sooner venture to do then to make himselfe the Author of a new and good one seeing it hath been observed that few Statesmen have ever opposed Princes but rather seconded and assisted them in their bad inclinations From whence it comes that few Statesmen have converted Princes from ill courses but been themselves perverted from that goodnesse which seemed to be before in them Historians therefore neither imputed the goodnesse of AUGUSTUS to MARCUS AGRIPPA or STATILIUS TAURUS nor TIBERIUS faults to SEJANUS According to that sentence of MACHIAVELL Recta consilia à quocunque profiscuntur à Principis prudentia non autem Principis prudentia à rectis consiliis derivatur At that time the King declared to his Councell an intention that he had of calling a Parliament in England to begin in Aprill following The people seemed to wonder at so great a novelty as the name of a Parliament but feared some further designe because it was so long deferred whilest in the meane time preparations for a Warre against Scotland seemed to go forward and the Deputy of Ireland was first to go over and summon a Parliament in Ireland which he accordingly did crossing the Seas about the end of December What worke he was to do there the people knew not but wished that the English Parliament might have begun before the Scottish businesse had proceeded too farre which they supposed might happily prevent so sad a Warre and save those charges which would before Aprill grow upon such warlike preparations and require a supply from that Parliament that it were better to prevent such a necessity then purposely to stay till that necessity were made On the 18. day of that December the Earle of TRAQUARE by a Command from the King under his Privy Seale broke up the Parliament in Scotland and prorogued it till the second day of Iune in the following yeare The Scots complained that it was a new example and breach of their Liberties not heard of before in twenty ages That a Parliament fully assembled and compleat in all her Members whilest businesse of moment was depending should be dissolved without the consent of the House it selfe That whatsoever Kings in other Kingdomes might do it concerned not them to enquire but it was absolutely against their Lawes according to which the King had lately promised them he would onely proceed TRAQUARE immediately upon the dissolution of the Scottish Parliament hastened to the Court of England to certifie the King of all proceedings And the Parliament Deputies of Scotland dispatched away with speciall instructions to the King also foure Commissioners the Earles of DUMFERLING and LOWDEN DUGLASSE and BARCLAY Their instructions were That before the King himselfe not the Councell of England because of the independency of that Kingdome they should complaine of those injuries and intreat redresse which had been offered to them since the Pacification The dissolving of their Parliament The Garrisonning of Edenburgh Castle with three times as many as would serve for defence The garrisoning of Dun-Britain Castle with English Souldiers That the Scots trading in England but more especially in Ireland were enforced to new Oathes damning their late Covenant and contrary to the Articles of Pacification They sent withall an information to the English Nation in generall touching all their proceedings and intentions and expressing at large as may be there read what particular injuries they had received since the Pacification and how much contrary to that Agreement The foure Scottish forenamed Commissioners after some audiences before the King and divers of his English Councell were in March committed to Prison the King intending shortly to charge them the Parliament being neere LOWDEN to the Tower and the other three to other custody About this time the Earle of STRAFFORD returning out of Ireland where he had held a short Parliament and gotten foure Subsidies from them came to the King againe and the English Parliament being presently to begin an accusation was drawne against LOWDEN then Prisoner in the Tower concerning a Letter written from the Scottish Covenanters to the French King to which Epistle the said Earle had set his hand The matter of accusation was That the Scots weary of obedience to their owne King had recourse to a forraigne Prince for assistance and by that meanes might draw the Armies of France into this Island His answer was The Letter was written in May 1639. when Scotland was threatned with a grievous invasion and they had notice that by Ambassadors and Agents their Cause was represented odious to all forraigne Princes and States That their intention was to cleare themselves from those aspersions abroad and especially to the King of France whose Ancestors had been ancient friends to the Kingdome of Scotland and for feare least that King might possibly be wrought upon to be their Enemy otherwise That it was not to draw Warlike assistance from the King of France which neverthelesse they thought lawfull in an extreame necessity and persecution but only his mediation in their behalfe to their owne King and that the Letter well examined would beare no other sence Though there were mention of aid yet their secret instructions to their Messenger had specified what kinde of aid it was which they desired But howsoever they alledged that the draught of that Letter did not then please them nor was it at all consented to nor intended to be sent besides that the Superscription To the King at which so great exception was taken as if they acknowledged the French King for their Soveraigne was not written at all by them but added by some Enemy after that it was gotten out of their hand Besides all this the thing was done afore the Pacification and Act of Oblivion and ought not now to be remembred against them Whether their answer were sufficient or not true it is that nothing at all was made of that businesse though the King himselfe at the beginning of the English Parliament mentioned it against the Scots as a proofe of their disloyalty and justification of those Warlike preparations which he had made against them The Scots in the meane time had written to the English Parliament a large Justification of all their proceedings intreating them by the way of Brotherly advice To be wary in vindicating their owne Lawes and Liberties to frustrate the designe of those evill Counsellors who had procured this Parliament for no other end then to arme the King with warlike supplies against his Scottish Subjects and by that Warre to inslave if not ruine both the Nations That after so many violations and dissolutions of Parliaments in England this was not called to redresse grievances but to be so over-reached if they were not carefull and couragious that no possibility should be left for the future of redressing any That some dangerous practise might be well suspected when at the same time a Parliament was denyed to Scotland though promised by the word of a King granted to England when not
pounds and the rest of the Clergy according to their abilities proportionably to make up the summe Certaine it is it was not in any substantiall way advantagious to the King but onely to give them time and opportunity to taxe the Clergy in Money for supplying his Majesty in the Warre then on foot against the Scots The King must needs be driven to a great exigent at that time having so expensive a Warre in hand and wanting the assistance of Parliament The courses that were then taken by the King to supply that defect were partly the contribution of the Clergy to whom that Warre was lesse displeasing then to the Laity Collections were made among the Papists Writs of Ship-money were issued out againe in a greater proportion then before great Loanes were attempted to be drawne from the City of London to which purpose the names of the richest Citizens were by command returned to the Councell Boord But these waies being not sufficient some other were made use of which were of a nature more unusuall as the seizing of Bolloine in the Tower the Lord COTTINGTON also for the Kings use tooke up a great Commodity of Pepper at the Exchange to be sold againe at an under rate A consultation was also had of coyning 400000. l. of base Money upon allegation that Queen ELIZABETH had done the like for her Irish Warres but the King waved that upon reasons which the Merchants gave of the inconveniencies of it The Scots hearing of the breach of this English Parliament thought it high time to provide for their owne safety and being restrained in their Trade and impoverished by losse of Ships seized in divers parts resolve to enter England with a sword in one hand and a Petition in the other signifying in the meane time to the people of England in two large Remonstrances what their intentions were to that Nation and the reasons of their entrance which who so pleases may reade at large in their printed Booke When the King had notice of the Scots intentions a Fleet was forthwith sent to annoy the Maritime Coasts of Scotland and a Land Army to meet at Yorke where the Earle of STRAFFORD as President of the North commanded in Chief though the Earle of NORTHUMBERLAND at the time of raising the Army was named Generalissimo but for want of health could not be present A great Magazine of Ammunition had been sent to Hull Newcastle and Berwick the Castle of Edenburgh being kept by RIVEN a firme man to the Kings side But in the Expedition of the Kings Army towards the North it was a marvellous thing to observe in divers places the aversenesse of the Common Souldiers from this Warre Though Commanders and Gentlemen of great quality in pure obedience to the King seemed not at all to dispute the cause or consequence of this Warre the Common Souldiers would not be satisfied questioning in a mutinous manner Whether their Captaines were Papists or not and in many places were not appeased till they saw them receive the Sacrament laying violent hands on divers of their Commanders and killing some uttering in bold speeches their distaste of the Cause to the astonishment of many that common people should be sensible of publike Interest and Religion when Lords and Gentlemen seemed not to be By this backwardnesse of the English Common Souldiers it came to passe that the Warre proved not so sharpe and fatall to both Nations as it might otherwise have done Some blood was shed but very little first at Newburne a Towne five miles distant from Newcastle where part of the English Army encamped to intercept the passage of the Scots as they marched toward Newcastle But many of the English Souldiers forsooke their Commanders and â—led sooner then the use of that Nation is to do in Warre But the English Horse made good a fight and with great courage and resolution charged upon the Scots but all in vaine their number being too small In this Skirmish which happened upon the 28. of August the number of men slaine on both sides is not related either by the English or Scottish Relation but certaine it is that it was not great Three valiant and active Commanders of the English Army were taken Prisoners Colonell WILMOT Sir JOHN DIGBY and ONEALE the two latter being Papists and both Captaines of Horse This fight opened that rich Towne of Newcastle to the Scots and within few daies after they put a Garrison into Durham commanded by the Earle of Dumferling and taking that Fort of Newcastle upon Tine intercepted some Ships which were newly arrived there with Provision of Corne for the Kings Army Some blood was also shed about the same time when part of the English Garrison at Berwick hearing that some Ammunition was layed up in a little Towne of Scotland Dunsian made an attempt upon it but found it better fortified then was expected and were repelled with some slaughter from whence hearing that a greater power of Scots was making toward them under the command of the Lord HADINTON who unfortunately perished afterward blowne up with powder at Dunglasse they returned to Berwick The King during these Skirmishes had by Proclamation warned all the English Nobility with their followers and Forces to attend his Standard at Yorke against the Scots the 20. of September where whilest himselfe in Person resided he received an humble Petition from the Scots containing an expression of their loyalty to him and the innocence of their intentions toward England But their expressions were in such generall termes that the King returned answer to the Earle of LANURICK Secretary for Scotland Commanding them to specifie their demands more particularly Which whilest the Scots prepared to do it pleased God to open the hearts of many English Lords who considering and bewailing the great calamity and dishonour which England was then throwne into by these unhappy proceedings of the King framed an humble Letter subscribed by all their hands and sent it to His Majesty wherein they represent to him the miserable condition of the Kingdome and mischiefes attending that wicked Warre as the danger of his Person the waste of his Revenue the burden of his Subjects the rapines committed by that Army which he had raised wherein Papists and others ill-affected to Religion are armed in Commands who are not by the Lawes permitted to have Armes in their owne houses The great mischiefe which may fall upon the Kingdome if his intentions which are reported of bringing in Irish and forraigne Forces should take effect The urging of Ship-money The multitude of Monopolies and other Patents to the great and universall grievance of his people The great griefe of the Subjects for the long intermission of Parliaments for dissolving of the last and former dissolutions of such as have been called without any good effect For remedy whereof and for prevention of future dangers to his owne Royall Person and the whole State they humbly intreat his Majesty That he would be pleased
they were most forward and ready to concur with their Lordships in that service But so great an affliction was to fall upon unhappy Ireland that all those Lords that were Papists after they had received Commissions and Armes notwithstanding all their deep vowes did most perfidiously soon after desert their houses and openly declare themselves in actuall Rebellion such as were Viscount MONGANNET GORMANSTON and COSTELOE DILLON BIRNE BELLER TALBOT and many others The Condition of Dublin was more lamentable every day then other and not so much afflicted were they with feares and dangers which threatned themselves as that extream sorrow which compassion must needs work in them toward all the suffering English which resorted thither Dublin was the Sanctuary of all the despoiled Protestants and by that meanes the sad stage upon which all horror was represented and what mischeifes soever were acted in other parts were there discovered and lamented Their eyes were sad witnesses of the Rebels cruelty in those despoiled English which daily resorted to the City but their eares much more afflicted with relation of those horrid tortures which had been used to those who died in other parts Their eyes could not but extremly suffer from such wretched Spectacles as daily from all parts presented themselves People of all conditions and qualities of every age and Sex spoiled and stripped with no coverings but ragges or twisted straw to hide their privities some wounded almost to death others frozen with cold some tired with travell and so surbated that they came creeping on their knees others famished beyond all releif And besides the miseries of their bodies their minds tortured with the losse of all their fortunes and sad remembrance of their husbands wives or children most barbarously murdered before their faces In this most lamentable plight with wasted bodies and distracted mindes did they arrive at Dublin some to be releived some entombed which was more then their murdered friends could obtaine from the Rebels insomuch as they appeared like walking ghosts in every street and all the Barnes Stables and out-houses were filled with them where they soon died after they had recovered the City in so great numbers that all the Church-yards of Dublin could not contain them but the Lords were enforced to take in large peeces of ground on both sides of the River to set apart for burying places But that part of this wofull Tragedy which was presented to their eyes was the least and but the shadow of that other which was related to their eares of which the Readers and all posterity may share the sorrow Many hundreds of those which had escaped under their oathes lawfully taken upon examination and recorded with all particulars as may be seen at large in the Records delivered to the Councell what horrid Massacres the bloudy villains had made of men women and children and what cruell inventions they had to torture those whom they murdered scarce to be equalized by any the most black and balefull story of any age Many thousands of them at severall places too many to be here inserted after all despites exercised upon them living put to the worst of deaths some burned on set purpose others drowned for sport and pastime and if they swam kept from landing with poles or shot and murdered in the water many were buried quick and some set into the earth breast-high and there left to famish But most barbarous as appears in very many examinations was that cruelty which was shewed to great bellied women whom the villaines were not content to murder but ripped up their bellies and many times took delight to see the Hogges eate the abortive Infants But I am loath to dwell upon so sad a narration The greatest part of these inhumane cruelties were acted by the Irish upon the poor unarmed Brittaines before any provocation given unto them and the bloud of so many thousand innocent persons sacrificed to their meer malice as many afterwards were sacrificed to their revenge as whensoever the Irish received any blow from English Forces the English Protestants that lived among them were murdered in great numbers By this time the Lords of the Councell had armed as many as they were able and given Commissions for raising of severall Regiments which were put into the hands for the most part of gallant men as their actions after testified to the world Sir CHARLES COOTE an active and valiant man who was also made Governor of Dublin with great speed made up his Regiment out of the poor robbed and stripped English which had fled to Dublin Sir HENRY TICHBORNE a worthy Commander was dispatched away with a Regiment of Foot to keep Tredagh from the approaching Rebels The Lord LAMBERT also Sir THOMAS LUCAS Captain ARMESTRONG Captain YARNER with others raised by Commissions souldiers there This was done about the middle of November at which time also the Earle of Ormond with his well armed Troop of Horse came to Dublin where within few dayes after he was by a Commission sent from the Earl of Leicester Lord Lieutenant of Ireland as likewise by the Kings approbation from Scotland signified in a Letter made Lieutenant Generall of all the Forces there For the Earl of Lecister at that time was not enabled so far with necessaries for the service of Ireland as to repair thither in person The Earl also sent over to the Lords at Dublin together with an Order of the Lords and Commons of the Parliament in England comfortable Letters in this time of distresse to let them know that the King had referred the whole businesse of Ireland to the Parliament of England who had undertaken the charge and management of the War had declared a speedy and vigorous assistance had designed for their present supplies the summe of 50000 pound and taken order for all further provisions necessary But that they might not be altogether destitute of reall comfort the Parliament of England sent them over at the same time Twenty thousand pound which arrived most seasonably at Dublin their treasure beginning utterly to fail for paying those new Companies which they had raised About the end of November the Lords Justices and Councell of Ireland considering the miserable desolations brought upon that whole Kingdom and what miseries were further threatned Commanded by Proclamation a Publike and religious Fast to be weekly observed upon Friday in the City of Dublin to implore the mercy and assistance of Almighty God and divert his heavy indignation from them CHAP. II. The King returneth out of Scotland and is pompously entertained by the City of London The Remonstrance is published by the Parliament The King entereth into the House of Commons The Protestation of the twelve Bishops and how it was censured by the Lords and Commons Divers unhappy obstructions of the releif of Ireland BUT to leave Ireland strugling against her sad and wofull calamities and returne again to the Affairs of England at that same time about the end of November 1641
rellished by the King as appeared by his Answer But the thing was of so great consequence that one Answer could not suffice Many reiterated Petitions were presented and many Answers returned upon this subject which are extant upon Record where the King often promiseth to be careful that no hands but those who are very faithful to the Common-wealth shall be by him entrusted with any part of the Militia but the nomination of any persons to those places he will reserve to himself it being a principal and inseparable flower of his Crown vested in him and derived to him from his Ancestors by the Fundamental Laws of the Kingdom The Parliament on the other side affirming that nothing could enable them to suppresse the Rebellion in Ireland and secure themselves but the instant granting of that humble Petition which they hoped the King would not absolutely deny That it was their duty to him and the Common-wealth to represent unto him whatsoever they found so absolutely necessary for the preservation of both which the Laws both of God and man enjoyn them to see it put in execution During the debate of this businesse and before any absolute conclusion was made of it the King took a journey to Canterbury upon what reasons shall be anon declared It was before related that the King after his entring into the House of Commons to surprise the five Members had stayed a week at White-hall and then retired to Hampton-Court the next day after divers Citizens with a great shew of Boats and Guns in them brought the five Members to Westminster with many expressions that they would not forsake them who sare to defend their Religion Laws and Liberties The King now resident at Hampton-Court seemed extremely distasted at the Citie and pretended the reasons of his absence from Parliament to be fear for his Person by reason of Tumults that might be raised but true it is after this time he never could be brought neer the Citie or Parliament either in body or minde Within few days after the King had been at Hampton-Court he sent for divers of his servants who were then Members of the Parliament to leave the House and give their attendance upon his Person But two the chief of them ROBERT Earl of Essex lately made Lord Chamberlain of this Houshold and HENRY Earl of Holland Groom of the Stool chose rather to obey his Writ whereby they were called to assist in Parliament about the highest affairs of England then to obey this private Command of his to come and attend at Hampton-Court alleadging in excuse that their attendance in Parliament was truer service to him as King then any other could be For this the King presently after sent a Messenger to demand the Staff of the one and the Key of the other being the Ensignes of their Offices which they willingly resigned to the Messengers hands From Hampton-Court about the midst of February the King and Queen went to Canterbury and so to Dover with the Princesse MARY their eldest daughter married not a yeer before to WILLIAM son to the Prince of Orange The Queen her self passed from thence into Holland under pretext of keeping her daughter company to her husband the Lady was then about ten yeers of age which was not at all hindered by the Parliament But the Queen carried with her all or the greatest part of the Crown-Jewels of England which immediately she pawned in Holland and with that money bought Arms and Ammunition for that sad War which ensued not long after between the King and the Parliament of England The King's stay at Canterbury and Dover was not long nor the places so remote but that some businesse might passe though with great trouble of those Lords and others Members of the House of Commons who posted between upon all occasions The greatest thing which was done in that time was that the King at Canterbury signed the Bill for taking away Bishops Votes in Parliament When the Queen and her daughter had taken Sail the King came back to Greenwich whither he sent for the Prince and Duke of York to come to him and attend him in his journey to the City of York which was the place which he intended to reside at and to that purpose immediately went on his way as far as Theobalds to which place he was followed with a Petition from both Houses presented to him upon the first of March 1641. The substance of it was to intreat his Majestie that be would at last be pleased to grant their necessary Petition concerning the Militia of England which if he did refuse in these times of distraction they must be enforced and did resolve to dispose of it for the safety of the Kingdom in such manner as had been propounded to his Majestie They likewise intreated him to continue his abode neer London and his Parliament and not to take his son the Prince out of those parts and in conclusion desired his Majestie to be informed by them his great Councel that by the Laws of England the power of raising ordering and disposing of the Militia within any Citie Town or other place cannot be granted to any Corporation by Charter or otherwise without the authority and consent of Parliament The King denied to give any other Answer concerning the Militia then what he had before done That he conceived himself not safe in any place neer London and that he would take such a care of the Prince his son as should justifie him to God as a Father and to his Dominions as a King The Parliament upon occasion of that short Answer of the King to their Petition voted presently that that Answer was a flat Denial and that all was truth which they had averred in their Petition concerning the danger of his removal so far from the Parliament and likewise carrying of his son away It was likewise ordered by the Lords and Commons that the Earl of Northumberland Lord Admiral should give speedie directions for all the Ships belonging to the Navie Royal to be speedily rigged and fitted for the service of the Common-wealth A Declaration was drawn then by both Houses and presented to the King at Newmarket upon the ninth of March by the Earls of Pembroke and Holland with some Members of the House of Commons wherein were represented to him some of the old Grievances expressed in the first Remonstrance at his return out of Scotland as That the designe of altering Religion had been carried on by those of greatest authority about him for divers yeers That the War against Scotland was procured in order to that designe That the Rebellion in Ireland was contrived here in England out of many presumptions gathered from several examinations there They speak likewise of his attempt for bringing his Army against the Parliament of which before mention was made of his Warrants granted contrary to promise for transportation of JERMYN DIGBY and other Delinquents of that great breach of Parliament-Priviledge in
much scorn hissing and reviling the language and reason of them But divers of the Gentry and greatest part of the Free-holders began with sorrow to consider that this division of the King from his great Councel could produce nothing but misery to the Kingdom and dishonour to himself and therefore they humbly answered his Propositions concerning a Guard Thaâ— they were willing to do any service or expose their lives to any hazard for the safety of his Majesties Royal Person yet they thought themselves unworthy to advise him in a thing of so high consequence but humbly beseeched him to impart the grounds of his fears and jealousies to his high Court of Parliament of whose loyal care and affections to the King's honour and safetie and prosperitie of the whole Kingdom they were most confident And in behalf of the four fore-mentioned Members of Parliament lately employed to attend your Majestie said they from both Houses being all Gentlemen of quality and estate in the County we humbly crave your Majesties leave to expresse our confidence in their unstained loyalty to your Majestie so far as that you may securely admit their attendance to negotiate their employments until they shall be recalled by the Parliament And we do all engage our selves for their fidelity as being most assured that your Royal Person shall be secure in the General loyalty of your Subjects in this County without any extraordinary Guard The King was presented also the next day with a Petition from many thousands who termed themselves peaceably-affected Subjects in the County of York in which expressing their loyaltie and affection to him they speak thus We are confident that no so absolute and hearty observance of your Majesties just commands can be demonstrated as when you shall in Parliament declare them If they be divided which God forbid our hearts even tremble to consider the danger and diminution of the honour and safety of your Self and Kingdom since it is clear to every understanding that it is not a divided part of one or several Counties can afford that honour and safety to your Majestie as the whole Kingdom Which you may command no ground of fear or danger remaining if a good confidence were begot betwixt your Majestie and the Parliament whose grave and loyal Counsels are as we humbly conceive the visible way under God to put a speedie end to the troubles in Ireland and establish your Throne in Righteousnesse And lastly we humbly supplicate that we may represent our unfitnesse to become Iudges betwixt your Majestie and Parliament in any thing or dispute the Authority of either which we humbly conceive do fortifie each other c. The king was not well satisfied or pleased with this Petition but persisted still in his former way of raising Forces under the name of a Guard whilst the Parliament were voting to maintain those Gentlemen their Committee in the North in such things as they have done and shall further do in obedience to their commands for preservation of the Kingdom 's Peace as also to maintain their Ordinance concerning the Militia and to issue out Commissions into all parts of the Kingdom and appoint certain days for all the Trained Bands to be exercised in each County according to that Ordinance and that some Members might be sent into the several Counties to see the Ordinance performed and the Magazines of those several Counties in England and Wales to be forthwith put into the power of the Lord Lieutenants of the said Counties being such as were entrusted by the Parliament And whereas the King had made Proclamation for all the Gentlemen and others of that County to attend him in Arms as a Guard the Parliament three days after declared that it was against the Laws and Liberties of the Kingdom that any of the Subjects thereof should be commanded by the King to attend him at his pleasure but such as are bound thereto by special service and that whosoever upon pretence of his command shall take Arms and gather together with others in a warlike manner to the terrour of the King's people shall be esteemed disturbers of the publike peace and that the Sheriffs of those Counties where such raising or drawing of armed men should be should immediately raise the power of the Countie to suppresse them and keep the King's Peace according to Law So different and directly contrary at this time were the Commands of the King and Parliament in all things that the Lords in Parliament having been informed that the King was resolved to adjourn the next Term from Westminster to York and had given command to the Lord Keeper to issue Proclamations and Writs to that purpose voted that such a removal of the Term while the Parliament sate was illegal and ordered that the Lord Keeper should not issue any Writs or seal any Proclamation tending to that end CHAP. IIII. Many Members of both Houses leave the Parliament and repair to the King Nine of the Lords who first went away are impeached by the Commons and censured by the Peers The Great Seal is carried away from London to York Some Votes of Parliament concerning the King's proceedings A Petition with nineteen Propositions sent from the Parliament to the King THe King proceeded in his earnest endeavour of raising Forces as a Guard for his Person which in some measure he had effected by many fair expressions of love and grace to the people of those Northern Counties and serious Protestations of the clearnesse of his intent from any violation of Laws and Liberties of the Kingdom or making War against the Parliament But the Kingdom was not much affrighted with any Forces which the King could so raise nor could any other attempt of his in the Northern parts make the people fear a Civil War until they saw that great defection of the Parliament Members which began before the end of April and continued for the greatest part of that May for at that time did the Lords one after another and sometimes by numbers abandon the Parliament sitting and go to the King at York insomuch that in a very short space those Lords became the greater number and their departure began therefore to seem lesse strange then the constant sitting of the rest The Lords who left the Parliament were these the Duke of Richmond Marquesse Hartford the Earls of Lindsey Cumberland Huntingdon Bath Southampton Dorset Salisbury although Salisbury within few days after repenting himself made a secret escape from York to London and joyned himsâ—lf It again to the Parliament with whom he continued constant ever after Northampton Devonshire Bristol Westmerland Barkeshire Monmouth Rivers Newcastle Dover Carnarvan Newport the Lords MATREVERS WILLOUGHBY of Eresby RICH HOWARD of Charleton NEWAâ—K PAGET CHANDOYS FAWCONBRIDGE PAWLET LOVELAâ—E SAVILE COVENTRY MOHUN DUNSMORE SEYMOUR GREY of Ruthen CAPEL Within the same compasse of time many of the house of Commons though no great number in respect of those who continued in that house did likewise
Security of Your Subjects and Dominions You will be pleased to grant and accept these their humble Desires and Propositions as the most necessary effectual Means through God's blessing of removing those Iealousies and Differences which have unhappily fallen betwixt You and Your People and procuring both Your Majestie and Them a constant course of Honour Peace and Happinesse The Propositions 1. That the Lords and others of Your Majesties Privie Councel and such great Officers and Ministers of State either at home or beyond the Seas may be put from Your Privie Councel and from those Offices and Employments excepting such as shall be approved of by both Houses of Parliament And that the Persons put into the Places and Employment of those that are removed may be approved of by both Houses of Parliament And that Privie Counsellors shall take an Oath for the due execution of their places in such form as shall be agreed upon by both Houses of Parliament 2. That the great Affairs of the Kingdom may not be concluded or transacted by the advice of private men or by any unknown or unsworn Counsellors but that such matters as concern the Publike and are proper for the high Court of Parliament which is Your Majesties great and supreme Councel may be debated resolved and transacted onely in Parliament and not elsewhere and such as shall presume to do any thing to the contrary shall be reserved to the censure and judgement of Parliament And such other matters of State as are proper for Your Majesties Privie Councel shall be debated and concluded by such of the Nobility and others as shall from time to time be chosen for that place by approbation of both Houses of Parliament And that no publike Act concerning the Affairs of the Kingdom which are proper for Your Privie Councel may be esteemed of any validity as proceeding from the Royal Authority unlesse it be done by the Advice and Consent of the major part of Your Councel attested under their hands And that Your Councel may be limited to a certain number not exceeding twenty five nor under fifteen And if any Councellours place happen to be void in the interval of Parliament it shall not be supplied without the assent of the major part of the Councel which voice shall be confirmed at the next sitting of Parliament or else to be void 3. That the Lord high Steward of England Lord high Constable Lord Chancellour or Lord Keeper of the Great Seal Lord Treasurer Lord Privie Seal Earl Marshal Lord Admiral Warden of the Cinque-Ports chief Governour of Ireland Chancellour of the Exchequer Master of the Wards Secretaries of State two Chief Justices and Chief Baron may always be chosen with the approbation of both Houses of Parliament and in the intervals of Parliaments by assent of the major part of the Councel in such manner as is before exprest in the choice of Counsellours 4. That he or they unto whom the Government and Education of the King's Children shall be committed shall be approved of by both houses of Parliament and in the intervals of Parliament by the assent of the major part of the Councel in such manner as is before exprest in the choice of Counsellours And that all such Servants as are now about them against whom both Houses shall have any just exceptions shall be removed 5. That no Marriage shall be concluded or treated for any of the King's Children with any forraign Prince or other person whatsoever abroad or at home without the consent of Parliament under the Penalty of a Praemunire unto such as shall be concluded or treat any Marriage as aforesaid And that the said Penalty shall not be pardoned or dispensed with but by the consent of both houses of Parliament 6. That the Laws in force against Jesuites Priests and Popish Recusants be strictly put in execution without any Toleration or Dispensation to the contrary And that some more effectual course may be enacted by Authority of Parliament to disable them from making any disturbance in the State or eluding the Law by Trusts on otherwise 7. That the Votes of Popish Lords in the house of Peers may be taken away so long as they continue Papists And that Your Majestie will consent to such a Bill as shall be drawn for the education of the children of Papists by Protestants in the Protestant Religion 8. That Your Majestie will be pleased to consent that such a Reformation be made of the Church-Government and Liturgie as both Houses of Parliament shall advise wherein they intend to have Consultations with Divines as is expressed in their Declaration to that purpose And that Your Majestie will contribute Your best assistance to them for the raising of a sufficient Maintenance for preaching Ministers thorow the Kingdom And that Your Majestie will be pleased to give Your Consent to Laws for the taking away of Innovations and Superstition and of Pluralities and against scandalous Ministers 9. That Your Majestie will be pleased to rest satisfied with that course that the Lords and Commons have appointed for ordering of the Militia until the same shall be further setled by a Bill And that Your Majestie will recal Your Declarations and Proclamations against the Ordinance made by the Lords and Commons concerning it 10. That such Members of either Houses of Parliament as have during this present Parliament been put out of any Place and Office may either be restored to that Place and Office or otherwise have satisfaction for the same upon the Petition of that House whereof he or they are members 11. That all Privie Councellours and Judges may take an Oath the Form whereof to be agreed on and setled by Act of Parliament for the maintaining of the Petition of Right and of certain Statutes made by this Parliament which shall be mentioned by both Houses of Parliament And that an enquiry of all the breaches and violations of those Laws may be given in charge by the Justices of the Kings Bench every Term and by the Judges of Assize in their Circuits and Justices of the Peace at the Sessions to be presented and punished according to Law 12. That all the Judges and all the Officers placed by approbation of both houses of Parliament may hold their places quam diu bene se gesserint 13. That the Justice of Parliament may passe upon all Delinquents whether they be within the Kingdom or fled out of it And that all persons cited by either House of Parliament may appear and abide the censure of Parliament 14. That the general Pardon offered by Your Majestie may be granted with such Exceptions as shall be advised by both Houses of Parliament 15. That the Forts and Castles of this Kingdom may be put under the Command and Custodie of such persons as Your Majestie shall appoint with the approbation of Your Parliament and in the intervals of Parliament with approbation of the major part of the Councel in such manner as is before expressed in
gone down to take possession of the Navie and therefore called a Councel of War acquainting them all both with the Ordinance of Parliament and the King's Letters But the Earl himself was swayed in conscience to give obedience rather to the Ordinance of Parliament and the reason of it himself gives in a Letter directed to a Lord of the House When I considered saith he the great care which I have seen in the Parliaments of this Kingdom for the good and safety both of King and Kingdom and every man's particular in them and that they are the great Councel by whose authority the Kings of England have ever spoken to their Subjects I was resolved to continue in this employment until I shall be revoked by that Authority that hath intrusted me with it Most of the Captains took up unanimously the same resolution that the Earl did excepting five which were the Râ—â—â—-Admiral Captain FOGGE Captain BAILY Captain Sâ—INGSBY and Captain WAKE who alleadged that they had the King's Command to obey Sir JOHN PENINGTON whom he had appointed Admiral in stead of the Earl of Northumberland These five had gotten together round to make defence against the Earl but he came to Archor about them and having begiâ—â— them summoned them again upon which three of them came in and submitted two onely Captain Sâ—INGSBY and Captain WAKE stood out The Earl let 〈◊〉 a Gun over them and turned up the Glasse upon them sending his Boat and most of the Boats in the 〈◊〉 to let them know their danger if they came not within that space But so peremptory was their answer that the Masters and Sailors grew impatient and although they had no Arms assaulted them seized upon those Captains being armed with their Pistols and swords strook their Yards and Top-masts and brought them to the Faâ—l Thus by the wonderful courage of these unarmed men the businesse was ended without eâ—â—usion of any blood when the Earl was ready to give fire upon them Within few days after another addition of strength was brought to the Earl of Warwick by an accident A great and strong ship of the King 's called The Lion putting to Sea from Holland and bound for Newcastle being much distressed with soul weather was driven into the Downs Captain FOXE who commanded that ship saluted the Earl of Warwick who presently acquainted the Captain with the Ordinance of Parliament whereby his Lordship had commanded of those ships requiring his submission thereunto The Captain at first refused to yeeld obedience to the Ordinance and thereupon was presently clapt in hold but all his Officers in the ship submitted themselves and strook their Sails and Top-yards in token of obedience to the said Ordinance This ship was very considerable carrying two and fourty great Pieces of brasse Ordnance besides a little Vessel laden with Gun-powder of a great value was taken also together with this ship The Earl was informed by some of her men that young Prince RUPERT and Prince MAURICE with divers other Commanders intended to have come from Holland in this ship the Lion But after three days and three nights storm at Sea those two Princes in a sick and weak condition landed again in Holland The King hearing of the surprisal of the Lion sent a Messenger to the Earl of Warwick to demand her again with all the goods therein and that she should be brought to Scarborough But the Earl returned an Answer to this effect that the Parliament had intrusted him with the Care of the Fleet and that that ship was a part thereof therefore he humbly besought his Majestie to pardon him for without their consent he might not part with her and that he knew of no goods within her belonging to his Majestie But leaving the Earl of Warwick to his Sea-employments it is time to return to those warlike Levies and Preparations which were made by Land for now the fatal time was come when those long and tedious Paper-conflicts of Declarations Petitions and Proclamations were turned into actual and bloody Wars and the Pens seconded by drawn swords On the twelfth of Iuly 1642 the Parliament voted that an Army should be raised for the safety of the King's Person and defence of the Parliament for so they called it desiring to joyn together what seemed to be at so great a distance and enmity The Earl of Essex was by a great and unanimous consent of both Houses chosen General of that Army and of all Forces raised for the Parliament with whom they protested to live and die in that Cause The Earl of Essex was a Gentleman of a noble and most untainted reputation of undoubted loyalty to his Country and Prince having always what course soever the Court steered served in an honourable way the right Interest of the English Nation and the Protestant Religion and to that end had formerly engaged himself in the Palatine War and service of the Netherland United Provinces insomuch as at this time when they sought a Lord to undertake the high charge of commanding in chief there seemed to be no choice at all but we may say of this Election as PATERCULUS did of another Non quaerendus erat quem eligerent sed eligendus qui eminebat The Parliament at that time were very able to raise Forces and arm them well by reason of the great masse of Money and Plate which to that purpose was heaped up in Guild-hall and daily increased by the free Contribution of those that were well-affected to the Parliament Cause where not onely the wealthiest Citizens and Gentlemen who were neer-dwellers brought in their large bags and goblets but the poorer sort like that widow in the Gospel presented their mites also insomuch that it was a common Jeer of men disaffected to the Cause to call it the Thimble and Bodk in-Army The Earl of Essex was very careful and industrious in raising of his Army in which he desired to have as great a Body of Horse as could conveniently be gotten by reason that he conceived his chief work was to seek out the King's Forces and prevent their spoiling of the Country and disarming several Counties to furnish themselves And indeed his Forces considering the long Peace of England and unreadinesse of Arms were not onely raised but well armed in a short time Many of the Lords who then sate in the House of Peers besides those Lords who went into divers Counties to settle the Militia and therefore raised Forces for safety of those several Places listed themselves in the Lord General 's Army and took Commissions as Colonels the Lord ROBERTS the Lord SAINT-JOHN eldest son to the Earl of Bullenbrook the Lord of Rochford eldest son to the Earl of Dover and many Gentlemen of the House of Commons of greatest tank and quality there took Commissions for Horse and Foot-service in that Army of whom these were some Sir JOHN MERRICK who was made Serjeant-Major-General of that Army the Lord GREY of Grooby son to the
hath since been confirmed if I mistake not by his example and Your Majesties Chief Iustice Sir JOHN BANKS both in accepting their Ordinance and nominating their Deputy-Lieutenants how much further they proceeded I know not But Sir if the opinions of those great Lawyers drew me into an act unsutable to Your Majesties liking I hope the want of yeers will excuse my want of judgement And since by the Command of the Parliament I am now so far engaged in their Service as the sending out Warrants to summon the County to meet me this day at Lincoln and afterwards in other places I do most humbly beseech Your Majestie not to impose that Command on me which must needs render me false to those that relie on me and so make me more unhappie then any other misery that can fall upon me These things Sir I once more humbly beseech Your Majestie may be taken into Your Gracious consideration and that You would never be pleased to harbour any misconceit of me or of this Action since nothing hath yet passed by my Commands here or ever shall but what shall tend to the honour and safety of Your Majesties Person to the preservation of the Peace of Your Kingdoms and to the content I hope of all Your Majesties Subjects in these parts amongst whom I remain Your Majesties most humble and most dutiful Subject and Servant FRA. WILLOUGHBY Upon the receipt of these Letters the Lords sent a Message to the House of Commons in which they expressed how much they did value and approve the endeavours of this Lord in a service so much importing the safety of this Kingdom not doubting of their readinesse to concur with them upon all occasions to manifest the sense they have and shall retain of his deservings which appear the greater by how much the difficulties appearing by the circumstances of those Letters have been greater The Lords therefore as they resolved to make his Interest their own in this Service for the publike good and safety of the Kingdom so they desired the Commons to joyn with them in so just and necessary a work To this the House of Commons consented and resolved to joyn with the Lords in this Vote making the like resolution also for the Deputy-Lieutenants for the County of Lincoln and desired the Lords concurrence therein Upon which it was ordered by the Lords in Parliament that they agree with the House of Commons for the resolution concerning the Deputy-Lieutenants of the County of Lincoln In Essex also which proved a most unanimous County and by that means continued in peace and happinesse the Earl of Warwick whose care and action was not confined onely to the Sea chosen Lord Lieutenant by the Parliament when he went down to muster and exercise the Country was received with great applause The Trained Bands were not onely compleat but increased by Voluntiers to unusual numbers and so affectionate to that Cause they were in general that they presented a Petition to the Earl of Warwick and the Deputy-Lieutenants in the name of all the Captains and Lieutenants of the several Companies and in the name of all persons belonging to the Trained Bands To which Petition when it was read in the field they expressed a full consent by their general acclamations and applause in every Company The Earl of Warwick therefore sent the Petition to the Parliament to let them see the extraordinary alacrity and affection of that County of Essex to them which was in these words which follow To the Right Honourable ROBERT Earl of Warwick Lord-Lieutenant of the County of Essex and to the worthy Gentlemen the Deputy-Lieutenants of the same County confided in by the most Honourable the high Court of Parliament We the Captains and Lieutenants with the full consent of the Trained Bands and Voluntiers of the County now assembled having before the accesse of this present Parliament seen our Religion our Laws and Liberties brought to the brink of ruine and subversion by the results of most desperate and wicked Counsels could not but with exâ—â—ding joy behold the assembling and continuance of so great and faithful a Councel the Representative Body of this Kingdom and with most certain confidence commit thereto all that was dear unto us And having also seen the late hellish designes and actings of a malignant party in this Kingdom and the bloody Rebellion in Ireland all working to retard the progresse or subvert the being of this worthy Parliament and therein to bereave us of all our hopes of Reformation or future peace and happinesse to this Church or State we cannot but ascribe all glory praise unto the Lord of lords expresse most hearty thankfulnes to his blessed Instruments that great Assembly for their undaunted resolutions unparallell'd endeavours and happie proceedings for the common good And herein as not the least means of our safety for the most necessary and seasonable Ordinance of theirs touching the Militia whereby we are put under the Command and Guidance of so noble a Lord and such worthy Gentlemen whereunto we humbly desire this present day and meeting may be an evidence and pledge of our free and willing obedience Having intrusted our Religion our Laws and all into the hands of that great and most faithful Councel the Parliament whose care and fidelity we have so abundantly found we even bleed to see the heart and actions of our Royal King contrary to his own Royal expressions declining from the Counsels of his Parliament carried after other Counsels whom as the Laws and Constitutions of this Land have not known nor reposed upon so we for our own parts neither will nor dare intrust with our Religion or Laws and whom we verily believe could they prevail against that highest Court under God our chiefest Bulwark and Defence would soon deprive us both of Religion and Law and notwithstanding all their specious pretences reduce us to a condition no lesse miserable then slavish From the deep apprehensions of all which we do freely and heartily promise and tender our persons and estates to assist and defend to the uttermost the high Court of Parliament now assembled the Members Power and Priviledges thereof and therein his Majesties Person and Authority and the Kingdoms Peace according to our late Protestation against all contrary Counsels Power or force of Arms whatsoever which shall be reared up or attempted against them And this our humble Acknowledgement and Resolution which we doubt not will be accorded unto by all good Subjects we humbly desire your Honour and Worships to tender on our behalf to that most honourable Assembly of Parliament for whose happie progresse and successe we shall daily pray Subscribed J. KITELEY HENRY FARRE JOHN BALLET JOHN FLEMMING WILLIAM MARSHAM ROBERT BARRINGTON Captains THO. HARPER JOHN WOODCOCK RICH. LAWRENCE GEORGE COLWEL THO. CLARK WIMLIAM BURLS Lieutenants The Parliament were very forward to expresse their approbation of this most affectionate Declaration of the Essex men and returned
Army This Petition he carried to Northampton to the Generall to be by him presented according to the Parliaments desire to His Majesty in a safe and honourable way In which Petition nothing at all according to their former Declarations is charged upon the King himselfe but only upon his wicked Councell and the former mis-governments briefly mentioned and that this wicked Councell have raised an horrid Rebellion and Massacre in Ireland and ever since by opposition against the Parliament hindered the reliefe of that Kingdom and at last drawne his Majesty to make a War upon his Parliament leading an Army in Person to the destruction of his people depriving his good Subjects of his Majesties protection and protecting those Traytors against the Justice and Authority of Parliament WE the Lords and Commons assembled in Parliament have for these are the words of the Petition for the just and necessary defence of the Protestant Religion of your Majesties Person Crowne and Dignity of the Lawes and Liberties of the Kingdome and the Priviledges and power of Parliaments taken up Armes appointed and authorized ROBERT Earle of ESSEX to be Captaine Generall of all the Forces by us raised to conduct the same against those Rebels and Traytors to subdue and bring them to condigne punishment And we do most humbly beseech your Majesty to withdraw your Royall Presence and Countenance from these wicked persons and if they shall stand out in defence of their rebellious and unlawfull attempts that your Majesty will leave them to be supprest by that Power which we have sent against them And that your Majesty will not mix your owne dangers with theirs but in peace and safety without your Forces forthwith returne to your Parliament and by their faithfull advice compose the present distempers and confusions abounding in both your Kingdomes and provide for the security and honour of your selfe and Royall Posterity and the prosperous estate of all your Subjects Wherein if your Majesty please to yeeld to our most humble and earnest desires We do in the presence of Almighty God professe That we will receive your Majesty with all Honour yeeld you all due obedience and subjection and faithfully indeavour to secure your Person and Estate from all dangers and to the uttermost of our Power to procure and establish to your selfe and to your People all the blessings of a glorious and happy Reigne According to this Petition were those Directions from the Parliament to the Lord Generall sent at the same time wherein the Lord Generall is required by the Houses to use his utmost indeavour by Battell or otherwise to rescue the Kings Person the Persons of the Prince and Duke of Yorke out of the hands of those desperate persons now about them Another Direction was That if his Majesty upon this humble Petition should be pleased to withdraw himselfe from the persons now about him and returne to the Parliament that then the Lord Generall should disband and should serve and defend his Majesty with a sufficient strength in his returne Another Direction was That his Excellency should proclaime pardon to all those who were at that time seduced against their Parliament and Country if within ten daies after that Proclamation they would returne to their duty doing no hostile act within the time limited Provided that this should not extend to admit any man into either House of Parliament who stands suspended without giving satisfaction to that House whereof he was a Member and excepting all persons impeached for Delinquency by either House and those persons who have been eminent Actors in these Treasons and therefore impeached in Parliament of High Treason such as were at that time declared and there named the Earles of Bristoll Cumberland Newcastle and Rivers Secretary NICHOLAS Master ENDYMION PORTER Master EDWARD HIDE the Duke of Richmond the Earle of Carnarvan Viscount Newarke and Viscount Fawkland These were the persons at that time voted against and declared Traytors though afterwards others were added to the number of them and many of these left out as occasions altered Such Directions and others for the advantage of the Army and behoose of the Countries thorow which he was to march were given by the Parliament to his Excellency but above all things to restraine carefully all impieties prophannesse and disorders in his Army The Generall arriving at Northampton was there possessed of a great and gallant Army well furnished at all points consisting of about twenty thousand with those that within few daies were to come thither An Army too great to finde resistance at that time from any Forces a foot in England for the Kings side had then small strength What they had consisted of Horse who in small Parties roved up and downe to make Provision and force Contribution in severall places Prince RUPERT especially like a perpetuall motion with those Horse which he commanded was in short time heard of at many places of great distance The care therefore which his Excellency especially tooke was so to divide his great Army as to make the severall parts of it usefull both to annoy the stragling Troops of the Enemy and ptotect those Counties that stood affected to the Parliament as also to possesse himselfe either in his owne Person or by his Lieutenants of such Towns as he thought might be of best import if this sad War should happen to continue From Northampton he marched to Coventry to make that considerable City a Garrison for the Parliament and from thence to Warwick and having fortified that Towne marched away towards Worcester upon intelligence that the King himselfe intended to come thither with his Forces for his desire was to finde out the King and the Parliament to whom he imparted his designe by Letter approved well of his advance towards Worcester The City of Worcester as well as the whole County had beene in great distractions by reason not only of the dissenting affections of the Inhabitants but the frequent invitations from both sides if we may call that an invitation which is made by armed force Sir JOHN BYRON had first entred Worcester for the Kings side whom Master FIENNES Sonne to the Lord SAY had opposed for the Parliament and afterward Prince RUPERT with five hundred Horse not farre from the City was encountred by Master FIENNES who commanded another Body about that number the skirmish was but small and not above twelve men slaine as the report was made at London But before the Lord Generall could arrive at Worcester who was marching thither from Warwick as was before expressed there happened a fight there not to be omitted in regard of the persons that were there slaine or wounded though the number of men in generall that fell were small Prince RUPERT was then at Worcester with twelve Troops of Horse when about that City divers of the Parliaments Forces were though not joyned in one Body but dispersed The Prince marched out of the City into a greene Meadow and there set his
it unlesse they will beleeve that a dozen or twenty factious and seditious persons be the high Court of Parliament which consists of King Lords and Commons For the Priviledges of Parliament he averres That whosoever will not believe the raising of an Army to kill their King To alter the government and Lawes by extravagant Votes of either or both Houses To force the Members to submit to their Faction and take away freedome of consultation from them to be the Priviledge of Parliament must confesse That the Army now raised by the King is no lesse for the vindication and preservation of Parliaments then for his owne necessary defence The King chargeth them likewise with uncharity That they have indeavoured to raise an implacable hatred betweene the Gentry and Commonalty of the Kingdome by rendring all persons of Honour odious to the Common People under the stile of Cavaliers and to perswade the people that there was an intention by the Commission of Array to take away a part of their Estates from them Which he denyes and concludes with Protestations to the contrary The Parliament returned answer to this Declaration but not as being the Kings according to their oft mentioned custome but comming from wicked and malicious contrivers of falshood and scandals Who say they to our unspeakable sorrowes have gained so much power with his Majesty as to vent the same under the Title of his owne Royall Name For the first objection They do not affirme that the King favours Popery himselfe but justifie that things have been carried in the favour of it by some about him according to the particular instances in many of their former Declarations They seeme to be amazed at the strange boldnesse of the Contrivers of that Declaration in averring that there are more Papists in their Army then in the Kings whereas they cannot or at least do not name any one which they desire may be done if there be any such that the Parliament may know how to displace them But the Parliament in their Answer name many of greatest ranke and quality of that Religion in the Kings Army who have raised him in some Counties the most considerable Forces which he hath and many Commissions granted by himselfe to Papists acknowledged so That it were sencelesse to thinke that any Papists favoured the Parliaments Cause at all whereas it is certaine that there are none of that Religion but are either openly or secretly assistant to that cause which the King hath taken For the second objection That the Kings Forces are not leavyed against the Parliament it selfe but a few seditious persons They thinke it an impossible thing that twelve or twenty such persons as they are termed should have power to compell the rest of that Body to sâ—bmit to their Faction and to have their freedome of consultation taken from them The truth is say they not a few persons but the Parliament it selfe is the thorne that lyes in these mens sides which heretofore when it was wont to prick them was with much â—ase by a sudden dissolution pulled out But now that it is more deeply fastened by an Act of continuance they would force it out by the power of an Army That whosoever will read the Speeches and Declarations made upon the breaking up of all former Parliaments ever since the beginning of this Kings Reigne will finde the pretences of those unjust dissolutions to be grounded upon exceptions against particular Members under the name of a few factious and seditious persons so that the aspersing and wounding of the Parliament thorow the sides of a few Members is no new invention But say they those former Declarations in the Kings name being groundlesse invectives not against particular Members but against the Votes and Proceedings of both Houses and declaring the Earle of Essex Generall of the Forces raised by them to be a Traytor and that all those which assist him thereby comprehending both Houses of Parliament by whose Command and Authority he bears that place to be Rebels and guilty of High Treason is argument sufficient no groundlesse accusation to prove the Kings Army to be raised against the Parliament or to take away the Priviledges thereof Those Priviledges of Parliament consisting in three things 1. As they are a Councell to advise 2. A Court to judge 3. A representative body of the Realme to make repeal or alter Lawes These Priviledges have say they during the sitting of this Parliament been all apparently broken to the view of all men by the Kings wicked Councell Their advice scarse at all hearkened unto by the King but other counsels of unknowne persons preferred before them For the second as a Court to judge The Delinquents so pronounced by the Parliament have bin pâ—oâ—ected by the King against them of which they give many particular instances Touching the third for making Laws They instance his refusall of many wholsome Bils for Church and State besides the breaking of their Priviledges they produce some attempts utterly to subvert them as the forementioned indeavour of bringing up the Northerne Army to force Conditions upon the Parliament the Kings Letters and Commands to Members of both Houses to attend him at Yorke leaving their true and legall station which when they obeyed it was scandalously alleadged that they were driven away For any violence intended to the Kings Person as they utterly deny it so they referre it to indifferent men to judge by all their long sufferings and humble Petitions to him to avoid those indangerings of his Person But for that imputation layed upon them of an indeavour to raise an implacable malice and hatred between the Gentry and Commonalty of the Kingdome They conceive it a Charge of a strange nature that they should indeavour to raise the hatred of the Commonalty against themselves For so it must follow unlesse the Contrivers of that Declaration will deny the Parliament to be Gentlemen But though we know say they well there are too many of the Gentry of this Kingdome who to satisfie the lusts of their owne ambition are content to sell their birth-right to render themselves and their posterity to perpetuall slavery and to submit themselves to any arbitrary and unlimited power of Government so they may for their owne time pertake of that Power to trample and insult over others Yet we are certaine that there are many true hearted Gentlemen who are ready to lay downe their lives and fortunes and of late have given ample testimony thereof for maintenance of their Lawes Liberties and Religion with whom and others of their resolution we shall be ready to live and dye Lastly they prove by particular instances that in the Kings Commission of Array there is not onely an intention to take away part of mens Estates but that it hath been put into reall execution with many other things in justification of all their proceedings and Declarations which may be read more at large in the Records This was the
to summon a Parliament within some short and convenient time whereby the causes of these and other great grievances which the people lye under may be taken away and the Authors and Counsellors of them may be brought to legall tryall and condigne punishment And that this War may be composed without blood in such manner as may conduce to the honour and safety of his Majesty the comfort of the people and uniting of both Kingdomes against the Common Enemy of the Reformed Religion Subscribed by almost twenty Earles and Barons The King receiving this Message from the Peeres of England by his Proclamation ordained a day which was upon 24. of September for all the Lords to meet at Yorke to whom he declared that of his owne free accord he had determined to call a Parliament in England to begin as soone as possibly could be allowing the usuall time for issuing out of Writs which was upon the third of November ensuing 1640. But he desired first to consult with them what answer to returne to the Scots demands and how with his honour he might deale with them who had so boldly invaded England And to make them understand the whole state of the businesse he commanded the Earle of TRAQUARE who had beene his Commissioner there to relate all occurrences since the beginning He desired likewise their advice how his Army might be payed before supplies of Parliament could come After many debates and different opinions in point of honour and convenience it was at last agreed by the greater part of Peeres and so conluded that sixteene Lords should be chosen to treat with the Scots and agree upon what Conditions they thought fit Eight Earles were named BEDFORD ESSEX HARTFORT SALISBURY WARWICK HOLLAND BRISTOLL and BARKSHIRE as likewise eight Barons WHARTON PAGET KIMâ—OLTON BROOKE PAWLET HOWARD SAVILE and DUNSMORE The Scots were required to send as many with full Commission to whom Letters of safe Conduct in the amplest manner were granted When the matter came to debate the Earle of Bristoll for the most part was Prolocutour to the English and the Earle of LOWDEN to the Scots After many demands on both sides and expostulations upon sleighter matters which were easily reconciled there was one point which seemed too hard a case in the eyes of the English Peeres that the Scottish Army should be payed by the English whilest their owne Army was in great distresse by reason of Arreares But in conclusion those honest Lords who understood the condition of that unhappy Warre were content upon any termes to make an end of it and in conclusion an agreement was made upon these termes 1. A Truce or Cessation of Armes for two Moneths till the 16. of December 2. That 850. l. a day should be paid to the Scots during that Truce 3. That if it were not payed the Scots might force it from the Counties of Northumberland Cumberland Westmerland and Durham 4. That those Counties should be allowed the Scots for their winter Quarters 5. No new preparations for Warre to be made 6. That private injuries should not breake the Truce so satisfaction were made upon complaint 7. That Merchants might freely traffique in either Kingdome without Letters of safe Conduct but Souldiers without leave might not passe their limits Upon such termes was this unnaturall Warre although the Armies could not as yet be disbanded brought to a Cessation and both Nations rested in assured confidence that a peace must needs follow since the whole matter was now to be debated in the English Parliament which was to begin about a fortnight after for it was likely that a Parliament should put a period to that Warre which could never have been begun but for want of a Parliament They were also confident that that freedome which the fundamentall Lawes and Constitutions of the Kingdome of England allow to Parliaments could not be denyed to this though to many others it had long been as being that Parliament to which the King was necessitated and the onely way which was now left him to tread after so many deviations unfortunately tried and upon which the people had set up their utmost hope whom it seemed not safe after so long suffering to provoke any further In what a desperate condition the Kingdome of England was at that time what necessity there was of a present cure with how much difficulty that cure was to be wrought and with what warinesse and wisdome it concerned both King and people to play their parts a judicious Reader may partly conjecture by the former passages already related But further to enlighten the Reader for in this plaine Relation I shall be sparing to use any descants of my owne I will referre him to Speeches which at the beginning of this Parliament were made by judicious Gentlemen and those of greatest moderation labouring as much as they could possibly to spare the King and touch tenderly upon his Honour which I shall mention anon According to the reason of the Parliament and Kingdome went along the sence of Courtiers themselves as was expressed in an ingenuous Treatise found in the privy Chamber concerning the condition in which the King and Kingdome of England were in when this so much expected Parliament was to begin CHAP. VII The beginning of the English Parliament Grievances examined Sufferers relieved Delinquents questioned The Archbishop of Canterbury committed to the Tower The flight of Secretary WINDEBANKE and of the Lord Keeper FINCH ON the third of November 1640. the Parliament began where the King expressed himselfe very well in a Speech gracious and acceptable to both Houses who did not expect from him any such acknowledgement of former errours as might seeme too low for the Majestie of his Person but onely desired to gaine his affection for the future Very pleasing to them all was that gracious expression that He did now cleerly and freely put himselfe upon the love and affections of his English Subjects desiring them to consider the best way for the Safety and Security of the Kingdome of England and in order to it for satisfaction of their just grievances wherein he would so heartily concur that the world might see his intentions were to make it a glorious and flourishing Kingdome In which businesse he did freely and willingly leave it to them where to beginne He desired also that all Jealousies and Suspitions might be layed aside by them which he promised to doe on his part And withall to give some reasonable colour to his former Warre whether to excuse or justifie the Proceedings of it hee seemed as yet much distasted with the boldnesse of the Scots who had entred England with an Army against his will calling them by the name of Rebels and that it concerned the honour of him and England to drive them out againe And in his second Speech two daies after I told you said he that the Rebels must be put out of this Kingdome it is true I must needs call them so so
he could not allow of the disbanding of the Irish Army for divers reasons best knowne to himselfe The Conspiracy being in some part detected PERCY JERMYN and SUCKLING fled the day before they should have been examined being the sixth of May and passed into France where SUCKLING not long after dyed But afterwards upon the reading of a Letter in the House upon the 14. of Iune sent by Master PERCY out of France to his Brother the Earle of Northumberland WILMOT ASHBURNNAM and POLLARD three Members of the House of Commons mentioned in that Letter as privy to this Conspiracy were commanded to withdraw and then called in severally examined and committed WILMOT to the Tower ASHBURNHAM to the Kings Bench and POLLARD to the Gate-House from whence they were not long after released upon Bayle as being found guilty not in so high a degree as others were GORING upon his Examination dealt so cleerly with them and so farre purged himselfe from evill intentions that he was not at all committed by the Parliament ONEALE who proved most guilty of that part of the Conspiracy for bringing up the English Army against the Parliament was presently after apprehended and committed to the Tower whence it was generally thought he would be brought to Tryall for his life and suffer but he made an escape The Parliament considering what great disturbance they began to finde in setling the State what conspiracies had been on foot and doubtfull of the Kings sincere affection towards them considering also what great disbursements of money were to be made for payment of two Armies and other charges for setling the State to which purpose money was to be borrowed upon the Publike Faith by a joint consent of both Houâ—â— moved the King to signe a Bill for continuance of this present Parliament That it should never be dissolved till both Houses did consent and agree that publike grievances were fully redrest A Bill was drawne up to that purpose and the King the same day that he signed the Bill for execution of the Earle of Strafford being the 10. of May 1641. signed that also for continuance of the present Parliament But in this place it is sit to insert what had past before in this kinde The King upon the 15. of February before had signed a Bill presented to him by both Houses for a Parliament to be held in England every third yeare That the Lord Keeper and Chancellor of the Dutchy for the time being should be sworne to issue forth the Writs and upon default to lose their places The same day in the afternoone there was a Conference betweene the two Houses to returne the King thankes upon which it was concluded that the whole House should go to the King to White-Hall and that the Lord Keeper in the name of both Houses should returne their thankfulnesse to his Majesty which was accordingly done Expressions of joy by Order from the Parliament were that night made about London with ringing of Bells making of Bonesires with such usuall things It is observable in the course of Histories how much Kings in such limited Monarchies as that of England do in time by degrees gaine upon the peoples Rights and Priviledges That those things which by constitution of the Government the people may challenge as due from the Prince having been long forborne become at last to be esteemed such Acts of extraordinary grace as that the Prince is highly thanked for granting of them Such was the case of this Trienniall Parliament as both Houses afterward when the unhappy division began and the King upbraided them with this favour could plainly answer That it was not so much as by Law they might require there being two Statutes then in force for a Parliament once a yeere The King himselfe also at the time when he granted that Trienniall Parliament could not forbeare to tell them That he put an obligation upon them in doing it which they had scarse deserved For hitherto said he to speake freely I have had no great incouragement to grant it if I should looke to the outward face of your actions or proceedings and not to the inward intentions of your hearts I might make question of doing it But that Grant which the King since passed upon the tenth of May for continuance of the present Parliament not onely afterward by himselfe was much upbraided to them but by many Gentlemen who were not well affected to their Parliament and all the Faction of Prelaticall Clergy in their ordinary discourse was censured a greater grace then was fit for the King to grant To such men their discourses and writings afterward when the great distraction happened and the Warre was breaking out the Parliament in many of their Declarations answered That though there were in it some seeming restraint of the Regall Power in dissolving Parliaments yet really it was no taking that Power from the Crowne but sus-spending the execution of it for this time and occasion only Which was so necessary for the Publike Peace that without it they could not have undertaken any of those great Charges but must have left both the Armies to disorder and confusion and the whole Kingdome to blood and ruine For to pay the Armies and defray other necessary charges money was to be borrowed upon the Publike Faith which had been nothing worth if that Parliament could have been dissolved at the Kings pleasure And where it was objected That no King ever granted the like before they answered It was evident that no King before ever made so great a necessity for a Parliament to require it And besides that in the constitution of Englands Government it was never the meaning of the Law-givers that the King should dissolve any Parliament whilest the great Affaires of the Kingdome were depending and though the King had used to do so it was neverthelesse unlawfull The Scots in their Remonstrance 1640. told the King That he had broken their Lawes in dissolving the Parliament there against the consent of their House And it is very well understood by those that are skilfull in Lawes of both Nations that English Parliaments have originally the same freedome It was neverthelesse probably then thought by all that the King would not have assented to that Act if at that time the freshnesse of those fore-mentioned grievances in the peoples hearts and the present discovery of that odious Treason of bringing an Army against the Parliament had not made it unsafe for him to deny That opinion was more confirmed by the following Actions since time and the unconstancy of some Lords and Gentlemen had raised him a Party When that knot which by Law he could not againe untie he indeavoâ—â—â—â— to cut a sunder by the Sword as was afterwards observed in the Parliaments Declarations CHAP. IX Allowance of money from the English Parliament to the Scots The vast Charge of disbanding the two Armies The great Taxations for that purpose and the manner of Poll money The
the King returned from Scotland was by the City of London entertained feasted and conducted to his Palace at White-hall with as pompous Solemnity and costly expressions of Love and Duty as ever any King of England was Of which extraordinary testimonies of affection toward him the King seemed very sensible and returned Thanks to the City inviting within few dayes after the chief of them to Hampton Court where they were feasted and divers Aldermen knighted by his Majesty While the King resided at Hampton Court the House of Commons presented to him a Remonstrance or Declaration of the state of the Kingdom wherein all the chief grievances and oppressions which the Nation had groaned under since the beginning of his Raign untill that time were recited but with as much tendernesse of expression and respect to his Person for such care they took as it appeared in that Petition of theirs which accompanied the Remonstrance as so much truth could possibly be uttered For all the fault is laid upon ill Ministers who are there called a Malignant Party That Remonstrance some little time before the Kings return out of Scotland had bin with much earnestnesse debated in the House of Commons and at that time when it was Voted so much divided was the House that not above nine voices carried it So fierce and long were the disputations about it and arguments urged on both sides that not only the day but a great part of night was spent in it For the House arose not untill two of the clock in the morning The prevailing part alleadged for it as it was afterward expressed in their Petition to the King that Their intention was only to inform his Majesty his Peers and all other his loyall Subjects with no purpose at all of laying the least blemish upon his Person but to represent how much his Royall Authority and Trust had been abused to the great prejudice and danger of his Majesty and all his good Subjects It was alleadged by many Gentlemen in ordinary discourses who were of the same opinion that the prevailing Voters in Parliament were That such a Remonstrance might be of good use and that the King having perchance been ignorant in some degree of how much evill had formerly been wrought might by this Remonstrance be not only brought to a knowledge of his past Errors but a salubrious fear of offending again by considering how publick and manifest to the World the defaults of Princes in point of Government must needs appear The other side were of opinion That this Remonstrance in stead of directing him for the future would teach him only to hate the makers of it as upbraiders of his crimes and those that went about to lessen or blemish and so the King seemed to rellish it as appeared in his Answer printed his Reputation with the people They hâ—ld it â—itter at such a time when the Kings Affections were dubious toward the Parliament to win him by the sweeter way of concealing his Errors then by publishing of them to hazard the provocation of him with whom it was not behoveful to contest unlesse they were in hope to change his disposition for the future or ascertained of their own power and resolved to make full use of it For mine own part I will make no judgement at all upon it nor can we truly judge by the successe of things But such an unhappy Genius ruled those times for Historians have observed a Genius of times as well as of climates or men that no endeavours proved successefull nor did any actions produce the right though probable effects Who would not in probability have judged that the forementioned costly and splendid entertainment which the City of London gave to the King would have exceedingly endeared them unto him and produced no effects but of love and concord Yet accidentally it proved otherwise For many people ill-affected to the Parliament gave it out in ordinary discourse Non ignota loquor it is a known truth that the City were weary of the Parliaments tedious proceedings and would be ready to joyn with the King against them Whether it begaâ— the same opinion in the King or not I cannot tell but certainly some conceived so by actions which immediately followed expressing a greater confidence against the Parliament then before displacing some from such Trusts as they had conferred on them Insomuch that the City presently after finding what ill use was made of these expressions were enforced to declare themselves in a Petition to both Houses That since some ill-affected People had interpreted their Loyal and affectionate entertainment of the King as a sign that they would wholly adhere to him and desert the Parliament they openly professed the contrary and that they would live and die with them for the good of the Common-wealth After which the City no lesse then the Parliament did seem to be distasted both by the King and Queen The fears and jealousies that now reigned were of a sadder nature then the fears of any former times had been two years before the people feared that whilest this King lived they should never see a Parliament but now they began to fear that no Parliament could do them good At this time began that fatal breach between King and Parliament to appear visibly and wax daily wider never to be closed until the whole Kingdom was by sad degrees brought into a ruinous War From henceforth no true confidence appeared between him and that high Court every day almost contributed somewhat to the division and Declarations upon severall occasions were published to the world of which though the language for the most part were fairely couched and sweetned with frequent intermixtures of gracious expressions from the King and affectionate professions from the Parliament yet the substance was matter of expostulation and many intervening actions which we shall endeavour to expresse particularly did so far heighten them and sharpen by degrees the stile till those Paper-contestations became a fatall Prologue to that bloudy and unnaturall War which afterward ensued The King to answer that Remonstrance before mentioned published a Declaration to justifie his own Honor and Government and at the same time sent a Message to the Common Councell of London complaining of tumultuary assemblies of People from the City daily resorting to Westminster to the disturbance of that place and his Palace of White-hall For people about that time in great numbers used to present Petitions to the Parliament and make Protestations of their fidelity to them in these times of fears and jealousies which grew now so great that the House of Commons upon the same day that the King sent that complaining Message to the City Petitioned him to allow them a Guard for security of their Persons while they sate alleadging in the Petition that there was a Malignant Party bitterly envenomed against them who did daily gather strength and confidence and were now come to that height of boldnesse as to give out
the Lord MANDEVILL and the forenamed five Members by Sir WILLIAM KILLIGREW Sir WILLIAM FLEMEN and others in the Innes of Court and else where in the Kings name was an high breach of the priviledge of Parliament a great scandall to his Majesty and his Government a seditious act manifestly tending to the subversion of the Peace of the Kingdome and an injury and dishonour to the said Members there being no legall charge or accusation against them Whereas there is mention made in the late recited words of this Declaration concerning the Innes of Court we cannot omit that about the same time so unhappy a Genius of division reigned among all sorts there wanted not some men dis-affected to the Parliament who went up and down perswading the young Gentlemen of the Innes of Court to make offer of their service to the King as a guard of defence if any danger threatned his Person Upon which divers of those young Gentlemen to ingratiate themselves repaired to the Court and were kindly received by the King and Queen The Parliament at that time further declared That the Priviledges of Parliament and the Liberties of the Subject so violated and broken could not be fully and sufficiently vindicated unlesse his Majesty would be pâ—eased to discover the names of those persons who advised his Majesty to issue out such Warrants for sealing of the Chambers and Studies of the said five Members to send a Sergeant at Armes to the house of Commons to demand those members to issue out Warrants for their apprehension to come thither himself in Person to publish Articles in the forme of a Proclamation against the said Members in the fore-declared manner to the end that all such persons who advised him to these actions might receive condigne punishment According to this the Houses humbly desired his Majesty that he would so far satisfie their just and legall request as to let them know those informers for the Law in two severall Statutes provides that satisfaction that if in time of Parliament the King accuse a Member of the same of what crime soever he ought to signifie to the Parliament who were the informers but the King refused to do it Upon which the House of Commons examined his Atturny General Sir EDWARD HERBERT who had preferred the aforesaid Articles he confessed nothing to them concerning any other Person or informer but only that he received the Command from the King himself and knew nothing further of it The same the King testified concerning his said Attourny in a Letter to the Lord Keeper wherein he justifieth the Atturny his action as being no otherwise then the duty of a servant required But the Parliament made another judgement of it as namely that Sir EDWARD HERBERT had broken the Priviledge of Parliament in preferring the said Articles and done an illegal act upon which he was committed to prison These actions of the King did exceedingly afflict all honest Protestants especially at such a time when the affairs of bleeding Ireland did so much and so speedily require the assistance of England which must needs by these unhappy distractions be retarded and the totall losse of the Protestant Cause there much endangered But the City of London was not the least sensible of it who in a deep and sorrowfull apprehension of this designe Petitioned the King with an expression of all the fears and dangers which they conceived themselves in at that time The things which they enumerate in their Petition are That his Majesty had put out a Person of Honor and Trust from being Lieutenant of the Tower That he had lately fortified White-hall with men and munition in an unusuall manner Some of which men had abused with provoking language and with drawn swords wounded divers unarmed Citizens passing by To explain this branch of their Petition the Reader must be informed That the King the very next day after he had entred the House of Commons as aforesaid went in his Coach into the City of London whither he had heard that those five Members had retired themselves and was every where humbly entreated by the Citizens in flocks about his Coach That he would be pleased to agree with his Parliament and not infringe the Priviledge thereof The King perceiving which way the affections of the City went returned again to White-hall where he staid about a week after During which time by what advice or to what intention I cannot tell he built there a little Court of Guard and entertained some Gentlemen and others who as the Petition declares gave those affronts to divers Citizens that passed by They complain likewise in the Petition of the late endeavours used to the Innes of Court the calling in divers Canoniers and other assistants into the Tower the late discovery of divers Fire-works in the hands of a Papist But most of all say they our feares are encreased by your Majesties late going into the House of Commons attended with a great number of armed men besides your ordinary Guard for apprehending divers Members of that House to the endangering of your sacred Person and of the Persons and Priviledges of that Honorable Assembly The effects of all which fears tend not only to the overthrow of the whole trade of this City and Kingdom which your Petitioners already feel in a deep measure but also to the utter ruine of the Protestant Religion and the Lives and Liberties of all your loyall Subjects The Petitioners therefore most humbly pray your sacred Majesty that by the advice of your great Councell in Parliament the Protestants in Ireland may be speedily relieved the Tower put into the hands of Persons of Trust that by removall of doubtfull and unknown Persons from about White-hall and Westminster a known and approved Guard may be appointed for the safety of your Majesty and Parliament and that the Lord MANDEVILL and the five Members of the House of Commons lately accused may not be restrained of Liberty or proceeded against otherwise then according to the Priviledges of Parliament The King though he conceived this Petition as himself expressed of an unusuall nature yet willing to give content to the City returned a Gracious Answer to their particulars That for Ireland he conceived he had expressed as much care on his part as possibly he could and would not faâ—l for the future What he had done concerning the Tower had been to satisfie their fearâ— before in displacing one or good Trust and putting in another of unquestionable Reputation and what preparation of strength soever he made there was with as great an eye of safety and advantage to the City as to his own Person For his Guard entertained at White-hall he alleadged the disorderly and tumultuous conflux of people to Westminster to the danger of his Royall Person not punished at all by course of Law and if any Citizens were wounded he was assured it happened by their own ill demeanours that he knew no other endeavours to the Innes of
Traitors came not out till the beginning of January though that Rebellion broke out in October and then by special Command from Vs but fourty Copies were appointed to be printed It is well known where we were at that time when that Rebellion broke forth in Scotland that we immediately from thence recommended the care of that businesse to both Houses of Parliament here after We had provided for all fitting Supplies from our Kingdom of Scotland that after Our return hither We observed all those Forms for that service which We were advised to by Our Councel of Ireland or both Houses of Parliament here and if no Proclamation issued out sooner of which for the present We are not certain but think that others before that time were issued by Our directions it was because the Lords Iustices of that Kingdom desired them no sooner and when they did the number they disired was but twenty which they advised might be signed by Vs which We for expedition of the service commanded to be printed a circumstance not desired by them thereupon We signed more of them then Our Iustices desired all which was very well known to some Members of one or both Houses of Parliament who have the more to answer if they forbore to expresse it at the passing of this Declaration and if they did expresse it We have the greater reason to complain that so envious an aspersion should be cast upon Vs to Our People when they knew well how to answer their own Objection This was the Kings Answer to that point of the Parliaments Declaration concerning Ireland But the House of Commons in another Declaration though long after charge the King upon the same particular with more circumstances of aggravation as That although the Rebels had most impudently styled themselves The Queens Army and professed that the cause of their rising was To maintain the King's Prerogative and the Queens Religion against the Puritan Parliament of England and thereupon both Houses of Parliament did humbly and earnestly advise His Majestie to wipe away this dangerous Scandal by proclaiming them Rebels and Traitors to His Majestie and the Crown of England which then would have mated and weakned the Conspirators in the beginning and have encouraged both the Parliaments here and good people there the more vigorously to have opposed their proceedings yet such was the power of evil counsel about him that no Proclamation was set forth to that purpose till almost three months after the breaking out of this Rebellion and then Command given that but fourty should be printed nor they published till further direction should be given by His Majestie But the businesse of Ireland was more particularly touched in subsequent Declarations which in their due time and place may hereafter be related That Proclamation against the Irish Rebels came not out above two days before the King entred the House of Commons as is before expressed by which act so great a disturbance was made and the relief of Ireland so much retarded It was likewise complained of to the King by the House of Commons within three weeks after that since the Ports by order of both Houses as is before mentioned had been stopped against all Irish Papists many of the chief Commanders then in the Head of the Rebels had been suffered to passe by His Majesties immediate Warrant Of which the King cleared himself in Answer to them that by examining his own memory and the notes of his Secretaries he could not finde himself guilty of granting any such Warrants CHAP. III The Queen passeth into Holland with her daughter the Princesse MARY Difference between the King and Parliament concerning the Militia The King goeth toward York and is followed with a Petition from the Lords and Commons to Theobalds and another Declaration to Newmarket The King is denied entrance into Hull by Sir JOHN HOTHAM IT was wonderful that nothing at all could advance or further this great and necessary work of reducing Ireland when so many courses were propounded and undertaken as about the middle of February both Houses of Parliament had found a way which they conceived to be most substantial and firm to carry on that War namely by adventuring for proportions of Land in Ireland there being by their account within the four Provinces of Vlster Connaught Munster and Leinster two millions and an half of Acres of Land forfeitable from the Rebels in those Provinces to be shared among those Adventurers in the City of London or other Counties thereabout that would bring in or subscribe such Sums of money as were thought fit and which were upon good and serious consideration set down in particular whereby if an happie Conquest were made upon those bloody Rebels a large recompence might be made to all those English who either in Person of Purse had contributed to so good a work The King was well contented with these Propositions offâ—ring withal to go himself in Person into Ireland but that was not thought sitting by the Parliament and so far it passed that an Act was made to that purpose enabling the Parliament with power to carry on that War until Ireland should be declared to be wholly subdued and that no Peace or Cessation of Arms should be at any time made with those Rebels unlesse both Houses of Parliament assented to it But while these things were acting other businesse wherein the safety and security of England was concerned fell into debate which was touching the Militia of the Kingdom of England and Dominion of Wales to be setled in every County upon such persons as the Parliament should approve A Petition to this purpose was sent to the King presently after they had received a Message from him dated the twentieth of Ianuary wherein the King in fair language desires the Parliament since that particular Grievances and Distractions were too many and would be too tedious to be presented by themselves that they would comprise and digest them into one entire Body that so His Majestie and themselves might be able to make the more clear Iudgement of them and that it should then appear by what His Majestie would do how for he hath been from intending or designing any of those things which the too-great fears and jealousies of some persons seem to apprehend and how ready he would be to equal or exceed the greatest examples of most indulgent Princes in their Acts of Grace and Favour to the People This Message was received with thanks by the Parliament who resolved to take it into speedie and serious consideration But to enable them with security to discharge their duties in those affairs they desired the King to raise up to them a sure ground of safety and confidence by putting in the mean time the Tower with other principal Forts and the whole Militia of the Kingdom into the hands of such persons as the Parliament might trust and should be recommended to him by both Houses This Petition of theirs was not well
Forces I Having been informed that lately at a Councell of Warre you have condemned to death Robert Yeomans late Sheriffe of Bristoll who hath His Majesties Commission for raising a Regiment for his Service William Yeomans his brothers George Bourchier and Edward Dacres all for expressing their Loyalty to His Majesty and indeavouring his Service according to their Allegiance and that you intend to proceed speedily against divers others in the like manner Do therefore signifie to you that I intend speedily to put Master George Master Stevens Captaine Huntley and others taken in Rebellion against His Majesty at Cicester into the same condition I do further advise you that if you offer by that unjust Iudgement to execute any of them you have so condemned that those here in custody Master George Master Stevens and Captaine Huntley must expect no favour or mercy Given under my hand at Oxford this 16. of May. 1643. To the Commander in FORTH Chiefe of the Councell of Warre in Bristoll The Answer to this Letter was as followeth NATHANIEL FIENNES Governour and the Councell of War in the City of Bristoll HAving received a Writing from your Lordship wherein it is declared that upon information of our late proceedings against Robert Yeomans William Yeomans and others you intend speedily to put Master George Master Stevens Captaine Huntley and others into the same condition We care well assured that neither your Lordship nor any other mortall man can put them into the same condition for whether they live or dye they will alwaies be accounted true and honest men faithfull to their King and Country and such as in a faire and open way have alwaies prosecuted that Cause which in their judgement guided by the judgement of the highest Court they held the justest whereas the Conspirators of this City must both in life and death carry perpetually with them the brand of Treachery and Conspiracy And if Robert Yeomans had made use of his Commission in an open way he should be put into no worse condition then others in the like kinde had been but the Law of nature among all men and the law of Armes among Souldiers make a difference betweene open Enemies and secret Spyes and Conspirators And if you shall not make the like distinction we do signifie unto you that we will not onely proceed to the execution of the persons already condemned but also of divers others of the Conspirators unto whom we had some thoughts of extending mercy And do further advertise you that if by any inhumane and un-Souldier-like sentence you shall proceed to the execution of the persons by you named or any other of our friends in your custody that have been taken in a faire and open way of War then Sir Walter Pye Sir William Crofts and Colonell Connebey with divers others taken in open Rebellion and actuall War against the King and Kingdom whom we have here in custody must expect no favour or mercy And by Gods blessing upon our most just Cause we have powers enough for our friends security without taking in any that have gotten out of our reach and power although divers of yours of no mean quality and condition have bin released by us Given under our hand the 18 of May 1643. To patrick Earle of Forth Lord Lieut. Generall Nathaniel Fiennes President Clement Walker c. The King also at that time writ a very sharpe command to the Mayor and Citizens of Bristoll to raise what power they could to hinder the execution of those men which he termes the murder of his loyall Subjects But nothing availed to save their lives for the forenamed ROBERT YEOMANS and GEORGE BOURCHIER according to the sentence were both executed The losse of Bristoll from the Parliament a place of great import was thus by the detection and prevention of this Conspiracy respited for a while onely For not long after it was surrendred to Prince RUPERT and happier it was for the Prince himselfe to gaine that City in a more honourable way and lesse effusion of English blood At the same time that these Conspirators against Bristoll were by sentence of a Councell of Warre put to death another Plot of higher nature and more full of horrour was detected at London a Plot which if not discovered had quite ruined the Parliament it selfe and strooke at the very head and chiefe residence of it the Cities of London and Westminster which cannot be omitted in this Relation though with as much brevity as can be possible it shall be touched The scope of it was to have put in execution the Commission of Array within London and Westminster and so to have raised a sufficient force for the Kings side to ruine the Parliament Many Citizens of London were in the Plot together with some Gentlemen besides who had taken an Oath of secrecy among themselves and were the more animated in it upon promises which Master WALLER the chiefe man in eminence among them a Member of the House of Commons had made to some of the rest that many Members of both Houses of Parliament were ingaged in the Plot and would in due time be assistants to it Though it proved in conclusion that Master WALLER was not able to make good so much as he had promised The Plot was horrid and could not possibly have been put in execution without great effusion of blood as must needs appeare by the particular branches of it which were confessed upon the Examinations of Master WALLER Master TOMKINS Master CHALLENOR Master HASELL Master BLINKHORNE Master WHITE and others the chiefe Actors in it That which appeared by the Narrative Declaration published by Authority of Parliament was to this effect That 1. They should seize into their custody the Kings Children 2. To seize upon severall Members of both Houses of Parliament upon the Lord Mayor of London and the Committee of the Militia there under pretence of bringing them to legall tryall 3. To seize upon all the Cities out-Works and Forts upon the Tower of London and all the Magazines Gates and other places of importance in the City 4. To let in the Kings Forces to surprize the City with their assistance and to destroy all those who should by Authority of Parliament be their opposers and by force of Armes to resist all payments imposed by the Authority of both Houses for support of those Armies imployed in their defence Many other particulars there were too tedious to relate at large as what signals should have been given to the Kings Forces of Horse to invade the City what Colours for difference those of the Plot should weare to be knowne to their fellowes and such like Much heartened they were in this businesse by a Commission of Array sent from Oxford at that time from the King to them and brought secretly to London by a Lady the Lady AUBIGNY Daughter to the Earle of Suffolke a Widow ever since the Battell of Keynton where the Lord AUBIGNY her husband was
slaine That Commission of Array was directed from the King to Sir NICHOLAS CRISPE Sir GEORGE STROUD Knights to Sir THOMAS GARDINER Knight Recorder of London Sir GEORGE BINION Knight RICHARD EDES and MARMADUKE ROYDEN Esquires THOMAS BROWNE PETER PAGGON CHARLES GENNINGS EDWARD CARLETON ROBERT ABBOT ANDREW KING WILLIAM WHITE STEVEN BOLTON ROBERT ALDEM EDMUND FOSTER THOMAS BLINKHORNE of London Gentlemen and to all such other persons as according to the true intent and purport of that Commission should be nominated and appointed to be Generals Colonels Lieutenant Colonels Serjeant Majors or other Officers of that Councell of Warre The Commission it selfe is to be read at large in the Parliament Records But this Conspiracy was prevented and proved fatall to some of the Contrivers being detected upon the last day of May which happened at that time to be the day of the Monethly Fast and Master WALLER Master TOMKINS with other of the forenamed Conspirators being apprehended were that night examined by divers grave Members of the Parliament of whom Master PYM was one and afterwards reserved in custody for a Tryall They were arraigned in Guild-Hall and Master WALLER Master TOMKINS Master CHALLONER Master HASELL Master WHITE and Master BLINKHORNE were all condemned none were executed but Master TOMKINS and Master CHALLONER being both hanged Master TOMKINS in Holborne and Master CHALLONER in Cornhill both within sight of their own dwelling houses Master HASELL dyed in Prison BLINKHORNE and the other were by the mercy of the Parliament and the Lord Generall Essex reprived and saved afterwards Master WALLER the chiefe of them was long detained Prisoner in the Tower and about a yeare after upon payment of a Fine of ten thousand pounds was pardoned and released to go travell abroad It was much wondered at and accordingly discoursed of by many at that time what the reason should be why Master WALLER being the principall Agent in that Conspiracy where Master TOMKINS and Master CHALLONER who had been drawne in by him as their own Confessions even at their deaths expressed were both executed did escape with life The onely reason which I could ever heare given for it was That Master WALLER had been so free in his Confessions at the first without which the Plot could not have been clearly detected That Master PYM and other of the Examiners had ingaged their promise to do whatever they could to preserve his life He seemed also much smitten in conscience and desired the comfort of godly Minister being extremely penitent for that soule offence and afterwards in his Speech to the House when he came to be put out of it much be wailed his offence thanking God that so mischievous and bloody a Conspiracy was discovered before it could take effect CHAP. III. Matters of State trans-acted in Parliament touching the Assembly of Divines The making of a new Great Seale Impeaching the Queene of High Treason and other things The Lord Generall Essex after some Marches returneth to quarter his wasted and sick Army about Kingston The Kings Forces Masters of the West The Earl of Newcastle his greatnesse in the North. Some mention of the Earle of Cumberland and the Lord FAIRFAX AT the same time that these Conspiracies were closely working to undermine the Parliament and Warre was raging in highest fury throughout the Kingdome many State-businesses of an unusuall nature had been trans-acted in the Parliament sitting For things were growne beyond any president of former ages and the very foundations of Government were shaken according to the sense of that Vote which the Lords and Commons had passed a yeare before That whensoever the King maketh Warre against the Parliament it tendeth to the dissolution of this Government Three things of that unusuall nature fell into debate in one moneth which was May 1643. and were then or soone after fully passed one was at the beginning of that moneth concerning the Assembly of Divines at Westminster Among other Bils which had passed both Houses and wanted onely the Royall Assent that was one That a Synod of Divines should be chosen and established for the good and right settlement of Religion with a fit Government for the Church of England This Bill was oft tendred to the King to passe but utterly refused by him The matter therefore was fully argued what in such cases might be done by Authority of Parliament when the Kingdomes good is so much concerned when a King refuseth and wholly absenteth himselfe from the Parliament And at last it was brought to this conclusion That an Ordinance of Parliament where the King is so absent and refusing is by the Lawes of the Land of as good Authority to binde the people for the time present as an Act of Parliament it selfe can be It was therefore Voted by the Lords and Commons That the Act for an Assembly of Divines to settle Religion and a forme of Government for the Church of England which the King had oft refused to passe should forthwith be turned into an Ordinance of Parliament and the Assembly thereby called debate such things for the settlement of Religion as should be propounded to them by both Houses which not long after was accordingly put in execution The case seemed of the same nature with that of Scotland in the yeare 1639. when the Scottish Covenanters as is before mentioned in this History upon the Kings delay in calling their Nationall Synod published a writing to that purpose That the power of calling a Synod in case the Prince be an Enemy to the truth or negligent in promoting the Churches good is in the Church it selfe In the same moneth and within few daies after another businesse of great consequence was by the Lords and Commons taken into consideration which was the making of a new Great Seale to supply the place of that which had been carried away from the Parliament as before is mentioned This businesse had been fully debated in the House of Commons and the Moneth following at a Conference between both Houses the Commons declared to the Lords what great prejudice the Parliament and whole Kingdome suffered by the absence of the Great Seale and thereupon desired their speedy compliance in Votes for the making of a new one The matter was debated in the House of Peeres put to Votes and carried for the negative The onely reason which they alleadged against the making of a new Seale was this That they have hitherto dispatched all business since the absence of the Seale by vertue of Ordinances of Parliament and they conceived that the same course might still be kept in what matters soever were necessary to be expedited for the good of the Kingdome without a Seale Yet the Lords gave a respective answer That if the House of Commons would informe them in any particular cases wherein the Kingdomes prejudice by absence of the Great Seale could not be remedied by vertue of an Ordinance they would take it into further consideration to induce complyance accordingly Neither was
it long before the Lords upon reasons shewed concurred with the House of Commons who about the beginning of Iuly presented to the Lords at a Conference the Votes Which had before passed in their House together with the reasons for making of a new Great Seale The Votes were these Resolved upon the Question June 14. 26. 1. THat the Great Seale of England ought to attend the Parliament 2. That the absence of it hath been a cause of great mischiefe to the Common-wealth 3. That a remedy ought to be provided for these mischiefs 4. That the proper remedy is by making a new Great Sale The reasons which they gave were divided into two branches The first declaring those mischiefes which were occasioned by conveying away the Great Seale from the Parliament The second expressing those inconveniences and mischiefes which proceeded from the want of the Great Seale with them The reasons of the first kinde were thus 1. It was secretly and unlawfully carried away by the Lord Keeper contrary to the duty of his place who ought himselfe to have attended the Parliament and not to have departed without leave nor should have been suffered to convey away the Great Seale if his intentions had been discovered 2. It hath been since taken away from him and put into the hands of other dangerous and ill-affected persons so as the Lord Keeper being sent unto by the Parliament for the sealing of some Writs returned answer That he could not Seale the same because he had not the Seale in his keeping 3. Those who have had the managing thereof have imployed it to the hurt and destruction of the Kingdome many waies as by making new Sheriffes in an unusuall and unlawfull manner to be as so many Generals or Commanders of Forces raised against the Parliament by issuing out illegall Commissions of Array with other unlawfull Commissions for the same purpose By sending sorth Proclamations against both Houses of Parliament and severall Members thereof proclaiming them Traytors against the Priviledges of Parliament and Laws of the Land By sealing Commission of Oyer and Terminer to proceed against them and other of His Majesties good Subjects adhering to the Parliament as Traytors By sending Commissions into Ireland to treat a peace with the Rebels there contrary to an Act of Parliament made this Session Besides divers other dangerous Acts passed under it since it was secretly conveyed away from the Parliament whereby great calamities and mischiefes have ensued to the prejudice of the Kingdome Mischiefes arising through want of the Great Seale 1. The Termes have been adjourned the course of Justice obstructed 2. No originall Writs can be sued forth without going to Oxford which none who holds with the Parliament can do without perill of his life or Liberty 3. Proclamations in Parliament cannot issue out for bringing in Delinquents impeached of High Treason or other crimes under paine of forfeiting their Estates according to the ancient course 4. No Writs of Errour can be brought in Parliament to reverse erroneous judgements nor Writs of Election sued out for chusing new Members upon death or removall of any whereby the number of the Members is much lessened and the Houses in time like to be dissolved if speedy supply be not had contrary to the very Act for continuance of this Parliament 5. Every other Court of Justice hath a peculiar Seale and the Parliament the Supreme Court of England hath no other but the Great Seale of England which being kept away from it hath now no Seale at all and therefore a new Seale ought to be made 6. This Seale is Clavis Regni and therefore ought to be resident with the Parliament which is the representative Body of the whole Kingdome whilest it continues sitting the King as well as the Kingdom being alwaies legally present in it during the Session thereof The Lords upon these reasons concurred with the House of Commons and order was given that a new Great Seale should forthwith be made which was accordingly done It should seeme the King was not well pleased with this action of the Parliament as appeared by what was done at Oxford above a yeare after when the King assembled together the Lords which were with him and all those Gentlemen that had been Members of the House of Commons and had deserted the Parliament at Westminster whom the King called his Parliament at Oxford and propounded many things for them to debate upon amongst which it was taken into debate and resolved upon the Question by that Assembly at Oxford That this very action which they stile counterfeiting the Great Seale was Treason and the whole Parliament at Westminster eo facto guilty of High Treason But this was passed at Oxford long after of which occasion may be to speak further hereafter But at the time when the Parliament made their new Great Seale the people stood at gaze and many wondered what might be the consequence of so unusuall a thing Some that wholly adhered to the Parliament and liked well that an action so convenient and usefull to the present state was done by them looked notwithstanding upon it as a sad marke of the Kingdomes distraction and a signe how irreconcileable the difference might grow betweene the Parliament and the Kings Person For the legality or justnesse of making of the Seale there was little dispute or argument among those who were not disaffected to the Parliament and though there were no direct or plaine precedent for it for the case of a Kings being personally in Warre against the Parliament sitting was never before yet by comparison with other times when the necessities of State have required such a thing it was not onely allowed but thought requisite I do not know of any thing written against it by any Lawyers or other of the Kings Party but Master PRYNNE a learned Lawyer and great Antiquary of the Parliament side hath written a copious discourse in justification of it both by arguments of reason and many neere-resembling precedents of former times called The opening of the Great Seale of England which is extant to be read by any that would be satisfied what power from time to time Parliaments have challenged and been allowed over that Seale both in making of it in the infancy or absence of Princes and disposing of it in the dotage or wilfulnesse of others But before this businesse was fully concluded another thing which seemed as great a signe how wide the rent was growne fell into debate in the House of Commons Some time was spent in consultation about it and much arguing on both sides The matter was about charging the Queene of High Treason To that purpose many Articles of an high nature were drawne up against her some of them were That she had pawned the Crowne Jewels in Holland That she had raised the Rebellion in Ireland That she had indeavoured to raise a Party in Scotland against the Parliament That she had gone in the head of