the rumours of the people concerning his Fathers death a War is proclaimed against Scotland to revenge those overthrows the English had received from their valiant Chieftain King Robert le Bruce but by the treason of the Lord Mortimer who is said to have received bribes from the Scots the journey proved unsuccessful the young King hardly escaping with life for one Sir James Dowglass a valiant Scot with 200 light horses assailed the Kings own Pavilion where the King was so near death that a Chaplain of his who stoutly behaved himself was slain in his masters defence and Sir James retired from thence with safety These treasons of the Lord Mortimer together with his excessive pride and over much familiarity with the Queen-Mother made him so distasteful unto the Lords that notwithstanding his strong guard consisting of no less then ninescore Knights he was by the young King and the confederate Lords surprized on a sudden at Nottingham Castle from thence removed to the City of London condemned of treason and executed at the common Gallows And here may the King be said to begin his Reign living before at the Queen and the Lord Mortimers allowance which was onely the third part of the Revenews of the Crown which now he assumeth all to himself putting the Queen to a pension of a thousand pounds a year and confining her to a Castle all the dayes of her life such was the miserable condition of this wretched Woman the Daughter Sister Wife and Mother of a King as one of our Moderns hath it So true is that the wise man once did say That none are happy till their dying day King Edward having thus raised himself would next out of Charity help his Neighbour Edward Baliol Son to John Baliol sometimes King of Scotland having remained in France two and thirty years comes over into England whom King Edward aids against his Brother in Law King David who at that time was with the King of France at Hallidown-Hill where he utterly defeats the whole power of Scotland slew of them 7. Earls 90. Knights and Banerets 400. Esquires and 32000. common Souldiers causing Baliol to be Crowned King doing homage to King Edward as his superior Lord for which though he had the Knees he had not the Hearts of his people who would be subject to none that were subject to another But these were but petty actions scarce worth the rehearsal considering what he performed afterwards his endeavours for the French Crown which that I may in order describe I will begin with the original cause of this invasion King Phillip of France dying without issue the right of succession unto that Crown belonged to King Edward as nearest in blood being his Sisters Son but Philip of Valois the Heir to Charles a former King usurps the Crown pretending a Law which they call Salique wherein Females are debarred from inheritance or as they term it the distaff from meddling with the Crown according to that in the 6. of Matthew Consider the Lillies the arms of France how they grow they toil not neither do they spin Philip hereupon summons Edward to do homage for the Lands he held in France which though prejudicial to his after claim yet in regard his Kingdome of England was scarce well settled and himself but young he was contented to do but this his Homage was exacted with such pride on the French Kings part that it left a rancour in his heart for ever after so that returning into England he studies revenge nor long wants he an instrument to spur him on for one Robert of Arthois being banished out of France comes over into England and becomes an incendiary betwixt the two Kings this fugitive King Edward entertains makes him Earl of Richmond and one of his Council then passing over into Flanders by perswasion of the Flemings he takes upon him the Stile Title and Arms of the King of France who hereupon establish a League with him accounting themselves disobliged of the Bond of tweny hundred thousand Crowns which they had entred into never to bear Arms against the King of France confederating himself with them and many other Princes with a well selected army he enters France King Philip on the other side was not idle but draws to his part the King of Bohemia the Bishop of Leige Earl of Luxembourge Henry Count Palatine Aubut Bishop of Metz Otho Duke of Austria Ame Earl of Geneva with many other and with a mighty Army confronting King Edward near to Vermandeis who notwithstanding part without doing any thing worth the relating unless we should relate what to some way seem ridiculous A Hare starting out before the head of the French Army caused a great shout to be made whereupon they who saw not the Hare but onely heard the shout supposing it to be the onset to the Battel disposed themselves to fight and fourteen Gentlemen for encouragements sake as the custom is were Knighted called afterward in merriment Knights of the Hare King Edward returning into England left the Earls of Salisbury and Suffolk in Flanders to oppose the French who having performed many great exploits in an encounter near Lisle were both taken prisoners King Edward to repair this loss prepares again for France to impeach whose landing King Philip had provided a Navy of 200. sail whereof when Edward was advertised he prepares the like number of ships to encounter with them and sets out to Sea upon Midsummer-eve the next day Sir Robert Morley brings an addition to his Fleet which joyned together set upon the French in the Haven of Sluce defeated their whole Navy took and sunk all their Ships and slew thirty thousand of their men as a Poet versifies on those times Thus Salsburies and Suffolks loss which they Receiv'd on Land at Sea was washt away Many of the French to escape killing drowned themselves trusting to the mercy of the Waves rather then to the pitty of the English which made the French Kings Jeaster set on to give him notice of this overthrow to repeat often in the Kings hearing Cowardly English men Dastardly English men Faint-hearted English men and being by the King asked the reason why Because said he they durst not leap out of their Ships into the Sea as our brave French men did by which speech the King came to have knowledge of their overthrow The French lay the blame of this defeat on one Buchet who having a chief command in the Navy armed his ships with men of base condition content with small pay and refused Gentlemen and sufficient Souldiers in regard they required greater wages according to the old Law When covetous Chiefs are sparing of their Crowns Few Souldiers will be prodigal of wounds Edwards Wings thus plumed with Victory he flies amain to the Siege of Tournay with an Army of five and fifty thousand where he is encountred by the Duke of Burgandy and Earl of Armigniack who slew four thousand of his men upon the place
hath this worthy Princes fame been blasted by malicious traducers who like Shakespear in his Play of him render him dreadfully black in his actions a monster of nature rather then a man of admirable parts whose slanders having been examined by wise and moderate men they have onely found malice and ignorance to have been his greatest accusers persons who can onely lay suspition to his charge and suspition in Law is no more guilt then imagination as the divine Father Chrysostom faith A good man hardly suspecteth another to be evill but an evill man scarcely supposeth any to be good King Richard had three great Favourites as Princes are seldome without some and those according to the constant custom of the World must be envied Catesby Ratcliffe and Lovel King Richards own Arms being the Bore upon which one Collingborne of the West fancied this Libel which in those times was received for excellent Wit The Cat the Rat and Lovel the Dog Rule all England under a Hog But leaving such trifles to return to King Richard Henry Earl of Richmond ambitious of Sovereignty envying his prosperity practises with forreign Princes and confederates with the English Nobles for Assistance and Forces against King Richard The chief abettor in England he had on his side was the Duke of Buckingham one who had formerly constantly adhered to King Richards side but being by him denyed the Earldome of Hereford and Constableship of England grew discontented took up Arms was defeated and afterwards by Marshall Law put to death Yet did not this break the neck of Henries design but having by his fair deportment gained Force from the Duke of Brittain and some other Princes envious of the prosperity of the House of York Richmond puts forth to Sea and lands at Milford-Haven in Wales after some refreshing he marches to a Town called Haverford-West where the people who flocked to him in great number welcomed him as a Prince descended from their ancient Princes of Wales the people generally being very noble and loving to their Brittish Kindred Hither came to him with great Forces the Earl of Salop Sir Rice ap Thomas Sir Walter Herbert Sir John Savage Sir Gilbert Talbot and many others His Army thus strong and united he passes the Severne and marches to Leichfield King Richard hearing of his arrivall prepareth against him but though he thought the Nobility generally cemented to his side yet found he a general defluxion from them to the other side the Earl of Surrey the Earl of Westmerland Viscount Lovel and John Duke of Norfolk being the principall that stuck to him which last was much importuned to have fallen off from him the night before the Battel one writing this Rime upon his Gate Jack of Norfolk be not too bold For Dicken thy master is bought and sold But he regarding more his fidelity then any danger that could befall him doubles his care and diligence on the behalf of his Sovereign The Earl of Northumberland who had received great favours from the King and who had in his Name raised vaste Forces being sent for by him refused to come pretending for his disobedience certain dreams wherein he was forewarned by his Father for to fight on King Richards side But the greatest defection was in the Lord Stanley who notwithstanding he had left his Sonne George Stanley as a Pledge of his faith with the King yet revolted to the other side King Richard notwithstanding all these disadvantages having encouraged his Army gives Richmond a Battle where valiantly fighting after he had with his own hands slain Sir Charls Brandon the Earls Standard-bearer and unhorsed Sir John Cheny and shewed himself a most Heroick Person being over-powered with multitude he was slain on the place With him died the Duke of Norfolk the Earl of Surrey was taken Prisoner and the whole Army quite defeated This Battle was fought at a Village called Bosworth near to Leicester The Victor was crowned in the Field by Sir VVilliam Stanley with King Richards Crown which he as a valiant and confident Master of his right had worn that day King Richards dead body after it was most barbarously mangled and wounded was thrown behinde one upon a lean Jade and so conveyed to Leicester where at last it obtained a bed of earth honourably appointed by the order of King Henry the Seventh in the chief Church of Leicester called Saint Maries belonging to the Order and Society of Grey Friers the King in short time after causing a fair Tomb of mingled colour'd Marble adorned with his Statue to be erected thereupon And notwithstanding the times were such when this great Prince lived that he had scarcely time to sheath his sword yet left he behinde him many Monuments of his Piety He founded a Collegiate Church of Priests in Middleham in Yorkshire another Colledge of Priests in London in Tower-street near to the Church called our Lady Barking he built a Church or Chappel in Towton in Glocestershire he founded a Colledge in York convenient for the entertainment of an hundred Priests he built the high stone Tower at Westminster and when he had repaired and fortified the Castle of Carlile he founded and built the Castle of Perrith in Cumberland He began many other good Works which his sudden fatt prevented as Polidor Virgil witnesseth which Works and Monuments of Piety shew not the Acts of a Tyrant I shall end all with this Eulogy which a learned Writer gives him King Richard was a stout valiant person ever indulgent to his People careful to have their Laws duly observed his making so many good ones if they signified not some goodness in himself were evident arguments of his more then ordinary love to Law and Justice The Life of THOMAS HOWARD Earl of SURREY THomas Howard Earl of Surrey in his time the Ornament of Mars and the Muses was Son to Sir John Howard Knight first made Barron by King Edward the Fourth and afterwards Duke of Norfolk by King Richard the Third in whose quarrel he was slain This noble Earl his Son having been well educated and afterwards trained up in Court his Martial minde hating those silken pleasures admired of Courtiers he with divers other young Gentlemen went over to Charles Duke of Burgundy who then had Wars with Lewis King of France in whose quarrel he behaved himself so gallantly that he won the honour and reputation of a most expert Commander At his return King Edward for his valour bestowed on him the Order of Knighthood to whose side he constantly adhered in that great difference betwixt him and the House of Lancaster That quarrel being ended by the overthrow of VVarwick he afterwards did excellent service in the Wars betwixt him and Lewis the French King King Edward being dead and the Crown by joynt consent both of Peers and People placed on King Richards head and after confirmed by Act of Parliament he with his Father the Duke of Norfolk held firm to his side notwithstanding the many
provided in kinde where he was freed from corroding cares and seated on such a rock as the waves of want could not probably shake where he might sit in a calm and looking down behold the busie multitude turmoiled and tossed in a tempestuous sea of dangers And as Sir William Davenant has happily exprest the like in another person Laugh at the graver business of the State Which speaks men rather wise then fortunate He died in Decemb. 1639 having compleated seventy three years His will was made by himself above two years before his death wherein he appointed that his Executours should lay over his Grave a plain stone of Marble with this Epitaph enscribed thereon Hic jacet hujus sententiae primus Author Disputandi pruritus Ecclesiarum scabies Nomen alias quaere Which may be englished thus Here 's lies the first Authour of this Sentence The Itch of Disputation will prove the Scab of the Church Enquire his name elsewhere To acquaint the world with two or three other Instances of the readiness of his Wit he having in Rome retained an acquaintance with a pleasant Priest who invited him one evening to hear their Vesper-Musick at Church the Priest seeing Sir Henry stand obscurely in a corner sends to him by a Boy of the Quire this question written in a small piece of paper Where was your Religion to be sound before Luther To which question Sir Henry Wotton presently under-writ My Religion was to be found then where yours is not to be found in the written word of God To another that asked him Whether a Papist may be saved He replyed You may be saved without knowing that Look to your self To another whose earnest zeal exceeded his knowledge and was still railing against the Papists he gave this advice Pray Sir forbear till you have studied the Points better for the wise Italian hath this Proverb He that understands amiss concludes worse And take heed of entertaining this opinion That the further you go from the Church of Rome the nearer you are to God He left behinde him many Monuments of his Learning whose worth are such that they speak themselves more incomparably to posterity then any Eulogies I can bestow upon them Give me leave to conclude with the words of one of the learnedst Modern Criticks That for the generality of the stile throughout his Works 't is most queintly delightful gentle soft and full of all manner of blandishments onely his pen flowed a little too much with the oyly adulation of Court-flattery Questionless if Sir Henry Wotton was reduced to any of these subserviences they were occasioned from his generous expences in the time of his Embassies for his Masters honour who used him as Queen Elizabeth did Sir Francis Walsingham who had but from hand to mouth The Life of THOMAS VVENTWORTH Earl of Stafford and Lord Lieutenant of Ireland TO particularize all the actions of the Earl of Strafford would of its self require an intire Volume it being a Garden of choice Varieties wherein points of Law are interwoven with Acts of State and the Affairs of Ireland as in the same Escutcheon quartered with those of England I shall onely take a superficial view of his life and not strain my self ambitiously to shew forth the utmost reach of his perfections he being a rare conjunction of Courage attended with loyalty to danger Wisdom accompanied with Eloquence to admiration who could both think and speak speak and do whose answers and replyes to the Articles exhibited against him by the House of Commons show his abilities to be such that whatsoever is spoken of him is infinitely below what was spoken by himself He was born in Yorkshire well descended and as well educated which fitted him to sustain the weighty Affairs he afterwards underwent A great stickler at the first against the Prerogative until allured by Court-preferment he turned Royalist for the King finding his worth and ability never left till he had gained him to himself obliging him to his side by many titles of honour and places of trust whose services he found equivalent to his favours continuing to his death a trusty servant a faithful friend a prudent Counsellour and a constant adherer to his side in all his exigencies The greatest services he did to the King were during the time he was Lieutenant of Ireland by his augmenting and advancing the Kings Revenues there restoring the Churches maintenance suppressing the Out-laws establishing obedience to Royal Authority impediting the Tyranny and usurpation of the great ones over the Commons causing the Irish to leave off many of their barbarous customs and conform themselves to the more civil manners of the English which drew much hatred upon himself for changes though for the better are most times ill resented by the vulgar witness those troubles in England in the time of King Edward the Sixth Nor could these innovations have found more dislike in any Nation under the Heavens then Ireland so wedded are those people to their ancient vain ridiculous customs But since I have inserted his most remarkable actions in the Life of King Charles I shall omit those passages and come to his solemn Trial so paramount in the Equipage of all Cirumstances that as former ages have been unable so future are unlikely to produce a parallell of them This great Minister of State was by the Parliament well known for the length of it accused with twenty eight Articles of High Treason February 16. 1640. The particulars are too long for me here to recite the substance of them being that he endeavoured to subvert the Fundamental Laws and Governments of the Realms of England and Ireland and enriching himself by indirect wayes in his office for incensing the King against the Scots for endeavouring to set things amisse betwixt his Majesty and the people and to have given counsel tending to the disquiet of the three Kingdoms The 13. of April following began his Trial in Westminster-Hall where there was a Throne erected for the King on each side whereof a Cabinet inclosed about with boards and before with a Tarras before that were the Seats for the Lords of the upper House and sacks of wool for the Judges before them ten stages of seats extending further then the midst of the Hall for the Gentlemen of the House of Commons at the end of all was a desk closed about and set apart for the Lord Lieutenant and his Councel The Earl of Arundel was Lord High Steward his Accusers were Pym Glin Mainard Whitlock St. Johns Palmers Sir Walter Earls Stroud Selden Hampden and others Many dayes were spent and much Rhetorick used on both sides for the Lieutenant was no childe but as cunning in the art of defence as any man in England equal if not surpassing his Predecessour the Earl of Kildare in the time of King Henry the Eighth But the House of Commons were implacable in their hatred towards him nothing being satisfactory to them but his downfal So
universal grievance of your people 7. The great grief of your Subjects by long intermission of Parliaments and the late and former dissolution of such as have been called without the happy effects which otherwise they might have produced For remedy whereof and prevention of the dangers that may arise to your Royal Person and to the whole State they do in all humility and faithfulness beseech your most excellent Majesty that you would be pleased to summon a Parliament within some convenient time whereby the causes of these and other great Grievances which your people lye under may be taken away and the Authours and Councellors of them may be brought to such legal trial and condign punishment as the nature of their several offences shall require And that the present War may be composed by your Majesties wisdom without blood in such manner as may conduce to the honour and safety of your Majesties person the comfort of your people and the uniting of both your Realms against the common enemy of the reformed Religion And your Majesties Petitioners shall ever pray c. Concluded the 28. of August 1640. Francis Bedford Robert Essex Mulgrave Say Seal Edward Howard William Hartford Warwick Bullingbrooke Mandevile Brooke Pagett This Petition being seconded by another from the Scots to the same effect the King the twenty fourth day of the same moneth assembled the Lords together at York where it was concluded that a Parliament should be summoned to convene November the third next ensuing in the mean time a cessation of Arms was concluded between both Nations whereupon the King and Lords posted to London Tuesday November the third according to pre-appointment the Parliament assembled no sooner were they set but Petitions came thronging in from all Counties of the Kingdom craving redress of the late general exorbitancies both in Church and State many who were in prison were ordered to be set at liberty as Pryn Bastwick and Burton and the Bishop of Lincolne and many who were at liberty were ordered to be sent to prison as Sir William Beecher the Earl of Strafford and the Archbishop of Canterbury Secretary Windebank and the Lord Keeper Finch who was forced to flye the Land Ship-money was voted down the late Cannons damn'd Peace is concluded with Scotland and three hundred thousand pound allowed them for reparations This was summarily the first actings of the Parliament which gave much content to many people especially the Londoners who to the number of 15000. Petition for the abolishing of Episcopacy it self Indeed some few of the Cleargy at this time as at all others were corrupt in their lives many of them being vicious even to scandal yea many of those who pretended much purity in their conversations were most covetous and deceitful in their dealings besides their pride was intollerable insomuch that a great one amongst them was heard to say He hoped to live to see the day when a Minister should be as good a man as any upstart Jack Gentleman in England Well therefore might it it be said of the Priests of our times what Gildas sirnamed the wise wrote of the Priests of his time Sacerdotes habet Britannia sed insipientes quam plurimos Ministros sed impudentes clericos sed raptores subdeles c. Great Brittain hath Priests indeed but silly ones Ministers of Gods word very many but impudent a Cleargy but given up to greedy rapine c. Yet let none mistake me I write not thus to perswade any to an ill opinion of the Ministry for though our Church had cause to grieve for the blemishes of many yet might she glory in the ornaments of more so that Episcopacy received not at this time the fatal blow but was onely mutilated in her former glory the House of Commons voting that no Bishop shall have any vote in Parliament nor any Judicial power in the Star Chamber nor bear any sway in Temporal Affairs and that no Cleargy-man shall be in Commission of the Peace The Parliament having thus set bounds to the exorbitant power of the Cleargy they next fell upon the Tryal of the Deputy of Ireland who as you heard not long before was committed prisoner to the Tower this man at first was a great stickler against the Prerogative until allured by Court preferment he turned Royalist Westminster Hall was the place assigned for his Tryal the Earl of Arundel being Lord High Steward and the Earl of Lindsey Lord High Constable the Articles charged against him being very many are too long to recite I having more at large in their place inserted them in his Life The sum of them were for ruling Ireland and the North of England in an arbitrary way against the Laws for retaining the Kings revenue without account for encreasing and encouraging Popery for maliciously striving to stir up and continue enmity betwixt England and Scotland and for labouring to subvert Parliaments and incense the King against them yet notwithstanding this high charge the Earl by his answers so cleared himself that the King told the Lords he was not satisfied in Conscience to Condemn him of high Treason but acknowledged his misdemeanours to be very great at last wearied with the clamours of the people the Earl also by a letter desiring the same he granted a Commission to four Lords to Sign the Bill for his Execution which Execution was accordingly performed on Tower-hill May 10. 1641. Thus dyed this unhappy Earl a sacrifice to the Scots revenge cut off as it was thought not so much for what he had done as for fear of what he afterwards might do a man of the rarest parts and deepest judgement of any English man of our late times The same day fatal to the King he Signed the Bill for the Deputy of Irelands death he also Signed the Bill for a trienial or perpetual Parliament which should not be dissolved without consent of both Houses some say Duke Hamilton counselled him to it others say it was the Queen whoever it was it was his ruine for the Parliament now fearless of a dissolution began to act in an higher way then before being fortified with a strong guard of Souldiers whereof the Earl of Essex was Captain they without the Kings leave or knowledge appoint an extraordinary Assembly in the City that should mannage all weighty and great occurrences and to weaken his Majesty the more or rather to satisfie the insolence of the people they cast twelve Bishops into Prison because they went about to maintain their priviledge by the publick Charter The King moved with this accused five of the lower House and one of the upper House of high Treason their names were the Lord Viscount Mandevil Mr. Pym Mr. Hampden Sir Arthur Haslerig Mr. Hollis and Mr. Strowd This action of the Kings was by the Parliament adjudged a great breach of their Priviledges certainly it much encreased the differences between them and left scarce any possibility of reconcilement This small river of
be taken pro Confesso and the Court ot proceed to Justice The President repeats in brief the passages of the last day and commands the King to answer to the Articles of the Charge unless he had rather hear the Capital Sentence against him The king persists to interrogate concerning the Cause and sayes That he less regards his life then his Honour his Conscience the Laws the Liberties of the people all which that they should not perish together there were weighty reasons why he should not prosecute his defence before the Judges and acknowledge a new form of Judicature for what power had ever Judges to erect a Judicature against the King or by what Law was it granted sure not by Gods Law which on the contrary commands obedience to Princes nor by Mans Laws the Laws of our Land sith the Laws of England enjoyn all Accusations to be read in the Kings Name nor do they indulge any power of judging the most abject Subject to the Lower or Commons House neither lastly their Power flow from any Authority which might be pretended extraordinary delegated from the people seeing ye have not askt so much as every tenth man in this matter The President interrupting his Speech rebukes the Kings and bids him be mindeful of his doom affirming once more that the Court was abundantly satisfied of their Authority nor was the Court to hear any reasons that should detract from their power But what sayes the King or where in all the world is that Court in which no place is left for reason Yes answered the President you shall finde Sir that this very Court is such a one But the King presses that they would at least permit him to exhibit his reasons in writing which if they could satisfactorily answer he would yield himself to their Jurisdiction Here the President not content to deny grew into anger demanding the Prisoner to be taken away The King replied no more to these things then Remember sayes he this is your King from whom you turn away your ear in vain certainly will my Subjects expect Justice from you who stop your ears to your King who is ready to plead his Cause The Saturday after the 27. of January before they assembled sixty eight of the Tryers answered to their names The President in a Scarlet Robe and as the King Came the Souldiers cryed out for Execution of Justice The King speaks first and desires to be heard a word or two but short and yet wherein he hopes not to give just occasion wherein to be interrupted and goes on A sudden Judgement sayes the King is not so soon recall'd But he is sharply reproved of contumacy The President profusely praises the patience of the Court and commands him now at length to submit otherwise he shall hear the sentence of of death resolved upon by the Court against him The King still refuses to plead his Cause before them but that he had some things conducible to the good of his people and the peace of the Kingdom which he desires liberty to deliver before the Members of both Houses But the President would not vouchsafe him so much as this favour least it should tend he said to the delay and retardation of Justice To which the King replies It were better to sustain a little delay of a day or two then to precipitate a Sentence which will bring perpetual Tragedies upon the Kingdom and miseries to Children unborn If sayes he I sought occasion of delay I would have made a more elabourate contestation of the Cause which might have served to protract the time and evade at least the while a most ugly sentence but I will shew my self a defender of the Laws and of the Right of my Country as to chuse rather to dye for them the Martyr of my People then by prostituting of them to an arbitrary power go about to acquire any manner of liberty for my self but I therefore request this short liberty of speaking before a cruel Sentence be given for that I well know 't is harder to be recall'd then prevented and therefore I desire that I may withdraw and you consider They all withdraw the King into Cottons House and the Tryers into the Court of Wards and in half an hour return The President as he had begun so he proceeds into a premeditated Speech to hasten Sentence which the King offers reason to forbear whilest he might be heard before his Parliament and this he requires as they will answer it at the dreadful day of Judgement and to consider it once again But not prevailing the President goes on wherein he aggravates the Contumacy of the King and the hatefulness of the cimes he asserts Parliamentary Authority producing Examples both Domestick and Forreign c. his Treasons he stiles a breach of Trust to the Kingdom as his Superiour and is therefore called to an account minimus majorum in Judicium vocat his murthers are many all those that have been committed in all the War betwixt him and his people are laid to his charge all the innocent blood which cannot be cleansed but by the blood of him that shed the blood So then for Tyranny Treason Murther and many other crimes he wishes the King to have God before his eyes and that the Court calls God to witness that mearly their Conscience of Duty brings them to that place of this employment and calls for Gods assistance in his Execution The King offered to speak to these great Imputations in the Charge but he was told that his time was past the Sentence was coming on which the President commanded to be read under this form Whereas the Commons of England have appointed them an High Court of Justice for the Trial of Charles Stuart King of England before whom he hath been three times convented and at the first time a Charge of High Treason and other Crimes and Misdemeanours were read in the behalf of the Kingdom of England c. To which Charge he the said Charles Stuart was required to give his answer and so exprest several passages at his Tryal in refusing to answer for all which Treasons and Crimes the Court doth adjudge that the said Charles Stuart as a Tyrant Traytor Murtherer and Publique Enemy shall be put to death by the severing his Head from his Body This Sentence sayes the President now read and publisht is the Act Sentence Judgement and Resolution of the whole Court to which the Members of the Court stood up and assented to what he said by holding up their hands The King offered to speak but he was instantly commanded to be taken away and the Court brake up After the Sentence the King was hurried away mockt and reviled by the Souldiers they puft their Tobacco in his face no smell being more offensive to his father and him such as saluted him they bastinadoed one that did but sigh God have mercy they cane'd they intrude almost into his Closet hardly permitting him
sollicitations he had from Henry Earl of Richmond and the Lords of his faction who to draw them off from Richards side that morning in which Bosworth Field was fought was found a world of papers strowed before Norfolks door Yet notwithstanding all this he regarding more his oath his honour and promise made to King Richard like a faithful Subject absented not himself from his Master but as he faithfully lived under him so he manfully died with him But to return to his Son the Earl of Surrey in this Battle he had the leading of the Archers which King Richard had placed in the fore-front as a Bulwark to defend the rest the undaunted courage of this Earl and his resolute brave carriage being taken prisoner are delineated to the life by the renowned Sir John Beaumont in his ever-living Poem of Bosworth Field which if to some it may seem a long Quotation the goodness of the lines will recompense the tediousness of reading them Courageous Talbot had with Surrey met And after many blows begins to fret That one so young in Arms should thus unmov'd Resist his strength so oft in war approv'd And now the Earl beholds his Fathers fall VVhose death like horrid darkness frighted all Some give themselves as Captives others fly But this young Lion casts his generous eye On Mowbray's Lion painted in his shield And with that King of Beasts repines to yield The Field saith he in which the Lion stands Is blood and blood I offer to the hands Of daring foes but never shall my flight Die black my Lion which as yet is white His Enemies like cunning Huntsmen strive In binding snares to take their prey alive While he desires t' expose his naked breast And thinks the sword that deepest strikes is best Young Howard single with an Army fights When mov'd with pitty two renowned Knights Strong Clarindon and valiant Coniers try To rescue him in which attempt they die Now Surrey fainting scarce his Sword can hold Which made a common Souldier grow so bold To lay rude hands upon that noble Flower Which he disdaining anger gives him power Erects his weapon with a nimble round And sends the Peasants Arm to kiss the ground This done to Talbot he presents his Blade And saith It is not hope of life hath made This my submission but my strength is spent And some perhaps of villain blood will vent My weary soul this favour I demand That I may die by your victorious hand Nay God forbid that any of my name Quoth Talbot should put out so bright a flame As burns in thee brave Youth where thou hast err'd It was thy Fathers fault since he prefer'd A Tyrants Crown before the juster side The Earl still mindeful of his birth reply'd I wonder Talbot that thy noble heart Insults on ruines of the vanquisht part We had the right if now to you it flow The fortune of your Swords hath made it so I never will my luckless choice repent Nor can it stain mine honour or descent Set Englands Royal Wreath upon a stake There will I fight and not the place forsake And if the will of God hath so dispos'd That Richmonds Brow be with the Crown inclos'd I shall to him or his give doubtless signs That duty in my thoughts not faction shines Which he proved to be most true in the whole course of his life for having continued prisoner in the Tower three years and a half the Earl of Lincoln confederating with one Lambert Simnel raised an Army against the King the Lieutenant of the Tower favouring their enterprise freely offered the Earl licence to depart out at his pleasure which he refused saying That he that commanded him thither should command him out again The King understanding of his fidelity not onely released him of his imprisonment but took him into a more specal regard and soon had he an occasion to make tryall of him a great insurrection happening in the North wherein the Rebells were grown so potent that they slew the Earl of Northumberland in the field and took the City of York by assault against these King Henry assembles a great power making the Earl of Surrey Chief Captain of his Voward who so behaved himself that the Rebells forces were dissipated their chief Leaders taken and soon after executed The King noting his great prudence and magnanimity made him Lieutenant Generall from Trent Northward had Warden of the East and middle Marches and Justice of the Forrests from Trent Northwards in which offices he continued the space of ten years during which time the Scots having committed some outrages upon the Borders he made a road into Tivydale where he burnt and destroyed all before him returning with great spoils and honour Not long after he made another road into Scotland returning with like success James the fifth then King of Scotland raised a great power to withstand him and sent to the Earl a challenge to fight with him hand to hand which he accepted but the King into his demands would have the Countrey or Lands then in Controversie to be made Brabium Victoris which was without the Earls power to engage being the inheritance of the King his Master but he proffers better Lands of his own upon the Combat which was not accepted and so nothing was concluded A peace being concluded with the Scots he was called home and made Lord Treasurer of England of the Privy Council living in great Honor and reputation all the dayes of King Henry who dying his Son Henry that succeded him added to his other dignities the high Marshallship of England and going in person with an Army into France left him Lieutenant Generall from Trent Northward to defend the Realm against the Scots for James the Fifth King of Scotland notwithstanding he were King Henries brother-in-Brother-in-law yet did so firmly adhere to the French that to divert King Henries proceedings in his own person with a mighty Army he invades England The Earl of Surrey to oppose him raises what Forces he could and at a place called Flodden it came to a pitcht field which was fought with great courage and valour but God who owned the just cause of the English crowned them with success and set the Palm of Victory on the Earl of Surrey's head The Scottish King being slain and with him two Bishops eleven Earls seventeen Barrons four hundred Knights besides other Gentlemen and seventeen thousand common Souldiers The Earl for these services was by the King at his return home highly rewarded and restored to the Dukedom of Norfolk his Fathers Dignity Soon after was he sent chief Commissioner with the Lady Mary the Kings sister to be married unto Lewis the French King and after his return home the King and Queen going to Guines to visit the French King he was made Protectour of the Realm in his absence Old age seizing on him he obtained leave of the King to spend the remainder of his dayes at Framlingham
molested or disquieted concerning the same or for refusal thereof 2. And that no free-man be taken and imprisoned or be disseised of his free-hold or liberty or his free customs or be out-lawed or exiled but by the lawful judgement of his Peers or by the Law of the Land 3. And that your Majesty would be pleased to remove the Souldiers and Marriners now billetted in divers Counties and that your people may not be so burthened in time to come 4. That the late Commissions for proceeding by Marshal Law may be revoked and annulled and that hereafter no Commission of like nature may issue forth to any person or persons whatsoever to be executed lest by colour of them any of your Majesties Subjects be destroyed and put to death contrary to Law and the Franchises of the Land All which they most humbly pray of your most excellent Majesty as their Rights and Liberties according to the Laws and Statutes of this Realm and that your Majesty would also vouchsafe to declare that all awards doings or proceedings to the prejudice of your People shall not be drawn hereafter into consequence and example Never writes a late Author of the History of the Reign of King Charles did arbritary power since Monarcy first founded so submittere faces so vail its Scepter never did the Prerogative descend so much from perch to popular lure as by this concession a concession able to give satisfaction ever so supererogation for what was amiss in all the Kings by-past government Much hoped it was that this Parliament would have had a happy conclusion but what Gregory Nazienzen complained of Councels That he never saw any one end well King Charles might with as much verity have pronounced as to his content of Parliaments not any one he summoned having had any termination other then disgustful to him for no sooner was the Petition of Right granted but the Parliament resolved upon a large Remonstrance to the King wherein they ripped up many grievances of the Kingdom accusing the Duke of Buckingham his excessive power and abuse of that power the principal cause of all those evils and dangers to which the King returned a smart answer wherewith the Commons being displeased fell down right upon another Remonstrance against Tonnage and Poundage Whereupon the King unwilling to hear of any more Remonstrances of that nature prorogued the Parliament unto October 20. During this Session the Earl of Denbigh with fifty Sail of Ships attempted the relief of Rochel but prevailing nothing a third Fleet was prepared ready whereof the Duke of Buckingham was to have the Command but being ready to embarque he was stabbed with a knife by Felton a discontented person of which as also of his unfortunate proceedings at the Isle of Rhe I refer my Reader to his foregoing Life The Duke being dead the charge of the Fleet was committed to the Earl of Lindsey a Gentleman of a gallant resolution but before his coming the Town was so blocked up by Land and barred up by Sea that it was almost unapproachable yet many gallant attempts were made by the Earl bringing up his Ships to the very mouth of the Bar but being ready to enter the pass the winde whisked about into an opposite Point which drove them dangerously foul one upon another whereupon the Rochellers hopeless of relief opened their Gates submitting themselves to the Kings mercy which was granted them The Famine and War having made such havock amongst them that of twenty two thousand souls but four thousand were left October the 20. being come the Parliament was prorogued to January the 20. following at which time they met who begun where they last left with Tonnage and Poundage for complaints came in thick and three-fold against the Customers for taking and distraining Merchants goods Great stickling was betwixt the King and Parliament concerning this business the King claiming it as a Prerogative belonging to the Crown they denying it as an infringement of the Petition of Right After much debating and high words on both sides the dissolution of the Parliament put a period to the contest Not long after by mediation of the Seignory of Venice a Peace was concluded between France and England Spain also hampred with wars and want of money made overtures of a Peace which at last was concluded and published with more then ordinary Solemnity These Wars with France and Spain had so emptied the Exchequer that the King was forced to make use of his Prerogative for a supply which was by summoning all persons who had Estates of forty pounds per annum to receive the Order of Knighthood formerly practised by several Kings though now a long disuse had made it a novelty Many of the Countrey Hobs who had gotten an estate liable to a Fine took it first as a jeast and thereupon made no appearance but their purses afterwards paid for it in good earnest This project alone bringing in to the Exchequer no less then a hundred thousand pound May the 29. 1630. the Queen was delivered of a Son who was baptized by the name of Charles having two years before miscarried of a son of the same name who lived not above an hour which occasioned Randolphs Muse thus to express her self Thy first birth Mary was unto a Tomb And sad Lucina did not aid thy womb To Heaven thou then wert fruitful now to earth Thou canst give Saints as well as Kings a birth It was now seven years and better since Charles was crowned King of England Scotland his Native Countrey had a Crown also to bestow upon him and the King adjudged it worth the going for for though saith one it conferreth no one dram of solid and real grandure to the Throne yet ceremoniated as it is with such formalities it representeth it self a serious vanity There attended him this journey the Earls of Northumberland Arundel Pembroke Southampton Salisbury Carlile Holland Monmouth and New Castle the Bishop of London Lord Treasurer Secretary Cook Vice Chamberlain with many other Gentlemen of quality June 18. 1633. he was crowned with great Solemnity at Edinburgh and having visited Ealkland Sterling and some other eminent places he returned back again into England Thus he was crowned by a Nation that afterwards snatcht it from his Royal Temples The King at his return found his Exchequer near empty whereupon he consults with his Attorney Noy for a way how to supply it he searching old Records being a man very studious that way findes an ancient precedent of raising a Tax for setting forth a Navy in case of danger to which purpose a Writ was issued out to the seveaal Counties in England for the raising of money sufficient for the setting forth of forty seven ships at which the Commons grumbled as an illegal Tax contrary unto the Petition of Right The King for his better satisfaction demands the opinion of the Judges who all of them under their hands confirmed the Legality thereof yet were not the
thy ever active fame Shall build a world unto thy pregnant name And every letter of thy stem shall raise A spacious Kingdom where thy ample praise Shall be recorded every listening ear Shall prove ambitious be intranc't to hear 'T will be a glory when the world shall say 'T was bravely done his Soveraign led the way And he as valiant Souldiers ought to do March't boldly after and was alwayes true To sacred Majesty his Heroe'd breath Disdained the fear of a so courted death Death added life unto his thoughts for he Contemn'd a death he bought with Victory The very Birds shall learn to prate and sing How Capel suffer'd for his Royal King The Life of JAMES Marquess of Montross Earl of Kincardine c. IT may seem strange in such a scarcity of Scotch Worthies there also being already so many of our own that I should go about to borrow one from that Countrey where if Diogenes were alive again the Cinique as I have heard one merrily express with his Lanthorn would make no long inquest after such an impossibility but infallibly conclude that there is not such another to be found in Scotland This renowned Marquess was extracted from the Ancient and famous Family of the Grahams in Scotland whose valiant and loyal Actions have eternized their Names to all posterity His Grandfather and Father were advanced by King James and King Charles unto places of the greatest honour in that Kingdom which they most happily discharged with the love and good affection both of King and People This Honourable Person whose Life we now relate persisting in his Predecessours steps may give us cause to think that Valour and Loyalty were entailed on that Family Yet at first he sided with the Covenanters against the Royal Party they pretending to nothing then less then the preservation of Religion the Honour and Dignity of the King the Laws of the Land and the Freedom of the Nation But having found that those fair tales were onely pretensions and onely coyned of purpose to draw people to their side he like a wise man finding their hearts alienated the King he mediated a disengagement but finding the work difficult he a while dissembled his intent seeming as active as he was before that when time served he might dissert them to better purpose having also many of his friends amongst them whom he hoped to draw off by which means he should be able to gather no small power which would conduce much both to the Kings safety and his own Whilest he was upon these determinations the Covenanters had raised a strong Army and in a solemn convention at Duns they determine to invade England Montross seeing he could not hinder those actions would not seem to disapprove of them and having the command of two thousand Foot and five hundred Horse to seem the more active was the first man that set foot on English ground and had his friends fulfilled their promises he had not onely broken to pieces the Covenanters designs but in all probability had brought the whole Army along with him to the King But the Scots marching over the Tine otherwise then he expected he was much disappointed of that opportunity he so longingly attended yet he kept the same loyal Inclinations towards the King which taking advantage of the Treaty that ensued betwixt them that he found means to acquaint his Majesty by Letters wherein he protested his faith and ready obedience to him but these Letters being stoln out of the Kings pockets by his Bed-chamber men the supposed instruments of Hamilton and by them coppied out were sent to the Covenanters at New Castle which place by the treachery of some English Commanders was yielded unto them who concealing their Information did not withal conceal their malignity against the Earl but laboured all they could to render him odious to the people and thereby unserviceable to his Majesty Nor wanted they fit instruments for this purpose for having obliged to themselves most of the Preachers throughout the Kingdom they made use of their mercenary tongues to rail against the King and his faithful Subjects as the enemies of Christ being themselves the while the very shame and scandal of Christianity Yet still Montross goes on in his Loyal intentions and joyns to his side many of the prime men for Nobility and Power though some of them afterwards for fear betrayed their designs unto the Covenanters so that on a sudden when he suspected nothing he with Napier Lord of Marchiston and Sir Sterling Keer were committed Prisoners to the Castle in Edenburgh But a Pacification being made betwixt both Kingdoms he with his friends were set again at liberty Not long after in England happened those fatal discords betwixt the King and Parliament which growing so high that they came to be determined by the Sword the Covenanters not to be wanting in the aid of their Confederates resolved to raise a puissant Army and to oblige Montross to their side proffered him freely the Office of Lieutenant General of the Army and what ever else he could desire and they bestow But he not more careless of their proffers then careful to inform the King of the danger that hereby hung over his head to which purpose he poasts into England taking onely the Lord Ogleby into his counsel and company At York he informs the Queen of the covenanters intentions and of the danger that would ensue thereof which doubtless had taken good effect at that time had not the coming of Duke Hamilton out of Scotland upon pretence of kissing the Queens hand but with intent to overthrow Montross his councels hindered the same who perswaded the Queen there was no fear of any Army nor that the King should need despair of amity and reconciliation with them protesting he himself would be active for the King with his person and estate But the Covenanters proceeding on in their designs and Montross having better knowledge of their intentions then before he goes to Glocester and delares the same to the King himself but the King was so soothed up with Letters of the contrary from Hamilton and some such other Courtiers also buzzing in his ears Montrosses youth his rashness his ambition the envy and hatred he bare unto the Hamiltons and on the other side the Hamiltons fidelity their honesty their discretion their power so that Montross nothing prevailed In the mean time the Covenanters were not idle but having raised an Army of eighteen thousand Foot and two thousand Horse march for England and now the King when it was too late seeing himself thus grossy abused sends for Montross and asks his advice what was best to be done Montross having declared the desperate estate Scotland was in at that present and how abominably his Majesty had been betrayed by them with whom he had entrusted his secrets resolved nevertheless if the King would lay his Commands upon him nothing distrusting Gods assistance in a righteous cause he would
Arbitrary wayes but we will try you by the rules of the good old Laws of England and whatsoever priviledge in your Tryal the Laws of England will afford you claim it as your Birth-right and Inheritance and you shall enjoy it with as much freedom and willingness as if you were in Westminster Hall to be tryed amongst your own Party and this we will do for that end that so at London your friends shall not have any just cause to say we murthered you with cruelty or denied you the benefit of the Law in taking away your life by the rules of our own wills Nay further said he Captain Lilburne it is true I am a Judge made by my Sovereign Lord the King according to his right by Law and so in a special manner am his Servant and Councellour and am to act for his good benefit and advantage And yet notwithstanding it is by the known Laws of this Land my duty to be indifferent and free from partiallity betwixt my Master and you the Prisoner and I am specially bound unto it also by my Oath and therefore you shall have the utmost priviledges of the Law of England which is a Law of Mercy and not of Rigour and hath the life of a man in tenderest and highest estimation and therefore it is the duty of a Judge by Law to be of counsel with the Prisoner in things wherein by his ignorance he falls short of making use of the benefit of the Law especially when he is upon the Tryal of his life Yea and to exhort him to answer without fear if he perceive him daunted or amazed at the presence of the Court Yea it is my duty to carry my self with all fairness and evenness of hand towards you and wherein that there shall seem any mistakes to appear in circumstances of Formalities to rectifie you For 't is my duty to help you and not to use any boisterous or rough language to you in the least to put you in fear or any wayes prevent the freedom of you defence and according to the Laws of England this is my duty and this is the Law And accordingly he gave me liberty to plead to the errors of my Indictment before ever I pleaded not guilty yea and also became willing to assign me what Councel I pleased to nominate freely to come to prison to me and to consult and advise with me and help me in point of Law This last he did immediately upon my pleading to the Indictment before any Fact was proved all which is consonant to the declared Judgement of Sir Edward Cook that great Oracle of the Laws of England whose Books are published by speciall Orders and Authority of Parliament for good Law who in his 3. part Institutes Chapt. Of High Treason fol. 29.34 compared with fol. 137.230 asserts the same Truly Sir I being now come before you to answer for my life and being no professed Lawyer may through my own ignorance of the practick part of the Law especially in the Formalities Nisities and Puntillio's thereof run my self with over-much hastiness in snares and dangers that I shall not easily get out of And therefore being all of a sudden bid to hold up my hand at the Bar I cannot chuse but a little demur upon it and yet with all respect to you to declare my desirableness to keep within the bounds of Reason Moderation and Discretion and so to carry my self as it doth become a man that knows what it is to answer for his life And therefore in the first place I have something to say to the Court about the first Fundamental liberty of an English man in order to his Tryal which is that by the Laws of this Land all Courts of Justice alwayes ought to be free and open for all sorts of peaceable people to see behold and hear and have free access unto and no man whatsoever ought to be tryed in holes or corners or in any place where the Gates are shut and bar'd and guarded with armed men and yet Sir as I came in I found the Gates shut and guarded which is contrary both to Law and Justice Sir the Laws of England and the Priviledges thereof are my Inheritance and Birth-right And Sir I must acquaint you that I was sometimes summoned before a Committee of Parliament where Mr. Corbet and several others have had the Chair and there I stood upon my right by the Laws of England and refused to proceed with the said Committee till by special order they caused their Doors to be wide thrown open that the people might have free and uninterrupted access to hear see and consider of what they said to me although I think the pretence that I am now brought before you for be the very same in substance that I was convened before Mr. Corbet for which was about Books and I am sure there I did argue the case with him and the rest of the Committee soundly out in Law proving that they were bound in Law and Justice freely to open their Doors for the free access of all sorts and kindes of Auditors And I did refuse as of right to proceed with them till by special order they did open their Doors For no tryal in such cases ought to be in any place unless it be publick open and free and therefore if you please that I may enjoy that Legal Right and Priviledge which was granted unto me by Mr. Miles Corbet and the rest of that Committee when I was brought before them in the like case that now I am brought before you which priviledge I know to be my right by the Law of England I shall as it becomes an understanding Englishman who in his actions hates deeds of darkness holes or corners go on to a tryal But if I be denyed this undoubted priviledge I shall rather dye here then proceed any further And therefore foreseeing this beforehand and being willing to provide against all jealousies of my escape the fear of which I supposed might be objected against me as a ground to deny me this my legal right and therefore beforehand I have given my engagement to the Lieutenant of the Tower that I will be a faithful and true prisoner to him He enlarged himself as to other particulars but these being the most material as to the relation of some passages of his Life I thought it necessary to insert them He having these requested freedoms granted him from Judge Keble his tryal went on which because of it self it is a large printed volume I shall onely hint at some things not to be omitted in it After he had ended his Speech Judge Keble told him that his requests were granted bid him look behinde him the Doors were open Mr. Prideaux the Atturney General excepted against the favour done him of the liberty of his Speech as at the beginning of his arraignment he had denyed to hold up his hand he further expressed that the Commission for the Tryal
place in less then four hours time he destroyed them all to their inestimable detriment not sixty of his own men being lost But to return into England June the 20. 1657. the Protector with great pomp and magnificence was installed at Westminster the Parliament then sitting to which purpose at the upper end of Westminster Hall a rich Cloath of State was set up and under it a Chair of State placed upon an ascent of two degrees covered with Carpets and before it a Table with a Chair appointed for the Speaker of the Parliament and on each side of the Hall upon the said structure were Seats raised one above another and decently covered for the Members of Parliament and below them Seats on one side for the Judges of the Land and on the other side for the Aldermen of the City of London About two of the Clock in the afternoon the Protector met the Parliament in the Painted Chamber and passed such Bills as were presented to him after which they went in order to the place appointed in Westminster Hall the Protector standing under the Cloath of Estate the Lord Widdrington Speaker of the Parliament addrest himself to him in this Speech May it please your Highness You are now upon a great Theatre in a large Chore of people you have the Parliament of England Scotland and Ireland before you on your right hand my Lords the Judges and on your left hand the Lord Major Aldermen and Sheriffs of London the most noble and populous City of England The Parliament with the interposition of your sufferage makes Laws and the Judges and Governours of London are the great dispensers of those Laws to the people The occasion of this great convention and intercourse is to give an investiture to your Highness in that eminent place of Lord Protector a name you had before but it is now settled by the full and unanimous consent of the people of these three Nations assembled in Parliament you have no new name but a new date added to the old name the 16. of December is now changed to the 26. of June I am commanded by the Parliament to make oblation to your Highness of four things in order to this Inauguration The first is a Robe of Purple an Embleme of Magistracy and imports righteousness and justice when you have put on the vestment I may say and I hope without offence that you are a Gown man This Robe is of a mixt colour to shew the mixture of justice and mercy which are then most excellent when they are well tempered together Justice without Mercy is wormwood and bitterness and Mercy without Justice is of a too soft a temper for government for a Magistrate must have two hands Plectentem Amplectentem The next thing is a Bible a Book that contains the holy Scripture in which you have the honor and happiness to be well versed This is the Book of life consisting of two Testaments the old and new In the first we have Christum velatum Christ in Types Shadows and Figers in the latter we have Christum revelatum Christ revealed This Book carries in it the grounds of the true Christian Protestant Religion it s a Book of Books it contains in it both precepts and examples for good government Alexander so highly valued the Books of his Master Aristotle and other great Princes other books that they have laid them every night under their Pillows These are all but Legends and Romances to this one Book a Book to be had alwayes in remembrance I finde it said in a part of this Book which I shall desire to read and it is this Deut. 17. And it shall be when he sitteth upon the Throne of his Kingdom that he shall write a copy of this Law in a Book out of that wich is before the Priests and the Levites And it shall be with him and he shall read therein all the dayes of his life that he may learn to fear the Lord God and to keep all the words of his Law and those Statutes to do them That his heart be not lifted up above his Brethren and that he turn not aside from the Commandment to the right hand or to the left to the end he may prolong his dayes in his Kingdom he and his Children in the midst of Israel The next thing that I am to offer to your Higness is a Scepter not unlike a staff for you are to be a staff to the weak and poor it 's of ancient use in this kinde it 's said in Scripture in reference to Judah the Royal Tribe That the Scepter shall not depart from Judah It was of like use in other kingdoms and governments Homer the Prince of the Greek Poets calls Kings and Princes Scepter-bearers The last thing is a Sword not a Military but a Civil Sword a Sword rather for defence then offence not to defend your self onely but others also the Sword is an Embleme of Justice The noble Lord Talbot in Henry the Sixths time wrote upon his Sword Ego sum Talboti propter occidendum inimicos meos This Gallant Lord was a better Souldier then a Critick If I might presume to fix a Motto upon this Sword it should be this Ego sum Domini Protectoris ad protegendum populum meum I say this Sword is an Embleme of Justice and is to be used as King Solomon used his for the discovery of truth in the points of Justice I may say of this Sword as King David said of Goliah's Sword There is none like this Justice is the proper vertue of the Imperial Throne and by Justice the Thrones of Kings and Princes are established Justice is a Royal vertue which as one saith of it doth employ the other three Cardinal Vertues in her service 1. Wisdom to discern the nocent from the innocent 2. Fortitude to prosecute and execute 3. Temperance so to carry Justice that passion be no ingredient and that it be without confusion or precipitation You have given ample testimony in all these particulars so that this Sword in your hand will be a right Sword of Justice attended with Wisdom Fortitude and Temperance When you have all these together what a comely and glorious sight is it to behold A Lord Protector in a purple Robe with a Scepter in his hand a Sword of Justice girt about him and his eyes fixt upon the Bible Long may you prosperously enjoy them all to your own comfort and the comfort of the people of these three Nations The Speech being ended Master Speaker came from his Chair took the Robe and therewith vested the Protector being assisted therein by the Earl of Warwick the Lord Whitlock and others Which done the Bible was delivered him after that the Sword girt about him and last of all he had the Scepter delivered him These things being performed Master Speaker returned unto his Chair and admimistred him his Oath in haec verba I do in the presence and by the
might enjoy her as his Wife for these and other notorious offences being boldly reprehended by Dunstan he banished him the Realm at whose departure the devil is said to rejoyce and to laugh aloud at the West end of the Church to whom Dunstan as it were by way of Prophecy said Well thou adversary do not so greatly rejoyce at the matter for thou doest not now so much rejoyce at my departure but by Gods grace thou shalt be as sorrowful for my return All the time of King Edwy's reign which was but short for Tyrants seldome are long lived he remained at the Monastery of Gaunt in Flanders where he received much friendship from the Governour of that Countrey but Edwy dying his brother Edgar succeeded in the Kingdome who unraveling the web his brother had weaved recalled Dunstan out of banishment making him first Bishop of Worcester after of London and last of all bestowed the Archbishoprick of Canterbury upon him This Edgar had Dunstan in high estimation by whose advice the English being given to excessive quaffing he put down many Ale-houses and would suffer but one to be in a Town and the more to deterr them from this swinish vice he ordained certain cups with pins or nails and made a law that whosoever drunk past that mark at one draught should undergo a certain penalty No doubt this was an act acceptable unto God and great need hath these times of another Edgar or Dunstan to deterr people from this beastly sin and to put down the multiplicity of Alehouses which now abound in every corner of which one of our modern Poets as followeth The way to Churches is o'regrown with grass But to the Alehouse fair and plain to pass And what is it think you doth cause it so But more to th' Alehouse then to Church do go Then what may we expect of this same evil Some may to God but most will to the devil Edgar dying great troubles ensued about the election of one of his sons to succeed him most of the Nobles combining for young Ethelred Dunstan and the Monks standing as stiffly for Prince Edward at last a Council being assembled to argue the matter the Archbishop came in with his Banner and Cross and not staying for further debating presented Prince Edward for their lawful King and the assembly consisting most of Clergy-men drew the approbation of the rest and so he was Crowned King at Kingstone by Archbishop Dunstan the year of our Lord 975. These troubles thus quieted about the Crown far greater arose concerning the Church for Alferus Duke of Mercia favouring married Priests would suffer no Monks to live in his Province on the other side Edelwyn Duke of East-Anglia and Brightnoth Earl of Essex favouring the Monks expulsed the married Priests out of their jurisdictions These sparks at last increast to such a flame that it was deemed nought but the blood of one side would quench the same but upon better advice they laid arms aside and referred the matter to be debated in a Council at Winchester where the Monks cause as being worsted had undoubtedly had the foyl had they not referred the matter to be decided by the Rood where the Council sate to this Oracle Saint Dunstan desired them to pray and to give diligent ear to what it should speak for the juggling Monks had placed a Man behinde a Wall who through a trunck delivered these words to the beguiled Priests God forbid it should be so God forbid it should be so you judged well once but ye may not change well again But this deceit of the Monks being discerned by the Priests another assembly was held at Cleve in Wiltshire where whilst they were arguing with bitter invectives against each other the joysts of the loft wherein they sat suddenly brake and down fell the floar with the people thereon many were mained and some slain onely Archbishop Dunstan remained unhurt for the posts whereon his chair was set as it were by miracle remained untouched By this fall of the Floar fell the cause of the Priests and Dunstan deemed a demy God To this wooden miracle of his popish writers add another of the same nature namely how a huge beam of a house being sunk out of the frame and like to ruinate the whole building with onely making the sign of the Cross thereon with his fingers he made it return to his former place All the time of King Edwards reign was Dunstan had in high esteem but he being too good a Prince to live in so bad an age was bereft of his life by the cruelty of his step-mother that her own son might succeed in the kingdome Dunstan disallowing this act of the Queens refused to Crown her son King at length against his will he was compelled to solemnize his rights at Kingston on Thames the 14. of Aprill 979. This Ethelred favoured not greatly the Monks and therefore he was as little respected of them in their writings who report him to be sloathful person neither forward in action nor fortunate in proceedings at the time of his Baptism he is said to defile the Fount with his ordure whereupon Dunstan being troubled in his minde By the Lord saith he and his blessed Mother this childe shall prove to be a slothful person But the greatest matter laid to his charge was his making War upon the Bishop of Rochester whose peace being it would not be procured without the payment of a hundred pound in Gold Dunstan sent him word that since he made more account of Gold then of God more of money then of Saint Andrew Patron of the Church of Rochester and more of covetousness then of him being the Archbishop the mischiefs which the Lord had threatned should shortly come to pass but the same should not chance whilst he was alive he is likewise said to have foreseen the invasions of the Danes and to have foretold the miseries that soon after fell upon the English Nation as that they should not be free from Blood and the Sword till there came a people of an unknown tongue that should bring them to thraldome which predictions of his soon after his death came to passe as appears in the following Life of King Edmund this Clergy-man now waxing old the thread of his life being spun out to the last he was forced to yield to that from which none are exempted to the tyranny of death having tasted liberally in his time of the favours of Fortune which notwithstanding could not keep him from dying so true is that of the ancient Poet. Each living Corps must yield at last to death And every life must lose his vital breath The soul of man that onely lives on high And is an image of eternity He dyed on a Saturday the 25. of May the Year of our Lord 989. Happy in this that he lived not to see the miseries of his Countrey which happened presently after his death The Life of EDMUND IRONSIDE THe learned
sent into England and married to King Henry found but little affection from him which Stephen Gardiner then Bishop of Winchester perceiving thought it a fit subject for him to work upon against the Lord Cromwell the first contriver of the match for being in his heart a great stickler for the Pope he resolved to make use of the times He acknowledged the Kings supremacy he perswaded the King that his reformation of Religion would set all the Princes of Christendome against him and at last prevailed so far with him that he consented to have six Articles enacted by Parliament which according as we finde them we have here transcribed to posterity 1. That after the words of confirmation spoken by the Priest the real and natural body and blood of Christ as he was Conceived and Crucified was in the Sacrament and no other substance consisting in the form of Bread and Wine besides the substance of Christ God and man 2. That the communion in both kindes was not necessary unto salvation the flesh onely in the form of Bread sufficient for the Laity 3. That Priests after they had received Orders might not marry by the Law of God 4. That the vows of Chastity either in man or Woman ought by Gods Law to be observed and by which they are exempted from other Liberties of Christian people 5. That private Masses was necessary for the people and agreeable to the Law of God 6. That Auricular Confession was expedient to be retained and continued in the Church of God By this we see the King left the sting of Popery still remaining though the teeth were knockt out by abolishing the Popes supremacy the effect of which bloody Articles the Lord Cromwell soon felt for the King having by him attained his ends and filled his Coffers with the Abbeys wealth left him to the malice of his inveterate enemies Whereupon a Parliament being summoned Cromwell being in the Council Chamber was suddenly apprehended committed prisoner to the Tower the Crimes objected against him were these First he was accused of Heresie and a supporter of Hereticks Secondly that he had dispersed amongst the Kings Subjects many Books containing much Heresie in them Thirdly that he had caused many Books to be Translated into English comprizing matter against the Sacrament of the Altar and that he had commended it a good and Christian Doctrine Fourthly that he had spoken words against the King Whilest he remained in the Tower some Commissioners coming to examine him he answered them with such discretion as shewed him to be of a sound judgement and as able to defend as they to accuse Amongst the Commissioners there was one whom the Lord Cromwell desired to carry from him a Letter to the King which he refused saying That he would carry no Letter to the King from a Traytor then he desired him at the least to carry a message from him to the King which request he assemted to so it were not against his Allegiance then the Lord Cromwell taking witness of the other Lords what he had promised You shall said he commend me to the King and tell him by that time he hath tried and proved you as I have done he shall finde you as false a man as ever came about him But his enemies knowing his innocency and abilities durst not bring him to his answer nor try him by his Peers but procured an Act of Attaindure whereby he was condemned before he was heard For the better illustration of his History before I shall acquaint you with his exit I thought it not improper to insert an example of his Generosity and Gratitude as I have it from Doctour Hackwell in his Apology in these words In those glorious dayes when the English young Gentry endeavoured to out-vie their elder Brothers by undertaking far and dangerous journies into Forreign Parts to acquire glory by feats of Arms and experiencing themselves in the Military Discipline Thomas Cromwel a younger Brother to better his knowledge in Warlike Affairs passed into France and there trailed a Pike accompanying the French Forces into Italy where they were defeated at Gattellion whereupon our English Volantier betook himself to Florence designing to pass thence home again into England but having lost all his equipage and being in a necessitated condition he was enforced to address himself to one Signior Francisco Frescobald an Italian Merchant who corresponded at London and making his case known unto him Frescobald observing something remarkable and a certain promising greatness in the Features Actions and Deportment of Thomas Cromwel who gave an account of himself with so candid an ingenuity and in such terms as beseemed his Birth and the Profession he then was of whereby he gained so much upon Frescobald as inviting him home to his house he caused him to be accommodated with new Linnen and Clothes and other sutable necessaries kindly entertaining him till such time as he testified a desire to return for England when as to compleat his Generosity and Kindeness he gave Mr. Tho. Cromwell a Horse and 16. duccats in gold to prosecute his journey homewards In process of time several Disasters and Bankrupts befalling Signior Frescobald his Trading and Credit was not a little thereby impaired and reflecting on the Moneys which were due unto him by his Correspondents in England to the value of 15000. Duccats he resolved to pass thither and try whether he could happily procure payment During which interval of time Mr. Thomas Cromwell being a person endowed with a great deal of Courage of a transcendent Wit hardy in his undertakings and a great Politician had by these his good qualities gotten himself entrance and credit at Court and highly ingratiated himself with King Henry the Eighth having advanced himself to almost as high a pitch of Honour in as short a time in a manner as his late Highness did The Lord Thomas Cromwell therefore riding one day with a great Train of Noble Men towards the Kings Palace chanced to espy on foot in the streets Signior Frescocobald the Italian Merchant in an ill plight however he immediately alighting from his Horse embraced him before all the world to the great astonishment of the beholders and chid him that at his very arrival he came not to visit him Frescobald being astonished at so unexpected an encounter and receiving so signal a favor from a Personage he could not call to mind he had ever known was quite surprized my Lord Cromwells pressing Affairs at Court not permitting him the while to acquaint him further who he was only engaged him to come and dine with him that day Frescobald full of amazement enquired of the Attendants who that great Personage might be And hearing his name he began to call the Feature of his Face and the Idea of his Person to minde and so by degrees conceiving with himself it might happily be the same Mr. Thomas Cromwell whom he had harboured at Florence he enquired out his Lordships habitation
his private Devotions Sir Hardress Waller Collonel Harrison Collonel Dean Comissary General Ireton are to consider of the time and place of his Execution and in the Painted Chamber Munday January 29. the President and Judges met and within the Committee resolve that in the open street before White Hall his own House is the fittest place that the King be there executed to morrow Tuesday between ten and two of the Clock upon a Scaffold covered with black next to the Banquetting House where he was wont to ascend his Throne It was supposed the King would not submit his neck to the Enemies Axe and therefore it was so provided with staples and cords that he should not resist January 27. the King lodged at White Hall the next day Sunday the Bishop of London preached before him Afterwards his children had leave to visit him his children being come to him he first gave his blessing to the Lady Elizabeth and bad her to tell her Brother James when soever she should see him that it was his Fathers last command that he should no more look upon Charles as his eldest Brother onely but be obedient to him as his Sovereign that they should love one another and forgive their Fathers Enemies Then said the King to her Sweet Heart you 'l forget this no said she I shall never forget it whilest I live and pouring down abundance of tears promised him to write the Particulars Then the King taking the Duke of Glocester upon his knee said Now they will cut off thy Fathers head upon which the childe lookt very stedfastly on him Mark Childe what I say they will cut off my head and perhaps make thee a King But mark what I say You must not be King so long as your Brother Charles and James do live for they will cut off your Brothers heads when they can catch them and cut off thy head too at last therefore I charge thee do not be made a King by them at which the Childe sighing said I will be torn in pieces first at which the King smiled The fatal day appeared Tuesday 30. January when he prayes and receives the Sacrament just at ten of the Clock in the forenoon he is called to come forth from St. James's Palace then his Prison to go on foot over the Park to White Hall guarded with a Regiment of Foot Souldiers part before and the rest behinde him with Collours flying and Drums beating his private Guard of Partisans about him and Doctor Juxon Bishop of London next to him on one side and Collonel Thomlinson on the other Ascending the stairs up to the Park Gallery into his Cabinet Chamber he continued there at his devotion and refused to dine onely about twelve of the Clock he eat a bit of bread and drank a Glass of Clarret-wine from thence he was conveyed into the Banquetting House and the great Window enlarged out of which he ascends the Scaffold the Rails being hung round and the floor covered with Black the Executioners disguised with vizards encountring him he not affrighted shews more care of the people living then fear of his own dying for looking round about upon the people whom the thick set Guards and Troops of Horse kept a great distance off and seeing he could not be heard by them omitting probably what he purposed to have spoken to them turning to the Officers and Actors but rather to Collonel Thomlinson he said I would now speak nothing unto you in this place were it not that some men would interpret my silence as an argument of guilt and think that I took on me the crimes objected with the same conscience as I submit to the punishment with patience I call God to witness of my innocency before whose Tribunal I must shortly appear it never entred into my thoughts to intrench on the just priviledges of Parliament and that I raised not any Army before such time as they had raised hostile forces against me which from the order of proceedings on both sides and dates of Commissions and Proclamations will be clearly manifested to the inquirer Mean while I acknowledge and submisly own Gods Justice which this day by an unjust sentence of mine he hath inflicted a just judgement on me for as much as heretofore I would not quit an innocent man meaning the Deputy of Ireland when opprest by a most unjust decree With what Charity I embrace my enraged enemies this good man is my witness pointing to the Bishop of London I pardon them all from my very heart and I earnestly beseech the God of all mercies that he would vouchsafe to grant them serious repentance and remit this great sin Yet I cannot to my last gasp but be solicitous of the peace of my kingdom which I am not able at the present better co consult for then by chalking out the way from which you of the souldiery have exceedingly deviated and by which we must return to sobriety and peace Herein I perceive you are most miserably out of the way in that by the rule of the Sword without all even a shadow of right you think good to wrest the government to your selves and endeavour to establish the Kingdom not by the authority of the Laws but upon the score of Conquest which can never have any accruit of right unless adhered in by a just Cause and Triumph of War namely either by the repulsing of wrongs of recovering of rights unjustly detained But if more prosperous success shall advance the victor beyond the modest bounds of just and lawful nought hinders but that the Kingdoms that are erected both be and be accounted great robberies which we read heretofore a Pirat objected to Alexander But being out of the way as you are can you by no other expedient return into the the right wayes of peace by no other counsel believe me can you hope to divert Gods wrath then by restoring to God the King the people respectively such things as are their dues You shall give God his due by restoring his pure worship and Church rightly regulated according to the prescript of his holy word which hath long since been miserably convulst and disjoynted And this a national Synod duly called will best effectuate to the King namely my successour you will render full right if you restore those things which by the clear Letter of the Law stands exprest Lastly you will put the people in their rights and due liberties not by lifting them in the consort of the Throne and sway of the Scepter but by recovering unto the Laws there Authority and the peoples observance to the abrogating of which by the enormious power of the Sword when as by no means I could be induced I was brought hither to undergo Martyrdom for my people So his last breath gently dissolving into a most meek prayer the Bishop of London said to him thus If his most excellent Majesty pleased he would openly profess what he thought touching his Religion not
another place I have spoken very largely and liberally of it I believe you will hear by other means what arguments I used in that case but truly that that is a stranger you that are English men behold here an English man now before you and acknowledged a Peer not condemned to dye by any Law of England not by any Law of England nay shall I tell you more which is strangest of all contrary to all the Laws of England that I know of And truly I will tell you in the matter of the civil part of my death and the cause that I have maintained I dye I take it for maintaining the Fifth Commandment enjoyned by God himself which enjoyns Reverence and Obedience to Parents All Divines on all hands though they contradict one another in many several opinions yet most Divines do acknowledge that here is intended Magistracy and Order and certainly I have obeyed that Magistracy and that Order under which I have lived which I was bound to obey and truly I do say very confidently that I do dye here for keeping for obeying that Fifth Commandment given by God himself and written with his own Finger And now Gentlemen I will take this opportunity to tell you That I cannot imitate a better nor a greater ingenuity then his that said of himself For suffering an unjust judgement upon another himself was brought to suffer by an unjust judgement Truly Gentlemen that God may be glorified that all men that are concerned in it may take the occasion of it of humble Repentance to God Almighty for it I do here profess to you that truly I did give my Vote to that Bill of the Earl of Strafford I doubt not but God Almighty hath washed that away with a more precious Blood that is with the Blood of his Son and my dear Saviour Jesus Christ and I hope he will wash it away from all those that are guilty of it Truly this I may say I had not the least part nor the least degree of malice in the doing of it but I must confess again to Gods Glory and the accusation of my own frailty and the frailty of my nature that truly it was an unworthy cowardize not to resist so great a torrent as carried that business at that time And truly this I think I am most guilty of but malice I had none but whatsoever it was God I am sure hath pardoned it hath given me the assurance of it that Christ Jesus his Blood hath washed it away and truly I do from my soul wish that all men that have any stain by it may seriously repent and receive a remission and pardon from God for it And now Gentlemen we have had an occasion by this intimation to remember his Majesty our King that last was and I cannot speak of him nor think of it but I must needs say that in my opinion that have had time to consider all the Images of all the greatest and vertuousest Princes in the world and truly in my opinion there was not a more vertuous and more sufficient Prince known in the world then our gracious King Charles that dyed last God Almighty preserve our King that now is his Son God send him more fortunate and longer dayes God Almighty so assist him that he may exceed both the vertues and sufficiences of his Father for certainly I that have been a Councellour to him and have lived long with him and in a time when discovery is easily enough made for he was young he was about fifteen or sixteen years of age those years I was with him truly I never saw greater hopes of vertue in any young person then in him great judgement great understanding strong apprehensions much honour in his nature and truly a very perfect English man in his inclinations I pray God restore him to this Kingdom and unite the Kingdoms one to another to the happiness both of you and him that he may long live and reign among you and that that Family may reign till thy Kingdom come that is while all temporal power is consumated I beseech God of his mercy give much happiness to this your King and to you that in it shall be his Subjects by the grace of Jesus Christ Truly I like my beginning so well that I will make my conclusion with it that is That God Almighty would confer of his infinite and inestimable grace and mercy to those that are the causers of my coming hither I pray God give them as much mercy as their own hearts can wish for my part I will not accuse any one of them of malice truly I will not nay I will not think there was any malice in them what other ends there are I know not nor I will not examine but let it be what it will from my very soul I forgive them every one and so the Lord of Heaven bless you all God Almighty be infinite in goodness and mercy to you and direct you in those wayes of obedience to his commands to his Majesty that this Kingdom may be a happy and glorious Nation again and that your King may be a happy King in so good and so obedient people God Almighty keep you all God Almighty preserve this Kingdom God Almighty preserve you all Having ended his Speech he called for the Executioner on whom he bestowed five pounds saying to him I not onely forgive thee from my soul but desire of God to give thee grace for a better employment Having stood still a while he said God Almighty stench this blood God Almighty stench stench stench this issue of blood this will not do the business God Almighty finde out another way to do it Then having taken his leave of those friends and servants that were about him he addrest himself to prayer and upon a sign given by him had his head severed from his body by the Executioner Our forementioned Poet better affected to this Honourable Lord then to the other two that dyed with him bestows this Epitaph upon him in remembrance of his Vertues Here Virtue Valour Charity and all Those rare endowments we Celestial call Included are nor wonder at the story Capel lies here Loyalties chiefest glory I shall close up all onely give you the abstract or rather the introduction to an Elegy that a deserving person bestowed on him Disturb me not my soul is mounting high To pyramide great Capels memory I le range my thoughts it is a world that shall Be rul'd by Capels Eccho hallow all Ye sacred Muses and conspire to bring Materials for this work and learn to sing For should you weep your eyes might undertake To drown the world which I intend to make Forbear your tears are useless you must now Gaze upon earth with an undaunted brow Capel hath taught us how to entertain The pallid looks of fate by him we gain The art of dying and from him we have The definition of a deathless Grave Rare soul I say
or four pieces of gold when this was done and his arms tied he asked the Officers If they had any more dishonour as they conceived it to put upon him he was ready to accept it Then commanding the Hangman at the uplifting of his hands to tumble him over he was accordingly thrust off by the weeping Executioner who with his more honest tears seemed to revile the cruelty of his Countrey men I shall conclude with the Poet. Nescia mens hominum fati sortisque futurae Et servere modum rebus sublata secundi Some write that though he had not the courteous invention of an Epitaph by any of his Friends to memorize him that he was so zealous of the Fame of his great Master Charles the first the with the point of his Sword he wrote these following Lines Great Good and Just could I but rate My griefs and thy so rigid fate I 'de weep the world to such a strain As it should deluge once again But since thy loud tongu'd Blood demands supplies More from Briareus hands then Argus eyes I le sing thy obsequies with Trumpets sounds And write thy Epitaph with Blood and Wounds Montross One that detested the harsh dealings of the Scots to this Martial Earl writ these two Latine Verses A Dolor Inferni fraudes Capitis que Rotundi Et Judae suavium det Deus ut Caveam The Life of JAMES USHER Archbishop of Armagh The Countrey of Ireland hath from old brought forth so many pious and learned men that several Writers have termed it The Land of Sains Amongst the rest this worthy Prelate is not the least Ornament unto that Nation one who was a person of great Piety of singular Judgement learned to a miracle so excelling in knowledge both Humane and Divine that I cannot write so high of his worth as his merits raised themselves above all expression He was born at Dublyn in the Year of our Redemption 1580. extracted from honest and able Parents his Father was one of the Clerks of the Chancery a man of excellent parts and endowments His Mother of the Family of the Stanihursts sufficiently famous in Richard Stanihurst Irelands Cambden the most eminent Philosopher of his time This his good though seduced Mother through the subtilty of the Popish Priests was drawn into the Romish Perswasion and notwithstanding great means was used for the reclaiming her yet continued she therein to the day of her death His Grandfather by his Mothers side was chosen three times Speaker of the House of Commons in Parliament in Ireland His Uncle by his Fathers side was one of his Predecessors Archbishop of Armagh And as he was thus nobly descended so was he as well educated being at eight years old sent to the Grammar School Sir James Fullerton being his School-master and Sir James Hamilton afterwards Lord Viscount Clandeboise Usher to the School who were by King James sent out of Scotland upon another design but disguized themselves under that employment Under these two he so profited that in four years time he excelled in Grammar Rhetorick and Poesie and was so affected with Chronology and Antiquity that in his early years he drew out an exact Series of Times when each eminent person lived The next year being the thirteenth of his age he was admitted into the Colledge of Dublyn being the first Schollar that was entered into it and truly it is a question whether the Colledge received more Honour thereby in having so learned a man recorded in the Frontispiece of their Admission Book or the from the Colledge in honouring him to be their first Graduate Fellow Procter c. At the same time also Sir James Hamilton hitherto Usher of the School was chosen Fellow of the Colledge and so became his Tutour under whom he attained to a perfection in the Greek and Hebrew Languages which he wanted when he came to the Colledge He thus increasing in knowledge as in years looked still further as he did account all knowledge vain which tended not to the establishment of his minde and to the good of his future estate For the furtherance of this Atchievement he read many Books amongst other that of Stapletons Fortress of the Faith wherein he blotteth our Church with Novelty in dissenting from them who from all Antiquity had maintained the same Faith this plunged our great Schollar into several doubts that the ancientest must needs be the best as the nearer the Fountain the purer the streams and that Errors were received in succeeding Ages according to that known speech of Tertullian Verum quodcunque primum adulterum quodcunque posterius For the rectifying of his judgement herein with indefatigable pains and industry he read over most of the Ancient Fathers and most Authors writing of the Body of Divinity whereby he not onely settled his Opinion but also became able to dispute with the prime of the adverse party Having taken the Formality of Batchelour of Arts Anno 1598. The Earl of Essex being sent over Lord Lieutenant of Ireland and Chancellour of the University of Dublin there was a solemn Act for his entertainment wherein Mr. Vsher answered the Philosophy Act with great applause And now his Father intended to send him over into England to the Inns of Court for the study of the Common Law but God who intended him for a Labourer in his own Vineyard prevented his intentions by death leaving his son a good Estate in Land but he fearing it might be an hinderance to his studies gave a great part of the Estate to his Brothers and Sisters and devoting himself wholly to the study of Divinity was chosen Fellow of the Colledge soon after he commenced Master of Arts about which time he disputed with Henry Fitz-Symonds the Jesuit who gave him great commendations for his abilities and said That of those which were not Catholiques he was one of the most learned Soon after was he chosen Catechist of the Colledge and immediately after notwithstanding he was not-twenty one years of age he was ordained Minister and afterwards proved mighty powerful in his preaching converting many Papists to the Protestant Religion who came so constantly to hear him and so admired his Doctrine that it was well hoped the Nation would be of one heart and one minde but through the connivance of some in Authority the Statutes made against Papists were suspended and they obtained little less then a tolleraton in their Religion which caused many of them to withdraw themselves again This pious Bishop entertaining an holy Indignation thereat preached a Sermon to the State at Christ Church in Dublyn taking for his Text this passage in Ezekiel Chap. 4.6 where the Prophet by lying on his side was to bear the iniquity of Judah forty dayes I have appointed thee day for a year even a day for a year as the Old Translation of that Bible he then used reads it making this application thereof From this year will I reckon the sin of Ireland that those
of Mr. Lilburne was for differences betwixt the State and him Master Lilburne desired that Master Prideaux might be excepted against as his enemy one of the faction of the Court against his life Judge Keble told him that he spoke irrationally and indiscreetly he having so fair respect and so free a hearing to except against so great a Minister of the Court afterwards Judge Jermyn a sound Lawyer but a better forenoon then afternoons man said That since Master Lilburne begun to plant his Ordnance against the Authority of the Court that the Court did sit by a lawful Authority derived from the Parliament the supreme Authority of England that he was accused of High Treason had his Jury of Freemen of London Citizens men of religious integrity he instanced many cases to him concluding that he desired him to put himself upon his Tryal by Law and to hear with patience those offences of Treason were laid to his charge Master Lilburne notwithstanding continued to use several arguments against the Commission of Oyer and Terminer which he knew to be that by the virtue of which they did sit and since he was to be tryed for his life he desired to hear their Commission read but since they had denyed him that he desired all his friends to take notice how contrary to reason and equity they dealt with him Judge Keble urged him still not taking notice of his Traverses to hold up his hand at the Bar which he explained to him was no more but a special notice that the party is the man inquired for and therefore if he were John Lilburne the man that was charged he bid him but say that he was the man and that he was there and that should suffice Lilburne accordingly said I am John Lilburne Son to John Lilburne Judge Jermyn afterwards to perswade him to hold up his hand gave him two reasons why that custom had been alwayes used First for notice that those who are called for capital and criminal offences that they should hold up the hand to declare that they are the men Secondly he said that a pure innocent hand did set forth a clear and unspotted heart for which reason he bid Mr. Lilburne hold up his hand if he refused to do it he deprived himself of the prime benefit of the customs of England Master Lilburne still quibling with the Court and refusing Judge Keble gave order that the Indictment should be read to which purpose Master Broughten read Hold up your hand Master Lilburne and hearken to the charge thou standest indicted of High Treason by the name of John Lilburne late of London Gentleman for that thou art a false Traytor not having the fear of God before thy eyes but being stirred up and moved by the instigation of the Devil c. After he had read it out Master Broughton said What saist thou John Lilburne art thou guilty of this Treason of which thou standest indicted or not guilty Lilburne answered That by the Laws of England he was not to answer questions against or concerning himself Another Judge said Master Lilburne by the Laws of the Land you are to plead to your charge and it is no accusing of your self to say you are guilty or not guilty Master Lilburne instanced the Petition of Right to the former purpose he also excused himself as he was ignorant of the formalities of the Law having none of the Law Books in English and therefore fore them to take away his life in a Language he understood not was extream hard therefore he humbly desired to have Councel assigned him to consult with Judge Keble told him he could not grant him that favour it was not consistent with the Law Master Lilburne still refused to plead without Councel withal he said he was not guilty in any of the treasons in manner or form as they were laid down in the Indictment pointing to it and withal said Now I have pleaded and crave the Liberties of England that you will assign me counsel Master Boughton said By whom wilt thou be Tryed Lilburne replyed By the known Laws of England and a legal Jury of his equals constituted by Law One of the Clerks said you must say by God and your Countrey Master Lilburne said he never read in the Laws of England that he was to plead in that manner Judge Keble explained the word Countrey to him saying By it was meant a Jury of his equals Master Lilburne desired as he had bin a prisoner seven moneths deprived of Books that he might have a reasonable time allowed him to prepare himself for his Plea and Defence or else to knock him in the head in the place where he stood for he must needs be destroyed if they denyed him the means of his preservation After many of his evasions Judge Nichols told him that if he would not be lead by the proceedings of Law it would be worse for him Master Lilburne instanced the freedom of his Tryal at Oxford the Judges in effect told him that he was now at London on a different manner of fact He answered they might murther him if they would observing Master Prideaux the Atturney General whispering Judge Thorpe in the ear he said on the Bench It was not lawful for a Judge to be whispered To which Judge Thorpe replyed that as he was the prosecutor of the State against him he might confer privately with him Master Lilburne quoted to the contrary Cooks Institutes the third part Cap. Treason upon which Judge Keble took him up short and said that if he would not come to something and behave himself according to the bounds of Reason and Law he would cause his Jury to be returned Master Lilburne replyed that he desired to have the priviledge of the Laws of God which he said he himself must acknowledge to be the Law of England and he was sure that the Law of God was that they should do as they would be done by now he said it could not be by the Laws of God for his adversaries to have the helps of all manner of councels by snares quirks tricks and provocations to take away his life and for him to be denyed the benefit to consult with any to preserve himself against such potent malice Judge Jermyn answered the question was not whether the Law of God and the Law of reason and the Law of man may be consonant to each other and whether the Court or John Lilburne shall be Judges thereof that was the question Master Lilburne crying for all equity to himself but allowing the Court none Judge Keble said further that when a man had done such treasonable things that it was the Law of God that he should answer directly and positively whether he were guilty or no and if he answer not guilty and they be not fully proved against him there is no more to be said After some other trifling pro and con Master Lilburne compared the prerogative that he said the Judges made
use of to Nebucadnezzar that endeavoured to destroy Daniel by his prerogative as he was to be thrown into the Lions Den making this application that if they would not allow him councel to consult with to make a Plea for his life it was a vain thing for him to spend any more words Judge Keble the afterwards President of the High Court of Justice replyed Mr. Lilburne this language is but the sparks of that venemous heat that is within you and they may burst out to prove you guilty before us and in our presence if so be that you are charged with without any other proof or proceedings for you may do it I tell you that you may do it where you stand therefore take heed what you say Mr. Lilburne replyed Sir I have cast up my account and I know what it can cost me he blest God he had learnt to dye having alwayes carryed his life in his hand for about twelve years together Judge Keble replyed he should not now lay it down if he did not destroy or cast away the Common-wealth but if he went about to destroy the Common-wealth the Common-wealth would destroy him Master Lilburne replyed he desired nothing but councel and to produce his witnesses Mr. Prideaux the Atturney General answered that if Master Lilburne had these concernments granted to him it would be a president for all future times by means of which there would be no ends of Tryals in criminal cases and that it was a wonderful strange thing to him that when the prisoner had pleaded the usual way that they did not immediately proceed to Tryal He did desire that Master Lilburne might be dealt with all legal just and fair preceedings of the Court he did desire accordingly the proceedings of the Common-wealth be so too that Master Lilburne may be without delay according to the Law proceeded against for his notorious Treasons Judge Keble immediately said well Mr. Lilburne the Court is very tender not to take up any of your time you have heard what was declared to you there that Master Atturney hath made Process against you returnable to morrow at seven of the Clock and therefore to spend more time would be your loss and dammage the Sheriffs of London are to take care to return the Jury to morrow morning and therefore the Court doth adjourn till seven of the Clock to morrow in the morning in the mean time they commit the prisoner at the Bar to the Lieutenant of the Tower again a prisoner Judge Keble said that he had more favour then any prisoner in England ever had for by the Laws of England in matters of Treason whereof Master Lilburne is indicted he ought to have been Tryed presently and immediately and because all the world shall know with what candor and justice the Court doth proceed against him we deferred time till to morrow morning which is the Courts extraordinary favour and the doors are wide open that all the world may know it Mr. Lilburne said Sir I can shew you a hundred presidents to the contrary to disprove what you say Judge Keble bids adjourn the Court Mr. Lilburne humbly thanked the Judges for their extraordinary favour and so the Curtains were drawn for that day the Court having adjourned till the next morning the Prisoner was remanded to the Tower The 26. of October the Friday following he was brought to the Bar with his Brother Collonel Robert Lilburne his Sollicitour Master Sprat and some other of his friends being hardly admitted Judge Keble saying your Brother shall not stand by you there I will onely have one hold your Papers and Books and the rest not to trouble you therefore let them come out of the Court. Master Lilburne pleaded for his Councell instancing Major Rolfes Tryal at Oxford about his intent to poison the King where he had Councell allowed him to which Judge Keble subtlely answered Mr. Lilburne when you come to Tryal you shall see there will be no need of Councel the Court will be instead of Councel to you nay the Court if they see matter of Law for Councel though you do not ask it they will give it you and therefore set your heart at rest for if there be any thing Rational in Law that we can spy out as well as your Councel wee 'l help you in it Master Lilburne answered Sweet Sir I pray but one word more if you deny me what the Law affords me and that which hath been granted to the Law by Cavalier Judges yea and by your fellow Judges who are now in power at this day the Lord deliver me from standing in need of you to be my Councellours Sayes Keble we are upon our lives as well as you Master Liburne replied No by your Favor not in so eminent a manner Judge Keble replied we are upon our lives and our souls to all eternity Master Lilburne desired to be heard one word Judge Keble said he would hear no more Upon which Master Prideaux desired the Court would proceed and not prolong time being he had pleaded not guilty and had confessed someting Lilburne replied No sir you do me wrong and abuse me I never confessed any thing neither did I plead not guilty he said his Plea was conditional grounded on their promises not to take any advantages of his ignorance in their Formalities Judge Keble exasperated at his obstinacy cried out Go on be silent Master Lilburn desired that at least they would let him hear the grand Jury speak for he understood from some of themselves that they never found him guilty but do conceive themselves wronged by some words yesterday that passed from some of the Judges he desired to hear them speak Judge Keble desired him to be rational a word he often used and that he would be silent and hear the Court he told him he could lose no more time to hear him he bid the Crier call the Jury the Crier called and Master Lilburne earnestly prest to be heard but could not Master Lilburne desired to see their faces Judge Keble warned Master Sprat Johns Sollicitour not to talk to the Prisoner he said he might stand and hold the Books but he should not come near the Prisoner to talk to him as he had done the day before Master Lilburne said that the Law allowed a stander by to speak in the Prisoners behalf at the Bar much more to whisper to him but more especially if he were his Sollicitour The Crier called the names Miles Petty William Wormwell John Sherman Thomas Dainty Ralph Ely Edward Keiser Edward Perkins Ralph Packman Francis Woodall William Commins Henry Hauson Roger Jenkenson Joshua Hammond Richard Allen Richard Nevil John Main Henry Jooley Arthur Due Roger Sears John Mayo Henry Jooley Arthur Due Roger Sears The Cryer said you good men of the City appear Stephen Jues John Sherman Ralph Ely Roger Jenkenson Roger Sears John Mayo Nicholas Murren The Clerk of Court sayes to the Jury here is your
pleaded first to my Indictment that you would not take exceptions nor advantage against me for my ignorance in the formalities of the Law I desire you to make good your promise now unto me and assign me Counsel to help my ignorance that so the Counsel against me and my Counsel may agree as I have seen it done hereofore in the case of Duke Hambleton upon the points of fact from which Law is to be deducted and if you please to grant me this legal and equitable favour I shall think my self very much obliged unto you without which justice I cannot conceive upon what ground it can be apprehended I can go on for my time and strength now it is so far spent that I conceive you cannot think my body is made of steel to stand here four or five hours together spending my spirits to answer so many as I have to deal with and be able after all this to stand to return an answer to above five hours charge and that upon life when it seems you will suffer me to mend no blots I hope you do not lie upon the catch to weary and tire me out by putting more upon me then a horse is able to endure and then go about to hang me because I through tiredness want bodily strength and abilities to make and pronounce my defence Sir to my apprehension there does arise upon the matter of fact divers disputes in Law I beseech you therefore allow me my right in Law by assigning me Counsel to help me where I am ignorant and you shall see I shall do that which shall become an ingenuous and rational man and I will put my self clearly upon the Trial of the Countrey or my Jury according to the Law The Lord Keble replyed Mr. Lilburne This that you have heard and that we have patiently sat to hear and prepared a stool for you to have sat upon to have given you that liberty that no body should interrupt you more then us you have heard the fair course that hath been taken in it The Books the charges upon the matter they are but three they are not hard for your memory The particulars of those we do not expect that the Jury should remember them the Books are here they have of them but amongst them there are many more but free your self from the matter of fact if you can and these Books and when you have freed your self from the matter of fact charged upon you and then make it appear that from the matter of Fact Law arises and then if you can when the matter of Fact is clear and Law doth arise you shall have Counsel and you shall have no defect in us to interrupt you but to help you in what we may properly know as our right to do but if you do not first clear and make out this which is the issue upon the point to answer the matter ouf Fact we cannot allow you any Counsel the thing that is to be disputed cannot possible be much on your side it will be but very short for it is not possible I say to be much in time or confusion of your memory to give an answer to this particular matter of Fact the first is the publishing of those Books and the owning of them and the next is the Books themselves But this must be first cleared before you can have any Counsel assigned you at all Now it was high time for Collonel John to pretend that he was tired out he requested the Court for a Chamber-pot which was granetd him afterwards he fell to it back and sides Sayes he Well seeing I must to it the will of God be done but his brother being next to him was heard to press him to pause a little more No brother saith he my work is done I will warrant you by the strength of God I will knock the nail upon the head and so he went into the Bar and set the Chair before him and laid his Law Books open upon it in order as he intended to use them and being ready said Sir I humbly crave the favour since it is my hard lot and fortune at least in my own apprehension to have so much hard measure and injustice as I have to know whether or no you will permit me after that I have pleaded to a matter of Fact according to the Law of England that has been allowed to the highest Traytors in all the Books that I have read of that I may speak in my own behalf unto the Jury my Countrey-men upon whose consciences integrity and honesty my life and the Lives and Liberties of the honest men of this Nation now lyes who are in Law Judges of Law as well as Fact and you onely the pronouncers of their Sentence Will and Minde I say I desire to know when I have pleaded to matter of Fact whether you will be pleased to give me leave to speak to them a few words besides Lord Keble Master Lilburne quietly express your self and you do well the Jury are Judges of matter of Fact altogether and Judge Cook sayes so but I tell you the opinion of the Court they are Judges of matter of Law Mr. Lilburne The Jury by Law are not onely Judges of Fact but of Law also and you that call your selves Judges of the Law are no more but Norman Intruders and indeed and in truth if the Jury please are no more but Ciphers to pronounce their Verdict Judge Jermyn replyed Was there ever such a damnable blasphemous heresie as this is to call the Judges of the Law Ciphers Sir I entreat you give me leave to read the words of the Law then for to the Jury I apply as my Judges both in the Law and Fact Sayes the Lord Keble We will not deny you a tittle of the Law Sayes Judge Jermyn Let all the hearers know the Jury ought to take notice of it that the Iudges that are sworn that are twelve in number they have ever been the Iudges of the Law from the first time that ever we can read or hear that Law was truly exprest in England and the Iury are onely Iudges whether such a thing were done or no they are onely Iudges of matter of Fact Mr. Lilburne sayes I deny it here 's your own Law to disprove you and therefore let not me but read it it is a hard case when a man is upon the Tryal of his life that you will not suffer him to read the Law to the Jury for his own defence he was sure they have caused to be read at large those Laws that made against him Lord Keble said But I shall pronounce to clear the righteousness of that Law whatsoever others will pretend against it that know it not Master Lilburne replyed Sir under favour I shall not trouble my self with any thing but what is pertinent to my present purpose here is the first part of Cooks Institutes it is owned by all the Lawyers that I
know or ever heard of in England for good Law Judge Keble answered If you can convince us that matter of Law does concern you the Iury you say something Mr. Lilburne answered Sir I have been shuffled too much out of my Liberties already give me leave to read but the Law to the Jury I will make use of nothing now to them but your own words and when I have done I will leave my self to them and the guidance of God upon their conscience and having the Book open in his hand he said in the first part of Cooks Institutes sex 366. fol. 226 227 228. in his Exposition of Ployden hath these words The Lord Keble answered Have we dealt so fairly with you all this while pray be confident those that are quotations there are not for your purpose but I thought how good a Lawyer you were for to set Cooks Commentaries upon Ployden when there is no such Book or Commentary go to your matter of Fact which is clear but for this let it fall down and spare your self and trouble your self no more with Cook he has no Commentary upon Ployden But Master Lilburne prest to speak Judge Iermyn cryes out Hold Sir Mr. Lilburne replyes What will not you allow me liberty to read your Law O unrighteous and bloody Judges Judge Iermyn answers By the fancy of your own minde you would puzzle the Iury we know the Book a little better then you do there is no such Book as Cooks Commentary upon Ployden The Lord Keble said Sir you shall not read it Judge Iermyn sayes he cannot be suffered to read the Law he had broached an erroneous opinion that the Iury are Iudges of the Law which is enough to destroy all the Law in the Land there was never such a damnable heresie broached in this Nation before The Cryer cryes out Hear the Court. Master Lilburne answers Do your pleasure then here I le dye Jury take notice of their injustice but seeing they will not hear me I appeal to you and say It is an easie matter for an abler man then I am in so many interruptions as I meet with to mistake Ployden for Littleton I am surehere is Cooks Commentaries upon Littleton and these be his words In this case the Recognitors of the Assize may say and render to the Justices their Verdict at large upon the whole matter which I am sure is good Law forasmuch as we see it continually done in all actions of Trespass or Assault where the Jury doth not onely judge of the validity of the proof of the Fact but also of the Law by assigning what damages they think is just Lord Keble said I am sure you are in an errour in a gross one as possible a man can be in this is so gross that I thought it could not have come from Master Lilburne that professeth himself to be a rational and knowing man Master Lilburn goes on And in another place he saith For as well as the Jurors may have Cognizance of the Lease they also as well may have Cognizance of the condition And further there Cook saith Here it is to be observed that a special Verdict or at large may be given in any Action and upon any Issue be the Issue General or Special And in Section 368. Littleton hath these words Also in such Case where the Inquest may give their Verdict at large if they will take upon them the knowledge of the Law upon the matter they may give their verdict generally Cooks words upon it are fully to the same purpose who saith Although the Jury if they will take upon them as Littleton here saith the knowledge of the Law may give a general Verdict I am sure this is pertinent to my purpose and now I have done Sir The Lord Keble replyes You have spent a little time but you have done your self no good I thought you had understood the Law better then I see you do Master Lilburne Now Sir as to matter of Fact according to your own desire seeing you have broke your promise and will allow me no Councel but lye at catch with me sayes he I shall come to it without any Preamble The Statute of the 1 Edward 6. Chap. 12. I desire the Jury may take notice of the Statutes and the 5. and 6. of Edward the sixth Chap. 11. here 's the Statute Book which doth expresly declare That no man shall be condemned for Treason petty Treason nor any such like Crimes but by the Evidence and clear proof of two legal and sufficient Witnesses Sir Edward Cook in his third part Institutes Chapter of High Treason is absolutely of the same opinion folio 12 In this branch sayes he four things are to be observed First this word proveablement proveably that is upon direct and manifest proof not upon conjectural presumptions or inferences or strains of wit but upon good and sufficient proof of two Witnesses and this is folio 12. And here in the Adverb proveablement proveably hath a great force and signifieth a direct and plain proof And secondly This word attaint necessarily implyeth that he be poceeded with and attainted according to the due course and proceedings of Law and not by absolute power or by other means as in former times it hath been used And folio 24. Chap. Petty Treason he saith It hath been holden that upon the Tryal of misprision of Treason there must be two lawful Witnesses as well upon the Tryal as the Indictment as it was resolved by the Justices in the Lord Lumleys case Hill 14. Eliz. reported by the Lord Dier under his own hand and in the margent he hath this note upon it That this is the last resolution of the Judges upon it And a litttle below in the same folio and folio 25 he saith Therefore upon the Indictment which is in manner of an accusation by the Statutes of 1. Edward 6. Cap. 12. 5. 6. Edward 6. Cap. 11. Two lawful Witnesses are requisite And in folio 240. he hath the same his words are these Attainders of Treason c. ought to be upon plain and direct evidence as before is said for if the party be executed restitution may be had of his Lands but never can be had of his life Now I have done Sir Lord Keble I hope the Jury hath seen the Evidence so plain and so fully that it doth confirm them to do their duty and to finde the Prisoner guilty of what is charged upon him J. Iermyn This that you have said makes much for the Iury. Afterwards there were several witnesses examined Mr. Thomas Newcomb as to a Book he printed the last sheet of it entituled The Apprentices Out-cry which Mr. Newcomb by circumstances acknowledged was taken before it was perfected Afterwards John Took John Skinner Thomas Lewis John Hawkins John Merriman the Witnesses were sworn all which Master Lilburne did so order with his Queries and confident Questions that they were at their wits ends Mr. Lilburne all
being by the divine disposal from the foregoing part of his life as strange as ever I have read in History His last words were to this effect Christian People I come hither to dye I am brought hither to dye and that I may dye Christian like I humbly beseech the assistance of your Christian prayers that by the benefit of them my passage may be the more easie Yet because men in that condition which it hath pleased God to reduce me to give the more credit to Speech in the discharge of my duty towards God I shall use a few words and so conclude I pray all of you joyn with me to praise this Almighty God to whom I desire to render all hearty thanks as for all his mercies so in particular for this that he hath brought me hither that whereas I owe a debt to sin and to nature that now I can pay the debt to nature I can pay it upon the account of Grace And because it is fit to render the blessed account of that hope that is in me I shall tell you to the praise of Almighty God that I have been born and bred up in the Doctrine of the Church of England I have no negative Religion believing to be saved by the onely merits of my Saviour Jesus Christ and whatsoever else is profest in the Doctrine and Discipline of the Church of England authorized by Law humbly beseeching Almighty God to restore unto this Church her peace prosperity and patrimony whereof I have been an obedient and a loving however an unworthy Son and now both my hope being confident and my faith perfected there remains onely Christian Charity Charity we carry into heaven Charity on earth that I leave beseeching all whomsoever I have offended to forgive me as I from the bottom of my heart do all whomsoever blessing Almighty God for the happy advantage he takes to bring me the sooner to heaven I bless Almighty God that he hath given me this advantage as he hath been merciful to me before the foundation of the world in my Saviour so that now he hath in mercy honoured me with a suffering for his name in obedience to his Commandment On this day sevennight I was summoned before that Justice which condemned me on Friday last praised be Almighty God that by this way he hath brought me nearer to himself My charge I presume is publick as my punishment is visible if there have been any thing in the management of my part being unskilful having discontinued my own countrey many years I shall beseech the Christian Charity of all you my beloved Countrey-men to impute it rightly to the ignorance of my unskilful wayes of managing of affairs it was objected unto me there that I had a vanity of delighting in strange tongues I do acknowledge that I was best skilled in the Italian but free from that vanity I thank Almighty God and therefore I would in defence of my life if it had been the custom here or the Judges favour have used that language which was almost as natural to me as my mother tongue It was objected that I did not so freely as a thorow-paced Cavalier own my Master I was told since I came into England this skill I have in our Laws that a legal denyal in Law might be tollerable I hope I did not exceed the bounds of that in any thing for God forbid that I should be ashamed of serving so good so pious so just a Master putting off his hat for this I rejoyce and I humbly beseech Almighty God to fill my heart and my tongue and all that hear me this day with thankfulness for it As to the business that another construction had been made and believed here then what was there the righteous God knoweth it if any weakness were in the management that was mine I was sent to serve and protect not to injure any as God acquits me of the intention of matter of fact as having not done any manner of evil that way however here understood blessed be his holy name again putting off his hat so those Gentlemen of the Turky Company if they would might acknowledge for they know it very well the impossibility of my doing them any manner of harm Whereas that of the Embassy objected against me that my Master honoured me with it though I was never worthy of it I was his messenger and Internuntio for the conservation onely of his good Subjects of all the Merchants untill such time as he could confirme that Gentlemen now Resident or to send any other and they themselves know that there was an unpossibility as I bless God there was an innocency in me unto any such intention to do them harm for my Masters commands were point blank the contrary I was onely sent for their good as I never owned the title so the very letters themselves speaking no other I never did so much as think of any manner of address to the Grand Signior but gave him the letter from my Master the rest of the English Nation that were there present may when they please assert so much This I would insert that those Gentlemen as they have been losers by the miscarriages of others may now have a breach of their charity with me but if it be as it seems it is now in this Countrey a sin to be loyal I hope my God hath forgiven that when it is upon harmless employment not invading any according to my just Masters order for indeed I have been alwayes bred up in the Religion of Loyalty my Allegiance hath been incorporated into my Religion and I have thought it a great part of the service due from me to Almighty God to serve the King again putting off his hat He said I need not make any apology for any thing in relation to the present Affairs in England for were I as I spake beformy Judges were I as evil as my sentence here hath made me black it were impossible for me to have prejudiced any body in England or to England belonging in that employment but I bless God for his infinite mercy in Jesus Christ who hath taken me to himself by this manner of way it was the best Physick for the curing of my soul and those that have done it have no more Power then that of my body I leave nothing behinde me but that I am willing to part withal all that I am going to is desirable and that you may all know that Almighty God hath wrought in me a total denyal of my self and that there is that perfect reformation of me within of my own corruptions by the blessed assistance of his holy spirit I desire Almighty God in the abundance of the bowels of his mercy in Jesus Christ not onely to forgive every enemy if any such be in the world here or wheresoever but to bring him into his bosom so much good and particular comfort as he may at any time whether the cause
upon the Coast of France as they were returning homewards from the Venetian service richly laden being all men of War of considerable burthens Soon after so great their feud was that the Navies engaged in another Fight at a place called the Kentish Knock wherein the Dutch were again defeated eleven of their men of War set upon four of the English in the Straights took the Phenix Frigot and much damaged the other In a short space after another Sea Engagement ensued on the Back-side of Goodwin Sands wherein the English were worsted four ships taken and a considerable loss of men The greatest fight of all was near the Isle of Wight and Portland wherein the Dutch received a great overthrow fifty Merchants being taken nine men of War above two thousand slain and fifteen hundred taken Prisoners But this great Victory soon after received a check the English Fleet in the Levant Seas being again worsted by the Dutch with the loss of divers ships and men But leaving off these Sea Affairs for a time let us come to General Cromwel from whom I have already been enforced to digress who pretending for the better accomplishing of his own designs the dilatory proceedings pernicious and arbitrary actings in the Parliament to perpetuate their Session to be very dangerous and enthrall the Nation this train of his he knew would take well with the people who were great adorers of the name of liberty and desirous of change he therefore resolved to put a period to the Parliament and accordingly accompanied by the chief Officers of the Army he entered the House and having declared his intentions some by force some through fear and others not without a great deal of reluctancy and murmuring departed the House To set a fair gloss upon what he had done and to give some satisfaction to the people he publishes a Declaration the substance whereof followeth That after God was pleased marvellously to appear for his people in reducing Ireland and Scotland to so great a peace and England to perfect quiet whereby the Parliament had opportunity to give the people the harvest of all their labour blood and treasure and to settle a due liberty in reference to Civil and Spiritual things whereunto they were obliged by their duty engagements and those great and wonderful things God hath wrought for them But they made so little progress therein that it was matter of much grief to the good people of the Land who thereupon applied themselves to the Army expecting redress by their means who though unwilling to meddle with the Civil Authority agreed that such Officers as were Members of Parliament should move them to proceed vigorously in reforming what was amiss in the Common-wealth and in settling it upon a foundation of Justice and Righteousness which being done it was hoped the Parliament would have answered their expectations But finding the contrary they renewed their desires by an humble Petition in August 1652. which produced no considerable effects nor was any such progress made therein as might imply their real Intentions to accomplish what was petitioned for but rather an averseness to the things themselves with much bitterness and opposition to the people of God and his spirit acting in them insomuch that the godly party in Parliament were rendred of no further use then to countenance the ends of a corrupt party for effecting their desires of perpetuating themselves in the supream Government For obviating these evils the Officers of the Army obtained several meetings with some of the Parliament to consider what remedy might be applied to prevent the same but such endeavours proving ineffectual it became evident that this Parliament through the corruption of some the jealousie of others the non-attendance of many would never answer those ends which God his people and the whole Nation expected from them But that this cause which God had so greatly blessed must needs languish under their hands and by degrees be lost and the lives liberties and comforts of his people be delivered into their enemies hands All which being sadly and seriously considered by the honest people of the Nation as well as by the Army it seemed a duty incumbent upon us who had seen so much of the power and presence of God to consider of some effectual means whereby to establish righteousness and Peace in these Nations And after much debate it was judged necessary that the Supream Government should be by the Parliament devolved upon known persons fearing God and of approved integrity for a time as the most hopeful way to countenance all Gods people reform the Law and administer Justice impartially hoping thereby the people might forget Monarchy and understand their true interest in the election of successive Parliaments that so the Government might be settled upon a right Basis without hazard to this glorious cause or necessitating to keep up Armies for the defence of the same And being still resolved to use all means possibly to avoid extraordinary courses we prevailed with about twenty Members of Parliament to give us a conference with whom we plainly debated the necessity and justness of our Proposals The which found no acceptance but instead thereof it was offered that the way was to continue still this Parliament as being that from which we might probably expect all good things This being vehemently insisted on did much confirm us in our apprehensions That not any love to a Representative but the making use thereof to recruit and so to perpetuate themselves was their aim in the Act they had then under consideration For preventing the consummating whereof and all the sad and evil consequences which upon the grounds aforesaid must have ensued and whereby at one blow the interest of all honest men and of this glorious Cause had been endangered to be laid in the dust and these Nations embroyled in new troubles at a time when our enemies abroad are watching all advantages against and some of them actually engaged in War with us we have been necessitated though with much reluctancy to put an end to this Parliament This Declaration was seconded by another for settling a Councel of State to give some satisfaction to the people what Government they intended which Declaration for the Readers further satisfaction take as followeth Whereas the Parliament being dissolved persons of approved fidelity and honesty are according to the late Declaration of the 22. of April last to be called from the several parts of this Commonwealth to the Supream Authority and although effectual proceedings are and have been had for perfecting those Resolutions yet some convenient time being required for the assembling of those persons it hath been found necessary for preventing the mischiefs and inconveniences which may arise in the mean while to the publick Affairs that a Councel of State be constituted to take care of and intend the peace safety and present mannagement of the Affairs of this Commonwealth which being settled accordingly the same is hereby
declared and published to the end all persons may take notice thereof and in their several places and stations demean themselves peaceably giving obedience to the Laws of the Nation as heretofore in the exercise and administration thereof as endeavours shall be used that no oppression or wrong be done to the people so a strict accompt will be required of all such as shall do any thing to endanger the publick peace and quiet upon any pretence whatsoever O. Cromwell April 30. 1653. Certainly Parliaments if rightly chosen are the best physick to cure and redress the distempers of the Body Politick which might overflow in their intervals King James after his dissolving of three Parliaments did comply with the last he said he should be in love with Parliaments having learnt so many things by them which otherwise he should never have known His Son afterwards dissolved three whereof one of them proved fatal to him whereas the Virgin Queen that was well enough acquainted with the constitution of the Body of the Nation called Parliaments frequently but continued none very long by which as she came to be Mistress of the affections of the people so she was Commandress in chief of their purses Whereas the connexion of Great Cromwells Affairs as he was inveloped in designs forced him as they were to be read like to Hebrew backwards whatsoever he dissembled otherwise to use the subtlest of his endeavours like the Mole to undermine and render Parliaments odious to the people which afterwards were no extraordinary friends to himself though they may possibly be civil to his posterity These domestick revolutions put new life into the Dutch who hoping from these distractions to reap a Victory over the English with great confidence put forth again to Sea thinking upon nothing so much as Chapmen for the English Fleet saying It was to be cried out by the sound of trumpets and horns But they were deceived in their expectations for coming to a fight on the North Foreland near unto the South point of the Gober their Fleet was defeated eleven men of War and two water Hoyes being taken besides six Captains and fifteen hundred Prisoners and six men of War which were sunk Certainly this War with the Dutch which the Parliament so successively drove on had not without great advantages been ended by them onely the Protectour at the present as a leading Card to his other Treaties entertained the Dutch tenders he being forced to take the first opportunity to signalize his Honour as also to please the more timerous sort of people with a sudden alliance of friends Not long after to set the better face on his resolute proceedings Cromwel calls another Parliament convened at Westminster who met July 4. 1653. to whom Generall Cromwel made a long speech declaring the wonderful mercies of God towards this Nation the progress of Affairs since the famous Victory at Worcester and the clearness of the Cull given them to take upon them the Supream Authority intermixt with sundry phrases of Scripture to make it the more plausible Then he produced an Instrument under his own Hand and Seal whereby the Supream Authority of the Nation was devolved upon them unto whom all persons were to yield obedience and subjection He declared that they were to sit no longer then the third of November 1654. and three moneths before their dissolution they were to make choice of other persons to succeed them who were not to sit above twelve moneths and then to take care for a succession in Government Now was the time come for the train to take the Dutch having as hath been expressed cast the urine of the present Affairs being quite tired with their continual losses sent Commissioners over into England to treat of Peace It hath been the result of the opinions of those that had their eyes in their heads that the Dutch thought to have made up their mouths to have taken our Navy napping in the time of the Treaty the Fight happening betwixt them and us but they found it otherwise their whole Fleet was put to flight their Admiral Van Trump a man of eminent valour being slain about thirty men of War sunk and fired six Captains and about a thousand men taken prisoners and about six thousand slain This great Victory did not a little conduce to hasten the conclusion of the peace but on such terms as were as one writes at that time more honourable for his present designs then advantageous to the English Nation For this service gold chains were presented to the Generals Blake Monk Penne and Lawson and to the other Flag Captains and silver Medals to the other Officers of the Fleet. Of the puissance of our Navies and the Dominion of the English at Sea accept what the Laureat of this Nation to the life expresses Lords of the Worlds great waste the Ocean we Whole Forrests send to reign upon the Sea And every Coast may trouble or relieve But none can visit us without our leave Angels and we have this Prerogative That none can at our happy seat arrive While we descend at pleasure to invade The bad with vengeance or the good to aid Our little world the image of the great Like that amidst the boundless Ocean set Of her own growth has all that Nature craves And all that 's rare as Tribute from the waves As Egypt does not on the Clouds rely But to her Nyle owes more then to the Sky So what our Earth and what our Heaven denies Our ever constant Friend the Sea supplies The taste of hot Arabia's Spice we know Free from the scorching Sun that makes it grow Without the Worm in Persian silks we shine And without planting drink of every Vine To dig for wealth we weary not our limbs Gold though the heavy'st Mettal hither swims Ours is the Harvest where the Indians mowe We plough the deep and reap what others sowe To reckon up the several opinions which about this time like Hydra's heads continually sprung up one upon the neck of another were a task ad infinitum and those of several kindes some for imposition of hands anointing with oyl and washing of feet some against them Brownists others Millinarians Arminians Seekers Ranters Enthusiasts Arians Pelagians Quakers cum multis aliis of all which I shall onely say thus much God knows his own time who suffers the Tares and the Wheat to grow together till Harvest there ought to be a great care least in plucking up the tares we pull up the wheat we ought not to invade mens consciences but to wait God Almighties leasure The Parliament having sat about as many weeks as the other had done years they dissolved themselves immediately making way for General Cromwel by their dissolution to be chosen Lord Protector of the Common-wealth of England Scotland and Ireland and of all the Islands and Territories thereunto belonging December the 16. 1653. Thus all men in their right wits may perceive how he laid down
name of God Almighty promise and swear that to the uttermost of my power I will uphold and maintain the true Reformed Protestant Christian Religion in the purity thereof as it is contained in the Holy Scriptures of the Old and New Testament to the uttermost of my power and understanding and encourage the Profession and Professours of the same and that to the utmost of my power I will endeavour as Chief Magistrate of these three Nations the maintenance and preservation of the Peace and Safety and just Rights and Priviledges of the People thereof and shall in all things according to our best knowledge and power govern the people of these three Nations according to Law These Ceremonies being performed a Herald of Arms by sound of Trumpet proclaimed him Lord Protectour of England Scotland Ireland and the Dominions thereto belonging hereupon the Trumpets sounded again and the people after the usual manner gave several acclamations with loud shouts crying God save the Lord Protectour His Higness had scarce accepted of these Honours but as if the ill affected would not let him breath yet another Plot is discovered Collonel Edward Sexby is said to have conspired against the Lord Protector for which he was committed to the Tower where having continued about half a year he died But to reflect a little back Mazarine that great Minister of State on which hinge all the grand Affairs of France turn perfects a Peace with England the Protector having no regard to those advantages that Spain might render him as to Commerce the places of Hostage which she proffered to put into his hands as Gravelin Dunkirk and others he was swayed with other Interest which he best understood himself to prefer an Alliance and League with France before all those advantages except his civillity induce't him which seldom had such power over him to look more lovingly upon France as the weakest at that time being abandoned by some of her Allies as quite disordered by an Intestine War in her own Bowels her Navigation totally ruined as the Pirates of Dunkirk had blockt up all her Sea Ports whereas the English scowred those Seas chast away the Pyrates and reduced the Mounsieur and Diego by their successes to their so likely advantageous peace Indeed as one writes it was a high generosity since the English caused the French to lose Graveling and Dunkirk to help France again to take those places In the mean space was not here rare bandying of Interests France having thus perfected a Peace with England they joyntly resolve to unite against the Spaniard hereupon Sir John Reynolds with six thousand Foot was sent into Picardy to joyn with the French Cavalry which compleated as gallant an Army as had been seen in France for many years together These joyntly besiege and take Mardike a strong Fort of the Spaniards in Flanders whereof Major General Morgan took possession for the English as the earnest of further Conquests which the Spaniards attempting for to regain were twice repulsed with very great loss But the joy of these Successes was mitigated by the death of Admiral Blake who as he got his Honour by the Sea died on it and that within sight of Plimouth He was a man who had deserved of his Countrey and might justly be stiled the Neptune thereof His Body was brought with a Naval pomp by water from Greenwich to Westminster being a suitable Ceremony to his employment and was there buried in Henry the Sevenths Chappel Upon whom an Ingenuous person bestowed this Epitaph Here lies a man made Spain and Holland shake Made France to tremble and the Turks to quake Thus he tame'd men but if a Lady stood In 's sight it rais'd a Palsie in his bloud Cupids Antagonist who in his life Had Fortune as familiar as a VVife A stiff hard Iron Souldier for he It seems had more of Mars then Mercury At Sea he thundered calm'd each raging wave And now he 's dead sent thundring to his Grave Soon after was St. Venant taken by the English the Lord Henry Cromwel made Deputy of Ireland Sir John Reynolds Collonel VVhite and some other Officers drowned upon Goodwin Sands as they were coming out of Flanders into England One writes that the subtilty of discovering of Plots though but in the Embrio or before they are hatcht in the time of peace is the most succinct way of letting of blood March 24. the last day of the year accounted for 1657. a great Conspiracy was again discovered in London several Regiments ' as was said being enrolled who on the first day of May in the night time should have set fire on several parts of the City and whilest the confusion and horrour thereof had seized all men they should have made a general masacre of all who opposed them Hereupon several persons were apprehended as Doctor Hewet Sir Henry Slingsby Collonel Asbton c. and a High Court of Justice erected for the tryal of them and first they began with Sir Henry Slingsby the Articles charged against them will in part discover themselves in their several speeches made just before their deaths In short they were both condemned Dr. Hewet professing himself to be ignorant of such Law though amongst the most learned Divines few of them were more knowing in the Gospel being taken in three defaults upon formalities of the Court was proceeded against as mute June 8. 1658. was the day appointed for their beheading Sir Henry Slingsby first mounting the stage spake in effect as followeth That he stood condemned by the Court of Justice as contriving and endeavouring to withdraw divers Officers of the Garrison of Kingston upon Hull from their duty and perswading them to a surrendring and yielding up of that Garrison and one that held correspondence with some beyond sea to that end That it was true he had conference upon that account with the Officers of that Garrison and that he gave Major Waterhouse a Commission signed Charles R. But that it was but an old one that had lain by him though he thought fit to make use of it to the Major Many passages he said there were which he would not insist on that some friends of his had made application to his Highness for the saving his of life but it seems it was thought fit not to be granted and therefore he submitted and was ready to dye c. Having uttered these and the like words he took off a Ring from his Bandstrings wherein instead of a Seal engraven was the Picture of the late King exactly done and giving it to a Gentleman that stood by him he said Pray give this to Harry Then he addrest himself to prayer wherein he continued some time taking leave of his friends he submitted his neck to the Block and had his head severed from his body at one blow by the Executioner This at one blow by the Executioner the Reader may observe hath been very often repeated in this Volume His Tragick Scene being
acted that Religious and Reverend Divine Doctor Hewet the golden-tongu'd Chrysostom entered the Lists of Death In this warfare the Doctour put on the spiritual armor of a blessed confidence delivering his minde to the people in these following words I am now become a publick spectacle to men and Angels and I hope God who is omniscient is now beholding me with much pitty and great mercy and compassion and the more because I am now come to that end that his own Son came into the world to to bear witness to the Truth he himself said For this end was I born for this cause came I into the world that I should bear witness to the Truth I was brought into the world the Christian world for to bear witness to the truth of the Gospel as a common Christian I was brought into the world the Church as a Minister of his blessed Word and Sacraments Blessed be his name for that great honor and dignity and I came into the world to dye more immediately for the testimony of Jesus which God hath now called me to I came into this world this Commonwealth to be a member thereof to bear witness to the truths of the Customs the Laws the Liberties and Priviledges thereof so I am a Member of the Common-wealth And methinks it seems to me a strange thing that in as much as we all plead for Liberty and Priviledges and I pleading for the Priviledges the Laws the Statutes and the Customs of this Land yet I should dye by those that should stand for the Laws the Statutes and Priviledges of the Land And I am here beheld by those that plead for their Liberties and I hope I am pittied because I here give up my self willingly and freely to be a State-Martyr for the publick good and I had rather dye many deaths my self then betray my fellow-freemen to so many inconveniences that they might be like to suffer by being subject to the wills of them that willed me to this death And it is worthy remembrance that Master Solicitor having impeached me of Treason to the Commissioners of the Court against his Highness I did often when brought before those Commissioners plead for the liberties of the people of England though I had no knowledge of the Law yet I had instructions from those that were learned in the Law and had several Law-cases and Presidents put into my hand though not by them and urged several Law-cases and made my appeal First for the Judicature that I was to be tryed by Whether it were according to Law Whether it were according to the Act and whether it were according to the words of the said Act I did appeal to have the said Act argued by learned Lawyers on both sides and then to be resolved by his Highness own Councel which was denied me This by the by I pressing the Argument made a second Appeal that those Judges if they would give singly their several judgements that it was a just and lawful Court of Judicature I would answer to my Charge I did make another Appeal to those that were his Highnesses Councel and pleaded against me That if they would deliver it to me under their hands to be according to Law I would then go on to plead and answer to the Charge What was then said further my spirits being faint I shall not say much but onely this I was taken in three defaults upon formality of the Court It seems it is a custom in all Courts which I did not know before that if they answer not the third time speaking by the Clerk that then they are guilty of three defaults and proceeded against as mute I had no such knowledge of the Law So they found me guilty of those defaults and when I would have pleaded and resolved to begin to plead I was taken from the Bar. I did the next day make my Petition to the Court in the Painted Chamber two Petitions were presented the same in effect the former the Title was mistaken Yet because the title was mistaken and no answer given therefore it was that another Petition was drawn up to the same effect with a new title given as I remember presented by the Serjeant at Arms and one writ it over in such haste lest they should be drawn out of the Painted Chamber into the Court that I had not time to read it over onely I subscribed my name and there was in the front of the Petition a word left out but what the word was I know not and this was taken so ill as if I had put an affront and contempt on the Court And it was thought they would have heard me plead and then because of that mistake they sent word I should have my answer when I came into the Court and my answer was the sentence of condemnation And therefore I pray with all my soul that God would forgive all those that occasioned the charge to be drawn against me to give such unjust things against me I pray with all my soul that God would forgive all those that upon so slender and small grounds adjudg'd me to dye taking advantage of such simple ignorance as I was in And I had at the very beginning of my pleading engaged their Honours no advantage should be taken against me to my prejudice that in as much as I understood nothing of the Law And having heard that a man in the nicety of the Law might be lost in the severity thereof meerly for speaking a word out of simple ignorance I made it my prayer to them that no advantage might be taken against me to the prejudice of my person And there was to me a seeming consent for the President told there should be no advantage taken against me and upon these Considerations I am afraid there was too great uncharitableness but I pray God forgive them from the very bottom of my soul and I desire that even those that shed my blood may have the bowels of the God of mercy shed for them And now having given you the occasion of my coming hither it is fit I should give you somewhat as concerning my self as I am a Christian and as I am a Cleargy-man First as I am a Christian I thank God I was baptized to the Holy Church so I was baptized to be a Member of the Holy Catholique Church that is the Church of England which I dare say for purity of Doctrine and orderly Discipline till a sad Reformation had spoiled the face of the Church and made it a query whether it were a Church or no I say it was more purely Divine and Apostolical then any other Doctrine or Church in the Christian World whether National or Classical or Congregational And I must tell you That as I am a Member of this Church so I am a Member of the holy Catholique Church and shall give a most just confession of my Faith both negatively and affirmatively negatively I am so a Member