and they have just cause to believe it to be true Fifthly the Papists as publickly and with 〈…〉 importunity resort to Mass at Denmark house Saint James's aâ—d the Ambassadours Chappel as others do to their Parochial Churches Sixthly there is found already so bad consequence of this Priest John Goodman his 〈◊〉 that the City of London being solicited by the Parliament for their assistance in the advancement of Money for the supply of his Majesties Army have absolutely denied the same for that very reason which may become an ill 〈…〉 To which the King makes answer That it was against his minde that Popery or Superstition should any way increase within this Kingdom that he will restrain the same by causing the Laws to be put in execution That he is resolved to provide against Iesuits and Papists by setting forth a Proclamation speedily commanding them to depart the Kingdom within one Moneth of which â—f they fail or shall return then they shall be Proceeded against according to Law Concerning the Popes Nuncio Rosetti he hath no Commission 〈◊〉 onely to retain correspondency between the Queen and the Pope in things requisite for the exercise of her Religion which is warranted to her by the Articles of Marriage which gave her a full liberty of conscience yet 〈◊〉 he hath perswaded her that since the mis-understanding of that persons condition gives offence she will within a time convenient remove him Moreover he will take special care to restrain his Subjects 〈◊〉 resorting to Mass at Denmark house Saint James's and the Chappels of Ambassadours Lastly concerning Goodman because he will avoid the inconvenience of giving so great discontent to his People as his Mercy may produce therefore he doth remit his particular case to both Houses But he desired them to take into their considerations the Inconveniences that may upon this Occasion fall upon his Subjects and other Protestants abroad especially since it may seem to other States to be a Severity But this while though of consequence to the main Affairs we have been enforced to leave the Scots in their five Moneths warm Quarters in this Kingdom The Treaty at Rippon produced a Câ—ssation of Hostility referring further to a Treaty at London which was impowred by Commission the three and twentieth of November to the former Lords the Earls of Bedford Hartford Essex Salisbury 〈◊〉 Bristow Holland and Berkshire the Lords Wharton Paget 〈◊〉 Brook Paulet Howard of Estrick Savile and Dunsmore 〈◊〉 to any ten or more of them to treat with the Scotish Commissioners or any seven of them being the Earls of Rothes and Dumferling the Lord Loudon Sir Patrick Hâ—pburn Sir William Douglas William Drummond Iohn Smith Bailiff of Edinburg Alexander Wedderburn Hugh Kennedy Alexander Henderson and Archibald Iohnson to take into consideration their Demands and to compose all Differences thereupon in pursuance of which Commission these Demands were assented unto The Scotish Comissioners demanded First that his Majesty would be graciously pleased to command that the Acts of the late Parliament may be published in His Higness Name as our Sovereign Lord with the consent of the Estates of Parliament conveâ—eal by his Majesties Authority To this it is answered and agreed 30 Decembris 1640. That forasmuch as the Kings Majesty at the humble desire of his Subjects did call and convene a Parliament to be holden at Edinburgh the 2. of Iune 1640. wherein certain Acts were made and agreed upon which Acts his Majesty is pleased to publish in his own Name with the consent of the Estates and therefore commands that the said Acts bearing date the 2. day of Iune 1640. be published with the Acts to be made in the next Session of the same Parliament and that all the said Acts as well of the precedent as of the next Session to be holden have in all time coming the strength of Laws and to be obeyed by all the Subjects of the Kingdom of Scotland Secondly that the Castle of Edinburgh and other Strengths of the â—ingdom should with the advice of the Estates of Parliament according to their first foundation be furnished and used for defence and security of the Kingdom It is agreed unto Thirdly that Scotish men within his Majesties Dominions of England and Ireland may be freed from censure for subscribing the Covenant and be no more pressed with Oaths and Subscriptions unwarranted by their Laws and contrary to their National Oath and covenant approved by his Majesty It is agreed Decemb. 8. 1640. that all those who in his Majesties Dominions of England and Ireland have been imprisoned or censured any way for subscribing of the Covenant on for refusing to take any other Oath 〈◊〉 to the same shall be freed of these Censures and shall be fully restored to their Liberties Estates and Possession and for time coming that the Subjects of Scotland as Subjects of Scotland shall not be constrained to any Oath contrary to the Laws of that Kingdom and the Religion there established but such of the Kingdom of Scotland as shall transport themselves into the Kingdom of England or Ireland and there be settled Inhabitants either by way of having Inheritance or Freehold or by way of settled Trades shall be subject to the Laws of England or Ireland and to the Oaths established by the Laws and Acts of Parliament in the said Kingdoms respectively wherein they live And the English and Irish shall have the like privilege in Scotland Fourthly that his Majesty would be pleased to declare that whosoever shall be found upon Trial and Examination by the Estates of either of the two Parliaments they judging against the persons subject to their own Authority to have been the Authours and Causers of the late and present Troubles and Combustions whether by labouring to make and foment Division betwixt the King and his People or betwixt the two Nations or any other way shall be liable to censure of the said Parliaments respectively It is answered December 11. 1640. That his Majesty believeth he hath none such about him therefore concerning that point he can make no other Declaration than that he is just and that all his Courts of Justice are to be free and open to all men Our Parliament in this Kingdom is now sitting and the current Parliament of Scotland near approaching the time of their meeting In either of which respective he doth not prohibit the Estates to proceed in trying and judging of whatsoever his Subjects And whereas it was further demanded that none after the Sentence of the Parliament should have access to his Majesty or be maintained or enjoy Places or Offices and have credit or authority to inform or advise his Majesty It is declared in his Majesties Name Decemb. 30. 1640. That he will not imploy any person or persons in Office or Place that shall be judged incapable by Sentence of Parliament nor will he make use of their service without the consent of
of England and Ireland and to introduce an Arbitrary and Tyrannical Goverment against Law in the said Kingdoms and for exercising a tyrannous and exorbitant Power over and against the Laws of the said Kingdoms over the Liberties Estates and Laws of his Majesties Subjects and likewise for having by his own Authority commanded the laying and assessing of Souldiers upon his Majesties Subjects in Ireland against their consent to compell them to obey his unlawfull Commands and Orders made upon Paper-petitions in Causes between party and party which accordingly was executed upon divers of his Majesties Subjects in a warlike manner within the said Realm of Ireland and in so doing did levy War against the Kings Majesty and his Liege-people in that Kingdom And also for that he upon the unhappy Dissolution of the last Parliament did slander the House of Commons to his Majesty and did counsel and advise his Majesty that he was loose and absolved from Rules of Government and that he had an Army in Ireland which he might imploy to reduce this Kingdome for which he deserves to undergo the paines and Forfeitures of high Treason And the said Earl hath been also an Incendiary of the wars between the two Kingdoms of England and Scotland all which offences have been sufficiently proved against the said Earl upon his Impeachment Be it therefore Enacted by the Kings most excellent Majesty and by the Lords and Commons in this present Parliament assembled and by â—â—thority of the same that the said Earl of Strafford for the hainous crimes and offences aforesaid stand and be adjudged and attainted of high Treason and shall suffer such pain of death and incur the Forfeitures of his Goods and Cattels Lands Tenements and hereditaments of any estate of freehold or Inheritance in the said Kingdomes of England and Ireland which the said Earl or any other to his use or in trust for him have or had the day of the first sitting of this present Parliament or at any time since Provided that no Iudge or Iudges Iustice or Iustices whatsoever shall adjudge or interpret any Act or thing to be Treason nor hear or determine any Treason nor in any other manner than he or they should or ought to have done before the making of this Act and as if this Act had never been had or made Serving alwaies unto all and singular persons and bodies politique and corporal their Heirs and successors other than the said Earl and his Heirs and such as claim by from or under him all such right title and Interests of in and to all and singular such of the said Lands Tenements and Hereditaments as he they or any of them had before the first day of this present Parliament any thing herein contained to the contrary notwithstanding Provided that the passing of this present Act and his Majesties assent thereunto shall not be any determination of this present sessions of Parliament and all Bills and matters whatsoever depending in Parliament and not fully enacted and determined And all Statutes and Acts of Parliament which have their continuance until the end of this present session of Parliament shall remain continue and be in force as if this Act had not been This Bill of Attainder being read opened and affirmed by sundry Presidents and Acts of Parliament might no doubt remove the misty cloud of the Peers understanding And therefore the next day the heat of that house appeared towards his destruction contrary to the Kings conscience whose Judgement was that he deserved relief And to that end the first of May he called both Houses together and to them he opened himself for the Earls defence thus My Lords and Gentlemen I had no intention to have spoken to you of this business to day which is the great business of the Earl of Strafford because I would do nothing which might hinder your occasions But now it comes to pass that I must of necessity have past in the judgment I think it most necâ—ssary to declare my conscience therein I am sure you know I have been present at the hearing of this great cause from one end to the other and I must tell you that in my conscience I cannot condemn him of high Treason It is not fit for me to argue this business I am sure you will not expect it a positive Doctrine best becomes the mouth of a Prince yet must I tell you three truths which I am sure no man can tell so well as myself First That I had never any intention of bringing over the Irish Army into England nor ever was advised by any body so to do Secondly That there was never any debate before me either in publique Councel or private Committee of the disloyalty of my English subjects nor ever had I any suspicion of them Thirdly That I was never counselled by any to alter the least of any of the Laws of England much less to alter all the Laws Nay I tell you this I think no body durst ever be so impudent as to move me to it For if they had I should have made them such an example and put such a mark upon them that all posterity should know my intentions by it they being ever to govern by the Law and no otherwise I desire rightly to be understood for though I tell you in my conscience I cannot condemn him of high Treason yet cannot I clear him of misdemeanours therefore I hope you may find out a way to satisfie justice and your own fears and not oppress my conscience My Lords I hope you know what a tender conscience is and I must declare unto you that to satisfie my people I would do great matters but in this of conscience neither fear nor any other respect whatsoever shall ever make me goe against it Certainly I have not deserved so ill of this Parliament at this time that they should press me in this tender point therefore I cannot suspect you will go about it Nay I must confess for mis-demeanours I am so clear in them that though I will not chalk out the way yet I will shew you that I think my Lord of Strafford is not fit hereafter to serve me or the Common-wealth in any place of trust no not so much as a Constable Therefore I leave it to you my Lords to find out some such way as to bring me out of this straight and keep your selves and the Kingdome from such inconveniences So then in effect he tells them of his presence at the hearing of that great cause from one end to the other and that positively in his conscience he cannot condemn him of High Treason but could not clear him of misdemeanours and he hoped that they might finde out a way to satisfie Justice and their own fears and not to oppress the Kings conscience which neither fear nor any other respect whatsoever should make him go against it and leaves them the way to bring him out of this straight This
to have been abjured 3. That if they return to this Kingdom they be used as accursed and delivered over to the Devil and out of Christs body as Ethniks and Publicanes 4. That all evil Councellours be accusable and censurable at the next Parliament conform to the Statute of 4. Jac. and that all persons in this Kingdom entertainer and maintainers of Excommunicated Prelates be proceeded against with Excommunication conform to the acts of this Kirk 5. That seeing this Session or Term is now appointed to sit in prejudice of the people who have been busie for the late defence of their Religion and this Nation and now retired to settle their own affairs and not having fourty dayes warning as legally it ought to be and now but twenty to come Wee Protest that all the Members of the Colledge of Iustice and all other subjects ought not to attend this Session that all their Acts which they shall doe shall be voyd 6. Lastly We Protest to have liberty to inlarge this our Protestation and Reasons and thereupon the Earle of Dalhouse for the Lords Sr. William Rosse for the Barons the Provost of Sterling for the Burroughs and Mr. Andro Ramsey for the Ministers take Instrument hereof Edinburgh 1. July 1639. They that would excuse this Insolent impetuosity of proceeding in the Covenanters so early after the accord and so fair do affirm that by the endeavours which was lately used by the Commissioner Marquesse Hamilton to disunite as they call it and corrupt the chief and most leading Covenanters as namely Argyle Rothes Lindsay Monrosse Lowdon Sr. William Dowglas Mr. Alexander Henderson and others by allurements of great offices And that Argyle offered his Daughter in Marriage with Rothes and Ten thousand pounds portion and to remain forthwith and for ever to Rothes in case Hamilton failed of performance But the Scots meet at their time appointed the sixth of August the General Assembly at Edinburgh continuing till the twenty fourth and there made good to themselves the first Article of the Kings reference to his Commissioners former promise which were in particular Abolishing Episcopacy the five Articles of Perth High Commission Liturgy and Book of Canons And the Marquesse Hamilton designed with new Commission from the King to assent thereto and to Act in other things But he cunningly cast that Imployment upon Traquair whose jugglings together proved false and treacherous to all succeeding affairs of their Soveraigne For after the Assembly the Parliament being prorogued to the twenty sixth of August they then sit And at the beginning debate the Interests to the Election of the Lords of Articles The King heretofore named eight Bishops and they eight Noblemen and these sixteen elected eight Commissioners for the Sherifdoms and eight others for the Burroughs and Corporations And these thirty two and no more had the names of Lords of the Articles and were a Committee to canvasse and correct all Bills before they go to Vote And so the King not to be prejudiced in his Nomination by the avoydance of Bishops the Parliament yeelded to his Commissioner to chuse eight Noblemen for the present bnt voted that hereafter every State should Elect their own Commissioners Thus far they were forward for businesse but then how and in what manner to supply the vacancy of Bishops Votes and how to constitute the Third Estate The Commissioner urged for the King fourteen Laiks of such as were called Abbots and Priors to represent the third Estate which after some alteration was settled and voted into small Barons that represent the Commonalty and then fell upon abrogating former Acts of Indictions of Courts of Exchequer Ward-lands and other things so peremptory to a kinde of Reforming all to a fresh new modeling of a Government of their own without reference to Regality the Commissioner had command from the King to Prorogue the Parliament until the second of Iune next against which they frame a Declaration to be of no effect without consent of Parliament and might sit still but in some shew of duty they for the present would make Remonstrance of their Propositions and proceedings and if by suggestions Informations and Imputations bad effects should follow the world should witnesse their constraint to take such courses as might best conserve the Kirk and Kingdom from eminent confusion And accordingly and as a consequence their Deputies the Earl of Dumfirmlin and the Lord Lowdon present their Remonstrance and the Commissioner Traquair came also to the King to give the account of all not before a select Committee of Councellours but the whole body of the Councel and to hear both parties with very fierce Reproofs Recriminations between them where the deputies their old impudent manner not at all qualifying any mistakes or oversights but absolutely insisting upon direct justification of all and every Act of both Assembly and Parliament in their transactions to the very not onely lessening of the Kings prerogative but over ruling if not destroying of all soveraign authority which nothing but power and force could reduce to moderation or reason and these passages made an end of the moneth September During these Scotish affairs about the middle of Iuly came over hither into England the Prince Elector who the last year had ill successe of his designe into Westphalia where he was beaten and his brother Rupert taken prisoner And now Duke Bernard a gallant Commander lately dead the Prince of Orange advised the Elector to procure assistance of his Uncle the King of England to get command of that Dukes Army And although our home affairs were in great necessity of support here yet the King upon his score encouraged him therein and withall dealt with the French Ambassadour Leiger here to procure his Master into a League of assistance with him Intimating so much to Cardinal Richlien the great manager of the French affairs and Councels and glad sayes one to serve his Majesty and Nephew Quite another way for though a Treaty therein was set on foot yet with no intent or policy in the Cardinal too much to further the effect and indeed but a by shift of our King for the present for how could Richlieu be righty perswaded to it being so lately hardly reconciled for the English account upon the Isle of Rhe and the relief of Rochel and from whence he took rise and resolution of revenge by plots and councels with the Scots in all their Rebellions against the King as you shall see hereafter And in truth even now whilst the Treaty the Palsgrave in November was treacherously advised even by the Cardinals designe to passe disguised through France to the Swedes army but discovered all the way first by our own Fleet at the Downs saluted with a voley of great Guns and so by the ship the like which landed him at Boullen for Paris and after to Lions where he was seized and denying himself arrested and as it was managed by the Elector very perfidious to the
scorn and the most hated man of all the Hierarchy where his turn came to be last devoured after he had eaten up some of his brethren The Earl of Strafford though in durance yet found friends abroad very active to serve him and accordingly it was the nineteenth day moved First That he might be bailed by divers Lords who offered caution But it was answered by the Lord Paget that it was against the Laws of the Land and the priviledge of the House and so passed the Major votes not to be admitted But was assigned Council and a solicitor in reguard of his restraint The one and twentieth one Iohn Iames son of Sir Henry Iames of Feversham in Kent a Romish Catholique stabbed Mr. Howard a Justice of peace of Westminster in Westminster-hall not unto death which was attempted because Mr. Howard had drawn a Catalogue of such Recusants as were within the Liberties of Westminster which he was to deliver up to the Committee of Religion for which fact Iames was secretly punished The eight and twentieth Mr. Pryn and Mr. Burton were conducted into London from their several Prisons in great pomp by many thousands of horse and foot with Rosemary and Bayes in their caps in despight and defiance of the course of Justice which had sentenced them and the third of December they presented their Petitions to the House of Commons for dammage against their Prosecutors This Parliament of Inquisition began to appear terrible to all that lodged but under suspition of guilt but insufferable to the conscience condemning which Sir Francis Windebank Secretary of State not able to bear having been questioned and mainly convinced for reprieving Iesuites and Priests and of worse matters suspected guilty got over into France where he remained to his death a professed Roman Catholique The seventh day unanimously in the Commons House was voted 1. That the Charge imposed upon the Subject for the providing and furnishing of Ships and the Assessments for raising moneys for that purpose commonly called Ship-mony are against the Laws of the Realm the Subjects right and property contrary to former resolutions in Parliament and the Petition of Right 2. That the extrajudicial opinion of the Iudges published in the Star-chamber and enrolled in the Courts of Westminster are in the whole and every part of them against the Laws of the Realm c. ut prius 3. That the writs commonly called Ship writs are against the Laws of the Realm c. ut pius 4. That the Iudgment in the Exchequer in Mr. Hamdens case is as to the matter and substance thereof against the Laws of the Realm c. ut prius And so was it voted in the House of Lords And the next day a Committe was appointed to draw up a charge of High Treason against such as had been abetters therein the Lord Keeper Finch and the rest of the Iudges But though the Parliament was thus severe against the legality of Ship-mony yet it is observed that amongst the best Lawyers the matter was justifiable ascribing much to the Judgment of that learned Lawer Mr. Noy who first preferred it Secondly All the Judges subscribing to it in time of danger of which danger the King was declared to be Judge Thirdly And being argued in the Courts of Justice and by all the Judges in the Exchequers Chamber it was definitively sentenced for the King 4. Nor was it voted down by Parliament but in a meer arbitrary way without review or Council heard as the Judges reason of their opinion so much as required 5. And yet the arguments of the two Justices Crock and Hutton for the Illegallity was by vote of the house of Commons put in print but the opinion of the other eight Judges which were for the legality of it continue suppressed which gave most men occasion to conceive the greater reason in those arguments which were kept in the dark 6. And in all this design to vote it down the Parliament was fain to have recourse to the King and to crave an act of Parliament to secure them from it for the future and to countenance their cause the Judges were impeached in order to the pretext not merit of punishment And now the eleventh of December Alderman Lack-land or Pennington with some hundred at his heels a rable of petty Shop-keepers and Prentices presented their Citizens Petition subscribed by fifteen thousand pittifully perplexed at the Ecclesiastical Discipline and sundry Ceremonies of the Church of England which was wholly debarred but was transmitted till a cooler time And because it was thought sit to strike while the Iron was hot this Petition ushering in much worke of Reformation It was thought convenient to condemn the illegallity of the proceedings in the late Convocation and their Canons which being canvased on both sides the houses and all of one party few Arguments need to be urged where the prevailing sence of the House opposed and so resolved the fifteenth of December That the Clergy in a synod or Convocation hath no power to make Canons Constitutions or Laws to bind either Layity or Clergie without a Parliament And first next day that the Canons are against the fundamental Laws of this Realm against the Kings Prerogative Propriety of the Subject the Right of Parliaments and do tend to Faction and Sedition This Parliamentary Doctrine was but now newly known Convocations never before depending on Parliaments but either in calling or dissolving confirming or authorising the Acts thereof but onely on the King himself not in Parliament neither but in his Palace and this seems to be proved by the Statute 26 Henry 8. and the constant practice ever since And for the Canons before they were subscribed they were imparted to the King and by him communicated to the Lords of the Privy Council the Iudges the learned Council then attending and were read and approved without any thing therein tending to Faction and Sedition or to the prejudice of the Subjects propriety or the Kings Prerogative or the Laws of the Land yet the Parliament frame a Bill for fining all the Clergie of that Convocation keeping them in such aw as none did appear in maintenance of their Authority or in opposing those Incroachments and Innovations which daily were introduced upon them And as to the Civil Iudges for case of Ship-money so the Parliament proceed with the Ecclesiastick Arch-bishop of Canterbury against whom they form a Committee to draw up a Charge against him as the Framer of these Canons and for other supposed Delinquencies aggravated by the Scots adjoyning him with the Earl of Strafford in their grand Accusation as an Incendiary in this National Difference promising to bring in their Complaint but in the mean time Master Hollis on Friday is sent up with the Impeachment and is seconded the same day with the Charge of the Scots Commissioners upon the reading whereof he was committed to the custody of the Black Rod
proclames that by the last Act of this Parliament concerning Tunnage and Poundage It is there provided that no penalty in that Act or in 1 Iac. shall ensue to any person unless they refuse to compound for any Goods imported or exported after notice given of the same by Proclamation where the said Goods are to be entered And now declares that they pay the said Tunnage and Poundage as by the said Acts are expressed c. at York March 24. with which we end our English affairs for this year The Earl of Northumberland being Admiral and indisposed the King had commanded Sir Iohn Pennington Vice-admiral to take the charge of this Summer Fleet for the Narrow Seas and the Parliament as earnestly recommend the Earl of Warwick for that service inclosing their Message in a piece of Paper within a Letter to the Lord Keeper Littleton of the 28. of March neither by way of Petition Declaration or Letter it being also the first time that ever they took upon them the nomination or recommendation of the chief Sea-commanders and it adds to the wonder being that Sir Iohn Pennington was already appointed by the King for that service and indeed by mediation of the Admirals infirmity without any fault of exception And although he were not appointed nor through some accident might not be able to perform that service yet others of the same profession are so well known to the King that the recommendations of that kinde would not be acceptable and so was the Earl of Warwick absolutely refused The Assizes holden at York and the Gentry Ministers and Free-holders being assembled they most humbly shew to the Kings most excellent Majesty their souls piercing anguish proceeding from the general Distractions of this Kingdom somewhat eased by the comfort of his presence and gracious confidence in the affections of this County Yet the fellow-feeling of the passionate sorrow of the other parts of this Kingdom do inforce them after the tender of their Lives and Fortunes for the safety of his Person Crown and Sovereignty to follow that sacrifice of duty with their Prayer and Petition which shall not cry for help of particular Distractions naming all they could reckon up since his own Declaration in those particulars renders it an unpardonable crime in them to supect his words sacred before God and man But emboldened by the Oracle of Truth that a divided Kingdom cannot stand and his Majesty best acquainted with the means of prevention of danger that he will please to declare the Expedients which may take away all misunderdings betwixt him and his great Council to whom they will also address their endeavours to beget in the King a confidence in their Councils and blessed union necessary to this perplexed Kingdom April 5. To this so humble and hearty Address the King could not hold off their Expectations but suddenly told Mr. Sheriff and the Gentlemen that he believed they expected not a present Answer onely in the general and upon the sudden he sees he is not mistaken in the confidence of their affections nor will he deceive their expectation from him He observes their Petition modest not for themselves in particular and therefore he puts them in minde of three things for their good 1. He will reduce their Trained Bands into a lesser number as they shall shew him the way 2. To advise him to complie with the engagements for to pay them their Arrears for Billet-money and had the Water gone to the right Mill they had not wanted it now 3. For the Court-judicature of York of which he assures them he knows no legal dissolution thereof nothing as yet appears to him directly or indirectly so that it is but shaken not dissolved and if they shall advise the way of setlement thereof for the Northern parts they shall not blame him if they fail and refers them to a day or two for a full answer to all And assured them That as to the Praier of their Petition which included the rest the onely way of good understandings is for the Parliament to consider of his Message the twentieth of January last that the Militia be setled by Act of Parliament explained in his Answer to their Petition of the six and twentieth of March last and wishes them in those to applie to the Parliament for the good of all c. April 7. The King most intent to reduce Ireland by his Message to the Houses offers his own person with these Propositions That he intends to raise his Guard by Commissions out of the Counties near Chester two thousand Foot and two hundred Horse to be there armed from his Magazine at Hull and those to take the Oath of Supremacie and Allegiance The charge of raising and paying them shall be added to the Parliaments undertakings for that War which if too great the King will sell or pawn his Land or Houses Towards which as he hath already writ to Scotland to quicken their Levies for Ulster so he wishes the Parliament to hasten theirs for Munster and Connaught And hath prepared a Bill by his Atturney concerning the Militia for the good of all if received if refused he calls God and the World to judg between them To this the Parliament never returned answer But before the ninth of April some Members of the Commons House had subscribed in pursuance of the Act of Parliament for the reducing the Rebells of Ireland and subsigned unto sixty thousand four hundred and fifty pounds but how or when paid I do not finde The County of Bucks lend freely six thousand pounds upon the said Act for Ireland with great thanks to that County and with promise of very high acceptation if other Counties will part with their moneys so freely which shall be repaid them out of the Bill of four hundred thousand pounds to be raised for that service but how or when repaid I finde not The Parliament apprehending the Kings desire to lay hold on the Magazine at Hull pretend great necessity of Arms and Ammunition at the Tower of London being much diminished from thence by Supplies to Ireland and desire to have it lodged here in more safety than Hull and with easier transport for Ireland And to sweeten it to the peoples apprehension this Petition is accompanied with a charitable Prayer that the Reprieve of six Priests in New-gate may be taken off and they executed This Design concerning Hull presaged the cause of much mischief the ground of war and the first eminent effects of their power in the Militia and therefore the King returns to them a sharp Answer Rather to have an Account from them why a â—arison was placed there without his consent and Souldiers billeted without Law and express words of the Petition of Right than to be moved to remove his Magazine without reason or judgment He would know why his own inclination on the general rumour of Papists was not as sufficient for him to put the
out of the Kings aim for the present but to be hazzarded in the future if the Parliament do not remove it to London which was their Design Therefore the County of York petition the King that the Magazine may still remain in respect of securing the Northern parts especially where his person does reside being like David's the Light of Israel more worth than ten thousand besides The best assurance to give them sufficient answer was to seize it himself into his own hands or rather to take view of what might be fitting to remain there or to remove it for Ireland and taking onely a Guard for his person of his Domesticks and neighbour Gentry went in person the three and twentieth of April but contrary to his expectation the Gates were shut upon him the Bridges drawn up anâ— from the Walls appears Sir Iohn flatly denies him entrance his Reason without Breach of Trust to his Parliament and â—o seditiously put his Treason upon them to which the King demanded iâ— they had so directed him to shew their Order And after a reasonable time of parley Hotham having a thousand in Garison excepted against the greatness of the Kings Train at length against him and twenty Horse and at last against any at all unless by condition which the King disdaining Hotham was there to his face proclaimed Traitour And there being in the Town the Duke of York and the Prince Electour having gone there the day before to visit the place with much ado and long consultation ere they could be let out to the King And for this Treason his Majesty demands justice of his Parliament against Sir Iohn April 24. This act apprehended to be high Treason against the Kings person 25 Ed. 3. 11 H. 7. It was so certified by Letter to the Mayor and Fraternity of Kingston upon Hull as a warning to them and the Gâ—rison not to adhere to Hotham and declare their allegeance but to lay down their Arms and admit of the King and requiring them all not to permit any part of the Magazine to be removed without the Kings assent being more willing to enlarge their immunities than by any occasion to question their Charter April 25. And not being able to endure this affront he again sends to the Parliament that the Town and Magazine be immediately delivered up to him and exemplary justice upon Hotham and tells them â—ll this be done he will intend no other business whatsoever for to be worse in condition than the meanest Subject not to enjoy his own 't is time to examine how he lost them and to trie all possible waies by help of God the Law and his good Subjects to recover them and vindicate himself And concludes if we shall miscarrie herein we shall be the first Prince of this Kingdom that hath done so and God so deal with us as we continue in these resolutions To which Messages having no return Scouts are laid to intercept Letters or Messengers between Hull and the Houses which they vote to be such a Breach of Parliament as to defend it with all their lives and fortunes and order That the Sheriffs and Iustices of the peace of the Counties of York and Lincoln suppress all Forces that shall be raised or gathered together against the Town of Hull or to disturb the peace The Bill of the Militia as the King designed it to be drawn by his Council was declined by the Parliament and a new one fitted by themselves and presented to the King which he refused being the fiâ—st which he â—annot ought not must not pass for these Reasons he resolved upon against which they never gave one Argument to satisfie his judgment they having put the power in the persons nominated by them for two years excluding the Kings in disposing or executing any thing together with them without limitation or circumstance which he offered not to do neither withou their advice and in his absence in Ireland or other place to be soly in them and that for a year It was strange for them to press the King herein for the power in particular persons what to expect from an exorbitant legal power when Hotham's late insolency by a power not warranted by Law dares venture upon a treasonable disobedience Besides they had put Names out and in altering the former Ordinance with especial provision against such as would obey no Guide but the Law of the Land as in particular the good Lord Mayor of London Gurney a person now in their disfavour in whose behalf the King told them His demeanour hath been such as might be example to the Citie and the whole Kingdom This being thus refused they take to heart Hull and Hotham 's cauâ—â— by Declaration votes and orders therein That the desperate Desigâ— of Papists occasioned the Parliament to intrust Hull to Sir John Hotham a Member of theirs of the same Countie of considerable fortune and unquestionable approved integritie who not long after turned Traitour to them and the rather there because of former intercepted Letters of the Lord Digby to the Queen and Sir Lewis Dives And that Captain Leg should have surprized the Town the Earl of New-castle coming thitâ—er suspitiously aâ—d then the Kings cominâ— with force to surprize the Garison and to deprive Sir John of his life which the Parliament reserv'd for the Gallows All which being by the King a high Breach of the Privilege and violation of Parliament they think fit to clear by votinâ— it and Hotham justified and send a Committee of Lords and Commons to reside there for the better securing Hull and him April 28. It was no boot for the King to dispute these proceedings how unreasonable how unjust yet he does in an Answer to theirs advise the Subject to peruse the Statute 11 H. 7. cap. 1. and concludes with Mr. Pym's words in one of his Speeches If the Prerogative of the King overwhelm the Libertie of the People it will be turned into Tyrannie If Libertie undermine the Prerogative it will grow into Anarchie And the King adds of his own We say into confusion Nay to add to the Kings anger Hotham is authorized to issue out his Warrants to raise divers of the Trained Bands in the County of York and to march with their Arms into Hull where being come he disarms them and turns them home again This the King signifies to the High Sheriff and that it cannot be done legally but by the Kings Warrant or Writ or the Lords Lieutenants or Deputies by Commission And there being now no Lord Lieutenant and the former Commission to Colonels Captains and other Officers of Trained Bands derived from him being void And therefore commands him to signifie to all the late Colonels and Officers and to all Controllers upon their Allegeance not to muster or train or march with any Trained Bands without the Kings immediate command or Writ and if they refuse obedience then to command Posse Comitatus to suppress them
law bound to be faithful not to the King only as King but to his Person as King Charles When Hugh Spencer caused it to be written tempore Edw. that Homage and Allegeance was more by reason of his Crown viz. his Kingdome than of his Person and if He can not be reformed by sute of Law nor will redress the evil from the people It ought to be removed by force and that his Liege be bound to govern in ayd of Him and in default of him for this he was condemned by two Parliaments and banished for ever Then to assist the King the people are bound by the duty of their Allegeance to serve and assist him at all seasons when need requires 11 Hen. 7. Cap. 18. And therefore the charges all his loving Subjects from levying forces other then according to a late Act this sessions for the present defence of England and Ireland or contribute money thereto And Proclaimes the Lawfulness of his commissions of Array issued into the several Counties of England and dominion of Wales and of the use of them and their execution And we may expect the Parliaments answer to all And first to the Kings Paper as they call it sent to the Lord Mayor Alderâ—men and Sâ—eriffs of London the fourteenth of Iune They declaim against the Kings proceedings therein mentioned justâ—fie their intents promise a just use and right disposing of the great Loans of money for suppressing the Irish Rebellion conveyed this Paper to be suppressed and do assure themselves that neither the Kings commands nor his threats can deterre the well affected for the publique to do their Duty to the Parliament to contribute their money Horse and Plate for preserving what is most precious Religion Libert Safety the overthow of the Cities Charter and exposing their wives and children to rapine violence and villany and the wealth of this famous City to be a prey to desperate and necessitous persons in which the Parliament will evermore protect them To which the King replies and they again to his Commission of Array and he again to them in such particulars as becomes to be a great Book and now left to the Lawyers to dispute on both sides and to which we refer the reverend readers And now we enter upon the war on both sides and being thus distinguished into faction they also were distinct in terms whether by hap or so designed by themselves The one called the Royal the other the Parliament party untill after a while they were nick-named the Cavaliers and the Roundhead The first a Title of Hoâ—nour to the Gallantest persons throughout Christendome this other I know not from whence derived which reminds me of what I have read That a Prince being ingaged in a foreign expedition and to invite his Subjects to a general assistance with their persons and purses devised a nickname with this odium That he which refused to wait upon him was for ever to be called Truant or Truand from the French or the Greek Trouein consumere quoniam in desidia inertia et otio tempus conterit as we say Truants which fixed upon him and his posterities till the policy of state to avoid friends and factions suppressed that term upon pain of punishment It were not amiss to wish it so with us if that could make us friends But on they go amain and wondrous busie on both sides Matter enough for much History wherein hitherto I have adventured on the Readers patience not to be brief which makes this Book thus big The rather to acquaint you with the manner as well as the matter the several stiles of eithers Publications the one very natural the other more forced But now we come to blowes down right war we are necessitated not to be tedious And because the Transactions are of a double nature Civil and Martial we shall set them apart for the better apprehension of their several stories For Defâ—ciunt arma nisi sunt concilia domi we will therefore afford the affairs of State the first place and the effects of War to follow for Cedant arma togâ— with this advice that although I have with extreme curiosity and pains laboured the truth out of the best Records and Relations and therein ingenious just and true yet the effects of War have been so partially exprest by such as set them down as that therein by comparing their Narratives if I willingly recede from either and make choice of a better Text between them I hope to finde a reasonable excuse professing that I have no self-seeking no self-interest if I forbear the ranting reputation which hath been bestowed on either And although we cannot deny them their equal value yet we shall abate them the numbers of their slain and wish in truth they had been less for fear if you afford them the total sum which they set down it would have depopulated this Nation into women and children The varietie of Actions of this present Age and Government have been very remarkable that of the Militarie not the least worthie though the storie thereof be below the Stage and requires not an uncontroulable pass without a Preface The Event of which War all Christendom have or may expect with admiration and horrour An Historie not to be viewed by intricate parcels but in one intire bodie the rise and progress of things being proceedings perplexed with multiplicitie of interwoven discourses and uncertain Relations partially put together by either partie when three Kingdoms came to be ingaged as too soon it happened and no part in either stand free the labour then must needs be large to lodg things in a narrow room and to comprize the several parts with their just true and perfect measure into little so many divided Plots are not easily to be gathered into a greater harmonie and a more exact symmeâ—rie of parts The life of this Narrative being as well to declare the delinquencie of States as its accomplishment and pretended perfection A standing Monument it must be wherein nothing may be thrust upon the world more than the thing it self But withall we shall endeavour a true Rehearsal of such particulars and rare changes as are more deserving to grace the composure and affect the Reader with this Protestation for my self herein Neuter to carrie no Byass affection to any side thereby to deserve a check or suspition to be more true to a Faction or their ends lest I should transgress against the honour of this work which I undertake The great Ingagement of this people in this cause began when the Parliament declâ—red their Resolution of a War quickened by the same principles in the main which did actuate that supreme Court the very motions of a Parliament spirit in the people complying with every Act of theirs whose Remonstrances were received with all obsequious respect more than the Declarations of the King and both of them blown up into a flame This partie intending to maintain
in the sight of Almighty God that I will not disclose nor reveale unto any Person or Persons whatsoever who is not a Commissioner any matter or thing that shall be spoken of during the Treaty by any one or more of his Majesties Commissioners in any private Debate amongst our selves concerning the said Treaty so as to name or describe directly or indirectly the person or persons that shall speak any such matter or thing unlesse by the consent of all the said Commissioners that shall be then living Memorandum That it is by all the said Commissioners agreed that this shall not binde where any ten of the Commissioners shall agree to certifie his Majesty the number of the Assenters or Dissenters upon any particular result in this Treaty not naming or describing the persons Upon the Kings former Message from Evesham Iuly 4. And his second Message from Tavestock Septem 8. and the consideration of the Parliaments late Propositions sent to the King at Oxford Novem. 23. which he Answered in the general the effect whereof produced an offer of the King for a Treaty so that at last it was assented unto and Commissioners appointed on all sides for the King and for the Parliament of England and the Parliament of Scotland to Treat at Uxbridge the 30. of Ianuary The day came and after eithers Commission was assented unto the Kings Commissioners complain against one Mr. Love who preached in Uxbridge to the people that very day Thursday Market day Telling them that the Kings Commissioners came with hearts full of bloud and that there is as great distance between this Treaty and Peace as between Heaven and Hell With divers other seditious passages against the King and his Treaty It was Answered that Mr. Love was none of their Train and that they would present this Complaint to the Parliament who will no doubt proceed in justice therein who was sent to the Parliament and slightly blamed but grew into so much favour with a Faction and therein very bold that we shall finde him hereafter a Traitor and sentenced to be hanged drawn and quartered but had the favour of the Ax. The observable end of many such in these times Commissioners pro Rege Duke of Richmond and Lenox Marquess of Hertford Earl of Southampton Earl of Kingston Earl of Chichester Lord Capel Lord Seamour Lord Hatton Lord Culpepper Sir Edward Nicholas Sir Edward Hide Sir Richard Lane Sir Thomas Grandure Sir Orlando Bridgeman Mr. Io. Ashburnham Mr. Ieffery Palmer Doctor Stuard Commissioners pro Parl. Earl of Northumberland Earl of Pembroke Montgomery Earl of Salisbury Earl of Denbigh Lord Wenman Mr. Hollis Mr. Pierpoint Sir Hen. Vane Iunior Mr. Crew Mr. Whitlock Mr. St. Iohns Mr. Prideaux Lord Loudon Sir Charles Ersken Scots Commissioners Mr. Doudas Mr. Brackley Mr. Henderson Then they proceed to their Order of Treaty 1. concerning Religion 2. Militia 3. Ireland But ere the Treaty began this Paper was delivered in to the Commissioners of Parliament from the other for reconciling all differences in the Matter of Religion and procuring a Peace we are willing 1. That freedom be left to all Persons of what opinion soever in Matters of Ceremony and that all the penalties of the Lawes and Customs which enjoyn these penalties be suspended 2. That the Bishops shall exercise no Act of Iurisdiction or Ordination without the consent and Councel of the Presbyters who shall be chosen by the Clergy of each Diocess out of the Learned'st and gravest Ministers of that Diocess 3. That the Bishop keep his constant Residence in his Diocess except when he shall be required by his Majesty to attend him on any occasion and that if he be not hindered by the Infirmity of old age or sickness he preach every Sunday in some Church within his Diocess 4. That the Ordination on Ministers shall be alwayes in the Publick and Solemn Manner and very strict rules observed concerning the sufficience and other qualifications of those men who shall be received into holy Orders And the Bishop shall not receive any into holy Orders without the Approbation and consent of the Presbyters or the Major part of them 5. That competent Maintenance be established by Parliament to such Vicarages as belong to Bishops Deans and Chapters out of the Impropriations according to their value of the several Parishes 6. That no Man shall be capable of two Parsonages or Vicarages with cure of Souls 7. That toward the setling of the Publick peace a hundred thousand pounds shall be raised by Parliament out of the estates of Bishops Deans and Chapters in such manner as the King and Parliament shall think fit without the Alienation of any of the said Lands 8. That the Iurisdiction in causes Testamentary Decimals and Matrimonials be setled in such a manner as shall seem most convenient by the King and Parliament And likewise that Acts to be passed for regulating of Visitations and against immoderate Fees in Ecclesiastical Courts and abuses by frivolous Excommunications and all other abuses in Ecclesiastical Iurisdictions as shall be agreed upon by King and Parliament And if the Parliaments Commissioners will insist upon any other things which they shall think necessary for Religion the Kings Commissioners shall very willingly apply themselves to the consideration thereof But no Answer was given thereto The Parliaments Commissioners paper concerning Religion That the Bill be passed for Abolishing and taking away of all Archbishops Bishops c. according to the third Proposition That the Ordinances concerning the calling and sitting of the Assembly of Divines be confirmed by Act of Parliament That the Directory for Publick Worship already passed both Houses and the Propositions concerning Church Government annexed and passed both Houses be Enacted as a part of Reformation of Religion and Vniformity according to the first Proposition That His Majesty take the Solemn League and Covenant and that the Covenants be enjoyned to be taken according to the second Proposition To this was annexed the following Paper That the ordinary way of dividing Christians into distinct Congregations and most expedient for edification is by the respective bounds of their dwellings That the Minister and the Church Officers in each Congregation shall joyn in the Government of the Church as shall be established by Parliament That many particular Congregations shall be under one Presbyterial Government That the Church be Governed by Congregational Classical and Synodical Assemblies to be established by Parliament That Synodical Assemblies shall consist both of Provincial and National Assemblies Which Papers suffered three dayes of the Treaty in dispute The next three dayes were ordered for the Militia and was afterwards resumed for other three dayes Propositions concerning the Militia 4 February We desire that the Subject of England may be Armed Trained and Disciplined as the Parliament shall think fit That the like for Scotland as the Parliament there shall think fit An Act for setling the Admiralty and forces at Sea and
monies thereto for maintenance may be as the Parliament shall think fit The like for Scotland An Act for setling all forces by Sea and Land in Commissioners to be named by Parliament and as both Kingdoms shall confide in and to Suppresse all powers and forces contrary hereto and to act as they shall be directed by Parliament So for the Kingdom of Scotland That the Militia of the City London and of the Parishes without London and the Liberties within the weekly Bills of Mortality be in the Lord Mayor Aldermen and Common-council That the Tower of London may be in the Government of the City and the Chief Officers those be nominated and removable by the Common-council That the Citizens or forces of London may not be drawn out of the City without their own consent and that the example in these distracted times may be no Precedent for the future The next three dayes began the 7. of February and the same was also taken up again Feb. 18. for other three dayes for Ireland That an Act of Parliament be passed to make void the Cessation of Ireland and all Treaties of the Rebells without Consent of Parliment and to settle the prosecution of the War of Ireland in the Parliament to be managed by the joynt advice of both Kingdoms and his Majesty to assist and to do no act to discountenance or molest them therein But the Kings Commissioners were so far from yeilding to this Proposition that they had intimation from the King how he was ingaged for Ireland having two dayes before in great earnest writ to hasten the Peace in Ireland in these words Ormond I cannot but mention the necessity of hastning the Irish Peace But in case against all expectation and reason Peace cannot be had you must not by any means fall into a new rupture with them but continue the Cessation c. for a year for which you shall promise them if you can have it no cheaper to joyn with them against the Scots and Inchequin for I hope by that time my condition may be such as the Irish may be glad to accept lesse or I be able to grant more 16 February 1644. Oxford By those Letters the mystery is opened why the King is so violent for Peace with the Irish but this was tenderly treated by the Kings Commissioners and well they might be willing to shadow these designs if they were acquainted with the bottom which few could fathom In general the Kings Commissioners had upon the matter of the Parliaments Propositions consented unto many particulars and alterations of great Importance and complain that the other have not abated one title of the most severe of their Propositions nor have offered any prospect towards Peace but by submitting totally to those Propositions which would dissolve the Frame of Government Ecclesiastical and Civil In the matter of Religion the Kings Commissioners offered all such alterations as they conceived might give satisfaction to any Objection that hath or can be made against that government with their reasons why they cannot consent to the Propositions but if consented unto could not be in Order to Reformation or publique Peace And though in the Parliaments Covenant enjoyned to be taken by the King and all his Subjects they undertake the Reformation in Government and in Doctrine too thereby laying an imputation of Religion it self yet the Parliaments Commissioners have not given the other the least Argument nor the least prejudice to the Doctrine of the Church of England Nor given any view in particular of what they would propose to be abolished And therefore the Kings Commissioners offered That if the Articles proposed by them did not give satisfaction that then so great an alteration as the total abolishment of a Government established by Law may for the imparlance of it and any reformation in Doctrine for the scandal of it be suspended till after the Disbanding of all Armies the King may be present with the Parliament and calling a National Synod may receive such advice both from the one and the other as may be necessary and as any Reformation thus calmly made must needs prove for the singular benefit so whether the contrary that is an alteration even to things though in themselves good can by the principles of Christian Religion be enforced upon the King or Kingdom In that of the Militia Though the Parliaments Commissioners did not deny that the apprehensions of danger are mutual and that the chief end of depositing the Militia into the hands of certain persons is for securitie against possible dangers Yet they did insist that those persons should be nominated by the Parliaments of England and Scotland and that the time of that great unheard of Trust shall be in such manner that though it seems limited for seven years yet in truth it shall not be otherwise exercised then as the King and Parliament shall agree and he may thereby be totallie divested of the Sword without which he cannot defend himself from Foreign or Domestick or protect his Subjects Add to all that Scotland professing distinct and different Laws shall yet have a great share in the Government of this Kingdom Instead of consenting to these Changes the Kings Commissioners proposed That the persons to be Trusted with the Militia may be Nominated between them or that an equal number the one half by the King the other by the Parliament and all those to take Oath for the due discharge of that Trust so their securitie being mutual neither can be supposed to violate the agreement the whole Kingdom being eye-witnesses of the failing And as it is reasonable that for this security the King parting with so much of his own power as makes him unable to break the Agreements so it is most necessary when the apprehension of all danger of that breach be over that then the Soverain power of the Militia should revert and be as it hath alwaies been in the Kings proper Charge And therefore the Kings Commissioners proposed that the Trust should be for three years a time sufficient to produce a right understanding of both sides and if any thing else material may be necessary to be done that the same may be considered after the Peace setled But in all that this Kingdom may depend of it self and not of Scotland as Scotland shall without advice of this Kingdom Concerning Ireland The Parliaments Commissioners proposed that the King Nul this Cessation made by Royal Authority The Lords Justices and Councels desires and for the preservation of the remain of the poor Protestants there from Famine and Sword And to put the whole War Militia and Government of Ireland into the hands of the Scots General by advice of a Ioint Committee of both Kingdoms wherein each to have a Negative voice To which the Kings Commissioners acquainted them with the just Grounds of the Kings proceedings in that businesse of Ireland which they conceived might satisfie all men of his
unto them whereby it may be determined by his Majesty and the two Houses how the Church shall be governed after the said three years or sooner if differences may be agreed Touching the Covenant his Majesty is not yet therein satisfied and desires to respite his particular Answer thereunto until his coming to London because it being a matter of conscience he cannot give a resolution therein till he may be assisted with the advice of some of his own Chaplains which hath hitherto been denied him and such other Divines as shall be most proper to inform him therein and then he will make clearly appear both his zeal to the Protestant profession and the union of these two Kingdoms which he conceives to be the main drift of this Covenant To the seventh and eighth Propositions his Majesty will consent To the ninth his Majesty doubts not but to give good satisfaction when he shall be particularly informed how the said penalties shall be levied and disposed of To the tenth his Majesties Answer is that he hath been alwaies ready to prevent the practises of Papists and therefore is content to passe an Act of Parliament for that purpose And also that the Laws against them be duly executed His Majesty will give his consent to the Act for the due Observation of the Lords Day for the suppressing of Innovations and those concerning the Preaching of Gods Word and touching Non-Residence and pluralities and his Majesty will yeild to such Act or Acts as shall be requisite to raise monies for the payment and satisfying all publick debts expecting also that his will be therein included As to the Proposition touching the Militia though his Majesty cannot consent unto it in tirminis as it is proposed because thereby he conceives he wholly parts with the power of the Sword entrusted to him by God and the Laws of the Land for the protection and government of his people thereby at once divesting himself and dis inheriting his Posterity of that right and Prerogative of the Crown which is absolutely necessary to the Kingly Office and so weaken Monarchy in this Kingdom that little more then the name and shadow of it will remain Yet if it be only security for the preservation of the peace of this Kingdom after the unhappy troubles and the due performance of all the agreements which are now to be concluded which is desired which his Majesty alwayes understood to be the case and hopes that herein he is not mistaken his Majesty will give abundant satisfaction to which end he is willing by Act of Parliament that the whole power of the Militia both by Sea and Land for the space of ten years be in the hands of such persons as the two Houses shall nominate giving them power during the said term to chang the said persons and substitute others in their places at pleasure and afterwards to return to the proper Chanel again as it was in the times of Queen Elizabeth and King James of blessed memory And now his Majesty conjures his two Houses of Parliament as they are Englishmen and lovers of peace by the Duty they owe to his Majesty their King and by the bowels of compassion they have to their fellow Subjects that they will accept of this his Majesties offer whereby the joyful news of peace may be restored to this languishing Kingdom His Majesty will grant the like to the Kingdom of Scotland if it be desired and agree to all things that are propounded touching the conserving of peace betwixt the two Kingdoms Touching Ireland other things being agreed his Majesty will give satisfaction therein As to the mutual Declarations proposed to be established in both Kingdoms by Act of Parliament and the Modifications Qualifications and Branches which follow in the Propositions his Majesty only professes that he doth not sufficiently understand nor is able to reconcile many things contained in them but this he well knoweth That a general Act of Oblivion is the best bond of Peace and that after intestine troubles the wisdom of this and other Kingdoms hath usually and happily in all Ages granted general Pardons whereby the numerous discontentments of Persons and Families otherwise exposed to ruin might not become fuel to new disorders or seeds to future troubles His Majesty therefore desires that his two Houses of Parliament would seriously descend into these considerations and likewise tenderly look upon his condition herein and the perpetual dishonour that must cleave to him if he shall thus abandon so many persons of Condition and Fortune that have engaged themselves with and for him out of a sense of duty and propounds as a very acceptable testimony of their affection to him that a general Act of Oblivion and free Pardon be forthwith passed by Act of Parliament Touching the new great Seale his Majesty is very willing to confirm both it and all the Acts done by vertue thereof untill this present time so that it be not thereby pressed to make void those Acts of his done by vertue of his great Seal which in honour and justice he is obliged to maintain And that the future government thereof may be in his Majesty according to the due course of Law Concerning the Officers mentioned in the ninteenth Article his Majesty when he shall come to Westminster will gratifie his Parliament all that possible he may without destroying the alterations which are necessary for the Crown His Majesty will willingly consent to the Act for the confirmation of the Priviledges and Customs of the City of London and all that is mentioned in the Propositions for their particular advantage And now that his Majesty hath thus far endeavoured to comply with the desires of his two Houses of Parliament To the end that this agreement may be firm and lasting without the least face or question of restraint to blemish the same his Majesty earnestly desires presently to be admitted to his Parliament at Westminster with that honour which is due to their Soveraigne there solemnly to confirm the same and Legally to passe the Acts before mentioned and to give and receive as well satisfaction in all the remaining particulars as likewise such other pledges of mutual love trust and confidence as shall most concern the good of him and his people upon which happy agreement his Majesty will dispatch his Directions to the Prince his Son to return immediately to him and will undertake for his ready obedience thereunto Holmby May 12. 1647. The Commissioners sent down to the Army return this Accompt That they had sent to the Army the result of the Parliament for the addition of fourteen dayes pay more and the Act of Indempnity to the Officers But the Parliament Voted That all the Forces of this Kingdom not subscribing for the service of Ireland shall be disbanded excepting those for the continued Garisons and to be referred to the Committee of Derby House to consider of the time when that the General now at London
with the insolencies of some Priests which caused the Council there to put them all to the Horn for non-appearance and afterwards to Proclame them Rebels But to avoid apprehending they all fled hither for some sanctuary untill their cause were pleaded which found little favour they being returned back upon good caution and security to abide their several trials at home Some overtures were made here from the Emperour in referrence to the further quiet of Germany and the cause of the Palatinate And finding the Queen of Bohemia neerly concerned and in a narrow condition her former Pension from hence decreasing she was consulted by Message of Sr. Henry Vane sent by the King to visit her and to relate the offer of 30000 l. per annum from the Emperour with conveniency of Reception within the Palatinate Her Eldest Son to marry one of the Emperours daughters and to be brought up in that Imperial Court Whereunto it is said She made this Magnanimous reply Rather then to suffer her childe to be bred in idolatry She would cut his throat with her own hand for which the Authour so highly extolls her to have so erect a minde in her lowest estate This appears to be Strange That Sr. Henry Vane sent on purpose over Seas of an Arrand should be so mistaken in his message to make it the Kings desire which was but his bare proposal And that such a religious Person as her Majesty should be forward to commit so damnable a sin to her self as to Murther her own Son ratheâ— then to consent that he should be bred a Papist and so to prevent a hazzard his damnation it seems under the profession of the Church of Rome The Wars in Italy began two years since about the succession of the Duchies of Mantua and Monferrat which after the death of the Duke Vincent without children fell to the Duke of Nevers The Spaniards through Jealousie without right or title take Arms so did the Duke of Savoy He seized some places in Monferrat and they besieged Casal The Venetians in suspition of the Spaniards further progresse in Italy and joyn with Nevers So does France who passeth by force through Savoy to the streight of Susa and after the taking many Towns of Savoy falls upon the Spainard takes Cambrey besieges Montmelian sends before to Piemont and follows himself in person where he was victorious leaving the poor Duke of Savoy to seek preservation in desert and unaccessible places Yet the Spainard continues the siege of Casal under command of Spinola And the French defends the Citadel by force of Toras two succesful Generals the one in the Low-Countreys and the other against the English at the Isle of Rhe. The businesse came to this The Town and Castle were already yeelded to Spinola and the Citadel had capitulated to surrender by such a day if succour came not In the interim Spinola dies of Infection the Duke of Savoy in his Bed when by intercession of the Pope and Cardinal Mazerines first Negotiation and dexterity the peace was concluded with the Emperour of Vienna and all caressed in that Treaty The French restores all to the Savoy Nevers begs pardon and is invested the Spaniard renders Monferrat and all are Friends again which the fume of ambition had caused with much bloud-shed And really those two Nations having stoutly wrangled by Famine Sword and Sickness in Italy with the loss of above a Million of Mortals among them came neither of them to their secret end and reaped no other salary but vain-glory and all Neighbours about suffered by siding to their several humours When the French had broken that puissant party of the House of Austria in Italy he devises new Alliance to attach the Spaniard And first by Mediation of the Venetians they are put upon it to propose a Treaty for Peace between the two Crowns of England and France which was not difficult for us to accept King Charls being more manacled at home by his own Subjects than the French were with outward Forces And so both parties having their several Designs they soon agreed into these Articles 1. That the two Kings shall renew former Alliance inviolable with free Commerce and in this particular such things may be proposed to add or diminish as either part shall judg convenient 2. That for what is past during the late Difference in satisfaction shall be demanded on either side 3. That the Articles of Marriage of the Queen of Great Brittain shall be confirmed and concerning her Domesticks to propose Expedients to be added or diminished 4. All former Alliances between the Crowns shall stand good unless changed by this present Treaty 5. And the two Kings being thus remitted to their former affections shall respectively correspond towards the assistance of their Allies so far as the continuation of affairs and the general good shall permit for procuring of the repose of the Troubles of Christendom 6. Ambassadours on either part to be dispatcht for ratificatication and Residencies in either Court 7. And touching Ships at Sea with Letters of Marcque on either side that for 2. moneths following shall nâ—t prejudice this Agreement Provided to restore eithers Prize after that time upon demand 8. These Articles to be joyntly signed the 14 of this preseâ—t April and instantly then to be consigned into the hands of the Lords Ambassadors of Venice to be delivered to each King aâ—a day prefixt All acts of Hostility to cease and to be Proclamed in both Kingdoms the 20. of May following And in September Sr. Thomas Edmonds Controller of the Kings Houshold and the Marquesse of Chasteauneut were sent reciprocally from either King to take confirmation of these by Oath The State of Spain in no worse condition of retrograde then either of the other finding it some disadvantage upon him for two such Monarchs to piece up their Peace meant to make sure of One. Not that he was so low though Pasquin poasted him up in a Friers habit at Rome as begging friendship A common abuse among Princes being subject to the pleasure of Poets and Painters not so handsom to be chronicled for Authority seeing at that time the House of Austria was high enough the Emperour on the other side by way of equal return elevated on his Throne with a King fallen at his feet and the Eagle loaden with feathers plucking the Crown off his Head but these fancies are the common peoples food But of this arrand we are told came Peter Reuben hither the famous rich Painter of Antwerp Secretary and Gentleman of the Chamber to the Arch-Duchesse of Eugenia Which was but thus King Charles had a minde to dignifie the structure of the Banquettingâ— House at White-Hall with ornament of Painting in the in-side and Reuben sent hither for that designe He having lately finished most excellent Figures and Historical Pieces for the Queen Mothers Palace at Paris The like he did here The Paintings over head in
take with the people besought the Marquesse to forbear avowing to protest against it This caution no doubt should not have wrought upon authority to decline the hazzard yet the Commissioner somewhat tainted with their heresie publiquely forbore supposing that the Declaration might avert the humour of the people unto better affections which he did not really intend But wasted time to their advantage Sending to the King to sweeten it with larger exemptions and graces to command the return of the Terms and Meetings again to Edinburgh almost depopulated into penury the best policy and to give him leave to return to the King with such emergent Instructions not otherwise to be committed to paper or Message To these he had Commission To amend the Declaration to recall the Terms and to commit the affairs publique to the secret Councel and after all to come to the King These were as they had contrived and being full of the conveniency for their better Assembling never care to stir from a good Town They resent this high favour with most humble thanks to the King in a Letter subscribed by these that you may know their Names hereafter Traquare Roxborough Marr Morton Winton Lithgow Wigton Kingorn Hadington Lauderdale Kinoul Southeck Lorne Naper Daliel Thay Iames Carmichel Thomas Hope Iohn Hamilton Iuly 2. 1638. Then their consciences thwarting with jealousies and fears they most boldly demand the remove out of the Session Spotswood the President and Hay the Master of the Rolls as affectors to Prelacy and abetters of Innovation So to punish them by this suspension and to convict them afterwards without processe or probation if not done they would protest against all Acts of Session either of them being present to be null but there they were denied And the Marquesse leaves them brangling in Session and posts to the King But so privately as it was a pitiful policy To have told them that the stock of his Instructions was spent and he must hie him home for to fetch a fresh supply No he needed not being returned ere they hardly missed him and so well he was observed here during that short stay as the more knowing Courtiers held him for a Knave But so cunningly was it carried that forsooth His Grace must be rumored to be well affected to the Covenant and was compelled to vindicate himself by the ayd of his compurgators some such as himself of the Councel and Nobility And now comes the time of their General Assembly and thereof they raise a suspition of freedom in the condition of their Members and of their Matter their to be handled But they would have the Assembly it self to be Iudge both of their ownâ—members and of their Matters To which the Marquesse declares his Instructions absolutely depending upon necessary concession of these Ten Articles 1. That all Ministers deposed or suspended by Presbyteries since the first of February last without warrant of the Ordinary should be restored till they were legally convicted 2. That all moderators of Presbyteries deposed since that time without such warrant be restored and all others chosen in their stead to desist from acting as Moderators 3. That no Minister admitted since that time without such warrant shall exercise the Function of the Ministery 4. That all Parishoners repair to their own Church and that Elders assist the Ministers in the Discipline of the Church 5. That all Bishops and Ministers have their rents and stipends duely paid them 6. That all Ministers attend their own Churches and none come to the Assembly but such as shall be chosen Commissioners from the Presbyteries 7. That every Moderator be appointed to be a Commissioner from that Presbytery whereof he is a Moderator according to the Act of the Assembly 1606. 8. That Bishops and others who shall attend the Assembly be secured in their persons from all trouble 9. That no Lay person meddle in the choise of Commissioners from Presbyteries 10. That all Convocations and meetings be dissolved and that the Countrey be reduced to a peaceable Posture But from these ten Articles they appeal to a General Assembly there to be properly discussed which so seemingly incensed him that he contracted those Propositions into these two 1. If the Lords and the rest will undertake for themselves and the rest that no Laicks shall have Vote in chusing the Ministers to be sent from the several Presbyteries to the General Assembly nor none else but the Ministers of the same Presbytery 2. If they will undertake that the Assembly shall not go about to determine of things established by Act of Parliament otherways than by remonstrance to the Parliament leaving the determining of things Ecclâ—siastical to the General Assembly and things settled by Acts of Parliament to the Parliament Then I will presently indict a General Assembly and promise upon mine Honour immediately after to call a Parliament These though so reasonable they in rage refused and resolve to be their own Carvers and to call a general Assembly themselves and much ado â—e had with them to forbear untill he should return from the King Their outcry against his weak Instructions not impowring him sufficiently and therefore to fetch them more ample they limit him the one and twentieth of September next and promise him to stay till that time What could be more obvious to observation This Commissioner having for his future ends treacherously insinuated into most of the Kings secret Council there as yet firm for his service by these degrees to connive with him to the increase of all the Covenanters insolent demands and then for him to fetch another freak to the King with tales and fears of the Scots Formalities wrought so as to confirm what they demanded and gave them time and opportunity to prepare for their following Rebellion He comes accordingly to the King and to his Counsellours at Oatlands who God knows knew little of the Scots affairs condescended to all that they had till then desired tracing the way for others hereafter to do so too In a word like a Council distracted left all the management without limitation to his ample Instructions framed as himself and English Covenanters could advise him Within his time limited he returns to Scotland but findes them more forward to order their own Election and to sit the two and twentieth of September the very next day after the former prefixt yet he assembles the Council and acquaints them with his intended course which no sooner discovered and to be wondrous satifactory to the People and to prevent the Declaration they procured that the Hubbub begin crying out in the Streets No Declaration flocking about the Market Cross with such Multitudes that for some days it was respited till the calm came indeed affording them time to consult their Protestation against it and then it was published thus Charls by the grace of God c. To free our Subjects of the least of our Intention to innovate any
of those Times see the boldness of some particulars Reading at the Middle Temple the Lent Vacation February 24. by Master Bagshaw making his choice of the Statute 25 Edward 3. cap. 7. He had intended he said to meddle with Prohibitions but not with Tacitus to follow Truth too near the heels for fear of his teeth nor too far off lest he lose it and so neither to offend nor to be offended Dividing his Matter into ten parts for ten Days and every Day into ten several Cases I shall oney insist upon such as then became the common discourse then but misreported His first Case thus Whether or no it be a good Act of Parliament without assent of the Lords Spiritual He for the Affirmative proved thus First that they sit not as Bishops but as Baronies annexed to their Bishopricks 5 William 1. and all of them have so save the Bishop of Man and he is not called Ergo Secondly he proved some Parliaments held without any Bishops at all Kelway's Reports 7 Henry 8. fol. 184. that the presence of Bishops are not necessary Thirdly that divers Acts have been made when they were present and would not consent as the Act of Conformity 1 Edward 6. and Supremacy 1 Eliz. Fourthly that if at any time of Parliament they should dis-assent yet the major part of Barons concluding and the House of Commons concurring the Act shall pass because their Voices are over-ruled by the major of Barons Fifthly that the Bishops cannot sit in case of Bloud in Iudicature but they may sit to assist to enact Laws but not to give assent for Execution of them in case of any Murder or Bloud His second Case thus If any beneficed Clerk were capable of temporal Iurisdiction at the time of making that Law He held the Negative point and these his Proofs First the first that ever were made Iustice of Peace or had power in temporal Iurisdictions were the Bishops of Durham and York 34 Edward 3. nine years after the same Act so not a principio but a tempore Secondly before the Statute of Conformity 1 Edward 6. the Clergy were never put in Commission for temporal and the reason why they were then admitted was to perswade the People to Conformity not to give sentence against them Thirdly if they conceive in conscience because they have spiritual calling therefore not to meddle in temporal causes then they may refuse it for they are never desired nor put in Commission but at their own suit so then they may either refuse or be allowed as their desires affect His third Case thus Whether a Bishop without calling a Synod have power as Diocesian to convict an Heretick And so he maintained he could not His Reason thus That albeit by the bloudy Statute of 2 Henry 4. some supposed grounds may be raised for maintenance of that authority yet it is not full and besides which is the main reason the Commons did not assent to the making of that Law for he had searched the Records and found that Act onely past by consent of the Lords Spiritual and Tempâ—ral and the Commons never mentioned therein Some other Matters he held in point of Law and had he gone forward he would have delivered his opinion both of the High Commission and Prohibition as is conceived but he was commanded silence and within two Days after he repaired to the Lord Keeper carrying with him the Heads of Argument which the Lord Keeper said was good Law but not seasonably delivered And told him that as he was prohibited by the King from his Reading so he must be set at liberty again by his Majesty and advised him to move the Archbishop of Canterbury for his Proceeding After the Reader had been twice at Lambeth without admittance the third time he spake with the Arch-bishop there who told him he had fallen upon an unfit subject and in an unseasonable time and that it would stick closer to him than he was aware of He answered that he had not done it of any evil intentions neither had he taken this resolution of late time but that above two years ago when he knew he must now perform the Exercise he then made choice of that Statute and untill within these twelve Moneths he never heard of any opposition against the Prelacy and thinking the same that was moved against them in another Kingdom nothing concerned this therefore he conceived no offence would have been taken by it and for him to have altered the frame of his Reading specially before this time he should have disappointed the House and wronged himself in his studies Profession and Practice in regard he would not have been able in so short a time to have performed so great a Task as that was His Lordship answered that perhaps he had been better have given it quite over at the first than to suffer that by it which he was like to do The Reader replied that what he had delivered was good Law and he was able to maintain it and would stand by it and hoped he needed not fear any mans power in regard his cause was lawfull and warrantable but he humbly desired his Majesties leave to finish what he had begun He was answered that his Majesty had otherwise resolved of it This Reader went out of Town on Friday the sixth of March accompanied with fourty or fifty Horsmen in very good credit and applause of the House in which he is a Member to this instant time The Scots Commissioners lately here having done their arrand and thereby settled a resolution in this State to have a narrower search into their national actions returned home to Edinburgh that same night the nineteenth of November that a great part of the Castle wall fell to the ground with the Canons mounted as if undermined and to be surprized by an Enemy which so dayly they supposed was done by design of treachery to them who were all Traytors themselves But recovering their fears and Jealousie this time was calculated to be the just Anniversary of the Kings birth day the nineteenth of November 1600. just thirty nine years since and so they turned the accident to an ominous presage of the ruines of the Kings design now in hand against their Idol Covenant yet the more subtiler sort made a better use and more politique for the King having commanded the Lord Estrich Colonel Ruther and the commander of the Castle to order the reedifying the Covenanters withstood those appointed not permitting any materials to be carried in for repaire this was the highest in dignity and signified their resolution not to be mastered To which the King gave suddain apprehension concluding upon force to bring them to obedience And therefore he drawes out a select choyce of his Council into the Cabinet for the Scotish affaires and indeed directly to cashier such the most especially as were light headed and as the Arch Bishop is said to nickname them Hunting Lords
Earl craved not to Answer an unexpected addition without time assigned yet the Lords prevailed and put him to a present reply 1. That he had withdrawn four and twenty thousand pounds and more from the Exchequer in Ireland and converted to his own use 2. That in the beginning of his Government the Garrisons of Ireland had been maintained by the English Treasury 3. That he had advanced popish and infamous persons as the Bishop of Waterford and others to the prime Room in the Church of Ireland Answer 1. That England was indebted to Ireland so much which he took up upon his own credit and paid it in again producing the Kings Authority and Letter for the same 2. That the Garrisons had been formerly burdensom to England which he so found and had so improved the Kings Revenues there that they were not burdensom at all 3. That he never preferred any but whom he conceived consciencious and honest not being able to prophesie of mens future conditions And for the Bishop of Waterford he hath satisfied the Law The next Day March 24. the particular Articles were inforced to each he answered in order The further Impeachment of Thomas Earl of Strafford by the Commons assembled in Parliament The first Article was not insisted upon 2. That shortly after the obtaining of a Commission dated the 21. of March in the 8. Year of his now Majesties Reign to wit the last Day of August then next following he the said Earl to bring his Majesties Liege-people into a dislike of his Majesty and of his Government and to terrifie the Iustices of the Peace from executing the Laws he the said Earl being then President of the Kings Council in the Northern parts of England and a Iustice of Peace did publickly at the Assizes held for the County of York in the City of York in and upon the said last Day of August declare and publish before the People there attending for the administration of Iustice according to the Law and in the presence of the Iustices sitting that some of the Justices were all for Law but they should finde that the Kings little finger should be heavier than the loyns of the Law Testified by Sir David Fowls and others The Earls Reply That Sir David Fowls was his profest Enemy that his words were clearly inverted that his expression was That the little finger of the Law if not moderated by the Kings gracious clemency was heavier than the Kings loyns That these were his words he verified First by the occasion of them they being spoken to some whom the Kings favour had then enlarged from Imprisonment at York as a Motive to their Thankfulness to his Majesty Secondly by Sir William Pennyman a Member of the House who was then present and heard the words Which Sir William declaring to be true the House of Commons required Iustice of the Lords against him because he had voted the Articles as a Member of the House whereupon Sir William wept 3. That the Realm of Ireland having been time out of minde annexed to the Imperial Crown of this his Majesties Realm of England and governed by the same Laws the said Earl being Lord Deputy of that Realm to bring his Majesties Liege-people of that Kingdom likewise into dislike of his Majesties Government and intending the subversion of the Fundamental Laws and settled Government of that Realm and the distraction of his Majesties Liege-people there did upon the 30. Day of September in the 9. Year of his now Majesties Reign in the City of Dublin the chief City of that Kingdom where his Majesties Privy Council and Courts of Iustice do ordinarily reside and whither the Nobility and Gentry of that Realm do usually resort for Iustice in a publick Speech before divers of the Nobility and Gentry and before the Maior Aldermen and Recorder and many Citizens of Dublin and other his Majesties Liege-people declare and publish that Ireland was a conquered Nation and that the King might do with them what he pleased and speaking of the Charters of the former Kings of England made to that City he further said that their Charters were nothing worth and did binde the King no further than he pleased Testified by the Earl of Cork and two other Lords The Earls Reply That if he had been over-liberal of his tongue for want of discretion yet could not his words amount to Treason unless they had been revealed within fourteen days as he was informed As to the Charge he said True it is he said Ireland was a conquered Nation which no man can deny and that the King is the Law-giver in matters not determined by Acts of Parliament he conceived all loyal Subjects would grant 4. That Richard Earl of Cork having sued out Process in course of Law for recovery of his Possessions from which he was put by colour of an Order made by the said Earl of Strafford and the Council-table of the said Realm of Ireland The said Earl of Strafford upon a Paper-petition without legal proceedings did the twentieth Day of February in the eleventh Year of his now Majesties Reign threaten the said Earl of Cork being then a Peer of the said Realm to imprison him unless he would surcease his Suit and said that he would have neither Law nor Lawyers dispute or question any of his Orders And the twentieth of March in the said eleventh Tear the said Earl of Strafford speaking of an Order of the said Council-table of that Realm made in the time of King James which concerned a Lease which the said Earl of Cork claimed in certain Rectories or Tithes which the said Earl of Cork alleged to be of no force said that he would make the said Earl and all Ireland know so long as he had the Government there any Act of State there made or to be made should be as binding to the Subjects of that Kingdom as an Act of Parliament And did question the said Earl of Cork in the Castle-chamber upon pretence of Breach of the said Order of Council-table and did sundry other times and upon sundry other occasions by his words and speeches arrogate to himself a Power above the Fundamental Laws and established Government of that Kingdom and scorned the said Laws and established Government The Earls Reply It were hard measure for a man to lose his Honour and his Life for an hasty word or because he is no wiser than God hath made him As for the words he confessed them to be true and thought he said no more than what became him considering how much his Masters Honour was concerned in him that if a proportionable obedience was not as well due to Acts of State as to Acts of Parliament in vain did Councils sit And that he had done no more than what former Deputies had done and than what was agreeable to his Instructions for the Council-table which he produced And that if those words were Treason they should have been revealed within
Earl of Essex to Brainford so near the King and if peace had been intended by the Parliament it would be conceived more proper to have sent to the King rather a Paper of just Propositions than an unjust Accusation of his Councils proceedings and person And his Majesty sent them word that he intends to march to such a distance from London that may take away all pretence of apprehension from his Armie that may hinder them from yet preparing Propositions of peace to present him and thereby to receive them or end these pressures and miseries I am the more curious in the controversion of this Accident to relate the Narrative and leave the Censure to the Readers impartiality And now again the four and twentieth of November the Parliament with their old Mode petition the King to return to his Parliament with his Royal not his Martial Attendance and they shall be ready to give him Assurances of such security as may be for his honour and the safety of his person To which the King answers with so much reason confuting their pretended loyal desires by the effects of their violence against him from the first of their Petitions of this kinde remindes them of their pretensions and of his candid and gracious offers and actions wishes that his Declarations Protestations Messages Answers and Replies to the Parliament were ingenuously published by them to undeceive his people abused into misbelief of him and his best actions and so returns to Reading The effect of all this intended Address for Accommodation rather increased a more desperate Division between the King and Parliament by a far stretched exasperating Relation styling it The barbarous and cruel passages of the Kings Armie at Brainford The Preamble belcheth out such unnatural inhumane and strange cruelties which send forth a voice and that voice so loud that it awakes even secure mankinde and stirs up their bowels to an inflamed and united indignation like the divided pieces of that woman abused to death c. There was no such deed done nor seen from the day that the children of Israel came out of Egypt c. It is a Lamentation and to be taken up for a Lamentation no such thing hath been done since England came out of the Egypt of Rome Acts so far out of ken and view of Christianitie that they are void of humanitie yea short of the nature of wilde beasts c. And a great deal more of such stuff that a man might be amazed to finde the Parliaments Order for the speedy imprinting it Nov. 24. Then follows the Relation so poorly penned so short of expectation so pitifully expressed and yet so far differing from the truth being within the ken of last days remembrance that in earnest I need not confirm it with Rhetorick that these times took up a liberty to amaze the people with even Impossibilities which yet were believed Some reputation the Kings successes here took with his Friends beyond Seas that by a Letter written from the Hague to Secretary Nicholas intercepted and read in the House it appears what effect it wrought Which successes of the King hath supported our credits here says the Letter that the Prince of Orange hath advanced all those sums we are to expect from him of which twenty thousand pounds are sent towards you as much to New-castle and as much at least we bring with us besides the great business we expect a final end of this day which will advance sixty thousand pounds more We have sent over ten thousand Foot Arms two thousand Horse Arms twenty Pieces of Canon we bring over Wagons and all Accommodation to march so soon as we arrive with considerable Officers from hence and by the advice we receâ—â—â— from that side there are eight thousand Foot already six Troops of Horse and the rest will not be long a raising after we come there General King is designed for Lieutenant General he hath been with the Queen and will be suddenly there From Denmark are likewise sent Arms for ten thousand Foot and two thousand five hundred Horse with a Train of Artillerie and every thing proportionable to the very Drums and Halberds Two good Men of War come their Convoy and in them an Ambassadour to his Majestie a person of great qualitie from Denmark Cokram comes along with him We have great apprehensions here intimated by my Lord of Holland of a Treatie entered into c. Hague Nov. 22. 1642. And this supposed to be from Colonel Goring or rather so set out by the Parliament for at the publishing of this Letter they shew so much Danger as necessarily to require thirty thousand pounds to be lent by the City on Tuesday next that the Ministers are required to stir up their Parishioners and the Church-wardens to assemble their Parish to morrow after Sermon and on Munday next the Money is to be brought in at Guild-hall which they shall raise of Contribution From Saturday to Tuesday thirty thousand pounds Loan and God knows how much Church-offerings and all upon a ranting Letter made up for that purpose 'T is true that afterwards supplies of Arms and Money did arrive but as yet no certainty but by intelligence from beyond Seas which you see did their work in earnest for borrowing Money Since the first of December to the tenth the state of the military affairs in the North stand thus the Earl of Newcastle for the King came to York and joyned his Forces to the Earl of Cumberlands making in all eight thousand Horse and Foot of which there are above two thousand Horse Dragoons a strength too potent to be resisted by the Lord Fairfax who now had Commission for the command of the North for the Parliament for upon Newcastle's coming over the Tees Sir Edward Loftus with all the Richmondshire Forces and Sir Henry Anderson with those of Cleveland about a thousand returned home to their houses so that the whole strength of the North is but one and twenty Companies of Foot and seven Troops of Horse and one Company of Dragoons That Captain Hotham is made Lieutenant General under Fairfax and the rest with Fairfax at Tadcaster but both of them joyned upon the coming of the Earl of Newcastle to Tadcaster where the several Forces encounter from eleven a clock till four in the evening in a sharp dispute the Earl had won part of the Town beaten Fairfax's men and placed some Companies in several houses which were forced back again to a Retreat and an hundred slain and seventeen Prisoners The Parliament party lost but six men they say and Captain Lister shot into the head and twenty more desperately wounded but not being able to sit it out for a second Encounter the Lord Fairfax quitted the Town and marched to Cawood and Selbie to receive Supplies dividing their Army into those places From Selbie Sir Thomas Fairfax is sent with five Companies and two Troops to Leeds but was forced back again That the
declaring the Kings Concessions to be a ground for settlement of a peace notwithstanding the visible defects of them in the Essentials concerning the liberties of the Kingdom c. And â—herefore desire that all such faithful Members who are innocent will protest against the said Votes by publick Declaration and the rest to be expelled the House that so the well-affected may proceed to set a short period to your own power to provide for a speedy succession of equal Representatives according to the Armies late Remonstrance But as we said the Parliament adjourning till this Munday 11. Decem. and not sitting that day neither the Army Dâ—clare a new Representative which they call an Agreement of the people for future Government of the Nation to be subscribed by all the people The Preamble whereof was in effect We having by our late labours made it appear at what rate we value our freedom and God owning our cause hath delivered our enemies into our hands we ought as bound in mutual duty to each other to avoid the danger of returning into a slavish condition and another chargeable war so that when our common rights shall be cleared their endeavours will be disappointed that seek to be our Masters Our troubles having been occasioned either by want of National meetings in Councel by the undue or unequal constitution thereâ—f or by rendring those meetings uneffectual And therefore we are agreed to provide that hereafter our Representatives be neither undertain for time nor unequally constituted nor be made useless to the end for which they are intended In order hereunto they declare That this Parliament be dissolved the last of April next The Representatives of the whole Nation to consist of three hundred persons The Manner of the eleâ—tion they propound 1. That the Electors be Natives such as have subscribed this agreement such as are assessed for the relief of the poor men of 21. years of age and House-keepers in that Division and for seven years no person that hath adhered to the King or shall oppose this agreement or not subscribe hereto shall have voice in Election 2. That after 14. years such persons may be elected that have voice in Elections and for the present none shall be Eligible who have not voluntarily assisted against the King either before June 1645. or in money Plate or Arms lâ—nt upon the Propositions May 1643. or have abetted the treasonable design in London 1647. or who declared for a Cessation of Arms with the Scots or ingaged in the last Summers Wars against the Parliament 3. That whoever is incapable by the former Rules and yet shall Vote in Elections or sit in Representative shall lose the moity of his Estate he having above 50. l. and if under then three moneths imprisonment And if any oppose the Elections then to lose his whole Estate or a years imprisonment if under 50. l. per an 4. That 150. Members at least shall make an Act of Law And these shall within twenty dayes after their first sitting appoint a Câ—uncil of State to continue untill the second Representative and the Council to Act as they shall direct by instructions 5. That no Officer of State Treasurer or Receiver while such shall be a Representative 6. No Lawyer shall practice whilst he is of any Representative or Council of State 7. That the Representative only without the consent of any other person shall Enact Alter Repeal and declare any Laws to the erecting and abolishing of Officers of Courts of Iustice but with these Exceptions following Not to compel tender Consciences in matters of Religion or Worship No person to be impressed to Serve in War by Land or Sea No person after the dissolution of this present Parliament shall be questioned concerning the late War otherwise then in execution or pursuance of the determination of the present House of Commons against such as have adhered to the King and also Accomptants for money That all manner of persons be subject to the publick Laws and such as have now priviledge shall be nulled and none priviledged hereafter That the Representatives meddle not with the execution of Laws not give Judgement upon any mans person That no Representative shall take away Common Right or Level mens Estates destroy proprieties or make all things common 8. That the Council of State in case of danger may summon a Representative for a Session of fourty daies and to dissolve two moneths before the next appointed Representative 9. The publick faith of the Nation shall be made good save that the next Representative may continue or Null all gifts of money made by the present House of Commâ—ns to themselves or any Lords 10. If any Officer or Leader in any Army or Garrison shall resist the Orders of any Representative shall forthwith lose the protection of the Law and dye without mercy The House moulded as others would have it yet many of the Members could not digest the Choake-paer Proposals Declaration Engagement Agreements but somewhat must be done they debate that point of Proposal of the eleven Members formerly put out and since re-admitted and to please the Army Vote and un-vote and conclude of these Votes now That the Votes of 3. Jan. 1647. for revoking the Order of 9. Septem 1647. for disabling Com. Copley to be a Member is of dangerous consequence and is hereby repealed That the receiving the other ten Members was unparliamentary and is therefore Null That the Vote of 30. June 1648. for the opening away to the Treaty with the King be Null That the Vote of 3. of Jan. 1647 forbidding all address to the King to be taken off was aparantly destructive to the Kingdom Divers of the proscribed Members were made Prisoners as Brown Clotworthy Waller Massey Copley to St. Jame's And now both Houses Vote no Address to be made to the King nor Message from him upon pain of Treason And that the Vote of 28 July to Treat with the â—ing was destructive to the Kingdom The King in a very sad condition by his stricter imprisonment in Hurst Castle and hearing of these Votes prepares his Solâ—loquies for comfort in death meditating thereon in these words As I have leasure enough saies the King so I have cause more then enough to meditate upon and prepare for my death for I know there are but a few steps between the Prisons and the Graves of Princes It is Gods indulgence which gives me the space but mans cruelty that gives me the sad occasions for these thoughts For besides the common but then of mortality which lies upon me as a man I now bear the heavy load of other mens ambitions fears jealousies and cruel passions whose envy or enmity against me maâ—es their own lives seem dâ—adly to them while I enjoy any part of mine I thank God my prosperity made me not wholly a stranger to the contemplations of mortality Those are never unseasonable since this is alwaies uncertain death being