to allow him the benefit of a free and general Pardon granted by King James in Parliament in the 21st Year of his Reign and likewise that of the Coronation Presently after the Commons drew up another Declaration of Grievances against the Duke whom they resolved utterly to overthrow though contrary to the Inclination of the King who being thereat incensed dissolved the Parliament the very next day June 15. 1626. and committed the Earl of Bristol to the Tower Publishing a Proclamation for burning all Copies of the said Declaration After which the King Published a Declaration shewing the Grounds and Reasons of his Dissolving this and the former Parliament Then several ways were Resolved on for advancing the Kings Revenue and special care was taken by the Councel for the levying of Customs and Imposts upon all Merchandizes Imported and Exported as being intended to have been settled by the Two last Parliaments but prevented by their sudden Dissolution The Forfeitures of Papists likewise which had been misimployed were now taken into a more strict Account Privy Seals also were issued out and Benevolence proposed and at length a Commission for a General Loan was resolved upon as the most convenient Method since the present state of Affairs admitted not of the way of a Parliament and private Instructions were given to the Commissioners how to manage the business which upon their Faith and Allegiance they were commanded to keep Secret and not to disclose to any About this time some Souldiers returned from Cadiz and were Quattered in the Countreys and Money was raised for them which made this Loan the more unwelcome and Sir Randolph Crew for not appearing vigorous in promoting the Loan was displaced from being L. Chief Justice and Sir Nich. Hyde advanced in his place the Bishop of Lincoln was likewise informed against in the Star Chamber by Sir John Lamb and Dr. Sybthorp for speaking against the Loan and seeming to favour the Puritans and Nonconformists Not long before which Bishop Laud hearing that the Bishop of Lincoln endeavoured to ingratiate himself with the D. of Buckingham Dreamed That the Bishop came to him with Iron Chains but returned free from them that he leaped upon a Horse departed and he could not overtake him which was afterwards interpreted concerning the Bishop of Lincolns taking Arms for the Parliament in Wales and his being at liberty when Bishop Laud was imprisoned in the Tower There were several Occasions at this time which required considerable Supplies of Money for besides that of the Palatinate there was great probability of a War with France upon this Occasion the French King Lewis the 13. had borrowed of his Brother in Law the King of England a Man of War called the Vauntguard and six other Merchants Ships in pursuance of a Design against Italy but with this express Condition that they should not be imployed against the Protestants at Rochel there having been an Agreement lately made between them and their King by the Mediation of the English Ambassadors But Mounsieur Soulize who was for the Protestants taking the Advantage of the French Armies going into Italy suddenly broke that Agreement for getting some small Ships together he Surprized the Isle of Rhe and some Ships in the Harbour at which the French King being offended turns his whole Design from Italy to Rochel and with the Seven English Ships under Admiral Pennington Twenty Dutch Ships and the French Navy he furiously falls upon Soulize forceth him from his Fastness and chaseth him to the Isle of Oleron The King of England was much concerned at this Action of the French King as a breach of his Royal Word and demanded Satisfaction which the French King deferring to give the King Seized a Rich French Ship and the French King Arrested the Goods of the English Merchants in France to the value of Three Hundred Thousand Pounds but at length all was Reconciled and Restored on both sides Thus all seemed quiet at present till the Insolent deportment of the Queens Priests and Confessor made another Rupture who Imposed upon her to go bare-foot to Spin to wait upon her Servants at their Dinners nay to walk on Foot on a Rainy Morning from Somerset-House to St. Jameses and from thence as far as Tybourn Gallows to offer up her Prayers for the Souls of some Jesuits whom they stiled Martyrs who were formerly Executed there her Confessor himself Riding by her in a Coach These and several other Arrogancies being justly charged upon the Queens French Domestick Servants they were paid off discharged and sent home Upon which the French Arrested the Ships of the English Wine Merchants at Blay Castle which was so ill Resented by his Majesty of Great Britain that he resolved upon a Breach with France But about the same time the English Fleet under the L. Willoughby which were sent to the Aid of the Rochellers were so scattered by a Storm that they could scarce get into safe Harbour The Assessment of the Loan was generally opposed whereupon the People of the lower Rank were ordered to appear in the Military Yard near St. Martins in the Fields before the Lieutenant of the Tower to be Listed for Souldiers it being thought fit that those who refused to assist with their Purses in Common Defence should be forced to serve in their Persons others of better Quality were bound to appear at the Council Table several of whom were committed Prisoners to the Fleet Marshalsea Gatehouse and other Prisons and among them Sir John Eliot who Petitioned his Majesty and repeated many Presidents That all manner of Aids and Taxes informer Kings Reigns were never levied but by the general Consent of the Nobility and Commons Assembled in Parliament However he was committed Prisoner to the Gatehouse and upon the same Account Sir Peter Hayman was commanded to Serve his Majesty in the Palatinate which after he had settled his Estate he did acordingly Doctor Sybthorp and Dr. Maynwaring two Eminent Preachers at Court about this time preached up the Necessity and Duty of the Loan one of them Asserting That the Prince hath Power to Direct his Councel and make Laws and that Subjects if they cannot Exhibit Active Obedience in Case the thing commanded should be against the Law of God or Nature or more Impossible yet nevertheless they ought to yield Passive Obedience and in all other Cases they were bound to Active Obedience The other Affirmed That the Kings Royal Command in Imposing of Loans and Taxes though without common consent in Parliament did Oblige the Subjects Conscience upon Pain of Eternal Damnation Which Positions being entertained by the Court with Applause the Sermon of Dr. Sybthorp call'd Apostolick Obedience was Licensed and Approved of by Dr. Laud B. of London and an express Command was sent from the King to Archbishop Abbot to License it which he refused whereupon having been under some disfavour before this Increased it and he was suspended from his Archiepiscopal See and a Commission was
December 3. they presented their Petition against their Prosecutors And now the Papists began to fear a Cloud for Justice Howard was to deliver up a Catalogue of all Recusants within the Liberties of Westminster to prevent which he was stabbed by one Mr. John James in Westminster hall for which he was imprisoned in the Gate-house in order to a more severe punishment But Sir Francis Windebank Secretary of State fearing to be called to Account by the Parliament for reprieving Jesuits and Priests which he knew would be produced against him if not worse matters fled privately into France December 7th the Commons Voted Ship-money with the Opinion of the Judges thereupon to be Illegal and a Charge of High Treason was ordered to be drawn up against eight of them and they resolved to begin with the Lord Keeper Finch December 11th Alderman Pennington and some hundreds of Citizens presented a Petition subscribed by 15000 Hands against Church Discipline and Ceremonies and a while after the House of Commons Voted That the Clergy in a Synod or Convocation have no power to make Canons or Laws without Parliaments and that the Canons are against the Fundamental Laws of this Realm the Kings Prerogative the Property of the Subject the Right of Parliaments and tend to Faction and Sedition In pursuance hereof a Charge was ordered to be drawn up against Arch-bishop Laud as the principal framer of those Canons and other Delinquencies which Impeachment was seconded with another from the Scotch Commissioners upon which he was committed to the Black Rod and 10 weeks after Voted Guilty of High Treason and sent to the Tower The Scots likewise prefer a charge against the Earl of Strafford then in Custody requiring Justice against them both as the great Incendiaries and Disturbers of Church and State and Sir George Ratcliff the Earls Bosom Friend had Articles also drawn against him to this purpose That he had conspired with the Earl to bring Ireland under an Arbitrary Government and to subvert the Fundamental Laws and to bring an Army from Ireland to subdue the Subjects of England That he perswaded the Earl to use Regal Power and to deprive the Subjects of their Liberties and Properties That he countenanced Papists and built Monasteries to alienate the Affections of the Irish from England That he withdrew the Subjects of Scotland from their King And lastly That to preserve himself and the Earl of Strafford he laboured to subvert the Liberties and Priviledges of Parliament in Ireland The Lord Keeper Finch was the next Person designed to be censured and notwithstanding a Speech made in his own Vindication he was Voted a Traytor upon several Accounts and among the rest for soliciting perswading and threatning the Judges to deliver their Opinions for raising Ship-money and for several ill Offices done in moving the King to Dissolve the last Parliament and causing the publishing the Kings Declaration thereupon Next day he was accused before the Lords but he foresaw the Storm and went over into Holland The Parliament having now removed their Enemies and increasing in Reputation were designing a Bill for a Triennial Parliament for promoting which Petitions came from divers places one whereof was subscribed with 800 Hands directly against Episcopacy which the King took notice of and calling both Houses together tells them Of their slowness and the charge of Two Armies in the Kingdom and that he would have them avoid two Rocks the one about the Hierachy of Bishops which he was willing to Reform but not to alter The other concerning frequent Parliaments which he liked well but not to give his Power to Sheriffs and Constables About this time one Goodman a Popish Priest condemned at the Sessions in London was reprieved by the King upon which both Houses petitioned to know who were the Instruments of it and receiving an unsatisfactory Answer they Remonstrated against the Toleration of Papists and the Popes Nuncio Rosetti and this Goodman whom they desired might be left to the Justice of the Law To this the King answers That the increase of Popery and Papists in his Dominions is extreamly against his mind and that he would use all possible means for the restraining of it As for the Popes Nuncio Rosetti he had no Commission but only to preserve Correspondence between the Queen and the Pope which was allowed her by the Articles of Marriage however he had prevailed with her to remove him and is contented to remit the particular Case of Goodman to both Houses The Scots had been now quartered in England five months during which a Cessation had been concluded at Rippon but the full Pacification was reserved for London where Commissioners sate on both Parties to hear the Demands of the Scots and to make answer thereunto After which the Scots presented the great Account of their Charges which was Five hundred fourteen thousand one hundred twenty eight pounds nine Shillings besides the loss of their Nation which was Four hundred and forty thousand pounds This Reckoning startled the English Commissioners till the Scots told them They did not give in that Account as expecting a Total Reparation of their Charges and Losses but were content to bear a part of it hoping for the rest from the Justice and Kindness of England There was some opposition made to the Demands however Moneys were raised for the present from the City of London for the Supply of both the Northern Armies as the Parliament had done once before At this time a Match was propounded between the young Prince of Orange and the Lady Mary Eldest Daughter to the King which his Majesty liked well of and communicated it to the Parliament with whom it found an unanimous and general Reception in regard of the Alliance to be thereupon concluded with the States General and likewise that he was of the same Protestant Religion with England so that the Marriage was soon concluded Presently after four Members of the Commons delivered a Message to the Lords of a Popish Design of Levying an Army of Fifteen thousand in Lancashire and Eight thousand in Ireland and that the main promoters thereof were the Earls of Strafford and Worcester In February Sir Robert Berkly one of the Judges about Ship-money was accused of High Treason and committed Prisoner to the Black Rod. In this Month the King passed that Act for a Triennial Parliament and to let them know what value he put upon this great favour his Majesty told the Two Houses That hitherto they had gone on in those things which concerned themselves and now he expected they should proceed upon what concerned him The King then likewise signed the Bill of Subsidies which gave them such universal content that Sir Edward Littleton Lord Keeper was ordered To return the Humble Thanks of Both Houses to his Majesty at Whitehall Upon which there were Bonefires and Bells ringing in and about London in the same manner as formerly upon granting the Petition of Right March 1 1640
taken in That an Act pass to Vindicate the L. Kimbolton and the 5 Members And an Alliance be entred into with our Protestant Neighbours for Recovery of the Palatinate That a General Pardon pass with exception to the E. of Newcastle L. Digby and some others That such Members of Parliament as have been displaced be restored to Offices and Places and satisfaction made them for their Losses On the other side the King Proposed That his own Revenue Magazines Towns Ships and Forts be restored That what hath been done contrary to Law and the King Rights may be renounced and recalled That all Illegal Power claimed or acted by any Orders of Parliament be disclaimed And as the King will readily consent to the Execution of all Laws made or to be made concerning Popery and Reformation so he desires a Bill for the preserving the Book of Common-Prayer against Sectaries And that all Persons excepted against in the Treaty may be Tryed per Pares by the Equals That there be a Cessation of Arms and a Free Trade This made way for a Treaty of Peace but little was done in it till March 4. 1642. when Sir Ben. Rudyard one of the Commons told the Parliament plainly That the War would ruine all whereupon they appointed Commissioners that is the E. of Northumberland Mr. Perpoints Sir William Ermine Sir John Holland and Mr. Whitlock who were to attend the King at Oxford Feb. 23. 1642. The Queen landed at Burlington Key with Officers Ammunition and Mony from Holland from whence the E. of Montross and the Lord Ogilby conveyed her to York where she was honourably received by the Earls of Cumberland and Newcastle and there she began to form her Army In the mean time Coll. Massey advances against Capt. Bridges who kept Sudly Castle in Glocestershire with 60 Souldiers and all other things sufficient for the L. Shandois on the Kings behalf Coll. Massy offers to storm the Castle but is repulsed yet next day he possessed the Garden under the Castle and firing some hay and straw made so great a smother in the House that taking the opportunity thereof he planted his great Guns so conveniently as forced the Besieged to surrender upon Quarter leaving their Arms and ingaging to pay 500 pounds in six days for the goods in the Castle or else to lose them Yet had the Parliament no great cause of boasting of this Victory For soon after P. Rupert with 4000 Horse and Foot making shew to regain it marches to Cirencester where the strength and great part of the Magazine of the County lay and Feb. 1. he masters the Gaurd and forces his Passage into the Town which in two hours he gained taking 1100 Prisoners and 2000 Arms And next day he summons Glocester which Coll. Massey was resolved to defend and to strengthen it deserts Sudly Castle and other our Garrisons The Earl of Worcester and his son the L. Herbert had now raised an Army of near 1500 Welchmen for the King with whom he marched to the Forrest of Dean and beat Coll. Bourroughs Regiment out of a small Town call'd Coford near Monmoth from thence they march to Hingham within 2 miles of Glocester and Coll. Bret demands the Town for the King but was answered with scorn for Massey with assistance from Capt. Fines at Bristol weakned them with continual Shirmishes till Sir William Waller having taking Malmsbury came to Glocester and joyned his Forces with the other so that this Welch Army spent near five weeks without doing any Memorable Action But now Coll. Massey draws out all his Horse with 500 Foot and some Ordnance and held them play the first day the next morning the great Guns give the Alarum and both Parties engage very fiercely and the Welch were like to have routed him and taken his Ordnance at which instant Sir William Waller comes in to Masseys assistance who taking courage thereby they run furiously upon the Welchmen and drive them back to Hingham house which they began presently to batter with their Cannon whereupon the Welch found a Parley and surrender the Place and themselves Prisoners but the Officers were to receive Quarter according to their Qualities and next day Waller and Massey led their booty in Triumph to Glocester The assistance of the Scots had been formerly desired by the Parliament which notwithstanding their late Protestations not to take Arms against their Prince they now hearken to and having compleated their Army March 13. 1641. they cross the River Tyne and march Southward to imploy the E. of Newcastle The Irish Rebels about this time notwithstanding the defeats they met with at Tredagh and Dundalk were much increased in number And the the Pope a more unhappy Fisher than his pretended Predecessor St. Peter who was for saving but he for destroying men sends two Letters to them one subscribed to Owen Oneal and the other to all Archbishops Bishops Nobles and People of the Kingdom of Ireland in both which he commends those who had already appeared in the Quarrel and exhorts others to engage in the same declaring his great Joy for their late Butcheries and Massacres upon the Protestants and bestowing upon them his Fatherly Benediction and Plenary Pardon and Absolution for whatever Villanies they had committed By the Popes thus publickly declaring himself for them the Rebels grew very powerful and many who were at first afraid of being concerned now openly appeared for them insomuch that all parts of Ireland were overwhelmed by them as with an Innundation This year was remarkable for the death of Cardinal Richlieu that great Firebrand and disturber of Europe but more pertcularly these three Kingdoms of whose distractions he was both a Principal causer and Fomenter He led the way to his Master Lewis 13. who deceased soon after in the midst of his Conquests in Catalonia leaving for his successer his eldest son Lewis 14. the present French King under the Government of the Queen Dowager and Cardinal Mazarine succeeded in Richlieus stead The year 1643. and the nineteenth of his Majesties Reign began with a Treaty of Peace which was formerly agreed on but proceeded slowly till it was again revived by Sir Ben. Rudyard The Commissioners on both parties now met at Oxford and began to Treat of the Kings Propositions concerning his Revenue Magazines Forts and Ships And the Parliaments Propositions concerning the disbanding of Armies which particulars taking up more time than the King expected his Majesty April 12. 1643. sends this Message to the Parliament That as soon as he was satisfied concerning his own Revenue Magazines Ships and Forces in which he desired nothing but his Just and Legal known Rights to be restored to him and to Persons Trusted by him And as soon as the Members of both Houses should be restored to the same capacity of sitting and Voting in Parliament as they had upon January 1. 1641. excluding such whose Votes had been taken away by Bill or by New Elections or New Writts
Archbishop Laud upon an Accusation of High Treason by the Commons was committed to the Tower And now Episcopacy it self was called in question and though the Lord Digby made a witty and weighty Speech in Defence of it and Archbishop Usher gave his Judgment for the Moderation and Emendation of it and the Liturgy not the Extirpation thereof yet the Wings of Episcopacy were shrewdly clipt for March 10 the Commons Voted That no Bishop should have any Vote in Parliament nor any Judicial power in the Star Chamber nor be concerned in any Temporal matters and that no Clergy-man should be a Justice of Peace Upon Monday March 26 1640. the Earl of Straffords Tryal began in Westminster-hall the King Queen and Prince being present and the Commons likewise being there as a Committee at the managing their Accusation the Earl of Arundel was Lord High Steward and the Earl of Lindsey Lord High Constable the Earl of Strafford though he had but short warning yet had gotten his Defence ready against the time The Accusation was managed by Mr. Pym consisting of Twenty eight Articles to most of which the Earl made Particular Replies But the Commons were resolved to prosecute him to the utmost and had therefore procured the Parliament of Ireland to prosecute him there also as guilty of High Treason which being unexpectedly produced extorted from the Earl this passionate Expression That there was a Conspiracy against him to take away his Life At which the Commons cryed out against him That standing Impeached of High Treason he durst accuse the Parliament of two Kingdoms of Conspiracy against him But besides all these certain notes were produced against him which were taken by Sir H. Vane in a close Committee of select Counsellors whom the King had chosen to consult about his second Expedition against the Scots out of which it was alledged against the Earl That he had given the King advice to borrow an Hundred thousand pound of the City of London To levy Ship-money rigorously and that his Majesty having tryed the Affections of his People was absolved and loosed from all Rules of Government and might do what power would admit and having an Army in Ireland might imploy it for the reducing of this Kingdom which he was sure could not hold out five months And London being full of the Nobility the Commission of Array was to be set on foot and all Opposers thereof to be severely dealt with To this the Earl replyed That he conceived it lawful for a Privy Counsellor to have freedom of Voting with others and as to the matter of the English Army he thought that the single Testimony of one man Secretary Vane was not of Validity in Law much less in Life and Death and that the Depositions of Secretary Vane was doubtful as appeared by several Examinations and that there were present at the Debate but eight Privy Counsellors whereof two were not to be produced and four others declared upon their Honours that they never heard him speak those words or any like them and lastly that if he had spoken them which he yet granted not that the word This Kingdom could not imply England the debate being concerning Scotland there being not the least intention of Landing the Irish Army in England and concluded his Defence with telling the Lords that he was accused as guilty of Treason for endeavouring to subvert the Fundamental Laws of the Land but it seemed strange to him that it should be Treason together which was not Treason in any part and lastly desired the Lords to consider how their own Priviledges and other Ministers of State would suffer by his Condemnation The Commons must now justifie their Charge by Law to which end they produced the Salvo annexed to the Stat. of 25 Ed. 3. The words were these Because all particular Treasons could not be then defined therefore what the Parliament should declare to be Treason in time to come should be punished as Treason And so this Salvo was to be the Ground work of the Bill of Attainder This being a point of Law the Earl had Council allowed him who answered on his behalf That the Statute which they cited was but a Declarative and a Penal Law awd would no way admit of such Consequential and Inferential Constructions and that this Salvo was repealed by an Act of Parliament in the Sixth of Henry the fourth And so the Court Adjourned without prefixing any time of Meeting for the Commons proceeded to dispatch their Bill of Attainder and April 19 1641 they Voted the Earl Guilty of High Treason upon the Evidence of Secretary Vane and his Notes And upon the 25th they passed the Bill and sent to the Lords for their Concurrence to whom it seemed at first so perplext a business that the Commons were forced to send Mr. Saint John the Kings Sollicitor to confer with them about it who gave them such satisfaction that thence forward they shewed greater propensity to the Earls Condemnation In the mean time the Commons petitioned the King 1. To remove all Papists from Court. 2. For disarming of them generally throughout the Kingdom 3. For disbanding the Irish Army To which the King answered 1. They all knew what Legal Trust the Crown hath in that particular therefore he shall not need to say any thing to assure them that he shall use it so as there shall be no just cause of scandal 2. As for the second he is content it shall be done by Law And for the last he had entred into Consultation about it finding many difficulties therein and doth so wish the disbanding of all Armies as he did conjure them speedily and heartily to joyn with him in disbanding those two here Scots and English The House of Commons having finished their Bill of Attainder against the Earl of Strafford and the King fearing the Conclusion and being willing to do some good Office to him His Majesty May 1 1641 calls both Houses together and in a Speech tells them That he had been present at the hearing of that great Cause and that in his Conscience positively he could not condemn him of High Treason and yet could not clear him of misdemeanours but hoped a way might be found out to satisfie Justice and their fears without oppressing his Conscience And so he dismissed them to their great discontent which was propagated so far that May 3. near a Thousand Citizens most of them armed with Swords Cudgels and Staves came thronging down to Westminster crying out for Justice against the Earl of Strafford especially applying themselves to the Earl of Montgomery Lord Chamberlain by whose perswasions and promises their fury was partly abated However they posted upon the Gate at Westminster a List of the Names of those who would have acquitted the Earl whom they stiled Staffordians The Parliament being Informed that some endeavours were used to raise a Disgust in the English Northern Army against their Proceedings they now enter into a National
Protestation to maintain with Life Power and Estate the True Reformed Protestant Religion expressed in the Doctrine of the Church of England against all Popery and Popish Innovations Which was ordered to be printed and published through the Kingdom May 5. The Lords acquainted the Commons That they thought it the safest course to lay by the Bill of Attainder because it brought in the King for Judge And the next day they debated the several Articles of his Impeachment and voted the Earl guilty of High Treason upon Two of them that is the 15th For Levying of moneys in Ireland by force in a Warlike manner And the 16th For Imposing an Oath upon the Subjects of Ireland The Commons had now finished a Bill For the Continuance of the Parliament which having passed the Lords was tendred to the King to be signed together with the Bill of Attainder His Majesty answered That on Monday following he would satisfie them and on the Sunday before the King spent the whole day in consulting about the Earl of Strafford with the Judges and Bishops The Judges told him That in point of Law according to the Oath made by Sir H. Vane of the Earls advice to raise Horse to awe this Nation he was guilty of Treason In the evening the Five Bishops viz. of Armagh London Durham Lincoln and Carlisle were called in to the King to satisfie his Conscience about it who all agreed That the King might shew mercy without any scruple and that he could not condemn the Earl if he did not think him Guilty This was to matter of Fact but as to matter of Law He was to rest in the Opinion of the Judges Monday May 10. The King gives Commission to several Lords to pass Two Bills one the Bill of Attainder against the Earl of Strafford The other For Continuing the Parliament during the pleasure of both Houses Which last Act was occasioned for satisfying the Scots who required Vast Sums of Money and for disbanding both the Armies whereby great Taxes were laid upon the People by Act of Parliament which could not possibly be levied in a short time and therefore there needed a present Supply from the City of London who as it was alledged would not part with their money least a Dissolution of the Parliament should happen before payment upon which Account the King was pressed to pass this Act. The same day the Bill was passed against the Earl of Strafford the King sent Sir Dudley Carlton Secretary of State to acquaint the Earl with what was done and the motives thereto whereat the Earl was greatly astonisht but the next day the King being troubled writes a Letter with his own hand to the House of Lords and sent it by the Prince of Wales telling them That whereas Justice had been satisfied in his Condemnation an intermixture of mercy would not now be unseasonable and therefore he desired them that if it might be done without any discontent to the People the Earl might be permitted to fulfil the Natural Course of his Life in close Imprisonment sequestred from all Publick Affairs provided he never attempted to make an Escape however he thought it a work of Charity to repreive him till Saturday But nothing could be obtained in favour of him but that the Lords said Their Intention was to be suitors to His Majesty to shew favour to his innocent Children and that whatever provision himself had made for them it might be confirmed Some Designs were said to have been laid for his Escape however May 12 1641 the Earl of Strafford was conveyed from the Tower by a Guard consisting of the Trained Bands Marshals men Sheriffs Officers and Warders of the Tower Before him went his Gentleman-Usher bare headed and he himself followed accompanied with the Archbishop of Armagh and others As he went along he passed by Arch-bishop Lauds Lodging and spying him at the Window he called to him for his Prayers and his Blessing but the Bishop at the sight of him was so surpriz'd that for some time he could not recollect himself and being reprehended by his Friends of an undecent Pusillanimity He Replyed That he doubted not but when that bitter Cup should come to his turn he should taste it with a most Christian Courage The Earl being come to the Scaffold upon Tower-hill addrest himself to the Arch-bishop of Armagh to this Effect That he was come to pay the laâ—â— Debt he owed to Sin with a good hope of rising agaiâ— to Righteousness That he dyed willingly forgave alâ— and submitted to Justice He professed himself guiltless as to the matter for which he dyed He wished aâ—â— prosperity to the King and People and acquitted him from the guilt of his death as having acted thereiâ— no otherwise then as constrained He advised his Adversaries to repent of their Violent Proceedings againâ—â— him and telling them that he thought it a strange waâ— to write in Blood the beginning of Reformation and Settlement of the Kingdom However he wished that hiâ— Blood might rest and not cry against them He declared He died in the Faith of the Church of England for whose happiness he prayed and concluded his Speech with intreating the Spectators to pray for him After which he kneeled down to Prayer and rising up again took his last leave of his Brother Sir George Wentworth and all his Friends sending his Love to his Wife and his Blessing to his Children with a most strict Injunction to His Onely Son Never to meddle with the Patrimony of the Church And theâ— giving the sign to the Executioner his head waâ— severed from his body at the first stroke This was the end of that Great and Able Minister of State who is reported when he heard the King had consented to the Bill of Attainder to have lift up his Eyes to Heaven and clapping his hand upon his heart to have cried out perhaps in immitation of Cardinal Woolseys Complaint Put not your Trust in Princes nor in the Sons of Men for in them is no Salvation And indeed it seemed very hard that he shou'd be made guilty of High Treason by a Bill framed on purpose without former President and to which His Majesties Consent was in a manner extorted and which he afterward bewailed with great remorse of Conscience though it is said the King was not so much convinced by any thing said to him but the chief Motive was a Letter from the Earl wherein he thus concluded Sir To set your Majesty's Conscience at Liberty I do most humbly beseech you for the Preventing of such mischiefs as may happen by your refusal to pass the Bill by this means to remove praised be God I cannot say this accursed but this Unfortunate Thing forth of the way towards that blessed Agreement which God I trust shall forever establish between You and Your Subjects My consent herein shall more acquit you to God then all the world can do beside To a willing man there is no injury
Leg with the Kings own hand with the Direction signed C. R. The business of the Lord Kimbolton and the five Members The suspicious designing a Guard about his Person and under hand promoting the Irish Rebellion The ordering Sir John Pennington to land the Lord Digby beyond Sea from thence to alienate the King from his Parliament and to procure Forreign Forces for his Assistance which now said they appeared more credible by reason of his removal with the Prince and the manifold Advertisements from Rome Venice Paris and other parts certifying that the Popes Nuncio had sollicited the Kings of France and Spain to lend his Majesty 4000 Men apeice in reference to some Design against Religion and the Parliament and lastly They desire him to turn away his wicked Councellors and to rely upon his Parliament which if he would do they would sacrifice their Lives Fortunes and utmost endeavours to the Supportation of his Soveraignty After the reading of the Declaration the Lords would have perswaded the King to come near the the Parliament and to grant the Militia for a time which his Majesty refused and told them in short That their Fears and Doubts and Jealousies were such as he would take time to satisfy the whole World of but that his own doubts were not Trivial occasioned by so many Scandalous Pamphlets and Seditious Sermons divers publick Tumults hitherto uninquired into and unpunished and sometime after the King published a Declaration to the People in Answer to theirs the sum of which was That he had no evil Councellors about him but leaves such to their censure where they should find them That he desired the Judgments of Heaven might be manifested upon those who had any design against the Protestant Profession That the Scottish Troubles were buried in perpetual silence by the Act of Oblivion and passed in Parliaments of both Kingdoms That they charging him with any inclining to the Irish Rebels was a high and causless injury to his Royal Reputation That he never intended to exasperate the late Army or in any wise to use them against the Parliament That Captain Leg's Petition was brought to him subscribed by the Officers of the Army desiring that the Parliament might not be hindred from reforming the Church and State to the Model of Queen Elizabeths days and was advantageous to them And to assure Sir Jacob Ashly of his Opinion therein he writ C. R. That the Lord Digby and Mr. Jermin neither were at White-hall nor had any Warrant from him after the Restraint That he had given sufficient Answer about Kimbolton and the five Members That the care of his own safety caused him to raise a Guard at White-hall and to receive the Loyal Tender which the Gentlemen of the Inns of Court did make him of their Service And that he looked upon their Forreign Advertisements by them mentioned as meerly wild and irrational The King goes further Northward whilst the Parliament Voted the Ordinance for Defence of the Kingdom not to be prejudicial to the Oath of Allegiance but to be obeyed as the Fundamental Laws and that the Kings Commands for Lieutenancy over the several Counties were illegal and void but he coming to Huntington sends them a Message March 15. That he intends to make his Residence at York and desires them to hasten their Succours for Ireland and not upon any pretence of Order or Ordinance to which he is not a Party of the Militia or any other thing to Do or Execute against the Laws which he himself was to keep and his Subjects to obey declaring his Subjects not to be obliged to obey any Act Order or Injunction to which he hath not given consent In answer to which they resolve That the absence of the King so far from his Parliament was destructive to the Relief of Ireland and therefore all those Councellors which advised him to it are to be suspected as Favourers of that bloody Rebellion as likewise those who perswaded his Majesty to question or contradict their Votes which was a high breach of Priviledge of Parliament March 16. The King at Stamford published a Proclamation for putting the Laws in Execution against Popish Recusants and from thence he goes to York and there March 24 Repeals his Grant for passing the Bill against Tonnage and Poundage of June 22 last past commanding the payment thereof for the future according to the Act of the First of King James and so this year ended It was now the year 1642 and the 18th of his Majesties Reign when a fresh Difference arose for the Earl of Northumberland Admiral of England being indisposed the King ordered Sir John Pennington Vice Admiral to take the charge of the Summer Fleet for the Narrow Seas but the Parliament earnestly desired that it might be conferred upon the Earl of Warwick but were refused by the King to their great distaste During the Assizes at York the Gentry Ministers and Freeholders of that County presented a Petition to the King to endeavour an Agreement with the Parliament who advises them to apply themselves to the Parliament for the good of all And next day he sends a Message to the Houses That he intended to raise his Guard out of the Counties near Chester Two thousand Foot and Two hundred Horse to be supplied with Arms from the Magazine at Hull upon taking the Oaths of Supremacy and Allegiance That if the Parliaments Undertaking for the Irish War would not suffice to defray the Charges of raising and paying them he would pawn or sell his Land or Houses desiring them withal to quicken their Levies for Munster and Connaught as the Scots already did theirs of Ulster and offers his Person against the Rebels The Parliament having for some time mistrusted the Kings going North to be intended for seizing the Magazine at Hull endeavoured to prevent it declaring their suspicion of his design to raise an Army and therefore pray That it might be removed from thence to the Tower of London as a place of more safety and easier transport for Ireland and that the Repreive for the popish priests in Newgate may be recalled and they executed And to make all sure Sir John Hotham a Member of the House of Commons is sent down to take upon him the Government of that place who by his sudden coming thither prevented the Earl of New-castle who was designed by the King to be Governor thereof so that when the King came to Hull in Person with his Guard consisting of Lords and Gentlemen April 23. 1642 he finds the Gates shut upon him and the Bridges drawn up but from the Wall Hotham appears and upon his knees intreats his Majesty Not to command that which without the breach of his Trust he could not yeild obedience to Whereupon the King finding his entrance prevented caused Hotham instantly to be proclaimed Traytor and by Letters to the Parliament complained of that Indignity and required satisfaction but they justified him therein and sent a
Committee of the Lords and Commons to reside there for the better securing the Garrison to them and gave the Governor power to raise the Trained Bands for his defence after which the King hearing that the Parliament had raised a Guard of themselves without his consent and reflecting upon the business of Hotham he summoned the Gentry of Yorkshire to a Meeting and acquainted them That his Magazine at Hull was going to be taken from him against his will the Militia against the Law and his consent put in execution and Sir John Hothams Treason countenanced so that he was resolved to have a Guard to secure his person in which he desired their assistance that he might be able to protect them the Laws and the true Protestant Religion from violation or injury The King had hereby indifferently strengthened himself and more had come in had not those Members of Parliament who came to the King at York prevailed with some of the Free-holders to protest against it And the Parliament declare That the Subjects unless bound to it by special Service could not be commanded to attend the King at his pleasure without transgressing against the Laws and Liberties of the Kingdom And that whosoever upon pretence of his Majesties Command shall take up Arms in a warlike manner shall be esteemed disturbers of the peace and to be proceeded against accordingly In the mean while Sir Thomas Gardiner who had been Recorder of London for six years being Impeached by the Parliament and in danger of hanging was glad to shift for himself and by flight escaped to the King at which time his Majesty endeavoured to have removed the Term from London to York but was much opposed therein by the Parliament who Voted it Illegal and forbid the L. Keeper to issue out Writs or Seal any Proclamation to that purpose The Parliament now proceed to put the people into a Military posture requiring all Persons in Authority to put the late Ordinance of the Militia in Execution which the King by his Proclamation forbids but for the Peoples satisfaction the Parliament publish'd a severe Declaration to the same Effect as their former Remonstrance only this was added That the King at his being in Scotland had countenanced the Irish in their Rebellious Designs and that his connivance was manifested by his tedious with-holding the Proclamation whereby they were declared Traytors till Jan. 2. being almost a Quarter of a Year after the breaking out of the Rebellion and then had appointed but forty Copies to be printed none of them to be published without his pleasure signified whereas his Proclamations against the Scots had been dispersed throughout all the Kingdom with publick Prayers and Execrations The King makes a speedy Answer hereunto not much differing from what he had said before yet tells them That as to the business of the Irish his Council in Ireland had desired them no sooner nor so many Copies by twenty as he had Signed and and sent them His Majesty had written a Letter to his Privy Council of Scotland to take away from them all suspicion of those Imputations so frequently laid to his Charge of being Popishly affected to be guilty of the bloodshed in Ireland and to bring in Forreign Forces Wherewith they seemed so satisfied that they returned a most respectful Answer and presently interposed their Mediation to heal the Breach before it grew wider humbly desiring the King to hearken to his Parliament as his greatest his best and most unparallel'd Council and discouraging him from any personal Journey into Ireland This Message was sent by the Earl of Lowden Chancellor of Scotland and after this the Scots Petition to the Kings Privy Council there Not to meddle with any verbal or real Engagement for the King against the Parliament Hereupon the English Parliament publish a Protestation wherein they vindicate their own proceedings and declare the great sense they had of the Affection of their Scotish Brethren manifested unto them in so many particulars and more especially the mentioned Petition The Earl of Bristol an Old Experienced Statesman prudently foresaw that such unhappy beginings must necessarily have a very bad Issue therefore earnestly endeavoured an Accommodation by stating the Case in the House of Lords representing the Offers of the King on the one side and the Professions of the Parliament on the other and likewise the dreadful Effects of a Civil War then likely to ensue by the Example of the woful Desolations in Germany and the expensive Troubles in Scotland and then proposes some methods for preventing these dangers as 1. That a select Committee of Parliament should truly state the matters in difference with the most probable ways of reconciling them 2. To consider particularly what may be expected either in point of supporting the King or releiving his People And lastly how the Conditions agreed upon may be secured And to shew the necessity of this course he discovers the deplorable State of Ireland the debts and necessities of the Crown the distractions which were likely to produce confusion of Religion most dangerous and destructive to a State besides the general Distraction of the Subjects who between Commands and Countermands knew not whom to obey This was admitted as good and solid Reason but Divine Justice would not so permit the Sins of the English Nation to go unpunished and the L. Bristols Speech though well received yet proved ineffectual In the mean time the Kings Guard increases at York which the House Voted a preparation for War against the Parliament a Breach of the Trust reposed in him by his People and that all such as serve him there are Traitors to the Laws of the Kingdom as the 11 Rich. 2. and the 1 Hen. 3. This was followed by another Declaration or Remonstrance of the misactions of the King and their own Priviledges which the King answers and they again reply to and May 28. the Parliament ordain That all Sheriffs Justices c. make stay of all Arms and Ammunition going to the King at York the King on the other side forbids all Persons belonging to the Trained Bands or Militia of the Kingdom to obey any Order or Ordinance of any of the Houses divers Members of both Houses withdrew themselves to the King as being unsatisfied with their proceedings whereupon the Parliament Ordered That all such as did not make their Personal Appearance by June 16 ensuing should be fined an 100 pounds toward the Irish Wars such only excepted as were imployed by the Parliament They likewise understood that the Queen had pawned the Crown Jewels in Holland for Money to be transported to the King which to prevent him of they order That whoever hath or shall pay lend send or bring any Money in Specie into this Kingdom for or upon those Jewels or accept of any Bill hereafter shall be an Enemy to the State June 2. The Parliament sent to the King Nineteen Proposition 1. That all the Kings Privy
had taken upon him the Command of the Fleet for which Reasons the King was resolv'd to punish Hotham Indeed the E. of W. had been by the Parl. commended to the King as the fittest man for Admiral the E. of N. being then sick but he was rejected by the King who conferr'd that place upon Sir John Pennington Yet afterwards the Parl. conceiving it necessary to get the Fleet into their hands they found means notwithstanding the Oppositions of Sir J. Pennington and his Adherents to make the E. of W. Admiral after which a Ship laden with Arms and Ammunition from Holland for the King being ignorant of the matter fell in among the Fleet and was by the E. of W. sent to the Parliament The Parliament now thought fit to Arm and therefore resolve that an Army shall be raised for Defence as they term it of King and Parliament and the Earl of Essex to be Capt. General and the E. of Bedford to command the Horse the E. of Holland Sir John Holland and Sir Will. Stapleton were ordered to carry a Petition to the King then at Beverly the effect whereof was To pray him to disband all his Forces to recal his Commissions of Array dismiss his Guard and return to the Parliament All which the King refused The Parliament next consider of raising Money and so declare for Loan upon the Publick Faith to promote which the endeavours of the Ministers were very serviceable whereby in a short time a very considerable quantity of Money Plate and Ammunition were brought in The King was likewise furnished with Money from the Queen upon the pawned Jewels and some Contributions from divers Lords and Gentlemen and the University of Oxford The King goes from Beverly to Leicester and there Proclaims the Earl of Stamford Traitor for removing the County Magazine from the Town to his own House at Bradgate Aug. 1. the King comes back to Yorkshire and raises a Regiment under the E. of Cumberland which he called Prince Charles his Regiment The Parliament on the other side declare the Commissioners of Array to be Traitors and disturbers of the State and Peace of the Kingdom and Lievtenants of â—everal Counties were constituted by Parliament The King likewise deals with their Commanders as â—hey did with his and Proclaimed General Essex with all his Collonels and Officers who should not â—nstantly lay down their Arms to be Rebels and Traiâ—ors and the Marquess of Hartford and his Forces â—â—re ordered to march against him The King then â—ummons in the Countrey on the North side of Trent â—nd 20 miles Southward and publisheth his Grand Declaration concerning all transactions between himself and the Parliament August 22. 1642. The King comes to Nottingham â—nd there erects his Standard to which some numbers resorted but far short of what was expected And three days after the King sends a Message to the Parliament to propose a Treaty the Messengers were â—he Earls of Southampton and Dorset Sir John Culpeper Chancellor of the Exchequer and Sir William Vdall none of which were suffered to sit in the House to deliver their Errand therefore it was sent in by the Usher of the Black Rod to which the Parliament Answered That untill His Majesty shall recall his Proclamations and Declarations of Treason against the E. of Essex and them and their Adherents And unless the Kings Standard set up in pursuance thereof be taken down they cannot by the fundamental Priviledges of Parliament give his Majesty another answer The King replyes that he never intended to declare the Parliament Traitors or set up his Standard against them but if they resolve to Treat either Party shall revoke their Declarations against all Persons as Traitors and the same day to take down his Standard To this they answer That the Differences could noâ— any ways be concluded unless he would forsake hiâ— evil Councellors and return to his Parliament And accordingly Sept. 6. they Order and Declare thaâ— the Arms which they have or shall take up for thâ— Parliament Religion Laws and Liberties of the Kingdom shall not be laid down untill the King withdraw his Protection from such persons as are or shall be Voted Delinquents and shall leave them to Justice that so their Estates may discharge the Debts and Loan Moneys of the Common-wealth The War being now begun the new raised Souldiers committed many Outrages upon the Countrey People which both King and Parliament upon Complaint endeavoured to rectifie The King himself was now Generalissimo over his own his Captain General was first the Marquess of Hartford and afterward the E. of Lindsey and the E. of Essex for the Parliamentarians The Kings Forces received the first repulse at Hull by Sir John Hotham and Sir John Meldrum and the King takes up his Quarters at Shrewsbury Portsmouth was next surrendred to the Parliament and presently after Sir John Byron takes Worcester for the King In September the two Prince Palatines Rupert and Maurice arrived in England who were presently entertained and put into Command by the King who having now got together a potent Army he made a solemn Protestation to them of his candid Intentions and sincere meaning to defend the Protestant Religion the Laws and Liberties of the Subject and Priviledges of Parliament according to the former protestation at York Sept. 9. the Earl of Essex in great State attended on by the Parliament set forth out of London toward St. Albans and from thence to Northampton where all his Forces met amounting to near fourteen thousand men having with him the Parliaments Petition which he was to present to the King the effect of which was That his Loyall Subjects the Lords and Commons in Parliament cannot without tenderness of Compassion behold the pressing Calamities of England and Ireland by the Practices of a prevailing Party with his Majesty to alter true Religion and the Ancient Government of this Kingdom introducing Superstition into the Churches and Confusion in the State Exciting encouraging and fostering the Rebellion in Ireland and as there so here begin the like Massacres by drawing on a War against the Parliament leading his Person against them as if by Conquest to establish an unlimited Power over the People seeking to bring over the Rebels of Ireland to joyn with them And all these evil Councellors are Defended and protected against the Justice of the Parliament who have for their just Defence of Religion the Kings Crown and Dignity the Laws Liberties and Power of Parliaments taken up Arms and Authorized the E. of Essex to be their Captain General against these Rebels and Traytors And pray the King to withdraw his Person and leave them to be supprest by his Power and to return to his Parliament and that they will receive him with Honour and yeild him Obedience secure his Person and establish him and his People with all the Blessings of a Glorious and Happy Reign This Petition was never delivered though Essex sent twice to the King for
E. of Strafford in the Grand Accusation charging him for obtruding thâ— Common Prayer Book and Canons and Constitution Ecclesiastical upon their Nation and for advising thâ— King to dissolve the last Parliament and other suâ—â— matters upon which he was first committed to thâ— black Rod and 10 weeks after Voted Guilty of Higâ— Treason and sent to the Tower where he continueâ— 4 years his Charge was endeavouring the subversiâ—â— 1. Of the Lawes 2. Of Religion 3. Of the Priviledgâ— of Parliament And after many times attending on thâ— House Jan. 4. 1644. they passed their Ordinance oâ— Parliament That he should be drawn hang'd and quartered but upon his Petition They voted him to be beheaded which he suffered Jan. 10. after Jan. 30. a Treaty was begun at Vxbridge between the King and Parliament but took no effect Basing House was relieved by the Kings Forces against which Sir William Waller had lost above 1000 men About this time the E. of Essex was cashiered ouâ— of his Command and Sir Tho. Fairfax was Voted General of the Parliaments Forces Col. Rossiter waâ— defeated by Sir Marm. Langdale and the Kings party In April 1645. Collonel Massey defeated by Prince Rupert at Ledbury and Blechington House delivered to the Parliament In May Oxford was besieged the first time and Leicester taken by the King In June Leicester regained by the Parliament Carlisle after 41 weeks siege deliver'd by Sir T. Glenham to the Scots June 14. 1645. was fought that unfortunate Battell at Naseby which proved so fatal to the King and his Cause This fight was exceeding bloody both Armies being very couragious and numerous there not being above 500 odds On the Parliaments side â—ere slain and wounded above 1000 Officers and â—rivate Souldiers but much more was the loss on 〈◊〉 the Kings side there being taken 6 Collonels 8 â—ieutenant Collonels 18 Majors 70 Captains 8 Lieuâ—â—nants 200 Enfigns and other inferior Officers 4500 â—ommon Souldiers many Women 13 of the Kings â—oushold Servants 4 Footmen 12 pieces of Ordinance â—000 Arms 48 Barrels of Powder 200 Carriages all â—heir Bag and Baggage with store of rich Pillage â—000 Horse the Kings Standard and one of his â—oaches and his Cabinet of Letters and Papers which were afterwards published so that it proved a comâ—leat Victory to the Parliamentarians In July the Kings Forces were defeated at Langâ—ort about 200 slain and 1400 Prisoners Pomfret Castle Bridgwater Scarborough and Bath deliverâ—d to the Parliament In August Sherburn Castle taâ—en by the Parliament In Sept. Bristoll surrendred â—o them and the Kings Forces worsted at Routon Heath In October Basing-House taken by Cromwell â—nd L. Digby defeated in York-shire in Decemb. Laâ—â—am House delivered by the Kings Order and Hereâ—â—rd surpriz'd by the Parliament before which â—lace the Scots in August had lost about 1000 men â—n March L. Ashly defeated near Stow. In April 1646. Ruthen Castle Exeter St. Michaâ—ls Mount Dunster Castle and Woodstock yielded Corf Castle taken by Stratagem Sir Tho. Fairfax resolves â—o march to Oxford which put the King upon thoughts of providing for his own safety and therefore April â—3 he goes out of Oxford in Disguise with Mr. Hudâ—â—… a Minister and Mr. John Ashburnham whose Serâ—ant he personated and went to the Scots Army at Newark In May Oxford was besieged and Banbury â—nd Radnor surrendred to the Parliament In June Litchfield Worcester Wallingford Castle Borstall Oxford and Farringdon and yielded to the Parliament In July Gothridge and Pendennis the like and Conway taken by Storm In August Ragland surrendred by the Marquess of Worcester In September Scilly Island and Castle taken Denbigh Castle also yielded In Novemb Gen. Fairfax marched Triumphantly into London In February the Scotch Army having first sold the King for two hundred thousand Pound marched into Scotland and the King was sent Prisoner to Holmby by the Parliament The King being now in the power of his Enemies they remove him from place to place and at length into the Isle of Wight under the Guard of Coll. Hâ—â—mond and afterwards a Treaty of Peace was there begun wherein things were so managed that his Majesties Concessions were Voted satisfactory After which the Army and some part of the Parliament driving on an Interest contrary to Peace turned all such Members out of the House of Commons as they thought would not comply with their Designs and then conveyed the King to Windsor During which time there happened several Bickerings and Ingagements between the Royalists and the Parliamentarians the Royal Party being in all places defeated especially at Maidstone Pontefract Bow Stratford Kingston and Preston where the Scotch Army received a very great Overthrow losing abundance of men And lastly at Colchester where those two gallant Gentlemen Sir Ch. Lucas and Sir George Lisle were shot to death after quarter given contrary to the Law of Arms. After this the Officers of the Army and those Members then left in the House proceeded to that height as to presume to bring the King to Tryal which because it was an unparallel'd Action it may be necestary to give a more particular Account thereof The King goes from Oxford in disguise 1646 The Illegall Tryall of King Charles the 〈◊〉 The Martyrdom of King Charles 1648 Upon the fourth of January 1648. the House of Commons being turned into a Grand Committee passed these following Votes 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 the 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 the Nation are included thereby although the consent and concurrence of the 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 upon that account is guilty of the Blood-shed throughout the Civil War and that he ought to explate the Crime with his own Blood After this they proceeded to make a pretended Act for the Tryal of the King which they â—ntituled An Act of the Commons of England Assemâ—led in Parliament for erecting of an High Court of â—ustice for the Trying and Judging of CHARLES STUART King of England which was in the â—orm following WHereas it is notorious That Charles Stuart the now King of England not content with those many incroachments which his Predecessors had made upon the People in their Rights and Freedoms hath had a wicked design totally to subvert the ancient and fundamental Laws and Liberty of the Nation And in their place to introduce an Arbitrary and Tyrannical Government with fire and sword levyed and maintained a cruel War in the Land against the Parliament and Kingdom Whereby the Countrey hath been miserably wasted
Silence commanded The Court called Seventy three Persons present The King comes in with his Guard looks with an austere countenance upon the Court and sits down The second O Yes made and silence commanded Mr. Cook Solicitor General May it please your Lordship my Lord President This is now the third time that by the great grace and favour of this High Court the Prisoner hath been brought to the Bar before any Issue joyned in the Cause My Lord I did at the first Court exhibit a Charge against him containing the highest Treason that ever was wrought upon the Theatre of England that a King of England trusted to keep the Law That had taken an Oath so to do That had Tribute paid him for that end should be guilty of a wicked design to subvert and destroy our Lawes and introduce an Arbitrary and Tyrannical Government in the defiance of the Parliament and their Authority set up his Standard for War against his Parliament and People and I did humbly pray in the behalf of the People of England that he might speedily be required to make an answer to the Charge But my Lord instead of making any Answer he did then dispute the Authority of this High Court your Lordship was pleased to give him a further day to consider and to put in his Answer which day being yesterday I did humbly move that he might be required to give a direct and positive answer either by denying or confession of it but my Lord he was then pleased for to demurre to the Jurisdiction of the Court which the Court did then overrule and command him to give a direct and positive Answer My Lord besides this great delay of Justice I shall now humbly move your Lordship for speedy Judgment against him My Lord I might presse your Lordship upon the whole That according to the known Rules of the Law of the Land That if a Prisoner shall stand as contumacious in contempt and shall not put in an issuable plea Guilty or not Guilty of the Charge given against him whereby he may come to a fair Tryal That as by an implicite confession it may be taken pro confesso as it hath been done to those who have deserved more favour than the Prisoner at the Bar has done but besides my Lord I shall humbly presse your Lordship upon the whole Fact the House of Commons the Supream Authority and Jurisdiction of the Kingdom they have declared That it is notorious That the matter of the Charge is true as it is in truth my Lord as clearas Chrystal and as the Sun that shines at noon-day which if your Lordship and the Court be not satisfied in I have notwithstanding on the people of Englands behalf several witnesses to produce And therefore I do humbly pray and yet I must confess it is not so much I as the innocent blood that hath been shed the cry whereof is very great for justice and judgment and therefore I do humbly pray that speedy Judgement be pronounced against the Prisoner at the Bar. President Sir you have heard what is moved by the Councel on the behalf of the Kingdom against you Sir you may well remember and if you do not the Court cannot forget what dilatory dealings the Court hath found at your hands you were pleased to propound some Questions you have had your Resolutions upon them You were told over and over again That the Court did affirm their own jurisdiction That it was not for you nor any other man to dispute the Jurisdiction of the Supreme and highest Authority of England from which there is no Appeal and touching which there must be no dispute yet you did persist in such carriage as you gave no manner of obedience nor did you acknowledge any Authority in them nor the High Court that constituted this Court of Justice Sir I must let you know from the Court That they are very sensible of these delays of yours and that they ought not being thus Authorized by the supreme Court of England to be thus trifled withall and that they might in justice if they pleased and according to the Rules of Justice take advantage of these delayes and proceed to pronounce judgment against you yet nevertheless they are pleased to give direction and on their behalfs I do require you that you make a positive Answer unto this Charge that is against you Sir in plain terms for Justice knows no respect of persons you are to give your positive and final Answer in plain English whether you be guilty or not guilty of these Treasons laid to your Charge The King after a little pause said When I was here yesterday I did desire to speak for the Liberties of the People of England I was interrupted I desire to know yet whether I may speak freely or not President Sir you have had the Resolution of the Court upon the like Question the last day and you were told That having such a Charge of so high a Nature against you your Work was that you ought to acknowledge the jurisdiction of the Court and to Answer to your Charge Sir if you Answer to your Charge which the Court gives you leave now to do though they might have taken the advantage of your Contempt yet if you be able to Answer to your Charge when you have once Answered you shall be heard at large make the best Defence you can But Sir I must let you know from the Court as their commands that you are not to be permitted to issue out into any other discourses till such time as you have given a positive Answer concerning the Matter that is Charged upon you King For the Charge I value it not a Rush it is the Liberty of the people of England that I stand for for me to acknowledge a new Court that I never heard of before I that am your King that should be an example to all the people of England for to uphold Justice to maintain the old Laws indeed I do not know how to do it you spoke very well the first day that I came here on Saturday of the Obligations that I had laid upon me by God to the maintenance of the Libertyes of my People The same Obligation you speak of I do acknowledge to God that I owe to Him and to my people to defend as much as in me lies the ancient Laws of the Kingdom therefore until that I may know that this is not against the Fundamental Laws of the Kingdom by your favour I can put in no particular Answer If you will give me time I will then shew you my Reasons why I cannot do it and this Here being interrupted he said By your favour you ought not to interrupt me how I came here I know not there 's no Law for it to make your King your Prisoner I was lately in a Treaty upon the publick Faith of the Kingdom that was the known the two Houses of Parliament that was the
on that trouble and perpetual inconveniency to the Kingdom that the Child that is unborn may repent it and therefore again out of the Duty I owe to God and to my Countrey I do desire that I may be heard by the Lords and Commons in the Painted Chamber or any other Chamber that you will appoint me President Sir you have been already answered to what you even now moved being the same you moved before since the Resolution and the Judgement of the Court in it and the Court now requires to know whether you have any more to say for Your self than you have said before they proceed to Sentence King I say this Sir That if you will hear me if you will give me but this delay I doubt not but I shall give some satisfaction to you all here and to my people after that and therefore I do require you as you will Answer it at the dreadfull day of judgment that you will consider it once again President Sir I have received direction from the Court King Well Sir President If this must be re-inforc'd or any thing of this nature your answer must be the same and they will proceed to Sentence if you have nothing more to say King I have nothing more to say but I shall desire that this may be entred what I have said President The Court then Sir hath something to say unto you which although I know it will be very unacceptable yet notwithstanding they are willing and are resolved to discharge their Duty Sir you speak very well of a precious thing that you call Peace and it had been much to be wished that God had put it into your heart that you had as effectually and really endeavoured and studied the Peace of the Kingdom as now in words you seem to pretend but as you were told the other day Actions must expound Intentions yet Actions have been clean contrary and truly Sir it doth appear plainly enough to them that you have gone upon very erroneous principles the Kingdom hath felt it to their smart and it will be no ease to you to think of it for Sir you have held your self and let fall such Language as if you had been no wayes subject to the Law or that the Law had not been your Superiour Sir the Court is very well sensible of it and I hope so are all the understanding people of England That the Law is your Superiour That you ought to have ruled according to the Law you ought to have done so Sir I know very well your pretence hath been that you have done so but Sir the difference hath been who shall be the Expositors of this Law Sir whether you and your party out of Courts of Justice shall take upon them to expound Law or the Courts of Justice who are the Expounders nay the Soveraign and the High Court of Justice the Parliament of England who are not onely the highest Expounders but the sole Makers of the Law Sir for you to set your self with your single judgment and those that adhere unto you against the highest Court of Justice that is not Law Sir as the Law is your superiour so truly Sir there is something that is superior to the Law and that is indeed the Parent or Author of the Law and that is the People of England For Sir as they are those that at the first as other Countreys have done did chuse to themselves this Form of Government even for Justice sake that Justice might be administred that Peace might be preserved so Sir they gave Laws to their Governors according to which they should govern and if those Laws should have proved inconvenient or prejudicial to the publick they had a power in them and reserved to themselves to alter as they should see cause Sir it is very true what some of your side have said Rex non habet parem in Regno This Court will say the same while King That you have not your Peer in some sence for you are Major singulis but they will averr again that you are Minor universis and the same Author tells you that in exhibitione juris there you have no power but are quasi minimus This we know to be Law Rex habet superiorem Deum Legem etiam Curiam and so says the same Author and truly Sir he makes bold to go a little further Debent ei ponere fraenum They ought to bridle him and Sir we know very well the stories of old Those Wars that were called the Barons Wars when the Nobility of the Land did stand out for the Liberty and Property of the Subject and would not suffer the Kings that did invade to play the Tyrants here but called them to account for it we know that truth That they did fraenum ponere But Sir if they do forbear to do their duty now and are not so mindful of their own honour and the Kingdoms good certainly the Commons of England will not be unmindful of what is for their preservation and for their safety Justitiae fruendi causa Reges constituti sunt This we learn is the end of having Kings or any other Governours it 's for the enjoying of Justice that 's the end Now Sir if so be the King will go contrary to the end of his Government Sir he must understand that he is but an Officer of trust and he ought to discharge that trust and they are to take order for the animadversion and punishment of such an offending Governour This is not Law of yesterday Sir since the time of the division betwixt you and your People but it is Law of old And we know very well the Authors and Authorities that do tell us what the Law was in that point upon the Election of Kings upon the Oath that they took unto their People and if they did not observe it there weere those things called Parliaments The Parliaments were they that were to adjudge the very words of the Author the plaints and wrongs done of the King and Queen or their Children such wrongs especially when the People could have no where else any remedy Sir that hath been the People of Englands case they could not have their remedy elsewhere but in Parliament Sir Parliaments were ordained for that purpose to redress the grievances of the People that was their main end and truly Sir if so be that the Kings of England had been rightly mindful of themselves they were never more in Majesty and State than in the Parliament but how forgetfull some have been Histories have told us We have a miserable a lamentable a sad experience of it Sir by the old Laws of England I speak these things the rather to you because you were pleased to let fall the other day you thought you had as much knowledge in the Law as most Gentlemen in England it is very well Sir And truly Sir it is very good for the Gentlemen of England to understand that Law
time he should stand committed to the Serjeants Ward till Two Thousand Pound Bail could be procured for his appearance next Sessions And though the King took him into Protection as his Servant yet his Bail-bond remained uncancelled Divers Laws were Enacted in this Parliament as one about Observation of the Lord's day another for restraint of Tipling in Inns Alehouses c. These passed likewise in the House of Commons A Bill for Tunnage and Poundage but this miscarried in the House of Lords because the Commons had limited it to a year whereas it was formerly granted to the Kings Predecessors during their lives it being intended to reduce the Customs to the Rate at which they were settled in the Reign of Queen Mary During the fitting of the Parliament the Lord Mordant a Papist and his Wife a Protestant being both desirous of each others Conversion they put their cause upon a dispute between James Usher L. Archbishop of Amargh and one Rookwood a Jesuite who called himself Beaumont this was acted at Drayton in Northamptonshire the points disputed on were Transubstantiation Praying to Saints Images and the Visibility of the Church wherein the Learned Primate so foil'd his Adversary that the Lord Mordant was Convinced and Converted to the Protestant Religion and his Lady further confirmed therein On the Eleventh of July 1626 the Parliament by reason of the sickness Adjourned till August 1. and then met again at Oxford where the King first by himself and next by his two Secretaries the Lord Conway and Sir John Cook declared to them the necessity of setting forth a Fleet for the recovery of the Palatinate which was the Countrey of the Prince Palatine of the Rhyns who married the Kings Sister and was then unjustly detained from him by the Emperour of Germany and the King of Spain the Lord Treasurer likewise instanced the several Sums of Money which King James died indebted to the City of London This occasioned very warm Debates in the House of Commons who alledged That evil Councels guided the Kings Designs That the Treasury was misimployed That our necessties arose through Imprevidence That it would be necessary to Petition the King for a stricter hand and better Councel to manage his Affairs That though a former Parliament engaged the King in a War yet if things were managed with Contrary designs and the Treasure misimployed this Parliament was not bound to be carried blindsold in Designs not guided by sound Council That it was not usual to grant Subsidies upon Subsidies in one Parliament and no Grievances rednessed With several other Passages of the like Nature They likewise very much reflected upon the miscarriages of the Duke of Buckingham who was then a person of very considerable Trust but however they promised to consider of the Kings desires and presented him a Petition against Popish Recusants giving an Account of their damage ascribing certain Causes of their growth and offering divers Remedies thereunto unto which a satisfactory Answer if any thing would have satisfied was returned And hereupon there followed a Debate about Supplies some were for contributing presently others demurr'd as disliking the design in hand and in conclusion the Major part agreed not to give And being incensed against the Duke of Buckingham they began to think of divesting him of his Offices and to require an Account of the Publick Moneys wherewith he had been intrusted all which they intended to include in an humble Remonstrance to prevent which the King resolved to Dissolve the Parliament and accordingly the Usher of the Black Rod was sent from the House of Lords to the Commons who were then resolved into a Grand Committee and understanding the Kings pleasure they caused the Speaker to keep his Seat while they agreed upon a Message of Thanks to his Majesty for his Gracious Answer to their Petition for Religion and for his care of their Health in giving them leave to depart this dangerous time of Sickness with a dutiful Declaration of their Affection and Loyalty and of their purposing to supply him in a Parliamentary way in fit and convenient time After which they were accordingly dissolved Now the War with Spain being intended both for the recovery of the Palatinate and to prevent disturbance in our Civil Estate the Councel hereupon resolve with all speed to set forth a Fleet and to preserve strict Unity and Peace with France Denmark and the United Provinces and with the Hollanders the King had already entered into a League Offensive and Defensive against the House of Austria and likewise had promised to assist them in soliciting other Princes to enter into the same Confederation upon Condition that they should bear a Fourth part of the Charge of the Fleet and in pursuance hereof the Duke of Buckingham and the Earl of Holland were sent to the Hague and there meeting with the Ambassadors of France and Denmark they concluded a League for restoring the Liberties of Germany the two last Ambassadors having no further power from their Supteams A while after the Dissolution of the Parliament the King published a Proclamation Commanding the return of all Children of Noble-men which had been sent to be Educated in Seminaries and Popish Schools beyond Sea that none who had received Orders from Rome should presume to confer Orders or Exercise Ecclesiastical Functions in any of his Dominions and likewise that the Statute be put in Execution for the departure of Priests and Jesuites out of his Majesties Dominions By reason of the Dissolving the Parliament the Act of Subsidies was prevented and the King was necessitated to take up Money upon Loan of such Persons as were of Ability to lend and to that end he directed his Letters to the Lord Leiutenants of the several Counties To return the Names of those Men whom they thought most sufficient The places of their Habitations and what Sums each might be judged able to lend and to the persons returned Letters were Issued forth in the Kings Name to this purpose That his Majesty having observed in the Presidents and Customs of former times That all the Kings and Queens of this Realm upon extraordinary occasions have used either to resort to those Contributions which arise from the generality of Subjects or to the private helps of some well affected in particular by way of Loan in the former of which as his Majesty has no doubt in the Love and affection of his People when they shall again Assemble in Parliament so for the present he was inforced to proceed in the latter course for supply of some Portions of Treasure for divers publick Services which without manifold Inconveniences to his Majesty and his Kingdoms cannot be deferr'd and therefore this being the first time that his Majesty hath required any thing of this kind he doubts not but he shall receive such a Testimony of good affection from them among other of his Subjects and that with such alacrity and readiness as may make the same so
whereupon the Commons fell upon the memorable Petition of Right and after several of the Members had delivered their Opinions at large concerning some Clauses in it the Lords agreed that without any Addition or Preface it should be presented to the King the Substance whereof was 1. They do pray his most Excellent Majesty That no man hereafter be compelled to make or yield 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 confined or otherwise be molested or disquieted concerning the same or for Refusal thereof 2. That no Freeman be taken and imprisoned or be disseised of his Freehold of Liberty or his free Customs or be outlawed or exiled but by the lawful Judgment of his Peers or by the Laws of the Land 2. That your Majesty would be pleased to remove the Souldiers and Marriners now Billeted in several Counties and that your People may not be so burdened for the time to come 4. That the late Commissions for proceeding by Martial 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 least by colour of them any of your Majesties Subjects be destroyed or put to death contrary to Law and the Franchises of the Law All which we most humbly pray 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 After this there came a Letter from the King to the House of Lords wherein among other things His Majesty declared it to be his Royal pleasure which God willing he would ever continue and constantly maintain That neither he nor his Privy Council should or would hereafter command to Prison or otherwise restrain the Persons of any for not lending Money nor for any Cause which in his Conscience did not concern the publick good nor would he be drawn to pretend any cause wherein his judgment was not fully satisfied This Sir Thomas Wentworth afterwards Earl of Strafford said Was a Letter of Grace but that the People were not so satisfied but by a Parliamentary way That the debate would spend much time That it was not directed to the House of Commons and that the Petition it self would rectify all mistakes When the Petition of Right was presented to the King the Answer following was quickly returned 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 Rights and Liberties to the Preservation Whereof he holds himself in Conscience as well obliged as to that of his Prerogative This Answer being Read in the House of Commons was not judged Satisfactory and therefore upon their Humble Petition for a clear and satisfactory Answer to the Petition of Right His Majesty to shew how free and candid his Concessions were to his Subjects sent them this short but full Answer Soit Droit Lait come il est desire Let it be done according to your desire Which Answer was Received with the general joy and Satisfaction of both Houses and the Citizens made Bonefires and Rung Bells and his Majesty for further Satisfaction was pleased to receive into Favour Abbot Archbishop of Canterbury Bishop Williams and several others His Majesty likewise suffered the Commission of Loan and Excise to be cancelled in his presence so that all discontents of every side seemed to be banished In 1628 the Fourth year of his Majesties Reign the Parliament not being satisfied of their former disappointment about the Duke of Buckingham drew up another Remonstrance against him and likewise against Bishop Neal and Bishop Laud which they presented to the King with the Bill of Subsidies His Majesty telling them That he expected not such a Return for his favourable Answer to the petition of Right and as for the Grievances he would take time to consider of them An Information being likewise Exhibited against the Duke in the Star Chamber for divers Offences and Misdemeanors an Order was made in that Court that all proceedings thereupon should be taken off the File by the Kings express Will and Pleasure And because it had been reported by a Member of Parliament that the Duke should say at his Table Pish it matters not what the Parliament doth for without my leave and Authority they shall not be able to touch the Hair of a Dog The Duke made Protestation in the House of Lords That be never had those words so much as in his Thoughts But the King being resolved to hold up the Duke sent so brisk an Answer to their Remonstrances as provoked the Commons who had soon forgot his Majesties late Act of Grace to question his taking Tunnage and Poundage which being of too valuable consideration to be hazarded his Majesty obviated by Adjourning the Parliament to the 20th of October there being several Acts passed by them One About the Lords day Another To restrain the sending any to be Popishly bread beyond the Seas Another for Confirmation of the Subsidies granted by the Clergie and for the grant of Five Entire Subsidies upon the Temporality and divers more Much about this time Dr. Lamb who was in great Favour with the Duke of Buckingham and had been formerly twice Arraigned once for Necromancy and another time for a Rape was killed by the furious Multitude in Lothbury who hated him both for his own sake and the Dukes he being called the Dukes Devil and though he were guarded by four Constables and their Attendants yet the Rabble struk him down beat out one of his eyes and left him half dead on the Ground from whence he was called to the Poultrey Counter where he died according to his own Prediction the year before being pitied by few and loved of none The Earl of Denbigh having a while since sailed with Fifty Ships to the relief of Rochel was repelled with much loss so that despairing of Success he returned back to Plymouth whereupon another Expedition was resolved on with a more considerable Navy and the Duke of Buckingham was designed Admiral who going to Portsmouth in order to hastning of business one John Felton a Leiutenant stabbed him to the heart with a Knife which the Murtherer flying left sticking in his Body till the Duke himself dragg'd it out and immediately after died Felton was soon apprehended by the Servants and laden with Irons and being asked what inclined him to commit so horrid an Action He boldly answered He killed him for the cause of God and his Countrey He likewise fastned a Paper in the Crown of his
and for the first offence in refusing to forfeit all their Goods for the second their Estates and for the third their Lives And besides this they presented them with the hopes of Liberty That the English Yoke should be stricken off That they should have a King of their own Nation and that then all the Goods and Estates of the English should be divided amongst them With these Motives of Spoil and Liberty which were strengthned by the former of Religion the Rebellion increased The Rebels in Ulster commanded by Sir Phelim O Neal assisted by his Brother the Brother of the Lord Mac Guire Philip O Reley and several others had possessed most of the strong places in that Province and many other which they could not take by force nor treachery were delivered to them by the English upon Articles which they afterwards like true or rather false Papists most perfidiously broke Butchering and Massacring the poor English without pity or compassion to Age or Sex though they still spared the Scotch Plantations in Ulster because of their Numbers and likewise for fear of the Scotch Army so easily to be transported to the North parts of Ireland But now their General Sir Phelim O Neal one of the Race of the late Bloody Earl of Tyrone a pretended Protestant till some time before having got together a vast number of the Natives fell upon them and destroyed their Houses and Goods and though they did not exercise that Cruelty on their Bodies yet they stript them and drove them Naked to the Scotish Shore from thence he marched into other parts and took Dundalk incamping at Arde near Tredagh The King finding his stay to be longer than he thought left the whole business of Ireland to the Parliament who declared a speedy and vigorous Assistance and Voted Fifty thousand Pound for a present Supply By which time the Lords of the Council of Ireland had Armed as many as were able and given Commissions for raising several Regiments of whom the Earl of Ormond was made Lieutenant General and a Regiment was sent from England under Sir Simon Harcourt about which time the King returned out of Scotland and was Entertained and Feasted at London and from thence Conducted to White-Hall after which the King Treated several Chief Citizens at Hampton Court where divers of the Aldermen had the honour of Knighthood December 2. The King Summons both Houses together and tells them That he had staid in Scotland longer than he expected yet not fruitlesly for he had given full satisfaction to that Nation but cannot chuse but take notice of and wonder at the unexpected Distractions he finds at home and then commends to them the State of Ireland next he publishes a Proclamation for Obedience to the Laws in force concerning Religion and the performance of Divine Service without Innovation or Abolishing of Rites and Ceremonies January 20 His Majesty makes another Speech to them and Conjures them by all that is dear to him or them to hasten the business of Ireland After which the Commons ordered a Select Committee to draw up a Petition and Remonstrance to the King the Petition was thus Most Gracious Soveraign your Majesties most humble and faithful Subjects the Commons in this present Parliament Assembled do with joy acknowledge the Favour of God in your safe return into England where the dangers and distempers of the State have caused them to desire your Presence and Authority to your Parliament for preventing of imminent Ruin and Destruction to your Kingdoms of England and Scotland fomented by a malignant party for alteration of Religion and Government the increase of Popery by the Practice of Jesuites and other Engineers and Factors of Rome corrupting the Bishops and Privy Council they being the cause of the late Scottish War and the Irish Rebellion Now for prevention they pray That your Majesty would concur with your Parliament to deprive the Bishops of their Votes To take away Oppression in Religion Church Government and Discipline To purge your Councils of such as are promoters of these Corruptions and not alienate any Escheated Lands in Ireland by reason of the Rebellion and these being granted we will make you happy This was followed by a large Remonstrance containing all the Miscarriages and Misfortunes which they termed Pressures since the beginning of his Majesties Reign As 1. The root and ground of these dangers 2. Their Maturity and Ripeness 3. The effectual means used for their Extirpation and the progress therein made 4. Thâ— Obstructions and Oppositions interrupting 5. Thâ— best means for removing these Obstacles and foâ— accomplishing the Parliaments good Intentions for restoring this Nation to its Ancient Renown The Actors and Promoters of these Evils werâ— described to be 1. The Jesuited Papists 2. Thâ— Bishops and corrupted Clergy 3. Interesteâ— Counsellors and Courtiers The root of the miâ—chief was the Malignant Party whose Practiceâ— were branched into four particulars 1. To foment differences and discontents between thâ— King and People about Prerogative and Priviledge for their own Advantages 2. To suppress thâ— purity and power of Religion 3. To Unite and Conjoyn Papists Arminians and Libertines and out of them all to compose a Body sufficient to carry on their Designs And 4. To disaffect the King to the Parliament by Slanders and by putting him upon other ways of Supply than by Parliament and that the Intentions of these Malignants were to subvert the Fundamental Laws and Principles of Government They then charge this Malignant Party more particularly as chiefly occasioning the Dissolution of three several Parliaments without Relief of Grievances The Imprisoning and Fining several of the Members raising great Sums of Money by Loan Privy Seals and Excise and blasting The Petition of Right The succesless Attempts upon France and Spain and Peace made with the Spaniard without consent of Parliament The loss of Rochel occasioned by lending part of our Fleet to the French King deserting the cause of the Palatinate charging the Kingdom with Billeting Souldiers and the Design of bringing in German Horse to inslave this Nation to Arbitrary Contributions Lastly they reflect upon Scandalous Declarations published against the Parliament upon Injustice Oppression Violence Illegal Inlargements of Forrests Coat and Conduct Money Corrupt Councils and Designs Projects Monopolies Illegal Proceedings in Courts of Judicature and Council Table charging the Bishops likewise with many Enormities particularly for contributing to raise an Army for constraining the Scots to conform to their Superstitious Ceremonies concluding with what they have done for the Reformation of these Abuses To their Petition the King returned this Answer That he knows not any Wicked or Malignant Persons whom he doth either countenance or imploy That he would concur with his People in a Parliamentary way against all Popish Designs but would not consent to deprive the Bishops of their Votes in Parliament That he judged the power of the Clergy sufficiently moderated by taking away the High Commission Court and
King as not willing to have them too strong yet promised to take such care for their security from Violence as he would for the preservation of Himself and Children and if this general Assurrnce would not suffice to remove those Apprehensions he would command such a Guard to wait upon them as he would be responsible for to Almighty God This Answer being unsatisfactory the City joyn with them and in their Common Council drew up a Petition complaining That the Trade of the City was decayed to the utter Ruin of the Protestant Religion and the Lives and Liberties of the Subjects by the Designs of Papists Foreigners and Domesticks more particularly their fomenting the Irish Rebellion by changing the Constable of the Tower and making preparations there By the fortifying of White-hall and his Majesties late Invasion of thâ— House of Commons Whereupon they pray Thaâ— by the Parliaments Advice the Protestants in Ireland may be relieved the Tower to be put into hands of Persons of Trust a Guard appointed for the safety of thâ— Parliament and that the Five Members may not be restrained nor proceeded against but by the Priviledges of Parliament And besides this The King riding into London the Citizens in multitudes flockeâ— about his Coach beseeching him To agree with his Parliament and not to violate their Priviledges To their Petition the King returned Answer That he could not express a greater sense of Ireland that he had done That meerly to satisfie the City he had removed a worthy Person from the charge of the Tower and that the late Tumults had caused him to fortifie White-hall for the security of his own Person That his going to the House of Commons was to apprehend those five Members for Treason to which the Priviledges of Parliament could not extend and that yet he would proceed against them no otherwise than legally And now such numbers of ordinary People daily gathered about Westminster and White-hall that the King doubting of their Intentions thought fit to with-draw to Hampton Court taking with him the Queen Prince and Duke of York where he and his Retinue and Guard quickly increased by accession of divers of the Gentry But the next day the Five Members were triumphantly guarded to Westminster by a great number of Citizens and Seamen with hundreds of Boats and Barges with Guns in them shouting and hallowing as they passed by White-hall and making large Protestations at Westminster of their constant fidelity and adherence to the Parliament About this time the Parliament had notice the Lord Digby and Collonel Lunsford were raising Troops of Horse at Kingston where the County Magazine was lodged whereupon they order That the County Sheriffs Justices of Peace and the Trained Bands shall take care to secure the Countreys and their Magazine and suppress all unlawful Assemblies Lunsford was seized and sent to the Tower but Digby escaped beyond Sea The King removed to Royston at which time Sir Edward Harbert Attorney General is questioned at the Lords Bar to answer concerning the Articles against the Five Members where it had gone hard with him if the King at his earnest Supplication had not taken him off by a Letter to the Lord Keeper Littleton who succeeded L. Finch wherein the King clears the Attorney General and takes the whole business upon himself yet concludes That finding cause wholly to desist from proceeding against the Persons Accused he had commanded his Attorney General to proceed no further therein nor to produce nor discover any proof concerning the same And so this Breach between the King and Parliament seemed at present to be made up At this time the Scots having a considerable Interest in their Britttish Plantations in Ireland make Proposals for Transporting 2500 Souldiers thither which were accepted by both Houses and afterward consented to by the King after which the Scotch Commissioners interposed their Meditation for composing the differences between the King and Parliament which were now grown to too great an height for which Mr. Pym was ordered by the Commons to give them the thanks of the House January 20. The King sends a Message to the Parliament proposing the security of his own just Rights and Royal Authority and That since particular Grievances and Distractions were too many and would be too great to be presented by themselves that they would comprize and digest them into one entire body and send them to him and it should then appear how ready he would be to equal or exceed the greatest Examples of the most Iudulgent Princes in their Acts of Grace and Favour to the People After this the Commons move the Lords to joyn with them in Petitioning for the Militia and the Command of the Tower but they not complying the House of Commons singly of themselves Importune the King to put those things into the hands of the Parliament as the only available means for removal of their Fears and Jealousies But the King not willing to part with the Principal Jewels of his Crown signified to them That he thought the Militia to be lawfully subject to no command but his own and therefore would not let it out of his hands That he had preferred to the Lieutenancy of the Tower a Person of known Fortune and unquestionable Reputation and that he would prefer none but such to the command of his Forts and Castles yet would not intrust the power of conferring those Places and Dignities from himself being derived to him from his Ancestors by the Fundamental Laws of the Kingdom Yet the Commons would not desist but again petitioned and were again refused Soon after divers Petitions were delivered to the Parliament against the Votes of Popish Lords and Bishops in the House of Peers as one from Suffolk with 1500 and another from the Londoners with 2000 hands and a Third from the City Dames All which were Answered That the Commons had already endeavoured Relief from the Lords in their Requests and should so continue till Redress were obtained And shortly after the Lords passed the Bill For disabling all Persons in Holy Orders to have any Place or Vote in Parliament or to exercise any Temporal Jurisdiction At the same time they petition the King again for the Militia and for clearing Kimbolton and the Five Members by his Answer to both which they understood his Resolution Not to intrust the Militia out of himself nor to clear the Members but only by a General Pardon which was unsatisfactory The King now at Hampton Court thought fit to send for all his Domestick Servants of either House of Parliament and particularly the Earls of Essex and Holland but they refused to come excusing themselves with The necessity of performing their duties in Parliament and discharging the Trust reposed in them For which they were put from their Places at Court The Lord Digby about this time sent Three Letters from Middleburg in Zealand where he was fled out of England one to the Queen and two others to Secretary
Council great Officers and Ministers of State may be put out except such as the Parliament shall approve and that an Oath be tendered them 2. That all Affairs of State be managed by the Parliament except such matters as are transferr'd by them to the Privy Council and to be concluded by the major part of the Nobility under their hands the full number not to exceed twenty five nor to be under Fifteen If any place shall fall Void in the interval of Parliament then that the major part of the Council chuse one to be confirmed at the next Session of Parliament 3. That all great Officers of the Kingdom shall be chosen with Approbation of Parliament 4. That the Government and Education of the Kings Children be by appointment of Parliament 5. That their Marriages be treated and concluded by Parliament 6. That the Laws against Papists Priests and others be executed without Toleration or Dispensation except by Parliament 7. That no Popish Lord or Peer have Vote in Parliament and their Children be educated in the Protestant Faith 8. That Church Government be reformed as the Parliament shall advise 9. That the Militia be settled as the Parliament have ordered and that the King recall all his Declarations published against their Ordinances therein 10. That all Privy Councellors and Judges take an Oath for the maintenance of The Petition of Right and other Statutes which shall be made this Parliament 11. That all Officers placed by Parliament hold their places Quam diu bene segesserint as long as they shall act justly 12. That all Members of Parliament put out during this time be restored again 13. That the Justice of Parliament pass upon all Delinquents and that they appear or abide their censure 14. That the general Pardon pass with Exceptions as the Parliament shall advise 15. That all Forts and Castles of this Kingdom be disposed of by Parliament 16. That the King discharge all his Guards and Forces now in being and not raise any other but in case of actual Rebellion 17. That the King enter into strict Alliance with all Protestant Kingdoms and States for their Assistance to recover the Rights of his Sister and her Princely Issue to those Dignities and Dominions which belong to them 18. That the Lord Kimbolton and the Five Members be cleared by Act of Parliament 19. That no Peer hereafter to be made shall sit in Parliament without their consent These propositions were rejected by the King as inconsistent with his Regality so that now Men began to dispair of any good issue for both sides make preparations for War The King sending out his Commissions of Array and the Parliament published an Order June 10. for bringing in money or plate to maintain the Horse Horse-men and Arms for the publick peace and defence of the King and both Houses of Parliament and declared the Kings Commission to be against the Law Liberty and property of the Subject and the Actors therein to be disturbers of the peace and Betrayers of the Subjects Liberty At this time the Lord keeper Littleton having delivered the Great Seal to one Eliot whom the King sent for it durst not stay behind for fear of being questioned but went to the King to York as many of the Peers did likewise whom the King summoning together as also his Privy Council he declares and protests to them That he would not Usurp any Illegal Authority over them but is ready to maintain them against all others that would And that he would defend them from all Votes and Orders of Parliament together with the true Protestant Religion the lawful Liberty of the Subject and the just Priviledges of the Three Estates of Parliament nor will he Engage them in any War but what shall be for the necessary defence of his and their rights Whereupon they all ingaged to him their Duty and Allegiance in a most Solemn-Protestation After which the King sent Letters to Sir Rich. Gurney L. Mayor and the Aldermen and Sheriffs of London forbidding them upon peril of having their Charter questioned to levy Arms or raise Money upon pretence of a Guard to the Parliament or any other Account except only the relief of Ireland or the payment of the Scotch Subjects At this time the King publisheth a General Declaration wherein he descants upon all the Parliaments Declarations for the last 7 Months but especially the last professing that hence forward he expects they should break out into disloyal Actions declaims against their making the defence of the King to be the pretence for their raising Forces protests his own constant Resolution for the preserving of Peace Religion the Laws and Subjects Liberties and expects all his Subjects to assist him against the Traiterous Attempts of such Men as would destroy his Person Honour and Estate and bring on a Civil War engaging that whosoever shall bring to him Money Ammunition Horse or Arms shall receive Eight Pound per Cent. Consideration and have good Assurance of both Principal and Interest upon his Forrest Lands Parks and Houses After this the King by Proclamation forbids all Levies of Forces and all Contributions to such Levies without his express pleasure grounding it upon several Statutes as 7 Edw. 1. 2 Edw. 3. And then minds them of their Oath of Allegiance by which they were bound to be Faithful not to the King only as King but to his Person as King Charles contrary to the Parliaments distinction betwixt his Person and his Authority his Person at York and his Authority in Parliament and concludes with justifying his Commission of Array which were now Issued out in several Counties in England and Wales to this the Parliament reply and the King again to them which was followed by several Messages to and fro all which rather exasperated than allayed the difference and now began England to be divided as Italy once was into Guelphes and Gibbellines so they into Rovallists and Presbyterians or Cavaleers and Roundheads After this the King makes a Progress from York into the Counties of Nottingham and Lincoln and Summons the Gentlemen and Freeholders to Newark he Caresses them with the most obliging expressions imaginable And July 11 1642 His Majesty sends a Message to the Parliament to Certifie them of his Intentions to reduce Hull by force if not forthwith delivered to him which if they should do he would then admit of their future Addresses and return such Propositions as might best conduce to prevent the approaching War together with this Message he sent them likewise a Copy of the Proclamation which he had publish'd against Sir J. Hotham wherein he complains of the Affront done to his Person by Sir J. and of the Parl. justifying that Action by their Votes and Orders That Hotham having fortified the Town and drown'd the Countrey had also set out a Pinnace at Sea which had intercepted his Pacquet Boat with the Queens Letters and that the E. of Warwick contrary to the Kings Command
And that as soon as his Majesty and both Houses may be secured from such Tumultuous Assemblies as to the High dishonour of the Parliament had awed the Members of the same which he conceived could not otherwise be done but by adjourning the Parliament to some place Twenty miles from London such as the Houses should agree upon His Majesty most chearfully and readily would consent to the disbanding of the Armies and would return speedily to his Two Houses of Parliament according to the Time and Place which they should agree upon Upon this Message the Parliament resolved to call back their Commissioners and so April 15. the Treaty ended About the beginning of last March the L. Brook marched toward Northampton and seizing the Ammunition there he went from thence to Warwick and so to Stratford upon Avon and beat Coll. Crockers and Lt. Coll Wagstaff's Forces out of that Town after which Besiegeing Litchfield one of the Kings Party shooting at a venture at the window of his Chamber the bullet pierced him in the Eye of which he immediately dyed yet his Souldiers being heightned with Revenge took the Close with the E. of Chesterfield and all his Souldiers and Ordnance after which Prince Rupert and the Earl of Northampton joining their Forces fell upon the Parliamentarians at Lichfield where the E. of Northampton was slain in the head of his Troop yet Lieut. Coll. Russel who commanded it despairing of succour yielded up the Place to Prince Rupert upon Honourable Conditions and marched away to Coventry April 17. 1643. the E. of Essex sate down before Reading and made two assaults but was repulsed The King marched from Oxford to Wallingford for its relief but Essexes Army increasing daily with fresh supplies from London both Parties happened to Skirmish at Causum Bridge where many of the Kings Forces were slain and forced to retreat whereupon the Town was a while after surrendred by Coll. Fielding who was made Deputy Governour in the room of Sir Arthur Aston who was disabled by a bruise he received in his head with a Brick-bat Fielding was for this Sentenced by a Council of War at Oxford to lose his Head but by the Intercession of Friends was pardoned May 3. Cheapside Cross was demolished a Troop of Horse and two Companies of Foot waiting to see it done and at the fall of the Top Cross Drums beat Trumpets blew and a great shout was made Charing-cross and all other Crosses in and about London were likewise pulled down about the same time In the mean time the breach between the King and Parliament became wider than ever so that they proceeded to draw up Articles of High Treason against the Queen some of which were That she had pawned the Crown Jewells in Holland That she had favoured the the Rebellion in Ireland That she had endeavoured to raise a Party in Scotland against the Parliament and that she had gone in the head of a Popish Army in England Several other Articles were framed against her upon which Mr. Pym carried up an Impeachment to the Lords who seemed at first surprized therewith but they afterward agreed to the Charge The Queen had about this time raised an indifferent Army of Horse and Foot and leaving some Horse and Foot with Sir Charles Cavendish for defence of Lincoln-shire and Nottingham-shire she with 3000 foot three Companies of Horse and Foot six Canons and two Mortar pieces met the King at Edge-hill and goes from thence with him to Oxford Several Encounters happened in the West between Sir Ralph Hopton for the King and Sir G. Chudleigh then Commander of the Parliaments Forces where sometimes one Party was Victorious and then the other Collonel Nath. Fines Governout of Bristoll about this time discover'd a design of Robert Yeomans and George Bouchier to deliver up that City to the Kings Forces upon which they were Condemned by Council of War and hanged May 30 notwithstanding the Kings Letter to the Maior and Citizens and General Ruthens to the Governour on their behalf And so ends this month famous by the Death of Mr. John Pym that active Person in the House of Commons In June 1643. Mr. Waller a Member of the House of Commons Mr. Tomkins Mr. Challoner Mr. Hasel Mr. Blinkhorn Mr. White and others were Arraigned at Guild-Hall London they being charged For designing to seize into their Custody the Kings Children some Members of Parliament the L. Mayor and Committee of the Militia all the Cities Outworks and Forts the Tower of London and all the Magazines and then to let in the Kings Forces to surprize the City Upon this Indictment they were Tryed and Condemned but Tomkins and Challoner onely were hanged Some Skirmishes passed between the E. of Essex and P. Rupert who ingaging about Tame in Oxfordshire The Prince routed a body of Horse in Chalgrave Field where Mr. John Hambden recieved his mortal wounds but in the West the Parliaments Forces had better success where they took in the Towns of Taunton and Bridgewater At this time finding the want of a Great Seal the Parliament after long debates Voted That a new Seal should be made for Confirmation of their Acts and Ordinances which was forthwith done and thereon was Ingraven the Picture of the House of Commons and Members sitting and on the other side the Arms of England and Ireland but between the Voting and making this Seal they passed this Order That if the L. Keeper Littleton upon Summons did not return with the great Seal within fourteen dayes he should lose his Place and whatsoever should be Sealed therewith by him after that time should be null and void in Law And presently after Mr. Hen. Martin a Member of Parliament seized upon the Regalia which were reposited in Westminster Abby telling some of his Accomplices That the time would come wherein there would be no need of Crowns and Scepters July 5. 1643. Sir Will. Waller meets with Sir Ralph Hopton's Forces at Landsdown near Bath who though fewer than Sir Williams yet maintained the fight from two in the afternoon till one the next morning and then Sir Williams Party forsook the Field Hopton himself was hurt and lost divers Gentlemen of note but the Parliaments loss was more Hopton marches to the Devizes in Wilt-shire and Waller after him whereupon the King sent 1500 Horse from Oxford to Hoptons relief Waller draws off to Roundway Down and there the Fight began in which the Parliamentarians were defeated and fled leaving the Foot to the mercy of their Adversaries by whom hundreds of them were Slain and more taken with four brass Guns Ammunition and Baggage 28 Colours and 9 Cornets Waller having thus lost his Army posts to London with a few followers for Recruits This Fight happened July 13. Some difference arising in the North between L. Fairfax General for the Parliament and Sir John Hotham Governour of Hull who refused to submit to the L. Fairfax the Parliament designed to displace Hotham which he
of his Staff fell off the which he wondered at and seeing none to take it up he stoop'd for it himself and put it in his pocket 2. That as the King was going away he looking with a very austere countenance upon the Court without stirring of his Hat replyed Well Sir when the L. President commanded the Guard to take him away and at his going down he said I do not fear that pointing with his staff at the Sword The people in the Hall as he went down the stairs cryed out some God save the King and some for Justice O yes being called the Court adjourned till Monday next January 22. at 9. in the morning to the Painted Chamber and from thence to the same place again in Westminster Hall January 21. being Sunday the Commissioners kept a Fast at White-Hall there Preached Mr. Spigge his Text was He that sheds Mans blood by Man shall his blood be shed next Mr. Foxeley his Text Judge not least you be judged Last was Mr. Peters his Text was I will bind their Kings in Chains and their Nobles in fetters of Iron At the High-Court of Justice sitting in Westminster-Hall Monday Jan. 22. 1648. O Yes made Silence commanded The Court called and answered to their Names Silence commanded upon pain of imprisonment and the Captain of the Guard to apprehend all such as make disturbance Upon the Kings coming in a shout was made Command given by the Court to the Captain of the Guard to fetch and take into his custody those who make any disturbance Mr. Solicitor May it please your Lordship my Lord President I did at the last Court in the behalf of the Commons of England exhibit and give into this Court a Charge of High Treason and other high Crimes against the Prisoner at the Bar whereof I do accuse him in the name of the People of England and the Charge was read unto him and his Answer required My Lord he was not then pleased to give an Answer but in stead of answering did there dispute the Authority of this High Court My humble Motion to this High Court in behalf of the People of England is That the Prisoner may be directed to make a positive Answer either by way of Confession or Negation which if he shall refuse to do that the matter of Charge may be taken pro confesso and the Court may proceed according to Justice President Sir You may remember at the last Court you were told the occasion of your being brought hither and you heard a Charge against you containing a Charge of high Treason and other high Crimes against this Realm of England you heard likewise that it was prayed in the behalf of the People that you should give an answer to that Charge that thereupon such proceedings might be had as should be agreeable to justice you were then pleased to make some scruples concerning the Authority of this Court and knew not by what Authority you were brought hither you did divers times propound your Questions and were as often answered that it was by Authority of the Commons of England assembled in Parliament that did think fit to call you to an account for those high and capital misdemeanours wherewith you were then charged Since that the Court hath taken into Consideration what you then said they are fully satisfied with their own Authority and they hold it fit you should stand satisfied with it too and they do require it that you do give a positive and particular Answer to this Charge that is exhibited against you they do expect you should either confess or deny it if you deny it is offered in the behalf of the Nation to be made good againsts you their Authority they do avow to the whole world that the whole Kingdom are to rest satisfied in and you are to rest satisfied with it and therefore you are to lose no more time but to give a positive Answer thereunto King When I was here last 't is true I made that Question and truly if it were onely my own particular case I would have satisfied my self with the Protestation I made the last time I was here against the Legality of this Court and that a King cannot be tryed by any Superiour Jurisdiction on Earth but it is not my case alone it is the Freedom and the Liberty of the people of England and do you pretend what you will I stand more for their Liberties For if power without Law may make Laws may alter the fundamental Laws of the Kingdom I do not know what Subject he is in England that can be sure of his life or any thing that he calls his own therefore when that I came here I did expect particular Reasons to know by what Law what Authority you did proceed against me here and therefore I am a little to seek what to say to you in this particular because the Affirmative is proved the Negative often is very hard to do but since I cannot perswade you to do it I shall tell you my Reasons as short as I can My Reasons why in Conscience and the duty I owe to God first and my People next for the preservation of their Lives Liberties and Estates I conceive I cannot answer this till I be satisfied of the legality of it Here the King would have delivered his Reasons All proceedings against any man whatsoever President Sir I must interrupt you which I would not do but that what you do is not agreeable to the proceedings of any Court of Justice you are about to enter into Argument and dispute concerning the Authority of this Court before whom you appear as a Prisoner and are charged as an high Delinquent if you take upon you to dispute the Authority of the Court we may not do it nor will any Court give way unto it you are to submit unto it you are to give in a punctual and direct Answer whether you will answer to your Charge or no and what your Answer is King Sir by your favour I do not know the forms of Law I do know Law and Reason though I am no Lawyer professed yet I know as much Law as any Gentleman in England and therefore under favour I do plead for the Liberties of the People of England more than you do and therefore if I should impose a belief upon any man without Reasons given for it it were unreasonable but I must tell you That by that Reason that I have as thus informed I cannot yield unto it President Sir I must interrupt you you may not be permitted you speak of Law and Reason it is fit there should be Law and Reason and there is both against you Sir the Vote of the Commons of England Assembled in Parliament it is the Reason of the Kingdom and they are these too that have given that Law according to which you should have ruled and reigned Sir you are not to dispute our Authority you are told it again by
under which they must live and by which they must be governed And then Sir the Scripture says They that know their Masters Will and do it not what follows The Law is your Master the Acts of Parliaments the Parliaments were to be kept anciently we find in our Author twice in the year That the Subject upon any occasion might have a ready remedy and redresse for his Grievance Afterwards by several Acts of Parliament in the dayes of your Predecessor Edward the third they must have been once a year Sir what intermission of PARLIAMENTS hath been in your time it is very well known and the sad consequences of it and what in the interim instead of these Parliaments hath been by you by an high and Arbitrary hand introduced upon the People that likewise hath been too well known and felt But when God by his Providence had so brought it about that you could no longer decline the calling of a Parliament Sir yet it will appear what your ends were against the Ancient and your Native Kingdom of Scotland The Parliament of England not serving your ends against them you were pleased to dissolve it Another great necessity occasioned the calling of this Parliament and what your designs and plots and endeavours all along have been for the ruining and confounding of this Parliament hath been very notorious to the whole Kingdom And truly Sir in that you did strike at all that had been a sure way to have brought about that that this layes upon you Your Intention to subvert the Fundamental Laws of the Land For the great bulwark of Liberty of the People is the PARLIAMENT of England and to Subvert and Root up that which your aim hath been to do certainly at one blow you had confounded the Liberties and the Propriety of England Truly Sir it makes me call to mind I cannot forbear to express it for Sir we must deal plainly with you according to the merits of your cause so is our Commission it makes me call to mind these proceedings of yours that we read of a great Roman Emperor by the way let us call him a great Roman Tyrant Caligula that wisht that the People of Rome had had but one Neck that at one blow he might cut it off and your proceedings hath been somewhat like to this for the body of the people of England hath been and where else represented but in the Parliament and could you have but confounded that you had at one blow cut off the neck of England but God hath reserved better things for us and hath pleased for to Confound your designs and to break your Forces and to bring your Person into Custodie that you might be responsible to Justice Sir we know very well That it is a question on your side very much Press'd By what president we shall proceed Truly Sir for Presidents I shall not at this present make any long discourse but it is no new thing to cite Presidents almost of all Nations where the People when power hath been in their hands have not sticked to call their Kings to account and where the change of Government hath ensued upon occasions of the Tyranny and Mis-government of those that have been placed over them I will not spend time to mention France or Spain or the Empire or other Countries Volumes may be written of them But truly Sir that of the Kingdom of Arragon I should think some of us have thought upon it where they have the Justice of Arragon that is a man tanquam in medio positus betwixt the King of Spain and the people of the Country that if wrong be done by the King he that is the King of Arragon the Justice hath power to reform the wrong and he is acknowledged to be the Kings Superiour and is the grand preserver of their priviledges and hath prosecuted Kings upon their miscarriages Sir What the Tribunes of Rome were heretofore and what the Ephori were to the Lacedaemonian State we know that is the Parliament of England to the English State and though Rome seem to have lost its liberty when once the Emperours were yet you shall find some famous Acts of Justice even done by the Senate of Rome that great Tyrant of his time Nero condemned and judged by the Senate But truly Sir to you I should not mention these Forreign examples and stories If you look but over Tweed we find enough in your native Kingdom of Scotland If we look to your first King Forgusius that your stories make mention of he was an Elective King he died and left two Sons both in their minority the Kingdom made choice of their Unkle his Brother to govern in the minority afterwards the Elder Brother giving small hopes to the People that he would rule or govern well seeking to supplant that good Unkle of his that governed them justly they set the Elder aside and took to the Younger Sir if I should come to what your stories make mention of you know very well you are the 109th King of Scotland for to mention so many Kings as that Kingdom according to their power and priviledge have made bold to deal withal some to banish and some to imprison and some to put to death it would be too long and as one of your Authors sayes it would be too long to recite the manifold examples that your own stories make mention of Reges say they we do create we created Kings at first Leges c. We imposed Lawes upon them and as they are chosen by the suffrages of the People at the first so upon just occasion by the same suffrages they may be taken down again and we will be bold to say that no Kingdom hath yielded more plentiful experience than that your Native Kingdome of Scotland hath done concerning the deposition and the punishment of their offending and transgressing Kings c. It is not far to go for an example near you your Grandmother set aside and your Father an Infant crowned and the State did it here in England here hath not been a want of some examples they have made bold the Parliament and the People of England to call their Kings to account there are frequent examples of it in the Saxons time the time before the Conquest since the Conquest there wants not some Presidents neither King Edward the second King Richard the second were dealt with so by the Parliament as they were deposed and deprived and truly Sir whoever shall look into their stories they shall not find the Articles that are charged upon them to come near to that height and capitalness of Crimes that are layed to your charge nothing near Sir you were pleased to say the other day wherein they descend and I did not contradict it but take altogether Sir if you were as the Charge speaks and no otherwise admitted K. of England but for that you were pleased then to alledge how that almost for a thousand years these things have
are just upon me Many times he does pay Justice by an unjust Sentence that is ordinary I will only say this That unjust Sentence * * Strafford that I suffered for to take effect is punished now by an unjust Sentence upon me So far I have said to shew you that I am an Innocent man Now for to shew you that I am a good Christian I hope there is * * Strafford Pointing to Dr. Juxon a good man that will bear me witness That I have forgiven all the world and even those in particular that have been the chief causers of my death who they are God knows I do not desire to know I pray God forgive them But this is not all my Charity must go further I wish that they may repent for indeed they have committed a great sin in that particular I pray God with St. Stephen that this be not laid to their charge nay not only so but that they may take the right way to the peace of the Kingdom for my Charity commands me not only to forgive particular men but my Charity commands me to endeavour to the last gasp the Peace of the Kingdom So Sir I do wish with all my Soul and I do hope there is some here * * Turning to some Gentlemen that wrote will carry it further that they may endeavour the Peace of the Kingdom Now Sirs I must shew you both how you are out of the way and will put you in the way First you are out of the way for certainly all the way you ever have had yet as I could find by any thing is in the way of Conquest certainly this is an ill way for Conquest Sir in my opinion is never just except there be a good just Cause either for matter of wrong or just Title and then if you goe beyond it the first quarrel that you have to it is it that makes it unjust at the end that was just at first But if it be only matter of Conquest then it is a great Robbery as a Pirate said to Alexander that he was the great Robber he was but a petty Robber and so Sir I doe think the way that you are in is much out of the way Now Sir for to put you in one way believe it you will never do right nor God will never prosper you until you give God his due the King his due that is my Successors and the People their due I am as much for them as any of you You must give God his due by regulating rightly his Church according to his Scriptures which is now out of order For to set you in a way particularly now I cannot but only this A National Synod freely called freely debating among themselves must settle this when that every Opinion is freely and clearly heard For the King indeed I will not Then turning to a Gentleman that touched the Ax said Hurt not the Ax that may hurt * * Meaning if he did blunt the edge me For the King the Laws of the Land will clearly instruct you for that therefore because it concerns my own particular I only give you a touch of it For the people and truly I desire their Liberty and freedom as much as any body whosoever but I must tell you that their Liberty and freedom consists in having of Government those Laws by which their Life and their Goods may be most their own It is not for having share in Government Sir that is nothing pertaining to them A Subject and a Soveraign are clean different things and therefore until they do that I mean That you do put the people in that Liberty as I say certainly they will never enjoy themselves Sir It was for this that now I am come here If I would have given way to an Arbitrarie way for to have all Laws changed according to the power of the Sword I needed not to have come here and therefore I tell you and I pray God it be not laid to your charge that I am the Martyr of the people Introth Sirs I shall not hold you much longer for I will onely say this to you that in truth I could have desired some little time longer because I would have put this that I have said in a little more order and a little better digested than I have done and therefore I hope you will excuse me I have delivered my Conscience I pray God that you doe take those courses that are best for the good of the Kingdom and your own salvations Dr. Juxon Will your Majesty though it may be very well known your Majesties affections to Religion yet it may be expected that you should say somewhat for the worlds satisfaction King I thank you very heartily my Lord for that I had almost forgotten it Introth Sirs My Conscience in Religion I think is very well known to all the world and therefore I declare before you all That I die a Christian according to the profession of the Church of England as I found it left me by my Father and this honest man * Pointing to Dr. Juxon I think will witness it Then turning to the Officers said Sirs excuse me for this same I have a good cause and I have a gracious God I will say no more Then turning to Colonel Hacker he said Take care they doe not put me to pain and Sir this and it please you But then a Gentleman coming near the Ax the King said Take heed of the Ax pray take heed of the Ax. Then the King speaking to the Executioner said I shall say but very short Prayers and when I thrust out my hands Then the King called to Doctor Juxon for his Night-cap and having put it on he said to the Executioner Does my hair trouble you who desired him to put it all under his Cap which the King did accordingly by the help of the Executioner and the Bishop then the King turning to Doctor Juxon said I have a good Cause and a gracious God on my side Doctor Juxon There is but one Stage more this Stage is turbulent and troublesome it is a short one But you may consider it will soon carry you a very great way it will carry you from Earth to Heaven and there you shall find a great deal of cordial joy and comfort King I goe from a corruptible to an incorruptible Crown where no disturbance can be no disturbance in the world Doctor Juxon You are exchanged from a Temporal to an Eternal Crown a good exchange The King then said to the Executioner Is my hair well Then the King took off his Cloak and his George giving his George to Doctor Juxon saying Remember * It is thought for to give it to the Prince Then the King put off his Doublet and being in his Wastcoat put his Cloak on again then looking upon the Block said to the Executioner You must set it fast Executioner It is fast Sir King When I