth setled for their pay as also for the Transport and Maintenance of these to be imployed into Ireland viz. eight thousand Foot and two thousand Horse And in these Commissioners are appointed to treat with the General at Saffron Walden in Cambridgshire and the Advance-money was borrowed of the City no less than two hundred thousand pounds The Officers met five and fourty of them and resolve That they were not resolved concerning the engaging in the Service of Ireland with those under their Command yet they shall be ready to further and advance it amongst those under their Commands But conclude in four Questions 1. Under whose Conduct in chief those who are to engage for Ireland shall go 2. What particular Forces of this Armie are to be continued in England 3. What Assurance of Subsistence and Pay to those that engage for Ireland during their stay there 4. When shall the Armie receive their Arrears and Indempnitie for past Services in England And thus heated a Petition is drawn into Heads For provision for Indempnitie the Arrears to be paid that the Foot Souldiers may not be prest out of the Kingdom nor Horsmen compelled to serve on Foot their Widows and Children to be relieved and untill the Armie be disbanded that they may receive Pay to discharge Quarters and not to burden the Countrey To this Petition were Subscribers increasing daily into Thousands and to be preferred by Lieutenant General Hamond Colonel Hamond Ireton and Rich and others who are sent for to the Parliament and ere they come the Parliament declare Their high dislike of that Petition and their approbation and esteem of their good Service who first discovered it but if the Subscribers forbear to proceed any further therein they shall be retained in the Parliaments good opinion and that those who shall continue in their distempered condition shall be proceeded against as Enemies to the State But all things were pieced for the present and not till the General was angry who sends a Letter to some Members and to this effect That there is another Petition on foot in the Countie of Essex against this Armie and which was read in several Churches yesterday by the Ministers to get Hands thereto The Souldiers specially the Horse are much troubled at this and crie out Why may not we petition as to see Petitions subscribed in an indirect manner against us and that under our Noses The Horse here about talk of drawing to a Rendezvouz to compose something of Vindication c. Walden April 5. And this Essex Petition was framed at London and sent