former Reader Important reasons no doubt for a Rebellion yet it somewhat appeased the multitudes rage and gave opportunity for some of the chief Officers to endeavour to raise the siege against the poor Bishop of Galloway and Lords at the Councel and to passe thorow the rude company who cryed out God defend all such as defend the Cause and confound the Service-Book and the maintainers of it In this outrage Trahair trodâ—n down under foot almost to death the City Officers were sent to sundry Lords privately assembled on behalf of the common Cause against the Service-Book who resenting the present danger of destruction to all guarded those out of the Councel chamber through the croud to their several Lodgings and amongst those Ring-leaders who more busie then two of the Bayliffs that subscribed these former Letters to the Arch-Bishop of Canterbury Somewhat calmed That afternoon was Proclaimed this their seditious Insurrection for all persons to disband their convention and to keep the peace upon the highest pain to offenders But to little effect for now the Citizens send Commissioners to the Councel Table to expostulate and require satisfaction and performance of the Paper promised upon the Pacification And thus began their new Religious and glorious Reformation which they say God hath so miraculously prospered The first acted as we have heard in the Church The second in the streets of the chief City upon the persons of the most eminent of Birth and Authority by the very pattern of Geneva their Mother Discipline And by this rascal example the third Insurrection becomes countenanced by others and at last Acted and drawn into the form of two Petitions to the Chancellor The first from the common rowt of gathering hands of Men Women and Children The other brings up the Rear to the Councel In the Name of the Noblemen Gentry Ministers and Burgesses And both of them against the Service-Book and Canons of the Church To my Lord Chancellor Wee Men Women and Children c. urged with this Book of Service and having considered the same c. childrens consideration c. To the Secret Councel Complaining That the Arch-Bishop and Bishops have drawn Two Books the One of Prayers centaining the seeds of several superstitions Idolatry and false doctrine The Other of Canons against such as oppose that Book on pain of Excommunication And a hundred Canons more say they tending to superstition and errours which we must i the obey or break our Covenant with God or be Horned for Rebels These Petitions were Poasted to the King who rather expected submission and for pardon of the former Insurrections and therefore delayed any answer but caused the Councels Proclamation there to satisfie the subjects of the Kings aversnesse from Popery which was pretended in all their Pulpits to make him odious in their intentions And Rixburgh Lord Pivâ— Seal being come to Court to tell the Newes was returned back with Instructions to the Councel who sat at Dalkieth near Edinburgh lest by a further distance the Rebellion might take boldnesse to increase And they removed the Session or Term from Lithgow to Sterling a place of strength twenty four miles from Edinburgh And Trahair also coming to the King was soon returned also with further Instructions and all the Councel being met proclamed the dispersion of the Multitude got together And now indeed the confederate Lords and others did the same thing which formerly they called the Uproars of Rascalls Themselves avowing the first affront to the King his Authority and Laws The Earl of Hume and the Lord Lindsey being assisted with numbers of all Ranks made Protestation against the Proclamations at Sterling and after at Lithgow and last at Edenburgh And the Kings Hearlds with their Coats of Arms forced to stay and hear the Protestation in scorn of all Authority In which Protestation of theirs may be observed their Insolent demands in humble terms protesting against All Acts to be done in Councel where the Bishops shall be present Their Protestation against them making them parties that they may not be Iudges and so they must be forthwith removed and then afterwards accused Condemn first and try them after And comparing these demands now with such other succeeding you will finde that a nearer in likelihood of the Kings Concession the farther they fly to Capitulations intolerable And now begins that most unnatural causelesse and horrible Rebellion that former times or I hope after ages will paralel But somewhat more must be said to discover the temper of such of the Nobility actors herein The Earl of Trahair by his subtile insinuations and seeming affections to the Church crept into close friendship with Laud Arch Bishop of Canterbury and by his means advanced to be Lord Treasurer of Scotland by the resignation of the Earl of Morton for a sum of money from the King and the command of the Kings Yeomen of the Guard resigned to Morton by the Earl of Holland who was then made Groom of the stool Trahair thus setled into favour and power professed his obligations to the Arch Bishop calling him Patron the better to deceive him who in truth raised him up thereby to be a more able Instrument and as he thought him willing for the service of the Church and setling the Service Book and Book of Canons than the Scottish Bishops themselves could be But the very day before that the Book was to be read Trahair with others of the Privy Councel there accessary with him withdrew to Dalk-house seven miles from Edinburgh to expect the event at that distance and though the story is truly set down by the Kings grand Declaration and with much favour to Hamilton Roxburgh and Trahair whose treacheries were shadowed in those actions and in that time even from the King himself and all others until of late discovered by the event See page 124. grand Declaration But most strange it is that not any one of them nor their complices nor of the Councel should prove so honest or loyal to their Soveraign that had deserved well from them all as to give the least Intelligence to the King from thence to have set him in the right way of preventing their treachery And yet 't is true that the honâ—st Earl of Nidsdale Sr. Robert Spotswood and some of the Bishops posted hither to Court Informing the King of their strong combination which might have been then dissipated but Hamiltons and Roxburghs power and Interest put them by for upon the first tumult 23. Iuly the King sends Roxburgh to discover and examine the setters on of the common people who returns with assurance that not any person of quality had been abetters all the Officers and Ministers of Justice very dutifull and earnest to suppresse them and to prevent the future which soon after proved the contrary when it was too late to discover the mischief And indeed the Arch Bishops direction failed hereafter in not discovering the subtilty
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
Proofs and therefore to avoid more Mistakes that it be resolved whether his Majestie be bound in respect of Privileges to proceed by Impeachment in Parliament or be at libertie to proffer an Inditement at the Common Law or to have his choice in either thereupon he will speedily give Direction to proceed to the business Jan. 24. The Attourney General in fear to be grinded between these Disputes and finding his the hardest bargain supplicates the King for his Authority to take him off which he did by his Letter to the Lord Keeper from Roiston the fourth of March. Certifying That the third of January last he did deliver to the Attourney General certain Articles of Accusation ingrossed in Paper the Câ—pie being inclosed and commanded him to acquaint the house of Peers That divers great and treasonable Designs against Us and the State had come to the Kings knowledg of which he was commanded to accuse those six Persons of high Treason by delivering the Paper to them and to desire to have it read and that a Committee of Lords might examine such Witnesses as the King would produce and they to be under a command of secrecie and for the King to add or alter if there be cause And declares the Attourney General clear as to his Answer And had he refused the Kings command herein he would have questioned him for Breach of Oath Dutie and Trust to which he was obliged This as to the truth and the Attourneys defence but being weary of the business and finding no relief to be expected nor leave to proceed in his way against them he adds a clause to the Letter But having declared that we finde cause wholly to desist from proceeding against the Persons accused we have commanded our Attourney General to proceed no further there nor to produce nor discover any Proof concerning the same And so this Breach between the King and Parliament was stitched up but the Seam not well sewed the Rent grew the wider and either party more nicely concerning Prerogative and Privileges And because this Action of the Kings was often taken up as a Breach of Privilege unpardonable we may examine the Kings Reasons from his own Relation in his Eikon Basilike cap. 3. My going to the House of Commons says the King to demand Iustice upon the five Members was an act which mine Enemies loaded with all the obloquies and exasperations they could I filled indifferent men with great Iealousies and Fears yea and manie of my Friends resented it as a motion rising rather from Passion than from Reason and not guided with such Discretion as the touchiness of those Times required But these men knew not the just Motives and pregnant Grounds with which I thought my self so furnished that there needed nothing to such Evidence as I could have produced against those I charged save onely a free and legal Trial which was all I desired Nor had I anie temptation of Displeasure or Revenge against those mens Persons further than I had discovered those as I thought unlawfull correspondencies they had used and engagements they had made to embroil my Kingdoms of all which I missed but little to have produced Writings under some mens own hands who were the chief Contrivers of the following Innovations Providence would not have it so yet I wanted not such Probabilitie as were sufficient to raise Iealousies in anie Kings heart who is not wholly stupid and neglective of the publick Peace which to preserve by calling in question half a Dozen men in a fair and legal way which God knows was all my Design could have amounted to no worse effect had it succeeded than either to do me and my Kingdoms right in case they had been found guiltie or else to have cleared their Innocencie and removed my suspition which as they were not raised out of any malice so neither were they in Reason to be smothered What Flames of Discontent this spark though I sought by all speedie and possible means to quench it soon kindled all the World is witness The aspersion which some men cast upon that Action as if I had designed by force to assault the House of Commons and invade their Privilege is so false that as God best knows I had no such intent so none that attended could justly gather from anie thing I then said or did the least intimation of anie such thoughts That I went attended with some Gentlemen as it was no unwonted thing for the Majestie and safetie of a King so to be attended especially in discontented times so were my Followers at that time short of mine ordinarie Guard and no waie proportionable to hazzard a tumultuarie Conflict Nor were they more scared at my coming than I was unassured of not having some Affronts cast upon me if I had none with me to preserve a reverence to me for many people had at that time learned to think those hard thoughts which they have since abundantly vented against me both by Words and Deeds The Sum of that Business was this Those men and their Adherents were then looked upon by the affrighted Vulgar as greater Protectours of their Laws and Liberties than my self and worthier of their protection I leave them to God and their own Consciences who if guiltie of evil machinations no present impunitie or popular vindications of them will be subterfuge sufficient to rescue them from those exact Tribunals To which in the obstructions of Iustice among men we must religiously appeal as being an Argument to us Christians of that after-unavoidable Iudgment which shall rejudg what among men is but corruptly decided or not at all I endeavoured to have prevented if God had seen sit those future Commotions which I fore-saw would in all likelihood follow some mens activitie if not restrained and so now hath done to the undoing of many thousands the more is the pitie But to over-aw the freedom of the Houses or to weaken their just Authoritie by anie violent impressions upon them was not at all my Design I thought I had so much Iustice and Reason on my side as should not have needed so rough assistance and I was resolved rather to bear the Repulse with patience than to use such hazzardous Extremities The King evermore very sensible of the necessity of State proposeth unto them to consider of all those particulars necessary for his Majesties just Right and regal Authority and for settling of his Revenue And as for the settlement of their Privileges free enjoyment of their Estates the liberties of their persons the security of Religion and the settling of Ceremonies in the Church as may take away all just offence which when they shall have digested it shall then appear what his Majesty shall do protesting his innocency from intending any Design to cause their Fears or Jealousies and how ready he will be to exceed the greatest Examples of the most indulgent Princes to their People and calls Heaven and Earth God and Man to
an Accommodation and states the case to the Lords The King offers says he to concur with the Parliament in the setling of our Liberties is willing to hearken unto all our Propositions and for establishing the Protestant Religion he moves us to it That the Rule of his Government shall be the Laws of the Kingdom and offers a more large and general Pardon than by any his Predecessours And truly my Lords this is all that ever was pretended unto by us We on the other side profess to make his Majestie a glorious King to endeavour to support his Dignitie and to pay unto him dutie and obedience which we by our Allegeance several Oaths and late Protestation ow unto him and to maintain all his just Regalities and Prerogatives which may be conceived is as much as his Majestie will expect from us What then is wanting to give to either mutual satisfaction The greatest difficultie may be how that which shall be agreed upon may be secured It is commonly the last point in Treaties betwixt Princes and of the greatest niceness much more between a King and his Subjects the chiefest difficultie of Accommodation for it is much easier to compose Differences arising from Reasons yea from wrongs than it is to satisfie Iealousies which arising out of diffidence and distrust grow and are varied upon every occasion nay already increased to that height and the mutual replies to those direct terms of opposition that if we make not a present stop it is to be feared speedily to pass beyond verbal contestation In some Answers it is spoken as in fear of a Civil War a word of horrour to such as have seen those unexpressible calamities witness Germany the most flourishing Countrey in Europe now reduced to monstrous miserie Of which we had lately a costly Example for in these unhappy troubles betwixt us and Scotland after there was a stop from acts of hostilitie a desire of peace and the Articles propounded yet the keeping of those Armies whilest the Treatie was on foot at Rippon and after at London cost this Kingdom no less than a million of pounds Then he proposes the way A select Committee of Parliament truly to state the matters in difference with the most probable ways of reconciling them Secondly to descend into the particulars which may be expected either in point of supporting the King or relieving his people And lastly how these conditions agreed upon may be secured Then he sums up the present unhappy estate which needs relief and remedy The deplorable estate of Ireland the Debts and Necessities of the Crown the Distractions likely to produce Confusion of Religion most dangerous and destructive to a State Besides those publick Calamities to consider the distracted condition of every one of us under the different commands of the King and of the Parliament no caution can promise any safetie inconsistent to obedience The Parliament command all persons to obey their Ordinance as the Fundamental Laws The King declares it to be contrary and commands us upon our Allegeance not to obey it and unto contrary commands Conformitie cannot be submitted but by Fasting and Prayer to reduce both parties to Reason But for what was done at York in reference to a Guard of Horse for the Kings person the Parliament vote as a preparation for War against the Parliament a Breach of the Trust reposed in him by his people contrary to his Oath and tending to the dissolution of his Government and all such as serve him there are Traitours to the Laws of the Kingdom 11 Rich. 2. 1 H. 4. Then comes out another larger Declaration or third Remonstrance of all the Kings mis-actions wherein for themselves they allege these following as infallible Positions 1. That they have an absolute power of declaring the Law and that whatsoever they declare to be so ought not to be questioned by the King or any Subject So then in consequence all right and safety of the King and his people must depend upon their pleasure 2. That no Presidents can be Limits to bound their proceedings Then may they do what they please 3. That a Parliament may dispose of any thing wherein the King or Subject hath a Right for the publick good That they without the King are this Parliament and Iudg of this publick good and that his consent is not necessary Then the Life and Liberties of the Subject and all the good Laws made for the security of them may be disposed of and repealed by the major part of both Houses at any time present and by any ways or means procured so to be and the King hath no power to protect the people 4. That no Member of either House ought to be troubled or meddled with for Treason Felonie or any other Crime without the cause first brought before the Parliament that they may judg of the Fact and their leave obtained to proceed 5. That the sovereign power resides in both Houses and that the King hath no Negative Voice Then the King must be subject to their commands 6. That the levying of Forces against the personal commands of the King though accompanied with his presence is not levying War against the King But the levying of War against his Laws and Authority which they have power onely to declare and signifie though not against his person is levying of War against the King 7. That Treason cannot be committed against his person otherwise than as he is intrusted with the Kingdom and discharging that trust and that they have a power to judg whether he have discharged this trust or no. 8. That they may dispose of the King when they will and are not to blame for so doing Certainly the Duke of Venice is of more power than such a Monarch But as large as that was it was not long ere the King returns his Answer to this Book and we may be excused for the length thereof which necessarily is required to their particulars And to which I must refer the Reader being on both parts as much and no more than the Reader may finde in the daily Transactions observed in this History heretofore set down and which hereafter follow But to this Answer of the King we meet with no Reply untill the second of November next following which the Authour styles A Treatise or rather a Tome and that he doubts not but he shall therein give ample satisfaction to the Reader By which we suspect it Apocrypha To which the King never vouchsafed any Rejoinder But the Parliament in reference to their power and authority ordain That all High Sheriffs Iustices c. within an hundred and fifty miles of the Citie of York to make stay of all Arms and Ammunition carrying to York and the persons so conveying to be apprehended c. Another also they ordain That all Sheriffs within the Kingdom of England and the Dominion of Wales shall by the power of the Counties suppress all Forces of Horse and
a fourth part of the Members of either House whose judgments free single and apart did approve or desire such destructive changes in the Government of the Church I am perswaded there remains in far the major part of both Houses if free and full so much Learning Reason Religion and just Moderation as to know how to sever between the use and the abuse of things the institution and the corruption the Government and the mis-government the primitive paterns and the aberrations or blottings of after copies Sure they could not all upon so little or no Reason as yet produced to the contrarie so soon renounce all regard to the Laws in force to Antiquitie to the pietie of their reforming progenitours to the prosperitie of former times in this Church and State under the present Government of the Church Yet by a strange fatalitie these men suffer either by their absence or silence or negligence or supine credulitie believing that all is Gold which is gilded with the shews of Zeal and Reformation their private dissenting in Iudgment to be drawn into the common Sewer or stream of the present Vogue and humour which hath its chief rise and abetment from those popular clamours and Tumults which served to give life and strength to the infinite activitie of those men who studied with all diligence and policie to improve to their innovating Designs the present Distractions Such Armies of Propositions having so little in my judgment of Reason Iustice and Religion on their side as they had Tumult and Faction for their rise must not go alone but ever be back and seconded with Armies of Souldiers though the second should prevail against my person yet the first shall never over-come me further than I see cause for I look not at the number and power so much as I weigh their Reason and Iustice. Had the two Houses first sued out their Liverie and once effectually redeemed themselves from the Wardship of the Tumults which can be no other than the Hounds that attend the Crie and Hollow of those men who hunt after Factions and private Designs to the râ—ine of Church and State Did my judgment tell me that the Propositions sent to me were Results of the major part of their Votes who exercise their freedom as well as they have a Right to sit in Parliament I should then suspect mine own judgment for not speedily and fully concurring with every one of them For I have charitie enough to think there are wise men among them and humilitie to think that as in some things I may want so 't is fit I should use their advice which is the end for which I called them to a Parliament But yet I cannot allow their wisdom such a compleatness and inerrabilitie as to exclude my self since none of them hath that part to act that Trust to discharge nor that Estate and Honour to preserve as my self without whose Reason concurrent with theirs as the Sun's influence is necessarie in all Natures productions they cannot beget or bring forth any one compleat and authoritative Act of publick wisdom which makes the Laws But the unreasonableness of some Propositions not more evident to me than this is that they are not the joint and free desires of those in their major number who are of right to sit and vote in Parliament For many of them savour very strong of that old Leaven of Innovations masked under the name of Reformation which in my two last famous Predecessour's daies heaved at and sometimes threatned both Prince and Parliament But I am sure was never wont so far to infect the whole mass of the Nobilitie aâ—d Gentrie of this Kingdom however it dispersed among the Vulgar nor was it likely so suddenly to taint the major part of both Houses as that they should unanimously desire and affect so enormous and dangerous Innovations in Church and State contrarie to their former education practice and judgment Not that I am ignorant how the choice of many Members was carried by much faction in the Countreys some thirsting after nothing more than a passionate revenge of what ever displeasure they had conceived against me my Court or the Clergie But all Reason bids me impute these sudden and vast desires of change to those few who armed themselves with the many-headed and many-handed Tumults No less doth Reason Honour and Safetie both of Church and State command me to chew such morsels before I let them down If the straitness of my Conscience will give me leave to swallow down such Camels of Sacrilege and Injustice both to God and man as others do they have no more cause to quarrel with me than for this that my throat is not so wide as theirs yet by Gods help I am resolved that nothing of passâ—on or peevishness or list to contradict or vanitie to shew my Negative power shall have any byass upon my judgment to make me gratifie my will by denying any thing which my Reason and Conscience commands me not Nor on the other side will I consent to more than Reason Iustice Honour and Religion perswade me to be for God's glorie the Churches good my peoples welfare and mine own peace I will studie to satisfie my Parliament and my people but I will never for fear or flatterie gratifie any Faction how potent soever for this were to nourish the Disease and oppress the bodie Although many mens loyaltie and prudence are terrified from giving me that free and faithfull counsel which they are able and willing to impart and I may want yet none can hinder me from craving of the couâ—sel of that mightie Counsellour who can both suggest what is best and incline my heart stedfastly to follow it It is now by these Propositions laid open to all men that the Cabalists of their business have with great cunning reserved themselves untill due preparations should be fitted for their grand Design to quarrel with the King for they having removed a troublesom Rub in their way the Law that they might undermine the very foundation of it a new power had been assumed to interpret and declare Laws by extemporary Votes without any case judicially before them and without the King Orders and Ordinances pressing upon the peoples as Laws The next step an upstart Authority without the King to command the Militia the Magazine and Town of Hull and bestrid Hotham in his bold-faced Treason with unpresident Invectives against the Government with false Aspersions of His favouring a Rebellion in Ireland that the King ought to pasâ— all Laws offered by them to him however his Conscience shall be unsatisfied notwithstanding the clause in Law 2 H. 5. They do acknowledg there That it is of the Kings Regalitie to grant or denie such of their Petitions as pleaseth himself That the King's Guard is with intent to levie War against the Parliament to render him odious to the people They have so awed his good Subjects with censures and imprisonments that none
verdure and fertilitie in the Medows on both sides and then over-flowing of either on either side raised no Deluge or Inundation The ill of absolute Monarchy is Tyranny the ill of Aristocracie is Faction and Division the ills of Democracy are Tumults Violence and Licenciousness The good of Monarchy is the uniting a Nation under one Head to resist Invasion from abroad and Insurrection at home The good of Aristocracy is the conjunction of Councils in the ablest persons of a State for the publick benefit The good of Democracy is Libertie and the courage and industrie which Libertie begets In this Kingdom the Laws are joyntly made by a King by a House of Peers and by a House of Commons chosen by the people all having free Votes and particular privileges the Government of these Laws are intrusted to the King power of Treaties of war and peace of making Peers of chusing Officers and Counsellours of State Iudges for Law Commanders for Forts and Castles giving Commissions for raising men to make war abroad or to prevent or provide against Invasions or Insurrections at home benefit of Confiscations power of pardoning and some more of the like kinde are placed in the King And this kinde of regulated Monarchie having the power to preserve that Authoritie without which it would be disabled to preserve the Laws in their force and the Subjects in their Liberties is intended to draw to him such a respect and relation from the great ones as may hinder the ills of Division and Faction and such a fear and reverence from the people as may hinder tumults violence and licentiousness Again that the Prince may not make use of this high and perpetual power to the hurt of those for whose good he hath it and make use of the name of publick necessitie for the gain of his private Favourites and Followers the House of Commons an excellent Conserver of Libertie but never intended for any share in the Government or the chusing of them that should govern is soly intrusted with the first Propositions concerning the Levies of Moneys the sinews of peace and war and the impeaching of those who for their own ends have violated that Law which he is bound to protect and to the protection of which they were bound to advise him And the Lords being trusted with a judicature power are an excellent Skreen or Bank between the Prince and people to assist each against the incroachments of the other and by just judgment to preserve that Law which ought to be the Rule of every one of the Three For the better enabling in this beyond the Example of any of our Ancestours we were willingly contented to oblige our self both to call a Parliament every three years and not to dissolve it in fiftie daies and for the present exigent the better to raise money and to avoid the pressure our people must have suffered by a long continuance of so vast a charge as two great Armies and for the greater certaintie of having sufficient time to remedie the inconveniences arisen during so long absence of Parliaments we yielded up our Right of dissolving this Parliament expecting an extraordinarie moderation from it for so unexampled a grace and little looking that any Malignant party should have been encouraged or enabled to perswade them first to countenance the indignities and injustice we have endured and then by a new way of satisfaction for what was taken from us to demand of us at once to confirm what was so taken and â—o give up almost all the rest And so concludes Since therefore the legal power in Parliament is more than sufficient to restrain the power of Tyrannie and without the power asked from us we shall not be able to discharge that Trust which is the end of Monarchy and so a total subversion of Laws and that excellent constitution of this Kingdom famous and happie to a great degree of envie Since to the power of punishing which you have if the power of preferring be added we shall have nothing left for us but to look on Since the incroaching of one of these Estates upon the power of the other is unhappie in the effects to all Since this joint Government in us with our Guardian Counsellours would return us despicable at home and abroad Since so new a power will beget Divisions among them as Equals and contempt of us as become an Equal to them and so insolence towards our people so much their Inferiours Since all great changes are extremely inconvenient and beget yet greater changes which beget yet greater Inconveniences Since as great a change in the Church must follow this of the Kingdom Since the second Estate would follow the fate of the first and the like Propositions would be then sent to them as they now have joined to send to us till at last the common people flattered into licentious wilde humours discover this Arcanum Imperii that all this was done by them but not for them grow wearie of Iourney-work set up for themselves and call Paritie and Indepencie Liberty devour that Estate which had devoured the rest destroy all Rights Proprieties Distinctions of Families and Merit and by this means the splendid and excellently distinguished Form of Government end in a dark equal Chaos of confusion and the long Line of our many noble Ancestours fall into a Jack Cade or a Wat Tyler For all these Reasons Nolumus Leges Angliae mutari But we promise to be carefull of preserving the Laws as concerning â—s those of obedience not secure when these of protection are violated And will search in this heap of unreasonable Demands for so much as we may assent unto In pursuance of which we finde in the fourth Proposition which would take from us all the Trust we have something to which we answer That we have committed the principal places about our Children to persons of qualitie and pietie with regard to their principles of Religion if otherwise against whom the Parliament shall justly except we shall remove them if there be no under-hand dealing to seek faults to succeed in their places For the fifth Demand we will not suffer any share with us in the power of Treaties most improper for Parliaments yet we shall never propose any Treatie of Mariage for any of our Children without regard to Religion the good of the Kingdom and the honour of our Familie Concerning the Laws in force against Jesuits c. As we have by many Messages satisfied you and by our Proclamations assured that we will never pardon any popish Priest sufficiently expressing in many cases of late our zeal herein If you can finde any more effectual course we shall give our consent Concerning the Votes of popish Lords they in discretion have forborn to sit and we are content so long as they are not conformable to the Doctrine of the Church of England they shall not be admitted to sit but onely to give Proxies to Protestant Peers And
favour and grace by many Acts they would devise their Reasons of fear That he meant never to observe them To others that were deterred to consider the effects of abusing so gracious a Sovereign they would perswade them That those about the King could work him to their wills Then they get all the Militia and power of the Kingdom into their hands garison Hull and Hotham their Governour there and the Tower of London brought under subjection of one of their own and so with continual vexations caused the King to withdraw his person and to secure the Queen to pass beyond the Seas and himself to retire towards the North. What hath happened since his coming to York is so notorious as with amazement to all parts of Christendom to see the wisdom courage affection and loyalty of the English Nation so far shrunk and confounded by malice cunning industry of persons contemptible in number inconsiderable in fortune and reputation united onely by guilt and conspiracy against the King Treason licensed in Pulpits persons ignorant in learning seditious in disposition scandalous in life unconformable to Laws are the onely men recommended to authority and poweâ— to impoison the mindes of the multitude The Kings goods money and what not seized from him and to make the scorn compleat he must be perswaded That all is done for his good Opinions and Resolutions imposed upon him by Votes and Declarations That the King intends to levie war and then Arms are taken up to destroy him All Actions of his for his advantage are straightway voted illegal All the great Officers of State coming to the King are pursued with Warrants to all Mayors Justices Sheriffs and others to apprehend them compelling the Countries to take Arms against the King His Ships are taken from him and the Earl of Warwick made Admiral in despite of the King And after all this Mr. Martin should say That the Kings Office is forfeitable and the happiness of the Kingdom does not depend on him or any of the regal Branches of that stock And Sir Henry Ludlow should say That the King was not worthy to be King of England and that he hath no Negative Voice that he is fairly dealt with that he is not deposed that if they did that there would be neither want of modestie or dutie in them They publish scandalous Declarations commit his great Officers for doing their duties Raise an Army and chuse the Earl of Essex General with power to kill and slay whom he list They convert the Money given by Act of Parliament for the Discharge of the Kingdoms Debts and for Relief of Ireland and all to serve their turn to war against the King Commit those Lords that are loyal degrade nine Lords at a clap for coming to the King Take Tunnage and Poundage without the Kings consent But can the Nobility Gentry Clergy and Commonalty of England sacrifice their Honour Interest Religion Liberty to the meer sound of a Parliament and Privilege Can their experience Reason and Understanding be captivated by words And then he sums up many of his graces favours freedoms to them and the people And yet into what a Sea of Bloud is the Rage and Fury of these men lanching out to wâ—est that from him which he is bound to defend How have the Laws of Hospitality civility been violated discourses whispers in conversation been examined and persons committed and so kept during pleasure His and the Queens Letters broken open read publickly and commented upon that Christendom abhors to correspond with us Crimes are pretended against some men and they removed for others to be preferred If Monopolies have been granted to the prejudice of the people the calamity will not be less if it be exercised by a good Lord by a Bill now then it was before by a Patent And yet the Earl of Warwick thinks fit to require the Letter Office to be confirmed to him for three Lives at the same time that it is complained of as a Monopoly and without the alteration of any circumstance for the ease of the Subject and this with so much greediness and authority that whilest it was complained of as a Monopoly he procured an Assignment to be made of it to him from the person complained of after he had by his interest stopped the proceedings of the Committee for five Moneths before the Assignment made to him upon pretence that he was concerned in it and desired to be heard And the King concludes all with this Protestation That his quarrel is not against the Parliament but against particular men who first made the wounds and will not suffer them to be cured whom he names and will be ready to prove them guiltie of high Treason And desires that the Lord Kimbolton Mr. Hollis Mr. Pym Mr. Hambden Sir Arthur Haselrig Mr. Strode Mr. Martin Sir Henry Ludlow Ald. Pennington and Capt. Ven may be delivered up to the hands of justice to be tried according to the Laws of the Land Against the Earl of Warwick the Earl of Essex Earl of Stamford Lord Brook Sir John Hotham Major General Skippon and those who shall henceforth exercise the Militia by virtue of the Ordinance he shall cause Indictments of high Treason upon the Statute of 25 Edw. 3. Let them submit to their Trial appointed by Law and plead their Ordinances if they shall be acquitted he hath done And that all his loving Subjects may know that nothing but the preservation of the true Protestant Religion invaded by Brownism Anabaptism and Libertinism the safetie of our person threatned and conspired against by Rebellion and Treason the Law of the Land and Libertie of the Subject oppressed and almost destroyed by an usurped unlimited arbitrarie power and the freedom privilege and dignitie of Parliament awed and insulted upon by force and Tumults could make us put off our long-loved Robe of peace and take up defensive Arms. He once more offers pardon to all those that will desire the same except the persons before named if not he must look upon these Actions as a Rebellion against him and the Law who endeavour to destroy him and his people August 12. 1642. The Parliament had passed an Act for raising of four hundred thousand pounds by Overtures of Adventurers and Contributions and Loans for Relief of Irelaâ—d and Money and Plate was thereafter very heartily brought in to the Parliament when upon the thirtieth of Iuly the vote That the Treasurers appointed to receive the money already come in upon Subscriptions for Ireland do forthwith furnish by way of Loan unto the Committee for defence of the Kingdom one hundred thousand pounds for the supplie of the publick necessitie and defence of this Kingdom upon the Publick Faith Of which the King remembers them and of the Act of Parliament That no part of that money shall be imployed to any other purpose than the reducing of those Rebells And therefore charges the House of Commons as they will answer the
testimony thereof if it shall please you to expresse it to us wherein we may be useful to the States our honoured neighbours and Predecessors in the like sufferings Sir Iohn Winter was up again and obtains from Prince Rupert two thousand Horse and fifteen hundred Foot and so manages his business as drawes all Glocester Forces upon him marching to Westbury quartering within a mile of Winter but then Massie not able to do much against six thousand Horse and Foot drove after the rear of their march and attending their motion with petty Forces of fifteen hundred Horse and Foot and some Forces from Northampton and Warwick was got to Lidbury whither came a part of the Army within half a mile of the Town to surprize or summon it Massie commands his Horse to mount and marches off the Foot that the Cavaliers right or left wing might not get before him which they endeavoured by sending one party to the Towns end to keep him play whilest two other parties fetched a compass on either hand but Massie was enforced to entertain the other with several changes Here was Backhouse mortally wounded Massie's Horse shot under him but Prince Rupert plyed him so close that Massie drawes off retreats and then flies a sore day to Massie being in the instant of surprize but escaped Here the Prince being to form sufficient powers summons the County to this Protestation as the Parliament had done in the like President That they believe no power of Pope or Parliament can depose the King and absolve them from their natural obedience to his royal person and Successors that the two Houses of Parliament without the Kings consent have no power to make lawes or to binde or oblige the Subjects by their Ordinances that they believe the Earls of Essex and Manchester Sir Thomas Fairfax and Sir William Waller together with all such as have already or shall hereafter take up Arms by Authoritie or Commission from the Members of Parliament at Westminster pretending to fight for King and Parliament doe thereby become actual Rebels and as such ought with all their adherents and partakers to be presented and brought to condigne punishment That they will never bear Arms in their quarrel but will if they be thereto called assist their Sovereign and his Armies in the defence of his Royal person Crown and Dignity against all contrary Forces to the utmost of their skil and power and with the hazard of their Lives and Fortunes That they will not discover the secrets of his Majesties Armie unto the Rebels nor hold any correspondence with them and all designs of theirs against the Kings Armie for the surprizing or delivering up of the Cities of Hereford or Worcester or any other of his Majesties Forts they shall truly discover unto those whom it shall concern so soon as it comes to their knowledge That his Majesties taking up of Arms for the causes by himself so often declared in Print is justly necessary That they shall endeavour all they can to hinder popular Tumults Risings Rendezvouz Meetings Confederacies and Associations of the people Townes Hundreds and Counties which are not warranted to Assemble by his Majesties express Commissions and in the sence he means it and that they detest from their hearts the seditious and traiterous late invented National Covenant and protest never to take it All these particulars to vow and protest sincerely to observe without Equivocation or mental Reservation This was conceived by the people very just and reasonable for it was a Riddle to the meanest understanding for the King to fight against those that pretended to fight for him This Protestation therefore taught them how to distinguish that the Parliament borrowed the Kings name to amaze the people Prince Ruperts Army the main rest of the Kings affairs draining Garisons and taking in to him the lesser Brigades Colonel Goring's Brigade passed from Bristol over Severn to the Prince at Hereford And now Rupert drawes thence the Infantry and Artillery lay between Worcester and Bewdly commanded by Sir Iacob Ashly whilest Rupert and Maurice with the Horse and some select Foot fetcht off the King from Oxford assisted also with Goring's Horse and Dragoons who left his Majesty at Stow and marched back over the Hills into the West through the Glocester-shire Borders Glocester association in much want received three hundred and fourty Auxiliaries in two Troops from the Grand Garison Newport Paynel out of Buckingham-shire and with all thâ—se and their own were hardly able to keep their Counties from daily distresses surprizal and imprisonments Sir Iohn Winter having with much resolution and providence maintained his House Lidney a Garison against several assaults of his Adversaries and now called away to publick service into the body of the Army and not willing to leave his House a prey to his Enemies advantage deserted and fired it having weakened his adverse party round about and left them nothing to live upon naked and ruined And now comes a larger supply of Horse to Glocester from the remainder of Colonel Beke and Dalby's Regiments commanded by Major Baller and so was enabled for some enterprize Evesham had much distressed VVorcester hindering the Parliaments Committee for establishing that County Massie therefore drew forth before it with five hundred Foot from Glocester and two hundred from VVarwick who belonged to the VVorcester Committee with a strong able Brigade of Horse and summoned Colonel William Leg Governour of Evesham to make a speedy surrender of the Garison with all Persons Arms Ammunition and Provision which he there held against the King and Parliament and the Iustice of them both Or upon the refusal to expect such Iustice as Fire and Sword would inflict To which he received this Answer You are hereby answered in the name of His Majesty that this Garison intrusted to me I will defend so long as I can with the Men Arms and Ammunition therein being nothing terrified with your pittifull summons perceiving that you are a stranger and slenderly acquainted with our strength and resolution not admitting any further Treaty but you to do your worst The Assault was to be made upon each part of the Town VVorcester side was to be stormed in five places and one place of the Bridge on the other side of the River The commanded parties of the Foot were lead on by the several Captaines and seconded by the Horse divided into three Bodies After the disposition of the Design and the night spent in Alarms the signal was given a little after break of day when Horse and Foot fell on both together in a furious assault broke up the Pallasadoes filled the Grafts with Fagots made sundry passages recovered the works and stood firm on the Parapet whilest the Musquetiers from within played furiously on the Assaylants The Foot having recovered the shelter of the Ditch beat off them within got up by Scaling Ladders stood upon the breast Works and some entered but were bravely
be utterly against the Libertie of their King what they demand for their own Consciences they cannot in reason denie to mine In this they seem more ingenious then the Presbyterian rigor who sometimes complaining of exacting their conformitie to Laws are become the greatest Exactors of other mens submission to their novel injunctions before they are stamped with the Authority of Laws which they cannot well have without my consent 'T is a great argument that the Independents think themselves manumitted from their Rival's service in that they carry on a business of such consequence as the assuming my person into the Armies custodie without any Commission but that of their own will and power Such as will thus adventure on a King must not be thought over-modest or timorous to carry on any design they have a minde to The next motion menace's and scares both the two Houses and the City which soon after acting over again that former part of Tumultuarie motions never questioned punished or repented of must now suffer for both and see their former sin in the glass of the present terrors and distractions No man is so blinde as not to see herein the hand of Divine Iustice they that by Tumults first occasioned the raising of Armies must now be chastened by their own Armie for new Tumults So hardly can men be content with one sin but add sin to sin till the later punish the former such as were content to see me and many Members of both Houses driven away by the first unsuppressed Tumults are now forced to flie to an Armie or defend themselves against them But who can unfold the riddle of some mens justice The Members of both Houses who at first withdrew as my self was forced to do from the rudeness of the Tumults were counted Desertors and outed of their places in Parliament such as staied then and enjoyed the benefit of the Tumults were asserted for the only Parliament men Now the fliers from and forsakers of their places carry the Parliamentary power along with them complain highly against the Tumults and vindicate themselves by an Army Such as remained and kept their Stations are looked upon as Abettors of Tumultuarie Insolencies and Betraiers of the Freedom and honour of Parliament Thus is Power above all Rule Order and Law where men look more to present Advantages then their Consciences and the unchangeable Rules of Iustice while they are Iudges of others they are forced to condemn themselves Now the plea against Tumults holds good the Authors and Abettors of them are guilty of prodigious insolencies when as before they were counted as Friends and necessary Assistants I see Vengeance pursues and overtakes as the Mice and Rats are said to have done a Bishop in Germany them that thought to have escaped and fortified themselves most impregnably against it both by their multitude and compliance Whom the Laws cannot God will punish by their own crimes and hands I cannot but observe this divine Iustice yet with sorrow and pitie for I alwaies wished so well to the Parliament and City that I was sorry to see them doe or suffer any thing unworthy such great and considerable bodies in this Kingdom I was glad to see them only scared and humbled not broken by that shaking I never had so ill a thought of those Cities as to despair of their Loyalty to me which mistakes might Eclipse but I never believed malice had quite put out I pray God the storm be yet wholly passed over them upon whom I look as Christ did sometime over Jerusalem as Objects of my praiers and tears with compassionate grief fore-seeing those severer scatterings which will certainly befall such as wantonly refuse to be gathered to their duty fatall blindeness frequently attending and punishing wilful so that men shall not be able at last to prevent their sorrows who would not timely repent of their sins nor shall they be suffered to enjoy the comforts who securely neglect the counsels belonging to their peace They will finde that Brethren in iniquitie are not far from becoming insolent enemies there being nothing harder then to keep ill men long in one minde Nor is it possible to gain a fair period for those Notions which go rather in a round and circle of phansie then in a right line of Reason tending to the Law the onely Center of publick consistencie whither I pray God at last bring all sides Which will easily be done when we shall fully see how much more happy we are to be subject to the known Laws then to the various Wills of any men seem they never so plausible at first Vulgar compliance with any illegal and extravagant waies like violent motions in nature soon grows wearie of it self and ends in a refractory sullenness Peoples rebounds are oft in their faces who first put them upon those violent strokes For the Army which is so far excusable as they Act according to Souldiers Principles and interests demanding Pay and Indempnitie I think it necessarie in order to the publick peace that they should be satisfied as far as is just no man being more prone to consider then my self though they have fought against me yet I cannot but so far esteem that valour and gallantrie they have sometime shâ—wed as to wiâ—h I may never want such men to maintain my self my Laws and my Kingdoms in such a Peace as wherein they may enjoy their share and proportion as much as any men The King had made a suit to the Parliament to vouchsafe him the comfort of seeing his Chrildren at Syon as he passed towards Windsor but was not admitted He being now at Causam the Lord Cravens House made his case known to the General who resents it so much that he Writes to the Speaker of the Commons House and the same to the Lords And answered the Parliaments Exceptions because the Duke of Richmond and two of the Kings Chaplains had access to him Mr. Speaker I was sent unto by the King on Friday last to desire the Parliament to give way to him to see his Children and that they might for that purpose be sent unto him If I may be bold humbly to offer my Opinion I think the allowance of such a thing may be without the least prejudice to the Kingdom and yet gain more upon his Majestie than denying it And if it be in the prayers of everie good man that his heart may be gained the performance of such Civilities to him is verie sutable to those desires and will bear well with all men who if they can imagine it their own case cannot but be sorry if his Majesties natural afâ—ection to his Children in so small a thing shall not be complyed with And if any question should be concerning the assurance of their return I shall ingage therein within what time the Parliament shall limit Upon this occasion give me leave I beseech you to take notice of some Reports spread abroad as if my self
things fitted for to morrow Saturday 20. of Ian. the King is brought from St. Iames's through the Park in a Sedan to White-hall thence by water with Guards to Sir Iohn Cottons House at the back end of Westminster Hall The Judges met in the Painted Chamber attending the President Bradshaw in his Scarlet Robe the Sword born before him by Colonel Humphrey the Mace by Serjeant Denby the younger and twenty men for his Guard with Partizans Himself sits down in a Crimson Velvet Chair of State fixed in the midst of the Court with a Desk before him and thereon a Cushion of Crimson Velvet The seats of each side Benches covered with Scarlet cloth all of bloudy colours for the Tryers the Partizans divided themselves on each side O yes and silence made the great Gate of the Hall was set open for any to enter Col. Thomson was commanded to bring forth the prisoner who was with twenty Partizans and other Guards The Serjeant with his Mace receives him to the Bar where was placed a red Velvet Chair The King looks sternly upon the Court and up to the Galleries and then sits down not shewing the least regard to the Court but presently rises up and looks downâ—ards on the guards and on the multitude of people spectators The Act of Parliament for the Trying of Charls Stuart King of England was read over by the Clerk one Phelps who â—at on the right side of the Table covered with a Turkey Carpet placed at the feet of the President upon which lay the Sword and Mace The several names in the Roll of the Tryers were called over and 80. answered to their names In the charge the King is accused in the name of the people of England of Treason Tyranny of all the murders and rapines that had happened in the war many things being added for aggravation they repose all the vveight of the accusation on this That he raised war against the Parliament A vast number of people looking on vvith groans and sighs deploring the miserable condition of their good King The President stood up and said Sir You have heard your Charge containing such matters as appears in it and in the close it is prayed that you Answer to your Charge which this Court expects The King vvhilst he heard the Charge vvith countenance of Majesty and at some passages vvith a brovv of scornefull smile and novv in ansvver to the President asks these nevv Judges By what Authority they did bring to Tryal a King their most rightful Sovereign against the publick Faith so lately given him when he commenced Treaty with the Members of both Houses By what saies he emphatically Lawful Authority for said he I am not ignorant that there are on foot every where very many unlawful powers as of Theeves and Robbers in the High way he bids them only declare by what Authority they had arrogated this what-soever-power to themselves and he would willingly answer to the things objected Which if they could not he adviseth them to avert the grievous crimes from their own heads and the Kingdom Whatsoever they did he was resolved not to betray the Charge committed by God and confirmed by ancient descent The President rejoyns That he was called to account by Authority of the people of England by whose Election he was admitted King The King replyes The Kingdom descended to him in no wise Elective but Hereditary for above a thousand years That he stood more apparantly for the Liberties of the people of England by refusing an unlawful and urbitrary Authority then the Iudges or any other whosoever by asserting it That the Authority and power of the people was shewed in Parliamentary Assemblies but that here appeared none of the Lords who to the constituting of a Parl ought to be there and which is more some King ought to be there present but that neither the one nor the other nor both the Parliament Houses nor any other Iudicature on earth had any Authority to call the King of England to account much less some certain Iudges chosen only by his accusers masked with the Authority of the Lower House and the same proculcated Howbeit he wills them again they would at least-wise produce this their Authority and he would not be wanting to his defence forasmuch as it was the same offence with him to acknowledge a Tyrannical power as to resist a lawful one The President often interrupting the Kings speech told him That they were satisfied with their Authority as it is upon Gods Authority and the Kingdoms in doing of Iustice this their present work To which the King replyed That it was not his own apprehension nor theirs neither that ought to decide it And so the President commanded the prisoner to be taken into custody and so the Court adjourned till Munday next 22. Ianu. to the Painted Chamber and from thence to the same place again and the King returned in the manner as before to St. Iames's Munday the Court met in the Painted Chamber and considering the Kings Resolution to deny ther Jurisdiction and Judicature They resolve that he should not be suffered to argue either the Courts Jurisdiction or that which did constitute it of which debate they had no proper Cognizance nor could they being a derivative power which made them Judges from which there was no appeal And therefore with that distinction they Order That if the King offer to dispute the same again the President shall tell him that the Commons of England assembled in Parliament have constituted this Court whose power may not be permitted to be disputed by him That if he refuse to answer it shall be recounted a contumacie to the Court That if he answer with a salvo his pretended Prerogative above the Court He shall be required to answer positive yea or no. That he shall not have a Copy of his Charge till he own the Court and declare his intentions to answer This concluded they assemble in Westminster Hall and the King called for and brought to the Bar in the same manner and with much contumacy as the other day when the Sollicitor Cook moves that the Prisoner may make a positive answer or that the Charge may be taken pro confesso and the Court to proceed to Justice The President repeats in brief the passages of the last day and commands the King to Answer to the Articles of his Charge unless he had rather hear the Capital Sentence against him The King persists to interrogate concerning their Authority and saies That he less regards his Life then his Honour his Conscience the Laws the Liberties of the people all which that they should not perish together there were weighty Reasons why he could not prosecute his defence before the Iudges and acknowledge a new form of Iudicature for what power had ever any Iudges to erect a Iudicature against their King or by what Laws was it granted surely not by Gods Laws
which on the contrary command obedience to Princes Nor by mans Laws nor by the Laws of our Land sith the Laws of England injoyn all accusations to be read in the Kings name nor do they indulge any power of judging even the most abject subject to the lower or Commons House Neither lastly does their power flow from any Authority which might be pretended extraordinary delegated from the people seeing ye have not asked so much as every tenth man in this matter The President ever and anon as before interrupting his Speech now very unhandsomly if not insolently rebukes the King bids him be mindful of his doom affirming That the Court was abundantly satisfied of their Authority nor was the Court to hear any Reasons that should detract from their power But what saies the King or where in all the world is that Court in which no place is left for reason Yes answered the President you shall finde Sir that this very Court is such a one But the King presses That they would at least permit him to exhibite his Reasons in writing which if they could satisfactorily Answer he would yield himself to their jurisdiction Here the President not content to deny grew into anger commanding the Prisoner to be taken away The King replyed no more to these things then Remember saies he That 't is your King from whom you turn away the ear In vain certainly will my Subjects expect justice from you who stop your ears to your King ready to plead his cause The 3. daies Tryal Tuesday was in effect the same the same Demands of the Court and the like Answer of the King and so adjourn to the next morning Wednesday ten a clock but they were so busied in the Painted Chamber before in the examining of witnesses as they said that an Officer came out to the people and told them so and that they should finde the Court there upon Summons for as yet they were not resolved when to sit For it was Saturday after 27. Ian. before they Assembled and 68. of the Tryers answered to their names The President in Scarlet Robe and as the King came the Souldiers were directed to cry out for Execution of Justice Execution belike to forwarn the King of what he should now expect The King speaks first and desires to be heard a word or two but short and yet wherein he hopes not to give just occasion to be interrupted and goes on A suddain Iudgment saies the King is not so soon recalled But he is sharply reproved of contumacy The President profusely praises the pâ—â—ience of the Court and commands him now at length to submit otherwise he shall hear the Sentence of death resolved upon by the Court against him The King still refuses to plead his cause before them But that he had some things conducing to the good of the people and peace of the Kingdom which he desires liberty to deliver before the Members of both Houses But the President would not vouchsafe him so much as this favour lest it should tend he said to the delay or retardation of Iustice Whereupon the King replies It were better sustain a little delay of a day or two then to precipitate a sentence which would bring perpetual Tragedies upon the Kingdom and miseries to children unborn If saies he I sought occasions of delay I would have made a more elaborate contestation of the cause which might have served to protract the time and evade at least the while a most ugly Sentence but I will shew my self such a Defender of the Laws and of the Right of my Countrey as to choose rather to dye for them the Martyr of my people then by prostituting them to an Arbitrary power go about to acquire any manner of Liberty for my self but I therefore request this short liberty of speaking before a cruel sentence be given for that I well know 't is harder to be recalled then prevented and therefore I desire that I may withdraw and you consider They all withdraw The King to Cottons House the Tryers into the Court of Wards and in half an hour return And the President with the same harshness as he began proceeds into a premeditated Speech to hasten Sentence which the King offers reason to forbear whilst he may be heard before his Parliament and this he requires as they will answer it at the dreadful day of judgement and to consider it once again But not prevailing the President goes on wherein he aggravates the contumacy of the King and the hatefulness of the crimes he asserts Parliamentary Authority producing examples both Domestick and Foreign especially out of Scotland wherein the people had punished their Kings He affirms that the power of the people of England over their King was not less That the guilt of this King was greater than of all others as being one who according to Caligulas wish had attempted to 〈◊〉 off the neck of the Kingdom by a War waged against the Parliament for all which the Charge calls him Tyrant Traytor Murtherer and a publick Enemy to the Common-wealth and it had been well Sir saies he if that any of all these terms might have been spared if any of them at all This wrung a start from the King who astonished could not Answer but with an Interrogatory how Sir And the other goes on to argue that Rex est dum bene Regit Tyrannus qui populum opprimit and by this definition he lodges on the Kings Arbitrary Government which he saies he sought to put upon the people His Treasons he stiles a breach of trust to the Kingdom as his superiour and is therefore called to an account Minimus majorem in judicium vocat His Murthers are many all those that have been committed in all the War between him and his people are laid to his charge all the innocent bloud which cannot be cleansed but by the blood of him that shed the blood so then for Tyranny Treason Murthers and many more crimes And so as a Iudge indeed uses to Iayl birds he wishes the King to have God before his eyes And that the Court calls God to witness that meerly their conscience of duty brings them to that place and this imployment which they are resolved to effect and calls for Gods assistance in his Execution The King offered to speak to these great Imputations in the charge but he was told his time was past the Sentence was coming on which the President commanded to be read under this form Whereas the Commons of England in Parliament have appointed them an High Court of Justice for the Tryal of Charls Stuart King of England before whom he had been three times convented and at the first time a Charge of High Treason and other crimes and misdemeanours was read in the behalf of the Kingdom of England c. as in the Charge which was read throughout To which Charge he the said Charles Stuart was
required to give his Answer but he refused so to doe and so exprest several passages at his Tryall in refusing to Answer For all which Treasons and Crimes this Court doth adjudge that the said Charls Stuart as a Tyrant Traytor Murtherer and publick Enemy shall be put to death by the severing his head from his body This Sentence saies the President now read and published is the Act Sentence Iudgement and Resolution of the whole Court To which the Members of the Court stood up and assented to what he said by holding up their hands The King offered to speak but he was instantly commanded to be taken away and the Court broke up The number of the Judges at the Kings Sentence of Death were 78. and their names Serjeant Io. Bradshaw President Lieutenant General O. Cromwel Com. Gen. Ireton Ma. Gen. Skippon Colonels Thomas Harrison Edward Whaley Thomas Pride Isaac Ewer Richard Ingolsby Rowland Wilson Henry Martin William Purfrey Godfrey Boswel Iohn Barkstead Harbotle Morley Mathew Tomlins Hewson Edward Ludlow Iohn Hutchinson Robert Titchburn Owen Row Robert Lilburn Adrian Scroope Richard Dean Iohn Okey Iohn Harison Iohn Desborough William Goffe Iohn More Francis Lasseley Edmund Harvey Iohn Venn Anthony Stapeley Iohn Downs Thomas Hamâ—nd George Fleetwood Iames Temple Thomas Wait. Esquires that did sit Will. Hemington Isaac Penington Alderman Tho. Atkins Alderman Iohn Blaxtone Gilbert Millington Cornelius Holland Iohn Carme Iohn Iones Miles Corbet Francis Allen Peregrine Popham Iohn Gowden Francis Thorpe Serjeant Thomas Chaloner William Say Iohn Aldred Henry Smith Iames Chaloner Dennis Bond Humphrey Edward Gregory Clement Iohn Fry Thomas Wogan Iohn Fowkes Alderman Thomas Scot Alderman Thomas Andrews Alderman William Cowley Abraham Burrel Iohn Lisle Nicholas Love Vincent Potter Iohn Corbet Thomas Blunt Tho. Boon Augustine Carlanel Iohn Dukswell Simon Maine Daniel Blagrave Iohn Downe Iohn Lownes Officers attending the Court Doctor Doarislaus Mr. Ashbie Councellors Mr. Cooke Sollicitor Colonel Humfrey Sword-bearer Mr. Dendy Jun. Serjeant at Arms Mr. Phâ—lps Mr. Broughton Clerks to the Court Messengers Wolfred Payne Radley Powell Isall King the Cryer The Lords that did sit Thomas Lord Gray of Grooby Philip Lord Lisle And here we may insert the Kings Reasons against the Jurisdiction of the Court which he intended to have declared in writing on Munday Ianu. 22. but was not permitted Having already made my protestations not only against the illegality of this pretended Court but also that no earthly power can justly call me who amyour KING in question as a Delinquent I would not any more open my mouth upon this occasion more than to refer my self to what I have spoken were I alone in this case alone concerned But the duty I owe to God in the preservation of the true liberty of my people will not â—ufâ—er me at this time to be silent For how can any free-born Subject of England call life or any thing he posseseth his own if power without right daily make new and abrogate the old fundamental Law of the Land which I now take to be the present case Wherefore when I came hither I expected that you would have endeavoured to have satisfied me concerning these grounds which hinder me to answer to your pretended impeachment but since I see that nothing I can say will move you to it â—though Negatives are not so naturally proved as Affirmatives yet I will shew you the Reason why I am confident you cannot judge me nor indeed the meanest man in England for I will not like you without shewing a reason seek to impose a belief upon my Subjects There is no proceeding just against any man but what is warranted either by Gods Laws or the municipall Laws of the Countrey where he lives Now I am most confident that this daies proceeding cannot be warranted by Gods Law for on the contrary the Authority of obedience unto Kings is clearly warranted and strictly commanded both in the old and new Testament which if denied I am ready instantly to prove and for the question now in hand there it is said That where the word of a King is there is power and who may say unto him what doest thou Eccles. 8. 4. Then for the Laws of this Land I am no less confident that no Learned Lawyer will affirm that an impeachment can lye against the King they all going in his name and one of their Maximes is That the King can do no wrong Besides the Law upon which you ground your proceedings must either be old or new if old shew it if new tell what Authority warranted by the Fundamental Laws of the Land had made it and when But how the House of Commons can erect a Court of Iudicature which was never one it self as is well known to all Lawyers I leave to God and the World to judge and it were full as strange that they should pretend to make Laws without King or Lords-House to any that have heard speak of the Laws of England And admitting but not granting that the people of Englands Commission could grant your pretended power I see nothing you can shew for that for certainly you never asked the Question of the tenth man of the Kingdom and in this way you manifestly wrong even the poorest Ploughman if you demand not his free consent nor can you pretend any colour for this your pretended Commission without the consent at least of the major part of every man in England of whatsoever quality or condition which I am sure you never went about to seek so far are you from having it Thus you see that I speak not for my own right alone as I am your King but also for the true Liberty of all my Subjects which consists not in sharing the power of Government but in living under such Laws such a Government as may give themselves the best assurance of their lives and propriety of their goods Nor in this must or doe I forget the priviledges of both Houses of Parliament which this daies proceeding doth not only violate but likewise occasion the greatest breach of their publick Faith that I believe ever was heard of with which I am far from charging the two Houses for all the pretened crimes laid against me bear date long before this late Treaty at NEWPORT in which I having concluded as much as in me lay and hopefully expecting the two Houses agreement thereto I was suddenly surprized and hurried from thence as a prisoner upon which account I am against my will brought hither where since I am come I cannot but to my power defend the ancient Laws and Liberties of this Kingdom together with my own just right Then for any thing I can see the higher House is totally excluded And for the House of Commons it is too well known that the major part of them are deteined or deterred from sitting â—o as if I had no other this were sufficient for me to protest against the lawfulness of your pretended
third appointed this form To be chosen by six Princes of Germany Three Ecclesiastical Arch-Bishops Moguntia Colen and Trevine Three Temporal the Duke of Saxonie the Count Palatine of the Rhene and the Marquesse of Brandenburgh and when those six voyces should happen equally divided that then the Duke of Bohemia before it was a Kingdom should determine the Election this was approved by all the Germain Princes and other Christian Princes and Estates of this world And the manner and conditions are these After his Election he is called onely Caesar and the King of the Romanes and not Emperour till he be Crowned and takes his Oath presently after his Election To defend the Catholick Religion and Pope of Rome To minister Iustice to keep the Lawes of the Empire c. and so is anointed and with some prayers upon him a drawn sword put in his hand a Ring on his finger a scepter in his other hand and three Bishops set the Crown Emperiall upon his Head Then all the Princes take Oath to him In Polonie after the same manner In Spain of late the Kings are not Crowned but have another admission equal and performed by the Arch-Bishop of Toledo Primate of Spain In France they have some alterations from their ancient manner by Lewis le Ieune who ordained the 12. Peers of France Six Ecclesiastical and six Temporal The Arch-Bishop and Duke of Rhemes anointeth and Crowneth the King The Bishop and Duke of Lava bears the Glasse of sacred Oyl The Bishop and Duke of Lanques the Cross. The Bishop and Earl of Beauvais the Mantle Royal. The Bishop and Earl of Koyon the Girdle The Bishop and Earl of Chaalons the Ring The Duke of Burgundy Dean of the Order holds the Crown The Earl of Gasconie and Guiennie the first Banner quartered The Duke of Normandy the second Banner quartered The Earl of Tholosa the Golden spurs The Earl of Campain the Banner Royal or Standard of War The Earl of Flanders the sword Royall And this day the King is severally apparelled three times First as a Priest Secondly a King and Warriour Thirdly as a Iudge He takes his Oath by the Arch-Bishop of Rhemes to the Church and to the people c. and so vested with the Mantle Girdle Ring Ointment and Crown with declaration what each signified And though this Ceremonie of sacring and Anointing Kings be more ancient than the Christian Kingdom of France yet is it the most ancient for particular Majestique manner and most of the Neighbour Kingdoms have affinity from her especially in England being the very same in effect The sacredness of the Hebrew Kings depended much upon their being anointed Anointing added a divine Majesty to their Kings and made them sacred and allied unto God exercising power and authority over things divine the virtue of the sacred Ointment being communicated to them formerly compounded by Moses of Aromatick ingredients and was yet for Initiation and Consecration till Iosiah hid it under ground in the Temple in the same secret place where the Ark of the Covenant Aarons rod Urim and Thummim and the Manna were laid up in preservation against the overthrow of the Temple by the Assyrians as had been prophecied and so lost to posterity in time of their Babylonish Captivity And therefore the King resolves on the day 2. February which is censured For a vanity though serious and the wisest Monarchs are very idle in it as not conferring one dram of solid grandure to the Throne and yet he acknowledgeth that as the King enters recognizance and stipulateth with the people to govern by Law so they acclaim him their King And is all this but vanity Though the Scriptures also exemplifies it in the Iews their first King Saul after the manner of all Nations and after him David Solomon Iehoash The Highâ— Priest anointing him with solemnities as you may see of Gods own appointing and the Ceremony to our Saviour when the Iews crowned him was no doubt in imitation of other Kings and may be a pattern for Christians But the day come which began his solemnitie conveyed him by water from White-Hall to Westminster not in usual state through the streets from the Tower the onely reason the dregs of the Infection not clearing the danger of such concourse of people which is put upon his frugality to save money And though it belonged to the Dean of Westminster Bishop of Lincoln to officiate some chief parts of the Celebrity yet he being under a deserved displeasure and in October last put out of his office of Lord Keeper of the Great Seal of England and intrusted unto Sr. Thomas Coventry who sat in Chancery two Terms before much of his duty was conferred upon Dr. Laud Bishop of St. Davids not of Bath and Wells till September after And then concerning the alteration of the Prayer The very Committee for managing the particulars of the Coronation resumed then those ancient particulars of the Prayer till Henry the sixth's time Ut obtineat gratiam huic populo c. like Aaron in the Tabernacle Elisha in the waters Zacharias in the Temple Sit Petrus in Clave Paulus in dogmate and were suitors to the King not to suffer the Dean to that duty and had this answer Who was not worthy to keep the seal lesse deserving to Minister now to his Soveraign Nor was he admitted to the next Parliament nor had summons by Writ so no Proxy to appoint a suffrage though it is said and evilly mentioned by an Historian That the Dukes Mother intruded who loved the Bishop if fame belies her not better then was fitting But this scandal I have answered sufficiently See the Life and Death of King Iames. And his own letters will discover the truth dated the seventh of Ianuary 1625. to the Duke and signed Iohn Lincoln so then he was not Chanceller and saies that he is come to do service for the preparation to the Coronation c. and craves of the Duke to receive a creature of your own struck dead with displeasure and by him to be brought to kiss the Kings hands And another Letter to the King complains that he hath not received his Writ of summons unto the Parliament that he might make his Proxie c. Nor can he go into the County as he had done long since but in expectation of this Writ and that in his absence in this Parliament no use may be made of the Kings Name to wound the reputation of a poor Bishop Cabala 107 108. and so our other Historians are mistaken in this And the manner of his Delivery of the Seal was thus Sir Iohn Suckling was sent from the King to demand it but charily he locked it up in a Cabinet and sent it and the Key by the Knight inclosed in a Letter to the King and so was outed of the Seal but kept his Bishoprick of Lincoln and the Deanary of Westminster which indeed he had for his life and after
into one Opinion that thereby no reason given to the House their Restraint was an Arrest of the whole Body and a breach of Priviledge must needs follow which was so remonstrated to the King and they therefore released But what ground â—r Presidents had the Judges a late law of their own making for it is well observed That in the Parliament 35. Eliz. Sr. Peter Wentworth and Sr. Henry Bromley by petition to the Upper House to be supplicants with them of the Lower House unto her Majesty for entailing the succession of the Crown the Bill being drawn by them These two were summoned before Sr. Thomas Henage one of the Privy Councel and commanded to forbear the Parliament and to stand secured to their Lodgings and after further examination before the Councel were committed Wentworth to the Tower Bromley and other Courtiers to the Fleet. Another instance Mr. Morice Attorny of the Dutchy of Lancaster for moving against the justice of the Courts of Ecclesiastical Iudges Subscriptions and Oaths was taken out of the House so saith another Authour and committed to Prison for whose release Mr. Wroth humbly moved the House to be petitioners to her Majesty But was answered That the Queen must not accompt for actions of Royal Authority which may be of high and dangerous consequence nor can it become them to search into the Prerogative of Soveraigns These Members were five in all and might have been Precedents for the King and his five Members in due place hereafter But this course now taught the Lords to resent the like indignity to them in the Earl of Arundels case who lay committed to the Tower as before said and so they would sit still without motion to any matter till that he might be reâ—admitted which was instantly done To ballance with the Dukes Enemies Three Persons his confederates were made Barons to compeer in the Lords House the Lord Mandevil the eldest son to the Earl of Manchester created by Patent Baron Kimbolton Grandison son to the created Baron Imbercourt and Sr. Dudly Carlton made Baron Tregate being newly returned from his Trade of seven years Leiger Ambassadour abroad in Venice and Holland But it is said That the Lords found out an Old Order to Counter checque that designe That no Creations sedente Parliamento should have power to vote but onely to sit Not to Iudge but to learn to understand during that Session so that their Suffrages were excluded But I am assured of the contrary for they sate and voted Hence it is truly observed That in the late Parliament 1640. Seymor Littleton and Capel were so created sedente Parliamento and Digby Rich and Howard of Charlton called by special Writ were also admitted their votes and afterwards the last of the nineteen Propositions to the King at York for the King to passe a Bill to restrain Peers made hereafter to sit and vote in Parliament unlesse with consent of both Houses To which the King absolutely refused But however they were admitted the Duke was put to his own Innocency partially stiled impudency and lodges injustice on the Peers whose ill opinion he sayes deprest him and partial affection elevated the other who received the Attornies charge with undaunted spirit and returned so home an Answer as the House was amply satisfied of which take his own so saying for we hear not a word more nor other of it than that he saies so But the Dukes defence came quick to the Lords the eighth of Iune Who he sayes sequestered him from the House until his cause was determined upon which he was much dejected when really of himself he had forbore the House And therefore this morning had resolved to send it but was advised to present it himself which we shall finde to this purpose The Commons Impeachment and Declaration against the Duke of Buckingham FOr the speâ—dy redresse of the great evils and mischiefs and of the chief causes of those evils and mischiefs which this Kingdom of England now grievously suffereth and of late years hath suffered and to the Honour and Safety of our Soveraign Lord the KING and of his Crown and dignities and to the good and welfare of his people the Commons in this present Parliament by the authority of our said Soveraign Lord the King assembled do by this their Bill shew and declare against GEORGE Duke Marquesse and Earl of Buckingham Earl of Coventry Viscount Villers Baron of Whaddon great Admirall of the Kingdoms of ENGLAND and Ireland and of the principalitie of Wales and of the Dominions and Islands of the same of the Town of Calais and of the Marches of the same and of Normandy Gascoigne and Guyen Generall Governour of the Seas and Ships of the said Kingdoms Lieutenant Generall Admirall Captain Generall and Governour of his Majesties Royall Fleet and Army lately set forth Master of the Horses of our Soveraign Lord the King Lord Waâ—den Chancellour and Admirall of the Cinque-ports and of the Members thereof Constable of Dover Castle Iustice in Eyre of all Forests and Chaces on this side of the River of Trent Constable of the Castle of Windsor Lieutenant of Middlesex and Buckingham-shire Steward and Bailiffe of Westminster Gentleman of his Bed-chamber and one of his Majesties honourable Frivie Councel in his Realms both of England Scotland and Ireland and Knight of the most noble order of the Garter The Misdemeanors Misprisions Offences Crimes and other matters comprised in the Articles following And him the said Duke do accuse and impeach of the the said Misdemeanors Misprisions Offences and Crimes ARTIC I. The Duke 's 1. Reply THat he the said Duke being young and unexperienced hath of late years with exorbitant ambition and for his own advantage procured and engrossed into his own hands severall great Offices both to the danger â—f the State and prejudice of that Service which should have been performed in them and to the discouragement of others who are thereby precluded from such hopes as their virtues abilities and publique employments might otherwise have obtained THat his late Majesty did of his own Royal Motion bestow them upon him and he hopeth and concieveth he may without blame recieve what his bountiful Master conferred upon him if the Common-wealth doth not suffer thereby Nor is it without precedents that men eminent in the esteem of their Soveraign have held as great and many Offices as himself But if it shall be proved that he falsely or corruptly hath executed those Offices he is and will be ready to resign them with his life and fortunes to his Majesties dispose II. Reply 2. That in the 16. year of the Reign of the late King he did give and pay to the then Earl of Nottingham for the Office of Great Admiral of England and Ireland and of the principality of Wales and Generall Governour of the Seas and Ships of the said Kingdomes and for the surrender of the said Offices to the intent the said Duke might
the Kings looks He told them plainly He expected not such a Romance to answer his gracious consent to their Petition of Right But for their just Grievances they would deserve his consideration And so suddenly rose up and stepping down short from the degrees of steps raised under the Cloth of State the Duke stayed him by the hand which now is supposed to be given him to kisse in spight of the Parliament or otherwise rather but his low Congie to his Majesties hand which in Court-complement was too much But in truth I saw that passe and that other Lords near the King offering as much as the Duke did which I well know was then devised to lodge upon him against whom their inbred dislike increased to all exceptions even of Circumstance or Shadow But how suddenly the Commons House incroach upon the Lords Liberties excluding the words the Lords spiritual and Temporal in the very Grant of the Bill of Subsidies which they resented with very high Indignation though the Commons were known to be cunning enough to palliate the designe if discovered with an excuse of bare mis-omission yet the most of them stood it out pretending ever more in such cases That heretofere some Acts had so passed which they knew well enough how to avoid the proving But if their good Lordships would return the Bill their names should be inserted as if they were not able to put themselves in as the others were cunning to leave them out During these disputes and the Kings necessities in purse was the main cause of his consenting so much to raise the Parliaments and lessen his own Power One Doctor Manwaring observing the Clench meant to mend all by marring it with his two false Assertions The one to be preached before the King That the Kings Royal Command imposing without common consent of Parliament Taxes and Loans doth so farre binde the conscience of the Subjects of this Kingdom that they cannot refuse the payment without peril of damnation The other he preached at his Parish Church That the Authority of Parliament is not necessary for the raising Aydes and Subsidies To these he was questioned by a Committee and in reason justly sentenced 1. Imprisonment during the pleasure of the Parliament 2. Fined one thousand pounds to the King 3. To make such submission as shall be set down in writing at the Lords Bar and Bar of Commons 4. To be suspended three years from the exercise of the Ministry 5. Never to preach at Court hereafter 6. Never to have Ecclesiastical dignity or Secular Office 7. To move his Majesty for calling in of his Book and to be burnt And truly I remember the Kings answer to all He that will preach other then he can prove let him suffer I give them no thanks to give me my due and so as being a Parliament businesse he was left by the King and Church to their Sentence But why this case must be marked out for a sixth Presage from the Kings vailing his Crown to the Parliament by suffering the House of Comâ—mons to set up sayes he a Committee for Religion to question Manwaring and Sibthorp and others for Doctrinal matters more proper to be censured in the High-Commission or Convocation to which Courts the cognizance do belong and not unto a Consistory of Lay-Elders which perhaps wise men but never the greatest Clerks We may consent to his opinion in the Main for matters of Divinity and Orthodox points But that the Preacher is Iure Divino not to be censured but by themselves smells of the Presbyter or Papâ—st both alike their Tenets and so to ingrosse all into their General Assembly which was wont to be above Privy-Counsel Parliament and King But the King bent his busie time to frame an Answer to their late Remonstrance so tart that the Commons resolved to double upon him against Tonnage and Poundage which he would not indure bnt prorogued the Parliament unto the twentieth of October delivering his minde to them before his Assent to their Bills My Lords and Gentlemen IT may seem strange that I come so suddenly to end this Session therefore before I give my assent to the Bils I will tell you the cause though I must avow I ow an account of my actions to none but God alone It is known to every one that a while ago the House of Commons gave me a Remonstrance how acceptable every man may judge and for the merit of it I will not call that in question for I am sure no wise man can justifie it Now since I am certainly informed that a second Remonstrance is preparing for me to take away my profit of Tunnage and Poundage one of the chief maintenances of the Crown by alleadging that I have given away my right thereof by my Answer to your Petition This is so prejudicial to me as I am forced to end this Session some few hours before I meant it being willing not to receive any more Remonstrances to which I must give an harsh answer And since I see that even the House of Commons begins already to make false constructions of what I granted in your Petition lest it be worse interpreted in the Country I will now make a Declaration concerning the true intent thereof The Profession of both Houses in the time of hammering this Petition was no waies to trench upon my Prerogative saying They had neither intention nor power to hurt it Therefore it must needs be conceived that I have granted no new but onely confirm the ancient Libertie of my Subjects Yet to shew the clearness of my intentions that I neither repent nor mean to recede from any thing I promised you I do here declare That those things which have been done whereby men had cause to suspect the Liberty of the Subject to be trencht upon which indeed was the true and first ground of the Petition shall not hereafter be drawn into example for your prejudice and in time to come in the word of a King you shall not have the like cause to complain But as for Tonnage and Poundage it is a thing I cannot want and was never intended by you to ask never meant I am sure by me to grant To conclude I command you all that are here to take notice of what I have spoken at this time to be the true intent and meaning of what I granted you in your Petition But especially you my Lords the Judges for to you onely under me belongs the interpretation of the Laws for none of the Houses of Parliament joynt or separate what new doctrine soever may be raised have any power either to make or declare a Law without my consent This Session were enacted these Laws and first of all For further Reformation of Divers abuses committed on the Lords day commonly called Sunday 2. To restrain the passing or sending any to be Popishly bred beyond Seas 3. For the better suppressing unlicensed Ale-House Keepers 4. For
Reprobates and therefore believes our Churches regeneration is by infusion of Grace by sowing the good seed But to answer him in this Let all Christians religiously pray and live according to the grace of Restitution and humbly submit their judgements concerning the secresie of personal Election and so this man sins against the 17. Article 4 The Anabaptist His purenesse is a supposed birth without Original sin and his Tenet that Infants must not be baptized and this believer opposeth the 9. and 27. Articles 5. The Brownists purenesse is to serve God in Woods and Fields and his opinion is that Idolatry cannot be reformed without pulling down of Churches Christ indeed whipt the buyers and sellers out of the Temple though it was prophaned yet without any pulling down and this man is against the 35. Article 6. Loves familist serves God as well at his neighbours charge as at his own omnia sunt communia the things which they possesse are not their own but all are Common He teacheth that unlawful swearing is worse than murther and this is against the 39. Article 7. The Precisian will not swear before a Magistrate That unlawful swearing is a greater sin than murther God indeed is greater then man here is the compare but then the effect destructive is greater by murther God commands that the murtherer die blood for blood he deals not so severely with the swearer See the 39. Article 8 The Sabbatarian preaches down Holy dayes preaching that the Instrumental directing cause to keep holy the sabbath day he makes to be the keeping holy the sabbath But Gods holy Worship prayer is keeping holy the sabbath day for preaching the holy direction teacheth holy worship prayer to be the holy practise of that day to praise the Lord for our Redemption the sole principal end of preaching on the Lords day His preaching is a Sylva synonymorum Tautologies Iterations His praying much erroneous and this is against the 35. Article 9. The Anti-disciplinarian is above the Kings supremacy Imperious Imagination his highnesse is the Churches greatest Authority and he saith this is as good a rule to know the reformed true faith is the holy Writ He is a strict observer of the Law therefore he accounts it the best Religion His tenet is That Kings must be subject to the Puritan To the Puritans Presbyters Censure submit their Scepters throw down their Crowns lick up the dust of their feet This Mr. Rogers in his eleventh page of his Preface to the 39. Articles And T. Cartwright teacheth in his Reply page 1080. And here the Oaths of Supremacy and Allegiance are broken against the 21. Article His tenet that all Priests should be equal See Varellus and Vivetus sermons two Geneva Presbyters against the â—3 33. and 36. Articles and against the twentieth Article 10. The presuming Predestinatist hath an inspired knowledge to be saved by Gods absolute Election as sure as it were now in Heaven no life in him but Gods essential glory against the 17. Article and the 3. Article Thus was it then amongst us Reformed and since it hath increased ten times worse But the Papist is not clear from Crimes schismes and sins The contest between Iesuites Priests and Secular Priests have evermore their debates and now grounded upon this occasion Richard Smith titular Bishop of Calcedon his honour there in Greece but his profit from England over all the Romish Catholicques especially for ordaining of Priests and confirmations of persons Baptized But when he came hither we cannot finde till now we have caught him here Yet Pope Gregory the thirteenth delegated one William Bishop to Calcedon who died 1624. After him succeeded another by Mission of Urbane the eighth 1625. this Richard Smith to the same Title But why to a foreign Title and not at as easie a rate to English as in Ireland he had to all Sees there the reason is He had in Ireland a Counter-party of People for Number and Quality in every Diocesse and Parish not so in England where it had been ridiculous in the Granter and dangerous in the Accepter To oppose his power up starts Nicholas Smith a Regular in malice to his advancement and quarrelled also against Doctor Kelson President of the Colledge of Doway who had printed a Treatise of the dignity and necessity of Bishop and secular Clergy Nicholas Smith's Reasons were for the Regulars first such Bishops uselesse in England in times of persecution Either for Ordination which might be supplied by foreign Bishops Or Confirmation of children which any Priest might perform by Commission from the Pope Secondly Burthensom to the already pressures of the English Catholicques And Thirdly the Person of Calcedon not lawfully called Kelson undertakes Answers to all these and the Insolency of the Regulars seemed more secular And indeed the Irish Regular exceeded such in England maintaining That the superiours of Regulars were more worthy than Bishops which caused the Doctors of Sorborn in Paris to censure the Proposition and the Arch-Bishop of Paris to condemn Nicholas Smiths Book and other Tractates of that sense But Bishop Smith would take upon him to approve of such Regulars Priests as were to be constant Confessors which the Jesuites opposed as an usurpation upon them And being the better Polititians contrive a Declaration under the name of the most noble and eminent Catholiques against his pretended Authority which Declaration was offered to the Spanish Ambassadour Don Carlos de Coloma together with the Kings Proclamations to ferret his person He declined both his power and presence to seek safety in France The Bishop fled the dogs bark Knot vice provincial of the English Jesuites and Flood another of St. Omers undertake him and Kelson also but were censured and silenced though not their several factions unto this day But this bickering is lodged under the product of the peace with Spain as if to encourage the Catholiques to rant it in Ireland also towards a Toleration The Lords Justices at Dublin at Church in one Parish the Priests at Masse in another who were seized by the Arch-Bishop and Major and all the City Officers their Trinkets taken away Images hewen down the Priests and Fryers delivered up to the Souldiers and yet rescued by the people from whom a strong power enforced them and eight Popish Aldermen clapt in prison for being remisse to attend their Major upon which mis-behaviour and mutiny fifteen Houses were seized to the Kings use and the Fryers and Priests persecuted and Two of them to save publique Execution hang'd themselves in their hose-garters The Earl of Essex would needs try Mastery with a fresh Mistresse being over born by his first Wife as their story is truly told in the life of King Iames 18. years since He then but a stripling but ever since getting strength and being falsely fram'd for Martial Exploits in the Low-Conntries where he Disciplin'd himself but without any high renown or feats of Arms or any extraordinary
proofs of his manhood had a strong minde to a second Marriage and as if recovered of his former Impotency to exercise himself upon tryal with Betty Paulet as they called her daughter she was indeed of a Knight extracted from that Nobility of the Marquesse of Winchester but by what venture of descent we need not enquire She was pretty but poor Beauty hath price enough and a great portion would not have him In March he was Married but being mistaken in his own abilities of the Bed having it seems not excercised that kinde of Low Countreys manhood found himself failing and so retired out of Town as to give occasion for others to court his Countess and his advantage of a second Divorce and in truth he was easily drawn thereto by such as hung upon him in former time his Revenue now divided into Families Wife and Women-creatures shared the less to his Dependants Their Design was to watch their Countess who was wanton enough for such a Husband and by a Ladder to her Chamber-window saw so much as forcing the Door Master Udal was found sitting upon her Bed-side very late unbraced with heat as in pursuit of her Sister who in merriment after some questions he had been commanded to kiss her she being shadowed in the Ladies Chamber where he went to seek her but the conclusion was Divorce though her innocency was pleaded and sealed with all possible protestations and so generally believed untill she proved with childe and yet the Earl was so wise as to father it Marry then the Moon-calf must fall at the minute of his own account which no doubt happened just with the birth of the Baby a jolly Boy and so as best right for him to nestle who seized it from the Mother never like to see it long alive nor what became of it we need not doubt But why these his dishonours were not more resented at Court agreeable to his Extraction in a prophetick relation to all King Charls his future mishaps is more of the Authours wonder than I can make of it and concludes that he became the Head of an Army giving the King Battel in a Pitch Fâ—eld partly upon the score of those indignities before which he supposes was charged on the Kings account It was in Anno 1627. Therefore Feoffees were legally intrusted to purchase in the Impropriations with their own and other good mens money and with the profit to maintain a constant preaching Ministery where the Word was wanting They consisted of 4. Divines to perswade the conscience 4. Lawyers for the Conveyances and four Citizens for no other end but their money There was no need of Captains for Captain Michael's Sword was then sheathed There are in England 9284. Parish-churches endowed with Glebe and Tithes But 3845. were either appropriated to the Clergy or impropriated as Lay-fines to private persons which latter these Feoffees endeavoured to redeem and might have done it in fifty years by the large summs soon advanced and no wonder the subtilty was not then discerned for in time the Purchasers would become the prime Patrons for number and greatness of Benefices multiply their dependence and increase non-conformity and therefore the Attorney General Noy exhibited a Bill in the Exchequer to overthrow their Apocrypha incorporatum First Breach of Trust for erecting a Morning Lecture at St. Antholines London the Land of Goshen and not in other places far distant where Souls famished for want of Food Secondly preferred Non-conformists and so their proceedings were censured as dangerous to the Church and State pronounced illegal and dissolved and their money confiscate to the King which yet of late was accounted a pious Project Good men and bad are Examples fit for History the one to follow these to shun And the man of the first rank was Mervin Lord Audley Earl of Castlehaven married to a second Wife the Daughter of the old Countess of Derby and Widow of the Lord Chandos by whom she had a Daughter married to the Lord Audley the Earls eldest Son This Earl upon Petition of his own Son and Heir the Lord Audley was committed in December last and indicted at Salisbury the County of his abode the 25. of March the first day of this year 1631. accused for causing one Skipwith of mean extraction and his Servant advanced by him to great preferment to assist him to ly with his Countess and to cuckold his Son Audley the Earl assisting and to hold his Wife whilest Brodway did ravish her and for acting Sodomy upon Brodway and Fitz Patrick his Servants a strange kinde of hideous monstrous quality in the sin of this Earl enforcing others to that wickedness wherein himself had no temptation for his excuse or inclination to the action which is the begining of sin no fruits or sensual pleasure for the present which is the act in sin no advance or profit in the future which is a reward to a mans self of his sin The uncouth baseness of the Rape the Master to serve the Servants to cuckold himself the highest horridity of a Wittal the Husband to ravish his own Wife nay to commit a Rape upon himself being both one a sin without former President or future belief so monstrous in the manner so execrable in the end The onely man of Nobility of infamous note that suffered judicial Execution by this King for I reckon not the Earl of Strafford under that notion These Crimes are bad enough we need not devise any more that he in Prison impudently told some Lords his whole delight was to damn Souls by inticing men the surest way to effect it which hath no credit and we shall lodg no other upon him but truths for certainly had he said this before his Trial it might have been remembred as all circumstances were then to advance his guilt And it becomes an Historian in dubious relations to admit the most Christian and charitable being more unlawfull to deceive Posterity by feigned narrative than to abuse a Judg by false Witness But of the other he was found guilty by Grand Inquest and so his cause put over to the Kings Bench and his Person sent to the Tower The manner of his Trial for Life was by a Court of High Commission delegated to some principal Person as chief Iudg constituted with a Power as being next to the King In some sort matching the Ephory amongst the Lacedemonians and therefore not to be longer intrusted than for the time of Trial for the business being done he breaks his Staff the Verge of his Power and Authority And Thomas Lord Coventry Lord Keeper of the Great Seal was by Patent of the thirteenth of April 1631. commissioned Lord High Steward of England for the Day being the five and twentieth of April And because it was the first and last Commission of this nature by this King we shall not spare the particular Narrative to rectifie mis-reports of many others herein It was at the
affections of the four Inns of Court presenting the King and Queen with a most glorious and gallant Masque Heretofore they usually divided themselves in assistance Lincolns Inn with the Inner Temple and the Middle Temple with Greys Inn but now they unite all in some regret against Master William Prynn an Utter Barrister of Lincolns Inn for his late Book Histrio Mastix invective against Stage-plays the solemn Musick used in the Cathedrals and the Royal Chappels against Masques and Dancings at Court the Hospitality of the Gentry at Christmass not without scandal to the King and Queen and some Passages very dangerous to their Persons for which an Information was preferred against him by Noy the Attorney General and the Cause near Sentence the Inns of Court ashamed of such a Member amongst them discovered to their Majesties their disdain of his Doctrines and so in this gallant way of expressing their duties they would out-do any that had been before accompanied also after the Masques with a Train of Christian Captives many years enslaved in Chains under the Emperour of Morocco and now sent by him a Present to the King for his assistance in taking of Sally and destroying those Pyrates to the future security of all Traders in the Mediterranean Sea And the City willing to do something answerable feasted their Majesties a Fortnight after at the Lord Maiors house Alderman Freeman so magnificent that to please these People the Inns of Court Revellers adorned the Kings Feast at Merchant-Tailors Hall where that Masque was again shewed to the City The first Act of open Popularity to them enough to beget hearty affection to him which they seemed to fain but with false hearts ever after And those two places of Feasting are mistaken not being at Guild-Hall Whilest the Deputies of the obedient Provinces Flanders c. were â—usie in seeking for an end of their Evils in some happy Overtures of Peace the Infanta Clara Eugenia their Governess dies whom the Cardinal Infanto succeeds A Lady she was of excellent fame for her milde and gentle Government over them foreseeing that those Treaties then on foot would produce little effect although the other Provinces disobedient Netherlands were offered conditions advantageous enough The States stood fast upon Impossibilities and the other could not exclude their Master And indeed the Prince of Orange his Dispatch of taking Rhinburgh in three Weeks made the Treaty more insolent on his part being hindred by the French Minister that eloquent and able Charnasse who by his diligent pursuits broke off the Treaty and brought the States back again to take up Arms with his Master the French King and so follows on with the Confederacy of the Swedes against the Marques of Aitona for the Spaniard amongst them all in this Militia were such insolencies committed as almost dissolved and spoiled the Hollands Discipline But Aitona marches towards the Maze where he seizes some Prisoners Complotters with Count Henry of Bergues the Prince of Espinoy already fled into France and the Duke of Arscot gone into Spain and the Cause examined dissipated and tried Then he sends the Marques de Ledio who took the strong House of Argentean and retook the Dutchy of Limbergh making a shew of besieging Mastrick thereby to have the passage open into Germany But the Prince of Orange to divert him from this Design plants himself before Breda but not willing to meddle with the Spanish Army now marching towards him to dislodg him from thence he retired five days after And thus ended this years fighting in the Low-countreys The English Coasts were much infested by the Pirates of all our neighbour Nations nay from out the Mediterranean Turks Algiers And as they were generall afflictions to all honest men that came in their way so the great Traders Merchants suffered much and the English because of their generall commerce the most of all and the State being busied in that honourable design of suppressing them our neighbour Dutchmen minded the more their gain and were almost Masters at sea in the Northern fishing which because so farr and so small return they went away with the whole benefit But then for they to settle upon the Hering Busses and the general fishing of the very British seas and our own Coasts after much muttering of our fish-mangers and the complaint upon their Markets the State were rowzed up by several overtures and Projects concerning Bussos for our own Coast and prevention of strangers as an Inlawd over all the Narrow-Seas some petty quarrels there about happened between us and the Hollander and then began the dispute which that able Scholar Grotius intended to conclude by his Tract of Mare Liberum and although the English right was not now to be questioned by a new challenge of the General interest and so to make the case common to all and that by the Pen. Yet to answer him therein also he was incountred by as learned a Piece intituled Mare Clausum the Author Mr. Selden able enough to make it good and did so far as he intended towards them proving the Soveraignty of those Seas under the dominion of this Crown of England and by continual practise of our former Kings levying monies of the Subject meerly for that purpose to maintain that Right But when the King found that it was now in controversie and must be kept by force which his Coffers fayled to perform Herein he considers the way and means to require supply of his Subjects by duty which hitherto had been refused of Curtesie or by Privy-Seals or by Loans which are miscalled disgustfull Impositions illegal they were not so they had been lawfully demanded and no Impositions but seemly and necessarily used by all former Soveraigns Disgustful indeed they might be so are all demands of mony from hard-hearted Subjects and being restrained by his own consent to the late Petition of Right he would depend upon his own the revenue by his right of Prerogative And having Precedents of former Soveraigns he sets on foot that payment of Ship-mony as a duty for indeed Mr. Selden comes short of home in his proofs bringing his Levies of Naval-aid but to the time of Henry the second and might no doubt by his reading have reached home without helpe even of a Parliament But the course went on by the orderly legal proceeding of Writ in effect an ancient President of raising a Tax upon the Nation for seting forth a Navy in case of danger And being managed by that excellent Artizar of Law the Atturney Noy whose Readings and search had no doubt hapened upon Records for Levying a Naval-aid by sole authority of the King for safety of the Kingdome as also in time of those Parliaments when free subsidies and this enforced command of aid came together the one by their love to support what might refer to himself this other by authority when it concerned the publique But the wisdome of State made
other but Mr. Thomas Murray a Scotishman Indeed he had been Clerk of the Chappel-closet when he was Prince a very mean place for so proud a Perâ—on as in earnest he was so observed to be by such as could search into insides outwardly concealed from ordinary observation and wanting preferment of his own conceited merit he grew factious first and then insolent in print in two Pamphlets against Episcopacy sharp and full of rancour Bastwick the second Having been heretofore about the 10. of the King censured by the High-Commission for writing and speaking against Government And thereupon three years since he writ his Latine Apology ad presules Anglicanos and a name very reproachful against them all by name the Arch Bishop Lawd the Lord Treasurer Iuxton Bishop of London flagello Pontificis where he he says Paris enim in Parem non esse Imperium Bishops and Presbyters alike he invited father William of Canterbury his holiness and William London Magnificus Rector of the Treasury and the Whore of Babylon to be witnesses to his Childs Baptizing And in his Latine he says ridentem dicere verum Quis vetet But not to mistake him without Book see how he intitles his Answers The Answers of John Bastwick Doctor of Physick to the information of Sir Iohn Bancks Knight Atturney General in which there is a sufficient demonstration That the Prelates are Invaders of the Kings Prerogative royall contemners and despisers of the Holy Scriptures Advancers of Popery Superstition Idolatry and prophaness Also that they abuse the Kings authority to the oppression of his Loyalest Subjects and therein exercise great Cruelty Tyranny and Injustice and in the execution of these impious performances they shew neither wit honesty nor temperance Nor are they either servants of God or of the King as they are not indeed but of the Devil being Enemies of God and the King and of every living thing that is good All which the said Dr. Bastwick is ready to maintain c. And so fills his answers of six large skins of Parchment to the amaze of the Court nor could he be brought to be briefer Imprints this and dedicates it to the King with an Epistle to prove all Mr. Pryn was the third a Barrester of Lincolns-Inn his crime as of the same some Pamphlets scandalous to the King and Church but he suffered the most amongst them now for being censured there before and not to bewarâ— is punished the more He was fined five thousand pounds to the King to lose the remainder of his ears in the Pillory to be stigmatized on both cheeks with an S. for schismatick and perpetual imprisonment in Carnarvan Castle in Wales Bastwick and Burton each five thousand pounds fine to the King to loose their ears in the Pillory aud to be imprisoned the first in Lanceston Gastle in Cornwall and the other in Lancaster Castle But had they been brought to the Kings Bench Bar and so to have made an end with them there they had not risen up in policy and power to joyn their revenge upon the King and all their accusers as they did hereafter see the eight and twentieth of November 1640. But as to those Schismatiques and other such like deformities so also a severe eye had been upon the Romish Catholiques their numerous resort to private conventicles to the Ambassadors strangers their chappels and most notorious to the antient chappel at Denmark house whereto the English in flocks repaired and many others under leave of the Court domestiques the receptacle and countenance to all other Catholiques Of which the Arch Bishop publiquely complained to the King and Councell Table telling his Majesty that the Insolencies of others took advantage from such audacious behaviour as Mr. Walter Mountague Sir Toby Mathews all the Queens Officers and others of the Kings Court a rol of whom he there presented to which the King professed that he had it in his mind to have referred the consideration thereof to the Board from his own observation and commanded them all to see it reformed Iune the 26 the Prince Elector beginning to languish saies one in his hopes of succour from his Uncle departed with his Brother Prince Rupert for Holland they did depart but not in languish and being purposely sent back upon a design of doing somewhat beyond Seas in reference to his Interest of his Patrimony of the Palatinate which took not effect For the next year them two Brothers by assistance of his Uncles purse and credit though in privacie with the Prince of Orang and some of the States had raised a small beginning of an Army with which and the hopes increasing they advance into Westphalia and besiege Lemgea and were as suddainly enforced to â—rise and fight with one of the Emperours Generals Hatisfeild who slew two thousand and took Prince Rupert and the Lod Craven Prisoners the Elector escaping by flight back again to the Haghe where he remained forlorn till the next year after when you shall find him in England again Williams Bishop of Lincoln comes now to be censured in Star-chamber of whom we observed his first declension heretofore the first of this King 1625. when he parted from the great seal to the Lord Coventry but kept his Bishoprick and Deanery of Westminster and so continued not a peer but a Prelate in Parliament and powerfull enough of purse and câ—nning to revenge upon the King fomenting under hand all Malevolent and popular disaffections against his Soveraign and being Narrowly watcht when his wit and will tempted him to talking disloyallâ— of the King and as usually increased by the late telling to be intolerable for which he had been put into a Bill in Star-chamber 4 Car. and then somewhat slackned because the Bill would not bear it out to proof till 4 years after 8 Car. and then revived towards a Triall The Bishop wondrous bare of defence had only Predeon for his sufficient witness who was charged with getting a barn on Bess Hodson and so became perhaps invalid to be trusted with his testimony for truth The Bishop suborns his two country men Agents Powel and Owen Welchmen to procure the suppression of the order of the publique session at Lincoln which charged Prideon the reputed father and afterwards 10 Car. to lodge the bustard upon Boon and the other to be acquit which cost his purse soundly saies one twelve hundred pounds to bring this about the cause and consequence of his Triall in Iuly this year and sentence Ten thousand pounds to the King and to the Tower during pleasure Suspension ab officiis et beneficiis and referred to the High Commission for the rest which concerned that Courts Iurisdiction which punishments fitted his villanies for after reveng King Iames had a design not once but alwaies after his coming into England to reform that deformity of the Kirk of Scotland into a decent discipline as in the Church of
to Dr. Balcanqual the penner of that Declaration a Creature of Hamilton and pâ—rfect hater of the Arch-Bishop who hindered his preferment to an English Bishoprick out of an innate disaffection to the Scots Nation but offered him a poor Scots Bâ—shoprick that he might dispose of his Benefices in England of 1200 l. per annum A fit Instrument he was to drive on Hamiltons designes being of a nimble Wit and clear expression dissolute of life and easily drawn to do evil for preferment which in part the Marquesse procured him to be Master of the Savoy and Dean of Durham the latter falling to him after the Declaration which the Scots say was his reward for betraying their Church therein And because it discovers their juggling to the life they forced the King in his necessity and time of declension by his act of oblivion first and then to call it in as containing untruths But they have not disproved any passage therein of the true Narrative part unlesse in too much respect and favour to Hamilton and his Complices See great Declaration page 324 326. But to pacifie these Distempers Hamilton must be designed the Kings high Commissioner into Scotland In which trust how treacherously he managed the Kings Interest hereafter follows The Bishops and others of the royal party advised the King to have delegated the Marquesse of Huntley his high Commissioner to manage the affairs of Scotland but by Morton Roxborough and Trahair Hamilton had that honour with the treacherous help of the Scottish Grooms of the Bed Chamber Mall Murrey and Maxwel who for all their falsities were made Scotish Earls for their reward Hamilton thus intrusted abuses the King in that Commission trifling the time from the three and twentieth of Iuly 1637. untill the sixth of Iune 1638. with Declarations Proclamations Messages Letters whilest the Scots raised Officers Arms Ammunition from abroad four Moneths more till the nine and twentieth of November in vain Disputes and three Journeys to the King and back again with the expence of so much Money as might have reduced them by reward or power Treachery always mercenary even to Liberty Life and all For by this time their General Lesly and other Commanders and Officers from far that never had or ever would come home again but by Design being likened to a Puff of Winde behinde that never returns and William Dyck Merchant at Edinburgh and Thomas Cunningham Factor at Camphere provides them Arms for which they were afterwards knighted and Cunningham preferred also Conservator an Office of trust taken from an honest man Sir Patrick Drummond without Law or Trial having served King Iames many years and ever since till now in that Place with good repute And although these Noble-men and others were main Enemies to the Scots Bishops yet they flattered them most into temporal Places of Judicature in the Council Exchequer and Sessions and were Suiters to the King for their Preferments thither as best able to serve him on purpose thereby to pick out matter of Exceptions for the Peoples hatred so that of fourteen Bishops eleven of them were thus invested And although sundry of the Nobility and Gentry were joyned with them in Judicature even in their High-commission Court the other were induced to forbear that the odium of Fines and Confinements might lodg on the Bishops alone the most of them very weak in temporal and most ignorant in State-affairs And to promote the Covenant the Countess of Roxborough a cunning old Courtier of Queen Anns being sent for from Scotland insinuates into this young Queens favour Lady of the Bed-chamber and Governess to the Princess Mary the chief Marian to mannage their Designs amongst the Women giving intelligence to her Husband a subtil old Fox who the rather resided with her at the Nursery-court St. Iames's the Rendezvouz of Scotish Designs against their Bishops Roxborough not in duty to Religion but in fear to lose his Lordships rich Abby of Kelso with the Demeans and seven and thirty Parish-churches impropriate a small Bishop himself and it not all to be returned to the Church yet the improprlate was in hazzard and so intimated towards the erection of the new Bishoprick of Edenburgh And with this Countess all the chief leading Covenanters in all Designs had their private Consults The honest Duke of Richmond mis-lead by Trahair and almost all the Scots in Court favouring the Covenanters Thus was the King amused to the time that the War commenced Iune 1639. before the King marched to Berwick and the Earl of Arundel made General by Land and Hamilton Admiral by Sea a considerable Fleet with Land-forces likewise of five thousand Foot and sent to the Frith sufficient enough to have reduced the Covenanters onely by hinderiâ—g their Commerce and forreign Trade had he not been false and a considerable Army of a few Scots standing for the King for the present aâ— Aberdene but much suspected since to be designed for themselves But Hamilton keeping intelligence under hand with the Covenanters and his Mother like a Virago riding with Pistols at her Saddle-bowe to encourage them and all his Kindred and Vassals Covenanters and this great Fleet doing no harm onely Colonel Gun was sent Northwards with a Regiment to betray those of the Kings Friends for which he was knighted at London The Scots Army incamped at Dunslow having before scattered in England a cunning Declaration to withdraw the People from assistance of the King alleging their taking Arms was for his Defence against wicked Bishops and their Episcopal War which Declarations were sent into the Kings Camp and divulged even by his Scotish Servants of the Court But the King came and the Treaty began Hamilton leaves his charge in trust to another posts to the Kings Camp promotes the base patched Pacification sudden and upon any terms the Covenanters assured that the Kings Army once disbanded their onely aim it would not be easie for his Majesty in these Times of the general Distemper of both Nations to raise another themselves resolving to keep theirs intire still whereas had but the King marched towards Edingburgh it was generally believed the Scots durst not have opposed him having five thousand the most accomplished Cavalry the prime Gentry of England and sixteen thousand well appointed good Foot The Covenanters not more than two thousand Nags hunting Saddles Scots Pistols no Back nor Breast or Head-piece and not twelve thousand Foot raw and ill armed But here begins their Pacification and ends the Quarrel for that time which was in Iune 1639. Thus much in brief the Particulars follow The Covenanters pretend their first cause of Rebellion was the Service-book imposed on their Kirk by the Kings immediate Authority All Christian Kings being they themselves confess Custodes utriusque Tabulae Nursing Fathers to the Church Episcopi extra Ecclesiam as Constantine is stiled by Eusebius in the first Nicene Council Vos estis Episcopi intra Ecclesiam Ego vero extra And
the Gentry in reference to their Shires these consulted of Propositions for the gâ—nâ—ral Table consisting of Commissioners elected out of the other four Tables which should be put in practice by a blinde Jesuitical zeal of obedience a neâ— form of Government in a Kingdom evermore Monarchical to this day and so they then would call it And the first Dung from this General Table oâ— Sâ—able rather of these unruly Horses was their Covenant and seditious Band pretended to preserve their Religion in renewing their ancient Confession of their Faith and security of the Kings person but aiming really at the destruction of both Concerning this their Confession of Faith 1. First It is observed against the vulgar Errour That the Ministers have been alwayes the Instrumental party subservient to the prevalent faction of the Nobility in all these late troubles as in all former since the first alteration of Religion And when Hamilton and Argyles power vanished it is manifest that the Ministers authority likewise took end having the rise and fall together 2. That the Confession of Faith in anno 1580. upon which the late Covenanters grounded and derived their Covenant in anno 1638. was onely a Negative Confession containing an abjuration of all points of erroneous doctrine of the Romish Church which a Iew Pagan Turk or any except a Romane Papist might have taken being consonant to the Oath of Abjuration here in England imposed upon suspected Recâ—sants 1643. and lately renewed by the Lord Protector though upon different ends And that it was no Covenant containing any Band of mutual defence without and against the Kings consent as this did but onely a Band for the maintenance of the true Religion and the Kings person with the Kings warrant and the Councels and the General Assemblies approbation anno 1590. as their own words bear in the frontispice of this their Covenant 1638. All which it wanted and consequently was a clear illegal combination of subjects against the King their undoubted lawful Supreme Magistrate which is High-Treason by the laws of all kindes of Government And that all strangers to the Scots History may the better apprehend what the Negative Confession was It will not be amisse to set down briefly the reason that moved King Iames to impose the same upon his Scotish Subjects It being inserted in the large Declaration page 57 58 59 concluding in these words To whom with the Father and the Son and the Holy Ghost c. The rest therein after mentioned is forced in by the New Covenanters The occasion of that Confession King Iames the sixth having no kinred left in Scotland of his Fathers side except the Earl of Lenox an aged decreped Man without hopes of issue sent to France for Esâ—re Lord Aubigny near in blood that was to Lenox And being a young Gentleman of a comely personage and sweet disposition he was made first Gentleman of the Bedchamber then Earl of Lenox to preserve the house delapsed by right to the King and then Lord High Chamberlain Duke of Lenox and Privy Councellour with very great affection to boot whom a strong part of the Nobility oppose and set on some bâ—utefeu Ministers to pulpet him a Papist and to be sent into Scotland by the House of Guises in France to pervert the King and subvert the Protestant Religion and got Interest with Queen Elizabeth to side with them The King commends him to Mr. David Lindsay Minister of Leeth who understood French and was by him converted making his publique Recantation in St. Giles Church afterwards the Cathedral of Edinburgh and constantly came to the duties of the Church But this they said was done by dispensation from the Pope so that the King commanded his Chaplain Mr. Craig to draw up that Negative Confession subscribing it first himself then the Duke and after them his whole Houshold All this would not satisfie the Nobles nor their factious Ministers but they seized the King at Ruthen Castle and enforced him to banish the Duke who died shortly after a true Protestant at Paris 3. That the Interpretation which the New Covenanters without any lawful warrant of publique authority put upon the Negative Confession by making it abjure Episcopacy and the five Articles of Perth Assembly anno 1618. was contrary to the former practice of their own Kirk ever since either of them was determined See Grand Declaration page 364. which proves by Acts of Parliament that the Bishops had still votes in Parliament according to former times 4. That the Negative Confession was an un-hand som way for a King to take to suppresse a few Mutinous Ministers appears clearly by common reason and King Iames his own dissallowing of it afterwards in his conference at Hampton Court anno 1603. But his first Ordination thereof was onely pro tempore morte Mandatoris expirat Mandatum unlesse it had been renewed by the present King it could not be loyal 5. King Charles by his Coronation Oath 1633. is sworn to maintain the Church as then it was And all Ministers upon their Admission did take Oath of obedience to their Ordinary Bishops and to the five Articles of Perth by Acts of Parliament so commanded for so many years past at least these should have been removed by Acts of Parliaments before they could be renounced without perjury 6. Whether the Limitation contained in the third Article of the Solemn League and Covenant viz. To preserve and defend his Majesties Person and Authority in the third place and conditionally in the defence of the true Religion and Liberties of the Kingdoms not exprest nor known in the large extent as newly interpreted doth not fetter the subjects Allegiance and open a back door for them to rebel against the King if they imagine he doth oppose it which they conceive to be the true Religion and Liberties though never so falfe and how this can stand with the three and twentieth Article of the large Confession of Faith authorized in both Kingdoms 1645. by acts of Synods Holding forth That Infidelity or difference in Religion doth not make void the just Authority of the Magistrate or free the people from their due Obedience to him this being so how can the Covenanters give answer hereunto But the Title to this New device was thus The Confession of Faith subscribed at first by the Kings Majesty and his Houshold in the year of God 1580. thereafter by persons of all ranks 1581. By Ordinance of the Lords of secret Counsel and Acts of General Assemblies subscribed again by all sorts of persons 1590. By a new Ordinance of Councel at the desire of the General Assembly with a general Band for maintenance of the true Religion and the Kings person and now subscribed in the year of God 1638. by us Noblemen Barons Gentlemen Burgesses Ministers and Commons under subscribing To which the Royall Narration makes these Questions By what authority they durst exact an Oath without him or his
Deputy Magistrate Seeing therein their Title bears evidence against them for in their three first subscriptions is exprest either King Iames his own act or an ordinance of the secret Councel equivalent to regality or at the desire of the General Assembly to intreat it If they had power to command the new taking of an old Oath as they had not what authority had they to interpret it concerning the five Articles of Perth the Service Boâ—k the Book of Canons and high Commission their Predecessours abjuring onely those Romish corruptions of that time near sixty years since but what could not be more evident was taken upon trust with Jesuitical Equivocation to many such Objections The former Confession and Band annexed heretofore was mâ—de in defence of the King his Authority and Person with their bodies and lives in defence of the Gospel of Christ and Liberties of that Kingdom To which they now have added a mutual defence of one another against all opposers the King not exâ—epted nor any for him Nay by two Acts of their own Parliaments Declare all leagâ—es of subjects amongst themselves without the King to be seditious and punishable The Oath of Iames the sixth and ninth Parliament of Queen Mary the Kings consent never granted nor ever asked The fire of this seditious Covenant flaming throughout the corners of that Kingdom the King to appease those passages sends the Marquesse of Hamilton with power of High Commissioner to conclude and determine for the peace of the Kingdom But why a peace-maker Commissioner and not a war-like Commander And if by a fair Imparlance why Hamilton so much reason to be distrusted as before observed unlesse rather to be deceived than to distrust against the advice of some Scotish Lords the Earl of Sterling Secretary of State the Bishops of Rosse and Broken Privy Counsâ—llours Sr. Robert Spotswood Lord President of the Colledge of Justice and Sr Iohn Hay Master of the Robes who came post hither to disswade the King from him and to present the Marquesse Huntley for that service one utterly in Enmity against Covenanters where the other was suspected But the King carried on by fate suffered the weak contribution of the Duke of Lenox his advise though the old Enemy of his house than that a County Lord Huntley should carry it from them both And indeed it was a Royal deputation fitted for King Hamiltons ambition who having lost the Scotish army for the King of Swedes ayd He fell upon secret designes for his own ends obliging all Scots at Court his dependants and by his authority in Scotland he had the means to alien any from the King to himself as he did in his trust cosen the King by granting what the Covenanters desired even to his Crown by degrees To suspend and after to suppresse the Common Prayer and Canons the five Articles of Perth got by Inches from his Father to be confirmed by Parliament and the Covenant authorized with the calling of General Assemblies for votes of Covenanters to censure and Excommunicate the Bishops and to abolish Episcopacy and all the Royal Clergy to be ruined making himself the greatest figure in Scotland and the King his cypher He acting all in the after Warre as the story proceeds to shew in particular But in Iune the sixth day his Commission was read at Dalkieth four miles from Edinburgh where the Covenanters increased devising because some powder landing at the Fryth for supply of the provision of Edinburgh Castle that assuredly the plot was to blow away the Covenant by destroying the Covenanters And in earnest they were to disdain any notice of the Commissioner or his arrand unlesse he came to them where they were fixed with better force than to adventure out of Edinburgh they having openly landed two good ships loaded with Arms and Amunition and then invited him to come thither which he did Being met with the Nobility and Gentry Covenanters and all sides making a lane of the looser sort who were made believe that Popery and Bishops were One with bitter cursings against both and therefore He being setled at Haly-rood House desired the Covenanters to dismisse their Multitude which they did to be eased of the charge And then He demanded first What they would expect from him Secondly What might be expected from them in duty to the King To the first That nothing but a General Assembly and Parliament would please them and so in both they would be their own Judges and for return to any former obedience they acknowledge no dissertion in the least degree from justifying their actions and rather renounce Baptism than loose one Article of their Covenant or rebate one syllable of the literal rigour of it Religion and Laws be at stake They double their guards of the city the Ministers libel the pulpits and send to the Commissioner the Sunday Eve that whosoever should read the English service though in the Kings Chappel should die the death where they were observed and increasing Insolency they send several letters to each of the secret Councel to require them to take the Covenant Therein expressing the comfortable experience they have already of the wonderfull favour of God upon renewing their Confession of their Faith and Covenant their resolution and beginnings of Universal Reformation to God his great glory contentment of his Majesty blessing to the Kingdom and joy of all good subjects And doubt not that your Lordship will both subscribe to the Covenant and be promover to it in the duty of a good Patriot the Office and trust of a Privy Councellour this the time of trial of your affection to Religion the respect of your fame the eyes of men and Angels being upon your carriage the Lord Iesus a secret witnesse to observe and a Iudge hereafter to reward and confesse such men before his Father that take his part before men All and each of these call and cry to God and your Lordship in a cause of so great and singular necessity as you expect at the hour of death to be free of the terrour of God and to be refreshed with the comfortable remembrance of Christ Iesus King of Kings and Lord of Lords The Marquesse now findes this place too hot for him and removes to Dalkieth without adventuring upon the English Divine Service formerly continually used there for twenty years in audience of the Councel Nobility and Judges and here he Proclames his Maiest es gracious Declaration for relieving of their grievances and satisfying of good people in his forwardnesse for maintenance of the Religion professed in that Kingdom His aversnesse from Popery Not to presse the practise of the Service-Book and Canons but in a legal way of proceeding and had ordered the discharge of all acts and Councels concerning them and to indict a General Assembly or Convocation and Parliament to agitate the welfare of the Church and Kingdom The Covenanters afraid that this Justice and clemency might
thing in Religion or Laws and to satisfie not onely their desires but their doubts we do discharge the Serviceâ— Book Book of Canons and High Commission and do annull and resâ—ind all Acts for establishing of them and do discharge all persons from urging the practice of the five Articles of Perth That all persons whomsoever shall be liable to the censure of Parliament General Assembly or any other Iudicatories competent to the nature of the offence That no other Oath be administred for the free Entry of Ministers than that which is contained in the Act of Parliament That the ancient Confession of Faith and Band annexed should be subscribed and received as in the Fathers time that a General Assembly be holden at Glasgow the one and twentieth of November 1638. and a Parliament at Edinburgh the fifteenth of May 1639. Pardon 's all former offences and appoints a General Fast. Dated at Oatlands the ninth of September 1638. And immediately after this Declaration published the Confession of Faith was read and subscribed by the Marquess and the secret Council Then followed a Proclamation for a General Assembly for the amplier Parliament And lastly was claimed an Act of the Council requiring a general Subscription of the Confession of Faith and a Commission directed to divers for taking their Subscriptions And all these were finished and put into an Act of Council heartily and freely subscribed unto the two and twentieth of September 1638. with their Letter of thanks to the King Most sacred Sovereign If ever faithfull and loyal Subjects had reason to acknowledge extraordinary favour shewn to a Nation and in a most submissive and hearty manner to give real demonstration of the grace vouchsafed then do we unanimously profess that such Acts cannot proceed from any Prince saving from him who is on Earth the lively Image of the great God Authour of all goodness for return of so transcendent grace fortified with the real expression of unparalled piety royal inclinations to peace and universal love to all and every loving Subject we do in all humility render our most bounden thanks and offer in testimony thereof to sacrifice our lives and fortunes to your sacred majesties service And much more as could be expressed to which they subscribed and in truth the most rigid Covenanters could not challenge any one particular ever desired by them in any of their Supplications Remonstrances Protestations Declarations written and printed which was not in that gracious Declaration granted to a People who now seeing their Design utterly defeated wildly and madly assisted one Iohnston in reading a most wicked treasonable and yet ignorant Protestation and after printed wherein was Scripture grosly abused the Name of God solemnly invocated to such notorious false ends and to their rebellious courses and Covenant those Attributes of infallibility given which are onely proper to the sacred Scriptures Royal Authority affronted with such peremptory alterations ignorant and sensless reason as may appear upon the view which is very long and tedious and subsigned Iames Earl of Montross for the Noble-men Alexander Gibson for the Barons Potefield for the Burroughs Rollock for the Ministers and Iohnston the Reader hereof in name of all Covenanters c. giving a Copy thereof to the Kings Herald And now they proceed of themselves to elect Commissioners for the Assembly issuing out their Table Orders That every Parish should send to the Presbytery of their Limit one Lay-man a Ruling Elder with equal Vote to the Minister in the Presbytery And by alteration in Election it would happen to the Ministery to be over-numbred in Vote six to one an observation say some of indiscretion in the Ministery to weaken their party but surely they wanted not Brains for evil Designs which they might learn from Master Iohn Calvin in his disciplining Geneva where as there was a Civil Senate so he erected an Ecclesiastical Assembly of twelve simple Citizens and observe his modesty but six Ministers the odds making it more colourable for Calvin their 's for number his for value union in a prepared Conspiracy prevails more than number so these Ministers command all though to the regret of the Communalty whom at pleasure the other suspend from the Communion the very Scepter of their pretended Sion But these Ministers now went another way to work So soon as the Lay Elders came to sit they were refused First because for fourty years none had sate in their Presbyteries Secondly because at the first Reformation they were taken to assist not to equalize in number and so an Innovation Thirdly it seemed strange that Lay-men should chuse the Ministers Commissioners for the Assembly how could they know the Ministers sufficiency that were ignorant of themselves But for the present three Elders prevailed and possessed suffrage Then the Covenanters move the Commissioner to grant Citations against the Arch bishops and Bishops to appear at the Assembly as rei or guilty persons charging them with many misdemeanours But he refusing they presented this Bill to the Presbyters at Edenburgh which October 24. warned them to compeer at the next General Assembly November 21. at Glasgow at which Assembly the Marquess's Commission was read The next day a Declaration or Protestation was presented to the Commissioner in the name of the Arch-bishops and Bishops against the Assembly containing a Nullity of it which was refused to be read and therefore the Commissioner entered Protestation against the Denial and so did Doctor Hamilton for the Bishops then they elect Alexander Henderson the prime and most rigid Covenanter to be their Moderator Then again they come some offered the Declaration to be read which they yet refused untill the Assembly be fully constituted and so they fell to debate the Elections which was handled with much caution and scrutiny as that no man was left standing in the quality of a Commissioner who was not absolute for them and clear of their opinions The Lay Elders much opposed Many Exceptions were urged against the free and legal proceeding of their Session and the very Presbytery of Glasgow the place of their Assembly therein most forward to complain And so was it resented by the Marquess because they absolutely refused to entertain 6. Lords Privy Counsellours named by the King Assesses to his Commissioner in that Assembly nor to allow their Suffrage protesting That were the King himself present he should have but his Vote and not a Negative Vote neither No more than the meanest Shop-keeper that was elected a Lay Elder and had place there And to increase belief of their Diana Covenant they forged a Romish Imposture a Popish trick of deceit A Ministers Daughter one Milchesden distracted by fits they feigned her to be inspired with Divination her Raving tended to the Admiration of the Covenant and her good memory assisting with such Phrases of Scripture and bitter Invectives as the Pulpits used against the Opposers the Bishops the Service-book and Canons Master Rollock
be kept at Edinburgh the sixth of August next where we intend God willing to be personally present and thereafter a Parliament the twentieth of August and there an Act of Oblivion to be passed And that upon their disarming and disbanding of their forces dissolving and discharging all their pretended Tables and Conventicles and restoring to the King all his Castles forts and Ammunition as also his Royal honours and to every one of his good Subjects their Liberties Lands Houses goods and means whatsoever taken and detained since the late pretended General Assembly the King will presently thereafter recal his Fleet and retire his Forces and cause restitution of their Ships and goods since the aforesaid time And since hereby it appears His Majesty intends not any alteration of Religion or Laws He expects their dutiful obedience And he takes God to witnesse that whatever calamities shall ensue by his necessitated suppressing of the Insolent disobedience is not occasioned by him but by their own procurement The Articles of Pacification were these the seventeenth of Iune 1639. 1. The forces of Scotland to be disbanded and dissolved within twenty four hours after the agreement of the Kings Declaration 2. The Kings Castles for Ammunition and Royal Honours to be delivered after the said Publication so soon as he should send to receive them 3. His Ships to depart presently after the delivery of the Castles and in the mean time no interruption of Trade 4. All persons goods and Ships detained by the King since the first of November to be restored 5. No Meetings Treatings Consultations or Convocations of any of the Scots but such as are warranted by Act of Parliament 6. All Fortifications to desist and to be remitted to the Kings pleasure 7. To restore to every one their Liberties Lands houses goods and means whatever taken and retained from them by whatsoever means since the first of November last The eighteenth of Iune the Declaration was signed by the King and these Articles by the Scots with this submission IN Obedience to his Majesties Royal Commands Wee shall upon Thursday next the twentieth of June dismisse our Forces and Immediately thereafter deliver His Majesties Castles c. And shall ever in all things carry our selves like humble and loyal subjects Signed Rothes Dumfirmlin Lowdon Dowglas Henderson Iohnston Now to show how the Scots performed these Articles Observe 1. That at the Scots very publishing of these Articles of Pacification though so infinitely advantagious to them they meet them with their Protestation scandalous and dishonourable to the King 2. They published a scandalous paper Intituled Some conditions of His Majesties Treaty with His subjects of Scotland before the English Nobility are set down here for remembrance So untrue and seditious as was burned by the Hangman They kept in body diverse forces and in pay all their Officers The fortification at Lieth kept up intire as at first They did after the time limitted and expired continue their unlawful meetings upon matters of State Ecclesiastical and Civil contrary to the Laws and Acts of Parliament They enforce subscription of the subject to the late pretended Assembly at Glasgow contrary to the Kings Proclamation They brand all such persons as took arms for the King with the aspersion of Incendiaries and Traytors to God and their Countrey They protest that all the members of the Colledge of Justice and all other the subjects were nor to attend the Session and would null all their Acts as ineffectual 3. They come to a Parliament wherein they deny the most essential and inherent Prerogatives of the Crown striving to alter the constitutions of Parliament and frame of Government as appears by their first Act which was that nothing done or to be done in Parliament should be valid except the form of electing the Articles heretofore observed were altered contrary to former Parliaments and the power of the Articles which have been ever since King David Bruce more then 300. years for the Lords of the Articles prepare all business bring them to the Parliament as appears the fourth Parliament of King Iames the sixth cap. 218. and indeed for eschewing impertinent confusion all Propositions and Motions are to be delivered to the Clerk Register and by him presented to the Lords of Articles which now they will not endure They urge to confound the third Estate in Parliament of Bishops formerly called the first Estate which King Iames the sixth and all his Predicessours before and since the Reformation were careful to preserve as appears anno 1560. when all church Jurisdiction in the persons of Bishops is alleadged to be dissolved And in anno 1587. when all Temporalities of Benefices were annexed to the Crown the Clergy retained still their Vote in Parliament and represented the third Estate see the first Parliament of Iames the sixth 1587 1597. 1609. Nay by a special Act the eighth Parliament of King Iames the 6. It is declared treason to impugne the three Estates to procure the Innovation of the power and authority of the same 3. Estates or any of them and so these men are thereby now guilty of Treason And to the Act of Oblivion they seek to justifie themselves and all their former proceedings and urge an act of Iustification to be recorded in Parliament which in truth is contrary to the nature of an Act of Oblivion as appears in that Act of Oblivion 1563. And whereas by their Article of Pacification they were to restore to the subject Liberty Lands goods c. the binding part of the Act never intended it seems to restore Bishops and Ministers c. They urge that all Scots assistant to the King shall be made equal if not more lyable to the defraying of their pretended charge in the late Expedition so that in this point the King must not onely justifie his subjects Rebellion but contribute his consent to pay their wages Then consider their demands of the King in this Parliament 1. That the Coyn be not medled with but by advice of Parliament 2. No stranger to command or to inhabit in any Castles of the Kings but by their advice 3. No Honour to be granted to any stranger but such as have a competency of Land rent in Scotland 4. No Commissioner of Iusticiary or Lievtenancy but for a limited time They protest against the Precedency of the Lord Treasurer and Lord Privy Seal as not warranted by a positive Law And though these demands answer themselves in the Negative see what may be said to them 1. For the Coyn Certainly it is a prerogative peculiar to the Crown and in any other person High Treason as in all Kingdoms in the world 2. No doubt they malign at the English strangers In good sooth the English did resent the dishonour to have a poor Scot created an Earl of England without a foot of land or a groat in his purse to perk above an English Viscount at home in England 3. It
is very memorative how hardly King James the sixth procured the Post-Nati of Scotland by which they are admitted to all dignities priviledges and offices in England must they have freeâ—dom here and must the English be debarred there o Tempora o Mores 4. How many of themselves at that instant had preferment to hereditable rites of Iudiciary and why must the King be now limited 5. The Chancellour of Scotland holds his precedency without any positive Law why not the Treasurer and Privy Seal the first branch of the Kings Crown is to distribute honours and precedencies as he please But the King having knowledge of these their Extravagancies sent to his Commissioner the Earl of Traquair to Prorogate the Parliament until the second of Iune and if they should presume to sit still then to discharge them upon pain of Treason But if they did yeeld obedience thereto his Majesty was graciously pleased to admit such persons to his presence as they should send to represent their desires and his Commissioner to repair to the King and to bring all the transactions of that Session Against this command they protest and stile it a Declaration of the Parliaments 18. December 1639. WHereas John Earl of Traquair his Majesties Commissioner having closed the Assembly and sitting in Parliament with them did now take upon him without their consent or offence to prorogate the Parliament upon a private warrant this being a new and unusual way without president in this Kingdom heretofore once being convened have continuation by the expresse consent of the Estates We therefore declare that any prorogation made by the Commissioners Grace without consent of Parliament shall be of no force and the actors to be censured in Parliament And knowing that Declarations have been published against us and our proceedings made odious to such 〈◊〉 do not consider that we are not private subjects but a sitting Parliament We therefore declare that whatsoever we might do lawfully in sitting still yet we have resolved for the present to make Remonstrance to his Majesty and some of each Estate to remain still at Edinburgh to attend his gracious Answer And if it shall happen that our malicious enemies do notwithstanding prevail against us we professe our selves free of the outrages and Insolencies that may be committed in the mean time we do our best to prevent confusion and misery And the Committee appointed to expect the Kings Answer were the Earls Lothian and Dalhouse the Lords Yester Balmerino Cranston and Naper for the Barons the Commissioners of the Lothians Fife and Twidale the Burroughs named the Commissioners of Edinburgh Lithgow Sterlin Hadington Dunbar to attend at Edinburgh the return of his Majesties Answer Their Deputies came to the King at White Hall the Earl of Dumfirmlin and the Lord Loudon but coming without warrant from the Kings Commissioner Traquair being a high contempt they were in disdain commanded home again without audience Then comes Traquair and privately consults a whole night with Hamilton and between them was framed a writing a represenration to the Councel of the most considerable matters proposed in that Parliament satisfactory enough to make the wound wider for however Traquair managed his Commission the end of the designe was to foment a war and to engage the King and for the Scots they were prepared And it is most true that a muttering there was in Court against Traquairs treachery for the Arch Bishop of St. Andrews the Bishops of Rosse and Brichen accused Traquair of High-Treason in the grosse miscarriage of his Commission in the General Assembly and Parliament and subscribed the charge the Scots law in such cases bearing poenam Talionis if they could not prove it A strange law against the secutity of Kings certainly treasonable in the making and no where else is practized but in Scotland But upon the whole matter related by Traquair the debate was whether considering the Insolency and height of their demands even in civil obedience it were not fit to reduce them to their duty Then the Question whether by the presence of the Kings Person and acting power of justice there But that was expresly opposed by arguments of policy and other reasons offered in writing with this title Shall the King go to Scotland I wish he may if with honour and safety he can but as the case stands and spirits are affected I see neither 1. THe treaty of peace is by them most falsly interpreted without any regard at all to His Majesties honour 2. The many and palpable violations of the Articles of peace are known to the King 3. It is evident what his Majesty expects at their hands for to let go all the disgraces offered to his Royal authority since the beginning of these troubles what one thing the King hath obtained of them in acknowledgement of so many favours upon their several petitions bestowed upon them 4. Their obstinate resolution to adhere in all points to their Assembly at Glasgow is undeniable witnesse their false and disgraceful glosse upon that Article of the treatie witnesse their oath of adherence to that Assembly since the peace witnesse their protestation against calling of Bishops and Arch Bishops to the Assembly witnesse the violence offered to the Clergy for not adhering to the Assembly even since the peace 5. So the Assembly now to be holden at Edinburgh shall have but one act for all and that shall be the ratification of the Assembly held at Glasgow 6. Now shall the King countenance such an Assembly the very constitution and first meeting whereof is most derogatory to the honour of his Crown while by a mutinous crew of Incendiarie Preachers and a conspiracy of Lay Elders the Prelates of the Church are by meer violence against all authority Law example or reason excluded abjured excommunicated 7. Shall the most Christian Defender of Faith countenance such a conspiracy against God his Church and himself where the most matchlesse Villany that ever was hatched shall be made piety Rebelions conscience and Treason reason all the Loyal and Orthodox Clergy banished most Ignorant and trayterous fire-brands put in their places the Supream power in Spiritual and Ecclesiastical causes violently pulled from the Crown and devolved in the hands of a mixt meeting of Ministers and Lay-men 8. It is high Treason in my minde to conceal from His Majesty that his Supremacy in Elections is in greater security for the Crown in the hands of any whosoever then in the power of such men whose pernitious maximes subjects the Crown to the pleasure of the people whom they have ever since their Reformation set on fire when they have been so pleased and stirred up to Rebellion by their seditious Sermons have countenanced all the commotions against authority in King Iames his reign and robbed the King of the hearts of his Subjects by most trayterous calumnies And now there is not one Presbytery free of Seditious Sermons even since the peace 9. Shall
the King countenance an Assembly where Episcopacy is abjured though the prophetical Government of the Church from Christ and his Apostles the onely support of the Crown and in lieu thereof an Estate erected in the Kingdom Independent from the King which rejects his Supremacy and power in Elections which holds he may be Excommunicated by their Assembly censured and deposed by their Parliament which maintains most treasonable tenets with a discipline which was never yet in a Monarchy without Rebellion 10. Shall the King go to Scotland to do against his Oath at his Coronation to doe against his royal word and promise in open and Printed Proclamations to grant that that in his Declaration he professeth to all the world he never will endure 11. Shall the King go to Scotland where he is not able by power or prayer so much as to do Justice to the oppressed to obtain peace for his own servants exiled as Traytours to their Countrey for adhering to the King to re-establish the Prelates in their places or any one Orthodox conform or Loyal Preacher or professor in any Church or Colledge of this his Native and ancient Kingdom 12. Shall the King countenance that Assembly which is onely free from Gods Laws and his own where all the members are inviolably tyed by Covenant Oath and Band in alteram partem contradiction where deliberation can have no place all parties coming with prejudice and predetermination of the businesse in question 13. And yet this Assembly thus free from all Law and authority so hardly obtained so highly honoured with his Majesties presence howsoever contrary to his conscience and honour shall be the most solemn Assembly that ever was in Scotland and that be a president for England and Ireland 14. Shall the King go to Scotland to break Laws make Laws take Laws at the pleasure of lawlesse Rebells to absolve the Traytours with what Justice to condemn the Innocent with what conscience and both with what honour this is no lesse then to lay royalty at the feet of rebellion 15. Shall the King go to Scotland to hear see and suffer the honour of his Royal Father with the integrity of whole Parliaments the equity of his Laws quarrelled and questioned by those whom his Clemency hath imboldened to all villany 16. Shall the King go to Scotland to encourage the Rebells to futher mischief to discourage all his Loyal Servants and to make it a time never to be faithful to a King hereafter this is as much as to Un-King himself with his own hands 17. Now all this and worse if worse can be shall infallibly fall out if His Majesty go to Scotland for having him in their power they shall either force his approbation of their will or use him as their prisoner for thus they served his Royal Father of happy memory 18. As they wish to be absolved from Treason and have all their Rebellious proceedings justified as fervently must they desire to have the King at home among them 19. And having the King in their power can any man think that so desperate Rebels who have gone on in all this businesse with so high a hand with such contempt of authority with such successe that they have eluded all his Majesties Councels contemned his forces frustrate his Intentions and interpreted all this as Gods blessing upon their good cause I say can any man imagine that having so fair an occasion they will be deficient to themselves and not rather attempt or do any thing to Crown all their knavery with the Kings approbation 20. Now for so Mighty a Monarch to involve himself without any necessity into such a labyrinth of misery as shall presently burst out either upon his Majesties condiscendence to the Rebels or upon his detention by them is me thinks to tempt God 21. At any rate though at the highest that can be authority must be vindicated and redeemed from contempt the life of government is reputation make sure this and the other prospers 22. What will neighbour Princes say and think of the managing of this matter wherein all the honour and eminency of Majesty consists what will not posterity abhorre in all these proceedings if Royal honour for want of Councel or courage shall become a prey to Rebellion 23. Rebellion never leaveth Authority without addition or diminution of dignity 24. Usurped Royalty was never laid down by perswasion from Royal clemency for in armis jus omne regni 25. O that there were found so much Loyalty wisdom and valour in the whole Monarchy as to suppresse the Rebells and put the King out of these straits 26. This is the sorest blow that ever our Religion received and the greatest advantage that ever our adversary had this doe all Protestants owe to the Reformation of Scotland that no Christian Prince shall hereafter trust our profession 27. The King cannot go to Scotland with honour untill the Covenant be abjured the Assembly of Glasgow renounced and all things re-established as they were before the Covenant THE VOTE And upon all It was unanimously Voted To force them to their Duty Whereupon soon after the King resolved to call a Parliament and that it was so called and appointed hereafter let no man Imagine but that besides his Councellours advice his own Inclination was most affected thereto as himself hereafter professeth After this comes four covenanting Commissioners from Scotland Dunfirmlin Loudon Sir W. Douglas Mr. Robert Berkley of Derreyn The King receives a handsom Petition with humble thanks in the general and to be heard in their further desires but absolutely refuse to appear before a Committee of the Council without the Kings own personal presence And to him Loudon makes a long Speech of the Independency of the Parliament of Scotland subject to no Iudicature A Profession of their Loyalty and Affection to the King A Iustification of their Assembly and Parliament agreeable to the Articles of Pacification the Laws and practice of the Kingdom And thereupon they desire that the King would ratifie and confirm their Proceedings and that their Parliament might proceed to determine of all the Articles or Bills brought to them to the establishing of Religion and Peace c. But the Council examining their Commission it was found short of impowring them in any consideration to oblige those that sent them onely they produced a Paper authorizing Dunfermlyn and Loudon therein but their Parliament now not sitting they could have no other and indeed to avoid their clamour it was accepted and they went on Deans answer First for a free Parliament It was answered Not to pass the bounds of the Ecclesiastick and civil Laws to fly at Monarchical Government to rob the Crown of the fairest flowers and to destroy all regal power Dean They assume that liberty by the Kings allowing of their Covenant to which his former Commissioner Hamilton had signed and other Subjects Answer That Covenant subscribed by him is the same Covenant and
Band made by King Iames the sixth 1580. obliging those mutually to assist one another at the Kings command but this Band of theirs made without the Kings consent and excepting him is a cunning Combination against and to abuse the People as if by it they were tied by Oath to joyn in Arms or Rebellion No Covenant in the whole World that ever had left out the Head or had not a Negative voice except in cases of Rebellion as this is Then they were told of their treasonable actions Their provisions of Arms. Their levying Taxes of ten Marks per centum every Mark a Hangmans wages in England thirteen pence half penny publishing seditious Papers burned by the Hangman refusing the Lord Estrich sent by the King to be Governour of Edinburgh Castle committing Outrages upon the Garrisons there Raised Fortifications against the Castle and Inchgarvy imprisoned the Lord Southeck and others for their fidelity to the King delivered up the power of Government of several Towns to a Committee which is High Treason and then to fill up the measure to the brim the King produces their own Letter to the French Kirk to call in forreign aid So then the Covenant the Articles of Perth the scandalous Paper burnt and this Letter is to be particularly expressed and somewhat to be said concerning them This Covenant was accompanied with a Supplication or Imprecation upon Record and witness to posterity against them That we the General Assembly acknowledg that there resteth nothing for crowning of his Majesties incomparable goodness towards us but that the Members of this Church and Kingdom be joyned in one and the same Confession and Covenant with God with the Kings Majesty and amongst our selves and do even declare before God and the World that we never had nor have any thought of withdrawing our selves from that humble and dutifull subjection and obedience to his Majesty and his Government which by the descent and under the Reign of an hundred and sevâ—â— Kings is most chearfully acknowledged by us and our Predecessors That we never had nor have any intention or desire to attempt any thing that may tend to the dishonour of God or diminution of the Kings greatness and authority but on the contrary acknowledg all our quietnes stability and happiness to depend upon the safety of his Majesties person and maintenance of his greatness and Royal authority as Gods Vicegerent set over us for the maintenance of Religion and Ministration of Iustice. We have solemnly sworn and do swear not onely our mutual concurrence and assistance for the cause of Religion and to the utmost of our power with our means and life to stand to the defence of our Dread Sovereign his Person and Authority in the preservation and defence of the said true Religion Liberties and Laws of this Church and Kingdom but also in every cause which may concern his Majesties honour shall according to the Laws of this Kingdom and the duty of good Subjects concurre with our Friends and Followers in quiet manner or in Arms as we shal be required of his Majesty his Council or any having his authority and therefore being most desirous to clear our selves of all imputation of this kinde and following the laudable example of our Predecessors 1589. do most humbly supplicate your gracious Majesty and the Lords of his Majesties most honourable Privy Council to injoyn by Act of Council that this Confession and Covenant which as a testimony of our fidelity to God and loyalty to our King we have inscribed be subscribed by all his Majesties Subjects of what kinde and quality soever The thirtieth of August 1639. How they have faithfully observed this National Profession let the World judg and how they have grounded their Covenant which follows God will judg of their Oath It was presented to his Majesties Commissioners by this assembly That besides many other the true and real causes of so many evils which hath troubled this Kirk and Kingdome might appear First the pressing of this Kirk by Prelates with a Service-book or Common-prayer without direction or warrant from the Kirk and contayning besides the Popish frame thereof divers Popish Errors and Ceremonies and the seed of manifold gross superstitions and Idolatry with a Book of Canons without warrant or direction from the general Assembly establishing a Tyranical power over the Kirk in the persons of Bishops and overthrowing the whole discipline and Government of the Kirk by Assemblies with a Book of consecration and ordination without warrant or authority civil or Ecclesiastical apointing Offices in the house of God which are not warranted by the word of God and repugnant to the discipline and acts of our Kirk and with the High-commission erected without the consent of this Kirk subverting the Iurisdiction and ordinary Iudicatories of this Kirk and giving to persons meerely Ecclesiastical the power of both swords and to persons meerly civil the power of the Keyes and Kirk-censâ—res A second cause was the Articles of Perth viz. The observation of festival daies kneeling at the Communion confirmation administration of the Sacraments in private places which were brought in by a Null Assembly and are contrary to the confession of faith as it was meant and subscribed anno 1580. and divers times since and to the order and constitution of this Kirk Thirdly the change of the Government of this Kirk from the assemblies of the Kirk to the persons of some Kirkmen usurping priority and power over their brethren by the way and under the name of Episcopal Government against the confession of faith 1580. against the order set down in the Book of Policy and against the intention and constitution of this Kirk from the beginning Fourthly The civil places power of Kirkmen their sitting in Session Councell and Exchequer their riding sitting voycing in Parliament and their sitting on the Bench as Iustices of peace which according to the constitutions of this Kirk are Incompatible with their spiritual function lift them up above their brethren in worldly pomp and do tend to the hindrance of the Ministry Fiftly their keeping and authorizing corrupt assemblies in Linlithgow 1606. and 1608. at Glascow 1610. at Aberdine 1616. at Saint Andrews 1617. at Perth 1618. Which are null and unlawful as being called and constitute quite contrary to the order and constitution of this Kirk received and practized ever since the reformation of Religion and withal labouring to introduce novations in this Kirk against the order and Religion established A sixt cause is the want of lawfull and free assemblies rightly constitute of Pastors Doctors and Elders yearly and oftener pro ne nata according to the liberty of this Kirk expressed in the Book of Policie and acknowledged in the act of Parliament 1592. After which the whole assembly with one heart and voyce did declare that these and such other proceedings from the neglect and breach of the Nationall
to have been abjured 3. That if they return to this Kingdom they be used as accursed and delivered over to the Devil and out of Christs body as Ethniks and Publicanes 4. That all evil Councellours be accusable and censurable at the next Parliament conform to the Statute of 4. Jac. and that all persons in this Kingdom entertainer and maintainers of Excommunicated Prelates be proceeded against with Excommunication conform to the acts of this Kirk 5. That seeing this Session or Term is now appointed to sit in prejudice of the people who have been busie for the late defence of their Religion and this Nation and now retired to settle their own affairs and not having fourty dayes warning as legally it ought to be and now but twenty to come Wee Protest that all the Members of the Colledge of Iustice and all other subjects ought not to attend this Session that all their Acts which they shall doe shall be voyd 6. Lastly We Protest to have liberty to inlarge this our Protestation and Reasons and thereupon the Earle of Dalhouse for the Lords Sr. William Rosse for the Barons the Provost of Sterling for the Burroughs and Mr. Andro Ramsey for the Ministers take Instrument hereof Edinburgh 1. July 1639. They that would excuse this Insolent impetuosity of proceeding in the Covenanters so early after the accord and so fair do affirm that by the endeavours which was lately used by the Commissioner Marquesse Hamilton to disunite as they call it and corrupt the chief and most leading Covenanters as namely Argyle Rothes Lindsay Monrosse Lowdon Sr. William Dowglas Mr. Alexander Henderson and others by allurements of great offices And that Argyle offered his Daughter in Marriage with Rothes and Ten thousand pounds portion and to remain forthwith and for ever to Rothes in case Hamilton failed of performance But the Scots meet at their time appointed the sixth of August the General Assembly at Edinburgh continuing till the twenty fourth and there made good to themselves the first Article of the Kings reference to his Commissioners former promise which were in particular Abolishing Episcopacy the five Articles of Perth High Commission Liturgy and Book of Canons And the Marquesse Hamilton designed with new Commission from the King to assent thereto and to Act in other things But he cunningly cast that Imployment upon Traquair whose jugglings together proved false and treacherous to all succeeding affairs of their Soveraigne For after the Assembly the Parliament being prorogued to the twenty sixth of August they then sit And at the beginning debate the Interests to the Election of the Lords of Articles The King heretofore named eight Bishops and they eight Noblemen and these sixteen elected eight Commissioners for the Sherifdoms and eight others for the Burroughs and Corporations And these thirty two and no more had the names of Lords of the Articles and were a Committee to canvasse and correct all Bills before they go to Vote And so the King not to be prejudiced in his Nomination by the avoydance of Bishops the Parliament yeelded to his Commissioner to chuse eight Noblemen for the present bnt voted that hereafter every State should Elect their own Commissioners Thus far they were forward for businesse but then how and in what manner to supply the vacancy of Bishops Votes and how to constitute the Third Estate The Commissioner urged for the King fourteen Laiks of such as were called Abbots and Priors to represent the third Estate which after some alteration was settled and voted into small Barons that represent the Commonalty and then fell upon abrogating former Acts of Indictions of Courts of Exchequer Ward-lands and other things so peremptory to a kinde of Reforming all to a fresh new modeling of a Government of their own without reference to Regality the Commissioner had command from the King to Prorogue the Parliament until the second of Iune next against which they frame a Declaration to be of no effect without consent of Parliament and might sit still but in some shew of duty they for the present would make Remonstrance of their Propositions and proceedings and if by suggestions Informations and Imputations bad effects should follow the world should witnesse their constraint to take such courses as might best conserve the Kirk and Kingdom from eminent confusion And accordingly and as a consequence their Deputies the Earl of Dumfirmlin and the Lord Lowdon present their Remonstrance and the Commissioner Traquair came also to the King to give the account of all not before a select Committee of Councellours but the whole body of the Councel and to hear both parties with very fierce Reproofs Recriminations between them where the deputies their old impudent manner not at all qualifying any mistakes or oversights but absolutely insisting upon direct justification of all and every Act of both Assembly and Parliament in their transactions to the very not onely lessening of the Kings prerogative but over ruling if not destroying of all soveraign authority which nothing but power and force could reduce to moderation or reason and these passages made an end of the moneth September During these Scotish affairs about the middle of Iuly came over hither into England the Prince Elector who the last year had ill successe of his designe into Westphalia where he was beaten and his brother Rupert taken prisoner And now Duke Bernard a gallant Commander lately dead the Prince of Orange advised the Elector to procure assistance of his Uncle the King of England to get command of that Dukes Army And although our home affairs were in great necessity of support here yet the King upon his score encouraged him therein and withall dealt with the French Ambassadour Leiger here to procure his Master into a League of assistance with him Intimating so much to Cardinal Richlien the great manager of the French affairs and Councels and glad sayes one to serve his Majesty and Nephew Quite another way for though a Treaty therein was set on foot yet with no intent or policy in the Cardinal too much to further the effect and indeed but a by shift of our King for the present for how could Richlieu be righty perswaded to it being so lately hardly reconciled for the English account upon the Isle of Rhe and the relief of Rochel and from whence he took rise and resolution of revenge by plots and councels with the Scots in all their Rebellions against the King as you shall see hereafter And in truth even now whilst the Treaty the Palsgrave in November was treacherously advised even by the Cardinals designe to passe disguised through France to the Swedes army but discovered all the way first by our own Fleet at the Downs saluted with a voley of great Guns and so by the ship the like which landed him at Boullen for Paris and after to Lions where he was seized and denying himself arrested and as it was managed by the Elector very perfidious to the
the French and other strangers assistance the Iesuit in particular had combinations with the Covenanters not in love to them but in policy to ruine the right Reformed Religion by setting up the Presbytery and so all Schism to succeed and a Plot was pretended to bring it about The Narrative of this Design was sooner sent abroad than by Master Pryn or the other after him and needs not the credulity of Sir William Boswel 's Relation as to the thing but whether the Indictor devised this Narration and himself onely the Plotter as usual with politick Pretenders is much suspected yet it is confessed to be framed square enough to publick fame to be believed for truth and thus it was for I have met with some different Copies commonly transcribed which yet need not for they were scattered in Manuscript from the very Authours A Noble-man of Boheme Andreas ab Habern-field now become Physician to the Lady Elizabeth the Palsgrave relict made it known by a Friend to Sir William Boswel and by his means sent to the Arch-bishop of Canterbury Most Illustrious and Reverend Lord We have willingly and cordially perceived that our Offers have been acceptable both to his Royal Majesty and likewise to your Grace This is the onely Index to us that the Blessing of God goeth along with you whereby we are the more extimulated chearfully and freely to declare and discover those things whereby the hazzard of both your lives the subversion of the Realms both of England and Scotland the tumbling down of his Excellent Majesty from his Throne is projected Now lest the discourse should be enlarged with superfluous cicumstances we will onely premise some things which are meerly necessary to the matter First be it known to them that this good man the Informer of the ensuing discoveries was born and bred in the pontifical Religion and spent many years in Ecclesiastical Functions At length being judged a fit person for carrying on the present designe by the advice and command of the Lord Cardinal Barbarino he was made co-adjutor to Con the then Popes Nuncio to whom he appeared so diligent and sedulous in his office that hope of great preferment was given to him But he guided by a better inspiration was not wun by those sugar baits and conscious to himself of the vanities of that Religion whereof he had sometimes been a strenuous Defender having also observed the malice of rhe Romish party found his Conscience much oppressed for ease whereof he resorted in his belief to the Orthodox Religion And thought it his best way to reveal a plot tending to the destruction of so many Innocent souls conceiving his minde would better repose should he vent what he knew into the bosom of some confiding Friend This done he was seriously admonished by that Friend to give manifest tokens of his Conversion and to deliver from imminent danger so many innocent souls To this counsel he willingly consigned himself and delivered the subsequent matters to Writing whereby the Articles lately presented to your Grace may be clearly explicated and demonstrated 1 That the main of the businesse may be known it is to be considered that all these Factions which this day make Christianity reel have their rise from the Iesuitical off-spring of Cham which branch it self into four Orders The first are Ecclesiasticks these take into care the promotions of Religious affairs The second are Polititians their office is to take care for the raising of civil combustions in and refoming of Kingdoms The Third are Seculars who are properly designed for to intrude into offices of near relation to the persons of Princes to insinuate themselves into Civil affairs of the Court as Bargains and Sales The Fourth are men of a lower Orb Intelligencers and spies then to creep into the services of eminent persons Princes Earls Barons or the like and endevour to pervert or cheat them A Society of so many Orders the Kingdom of England nourisheth For scarce all Spain France and Italy can yield so great a multitude of Iesuites as London alone Where are found more then fifty Scotch Iesuites there the said Society hath elected for it self a seat of iniquity and hath conspired against the King and his greatest confidents especially against the Lord Arch-Bishop of Canterbury and likewise against both Kingdoms For it is most certain that the said Society hath resolved upon an Universal Reformation in the Kingdoms of England and Scotland And the determination of the end necessarily inferreth a determination of the means For promotion therefore of the undertaken villanny this Society is dubbed with the title of The Congregregation for the propagation of the Faith with acknowledgeth the Pope of Rome for their principal and Cardinal Barbarino for his Substitute and Deputy The chief patron of this Society is the popes Legate who hath special care of the business into his bosom this rabble of Traytours weekly deposite their Intelligences The Residence of this Legation was obtained at London in the name of the pope by whose mediation it might be lawful for Cardinal Barbarino to work so much the more easily and safely upon the King and Kingdom For none could so easily circumvent the King as he who should be palliated with the popes Authority Seignior CON was at that time the Popes Legate the Universal Minister of that conjured Society and a vehement promoter of the plot whose secrets as likewise those of all other intelligencers the present Informer of all these things did receive and dispatch as the business required CON tampered with the chief men of the Kingdom and left nothing unattempted by which he might corrupt them all and incline them to the Romish party he enticed with many various baits the very King himself he sought to delude with gifts of pictures Antiquities Idols and such like trumperies brought from Rome which yet prevailed nothing with the King Thus familiarly entertained by the King oft at Hampton-Court and at London he was intreated to undertake the Cause of the prince Palatine that he would interpose his authority and by Intercession perswade the Legate of Colen that the Palatine in the next Diet for the Treating about peace might be inserted into the conditions which hee promised but performed the contrary He intimated indeed that hee had been solicited by the King to such an effect but did not advise such consent lest peradventure the Spaniard should say that the Pope of Rome did patronize an heretical Prince In the interim CON smelling from the Arch Bishop the Kings most Confident that the Kings minde was altogether pendulous and doubtful resolved to move every stone and bend all his strength to gain him to his side being confident hee had prepared the meanes For he had a command to make offer of a Cardinals Cap to the Lord Arch-Bishop in the name of the Pope of Rome and that he should allure him also with higher promises that he might corrupt his sincere minde Yet
prevailing lessen the Army the souldiers mutiny by under hand applaud of their Commanders who being â—nabled openly appear Cashiering such as were too much Parliamentary an hundred Officers and more assisted by two in every Regiment selected Agitators forâ— the rest who intend a Democracy These seize the King indulge him with specious promises and frame propositions as to provide for the King and themselves and the Commonwealth which mollifies them into the Kings favour Taking boldnesse to declare envies on the Parliament accusing divers Members of High Treason endeavouring to dissolve them in seeming shew to Act for the Kings Interests The Army rises against the Parliament and both the Speakers fly to the Camp the City and Parliament prepare for defence but flagging their tail they deliver up themselves to the discretion of the Army and the Speakers are restored some members the Major and his Aldermen are imprisoned for High Treason but are dismissed impune A new Lieutenant set over the Tower of London a new model of the Militia and admiralty Thanks and payment voted for the Army but whether the Acts of the Camp or Ordinances of Parliament should be most prevalent holds a long debate which puts some Members to flight And most men at a gaze whether to elect Oligarchy or Democracy alike against the Presbytery Aristocracy and also against Monarchy and the King However Proposals are sent to the King in pretence of peace but in earnest to insnare him which he answers cautelously as referring rather to the Armies advice from whom He was forthwith aliened by impressions of fear from the Agitators in the Army and so cheated into a flight from Hampton Court to the Isle of Wighâ— designed so by his greatest enemies from whence He sends Concessions to the Parliament upon which he desires to treat but is brought to such extream overtures as that the Scots Commissioners at London absolutely oppose and so he was straitned struggling to satisfie discordant Interests and discovering his Inclination He was suddenly secured into close Imprisonment the Agitators are soon reduced into Order and the whole faction of Oligarchy railagainst the King in Parliament demand and obtain votes against any further commerce with him surreptitiously obtained of the Commons House but by menaces from the Lords not without Declarations of calumny upon the King published and preached to some Parishes and cunningly extort a few gratulatory Petitions of the people but coldly of all which notwithstanding the King is cleared by severall Apologies which wrought so as that the people began universally to resent the indignities done to the King and petition to settle again on foot the treaty with him over reasoning the mindes of the most Parliament Members And first Petitions from the County of Essex then from Surry and at last for the most of the other without prevailing some begin to Arm and in their Ensignes to be read in Capital the Liberty of King and People The Navy revolts to the Prince now beyond the Seas The Scots resent the Kings durance and make an Invasion by the Marquess Hamilton who is taken prisoner and their Army defeated and pursued home where in the midst of Domestick forâ—es raised against them by Argyle and the English Army also their foraign enemy that poor Nation was fain to submit to mercy and to the future effects of this conjoyned power Some other Insurrections also here at home not lasting out their besiegers were reduced which successes falling out thus on land the former Ships revolt from the Prince yet the Parliament now at liberty by the Armies Imployment abroad repeal the former votes of Non-address to the King and resolve to treat again with him at Newport in the Isle of Wight and necessary servants sent to him and some assistance of Councel but such was his admired wisdom and eloquence He alone discussed all Arguments And in the midst of the Treaâ—y the Parliament demand Ormonds Commission the Kings Deputy in Ireland to be recalled carping at the Kings answers though he grants many things unexpected and demands somewhat for himself easie enough for honest men to condescend unto which introduced great hopes of an happy issue but is choaked by the wilful faction pretending to joyne in their Desires until they had incited the Common Souldier against the peace and to demand the King to punishment And thereupon rendevouz near Londonâ— and Remonstrate against the peace and approved in a Council of war and exhibited to the Parliament but the Commons house incline to the Kings concessions which put the Army to a suddain seizure of the Kings person and bring him prisoner to London and enquarter round about the Parliament who yet debate concerning the King and vote that the Kings Concessions are a good foundation for setling a peace some principal Commanders herewith displeased beleaguer the houses of Parliament and Imprison certain Members and others are driven a way and the rest of the members now in power wrest Authority to themselves dependant on the Souldiery and determine publique affairs of punishing the King confirming the votes of no more address to him and anul such other and promise more reflecting on his life And erect a Tribunal of Subjects one hundred and fifty Iudges for that black deed to which the house of Lords dissent and reject the Commons vote which notwithstanding is confirmed and prosecuted for the Kings Tryal by a President oâ— an High Court of Iustice The Presbyterian Ministers declaim and the Scots protest against it The States of Holland Interpose The Lords offer themselves Pledges for the King The people murmur but in vain Mr. Peters in his pulpit animates the Iudges witnesses and Articles are publiquely cited against the King who is convented and accused he demurs to the authority of the Court which the president affirms to be denied from the people that chuse the King of England which the King denies He is convented the second and third time and reasoneth against the authority of the Court But he is prevented by the President with rebukes He is convented the fourth time and refuseth to submit to the Authority of the Court and craves leave to speak with the Members of both houses The President in a premeditated speech prepares to sentence of death which he commands to be read the Iudges rise up in approbation thereof Souldiers take him away and mock at him Inhumanely His behaviour magnanimous and prudent and prepares himself to undergo this bitter cup. The Iudges consult of the manner and time of his suffering whereto he is led forth His speech upon the Scaffoâ—d defends his Innocencie but submits to the justice of God pardons his Enemies pities the Kingdome points out the Errors of the factious shews them the way of peace professes to die a Protestant and is beheaded in monstrous manner they seize his writings Only his excellent Book is preserved to the Light The sadness of the people And ending in his Character He dead the
Laws and Lives of others are assailed That none presume to call his Son and heir King nor to be mentioned in prayer Monarchy is attached the power of the Parliamentary Lords is abrogate the Major of London denuded the Council of the City changed and their own creatures introduced the Law against schismaticks repealed the Preachers are defrauded and threatned Countesses committed Noblemen executed the Nation stiled a Common-wealth but the power contracted in a few who erect an Oligarchy for themselves and are envied of the Democracies and take Arms encouraging the Oligarchies Enjoyn submission to the Government appoint Thanksgiving daies to God for their success and thereby are Invited to the City feast whom they requite with the Kings New Park and sell his householdstuff houses lands and all and yet not satisfied they burthen the people with Taxes and invade Ireland and conquer it and after Scotland This in brief the story follows And now the Parliament Assembled Mr. Iohn Glunvile speaker as was resolved this day the thirteenth day of April Entring their first business of the Earl of Strafford good services in Ireland who was led in to the house of Lords by two of their own as presenting him the more eminent for what he had done in Ireland speedily effectually Obtaining of the Irish the grant of four Subsidies for maintenance of Ten thousand foot and fifteen hundred Horse which might be a pattern in preparation for the English supplies And an accompt was given to the Lords of the Scots letter sent to the French King for it being Examined by the Lord Cotington Secretary Windebanck and the Atturney General Loudon conâ—essed the hand writing to be his prepared in a readiness before the late pacification at Barwick but no use was ever made thereof but supposed Nevertheless Loudon stood committed till further evidence might condemn or clear him The Parliament not very forward to fall upon the necessary business of supplies To quicken them the King by message represents to the house of Commons many particular Insolencies intolerable with which the Scots had heated him And that for their assistance answerable to the present occasion so much concerning him and the honour of this Nation he would acquit his claim of ship-moneys besides due satisfaction to all their demands This offer discovered to them the Kings extremities and how they pricked which would serve their turn in demanding the more of him And therefore they expect to be assured in these particulars which they well know would spend so much time in arguing that the Kings necessity might undo him and yet they would not be otherwise relenting For clearing the Properties of the Subject For establishing true Religion For priviledge of Parliament These were the grounds of former differences so often discussed whether the Kings supply or the Subjects sufferings should be first considered and now it took up sundry debates and several conferences of both Houses ere the Lords could Master it among themselves for the King the Commons were resolved the next to yield to him from their own intents first But coming to the Question how much might serve the present Expectation Secretary Vane told them by Command from the King Twelve subsidies would serve the turn and so it might for he had such authority to demand so much being double the Kings desire which Vane with indirect intention was known willingly to mistake and it took the effect firing them into so much fury and their compliance so desperate as that the Iunto advise the King to break up their sitting and so the fiâ—t of May after two and twenty daies they were dissolved Nor need we lodge the advice upon a Iunto to councell the King herein It was the common consent of the Privy Council openly concluded debate there needed none the frequent discourse of the publique observators fore saw so much and the Parliament found the Kings necessities so enforcing by which means they were resolved to draw advantage to themselves though prejudice to him For to think as is supposed that the Luxuriance of the Kings perogative being detrected or any other Spontaneous concessions could have calmed their animosities is much mistaken for it is truely observed that the house of Commons meant that morning to vote against the war with Scotland and to blast that design to which they were so much indisposed however hazardous to the Kings honour and the necessities of his affairs which was conceaved now at the point of time to resent and to prevent by renewing the present intention and so the Arch Bishop is to be cleared as the main adviser for both he and the Earl of Strafford in the next Parliament by their answers were forced to defend themselves from that occasion But though the Parliament break up yet the Convocation of Bishops sat still from their first meeting by writ the twentieth of February last and might no doubt do so with Commission April 15. after to act propose deliberate and conclude such Canons and Constitutions as they conceived conduceable to the peace of the Church During the session of that Parliament necessarily to be now revised by a new Commission to continue the Convocation for the conclusion of such matters then in treaty amongst them though it became a doubt whether they might not sit in Convocation still the Writ which called them having no limitation but during the Kings pleasure which was not as yet otherwise signified and the difference of the Writ and the Commission was by Commissioners considered and thus subcribed That the convocation called by the Kings Writ was not to dissolve but by the Kings Writ notwithstanding the dissolution of the Parliament The tenth of May Finch Manchester Littleton Banks Heath Sheffield and so was the old Convocation armed with a new Commission but not well armed against Lilburns Libels or the Riot of Rakehels upon Lambeth house which followed and the King was fain to set a guard about Westminster Abby during their whole time of sitting In much distresse besides well observed and in danger of the Kings displeasure if they rose of the peoples fury if they sat to be beaten up by Tumults while at work and beaten down by the next Parliament for doing the work and obnoxious to the last of evil tongues for all their good intents and to their pens too upon the main score not so much of the Bishops doing not well as of being Bishops to do any things such was the fate of the Prelates now to be under censure of the Presbyters with such prejudice to either as the contest of endeavouring to satisfie the world made the wound upon either side more wide especially if you take in for good Arguments the common fame of every Libeller As for the main It must not be supposed that the question began but now to be maintained for the Divine Right on which Bishops were founded Many writ for their defence in Queen Elizabeths time Dr.
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
here and my eternal happiness hereafter through Jesus Christ our Lord in whose Name and words I conclude Our Father which art in Heaven c. The Petition of the Earl of Strafford unto the Lords before he died To the Right Honourable the Lords Spiritual and Temporal in this present Parliament assembled The humble Petition of Thomas late Earl of Strafford sheweth That seeing it is the good will and pleasure of God that your Petitioner is now shortly to pay that dutie which we all ow to our frail nature he shall in all Christian patience and charitie conform and submit himself to your justice in a comfortable assurance of the great hope laid up for us in the mercie and merits of our Saviour blessed for ever Onely he humbly craves to return your Lordships most humble thanks for your noble compassion towards those innocent children whom now with his last blessing he must commit to the protection of Almightie God beseeching your Lordships to finish your pious intentions towards them and desiring that the reward thereof may be fulfill'd in you by him that is able to give above all we are able either to ask or think Wherein I trust the Honourable House of Commons will afford their Christian assistance And so beseeching your Lordships charitably to forgive all his omissions and infirmities he doth very heartily and truly recommend your Lordships to the mercies of our heavenly Father and that for his goodness he may perfect you in every good work Amen Tho Wentworth Some design there was no doubt of delivering the Earl of Strafford by escape as appears by examination of Sir Will. Balfore Lieutenant of the Tower who says he was commanded to receive Captain Billingsley into the Tower with an hundred men for securing of the place and to be under his command but coming thither Balfore opposeth his entrance and therefore the Earl expostulates with him by way of advice of the danger to deny the Kings commands to whom the Lieutenant said that there was a certain discovery of his intended escape by examination of three Women Goodwives of Tower-street that peeping in at his Gallery-doorkey-hole where he was walking with Billingsley they heard him advise therein by ascertaining his Brothers ship to be in readiness which was fallen down on purpose below in the River that they three might be there in twelve hours that if the Fort were but secured for three or four months there would come aid enough and that there was nothing to be thought upon but an escape and much more broken speech to that purpose To which the Earl answered that he had discourse with Billingsley thereabout but meant it as by the Kings authority to be removed to some other Castle and confessed the most of the Womens relation Besides the Lieutenant's examination that the Earl of Strafford sent for him four days before his suffering perswading him to assent to his escape for twenty thousand pounds to be paid and a Mariage of his Daughtâ—r to Balfore's Son And because the memory of this brave man may live for ever read his Character from the King his Master whose distinction concluded his death to be more safe then just I looked says the King upon my Lord of Strafford as a Gentleman whose great abilities might make a Prince rather afraid than ashamed to imploy him in the greatest affairs of State For those were prone to create in him great confidence of undertakings and this was like enough to betray him to great errours and many enemies whereof he could not but contract good store while moving in so high a sphere and with so vigorous a lustre he must needs as the Sun raise many envious exhalations which condensed by a popular odium were capable to cast a cloud upon the brightest merit and integrity Though I cannot in my judgement approve all he did driven it may be by the necessities of times and the temper of that people more than led by his own disposition to any height and rigour of actions Yet I could never be convinced of any such criminousness in him as willingly to expose his life to the stroke of justice and malice of his enemies I never met with a more unhappy conjuncture of affairs than in the business of that unfortunate Earl when between mine own unsatisfiedness in conscience and a necessity as some told me of satisfying the importunities of some people I was perswaded by those that I think wished me well to chuse rather what was safe then what seemed just preferring the outward peace of my Kingdoms with men before that inward exactness of conscience with God And indeed I am so far from excusing or denying that compliance on my part for plenary consent it was not to his destruction whom in my judgement I thought not by any clear Law guilty of death That I never bare any touch of conscience with greater regret which as a sign of my repentance I have often with sorrow confessed both to God and men as an act of so sinfull frailtie that it discovered more a fear of man than of God whose name and place on earth no man is worthie to bear who will avoid inconveniences of State by acts of so high injustice as no publick convenience can expiate or compensate I see it a bad exchange to wound a mans own conscience thereby to salve State-sores to calm the storms of popular discontents by stirring up a tempest in a man 's own bosom Nor hath Gods justice failed in the event and sad consequences to shew the world the fallacie of that Maxim Better one man perish though unjustly than the people be displeased or destroyed In all likelihood I could never have suffered with my people greater calamities yet with greater comfort had I vindicated Strafford's innocencie at least by denying to sign that destructive Bill according to that justice which my conscience suggested to me than I have done since I gratified some mens unthankfull importunities with so cruel a favour And I have observed that those who counselled me to sign that Bill have been so far from receiving the rewards of such ingratiatings with the people that no men have been harassed and crushed more than they He onely hath been least vexed by them who counselled me not to consent against the Vote of mine own conscience I hope God hath forgiven me and them the sinfull rashness of that business To which being in my soul so fully conscious those judgments God hath pleased to send upon me are so much the more welcom as a means I hope which his mercie hath sanctified so to me as to make me repent of that unjust act for so it was to me and for the future to teach me that the best Rule of Policie is to prefer the doing of justice before all enjoiments and the peace of my conscience before the preservation of my Kingdoms Nor hath any thing more fortified my resolution against all those violent importunities which since
oppressing theirs nor were those Lords and Gentlemen which assisted me so prodigal of their Liberties as with their Lives and Fortunes to help on the enslaving of themselves and their Posterities As to Civil Immunities none but such as desire to drive on their ambitious and covetous Designs over the Ruines of Church and State Prince Peers and People will ever desire greater Freedoms than the Laws allow whose Bounds good men count their Ornament and Protection others their Manacles and Oppression Nor is it just any man should expect the Reward and Benefit of the Law who despiseth its Rule and Direction losing justly his Safetie while he seeks an unreasonable Libertie Time will best inform my Subjects that those are the best Preservers of their true Liberties who allow themselves the least licentiousness against or beyond the Laws They will feel it at last to their cost that it is impossible those men should be really tender of their Fellow-subjects Libertie who have the hardness to use their King with so severe Restraints against all Laws both Divine and Humane under which yet I will rather perish than complain to those who want nothing to complete their mirth and triumph but such Musick In point of true consciencious tenderness attended with humilitie and meekness not with proud and arrogant activitie which seeks to hatch every Egg of different opinion to a Faction or Schism I have oft declared how little I desire my Laws and Scepter should intrench on Gods Sovereigntie which is the onely King of mens consciences and yet he hath laid such Restraints upon men as command them to be subject for conscience sake giving no men libertie to break the Law established further than with meekness and patience they are content to suffer the Penalties annexed rather than perturb the publick Peace The truth is some mens thirst after Novelties others despair to relieve the Necessities of their Fortunes or satisfie their Ambition in peaceable times distrusting Gods Providence as well as their own merits were the secret but principal Impulsives to these popular Commotions by which Subjects have been perswaded to expend much of those plentifull Estates they got and enjoyed under my Government in peaceable times which yet must now be blasted with all the odious Reproaches which impotent malice can invent and my self exposed to all those Contempts which may most diminish the Majestie of a King and increase the ungratefull Insolencies of my People For mine Honour I am well assured that as mine Innocencie is clear before God in point of any Calumnies they object so my Reputation shall like the Sun after Owls and Bats have had their freedom in the Night and darker times rise and recover it self to such a degree of splendour as those feral Birds shall be grieved to behold and unable to bear For never were any Princes more glorious than those whom God hath suffered to be tried in the Fornace of Afflictions by their injurious Subjects And who knows but the just and mercifull God will do me good for some mens hard false and evil speeches against me wherein they speak rather what they wish than what they believe or know Nor can I suffer so much in point of Honour by those rude and scandalous Pamphlets which like Fire in great conflagrations flie up and down to set all places in like flames as those men do who pretending to so much pietie are so forgetfull of their Dutie to God and me By no way ever vindicating the Majestie of their King against any of those who contrary to the Precept of God and President of Angels speak evil of Dignities and bring railing Accusations against those who are honoured with the name of Gods But 't is no wonder if men not fearing God should not honour their King They will easily contemn such Shadows of God who reverence not that Supreme and Adorable Majestie in comparison of whom all the glorie of Men and Angels is but obscuritie yet hath he graven such Characters of Divine Authoritie and Sacred Power upon Kings as none may without sin seek to blot them out Nor shall their black Veils be able to hide the shining of my Face while God gives me an heart frequently and humbly to converse with him from whom alone are all the Irradiations of true Glorie and Majestie There was ever and anon some occasions offered in the Commons House against Bishops and I finde one Master Thomas to start up in confirmation of what was said there before when they voted the Bishops out of the Upper House and now he explains himself whose Speech in some Points may be observed He takes a View and Examination of all the former Actions of Bishops in Parliament from the Year 1116. to this this time in the several Reigns of three and twenty Kings and Queens of this Kingdom how obnoxious they have been to Prince and People and therefore not fit or convenient that they should continue Members of the Higher House in which they have been said he so disloyally and traiterously affected to Regality and no less mischievous and pernicious to Church and Common-wealth Then he ravels into all foreign Records whereout he could pick any personal Delinquency of any Bishop and from thence falls upon such others in the Reigns of English Sovereigns But as to their Interest in Parliament he acknowledges them from the first Parliament Anno 1116. but he would have them now considered not an fuerunt but an profuerunt and so not to debate an factum but an fieri debuit if bad the longer the worse Antiquity without Truth is but ancient Errour for Henry 1. an Usurper upon Robert his elder Brother admitted them in the Upper House to justifie hisTitle to the Crown They advanced King Stephen another Usurper though they had formerly sworn to Maud the Empress endeavouring to salve it by bringing in the Salique Law into this Kingdom And tells the story of Thomas Becket against Henry 2. that although the Papists adored him as a Saint Martyr yet the Doctours in Paris did debate whether he were damned therefore avowing that he deserved Damnation for his Contumacy towards the King being the Minister of God That Bishop Longchamp Governour or Viceroy for Richard 1. absent in the Holy War Rex Sacerdos who for his Sacrilege and barbarous Misdemeanours being taken in Womans Apparel velâ—t delicata Muliercula was banished And remember the story of the Bishop of Bavois in France taken Prisoner in his Coat of Mail was by that King sent to the Pope with a Vide an tunica filii tui sit an non That Arch-bishop Hubert advanced the Usurper King Iohn rejecting Arthur his eldest Brothers Son and yet at last deprived Iohn of his Life and Kingdom But herein Mr. Thomas is mistaken for Hubert died ten years before King John That Henry 3. and his eldest Son the Prince were forced by Stephen Arch-bishop of Canterbury to swear to be governed by four and twenty Noble-men
contrary to the rights and power of all Monarchical Authority and also the duty allegeance and consciences of all loyal Subjects which with grief we take to heart as faithfull and loyal Subjects ought to do The Catholick Religion suppressed and put down in England and the Catholicks persecuted with all rigour even to death and the like have the Puâ—itans of this Kingdom threatned to have brought hither That there is a Law against Catholicks in this Countrey whereby the Kingdom hath been often impaired and ruined with persecutions by means whereof the Catholicks are made uâ—capable of any Office or Place of commodity or profit to the great and extraordinary decay of the Catholicks in their Estates Education and Learning That the Goverment of the Kingdom is wholly in the hands of strangers who in their beginning are generally poor of birth and means and very quickly become Noblemen and men of great Estates by oppression and ruinating the poor Natives That there hath been great threatnings of late of sending great Scotish Forces with the Bible in one hand and Sword in the other to force our consciences or end our lives besides our private report of a sudden surprisal and cutting the Catholicks throats intending which way we know not but it hath been both written and spoken by several Protestants and Puritans That the Catholicks are not allowed to have any Arms or Munition as the Protestants and Puritans were but stood like dâ—admen not able to defend themselves in such desperate Dangers All which being by them considered they saw no way but to attempt to seize upon Arms where they could get them to save their lives maintain the King and Queen their Religion and Countrey It is true that for the first Days horrid Rebellion and Butchery the Irish did forbear the Scots Plantation there knowing their good Natures to be such as to sit still and see the English destroyed so they might hope to escape and to have more room for Colonies of their own Nation it being more easie for the Irish to deal with one Nation than with both and they knew that the Scots had then in Scotland some formed Forces standing which in few hours might be transported and so to distract them before their intended progress into Rebellion To that end for a time they were spared with life but not with Gudes and Geer and so â—ad leave to return to Scotland a worse transmigration than into the other World Some pretence they make declaring in the sight of God and the World their Intentions and Resolutions to the last Man with their Lives Estates and Fortunes to endeavour the advancement and preservation of his Majesties service and Interest in that Kingdom and of all those whoever that prosecute his quarrel having no other Design or Intent but onely the free exercise of their Religion On the contrary it was wonderfull to observe what Irritations stirred up the English to revenge the Death of the Massacred and to defend the lives of those that survived A Mass of Money 300000. pounds sterling was soon raised in England but otherways disposed and great Contributions for pay of the Souldiers and Provisions and many thousands of English prepare for that War And yet so eminent was the divine wrath over England that even upon this very account our Incongruities and Feuds at home were inflamed which amongst others how intense soever yet soulder a peace for some interim Hereupon those that aimed at Innovations infused into mens mindes scruples and suspitions and though the King most intent to suppress the raging cruelty of that Rebellion by his personal hazzard to scourge their insolencies the Parliament would not consent that the War be mannaged by his Authority nor to trust the Souldiers with their Allegeance to the King nor any of them that had served him in the Scotish Expedition but such as themselves affected and he disgusted yet rather than the War should linger on those Differences he submitted to the joint authority of mannaging the same and so Patents and Commissions were signed by both King and Parliament leaving himself without power either to make peace or grant them pardon without the Parliaments consent And so by this concurrence of Affairs concerning the Rebells and mischievous Distractions in England ripening into a civil War the Parliament seize upon the collected sums of hundreds of thousand pounds for Ireland and two or three Regiments raised for that service they convert to the suppressing of the Kings War against them nay the very Benevolence begged for the relief of the perishing Evangelius they turn into pay for their Souldiery Though the Kings Souldiers having seized on some provisions sent by the Parliament towards Chester as but designed for Ireland the King upon complaint soon restored it for that service And although there appeared no evidence of truth it was rumored to the Kings dishonour that he had been Authour of that Rebellion which the King endeavours with greater validity of Reasons to retort upon the Faction of some Members of both Houses Notwithstanding these Traverses hindered not our Auxiliaries to defeat the Irish by fire devastations and slaughter of some hundreds of thousands of the Natives and to wilder that Kingdom far and near which happened alike pernicious to our selves when afterwards that the civil War in England was at the heighth victuals provision cloaths and pay failing our Souldiers in Ireland it is beyond the reach of expression how miserably our Countrey-men suffered there and the Parliaments help failing their daily Invocations for relief the Privy Counsellours of that Kingdom Commanders and Souldiers by peâ—itionary Letters to the King earnestly beg leave to depart and to be remanded any where else save against such an Enemy as Hunger The King either for necessity or prudence the Scots coming into the Parliament he being thereby reduced to an inequality of fight here at home makes a Cessation with the Irish for a year onely and so endeavours a peace to ensue leaving sufficient Garisons behinde the Souldiers return for the Kings assistance whose part began to totter But the Scots party in Ulster refuse to be bound by the Cessation and some English in Conaught and Ulster of a like conniving Faction But the Lord Inchequin Commander in chief of the Munster Forces comes over with some thousands to the Kings aid but not well resenting his entertainment withdraws himself into Ireland and gains all the Kings party of Cork and Munster to the Parliament and to a detestation of the Cessation they instantly sending him and the Scots Forces fresh aid of money and provisions Against whom appeared three several parties though conjoyned in enmity to the English the Popes Nuntio Owen Roe and the other under command of Preston and Taff the last more moderate endeavouring the compliance with the King to confirm the Peace yet were over-born by the Popes Bull against the Cessation and Peace and so deterred their Souldiers from their fidelity and Colours
all Irish Papists many of the chief Commanders now in the Head of the Rebells have been licensed to pass thither by his Majesties immediate Warrant His Majesty therefore having used all possible ways to prevent it he would be resolved if this Speech were so delivered by Master Pym that they review upon what information it was grounded and so to be found false and the King injured or the King to be assured by whose means his Authority has been so highly abused as to be made to conduce to the assistance of that abhorred Rebellion and so to see himself vindicated Febr. 7. To this Message they justifie the Authour Master Pym what he said to be the sense of the House and ordered to be printed and that they are so advertised had your Majesties Warrant and that some others have been staid and are yet in safe custody and named these to be the Lord Delvin and four others in his company and one supposed to be a Priest Colonel Butler Brother to the Lord Miniard now in Rebellion and Sir George Hamilton all Papists and another the Son of the Lord Nettersfield whose Father and Brother are now in Rebellion And are sorry that his Majesties extreme caution therein hath been so ill seconded by his Ministers of which they beseech him to prevent the future dishonour to his Majesty and mischief to the Kingdom Febr. 10. To this the King replies Whether such a general Advertising be ground enough for Master Pym's Speech and their positive Affirmation and challenges them to name any so warranted which he is assured that they cannot and bids them lay it to heart how this their Authority may trench upon his Honour in the affections of his good people as if not sensible enough of that Rebellion so horrid and odious to all good Christians by which in this Distraction what Danger may possibly ensue to his person and estate and therefore expects their Declaration to vindicate his Innocency and Honour And as for the Persons named Butler and Nettersfield had their Passes of his Majesty in Scotland long before any Restraint here being assured of Butler's loyal affection to his service and Uncle to the Earl of Ormond approved faithfull and both Protestants and of Nettersfield there never had been any the least suspition Nor did the King know of their Order of Restraint till Hamilton's stay who was the last that had any Licence And if any had been Papists yet of known integrity they may remember that the Lords Justices of Ireland declared in their Letters that they were so far from owning a publick Jealousie of all Papists that they had armed divers Noble-men of the Pale that were Papists and therefore expects their Declaration for his Vindication as in Duty and Justice they ought to do This he required but that they would not do and the King must sit down by the loss and rest so satisfied Nay they never left clamouring till he had turned out Sir Iohn Byron and put in Sir Iohn Coniers at their Nomination to be Lieutenant of the Tower of London And then they proceed to their Nomination of several fit persons for Trust of the Militia in their respective Counties And passes an Act for disabling all persons in Holy Orders to exercise any Temporal Jurisdiction or Authority as if no men of Religion were fit to do Justice He tells them by Message that to satisfie and compose all Distempers he will by Proclamation require all Statutes concerning Recusants to be put in execution That the seven condemned Priests shall be banished and all Romish Priests within twenty Days to depart the Kingdom That he refers the consideration of the Government and Lituâ—gie of the Church wholly to the Houses And offers himself in person to the Irish War Again the Parliament are at their five Members and Lords and Commons petition that though your Majestie â—inde cause to desert their Prosecution yet in their Charge the whole Parliament is imputed and therefore desire the King to send the Informers against the said Members with their suggestions to the Parliament to be proceeded as in 37 38 Edward 3. Thus forward they are and the Parliament begin to ordain the power of the Militia for safeguard of the Parliament Tower and City of London under the Command of Serjeant Major General Skippon approving all his Orders and Commands already therein by former Directions and now they establish him therein declaring that if any person shall arrest or trouble him for so doing he doth break the Privâ—leges of Parliament violate the Liberty of the Subject and is thereby declared an Enemy to the Common-wealth No more mention of King or Kingdom And they petition him to settle the Militia according to their Nomination of particular persons in Trust therein for all the several Counties To which the King respites till his Return being now to conduct the Queen and the Princess Mary to Dover for their Voyage into Holland Which they answer is as unsatisfactory as an absolute Denial pretending that the Irish endeavour to invade England with assistance of the Papists here Febr. 22. The Lord Digby for some passages heretofore to prevent the Censure of the Parliament was fled beyond Seas and had written three Letters one to the Queen and two others to Secretary Nicholas and Sir Lewis Dives which the Parliament intercepting and opening very maliciously â—omenting the Jealousie between the King and his People therefore upon the Desire of the King for that Letter to the Queen they send hâ—m all three with their prayers for the King to perswade her Majesty not to correspond with him or any other Fugitive or Traitours who depend on the Examination and Judgment of Parliament The King now returned from Dover from whence the Queen and the Princess Mary voyaged to Hâ—lland where she was to negotiate Forreign Aid and Assistance for the Kings Designs being too hot for him to remain at London sends to Hampton Court for the Prince to meet him at Greenwich wherein the Parliament were surprised as now doubting the effect and therefore send a Message thâ—t the Prince his Removal may be a cause to promote Jealousies and Fears which they conceive very necessary to avoid but could not prevail to prevent it The Parliament havâ—ng now the Militia the security of the Tower and City of London Trained Bands of the Kingdom and all the Forces out of the Kings hands they begin to think upon Propositions of themselves for reducing the Rebells of Ireland and order That two Millions and an half of those Acres to be confiscate of Rebells Lands in four Provinces may be allotted to such persons as will disburse Moneys for mannaging that War viz. For each Adventure of Two hundred pounds one thousand Acres in Ulster Three hundred pounds one thousand Acres in Connaught Four hundred and fifty pounds one thousand Acres in Munster Six hundred pounds one thousand Acres in Lemster All English Measure Medow Arable
command upon a person of unquestionable sufficiencie into a Town and Fort and Magazine of his own and yet they to be so bold as to commit it without his consent to Sir John Hotham but is confident it shall be rendered to him when he is pleased to require it and so to dispose of the Magazine as shall be fitting in some proportion not altogether and hopes that they will not do here as they have done in the Militia petition him and make themselves the Carvers and tells them that if they shall attâ—mpt any thing herein without his consent he will hold it as an act of violence against him and so declare it to all the world And for the six Priests Reprieve the time being out he leaves them to the execution of the Law And refers them to Mr. Pym's Speech against the Earl of Strafford for preservation of the Law which he wishes them to peruse and not to infringe it themselves The Parliament seeing the King bent to his personal Voyage into Ireland and to dispose of affairs accordingly to put him off from that Design they petition him with Reasons not to enterprize such a Journey for the hazzard of his person and interruption of the proceedings of the Parliament here And conclude that they cannot consent to any Levies but such as they shall advise and direct if otherwise raised they must interpret it to the terrour of the people and suppress it and to refâ—se to submit to any Commissioners which the King shall chuse but to govern in his absence by consent of Parliament so praying him to desist from any such Design in the end of all they counsel him to come home to them c. It was sufficient they discovered themselves each to other for it was not likely the Parliament would trust the King with an Army that might be no boldness in them to disswade but to tell him how they would govern themselves and his people not to submit to any Commissioners in his absence that was strange indeed To which the King replies That he looks upon them as his great Council with great regard but yet upon himself as not deprived of his understanding or divested of any right he had before the Parliament sate he called them by his Writ and Authoritie to give him counsel but did not resign his interest and freedom nor will subject himself to their determinâ—tions nor hath he dissented at any time without his Reasons given with candour and conscience and however a major part may binde them in matter of opinion yet he holds himself free to dissent from them And as that part of their Petition which pretends to carry reason doth not satisfie so the other part rather reprehension and menace than advice cannot stagger him who is content to expect the event of their undertaking and care therein And for many other expressions in the Petition he forbears to take notice or to answer lest being tempted in a just indignation to express a greater passion than he is willing to put on But indeed so forward he was in the Design that the Lords Justices and Council in Ireland having a hint of his desire return his Majesty an Answer to his of the thirteenth of April inclosing his Message to his Parliament there which Letters and Message being instantly printed as it was commanded they all cast themselves at his feet for this high addition to all former gracious favours in not sparing the hazzarding of his sacred person for suppression of this hideous Rebellion rejoycing even in the midst of those calamities to receive assurance of his princely purpose therein and hold it agreeable to his resolution and their duty to acquaint him with the estate of his affairs there by Letters to Mr. Secretary Nichols That so he may appear there in that majestie which is sutable to the greatness and wisdom of a mightie King as God hath appointed him who bless him with glorie honour and eternal happiness Dublin April 23. 1642. Signed Will. Parsons Io. Burlace Justices and all the Council there This was welcome to the King and sutably they subscribe Your Majesties humble and obedient loyal and faithfull Subjects which was published here in Parliament and canvased too not with over much thanks to the Irish Commissioners and Council there who finding the Earl of Leicester their designed Deputy to be so long loitering and held so here against the Kings desire they promoved this his Majties royal undertaking with all possible instances of advantage to those Irish affairs But it must not be and so the King declining it the Parliament were put forward to their own proceedings therein which went on but lamely for a long time being retarded untill the Parliament should be better assured of the right to the Militia To which purpose a Question was started How Laws are to be understood and obeyed Which were answered and printed to the Parliaments advantage Whether the claim of the Kings disposing of the Militia be in him It was answered Rebus sic nolente Rege it is in the Parliament And the Reasons were these In Law an equitable and literal sense The King intrusted with the Militia for the people against a foreign invasion or domestick rebellion never to intrust him against themselves so that when there is an appearance of the letter against the equitie publick good then the commander is to be disobeyed by the commanded For the Law abstract from reason and end is as a bodie without a soul and the execution accordingly is the spirit that gives life the letter kills Instanced in the trust of Militia of an Armie to a General not to turn the Cannon against his own Souldiers though not so conditioned and they may disobey not binding them to cut their own throats or their companies If otherwise the legal and mixt Monarchie is the greatest Tyrannie as conferred legally when the other that rules by will and not by law are Tyrants by force and so justifie an arbitrarie tyrannie legal not assumed Herein the instance of a General is the Argument but how reasonable and justifiable may it be when an Armie mutinie the Commander may and ought to suppress by force of Cannon no doubt and so unquestionably may a Monarch if the established Laws be disobeyed he may reduce them by force All Laws may be laid aside if such seditious and treasonable distinctions to withdraw the Subjects obedience be suffered Indeed the Doctrines of this nature were then frequent discourse in Pulpits and Prints That humane Laws do not binde the conscience There needs no more to dissolve all civil Government and peace of a Kingdom And therefore the King in much regret requires the House of Peers to use all possible diligence to have the Authour found out and punished but nothing was done being there fomented April 22. The Magazine of Hull under Sir Iohn Hotham command by authority of Parliament and like enough now to be
and to be published in all Churches c. May 5. And the Parliament finding no other way to encounter the King but by putting the people into a posture of War do require all persons in authority by virtue of their late Ordinance of the Militia to put the same in execution which by the Kings answer declares to be no legal power in any of the Houses and commands no Subject whatsoever to obey it And forthwith summons the Gentry of the County to York to whom he complains of all these illegal proceedings of the Parliament to the danger of his person and tells them his intent to have a Guard onely to secure his person in which he desires their assistance and the rather because the Members that came with the last Message to the King return not back but reside at York in whose presence all these passages were performed yet staid they here as a Committee to out-face the Kings actions keeping themselves in a double capacity as a Committee of Parliament and Free-holders of the County as they were all What Counsellours the King had at this time I finde not onely the Secretary Nicholas for as yet his affairs were but hatching at York the Parliament having spun out their business with humble and specious shews which amazed most men into some hopes of good effects those that could more narrowly pry into their actions and but Neuters were soon seized and presently questioned especially if he appeared a publick person of estate or interest Amongst whom Sir Thomas Gardner Recorder of London for six years last past was now impeached upon Articles drawn from Anno 1638. For advising the Mayor Sir Maurice Abbot and Common Council to pay the Tax of Ship-money and to levie the Loan-money for raising three thousand of the Trained Bands for the Kings service in his Expedition then against his good Subjects of Scotland That in 1639. he advised the Mayor Sir Henry Garraway and Common Council to impress Clothe and Conduct two hundred Citizens to serve in the said War against Scotland That he prevented the Citie Petition to the King against certain illegal Taxes and Levies That in May 1640. he perswaded them to lend to the King ten thousand pounds for that War against his good Subjects of Scotland And prevented sundry intendments of thousands of the Citie in December last to petition the House of Commons not to be diverted in their just way of proceedings That in January last he crossed the Order of the Commons House and the Citie election of the Committee for the Militia And advised two scandalous Petitions from the Citie to the King and to the Parliament viz. that the ordering of the Citie Arms was annexed to the Majoraltie and if otherwise conferred upon others it would reflect upon this Custome which every Free-man was bound to maintain And these were the high crimes for which they endeavour to hang him but he was carefull therein and got to the King May 5. Upon several Summons the County of York had meetings the Parliament Committee being there over-counselling the Free-holders in private prevailed with some of them by Protestation to oppose the Knights and Gentry who were willing to raise a Guard for the King And the Parliament declaring that it is against the Laws that any of his Subjects should attend him at his pleasure but such as are bound to it by special service and that such as do are disturbers of the peace and command the Sheriff to oppose any such with the power of the Countie and all people whatsoever to assist them herein May 17. In what miserable condition the people of the Kingdom were reduced unto no publick Officer knew how to command or Subject how or whom to obey so differing were their duties depending on several authorities thus distinct onely those for the King directly in love and duty for the other in fear or gain and so wrought upon gave the advantage on the Parliaments part whereas the the Kings assistance was purchased out of the fire of faithfull affections yet all ways and means of Prerogative were used as now for the King to adjourn the next Term to York which the Parliament vote illegal and order that the Lord Keeper Littleton issue out no Writs or seal any Proclamations to that end May 17. And now Designs being ripened into action the people are called upon and invited to a belief of the Parliaments just proceedings and the Kings mis-actions being guided by a malignant party summed up into a very large Declaration of the nineteenth of May ripping up all their former complaints and grievances from the first day of this Parliament to the date hereof in effect the very Exceptions and Repetitions formerly mentioned and controverted between the King and them even from the first dispute for the Militia the misprision of Kimbolton and the five Members Remembering the intended War against Scotland being a Design they say to alter Religion by thâ—se wicked Councils of the King from which God did deliver us never to be forgotten That the Rebellion in Ireland hath been countenanced by evil counsel about the King The Proclamation whereby they were declared Traitours was so long with-held as to the second of Ianuary though the Rebellion brake forth in October before and then but fourty Copies appointed to be printed nor any of them to be published without the Kings pleasure signified and so but a few onely could take notice thereof but the proceedings against the Scots were quick and sharp forthwith by Proclamations dispersed throughout all the Kingdom with publick Prayers and Execrations But to repeat the particulars they are but the same said over again The King calls it a Book and so for the bulk it may well be intituled and to answer each particular must needs be very tedious as himself professes His small malignant Iunto Council as the Parliament calls them to replie to their numbers of several Committees in these proceedings But the King being never weary of any of any pains to undeceive his people of these mischievous infusions daily instilled to corrupt their loyalty gives them answer the next day after the twentieth of May in effect what he had said as before recited in their due time and place The Parliaments complaints were always forced The Kings answers more ingenious and natural in the opinion of indifferent observers The Parliaments onely to amuze the people and to steal away their allegeance and duty to themselves and otherwise it had been but loss of time and business to answer or to reply And at length though penned on both sides with wit and art the wiser sort of the Subjects whom it most concerned were astonished at the reading of either But indeed as to the Kings connivence at or want of zeal against the Rebellion of Ireland so often hinted and now put home upon the Kings score He answers That he then being in Scotland immediately recommended the care of the business to the
by consent of the major part of our Council attested under their hands Which in effect being granted is to depose our self and posteritie These being past we may be waited on bare headed our hand kist be called Majestie and the Kings Authoritie declared by Parliament may be still the style of your Commands We may have Swords and Maces born before us and please our self with the sight of a Crown and Scepter Nor would these Twigs flourish when the Stock were dead and we receive but the picture and sign of a King We were ever willing our Parliament should debate such matters proper for them but not to extend their Resolutions beyond what is proper to them and so by degrees you draw as well all the causes as all the faults of Westminster-hall That the course of Law be not diverted as was actually done in the stop of the proceedings against a Riot in Southwark by Order of the Lower House by countenancing such popular Insolencies and discountenance to Law That you descend not to the leasure of recommending Lectures to Churches nor ascend to the Legislative power to command such to be received without approbation of either Parson or Bishop nor regarding whether they be Orthodox Learned or Moderate or have taken Orders and are not depravers of the Book of Common Prayer concerning you in dutie and the Common-wealth in consequence to be carefull there And that our Forts may not be seized our Arms not removed our Money not be stopt our legal Directions not to be countermanded by you nor such entrance be made upon a real War against us upon pretence of an imaginarie War against you and a Chimaera of necessitie We could have wished you had exprest what matters you meant as fit to be transacted onely in Parliament and what you meant by onely in Parliament You have been taught new Doctrines to debate what was never used within you walls to do but been trusted with our Predecessours and us which without the regal Authoritie since there were Kings of this Kingdom were never transacted It therefore concerns us the more that you speak out that the World may know the bottom of your Demands or know them to be bottomless What is more proper for the Parliament than the making of Laws but then you must admit us a part of the Parliament You must not denie us the freedom of our Answer when we have as much Right to reject what we think unreasonable as you have to propose what you think necessarie nor is it possible our Answers either to Bills or any other Propositions should be wholly free if we may not use the libertie of every one of you and receive advice from any persons in which the manage of our Vote is trusted by the Law to our own judgment and conscience which how best to inform is likewise left to us and most unreasonable it were for two Estates proposing something to the third that third should take no advice but from those two that did propose it We shall ever in these things not decline the advice of our great Council and shall also use to hear willingly the debate of our Privie Council and they shall not be terrified from that freedom by Votes and Brands of Malignants and Enemies to the State admitting no more than the nature of the business requires and of discoursing with whom we please and of what we please and not to tie our self not to hear any more than twentie five out of a Kingâ—dom so replenished with judicious and experienced persons in several kindes yet we shall alwaies look upon their Advices as Advices not as Commands or Impositions and upon such persons as our Counsellours not as Tutours or Guardians and upon our self as their King not as their Pupil or Ward And it is not plainly exprest in the first part of the second Demand whether they meant us so much as a single Vote in these affairs and no more power than every one of the rest of our fellow Counsellours onely leaving to us of all our ancient power a choice and great care is taken that the Oath which these men shall take shall be such in the framing as that we may be wholly excluded and that wholly to be agreed upon by the Parliament And to shew there is no more care taken of our safetie than of our power after our Town and Fort kept from us which sure your selves will not denie to be Treason our Arms taken and our Goods sent away our Money stopt our Guards are not onely desired to be dismissed but it is likewise desired that we shall not for the future raise any Guards or Forces but in case of actual Rebellion or Invasion whicâ— if it had been Law in our famous Predecessours few of those Victories which have made this Nation famous could have been legally atchieved nor could Queen Elizabeth have so defended her self in Eightie Eight and if no Forces may be raised untill Rebellions or Invasions be actual they must no doubt be effectual and prevalent And as neither care is taken for our Rights Honour nor Safetie as a Prince so our Rights as a private person are endeavoured to be had from us It being demanded that it may be unlawfull and punishable not onely to conclude but even to treat of any Mariage with any person for our own Children or to place Governours about them without consent of Parliament and in the intermission of these without the consent of our good Lords of our Council More despicable than any of our Predecessours or than the meaner and viler of the lowest of our Subjects who value no libertie more than that of desposing their Children from which we are asked to debar our self and have reason the more to take it ill we are so because that for the choice of a Governour for our Son and a Husband for Daughter we conceived we had reason to expect your thanks and the increase of your future Trusts We suppose these Demands by this time appear such as the Demanders cannot have such real fear of us as hath been long pretended they are too much in the style not onely of Equals but of Conquerours But we call God to witness that as for our Subjects sakes these Rights are vested in us so for their sakes and our own we are resolved not to quite them nor to sâ—bvert the ancient equal happie well poised and never enough commended Constitution of the Government of this Kingdom not to make our self of a King of England a Duke of Venice and thus of 〈◊〉 Kingdom a Republick There being three kindes of Government Absolute Monarchy Aristocracy and Democracy and in all these their particular convenienceâ— and inconveniences the experience and wisdom of your Ancestours hath molded this out of a mixture of these with the conveniences of all Three without the inconveniences of any One as long as the Ballance hangs even between the three Estates and in their proper Chanel begetting
without the Kings consent were to introduce an Arbitrary Government to which he will never permit The King therefore having by his Proclamation the seven and twentieth of May last prohibited all persons upon their Allegeance to Muster Levy or summon without his consent by warrant or writ from his great seal And that antiently by Statute 5 H. 4. and by subsequent Records his Predecessors have exercised the power of the Militia by Commissions of Array therefore He thinks fit so to do Authorizing you or any three or more of you to Array and Train his people whereof you the Earl of Huntington and in youâ— absence William Earl of Devon or Henry Hastings Esq to be one That for the present you cause to be mustered all the ancient Trained Bands and Freehold Bands of the County and over them to appoint Colonels Captains and Officers Issue warrants for Assembling the people for discharge of that service of all which He expects a plenary accompt The Commission was directed to the Earls of Huntington and Devon Henry Hastings his son Henry Berkley George Villierâ— Thomas Burton Baronets Henry Skipwith Iohn Shepington and Richard Halford Knights and Baronets Wolston Dixey Richard Roberts Iohn Bole Thomas Harlop Erasmus De la fountain and William Iones Knights Henry Hastings George Ashley and Iohn Hate Esqs and to the Sheriff of Leicester-Shire to the same effect as aforesaid the twelfth of Ianuary 18 Car. per ipsum Regem Willis The Parliament ponder hereupon and after serious debate for it much concerned They resolved upon the Question That this Commission was against Law the liberty and property of the Subject And that the Actors therein shall be esteemed disturbers of the Peace and betrayers of the Subjects Lâ—bertie The twentieth of January The King goes on Summons his Lords and his Privy Council attending him at York and declares That He will not require any obedience from them but by the Law of the Land Nor that they yield to any Commands not legally imposed by any other That he will defend them and all others from such Commands and from Votes and Orders of Parliament and defend the true protestant Religion the Lawful liberty of the subject and the just priviledges of the three Estates of Parliament and according as he performs so he expects further Obedience That He will not â—ngage them in any war against the Parliament except for necessary defence against such as invade him or them On which they ingage to him their duty Allegeance in the like answer subscribed by all present which we shall record to posterity for their Loyalty then and of some of their defection after Lord Keeper Littleton Duke of Richmond Marquess Harford The Earls of Lindsey Cumberland Huntington Bath Southampton Dorset Salisbury Northampton Devonshire Cambridge Bristol Westmerland Barkshire Monmouth Rivers Newcastle Dover Carnarvan Newport The Lords of Mowbray and Matravers Willoughby of Ersby Richard Howard of Charlton Newark Paget Chandos Fawconbridge Pawlet Lovâ—lace Savile Coventry Mohun Duâ—smore Saymour Grey of Ruthen Capel Falkland Master controller Secretary Nicholas the Chancellor of the Exchequer Chief Justice Banks The King sends his Letters to the Lord Mayor Aldermen and Sheriffs of London Commanding them not to levy Arms nor raise mony upon pretâ—nce of a Guard to the Parliament But if they shall lend money towards the relief of Ireland as he hath don however the mony be disposed or towards the paiment of his Scots Subjects he shall esteem it an acceptable service if otherwise he shall take it as contempt to him and his authority and shall be compelled â—o question their Chartâ— therein And publishes a General Declaration That having these last seven Moneths met with so many several encounters of strange and unusual Declarations of Parliament He is not amazed with any new Prodigy of that kind and their last of the six and twentieth of May gave warning that they having spent their stock of reproachful language upon Him He was to expect they should now break out into disloyal actions for by that they divested Him of his Authority and assumed it to themselves and now they put forth the fruits of that supream power by their propositions for raising forces under pretence of preserving peace for defence of the King deceiving the People as if the danger were great and he consulted therein Sums up the Parliaments ridiculous devised fears and Jelousies Protests his former and still unshaken Resolutions for Peace for Religion for the Laws and for the Subjects Liberties Advising them not to contribute their power and assistance to ruine Him and themselves satisfies them in all the causeless and groundless scandalous Rumors and Reputations raised against his person and Honour And so excites all his loving Subjects according to their Oaths of Allegeance and Supremacy their Vow and Protestation to contribute their best assistance for the opposing and suppressing of the Trayteâ—ous attempts of such persons as would destroy his Person Honour and Estate and engage the Kingdom in a Civil war He declaring that whoever shall bring into him Money or Ammunition Horse or Arms for his or the publique defence shall receive 8. 1. per cent consideration and shall receive good assurance of the principal and interest upon his Forest Lands Parks and Houses better he saith than the security of the onely name Publique faith All the said Lords subsigning to a Profession disavowing any Preparations or Intentions of war against the Parliament but only endeavouring the firm and constant Parliament of Religion and Laws of peace and prosperity of this Kingdom And by publique Proclamation forbids all Levies of forces without his express pleasure and all contributions or assistance to any such Levies These statutes in force impowring the King and no other to raâ—se Arms as 7 Edw. 1. The statute of Northampton 2 Edw. 3. That in the 11 of Rich. 2. He being under age the Duke of Glocester and other Lords upon pretence for the King raised forces and subdued their adversaries they procured a special Act of pardon for it In the Reign of H. 8. the Earl of Shrewsbury to suppress a suddain Rebellion did without the Kings warrant raise Arms and Mastered the Traytors yet was forced to obtain his Pardon By the Statute 25 of Edw. 3. It is Treason to Levy war against the King in his Realm It was the case of the Earl of Essex upon pretence of but removing some ill Councellors about Queen Elizabeth and adjudged Treason It is the present excuse of the Irish Rebels for defence of the Kings authority and of his Kingdome Wat Tyler Iack Cade and Kit the Tayler wanted not such publique pretences which were perhaps just causes of complaints though not of raising Men. Then to the Parliaments distinction betwixt the Kings person and his authority and so his person at York but his Authority in Parliament See Cook 7 Rep. Coloins case The Oath of allegeance by the Common
Aug. 16. Upon these grounds The Parliament of England take resolution and declare their approbation and thanks to the secret Council and Assemblie in Scotland for their desires of unitie in Religion and uniformitie in Church-government in the three Kingdoms we having say they often had that matter in debate concurring in judgment and experience of the manifold mischiefs which the Government of the Prelacie hath in all times and ages produced in this Church and State and so we hope to satisfie the Christian desires of our dear Brethren of Scotland although we know that hereby we shall exceedingly irritate that malignant partie who will bend all their forces to ruine that holy work and to ruine and destroy us in the undertaking being the very same partie which hath now incensed and armed his Majestie against us The very same Design of rooting out Reformed Religion endeavoured to begin that Tragedie in Scotland which being perfected in one Nation will be accomplished in the other Religion is the band and safetie of both And as we resolve by the national Covenant betwixt the two Kingdoms to be carefull of Scotland so we doubt not but the secret Council and Assemblie there will be always ready to express their brotherly kindness to us according to the Articles ratiâ—ied between both Parliaments and advantagious to all the professours of the Reformed Religion in Christendom And so this being the Proeme to their Declaration the Parliament goes on with lamentable sighs and groans from the bowels of their hearts for being obstructed in this piaculous work of true Reformation and after much striving and seeking God wrestling with the Engines of Satan they have jumped in resolution with their Brethren in Scotland that the Prelatical party is the cause of all distraction And being thus backed they take the boldness to declare That this Government by Arch-bishops Bishops their Chancellours and Commissioners Deans and Chapters Arch-deacons and other Ecclesiastical Officers depending upon the Hierarchie is evil and prejudicial to the state and Government of this Kingdom and resolve the same shall be taken away And according to our Declaration of the seventh of February we will consult with godly Divines to setle a Government of Reformation And intend that a Bill for this Assemblie may be passed for their Meeting the fifth of Novemb. next And desire their dear Brethren of Scotland to concur with them in petitioning the King for his approbation And because nothing will prosper without their handy work they pray them to send some out of their many good â—nd godly Divines of that Kirk to assist our Assemblie for setling of one Confession one Directorie and one Catechism in all three Kingdoms to the relief and deliverance of the poor afflicted Churches abroad and confusion of the tyrannie of Rome being the prime cause and fountain of all calamities bloudy massacres outrages cruelties and bitter persecution of Gods people and saints in all the Christian world for many ages Here is now a resolution to reform all Christendom and beat down Popery in a trice but the result was that under colour of Religion the Design went on and so prospered in outward success And now to encourage the well-affected to lend money and bring their Plate upon Publick Faith which without a mans strong belief could hardly get Customers to come in fearing belike that the Kings gentleness and mercy might agree to an Accommodation having been upon terms of Treaty on his part The Parliament therefore once again to ascertain their Resolution to fight it out to the last man and being confident of success do declare That the Arms which they have been forced to take up and shall take up for the preservation of the Parliament Religion the Laws and Liberties of the Kingdom shall not be laid down untill his Majestie shall withdraw his protection from such persons as have been voted by both Houses to be Delinquents and shall leave them to the justice of the Parliament to the end that those great charges and damages wherewith all the Common-wealth hath been burdened since the Kings departure from his Parliament may be born by the Delinquents And all his Majesties good and faithfull Subjects who by loan of moneys or otherwise at their charges have or shall assist the Common-wealth may be repayed and satisfied out of the Delinquents Estates And these Delinquents were sure to be made so out of the noblest and richest persons in the Nation against whom there could be found but the scent of Malignancie so that it became a huge crime first to be rich or able in any condition to be either Neuter or not wel-affected to the Parl. or to be suspected so to prove it a slender Accusation would serve the turn witness sundry persons which we shall have occasion to speak of ruined upon that score onely And first they begin with Iames Lord Strange Son and Heir of William Earl of Derby who to the intent and purpose to subvert the Laws c. did upon the fifteenth of July last past at Manchester in the Countie of Lancaster traiterously summon call together and raise great Forces and did kill murder and destroy Richard Percival a Linnen Webster for which the Parliament impeach him of high Treason And the sixteenth of September he is so published in all Churches and Chapels and Markets in the Counties of Lancaster and Chester and where the Parliament had any power for the County was mostly for the King against which party the City of London are desired to advance sixteen thousand pounds for setting forth ten thousand Dragoons and some Troops of Horse for suppressing that party upon Publick Faith which was soon raised but not repayed The King being at Shrewsburie whither Judg Heath came and advised for the Adjourning part of Michaelmass Term from the first Return In Octab. Sancti Martini Octob. 4. And at Bridg-North he proclames Thomas Nichols Humphrey Mackworth and Thomas Hunt Esq guilty of high Treason active men in the Militia and assisting the Kings Enemies in their Rebellion Octob. 14. The L. Fairfax for the Parl and Mr. Bellases for the King with considerable parties Commissioners on either side had concluded upon certain Articles concerning the peace in Yorkshire and dated the 29. of September To which the Parliament take exception That the Parliament gave no such authoritie to binde that Countie to a Neutralitie it being prejudicial to the whole Kingdom for one Countie to withdraw from the rest which thâ—y are bound by Law to assist It being derogatorie to the power of Parliament for private men to suspend the execution of the Militia and therefore it is ordered that no such Neutralâ—â—â—e be observed in that Countie without any defensive force whereby it will be open to the King to return with his Armie for Winter quarter in that plentifull Countie New-castle near for his Supplies by Sea And so they declare the Lord Faâ—â—fax and his
the other now formed into force sufficient to advance towards the King as yet aâ— York where he summons all his loving Subjects on this side Trent to come to his aid the Rendezvouz being at York Thursday the fourth of August 1642. And to begin the quarrel Sir Iohn Hotham had on Wednesday before sallied out of Hull with forty horse and fell upon one hundred and fifty of the Kings party whom they called Cavaliers and so shall we stile them for distinction throughout them intrenched at Anlaby and surprized shifted away but their two Centinels slain which flesht the other in blood galloping after the Foot seized their Colours and seveâ—ty Muskets with some prisoners burned the poor Barn which Sir Iohn named a â—arison and so returned Victor The next news comes from Portsmouth The County bands â—ntending to surprize that Town which was kept for the King by Colonel Goring who having timely notice met them by the way two miles off where he skirmished and retyred But the Assaylers gave Intelligence into the Town to their faction of their design and were promised connivance whilst the Parliament espousing the quarrel Sir Iohn Merricks Regiment and a Troop of Horse were suddenly sent thither to joyn with the Trained bands of Hampshire who began the Siege which Marquess Hertford hastens to remove The Kings Forces were at first formed at York then the Rendezvouz to Nottingham where he sets up his standard and there increasing he Marches Westward to Stafford then to Leicester and so passing by the Earl of Essex house Chartâ—ey without other pressure upon that place than as if he were the Kings General nay the Kings express pleasure was to restrain the Souldiers Liberty who otherwise would have rased it to the ground and ruined his Estate about it from thence he Marches towards Wales and settles at Shrewsbury where he gathers into a body capable to March Southward and to meet his Enemy The Parliaments Forces formed at London Rendevouz at St. Albans marching Northwards to Attach the King and to take him from his Cavaliers and bring him home to his Parliament and henceforward we shall finde the effects of both Armies And the Parliament to bound and limit their General prescribe to him directions in effect 1. To restrain all prophaness in his Army 2. To March and fight with the Kings Army and by Battel or otherwise to rescue his Majesties person the Prince and Duke of York out of the hands of those now aâ—out him 3. To take his opportunity in some honourable way to cause the Petition of Parliament to be presented to his Majesty who if he be pleased to withdraw himself from his forces and to resort to his Parliament you shall cause those forces to disband and shall serve and defend the King with sufficient strength in his retâ—rn 4. To declare that if any will within ten daies after publication withdraw from Assisting the King and return to the Parliament shall have pardon Except Delinquents already voted or to be voted or Impeached or who stand impeached of High Treason or have been eminent or active against the Parliament And except the Duke of Richmond The Earl of Cumberland Newcastle Rivers and Carnarvan Viscounts Newark and Falkland principal Secretary to the King Secretary Nicholas Mr. Endimion Porter and Mr. Edward Hide 5. To receive the Loans or contributions of Money Plate or Horses for the support of the Army certifying the sums of money weight of Plate and value of Horses that the parties may thereby be repaid upon publique faith 6. To protect the good people from violence of the Cavaliers and to restore to them their losses 7. To apprehend all persons Impeached as Traytors or other Delinquents and secure them to the Parliament 8. To observe such further directions as he shall receive from the Parliament He had a Committee or any four of them whereof the General to be one from time to time to consult and to acquaint the Parliament with their Resolutions for both houses to proceed thereupon as to them shall be thought fitting And to take subscriptions for any Money Plate or provisions and their Testimony shall be sufficient warrant to be repayed at 8. per cent by publique faith And to have power to examine apprehend and punish or discharge malignants as they shall think fit Sir Iohn Byron having raised some Troops in the County of Oxford for the Kings service and Marching towards Northampton refreshed himself and horses at Brackley and there unexpectedly was assaulted by sundry Troops of the Parliaments party from Northhampton and indeed treacherously set upon by the Town of Brackley and forced to retreat to the Heath in which confusion his servants were surprized in the Town some carriages and his Cabinet of papers seized Of which he complains to Mr. Clark at Craughton neer Barkley to be in his Custody to whom he sends a Messenger with a letter for the restitution and tells him which if you do I shall represent it to his Majesty as an acceptable service If not assure your self I shall finde a time to repay my self with advantage out of your estate and consider That as Rebellion is a weed of a hasty growth so it will decay as suddainly and that theâ—e will be a time for the Kings Loyal Subjects to repair their losses sustained by Rebels and Traytors Oxford the first of September Yours John Byron This Letter Craughton remits to the Parliament upon which they declare Byron and his Associates Rebels encourage the other parties as good Subjects and acceptable to the Parliament and shall be so justified and all others taking part with them The Marquess Hertford and his Forces seized Sherborn Castle which the Earl of Bedford was ordered to besiege but staied so long at Dorcester for Forces from about Plimouth that this Marquess took his leave Marching over Serdown towards Shrewsbury and after him followes Bedford Sir Iohn Byron marches to Worcester and takes it for the King intending to garison there but to prevent any Forces to joyn with him Mr. Fines is sent from his Father with some Dragoons to stop the passage and to prepare for a Siege At this time arrives two of the Elector's Brothers Rupert and Maurice and no sooner come to the King but are entertained presently with power and authority and put into action fatal Assistants they were to their Uncle the King in these unhappy proceedings The ninth of September sets forth the Earl of Essex out of London towards St. Albans and his Army in way of triumph he went out waited on by the Parliament and millions of people laning the high way throughout attended with the gallantry of his great Commanders and accompanied with such of the Nobles and Gentry who favoured his Design the multitude crying out Hosanna others muttering That even so was done and said to his Father in his Expedition towards Ireland who returned back a Traitor and lost his head
the Savoy who succeeded Mr. White in the Mastership or Ministry there did preach to his Auditory That they ought to contribute and pray and do all they were able to bring in their Brethren of Scotland for the setling of Gods cause I say saith he this is Gods â—ause and if ever God had a cause this is it and if this be not Gods cause then God is no God for me but c. Such Blasphemy followed as I forbear to insert This Speech was then frequently reported nay imprinted and to this hour pretends to be justified by divers of his Parishioners and others and if the party be innocent he might do well to vindicate himself from such Aspersion in hope of which I forbear to name him Yet Sir George Chidleigh of the West and earnest sometime he had been for the Parliament ingeniously acknowledges his opinion of the Cause in a purposed Declaration written by himself to satisfie his Friends That Petitions of Right are commendable and Remonstrances may be lawfull but Arms though defensive are ever doubtfull My Lot saith he fell to be cast on the Parliament side by a strong opinion of the goodness of their Cause which to my judgment then appeared to be so Religion and the Subjects Libertie seemed to me to be in danger but the Destruction of Kingdoms cannot be the way to save it nor can the loss of Christian Subjects nor the Subjects loss of their Estates by Plunder or Assesment concur with pietie nor yet with proprietie as for Religion which is the chief his Majestie whom God long preserve hath given us unquestionable Securitie I have cast my self at my Sovereign's feet and implored his gracious pardon I will contend no more in word or deed And this my Resolution with the undisputable grounds thereof I thought good to declare to my Friends and Countreymen that they may understand my sitting to proceed from no compulsion The Earl of Holland having been of the Parliaments cause and in Arms against the King from the first beginning was conscious it seems of the Cause and therefore without taking leave accompanied onely with the Earl of Bedford was come to the King at Oxford where he had but slender Reception for the present although he put himself in a posture of Arms with the King in the Field but that not prevailing after nine Weeks he as privately returns back again to London the sixth of November and in some hope to be readmitted into the House of Lords he made the best means he could by his Friends but without the favour of admittance then by weak counsel advised he publishes in print his Reasons of stepping aside to the King and the best Arguments he could for his Return to the Parliament again with whom he professes to live and die By which the Parliament were sure to have him devoted to their service if they should accept of his proffer which being retarded and he not constant to himself to attend the time he most unfortunately engaged afterwards against the Parliament was taken Prisoner arreigned and this Apology of his the greatest Evidence to conclude him guilty and suffered death as hereafter in its due place The King had sent to the Marquess of Ormond Lieutenant General of his Majesties Forces in Ireland for the present Transportation of a part of his Army into England Novemb. 13. every Officer and Souldier taking Oath to maintain and defend the Protestant Religion the King and his just power against the Forces under Conduct of the Earl of Essex and all other Forces against the King These Irish Forces coming under command of Sir Michael Ernley an experienced Souldier in the Low Countreys And being landed in Wales were saluted by Letters from the Parliament Commanders there left either party might be mistaken in the publick Quarrel telling them That we apprehend and are assured your Voyage into Ireland was to fight against Popish Rebells and for the Protestant Religion and we imagine you are not fully informed of the cause to be engaged against us and if you be the same you were when you went over we doubt not but to procure satisfaction from the Parliament for your faithfull Service there with like Preferment here Wrexam Novemb. 18. 1643. Your affectionate and faithfull Friends c. To which the five Colonels from Ireland return this Answer Gentlemen We were not engaged in the Service in Ireland otherwise than by the Kings command The Service we have done none â—ares extenuate And although we are very sensible how unworthily we have been deserted by your pretended Parliament yet we are not returned hither without his Majesties special Commission and Authoritie If you have the like from the King for the Arms you carry we shall willingly treat with you otherwise we shall bear our selves like Souldiers and loyal Subjects Hawerden Novemb. 20. 1643. Michael Ernley c. Postscript That Officer of your Armie which came into our Quarters without safe Conduct we detain till his Majesties pleasure be further known And these English from Ireland not long after take in Hawerden Castle near Chester being soon yielded up to them by the greater number of Souldiers within which lately came out of Ireland and enforced to the Parliaments Service surrender to their old Comrades At this time was the Cessation of Arms with the Rebells in Ireland concluded by the Kings command for one whole year from the fifteenth of September 1643. at twelve a clock And because it was then and since charged home upon the Kings account and the effects of evil counsel we shall endeavour to lay down some Motives and Grounds inducing to the Cessation and the Articles themselves with the opinion of sundry of the Noblemen and Officers of the Kings Army there It was I confess the greatest Argument with which the peoples affections have been infected by the subtilty of the Contrivers of the Civil War of England The Kings neglect of his poor Protestant Subjects in Ireland Though we may remember his several Messages and Importunities to the Parliament in that business his Offer to engage his Person in that War his consenting to all Propositions for raising of Men and Money till it was evident that under colour of those Men and Money to quench that Rebellion were both imploied in kindling and maintaining the unnatural War at home nay the King grants his Commission to such as the Parliament named for managing the Irish affairs according to their own Instructions but none of them performed So then afterwards about November last 1642. the King had been advertised by the Privy Council in Ireland and by several Petitions and Remonstrances of all the principal Commanders and Officers of his Army there of the miserable condition of his Forces in want of Money Victuals and Ammunition Apparel and what not of either of which they were not like to be supplied from the Parliament of England that undertook for all The very Men
refer you to my other Letter and for matter of Religion I doe hereby promise them and command you to see it done that the Penal Statutes against Roman Catholicks shall not be put in execution the Peace being made and they remaining in their due obedience and further that when the Irish gives me that assistance which they have promised for this suppression of this Rebellion and I shall be restored to my Rights then I will consent to the Repeal of them by a Law but all those against Appeals to Rome and Premunire mustâ—â—and This being in Cipher he is commanded to impart to none but to Brown the Lord Muskery and Plunket and that with injunction of strict secresie and concludes his Letter again for his speedy dispatch of the Peace of Ireland and his necessary supply fromthence 15. Decemb. 1644. Oxford Then so soon as the Treaty was on foot the King writes again to Ormond Upon the great Rumours and expectations now of Peace I think it necessary to tell you That the Rebels here have agreed to Treat and most assuredly one of the first and chiefest Articles they will insist on will be to continue the Irish War Which is a point not popular for me to treat on of which you are to make a double use First to hasten with all possible diligence the Peace there the timely conclusion of which will take off that inconvenience which otherwise I may be subject unto by the refusal of that Article upon any other reason Secondly by dexterous conveying to the Irish the danger that may be of their total and perpetual exclusion from these Favours I intend them in case the Rebels here clap up a Peace with Me upon reasonable terms and only exclude them which possibly were not counselable for me to refuse if the Irish Peace should be the only difference betwixt us before it were perfected there These I hope are sufficient Grounds for you to perswade the Irish to dispach a Peace upon reasonable terms assuring them that when you have once fully engaged my Word in the conclusion of a Peace all the earth shall not make me break it But not doubting of a Peace I must again remember you to presse the Irish for their speedy assistance to me here and their friends in Scotland My intentions being to draw from thenâ—e into Wales the peace being once concluded as many as I can of my Armed Protestant Subjects and desire that the Irish would send as great a Body as they can to land about Cumberland which will put these Northern Counties in a brave condition Provide all the Shiping you may as well Dunkirk as Irish Bottoms and remember that after March it will be difficult to transport into England the Rebels being Masters of the Seas 7. Jan. Oxford But the Treaty assigned at Uxbridge and the day neer at hand the thirtieth of Ianuary the King gives these Memorials to Secretary Nicholas First For Religion and Church Government the King will not goe one jot further then is by you offered already Secondly And so for the Militia more then what you have allowed by me but even in that you must observe that I must have free Nomination of the full half as if the total number Scots and all be thirty I will name fifteen Yet if the Parliameâ—â— will be so unworthy as to admit of ten Scots to twenty English I am contented to name five Scots and ten English and so proportional to any number As for gaining of particular persons besides security promise them rewards for performed Services not sparing to ingage for Places so they be not of great Trust not to dispossesse honest men but as much profit as you will with this last you are only to acquaint Richmond Southampton Culpepper and Hide And the King gives directions to his Commissioners in writing thus First concerning Religion In this the Government of the Church as I suppose will be the chief Question wherein these two things are to be considered Conscience and Policy in the first I cannot yield to the change of the Government of Bishops not only as I concur with the most general opinion of Christians in all Ages as being the best but likewise I hold my self particularly bound by the Oath I took at my Coronation not to alter the Government of the Church from what I found it And as for the Churches Patrimony I cannot suffer any diminution or alienation of it it being without peradventure Sacrilege and likewise contrary to the former Oath But whatsoever shall be offered for rectifying of abuses if any hath crept in or yet for the ease of tender Consciences so that it endammage not the Foundation I am content to hear and will be ready to give a Gracious Answer For the second Policy as the Kings duty is to protect the Church so it is the Churches to assist the King in the maintenance of his just Authority wherefore my Predecessâ—â—s have been alwaies careful especially since the Reformation to keep the dependency of the Clergy intirely upon the Crown without which it will scarcely sit fast upon the Kings Head Therefore doe nothing to change or lessen this necessary dependence Concerning the Militia After Conscience this is certainly the fittest Subject for a Kings quarrel for without it the Kings Power is but a shadow and therefore upon no means to be quitted but to be maintained according to the Ancient Lawes of the Land Yet because to attain to this so much wished Peace by all good men It is in a manner necessary that sufficient and real security be given for performance of Agreement I permit you therefore either by leaving strong Towns or other Military Forces into their possession until Articles be performed to give such assurance for performance of Conditions as you shall judge necessary for to conclude a peace Provided alwaies that you take at least as great care by sufficient security that Conditions be performed to me And to make sure that the Peace once setled all things shall return into their Ancient Channels For Ireland I confess they have very specious popular Arguments to presse this Point the gaining no Article more conducing to their ends then this And I have as much reason both in Honour and Policy to take care how to answer this as any All the world knows the eminent inevitable necessity which caused me to make the Irish Cessation and there remain yet as strong Reasons for the concluding of that Peace wherefore you must consent to nothing to hinder me therein until a clear way be shown to me how my Protestant Subjects there may probably at least defend themselves and that I shall have no more need to defend my Conscience and Crown from the Injuries of this Rebellion The Protestation consented unto and taken by his Majesties Commissioners appointed to Treat I A. B. One of the Commissioners assigned by his Majesty for this present Treaty at Uxbridge doe protest and promise
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
that No eclipse of outward fortune shall rob me of that light what God hath denied of outward strength his grace I hope will supplie with inward resolutions not morosely to denie what is fit to be granted but not to grant anie thing which Reason and Religion bid me denie I shall never think my self less then my self while I am able thus to preserve the integritie of my conscience the only jewel now left me which is worth keeping But the Parliament in doubt how to be used by this advantage which the Scots had of the Kings person they send again Letters to the Prince of Wales to invite him to come into the Parliaments Quarters with offer of all due respect befitting his Highness which Letter was sent to Colonel Russel their Governour of Garnsey to convey to the Prince who was now at Iersey increasing in power by addition of some of Hoptons scattered Forces out of Cornwal and some landed out of Ireland having also possessed himself of all the Vessels in Iersey and others hired of the French for securing that Island and as occasion may happen to be able to attempt upon Garnsey to which place the Parliament had sent six Ships and Ammunition The King is caressed at Newcastle with Bone-fires and Bel-ringing Drums and Trumpets with peals of 〈◊〉 and Vollies of Shot but guarded with three hundred of the 〈◊〉 Horse those near him bare-headed and lodged at General Levens Quarters who proclaims That no Papists or Delinquents shall come near his presence And another Proclamation That although his Majesties person was present yet all men whatsoever should yield obedience to the Ordinance of Parliament Leven 18. May. And the Committee of Estate in Scotland proclaim there That no person whatsoever depart that Kingdon by Sea or by Land without warrant to continue till the first of June next The Scotish Army are now they imagine Masters of all by their power of the Kings person and leavie intolerable Taxes and Assessements upon all the Northern Counties which very coursly resent them and complain to the Parliament at Westminster not without some rising of the people standing upon their Guard and all the Scotish Horse formerly sent into Scotland are returned into Yorkshire which makes the House of Commons to debate and Vote That this Kingdom had no further need of the Armie of our brethren the Scots in this Kingdom and that the summe of one hundred thousand pounds should be advanced and paid to that Armie as followeth viz. 50000. l. thereof after their surrendring of Newcastle Carlisle and other the English Garisons possessed by them in England and the other 50000. l. after they are advanced into Scotland and order shall be taken for payment of their Arrears And forthwith Mr. Alexander Henderson the Scots Apostolick Minister and one of their Cmmissioners is sent from Westminster to Newcastle to dispute with the King and to convince him to the Covenant where after several discourses and meetings the King is pleased to descend so low as to argue reasons by writings which continued several encounters by Papers till the 16. of Iuly concerning Church matters by Authoritie of the Fathers and practice of the Church which Henderson would avoid by the Text of Scriptures and from thence his own Opinion should guide him beyond all Universal consent or practice of the Primitive Church which were erroneous But the King concludes that to him it is incredible that any Custom of the Catholick Church to be erroneous which was not contradicted by Orthodox Learned men in the times of their first pratice as is easily perceived that these Defections were some of them may be justly called Rebellions which Henderson mentions And lastly that albeit he nere esteem'd any Authoritie equall to the Scriptures yet he thinks the unanimous consent of the Fathers and the universal practice of the Primitive Church to be the best and Authentical Interpreters of Gods word and consequently the fittest Judges between Him and Henderson until better may be found as for example he sayes I think Mr. Henderson the best Preacher in Newcastle yet I believe you may erre and possibly a better Preacher may come but till then I must retain my opinion C. R. Iuly 16. These Disputes are in Print which shewes his Majesties temper and knowledge to treat so long with a peevish Presbyter Amongst many that hazarded themselves to approach the Kings presence was that aforesaid Master Hudson a Minister and a faithful constant assistant to the Kings desires the only person that ordered his disguise and iourney to the Scots Army this man is taken and in custody of the Deputy Mayor of Newcastle and by Order of Parliament to be brought up to their Bar and Ashburnham also But Ashburnham was gone ere the Messenger got thither some say to Montrose and General Leven makes answer for him that the Scots conceive not that Ashburnhams bringing the King into their Army makes him an Incendiary and that Hudson is forth coming who soon after got away but was taken at Sandwich going over beyond Seas This gives the Parliament a taste of the Scots intentions which could not be well relished therefore Engins are set on work Petitions and Complaints are received examined and proved against the Plundering Cruelties and Misdemeanours of the Scots Army in the Northern parts and that instead of 8000. l. a moneth Assessement they have charged 9000. l. a moneth The Citie of London also pour forth Petition upon Petition as they are directed with Congratulatory Exordiums and Prefaces for their invincible resolutions care and pains for the fafety liberty and property of the People bound up in and under the blessed Parliament That Iustice and Iudgement run down in a stream and Mercy and Truth take place And implore their further Protection not to be enslaved under the power of any upon what colourable pretence soever nor to share with the Parliament nor to prescribe unto them in the Government or power of this Nation to whose great trust it hath ever been to order their own matters by their own great Councel without the confluence of any other And to be encouraged hereto they offer the Hand Hearts Lives Estates of the whole City and Millions more shall still be with them to stand by and support them against whomsoever shall with open face or secret Conspiracies oppose them Here are the Scots laid aside we can now do our own Work without the further help of our dear Brethren But the Scots Army set out their Declaration in excuse and desire to stand upon the truth of their Justification which wrought much upon their Faction And the Parliament as forward to oppose them by a Declaration in Answer to the other and to vindicate the people And now comes an Expressesone of the Parliaments Commissioners in Ireland with Copies of several Letters the one from the King to Ormond dated from Oxon the third of April 1646.
without the House of Lords We the Commons c. remembering that in the beginning of this War divers Protestations Declarations Suggestions c. were spread abroad by the King whereby the sincere Intentions of the Parliament for the publick good were mis-represented and so no need of a present War which is otherwise apparant by discoverie of the Enemies secrets and Gods immediate Blessings and Successes upon the Parliaments affairs and which Mistakes for some time had blemished the justice of this cause that if the Enemie had prevailed how dangerous the consequence would have been is now apparant And now notwithstanding Gods blessing on all our Endeavours Forces and Armies c. there are still the same spirits though under Disguise putting false constructions upon what hath already passed the Parliament as upon the thing under present Debate begetting a belief That we now desire to swerve from our first grounds aims and principles in the undertaking this War to recede from the solemn League and Covenant and Treaties between us and Scotland and that we would prolong these uncomfortable Troubles and bleeding Distractions to alter the fundamental constitution and frame of this Kingdom to leave all Government of the Church loose and unsetled and our selves to exercise the same arbitrary power over the persons and estates of the Subjects which this present Parliament thought fit to abolish by taking away the Star-chamber High Commission and other arbitrary Courts and the exorbitant power of the Council Table All which c. though our former actions are the best Demonstrations of our faithfulness to the publick yet if mis-believed may involve us into new Imbroilments We do declare our Endeavours are to setle Religion according to the Covenant to maintain the fundamental Rights of the Kingdom the Liberties of the Subject to desire a well-grounded peace in the three Kingdoms c. In effect Concerning Church-government we having so fully declared for a Presbyterial Government having spent so much pains taken up so much time for setling of it passed most of the particulars brought to us from the Assemblie of Divines called onely by us to advise of such things as shall be required of them by the Parliament and having published several Ordinances for putting the same in execution because we cannot consent to the granting of an arbitrary and unlimited power and jurisdiction to near ten thousand Iudicatories to be erected within this Kingdom and this demanded in a way inconsistent with the Fundamentals of Government excluding the power of Parliaments in the exercise of that Iurisdiction nor have we yet resolved how a due regard may be had that tender consciences which differ not in any Fundamentals in Religion may be so provided for as may stand with the Word of God and the peace of the Kingdom And let it be observed that we have had the more reason not to part with the power out of our hands since all by-past Ages manifest that the Reformation and purity of Religion and the preservation and protection of the people hath been by Parliament and the exercise of this power our Endeavours being to setle the Reformation in these Kingdoms of England and Ireland in Doctrine Worship Discipline and Government according to the Word of God and the Example of the best Reformed Churches and according to our Covenant Concerning a peace which is the right end of a just VVar to that purpose both Houses of Parliament have framed several Propositions to be sent to the King such as they hold necessary for the present and future safety of this Kingdom some of which are transmitted to our Brethren of Scotland where they now remain whose consent we doubt not to obtain since the Parliament of England is and ought to be sole and proper Iudg for the good of this Kingdom wherein we are so far from altering the fundamental constitution and Government of this Kingdom by King Lords and Commons that we onely have desired that by the consent of the King such powers may be setled in the two Houses to prevent a second and more destructive VVar not judging it wise or safe for the pretended power of the Militia in the King to have any authoritie in the same for the future introducing an arbitrary Government over this Nation and protecting Delinquents by force from the justice of Parliaments the chiefest grounds of the Parliaments taking up Arms in this Cause We do declare we will not interrupt the ordinary course of Iustice nor intermeddle in cases of private interest And as the Parliament have already for the benefit of the people taken away the Court of Wards and Liveries and all Tenures in capite and by Knights Service so we will take special care for the peoples ease in Levies of Moneys and in reducing Garisons Lastly whereas both Nations have entered into a solemn League and Covenant and Treaties between us concluded which we shall and have duly performed that nothing be done to the prejudice of either of them presuming that the good people of England will not receive prejudicate opinions by any forced constructions of that Covenant which is only to be expounded by them by whose authority it was established in this Kingdom April 18. But in great regret the Parliament order that the Preface to the Pamphlet intituled The Scots Commissioners Papers and the stating of the Question about the Propositions of Peace was this day burnt by the Hangman April 21. At length of time the eleventh of Iuly the tedious Propositions are finished and sent to the King by the Committee Earl of Pembroke and Montgomery and the Earl of Suffolk Mr. Goodwin Sir Iohn Hippesley Mr. Robinson and Sir Walter Earl The Propositions in general are these 1. That his Majesty would pass an Act for the Nulling of all Oaths Declarations and Proclamations against the Parliament of England of Scotland their Ordinances or their Adherents 2. The King to swear and sign the Covenant and an Act for the three Kingdoms to swear unto 3. An Act to take away Bishops and their Dependents 4. To confirm by Act the Assembly of Divines at Westminster 5. To settle Religion as the Parliament shall agree 6. In unity and uniformity with Scotland as shall be agreed upon by both Parliaments 7. An Act to be confirmed against Papists 8. Their Childâ—en to be educated in the Protestant Religion 9. And for Levies against their Estates 10. Against saying of Mass in this Kingdom 11. And in Scotland if they think fit 12. For observation of the Lords Day against Pluralities Non-Residents and for Regulating the Universities 13. That the Militia of England Ireland and Wales by Sea and Land be in the hands of the Parliament for twenty years and the like for Scotland and to raise Moneys for the same and to suppress all Forces raised in that time without their authority against all foreign Invasion Provided that the City of London may enjoy their Privileges to raise and imploy their
by broaching Heresies or by Schisme to the disturbance of the Church or State They that joyn Issue with the Iesuites that the King is not Head of the Church that stab him with their Pens and wound him with their Tongues and degrade him from that Authority over the Church and tread upon his his head must needs press his Shoulders the Peers and be grievous to the inferiour Subjects and enemies to Peace and Liberties for which so much Innocent Blood hath been spilt to the ruine of Ancient Families These are as those pretended Zelots cruel and bloody acting under colour of piety and now in this age are discovered for Nemo potest diu ferre personam fictam c. saies Sir Walter Raleigh The Assembly of Divines at Westminster were the most of such as had their wills working to this frame of Presbytery according to their Scotish Discipline for wheresoever they are they differ in Government by our connivance with the Scots we swear to their Covenant and called them in to defend the Parliament in this civil War against the King which thus far we have brought forth in blood Now we expect the issue and effects of the Synod of Westminster Assembly thus many years forming and framing for a Church Government and now ready we expect for a Directory of Discipline to us all And because we finde the King so infinite averse to this Presbyterial Government even to the hazard and ruine of himself Posterity and his Kingdoms of which he had forewarning in the same words by the Scots Estates and Nation Let us a little examine the constitution the exercise and practise thereof if such a pestilent nature remain therein as some doe suspect This Presbyterial Government hath four Jurisdictions Parochial Session Presbytery Provincial Synod and General Assembly Parochial Session is constituted of the Minister and a competent number of Lay Elders Presbyterie non docentes and Deacons and this is the Spiritual-Parochial-Sanhedrim the Minister is constant Moderator He hath no Negative voice the Jurisdiction Spiritual is radically in the Lay-Elders Their four Sacred Orders they hold to be Iure Divino Preaching Elders Doctors Lay-Elders who have vocem deliberativam decisivam in rebus fidei cultus Policiae and in foro exteriori Ecclesiae in censuris Ecclesiasticis are Authorized as Preaching Elders fourthly Deacons trusted with the Treasury and moneys The Lay Eldersand Deacons are yealry elected this year sacred the next propahne Hodie Clericus cras Laicus The competent cases of this Session are to enjoyn civil punishment and fines censuring of losses scandals for the capital scandals are reserved for the Presbytery Presbyterie is a Jurisdiction of Parish Churches more or fewer twenty twelve or less all persons within this Presbyterie whether King or his Family are under this grand Consistory The Members constituents hereof are all the Parochial Ministers within this Precinct and a Lay Elder of each Parish who is equal to the Preaching Elders and are pari consortio honoris potestatis praediti a Plough-man as good in power as the Preacher a parity in all nay to be Moderator also even in their Idolized General Assembly so were Robert Yoel George Buchanan and Andrew Melvil neither Priest Deacon nor Church-men The cases proper to this Judicatory are all crimes of highest strain punishable by death Excommunication Appeals from Sessions or Parochial Conclave the censure of all that is amiss in each Parish They meet once a week or fortnight and there all the Ministers in their turns exercise or expound There be Lay-Preachers or Ingredients young Students or Countrey School-masters and are called Expectants and once admitted in his turn of exercising may preach was ever such a prophanation a Lay-man without Orders to intrude upon this Sacred Function Within a County they may be more or fewer Presbyteries Independent one from another only Edenburgh Presbytery superintends over all and some others that Pope it over the rest like Patriarchs and the Responsa prudentum from hence are received like Oracles or Answers by Urim and Thummim All persons whosoever that live within the Verge of a Presbytery are answerable to this Classis the King or his Family must submit he must submit his earthly Scepter to this of Christ. See the Kings conference at Hampton Court q. 79. A Scotish Presbyterie and Monarchy saies King Iames agree as God and the Devil keeping state with King Iames as if two free Kings were in Treaty All Cases and Crimes committed or suspected though inconsonant to the Apostolical Canon de occultis non judicat Ecclesia are here questioned To cure these secret â—ins smelleth of the Auricular confession sigillum confessionis See Conference at Hampton Court pa 93. And if any two persons be suspected and are known to meet it shall be holden pro confesso and to be cleared only by their own oath This Judicatory of Presbytery is of so vast a latitude that as the Pope bringeth in all civil causes to himself sub formalitate peccati so doth this papal Conclave sub formalitate scandali any thing purely civil Nay to Transport Wax to Spain was to be accessary to Idolatry as supposing the wax might be imployed in making Tapers to the Virgin Mary and other Saints and so inconsistent with the authority of Civil Judicatories It hath power likewise to repeal Royal Grants by Law confirmed as to discharge a Munday Market because it occasioned the travelling on Sunday before It hath intermedled with Civil Actions interposing Suits between the Landlord and his Tenants in re civili but modus considerandi as they took notice of it it was Spiritual because it did draw people from their lawful Vocations and hindered the progress of the Gospel It hath power to transplant a lawful Minister because under pretence the Congregation is supposed not to be edified by him there needs no other reason but that this Presbyterie directed by Infallibility doe finde it é re Ecclesiae that is for Gods glory Which pretence increased neighbourly fewds to the effusion of much blood Provincial Synods are a Jurisdiction of greater extent then Presbyterie yet in its Essential power is the very same It is the apish Imitation of a Provincial Councel consisting of a Metropolitan and the suffragan Bishops of his Province with them it is an associate body of the Commissioners chosen out of all the individual Presbyteries within the Precinct of the Province and Scotland is divided into so many Provinces as is fit for the Government of the Church This Synod meets twice a year pro re nata The Cases which fall within their Jurisdiction are first all matters appertaining to the whole Province 2. All Referrees from Presbyterie within its Verge 3. All difficult cases of every several Presbyterie 4. And censure of them 5. And lieth all within the particular Presbytery and Parishes Lay or Clergy to obedience The same course holden here as in the Provincial Sanhedrim Only the policy
of this Synod is to have meetings and Counsels together and are able to draw their brethren Pupils of their Faction as servum pecus slavishly yet with much zeal to voice as they please for their ends These prime men of God are almost deified by the Commons and are honour'd by the subtil and cunning Nobles and Gentlemen caressed and invited principal Guests to their Ladies and Wives And therefore however this Church Government pretends purity it is protestatio contra factum And Mas Robert Bruce was so attended into Edenburgh which occasioned King Iames to say Bruce intends to be King and to declare himself heir to King Robert the Bruce and it may easily be so believed if we confer the story of Mas Bruce his carriage with King Iames being seriously asked by the King whether upon his coming to the Crown of England he might not redeem the Roman Catholicks of Scotland Angus Huntly and Arrol in point of State security and give them a pardon and to restore them to their honour and Lands Bruce answered you may pardon Angus and Arrol but not Huntly Nay said the King rather he then they he my kinsman and friend doe as you think fit replyed Bruce you shall not have me and Huntly both for you see the story and yet this man was but a Minister at Edenburgh The General Assembly the great and high Sanhedrim the last resolution of faith the ultimate decision of all Controversies Infallibilitie the Jurisdiction universal concerning Ecclesiastica Ecclesiasticos and all Temporalia in ordine ad spiritualia It hath an Independent Soveraignty immediately from Christ to punish in Estate Life or Body in Life and death The King is to be Excommunicable and every Individual person whatsoever is to concur to compel censure punish dethrone un-King to kill c. It is composed of Commissioners from all the Presbyteries each Presbyterie sending two preaching Elders and a Lay Elder Every Corporation one Commissioner The Universities send Commissioners Lay-men and Graduates in Liberal Arts and Sciences The King is a Member Personally or Virtually and Representatively He hath one voice affirmative only Some hold he is there Princeps membrum some say he sits there as the Representative of the Civil body of the Kingdom and hath power to keep the peace there He may have four or five Assistants for advice whilst matters are in debating but in Vote he hath only one voice and that Affirmative only not Negative and is bound to put it to execution though against his conscience for Potestas juris is radically in the whole Assembly the King having but potestatem facti to be an Executioner Rei judicatae The King presides they say but so that it is only civilly in his civil capacity He cannot propose any thing Spiritual the Moderator must He cannot hinder the proposing of any thing concerning the Kingdom of Christ for then it were no free General Assembly Nay if the thing proposed be Spiritual and twisted with things civil and so endanger a change and distemper in the State and Government or danger to the King or Crown the Moderator or any Commissioner only hath power to propose and to determine it and that for God and Christs glory And observe that the proper Moderator should be a Preaching-Elder though we have noted before how Laymen Buchanan Melvil and Bruce have been Moderators but a Lay Elder cannot be Moderator Here is the Legislative Power the Soveraignty of Christs Kingdom the highest Tribunal and Judicatory of Christ upon Earth from which no Person no Officer no condition of Creature is priviledged from it no appeal They indict the Assembly by their own power Necessarily once a year they meet This Assembly vindicateth to it self only authoritativè within the Church of the Kingdom and Nation Yet consensivè and charitativè to extend to all Churches in the World what ever it be that concerneth fidem cultum Regimen c. credenda agenda And in ordine ad Spiritualia they will give the King Laws repeal his Laws command obedience to theirs otherwise Excommunication follows and if he neglect that then they incite inferiour Magistrates Nobles and Commons to order him compel and force him He is in a worse condition under this Soveraignty then under the Pope who is but One these a multitude And in this Assembly the Lay Judges Elders are de jure divino in the highest points of Faith Worship c. and have Vocem deliberativam vocem decisivam and to give Normam fidei cultus politiae what shall we say now to that of the Councel of Chalcedon Concilium Episcoporum est c. and that old verse Ite for as Laici non est vobis locus ici By the power of this Assembly all things there done are animated with a Potestative power by the influence which these Orders received from that Legislative power Christ hath intrusted them within his Oeconomical Kingdom They are above the King and his Soveraignty Their constant Tenet That if the King Queen Regent or Protector of the people or any other in whose person Soveraignty is fixed or will not submit to this holy Scepter any man or men are bound to doe it at their direction Representatively by a Fiduciary trust One of their own says that there is no authority above the Brotherhood No Magistrate may lawfully maim or deform the body of Christ the Church no lawful Church Government is changeable at the pleasure of the Magistrate of necessity all Christian Magistrates are bound to receive this Government Another says That what the holy Brotherhood cannot obtain by suit and dispute the people must bring it to pass The Scots maintain Religion may be reformed or preserved by violence if the King will not the Nobles may if neither of them will the people must Inferiour Magistrates and people may joyn every Individual in this good work may and ought to their utmost power intend and endeavour Reformation they have Texts of Scripture for all of Phineas who killed the Adulterers of Ehud who slew Eglon of Iael who killed Sisera of Matthias who killed a Iew for committing Idolatry and who in the same zeal killed the Kings Commissioner and all to be done in zeal as they fancy to God and his Cause All well affected may Covenant and Combine for doing this work The Confederates may by themselves give Orders of Reformation without the Authority of Soveraignty The have protested in Scotland against King and Parliament contemned Soveraign Authority usurped Royal power renounced their lawful Soveraign command all the Brotherhood to be assistant Denounce War against their Adversaries hear of no peace but enter combination for mutual defence Depose the Queen Regent And for Presidents of all or any of these we may have them in the History of Knox. In a word so absolute so incontroleable is this high Celestial Court that it commandeth conscience and Soul disposeth of Body and Estate that if you conform not to their
upon these faithless Creatures is to force them by the Sword which may cut off the rebellious Members and cause others to keep within the compass of Loyalty for no sooner were the English Forces called over out of Ireland for the Kings Service in England Anno 1643. but the Rebells broke all Contracts and began their Rapines and Murders as at first and in a word all Treaties of Peace with Irish Rebells from the first of their Insurrections have ever proceeded fatal to the English producing no other effects than Treacheries which being not timely discovered brought Mischief and Misery upon the heads of them who had too much relyed on them But now it may seem unreasonable say some to neglect an adventure of a second Treaty of Peace when the English are not able to force them by the Sword nor to defend themselves And 't is as true that the English deserve blame for trifling so much time before the Association with the Scots was concluded or the counsels of both communicated each to other uniting into one Body and might have prevented that unfortunate Blow which was given to the Scots by the Arch traitour Owen Ro Oneal who now wants nothing to crown his Designs but the winning of Dublin and Drogheda the onely two places of Importance within the Province of Lemster now remaining in the Kings possession The wilfull separation of the English and Scots which should hold together in this Irish War verifies the Observation Dum pugnamus singuli vincimur universi And by this means the Rebells prevailed in their Cruelties enforcing the Protestants to abandon their Habitations nay theiâ— Nation and to cross the Seas by Hundreds and Thousands to prevent the cruelty of the barbarous Enemy bemoaning themselves as formerly the Britains said by the Scots Repellunt Barbari ad Mare repellit Mare ad Barbaros inter haec duo genera funerum aut jugulamur aut mergimur But in effect good counsel was not accepted and so misery followed for a long time to the English Protestants The King now with the Scots Army was wrought upon to comply with them and the Parliament as he had cast himself into their hands so now it was his necessity also to put his own affairs to their managing and under his hand to give command to all his Garisons to surrender to the Parliament His affairs in Ireland were kept up as yet being at this distance not so soon to be submitted yet in order thereto he writes to the Marquess of Ormond his Lieutenant General there from Newcastle the eleventh of Iune 1646. requiring him and peremptorily commanding not to fall into any Treaty with the Irish which might engage the King to the Romish Catholicks party with whom he was induced to a Pacification which being communicated with the Council Board they all resolved to yield obedience in that point and a Letter instantly drawn up to return to the King with their punctual submission with an ample Relation of other Occurrents and passages concerning the Kings Service there where on the sudden one of the Council of honourable Rank gave it in to be considered that the King being now under Restraint may not be free to do as himself might think fit but what his new Masters may enforce from him and this Command of his was likely to proceed from them in the Scots Army To clear this Doubt the Bishop of Meath gave his Opinion that it seemed to him to be the Kings free act without enforcement Observing that they are not required by his Majesties Letters to take the Covenant or to conform to the new way of Reformation in Divine Worship nor to withdraw obedience from the Government established by his Royal Authority but the King being now disobliged of all former Engagement which the Irish had upon him by their wilfull Breach of Conditions he would not now again trust them any more upon the like score and therefore the matter of Peace being now the Rebells aim no longer than they may be anew furnished for a more fearfull War besides the Kings party must be enforced to make War upon the Parliaments party who are absolutely resolved never to afford them a Peace untill they have revenged the inhumane Murders made upon our Countreymen and Protestants And being now united with the powers of two potent Kingdoms England and Scotland this same Nation of Ireland if supposed to be faithfull can never be able to oppose them But this advice was somewhat checked by the visible assistance of the French who had already heightened up the Kings party to a War against the Parliament and to joyn in Peace with the Irish having already sent the Lord Digby with ten thousand pounds to Ormond as the earnest of some particular matters hereafter the pretence was to restore the King But in truth the French King aimed at his own advantage by favouring the Irish for the French Resident there had written to Ormond That if the King and Parliament should conclude a Peace it must be necessary to comprehend the Irish therein and for their settlement in their due Rights otherwise his Master must take the Irish into his Protection A practice evermore of the Irish to seek protection of Foreign Princes Bodin in his first Book de Republ. mentioneth an Earl of Desmond Gerald Fitz Iames the last of that House was killed in actual Rebellion and was afterwards attainted by Act of Parliament This Gerald had writ a Letter to Henry 2. of France That if his Majesty could procure a Grant of the Kingdom of Ireland from the Pope he would be content to hold it of him as in fee. Which Letter seems to have some reference to the Popes claim of a Right or propriety challenged by him in all the Islands of the World and so in Ireland upon which pretended ground Pope Adrian the fourth called Nicholas Breakspear â— and sometime a Monk of St. Albans licenced Henry 2. of England to invade Ireland and passed a Grant to him of the whole Kingdom reserving to his Holiness an annual Rent of Peter-pence to be passed out of every House in the Land the Original Record is kept in the Vatican and the Copy to be read in Baronius Annals And why not the same Design of France at this time the Popes Nuncio and the French Agent had been there above a year resident amongst the Confederates And it seems considerable for any ambitious Prince to purchace thereby to step into the Conquest of England It was the Observation of one of the Irish petit Kings who being driven out by some seditious Inhabitants sailed over into Anglesey then called Monae the Isle of Man and getting access to the Roman General Iulius Agricola told him that the Kingdom of Ireland might be kept in subjection Regione una modicis auxiliis adversus Britaniam profuturum If the Britains should by any sudden Insurrection shake off their yoke under the Roman Emperour And certainly
if the French or any other Nation should be called in thither it might be of dangerous consequence for so the Irish Rebells now threatned in case they should be put to extremity The Picts called for the Scots out of Ireland to assist them against the Britains and having done that Work they fell upon the Picts themselves and destroyed them and so took possession of that part of North Britain which from them ever since takes name of Scotland The like did the Saxons or rather a Rout of Pirates and Sea-Rovers they were no better invited to assist the miserable Britains against the barbarous Scots and put a final stop to their Incursions and after by Surprize of the Nobility of Britania and slew them The Remain of the people fled into the Mountains of Wales and Cornwall where they remain ever since and left the best of the Land to the insulting Saxons Nay did not Heraclius the Greek Emperour call for aid of the Rake-Hell Rabble of Scythians to assist him against the Saracens but no sooner got footing in the Empire and in process of time seized Constantinople slew Constantine the last of the Imperial Race of Paleologs and now possess that Seat the chief Residence for the great Turk descended of those Saracens But these were Pagans and Infidels we are all Christians Truly they can practise the old Rule Si violandum est jus regni causa violandum est in caeteris pietatem colas To gain Kingdoms we may bid Conscience good night And so it was happy for the King that his party called not over the French to fight for him nor would the Parliament at any time make Peace with the Irish wise enough they were to keep down the pride of the treacherous Scot that had good footing there in Ireland See before Anno 1643. the Treaty at Siginstone Septemb. 15. But the Parliament of England had considered of the order and manner of governing of Ireland by a Lord Lieutenant General and whom should they pick out but the Lord Lisle Son to the Earl of Leicester to command all the Forces raised and to be raised in and for reducing that Kingdom with a Council about him both at home and abroad the better to enable him for the Government but not as the Motto sets out Caesar this General went thither and so came home again as hereafter is mentioned The English Forces there in some distress the British in the North in great want but the happiness was that the Rebells were at difference amongst themselves And the thirteenth of May the Lord Lisle had order to beat his Drums to raise six thousand Foot and eight hundred and fifty Horse in England and Wales and for maintaining of these Forces it was ordered Six thousand pounds every six moneths end to the Treasurers for Ireland News came the fifteenth of Iune of the great Defeat given to the English and Scotish Forces in the Province of Ulster and the Parliament ordered five thousand Foot more fifteen hundred Horse to be added to the former Forces ordered in May and Arms Amunition and Victuals speedily to be sent over And notwithstanding the Parliamentary proceedings in Ireland by their advice and directions to such of their own party the King likewise had a particular party under the publick Government of the Marquess of Ormond Lieutenant General of his Majesties Forces for the Government of Ireland to whom he writes for the discharging all further Treaties with the Irish Rebells for any Peace as the Parliament advised the King to write the eleventh of Iune The Lord Broghall and the Lord Inchequin were particularly for the Parliament Broghall had intermixed several Successes against the Rebells he took Castle Lions and Inchequin Castle near Yougball then his Horse marched to Dungarven returning with five or six hundred head of Cattle and besieged the Garison of Blarnly Castle and the next Night gained the Out-works and the next Day set threeâ— Battering Guns against one of their new Flanks sixteen foot thick within the Castle their Powder took fire and blew up and spoiled twenty of their Men which with the bold Attempts of the Besiegers the Castle was surrendered the next Day the fifteenth of Iune two hundred persons to march away who left this exceeding strong place being held by faint hearts for a small space and now delivered up to slender Forces Musgrave was General for the Rebells and with the greatest Army of theirs was set down besieging Banratty against whom they sally out daily with very good Success Notwithstanding the Kings Letters at Newcastle whilest he was under durance That Ormond should not treat with the Rebells yet it seems he had finished and articled into a Peace with them August 1. That the Irish be not bound to take the Oath of Supremacy A Parliament to be held before November All Acts against the Roman Catholicks to be repealed Places of Strength to be in the hands of men of merit But the reason might be the wonderfull misery of the English and Scots Forces there impossible to hold out without any reasonable Food for Man or Horse And it was conceived there by Ormond and the Kings party that it was most convenient for the general good of the Protestants for it soon occasioned a Breach amongst the Rebells the Popes Nuncio and that Clergy protesting against it as being done without their privity and the chiefest of their Towns oppose the Peace as Limrick Waterford Wexford Lemster and Galloway And herein Ormond according to the Articles on either side was to assist against the Opposers of the Peace the fourteenth of Septembeâ— who marching with some thousands towards Kilkenny had intelligence by the way that a party of the discontented Rebells against the Peace had a Design against his person which made him suddenly to return to Dublin Concerning the thirty Articles the Popish Clergy disclaimed them and at a Supream Council ordered That all and singular Confederate Catholicks who shall adhere to the said Peace or consent with the Favourers of it or after any other manner shall entertain and imbrace it are absolutely to be accounted perjured specially for this reason because in these Articles there is no mention made of the Catholick Religion and the security thereof nor any regard had of the Consecration of the Priviledge of the Countrey as it was promised by the Oath But that all things are rather referred to the judgement of our most renowned King From whom in this present estate we can have nothing setled and in the mean time the Armies Weapons and Fortifications and the Supream Councel of the Confederate Catholicks it self are subjected to the Authority and Command of the Council of the State and the Protestant Officers of his Majestie from whom that we might be secure we have taken Oath For which and many other causes being moved only by our Consciences and having God before our eyes that it may be known to all and singular as
down thither for Subscribers Then comes out an Apology of the common Souldiers to their General presented under the Hands of the Agents or Commissioners as they call themselves for the several Regiments wherein they complain of the Design of Modelling and Disbanding some of their Forces styling the publick proceedings To be a Plot a meer Cloak for some who have lately tasted of Sovereigntie and being lifted beyond their ordinary Sphere of Servants seek to become Masters and degenerate into Tyrants and therefore utterly refuse the Service of Ireland untill their Desires be granted the just Right and Liberties of the Subject vindicated and maintained To which they all subsign April 28. for which some of them were questioned and imprisoned but then they are angry indeed and complain to their General That they speaking but for the Rights and Liberties of this Nation are some of them slighted abused beaten and dragged to Goals to the Ruine of their Estates and loss of their Lives The Parliament bussle and vote the Apologizers Enemies to the State and such as they could catch were laid by the heels at London The King was close beset with watchfull eys over him and yet one Major Bosvil once of his Army and of the Lord Cleveland's Regiment disguised in a Countrey-mans Habit the King walking out passed over a narrow Bridg he put a Pacquet into the Kings hand but was discovered by the Miller directing the Pursuit after the Major who was overtaken and brought to confession That the Letters came from the Queen at Paris and that they contain a Desire of the Prince of Wales to go with the Duke of Orleans into the Field this Summer who commands the French Armie against the Spaniards in Flanders But the King being desired to acquaint his Guardians with the Contents he answered That he was not to give account to any man living And because the Countrey flocked to the Court for cure of the Disease called The Kings Evil the Parliament declare That the People shall be satisfied of the fond Superstition of that custome to be touched by the King and that they are not suffered to be healed by him And being the Feast of the Church called Easter the Parliament discharged that Solemn Custom But were told by the King that the Feast was Instituted by the same Authority which changed the Iewish Sabbath into the Lords day or Sunday for the Scripture doth not mention this So then we may as well return to the Sabbath Saturday if we refuse the Church Authority which Instituted both 23. April This day was read the Kings Letter to the Parliament in effect to Answer the Propositions formerly sent to him which he had lying by him and that himself without a Secretary had formed this Answer CHARLES REX As the daily expectation of the coming of the Propositions hath made his Majesty this long time to forbear giving his Answer unto them so the appearance of their sending being no more for any thing he can hear than it was at his first coming hither notwithstanding that the Earl of Louderdale hath been at London above these ten daies whose not coming was said to be the only stop hath caused his Majestie thus to anticipate their coming to him and yet considering his condition that his Servants are denied accesse to him all but very few and those by appointment not his own election and that it is declared a crime for any but the Commissioners or such who are particularly permitted by them to converse with his Majesty or that any Letters should be given to or received from him may he not truly say that he is not in case fit to make concessions or give Answers since he is not master of those ordinary actions which are the undoubted rights of any free-born man how mean soever his birth be And certainly he would still be silent as to this Subject untill his condition were much mended did he not prefer such a right understanding betwixt him and his Parliaments of both Kingdoms which may make a firm and lasting peace in all his Dominions before any particular of his own or any earthly blessing and therefore his Majesty hath diligently emploied his utmost endeavours for divers moneths past so to inform his understanding and satisfie his Conscience that he might be able to give such Answers to the Propositions as would be most conformable to his Parliament but he ingeniously professes that notwithstanding all the pains that he hath taken therein the nature of some of them appears such unto him that without disclaiming that Reason which God hath given him to judge by for the good of him and his people and without putting the greatest violence upon his own Conscience he cannot give his consent to all of them Yet his Majesty that it may appear to all the World how desirous he is to give full satisfaction hath thought fit hereby to expresse his readinesse to grant what he may and his willingnesse to receive from them and that personally if his two Houses at Westminster shall approve thereof such further information in the rest as may best convince his iudgment and satisfie those doubts which are not yet clear unto him desiring them also to consider that if his Majesty intended to winde himself out of these troubles by indirect means were it not easie for him now readily to consent to what hath or shall be proposed unto him and afterwards choose his time to break all alleging that forced Concessions are not to be kept surely he might and not incur a hard censure from indifferent men But maxims in this kinde are not the guides of his Majesties actions for he freely and clearly avowes that he holds it unlawfull for any man and most base in a King to recede from his promises for having been obtained by force or under restraint wherefore his Majestie not only rejecting those acts which he esteems unworthy of him but even passing by that which he might well insist upon a point of honour in respect of his present condition thus answers the first Proposition That upon his Majesties coming to London he will heartily joyn in all that shall concern the honour of his two Kingdoms or the Assembly of the States of Scotland or of the Commissioners or Deputies of either Kingdom particularly in those things which are desired in that Proposition upon confidence that all of them respectively with the same tendernesse will look upon those things which concern his Majesties honour In Answer to all the Propositions concerning Religion his Majesty proposeth that he will confirm the Presbyterial government the Assembly of Divines at Westminster and the Directory for three years being the time set down by the two Houses so that his Majesty and his houshold be not hindered from that Form of Gods Service which they formerly have And also that a free consultation and debate be had with the Divines at Westminster twenty of his Majesties nomination being added
Lordships cannot be ignorant And further give me leave to adde if so unworthy a servant as I am and that which concerns my honour were at all worthy your consideration whether it would not much reflect on me in case these Gentlemen should be removed from hence The King and they have freely thrown themselves upon me for safety upon confidence as they please to say of my honour and honesty and the satisfaction they expect it would have given the Parliament the King being necessitated to remove c. Yet whatever is commanded by Authority of Parliament though never so contrary to my sense or honour shall never be disobeyed by my Lord Carisbroke Caste 19. Nov. 1647. Your Lordships servant Ro. Hamond The King was now at leisure to bethink himself what advantage a personal Treaty would be to him and being mindful of what he had lately writ to the Parliament concerning the same in his last Message to them from Carisbroke Castle He writes to them again 6. December for an Answer CHARLES REX Had his Majesty thought it possible that his two Houses could be imployed in things of greater concernment then the peace of this miserable distracted Kingdom He would have expected with more patience their leisure in acknowledging the receipt of his Message of the 16. of November last But since there is not in nature any consideration preceding to that of Peace his Majesties constant tenderness of the welfare of his Subjects hath such a prevalence with him that he cannot forbear the vehement prosecution of a personal Treaty which is only so much the more desired by his Majesty as it is superiour to all other means of Peace And truly when his Majesty considers the several complaints he daily hears from all parts of this Kingdom that Trade is so decayed all Commodities so dear and Taxes so unsupportable that even natural subsistence will instantly fail His Majestie to perform the trust reposed in him must use his utmost endeavours for Peace though he were to have no share in the benefit of it And hath not his Majesty done his part for it by divesting himself of so much Power and Authority as by his last Message he hath promised to doe upon the concluding of the whole Peace And hath he met with that acknowledgment from his two Houses which this great grace and favour justly deserves Surely the blame of this great retarding of Peace must fall somewhere else than on his Majesty To conclude if ye will but consider in how little time this necessary good work will be done if you the two Houses will wait on his Majesty with the same resolutions for Peace as he will meet you he no way doubts but that ye will willingly agree to this his Majesties earnest desire of a personal Treaty and speedily desire his presence amongst you where all things agreed on being digested into Acts till when it is most unreasonable for his Majesty or his two Houses to desire each of other the least concession this Kingdom may at last enjoy the blessing of a long wisht for peace Carisbook Castle Decemb. 6. 1647. For the Speaker of the House of Peers pro tempore to be communicated c. And accordingly the monstrous distractions of the State and Army wrought upon both to satisfie the King and peoples desires and therefore to oppose his demands they prepare four Bils as a pledge of trust to which if he assent it would draw on a Treaty touching the rest which they intended by Propositions to be compleated with speed The four Bills were these 1. That it be lawful for the future to order the Militia of the Kingdom without the Kings consent to raise what Armies they please All others under pain of Treason are prohibited to assemble to the number of thirty persons without the Authority of Parliament 2. That it be lawful for the Houses to sit to adjourn their sitting to what place they please to assemble at what time soever and at their own discretion 3. That all the Oaths Interdictions and Declarations sent forth in publick against either Houses be accounted and declared void 4. Whomsoever of the Nobility the King had dignified with Titles from the time himself departed and carried away the great Seal of the Kingdom the same be degraded of their Honours And these to be passed into Acts. The Bills and the Propositions in effect as before with some alterations were thought fitting to be sent together which were brought to the King by Commissioners but the Scotish Commissioners followed at their heeles and presented the day before the Scots came 29. of Decem. at Carisbrook Castle to which he said though they were long yet he would shortly give Answer The next day the Scots came and present a Paper of their dissent in these words That the new Propositions and the Bills therewith presented to your Majesty are so prejudicial to Religion the Crown and the Union and Interest of the Kingdoms and so far different from the former proceedings and engagements betwixt the Kingdoms as we cannot concur therein Therefore we do in the Name of the Kingdom of Scotland dissent from these Propositions and Bills now tendered to your Majesty Louderdale Erskin Kenners Barkey And Publish their Reasons in a Declaration First in the matters of Religion Next concerning the interest and power of the Crown which they are bound by Covenant Allegeance and Duty not to diminish which power principally consists in making and Enacting Laws and in protecting and defending his Subjects and the exercise of that power are the parts and duties of that function That the Scepter and Sword are the Badges of that power And concerning the Militia they conceive that in his Majesties Message from Carisbroke Castle he hath offered that which is very satisfactory but that the King his posterity and Crown should be thereof divested for ever how can he or his posterity protect either without that power Touching confirming of Titles of honour the King ought not to be deprived of that which hath been held and is a Flower of his Crown See the Kings own Arguments in his Declarations May 1642. and concerning Hull That they had desired a personal Treaty with the King in London November 5. and afterwards November 17. to all which they never received Answer and that some things were to be distinguished but the expresse conditions of their League and Covenant the duty of their Allegeance and the treaties between the Kingdoms are such strong obligations as all that Honour or Conscience must acknowledg to be inviolably observed That the sending of Propositions without a Treaty hath been essayed without successe That the new Propositions are lesse to the advantage to the Crown then the former therefore unlike to have better successe than formerly That the Parliament have ever acknowledged the removal of the Kings person from his Parliament to be the chief cause of all the War and that then his presence
of passing their late resolutions touching no further address or application to be made to the King published by his Majesties appointment I believe that it was never heard of untill now that heavy imputations were laid on any man I speak not now of Kings which I confess makes the case yet more strange and unjust and he not permitted to see much less to answer them but so it is now with the KING which does though silently yet subject him to as great an imputation as there is any in the said Declaration for those who know no better may think that he cannot because he does not Answer it Wherefore I hold it my duty knowing these things better than every ordinary man to doe my best that the King should not be injured by the ignorance of his people and albeit I lying under persecution for my Conscience and Love to Regal Authority have not the means in every thing to make full probations yet I am confident in all the most material points for to make the truth of the KINGS innocency appear that I shall satisfie any impartial judicious Reader What the issue of former Addresses to the KING hath been is most certainly known to all the World but where the faults rest whereby Peace hath not ensued bare asseverations without proofs cannot I am sure satisfie any judicious Reader And indeed it seems to me that the Penner of this seeks more to take the ears of the ignorant multitude with big words and bold assertions than to satisfie rational men with real proofs or true arguments For at the very first he begs the Question taking it for granted that the KING could ease the sighs and groans dry the tears and stanch the Blood of his distressed Subjects Alas is it he that keeps Armies on Foot when there is none to oppose Is it he that will not lay down Excise Taxations and Free-Quarterings But it is he indeed who was so far from power even at that time being far worse since that in most things he wanted the liberty of any free-born man It is he who never refused to ease his people of their grievances witness more Acts of grace passed in his Reign than to speak within my compass in any five Kings or Queens times that ever were before him moreover it is he who to settle the present unhappy distractions and as the best means to it to obtain a personal Treaty hath offered so much that to say truth during his own time he hath left himself little more then the Title of a KING as it plainly appears by his Message from the Isle of Wight concerning the Militia and chusing the Officers of State and privy Counsellours besides other points of complyance which is needless here to mention Good God! are these Offers unfit for them to receive Have they tendered such Propositions that might occasion the world to judge that they have yielded up not only their wills and affections but their reasons also and judgments for obtaining a true peace or good accommodation It is true that if they can shew what reasonably they could have asked more or wherein the KINGS offers were deficient either in point of security or by with-holding from any of his Subjects a jot of their just priviledges then they said somewhat to challenge belief But bare Asseverations even against what a man sees will not get credit with any but such who abandon their judgments to an implicite Faith Nor can the determinations of all the Parliaments in the World make a thing just or necessary if it be not so in it self And can it be imagined that any who were ever acquainted with the passages at the Treaties of Oxford and Uxbridge will believe though it be said that the Propositions tendred at Newcastle were the same in effect which had been presented to the King before in the midst of all his strength and Forces Indeed me thinks such slips as these should at least make a man be wary how to believe such things for which he sees no better proofs and yet it should seem that a man must either take their words for good payment or remain unsatisfied for a little after it is said That the Kings strange unexpected and conditional Answers or Denials might justly have made them consider some other course for setling the Kingdom in peace and safety without any further application but never shew wherein the strangeness of his Answers or Denials consists and I should think that those Reasons upon which the laying by of a KINGS Authority is grounded for it is no less ought to be particularly mentioned for the Worlds satisfaction and not involved in general words for it thereby seems that it is their power more than that of Reason which they trust to for procuring of obedience to their Determinations or belief to what they say Otherwaies can it be imagined that their saying That their last Propositions were to be qualified that where it might stand with the publick safety the wonted Scruples or Objections were prevented or removed can give satisfaction to any rational man who hath seen all their former Propositions For it is most evident that their demands have alwaies increased with their good fortune And for their great Condiscention to a personal Treaty which under favour can scarcely be called so for the KING though he had granted what was desired was not to come neither to nor near London but to stay in the Isle of Wight and there to Treat with Commissioners upon signing the four Bills Surely they incurred therein but little danger for it is most evident that they contain the very substance of the most essential parts of their demands which being once granted the KING would neither have had power to deny nor any thing left worth the refusing for after he had confessed that he had taken up Arms to invade the Liberty of his people whereas it was for the defence of his own Rights and had likewise condemned all those who had served him and that he had totally divested himself his Heirs and successors for ever of the power of the Sword whereby the protection of his Subjects which is one of the most essential and necessary Rights belonging to Regal Authority is totally torn away from the Crown and that by a silent confession he had done himself and Successors an irreparable prejudice concerning the gâ—eat Seal I speak not of the other two Bills neither of which are of little importance what was there more for him to grant worth the insisting upon after such Concessions or indeed what power was left him to deny any thing So that the KINGS necessity of giving the Answer he did for it was no absolute refusal is most evident unless he had resolved to have lived in quiet without honour and to have given his people peace without safety by abandoning them to an arbitrary and unlimited power of the two Houses for ever concerning the Levying of Land or Sea Forces
left him to acknowledg or mend it and yet this is the Kings present condition who is at this time laid aside because he will not consent c. Then Jealousies and fears were raised of some designs in London and therefore the Earl of Cleveland is now remanded into the Tower Sir Lewis Dives to be close Prisoner and Sir Iohn Stowel and Judge Ienkins to be tryed at the Kings-Bench-Bar And proceedings to be hastened against the late Mutinies of the City of London and of Canterbury and of other Towns and Counties about keeping the last Christmas-day And that Serjeant Iermin Mr. Bradshaw and Mr. Steel now Recorder in the place of Serjeant Glyn are appointed by councel of tâ—e Parliament against those Delinquents But the King thus sadly set aside and no more addresse to him nor Messages to be received from him or any other in his behalf He is put upon it in publick to complain to his people by his Declaration the eighteeth of Ianuary which came privately to many mens hands then and since very publickly in these words Am I thus laid aside saith the King and must I not speak for my self No! I will speak and that to all my people which I would have rather done by the way of my two Houses of Parliament but that there is a publick order neither to make addresses to or receive Messages from me and who but you can be judge of the differences betwixt me and my two Houses I know none else for I am sure you it is who will enjoy the happiness or feel the misery of good or ill Government and we all pretend who should run fastest to serve you without having a regard at least in the first place to particular interests And therefore I desire you to consider the state I am and have been in this long time and whether my actions have more tended to the publick or my own particular good for whosoever will look upon me barely as I am a Man without that liberty which the meanest of my Subjects enjoyes of going whither and conversing with whom I will As a Husband and Father without the comfort of my Wife and Children or lastly as a King without the least shew of Authority or Power to protect my distressed Subjects must conclude me not only voyd of all natural Affection but also to want common understanding if I should not most cheerfully embrace the readiest way to the settleâ—ent of these distracted Kingdoms As also on the other side do but consider the form and draught of the Bills lately presented unto me and as they are the conditions of a Treaty ye will conclude that the same spirit which hath still been able to frustrate all my sincere and constant endeavours for peace hath had a powerful influence on his Message for though I was ready to grant the substance and comply with what they seem to desire yet as they had framed it I could not agree thereunto without deeply wounding my Conscience and Honour and betraying the trust reposed in me by abandoning my people to the Arbitrary and unlimited power of the two Houses for ever for the levying and maintaining of Land or Sea Forces without distinction of quality or limitation for money taxes And if I could have passed them in termes how unheard of a condition were it for a Treaty to grant before hand the most considerable part of the Subject matter How ineffectual were that debate like to prove wherein the most potent party had nothing of moment left to ask and the other nothing more to give So consequently how hopelesse of mutual complyance Without which a settlement is impossible Besides if after my Concession the two Houses should insiâ—â— on those thing from which I cannot depart how desperate would the condition of these Kingdoms be when the most proper and approved remedy should become ineffectual Being therefore fully resolved that I could neither in conscience honour or prudence passe those four Bills I only endeavour'd to make the Reasons and Iustice of my denyal appear to all the World as they do to me intending to give as little dis-satisfaction to the two Houses of Parliament without betraying my own cause as the matter would bear I was desirous to give my Answer of the 28. of December last to the Commissioners sealed as I had done others heretofore and sometimes at the desire of the Commissioners cheifly because when my Messages or Answers were publickly known before they were read in the Houses prejudicial interpretations were forced on them much differing and sometimes contrary to my meaning For Example my Answer from Hampton Court was accused of dividing the two Nations because I promised to give satisfaction to the Scots in all things concerning that Kingdom And this last suffers in a contrary sense by making me intend to interest Scotland in the Laws of this Kingdom then which nothing was nor is further from my thoughts because I took Notice of the Scots Commissioners protesting against the Bills and Propositions as contrary to the interests and Engagements of the two Kingdoms Indeed if I had not mentioned their dissent an Objection not without some probability might have been made against me both in respect the Scots are much concern'd in the Bill for the Militia and in several other Propositions and my silence might with some justice have seemed to approve of it But the Commissioners refusing to receive my Answer sealed I upon the Engagement of their and the Governours honour that no other use should be made or notice taken of it then as if it had not been seen read and delivered it open unto them Whereupon what hath since passed either by the Governour in discharging most of my Servants redoubling the Guards and restraining me of my former Liberty and all this as himself confest meerly out of his own dislike of my Answer notwithstanding his beforesaid Engagement or afterwards by the two Houses as the Governour affirms in confining me within the circuit of this Castle I appeal to God and the World whether my said Answer deserved the reply of such proceedings Besides the unlawfulnesse for Subjects to Imprison their King That by the permission of Almighty God I am reduced to this sad condition as I no way repine so I am not without hope but that the same God will in due time convert these afflictions into my advantage In the mean time I am confident to bear these crosses with patience and equality of minde But by what means or occasion I am come to this Relapse in my affairs I am utterly to seek especially when I consider that I have sacrificed to my two Houses of Parliament for the Peace of the Kingdom all but what is much more dear to me than my Life my Conscience and Honour desiring nothing more than to perform it in the most proper and natural way a personal Treaty But that which makes me most at a losse is the remembring my
good by Lawes Statutes Oaths Protestations But on the Visitors proceed and inquiry being made of that neglect to take the Solemn League and Covenant and the Negative Oath and oppose their obedience to the discipline and directory or shall not promote them to their several places and callings Upon which the Masters Scholars and other Officers and Members of this University not to judge the Consciences of others but to clear our selves before God and the world from all suspition of obstinacy whilst we discharge our own Present to consideration the true Reasons of our present judgement concerning the said Covenant Oath and Ordinances expecting so much Justice and hoping so much Charity as either not to be pressed to conform to what is required in any of the Premisses further then our present judgement will warrant us or not condemned for the 〈◊〉 so to doe without real and clear satisfaction given to our just scruples And first they except against the Preface as not conceiving the entring into such a League and Covenant to be a lawful proper and probable means to preserve our selves and our Religion from ruine and destruction Nor can believe the same to be according to the commendable practice of these Kingdoms or the example of Gods people in other Nations when we finde not not the least foot-steps in our Histories of a sworn Covenant ever entered into by the people of this Kingdom upon any occasion whatsoever nor can remember any commendable example of the like done in any other Nation but are rather told by the defenders of this Covenant That the world never saw the like before Mr. Nye Covenant with Narrative pa. 12. And of the Covenant in gross they are not satisfied first how they can submit to the taking thereof as it is now imposed under a penalty as being repugnant to the nature of a covenant a volantary mutual consent of the â—ontractors not compelled Pactum est duorum pluriúmve in idem placitum consensus Nor can they take it without betraying the liberty which we swear with our lives and fortune to preserve and is expressed in the Petition of Right and by the Parliaments Declarations acknowledged to be contrary 3. Without acknowledging in the Imposers a greater power then can consist with our former Protestation Nor can we in wisdom and duty being Subjects enter into a Covenant wherein He whose Subjects we are is in any wise concerned without his consent It being in his power by the equity of the Law Numb 30. to Annul and make void the same at his pleasure And seeing the King hath by his publick Interdict expresly forbidden the taking thereof Proclam 9. Octob. 9. Car. Then they except against some Branches in each of the six Articles And concerning the Negâ—tive Oâ—th They cannot take it without forfeiture of that Liberty not to take any Oath unless established by Act of Parliament without abjuring our National Allegiance violating the Oaths of Supremacie and Allegiance whereby every Subject is bound to serve and assist his Prince and Soveraign at all seasons when need shall require 11. H. 7. 18. and without diminution of his Majesties just power and greatness And concerning the Discipline and Directory all together they are not satisfied how they can submit to the Ordinances of Parliament not having the Royal assent contrary to the Laws of the Land and also pretend by repeal to abrogate them a lesser power to Annul the Act of a greater especially the whole power of ordering all matters Ecclesiastical being by the Lawes for ever annexed to the Imperial Crown of this Kingdom For as for the Discipline and the Government also we cannot consent without the eradication of a Government of Reverend Antiquity in the Church continued and confirmed by the Laws and Charters of the Kingdom which the successive Kings at their Coronation have sworn to preserve And as to the Directory they cannot without regret of conscience consent to the taking away of the Book of Common Prayer which they have subscribed unto and have used in our Churches to the comfort of our Souls and is justly defensible and maintained by godly men and they shall be able to justifie against all Papists and other Oppugners or Depravers thereof It being established by act of Parliament expresly commanded to all Ministers to use the same and severe Sanctions of punishment to the refusers c. And after all they conclude Thus have we clearly and freely represented our Present judgement concerning the said Covenant Oath and Ordinances only we desire That if any one single scruple or reason in any the premisses remain unsatisfied the Conscience would remain still unsatisfied And in that case it can neither be reasonable for them that cannot satisfie us to press us nor lawful for us that cannot be satisfied to submit to the said Covenant Oath and Ordinances Quis damnaverit eum qui duabus potentissimis rebus defenditur Iure mente Quintil. Happy is he that condemneth not himself in that which he alloweth Rom. 14. 22. These Exceptions were approved by general consent in a full Convocation the last year 1. Iune and presented to consideration But no Answer nor Reply hereto so that the University thought themselves secure untill now that the Earl of Pembroke their Chancellor makes his Visitation 17. April At his entrance Mr. Mayor a Member of the Commons House makes a Speech to him in what Language I need not remember Another by Mr. Chenil at Martin Coll. where he lodged The next morning he went to force out Mrs. Fall the late Deans Wife to settle Mr. Reynolds there which was done Vi Armis the Souldiers breaking open all at his Lordships command And in the afternoon he being Cathedrantus in the Convocation he delivered over his power to his Vice-Chancellor now made Dr. Reynolds and so were others Cambers Callicot Harris made Doctors of Divinity Palmer of Physick Wilkinson and Chenel Batchelours of Divinity and many others made Masters The next day the Chancellor and his Band brake open the door of the President of Magdalen Colledge and gave possession to Wilkinson The like at All-souls where the Warden Doctor Shelden refused to submit because the Visitors had no Authority from the King but his Chamber door was broken open upon him and he confined to a Room in the Town and Palmer put in his place Then to Trinity where forcing the doors Harris was made the Master At St. Iohns Doctor Bayly denyed their Authority and Chenel had his place Next to Wodham Colledge where breaking open what was shut Wilkins was put in And to end all many of the Commons of Christ-church were ejected as Doctor Hamond and others and so ended the Scene and his Lordship came home again and had thanks by the parliament for his wonderful wisdom in rectifying and reforming the University of Oxford and Voted that all such Masters Fellows and Officers there as refused to submit to
the Earl of Holland to St. Needs and pursued by Colonel Scroop from Hartford who being guided by Spyes got the secret waies thither ere the Defendants were aware yet some were Mounted and in a Body but were beaten by a Forlorn and Routed before the rest entered the Duke with sixty Horse flyes away towards Lincolnshire and escapes beyond Seas Their General not up or not dressed was taken in his Câ—â—mber many that fought got away some slain others prisoners persons of good Note so that the Souldiers said they never met with such golden booties fine clothes gallant Horses and pockets full of Coin The Parliament say they lost but three And for the present the Earl of Holland is sent prisoner to Warwick Castle where he continued untill his Arraignment and Execution at Westminster the 9. of March as hereafter follows But the Prisoners of note were the Earl of Holland Sir Gilbert Gerard Colonel Skemisher Major Holland Major Slepkin Lieu Col. Goodwin Colonel Legg and one hundred more Dalbier and a Son of Sir Kenelm Digbies slain the Lord Andover was after taken at Dover and there imprisoned The Parliament of Scotland were now sitting since the second of March and not well pleased with the English proceedings it was thought fitting here to send English Commissioners to reside there during their Session And of the Lords House were chosen the Earls of Nottingham and Standford the Commons were Mr. Arthurst Colonel Birch Mr. Herle and Mr. Marshal Preachers For the Scots recruit their Army at home and the English expect an Invasion of them being generally dissatisfied there of our proceedings against the King here However the Commssioners of England resident there acquainted our Parliament here with Propositions of Scotland and this their Answer to some Papers sent thither That it was the desire of the Parliament of England to maintain a good correspondency between the two Nations 2. That this Kingdom would take speedy care for the advance of a hundred thousand pounds due unto that Kingdom and so long as that sum or any part should be forborn they should have Interest after the rate of 8. l. per â—ent for the same 3. And that concerning the Arrears due to the Scots Army in Ireland the Parliament of Scotland are desired either to propound a certain sum by the Lump for the service of that Army there or else to appoint Commissioners on their side or appoint their Commissioners with ours to repair into Ireland to audit the 〈◊〉 of that Army So then we find the outward pretences on both sides to keep a good correspondency And to Caress them the more ever and anon the Parliament of England would by debates and Orders shew an inclination to settle the Presbyterian Government here by that means to quiet the bawling Spirits of the Scots Ministery in their Kirk and Pulpits though it was never seriously intended here And even at this time Letters of Intelligence came from Scotland that Sir Tho Glenham Sir Lewis Divâ—â—â—ir Marmaduke Langdale and others from the Queen in France are expected in Scotland and many discontented English flock to Edenburgh from all parts Captain Wogans Horse Marched thither from the Army with a full Troop and two Companies of Foot landed out of Ireland at Chester and Marched thither likewise But as the Affairs of the English Parliament had suffered under several distractions so these of Scotland were managed with great disturbance some of their Members would raise an Army to espouse the Kings quarrel and to restore him Another party desire an Army to suppress the Sectaries of both Kingdoms but are loath thereby to strengthen the hands of Malignants in either Kingdom A third would have no Army at all and to some end or other they frame an Oath That Presbyterial Government be maintained That the King be not restored till he subscribe the Covenant and endeavours the extripation of Sectaries That Ecclesiastical Power is not subordinate to the Civil That the Kings Negative voice in England be taken away In Debate of these Passages two of their best Sparks the Earl of Kilmore allied to Hamilton and the Lord Granston to their General Leven went out in a Fury and fought a Duâ—l and most of many are for War The Parliament of England confer and Vote that all Members be summoned to attend the Houses on the 24. of the next Moneth April for the Estates of Scotland had formed a Committee of danger who had of themselves voted to raise fourty thousand men and these were Duke Hamilton Arguile the Earls of Crawford Lindsey Lauderdale Lanrick Calandar Traquair and Roxborough the Lords Eimeâ—pethen Waneston 〈◊〉 Humbe Collington Arneston Gartland and Ennis and eight Burgessâ—s But against the manner of this Vote not the matter a Protestation was made by eighteen Lords and fourty other to this effect Whereas we have desired that no Power be granted to any Committee to engage this Kingdom in a War before the Parliament resolve on a War and state the cause and ends thereof it being not agreeable to the Act of Parliament 1640 c. And protest not to be included but may be free of all the evill that may follow thereupon to the cause of God the Covenant Religion and to the Kings person and Authority to this Kirk and Kingdom or the union of both The Scots are come and their General Duke Hamilton consults there with Sir Marmaduke Langdale whether towards Lancashire or New-castle the Duke marches himself in the Van with his Trumpeters before in Scarlet Coats with silver lace and much state His life guard proper persons well cloathed His Standard and other equipage Prince-like In the Van marched four Regiments of Horse seven Colours to a Regiment and in all of the Van about two thousand Their body led by Major General Middleton seven Regiments ten Colours to a Regiment and therein neer seven thousand Some carriages came with them but their compleat will be from Carlisle the only reason of his hasting thither The Rear is brought up by the Earl of Calander with fifteen hundred Additional forces they expect from Major General Monroe of three thousand Scots from Ireland under his Command And for assistance of the English about three thousand now ready to be drawn out into Arms under Langdale in the North. The Scots Declarations are already passed to smooth his passage to the people And being come thus near as Annan he Summons Major General Lambert the Parliaments Northern Commander to this effect Noble sir The Parliament of Scotland upon the imminent danger to Religion his Majesties sacred person and the peace of his Kingdoms from the prevailing power of Sectaries in England did send to the Parliament of England such demands as they conceived necessary and no Answer nor satisfaction therein the danger increasing by Northern Forces drawn to the Borders The Committee of Estates in Scotland have commanded him and other noble Personages his
Sanderson Shelden Hamond Oldsworth Turner Haywood Lawyers Sir Tho. Gardner Sir Orlando Bridgman Sir R. Holburn Mr. Ieffery Palmer Mr. Tho. Cook Mr. Io. Vaughan Clerks and Writers Sir Edward Walker Mr. Phil. Warwick Mr. Nich. Oudart Mr. Charles Whittane To make ready the House for Treating Peter Newton The Commissioners nominated to attend the Treaty for the Parliament were the Earls of Salisbury Pembroke Middlesex Northumberland and the Lord Say And of the Commons were the Lord Wainman Mr. Hollis lately re-admitted into the House Mr. Perpoint Sir Harry Vane Jun. Sir Harbotel Grimston Mr. Brown Mr. Crew Mr. â—lin lately re-admitted into the House Sir Io. Pots and Mr. Bulkley And the King desired a safe conduct for Commissioners to come out of Scotland to joyn in the Treaty with him viz. the Lord Carnagy Sir Alexander Gibson the Lord Clerk Register and Sir Iames Carmichel The two first were refused as having been in arms against the Parliament of England And that four Bishops might attend him Armagh Exeter Rochester and Worcester and for Doctor Ferne and Doctor Morley And for his Advocate Sir Thomas Reves and for Doctor Duck Civil Lawyers but none of these aforesaid the Kings friends were intromitted into the Scene or to speech but to stand behind the Hangings and in the Tâ—ring-room so that the Kings single solitary self opposed all the other party And Order is given to Colonel Hamond to free the King of his imprisonment to ride abroad where he pleaseth upon his engagement to return at night to Sir William Hodges House the place appointed to Treat where galloppiâ—g down a steep Hill 14 Septem and reining his Horse too hard the Bridle broke and he without a Curb ran with speed endangering the King whose excellent Horsemanship saved him from the terrible effects which amazed the beholders And it is remarkable that long before this Lilly had foretold in his Astrological Predictions pag 15. lin 31. And were his Majesty at liberty it shews or threatens danger to his person by inordinate Horsmanship or some fall from on high Friday the 15. of September the Commissioners of Parliament are come to the King and Saturday was kept a fast by him and all his Family and Friends assistant with the ancient service of the Book of Common Prayer and preaching with this particular Prayer for a blessing on the Treaty O Most merciful Father Lord God of Peace and truth we a people sorely afflicted by the scourge of an unnatural war do here earnestly beseâ—ch thee to command a blessing from Heaven upon this Treaty brought about by thy providence and the only visible remedy left for the establishment of an happy peace Soften the most obdurate hearts with a true Christian desire of saving those mens blood for whom Christ himself hath shed his O Lord let not the guilt of our sins cause this Treaty to break off but let the Truth of thy Spirit so clearly shine in our mindes that all private ends laid a side we may every one of us heartily and sincerely pursue the publick good and that thy people may be no longer so blindly miserable as not 〈◊〉 see at least in this their day the things that belong unto their peace Grant this gracious God for his sake who is our peace it self even Jesus Christ our Lord. Amen The King told the Commissioners that he was glad of their coming to treat with him for a Peace and desired God to perfect that good work professing that he was in charity with all men not willing to revenge upon any nor to delay the hopes of a blessed issue and concludes to begin the Treaty on Munday morning 9. a clock 18. Septemb. The Treaty begins and to make it more difficult to Peace Occasion is given to oppose four Demands or Bills to the Kings demands which as a pledge of trust should be granted before whereto if the King assent they promise to commence a Treaty to the rest 1. To order for the future the Militia without the Kings consent to raise what Arms they please and that all others upon the pain of Treason shall not assemble to the number of thirty persons without the Authority of Parliament 2. That the Houses may sit and adjourn and assemble to what place and at what time at their own discretion 3. All Oaths Interdictions and declarations against the Parliament to be declared void 4. Whomsoever the King had dignified with Titles from the time himself departed and conveyed away the great Seal of England be degraded of their honours And these must be first ratified and to command them to be passed into Laws Then they go on with the Preface the matter of the Treaty For as much as both Houses of Parliament have been necessitated to undertake a War for their just defence and for the prosecuting thereof have bound themselves in a Covenant be it enacted by the Kings command The Propositions were in number eleven 1. That all Declarations and Proclamations against the two Houses of Parliament or their Adherents and all Judgments and Indictments c. against them be declared Null 2. That a Satute be Enacted for abolishing of all Arch Bishops and Bishops out of the Churches of England and Ireland for the selling of their Lands and Revenues As also that the calling and sitting in Synod of the Divines be approved 〈◊〉 the Royal assent the Reformation of Religion for England and Ireland according to such Models as the Members of Parliament have or shall decree consultations first had with the said Divines In particular that the King grant his assent that the Act of both Houses formerly made concerning the Directory as concerning the publick Celebration of Gods worship throughout England and Ireland for the abolishing the Ancient Liturgie for the form of Church Government and Articles of Religion with the Catechisms the great and the less for the more Religious observation of the Lords day for supressing of Innovations in Churches and Chappels for the incouraging of the publick Preachers to their duties by a just reward for prohibiting of Pluralities of Benefices and non-residence to Clergy-men henceforth pass into Statutes or Laws That the King would set his hand to the National League and Covenant and suffer himself to be bound by the same that by publick Act it be enjoyned all the Subjects of both the Kingdoms of England and Scotland to be bound thereby under a penalty to be imposed at the pleasure of both Houses That it may belong to the Houses of Parliament to visit and reform the Universities of Oxford and Cambridge the Colledges also of Westminster Winchester and Eaton That it be provided by Statutes that Jesuites Priests and Papists disturb not the Common-wealth nor elude the Laws as also for the discriminating of them an Oath be administred to them wherein they shall abjure the Pope of Romes Supremacie Transubstantiation Purgatory Image-worship and other Superstitious errors of the Church of Rome That
provision be made for the education of the Children of Papists in the faith and Religion of Protestants for the imposing of Mulcts on Papists and disposing the benefit thereof at the discretion of the Parliament That provision be made for suppressing the practises of Papists against the Common-wealth for the executing the Laws against them without fraud and for the stricter forbidding of administring and frequenting Mass whether in the Court or whatsoever place within England and Ireland 3. That the power of the Militia by Land and Sea throughout England and Ireland reside in the Parliament solely to raise train as many Souldiers as they please to lead them whither they please to levy what monies they think fit for their pay whereby they may encounter intestine troubles and invasions foreign and that the King and his successors shall not claim any right therein for the space of twenty years after the expiration whereof if the Parliam shall think the safety of the Commonwealth to be concerned that an Army whether for Land or Sea service be raised and pay alotted them and exact the same by their Authority that such Votes shall have the force of a Law or Statute even though the King refuse If persons of what quality soever to the number of thirty be gathered together in Arms and at the command of the Lords and Commons shall not lay down Arms they shall be accounted guilty of high Treason without hope of pardon from the King To these by way of Corollarie were added some provisions touching the City of London Priviledges and ordinary power of Ministers of Iustice in executing sentence given 4. That by an Act the Cessation of Ireland and all Treaties and Articles there made without the consent of Parliament be voided That the right of prosecuting the Irish War depend upon the discretion of Parliament That the Deputy and all Ministers whether of the Martial or â—ivil Government be nominated by Parliament the Chancellor of Ireland Keep of the great Seal Treasurer all Officers of the Kingdom all the Judges the places offices honours 〈◊〉 Donations of Lands grâ—nted by the King since the Cessation made be â—ulled 5. That all Honours and Titles since the second of May 1642. at which time the 〈◊〉 of the great Seal carried away the Seal with himself from the Parliâ—ment be declared Null No man likewise 〈◊〉 chosen into the Order of Peeâ—age shall sit in the House of Lords without the consent of both Houses 6. That the Parliament raise what moneys they please for payment of the publick debts and dammages and for whatsoever publick uses they shall see hereafter needfull 7. In the first tank of Delinquents be reckoned to whom no hope of pardon shall be left either for life or fortune with the Kings Kings consent The two Princes Palatine of the Rhine Rupert and Maâ—ricâ— three Earls five Lords two Bishops two Judges of the Kingdom twenty two Knights whose names to remember were too large but these persons were those who had done the King the most acceptable service All Papists which had been in Arms namely the Marquess of Winchester with two Earls two Lords and six Knights as also all that raised or fomented the Rebellion in Ireland In the 2. Rank were placed fifty Noblemen and Knights all Memberâ— of the lower House who deserting the Parliament passed over to the Kings Party as also all the Judges Lawyers Clergy-men be banished from the Kings Court and abstain from publick Offices and that under penalty of Treason loss of life and fortunes that the Judges and Lawyers be proscribed from Courts and their practice the Clergy interdicted their Benefices and liberty of Preaching Such fell upon the third Rank as had committed or councelled ought against the Parliament none whereof shall obtain in future the Office of Justice of Peace or Judge or Sheriff or publick Officer To the fourth Rank are reckoned the Common Souldier and all persons of baser rank whose fortunes were narrower then two hundred pounds All the Lands and goods of those of the first Rank be publickly sold to pay publick debts but of the Members which in the new Parliament held at Oxford pronounced those guilty of High Treason which adhered to Westminster two parts in three of their lands and goods The Moity of others of the Judges Lawyers Clergy-men the third part and the sixth of all the third Rank be sold for the foresaid points The rest be let goe without Câ—nsure Provided they have ingaged themselves in the National Covenant All in the second and third Rank after the payment of their Fines the pardon of Parliament being sued granted be entirely restored 8. That all Offices of the Kingdom and chief Magistracies for â—wenty years next ensuing be collated and constituted according to the pleasure of Parliament 9. That the new Seal framed aâ— the Houses appointment pass by the King into the Seal of England and that no other hereafter be used That all Grants and Commissions sealed by this new one remain firm all under the old Seal which was with the King be voided from such time as the Keeper Littleton conveyed it away from the Parliament 10. That all Priviledges Grants Charters and Immunities of the City of London be confirmed with itâ—rated Acts That the Tower of London and Militia be ordered at the discretion of the Mayor of the City Members and Common Council therein That no Citizen be compelled to Military service out of the Liberties of the City unless at the Parliaments appointment and the last was 11. That the Court of Wards with all Offices and Employments thereto belonging be exterminated That all services likewise on that accompt imposed cease all inheritances which formerly were held of the King in Capite c. namely by Knights service being freed from burden and charges fifty thousand pounds notwithstanding being paid the King yearly in compensation These were the conditions of peace propounded by the Parliament for the Argument or Matter of the Treaty to be commenced so vehemently sought after by the desires of all men and by the Arms of many Nothing changed from those which being formerly sent to the King whilst he remained at Hampton Court were not only rejected by the King but also of the Army as being somewhat too unequal In this one thing they differed that in these last the Scots are unconsidered The Parliament Commissioners are vested with no other Authority then to reply to the Kings Arguments rejoyn Reasons to force his assent having no power to sweeten or alter a word nay not to pass over the Preface but are forthwith to adverâ—ise the Parliament touching the Kings Concessions to transact all in writing and to debate the Propositions one by one in order not to descend to another before agreement touching the precedent and the time limited to dispatch within fourty dayes The Treaty goes on for a good while when suddenly advice comes to the Parliament that
Ormond was arrived in Irelaâ—d with the Kings Commission and dignified with the Title of Deputy to establish a common peace on the best terms he might and so might raise Arms and deliver the King out of Prison The Commissioners therefore are directed to require the King to recall Ormonds Commission and annull his Authority And this is Answered also amongst the Propositions hereafter This while the transactions are reported to the Parliament by piece-meal where such as were averse to peace carp at all particulars unless they were assented to in their own terms yet at last the King unlookt for grants many things And first to the Preamble he hardly and not without caution assents with this That nothing in the Treaty should be taken for granted unless upon a full agreement in all things 1. The King assents to the first Proposition for the calling in of Declarations 3. To the third touching the Militia 4. Touching the Government of Ireland 5. Touching publick payments provided that those debts be audited and ascertained within two years 6. For nulling all Titles of Honour 8. Touching the chief Magistrates of the Kingdom 9. Touching the great Seal 10. Touching the Priviledges of London 11. Touching the Court of Wards Provided that one hundred thousand pounds be yearly paid by way of compensation Secondly He assents to all the Articles of the second Proposition except only one touching Bishops and their Revenues yet not altogether wanting to the desires of the Parliament for whatsoever did appear not to have clearly proceeded from divine Institution he gives way to be totally abolished and so the dignity of Arch-Bishops to fall Episcopal Jurisdiction also viz. of exercizing Ecclesiastical Discipline or Gubernation he suffers to be taken away but not likewise the power of Ordination standing in the right of ordaining Priests and Deacons as being Apostolical But at length hoping the Members would agree to him in other things he condescends that the Office of Ordination for three years should not be exercised by the Bishops without the assent of the Presbytery yet to be suspended untill by twenty Divines of his own nomination consulting with the Synod some thing of certainty should be determined touching Ecclesiastical Government whereto together with the Parliament he promiseth to consent In the mean time that Presbytery be setled for experiment sake he doth not much gain-stand The Bishops Lands and Revenues he affrighted with the horrour of Sacriledge would not suffer to be sold and alienated from the Church yet he would permit them to be let out for 99 years paying a small price yearly in testimony of their hereditary right and for maintenance of the Bishops Provided that after this term be expired they return to the right of the Crown to be imployed or to the use of the Church In the interim determining with himself being redeemed by their own Revenues to return thence for Ecclesiastical uses The seventh Proposition touching Delinquents in his own dangers not unmindful of his friends he could not confirm but condescends 1. That moderate pecuniary fines be imposed on them 2. That they be prohibited access to the King and Court that some of them be banished the Kingdom but not under the brand of Treason nor with loss of life and possessions but with a pecuniary Mulct to be awarded in case they should do otherwise 3. That they be deprived for three years of their right of sitting in the Parliament 4. That they be brought to trial if the Parliament think fit and if they have committed ought against the established Laws of England that they suffer according to their deserts Nevertheless he was contented to grant the other Articles of the same Proposition with this salvo if so be such of the Clergy as were honest learned and free from scandal might enjoy the third part of their Benefices And that such might not be wholly put by the Office Preaching The Authority committed to Ormond in that instant when he was delivered into custody the King cannot recall unless the Houses and he agree in other matters if this come to pass then according to his Concessions to the fourth Proposition he will be conâ—ent the Irish affairs be managed according to the discretion of thâ— Houses only In the mean time he writes Letters to Ormond to act nothing in the execution of that power as long as the Treaty or any hopes of peace lasted During the Treaty that the King might feel the pulse of the Members how they stood affected to him He exhibits Proposals equal he conceived in Conscience and for the publick good to be transmitted to the Parliament 〈◊〉 That he may have liberty to reside in London or in whatsoever of his own Houses and act at a nearer distance with the Parliament with Freedom Honour and safety The which demand the Propositions conceded the Parliament engage should be granted him but having first tasted the palate of the Citizens and been encouraged by the subscriptions of many the ablest Citizens but of worst affections Secondly The King demands He may receive all the Revenues and Emoluments of the Crown Thirdly That he may receive a compensation for the lawful Rights which the Parliament shall think fit to abolish These likewise the Houses consented unto Fourthly That an Act of Amneâ—ie or Oblivion be passed the very means of all traverses which happened in the heat of War may be utterly deleted This Demand they liked not but with cautely and limitations by the benefit whereof the Parliament might persecute many of the Royallists In fine most things were accommodated beyond expectation the Commissioners promised the King also the peace which they fancied supposing belike that the Houses would something recede from their rigid demands for indeed the King upon the matter of his Concessions had almost quitted the Rule of both his Kingdoms England and Ireland And in truth the hopes of almost all good men were thereto had not Factious persons choaked the wished fruit of that Treaty and given a check to peace ready to cement For concerning the Church the Kings Concessions had brought things into so narrow a compass that the chief visible obstruction is that wherein really in conscience he is not satisfied and yet hopes that time and debate may happily reconcile these small differences And if his Parliament shall not think fit to recede from the strictness of their demands in these particulars He can with more comfort cast himself upon his Saviours goodness to support and defend him from all afflictions that may befall him rather 〈◊〉 for any politick consideration which may seem to be a means â—o restore him to deprive himself of the inward tranquillity of a quiet mind wherefore as to these and others before mentioned particulars he adheres to his former Answers and hopes that his Reasonâ— will sufficiently satisfie 20. Novem. These Reasons were referred to the Ministers Assistants 〈◊〉 Commissioners Mr. Marshal Mr. Vines Mr. Carrol and Mr
as to the last event I may seem to owe more to my Enemies then my friends ' while those will put a period to the sins and sorrows attending this miserable life wherewith these desire I might still contend I shall be more then Conquerour through Christ enabling me for whom I have hitherto suffered as he is the Author of Truth Order and Peace for all which I have been forced to contend against Error Faction and Confusion If I must suffer a violent death with my Saviour it is but mortality crowned with Martyrdom where the debt of death which I owe for sin to nature shall be raised as a gift of faith and patience offered to God Which I humbly beseech him mercifully to accept and although death be the wages of my own sin as from God and the effect of others sins as men both against God and me yet as I hope my own sins are so remitted that they may be no ingredients to imbitter the cup of my death so I desire God to pardon their sins who are most guilty of my destruction The Trophies of my charity will be more glorious and durable over them then their ill-mannaged victories over me Though their sin be prosperous yet they had need to be penitent that they may be pardoned both which I pray God they may obtain that my temporal death unjustly inflicted by them may not be revenged by Gods just inflicting eternal death upon them for I look upon the temporal destruction of the greatest King as far less deprecable then the eternal damnation of the meanest Subject Nor do I wish other then the safe bringing of the ship to shore when they have cast me over-board though it be very strange that Mariners can finde no other means to appease the storm themselves have raised but by drowning their Pilot. I thank God my enemies cruelty cannot prevent my Preparation whose malice in this I shall defeat that they shall not have the satisfaction to have destroyed my soul with my body of whose salvation while some of them have themselves seemed and taught others to despair they have only discovered this that they do not much desire it Whose uncharitable and cruel restraints denying me even the assistance of any of my Chaplains hath rather enlarged then any way obstructed my access to the throne of Heaven And for his better preparation he is a suitor to the Governour that he might have two of his own Chaplains to preach and pray with him And that he might have liberty to write to his Queen in France and to the Prince of Wales to acquaint them with his sad condition but not granted For the General hath ordered that the King be brought up with a Guard Prisoner to Windsor Castle and came to Winchester Tuesday 21. December where the honourable Mayor and Aldermen met him at the Towns end and as in duty heretofore presented him with a Speech and then with their mace The Governour of the Guard told them that by the Act of No address to the King they were all Traytors which not a little troubled the well meaning Mayor The next night Friday to Farnham and after dinner at Bagshot calling for his Coach he was told it was gone before and indeed so designed then ready to mount an excellent horse he had been newly prickt with a nail stark lame the King was troubled which being perceived a Gentleman lent him a swift Gelding but being observed the Guards were commanded for Flankers till the King came off the Downs and so he came to Windsor Saturday night 23. Decemb. Colonel Thomlingson commanding the Guards when Colonel Harrison left him And here they refuse to afford his Majesty any Ceremony of State upon the knee and hardly the Cap his attendance taken away and he clapt up close And because William Prinne of Lincolns Inn Barrester puts himself in Print the first man that brings in his Charge whether to his eternal shame or otherwise we shall give you his title wherein we finde in this case as very often in other his Pamphlets more matter in the Title Page then all that follows in the Book besides He calls it Mr. Prinns Charge against the King shewing That the Kings Design Purpose Resolution his Endeavours Practice Conversation have alwayes been engaged byassed tended to settle establish confirm Popery Tyranny Slavery in among over his Dominions Subjects People and in order to that Design End Purpose he writ to the Pope of Rome stiling him His most Holy Father Catholique Majesty thrice honoured Lord and Father engaging himself to the said Pope to endeavour to settle the Popish Religion only in his Dominions And since his coming to the Crown hath extended extraordinary favours upon protection of notorious Papists Priests Iesuites against all prosecution of Laws enacted against them notwithstanding all his Protestations to the contrary hath raised up a most horrid unnatural and bloudy War arming his Roman Catholique Subjects to Massacre Plunder Torture Imprison Ruine his Loyal Faithful pious Protestant Subjects to burn sack spoil their Cities Towns Villages collected from the Books written By VVilliam Prinne of Lincols Inne Esq. Being but a very small taste from that main Ocean of that which he hath written concerning the King and his ill behaviour since his coming to the Crown As also with references unto clear satisfactory convincing Answers unto several Objections concerning resisting censuring suspending depriving Kings for their Tyranny yea capitally proceeding against them By the said Author Thus he belches up the Charge and his proofs are plain from himself the only Author and witness directing us by his Margin to the third part of the Sovereign power of Parliaments wherein he pretends to overthrow all Scripture proofs against killing Kings and Princes His proofs against the Kings person is cited out of Prynns Popish Royal Favourite Romes Master-piece To which we refer the Reader without censuring them as some have done to be a Rhapsodie of Nonsense But then also we not to be partial refer the Reader to the History of Him Bastwick and Burton their Crimes Charge Indictments Censure Sentence and Execution And to second Prinne there follows Petitions pretended from the well-affected of the County of Norfolk from several Garrisons and other such in complyance with the Armies Remonstrance and Declarations and therein praying for justice against the King And yet not long after the 10. of Ianuary Mr. Prinne Imprints a Memento for which he reâ—uses to answer the Commons Summons untill he be sent to in a Legal way and by a lawful and sufficient Authority for he was not long before turned out of being a Member and continued now a prisoner to the Army and ever since out of date or use This man an indefatigable Author of most vast pieces in the Parliaments defence should now with others be ill intreated by their own stipendaries in the inscrutable judgement of God The appearance in Parliament is yet thin for Oligarchy gets
Court Besides all this the peace of the Kingdom is not the least in my thoughts and what hopes of settlement is there so long as power reigns without rule of Law changing the whole frame of that Government under which this Kingdom hath flourished for many hundred years nor will I say what will fall out in case this lawless unjust proceeding against me go on and believe it the Commons of England will not thank you for this change for they will remember how happy they have been of late years under the Reign of Queen Elizabeth the King my Father and my self untill the beginning of these unhappy troubles and will have cause to doubt that they shall never be so happy under any new And by this time it will be too sensibly evident that the Arms I took up were only to defend the fundamental Laws of this Kingdom against those who have supposed my power hath totally changed the ancient Government Thus having shewed you briefly the Reasons why I cannot submit to your pretended Authority without violating the trust which I have from God for the welfare and liberty of my people I expect from you either clear reasons to convince my judgement shewing me that I am in an errour and then truly I will readily answer or that you will withdraw your proceedings After Sentence the King being hurried away was mocked of the Souldiers suffering many things like to Christ they laying aside all reverence to Soveraignty acted Triumph on the Prisoner crying out justice justice That one defiled his venerable face with spittle I abhor to say it was wittingly done but we are assured he wiped it off with his Handkerchief they puft Tobacco fume no smell to him more offensive and cast their Tobacco pipes at his feet And such as salute him they Bastinado One that did but sigh out God have mercy had his Pasport They intrude almost into his Closet hardly permitting him private devotion with his own Chaplain the Bishop of London In their devotions interrupted and himself disturbed whilst he prayed and prepared for this bitter cup. But he with Majesty of minde when they cryed out for justice Poor souls saies he for a piece of money they would do so for their Commanders and at these Rebels he said Christ suffered more for my sake such as dissembled irreverence he with easie contempt eâ—â—ded by neglecting it Yet that little time was lent him he betakes himself to confessions of his sins pardon of his Enemies receiving the Eucharist reading the Scriptures godly conferences doing all the duties of piety And thus holily he seeks to overcome the terrors of death ere they assail him Whilst he prayes they prepare for his execution Sir Hardress Waller Colonel Harrison Colonel Doan Com. Gen. Ireton and Col. Okes are to consider of the time and place for execution And in the Painted Chamber Munday the 29. of Ianu. the President and Judges meet and with the â—â—mmittee resolve That the open street before White-Hall is the fittest place that the King be there executed tomorrow Tuesday between ten and two a clock upon a Scaffold covered with black near the Banquetting House where he was wont to ascend his Throne and shew the pomp of Majesty due to Princes there must he pass to his Funeral Pulpit and lay aside the spoiles of Majesty where he had put on the Insigns thereof It was supposed that the King would not submit his neck to his enemies Axe and therefore it was so provided with Staples and Cords that he could not resist And the Commons house considered that in case of execution they ordered a Proclamation to be made throughout the Kingdom To declare it high Treason to Proclaim any King of England without consent of the present Parliament for so the House is stiled And that none upon paines of imprisonment preach or speak any thing contrary to the present proceeding of the Supream Authority of the Nation the Commons of England assembled in Parliament A Member of the Army gave in the desires of the King That in respect Sentence of death was past upon him and the time of execution might be nigh That he might see his Children and to receive the Sacrament and to prepare himself for death and that the Bishop of London might pray with him in private in his Chamber This night Saturday 27. Ian. the King lodged at White-hall and the next day Sunday the Bishop preached there before the King in his Chamber and this Sunday the President and all the Members of the High Court of Justice fasted in the Chappel of Whitehall and Mr. prayed for them On Sunday means was made to deliver a Letter to him from his son the Prince of Wales which the King read and burnt it and then he was conveyed to St. Iames's the next morning being Munday While the Dutch Ambassadour had audience of the House read their â—â—structions and Letters of Credence in French their desires was to intercede for the Kings life and to keep and preserve a fair correspondence betwixt this Nation and the Estates of the Netherlands This day his Children had leave to visit him but stayed not long His Children being come to meet him he first gave his blessing to the Lady Elizabeth and bad her remember to tell her brother Iames when ever she should see him that it was his Fathers last command that he should no more look upon Charls as his eldest brother only but be obedient unto him as his Soveraign and that they should love one another and forgive their Fathers Enemies Then said the King to her Sweet-heart you 'l forget this no said she I shall never forget it while I live and pouring forth abundance of tears promised him to write down the Particulars Then the King taking the Duke of Gloucester upon his knee said sweet-heart now they will cut off thy Fathers head upon which words the child looked very stedfastly on him mark child what I say they will cut off my head and perhaps mak thee a King but mark what I say you must not be a King so long as your brothers Charles and Iames do live For they will cut off your Brothers heads when they can catch them and cut off thy head too at last and therefore I charge you do not be made a King by them At which the child sighing said I will be torn in pieces first which falling so unexpectedly from one so young it made the King rejoyce exceedingly Another Relation from the Lady Elizabeths own hand What the King said to me the 29. of Ian. 1648. being the last time I had the happiness to see him he told me he was glad I was come and although he had not time to say much yet somewhat he had to say to me which he had not to another or leave in writing because he feared their cruelty was such as that they would not have permitted him to write to me He
Stratherns descent and title to Sovereignty Raised to his ruine Dangerous to Sovereigns to prefer any Pretenders of Title The Scots design a new Government by Tables The Confession of Faith 1580. Negative confession what and when See Hist. 9. of Scots The Scots title to their new Confession of Faith examined Hamilton high Commissioner tâ— Scotland His Commission read in publiquâ— Covenanters demands Proclamation Hamilton posts to the King August 5. And returns Contracted into two Hamilton poasts to the King again And return to Scotland September 22. The Kings Declaration published For the general Assembly another Their Letter of thanks to the King Covenanters assume all authority A covenanting Female Imposturess Assembly dischâ—â—â—â—â— Against which the Covenanters protest Hamilton returns to England and the Scots begin to arm Iuly Eruption of Fire out of the Sea Queen Motlier of France comes hither The King prepares an Army Proclaims the occasion Hist p. 188. Obs. p. 151. English Army 1639. The Army marches to the North. Anno 1639. Obs. p. 157. The Scots and English in view The Armies Treat The Scots desires The Kings Declaration Artâ—cles of Pacification Scots submission Scots Protestation The proccedings in their Parliament in August Scotish Parliament prorogued Their Protestation The Scots deputies to the King Four Commissioners from Scotland Loudon his Speech Their Treasons summed up The Protestation of the Assembly and like of the Parliament Simeon and Levi. The Covenanters Declaration of grievances Observations thereupon It was ratified by Parliament most faise never ratified by Parliament never forbiden by any Act of Parliament These were confirmed by Parliaments and never repreaâ—ed but nâ—w most illegally called in question without King or Parliament Is this Assembly without the King of more validity six former Assemblies approved by the King and Parliament It Was no covenant but only a bare negative confession and abjuration of all points of Popery Nunquam de fide constare dum semper de fide disputamus Tertul Iâ— one Assemblie null what others 〈◊〉 act and constitute how shall the people be certain of their Religion Twenty years hence another Assembly was upon new alterations anul all which this hath done and there shall be never any certain Religion settled Oath administred to the Scots against their Covenant The Scots false Paper which was burnt This Paper was contradictory to the 7. Articles of Pacification Arnndel testifies Pembroke testifies Salisbury testifies All the Lords concurre The Kings report The Scots excuse concerning this Paper They pretend that verbal grants made the King contradict the signed Articles A pretty conceit The disagreeing of these Notes shew there was no truth in it This is like the rest as if they themselves had not dispersed them They were coÌ„mon and therfore one was burnt and others called in They acknowledge this letter by the French king They did mediate with Denmark Sweden and Holland for their assistance and offered to Denmark the isles of Orkney and had agents at every place for that effect Multitudo peccatorum tollit sensum poenâ—m peccati Formerly the Scots account themselves a free Republick They forget another duty to our King It is not against the law of nations for any King to imprison and execute his own subjects Considerations upon the 7. Articles Obs. 160. Protestation of the Covenanters the Preface Prince Elector comes over Hist. p. 163. fleets of Spain and Holland engage Arundel sent aboard the Spaniards What was the Spaniards Design Lord Keeper Coventry dies Sir Iohn Finch succeeds Reading at the Temple He is silenced and questioned Answer Scots Commissioners return Hist. p. 167. Hist. p. 167. The matter concluded at the Private Iunto The King resolves of a Parliament in England and anothâ—â— to be iâ—â—â—â—â—land Ob. p. 167. The Iunto subscribe to lend mony and so afterwards do all others herein mistaking those Obs. p. 170. Hist. p. 170. The grand Design In England he means The Earl and Countess had no such interest The King never thought so What execution doth he mean Of Nidsdale he means This was a false Parenthesis and injurious to the late King and his blessed memory and the rest of this Paragraph an idle conceit It was proved he never was there There were these men and pâ—aces but upon exâ—mination the matter but devised Unlikely Never taught any Religion Hist. p. 181. Obs. p. 171. Hist. of Qu. of Scots and K. Iames. 1640. Proeme Anno 1640. Parliament beigns the thirteenth of April Hist. p. 183. Parliament dissolved the 5. of May. Obs. p. 174. Convocation sit still Hist. p. 184. Bishops impose an Oath Hist. p. 185. Obs. p. 189. Hist. p. 186. Obs. p. 166. The entrance and original of all our Troubles Lambeth house beset by Puritans A Jovento of Council L. L. See L. L. of Ireland L. Admiral L. L. See L. L. of Ireland Lord Arch-bishop Lordâ— Archbishop of Canterbury L. Cottington L. L. See L. L. of Ireland London Derry in Ireland English Army ready Henry Duke of Glocester born Proclamation against the Rebells The King goes into Scotland At Newburn defeat New-castle deserted Hist. p. 189. Scots Petition Scots â—â—mands Anno 1640. Petition of the city of London The Kings speech to the Peers A meeting resolved Treaty at Rippon thus concluded Earl of Montross forsakes the Covenanters in private A Parliament resolâ—ved upon an ominous day Nov. 3. Obs. p. 208. The King in prudence calls this Parliament His excellent Book Eikon Basilike Eikon Basilike Chap. 1. of calling the Parliament Obs. p. 209. See Hist. Qu. of Scots and K. Iames in Folio Parliament sit The Kings Speech to the Lords Petitions against Grievances Pym 's Speech 1. Grievanceâ— of Religion in Popery Grievance 2 of Religion in Popary Innovations 3. Liberty of Persons and Estates Grievance 4. Compositions for Knighthood Sâ—ap Ship-money Inlargments of forrests Selling of Nusances Commissions for buildings Depopulations Military charges Muster-master his Wages Extrajudicials Monopolies countenanced by the Council-table Star-chambet The Kings Edicts and Proclamations Abuse of Preachers Intermission of Parliaments Lord Dighy's Speech Laws executed upon Recusants Monopolies voted out of the House Lords Pockets searched The Lieutenant of Ireland impeached of High-Treason Obs. p. 211. His condition examined Parliament borrow money of the City Bishop of Lincoln enlarged Hist. p. 217. Justice Howard killed by a Papist Prin and Burton return from durance Sir Francis Windbanck gets away Votes against Ship-money Ob. p. 218. London Petitioneth the late Canons denounced Obs. p. 220. Arch-bishop of Canterbury impeached See Obs. p. 216. and committed to custody Scots Covenanters charge against the Arch-bishop of Canterbury December 17. the Scots Charge against the L. Lieutenant of Ireland Money voted for the Scots Lord Keeper Finch his Speech to the Commons House Voted flyeth 〈…〉 〈◊〉 against Goodman the Priest The Kings Answer 〈…〉 The Scots affairs 1. Demand Answer 2. Demand Answer 3. Demand Answer 5. Demand Answer 6. Demand Answer 7. Demand Answer
vote a war Oâ—hers dissent The State of the Scots Army come to Carlisle Summons Lambert by Letter Lamberts Answer Scots come to Penreath and engage Tinmouth Castle revolts and is retaken Lord General Cromwel comâ— against the Scots Scots Army defeated and how Capiâ—â—lâ—te and yield upon Articles Cromwel improves his success Hamilton taken and others Several Armies in Scotland Lieu. General Cromwel's Declaration in Scotland Scots Nobility contract with Cromwel And conclude in amity upon conditions Scots Armies disbanded Cromwel is caressed in Scotland The Prince of Wales his flight The States of Scotland invite the Prince thither Parliaments Vice-Admiral Batten goes to the Prince Colchester siege resolutely defended They capitulate by Letters Answer Lucas and Lisle shot to death The list of their prisoners Distempers in the Kingdom Petitions from all parts for a Treaty of Peace Voted to send to the King for a Treaty The Princes Letter to the Lords The Kings Message in Answer to the Votes and a Treaty Other Votes of the Parliament sent to the King His answer Commissioners to treat for the Parliament The King and his fast and pray Four Bills or demands Parliaments Propositions The Commissioners tyed up to conditions The Kings concâ—ssions in most things Propositions answered Concerning Ormond Earl of Norwich and Lord Capel impeâ—â—â—ed Arrears of the Army demanded Parliament Voâ—e payment New Judges and Serjeants at Law Petitions against the King and Treaty A large Remonstrance of the Army Hamond delivers the King to Col. Ewers Armies Declaration They come to White-hall Four Queries of the King concerning his Tryal The Kings Declaration concerning the Treaty The King is seized by the Army Divers Members seizâ—d by the Souldiers Agreement of the people Exceptions Vote against Vote Eikon Bas. cap. 28. The King brought to Windsor The Charge against the King The Queen writes to the King and General Votes of the Commons The Lords dissent Votes of the power of the Commmons house Proclamtaion for any to accuse the King New great Seal The Scots dissent The King brought to St. Iames's Form of the High Court of Justice The Lords and others against the Vote for Tryal The Scotish Declaration against the Kings Tryal Scots private instructions concerning the King The Actors proceeding The place of the Court of High Justice The Kings first Tryal The King accused Demurs to Authority of the Court and proves his Title successive not Elective Second Tâ—yal A Pre-Order in case the King will not answer The King interrogates their power and offers his reasons in writing The President prevent him with insolent rebukes Third dayes Tryal Saturday Tryal and Sentence The King râ—fuseth to Answer but before the two Houses of Parliament Presidents Speech The King not suffered to reply His Sentence Which the Tryers approvâ— The Kings Reasons against the jurisdiction of the Court a Hereabout I was stopt not suffered to speak any more concerning reasonâ— The King is abused by the Souldiery Hindered in his devorion and prayers The Committee order his Execution Ambassadors sue in the Kings behalf He is conveyed from St. Iames's to the Scaffold Passes to the Scaffold The King upon the Scaffold defends his innocency Howbeit he acknowledgeth Gods justice Pardons his enemies Takes pitty on the Kingdom Errours of the Faction How they may return to peace He praies Professes to dye a Christian according to the reformation of England He prepares to his death He is killed Reliques of the Kings death His body imbowelled His admired Book and Papers His Character only to be glanced at The Kings children The Kings Letter to the Prince of Wales
of Queen Elizabeth and himself a person not engaged in any publick pressures of the Common-wealth and therefore most likely to prove just and acceptable to the People The Papists likewise permitted privately to enjoy their Religion and a general good agreement between the Natives and the English in all parts In August the Popish party in Parliament grown high and incompatible with the present Government the Parliament was adjourned for three Moneths and then the Committee returned out of England and arrived at the end of August desiring that all the Acts of that Parliament might be proclaimed and sent down to the several Counties and so they retired to their places of abode In this great serenity and security the late Irish Army raised for the assistance of the Kings service against the Scots was disbanded and all their Army brought into Dublin Then there brake out upon the three and twentieth of October 1641. a desperate Rebellion universal defection and general Revolt of the Natives together which almost all the old English that were Popish totally involved A Rebellion so execrable as no Age no Nation can parallell the abominable Murders without number or mercy upon the Brittish Inhabitants of what sexes age or quality soever they were and this to be contrived with that secrecy amongst themselves that not one English man received any notice thereof before the very Evening of their intended Execution But though there were no direct appearance of the first Contrivers of this Rebellion yet I finde the Romish Clergy and the the Popish Lawyers great Instruments of the Fundamentals whereupon their bloudy Superstructions were reared The Lawyers standing up in Parliament as great Patriots for the Liberties of the Subject and Redress of Grievances boldly obtruding their pernicious speculations as undoubted Maxims of Law which though apparent to wise men yet so strangely were many of the very Protestants and others wel-meaning men blinded with an apprehension of case and redress and so stupified with their bold accusations of the Government as discouraged others to stand up to oppose them And then it was that the Parliament having impeached Sir Robert Bolton Lord Chancellour of Ireland of high Treason with other prime Officers of State that were of English birth and done their worst also against the Earl of Strafford in England Some of these great Masters and pretended Patriots took upon them impudently to declare the Law as they pleased to make new Expositions of their own upon that Text to frame Queries against Government Presidents they had enough of former proceedings in England they disdained the moderate qualifications of such as replied to them but those would not serve their turn New Model of Government they would have drawing it wholly into the hands of the Natives which they knew could not be compassed in a Parliamentary way they onely made preparatives there by desperate Maxims which being diffused would fit and dispose the people to a change Some of their Maxims they declared for Law that any one being killed in Rebellion though found by matter of Record would give the King no Forfeiture of Estate That though many thousands stood up in Arms working all manner of destruction yet if they professed not to rise against the King that it was no Rebellion That if a man were cuâ—lawed for Treason and his Land rested in the Crown or given away by the King his Heir might come afterwards and be admitted to reverse the Outlawry and recover his Ancestours Estate And many such were published this Session nay they presumed to attempt a suspension of Poyning ' s Act and at last the very abrogation of the Statute the best Monument of the English intire dominion over the Irish Nation and the annexion of that Kingdom to the Imperial Crown of England assuming a power of Iudicature to the Parliament in criminal and capital offences which no former age could presidence And so carried on their Session begun in May till the breaking out of the Rebellion and yet then they would hardly adjourn These and many other such which wise men fore-saw and since came to pass that Fools may run and read them They made the whole Body of State corrupt and ill-affected that the evil humours and distempers of the Kingdom required Cauteries This was the Disease as appears by all the Symptoms and the joint concurrence in opinion of all the pretended Patriots that held themselves wise enough to propose Remedies to so desperate a Malady But indeed although but pretences yet the King had condescended to their present relief giving much more satisfaction to their Agents lately in England than ever they could in any other time expect to receive or hope to enjoy but presently upon their return to Ireland this Conspiracy brake out Certainly the late successes of the Scots in their Insurrections gave encouragement to these they having happily succeeded in their affairs obtained signal Immunities from the King by their last Eruptions Our domestick garboils also might indulge them liberty to perplex the English the more and not the least advantage by the death of the late Deputy the Earl of Strafford whom the Irish equally pursued with the Zelots of Parliament in England and thereupon the unseasonable disbanding of the Irish Army eight thousand raised for the Scotish Expedition All these together added to them for their Design four thousand whereof were granted to Don Alonso de â—ardenes the Spanish Ambassadour to be transported from the danger of Innovation at home and the Officers and Colonels put out by the Parliaments commands might depart with their Regiments whither they pleased These were their Incitements and their Deceits followed they boast that the Queen was in the Head of their Forces that the King was coming with an Army that the Scots had concluded a League with them and to get credit therein they altogether caress the Scots that they were authorised by the Kings Commission which they counterâ—eited and produced at Farnham Abbey from one Colonel Plunket as appeared afterwards by several Confessions that they asserted the Kings cause against the Puritans of England And to their own Countrey-men they scatter Letters and Advertisements out of England that there was a Statute very lately made to compell all the Irish to be present at the Protestant worship under penalty of loss of their Goods for the first neglect the loss of their Inheritances for the second and their Lives for the third They gave there great hopes of recovering their Liberties and regaining their ancient Customes and to shake off the English yokâ— to elect to themselves a King of their own Nation and to distribute the Goods and Possessions of the English These Inducements made the Irish mad to perpetrate such hideous Attempts as no leading Age hath heard of They published also these Motives in print that our royal King and Queen are by the Puritans curbed and abused and their Prerogatives restrained diminished and almost wholly abolished
cannot doubt of his Subjects affections for he acknowledges the joyfull reception at his now entring into London He bringing as perfect affections to his People as ever Prince did or as good Subjects can possibly desire and is as far from repenting any good that he hath done this Session that he resolves to grant what else can be justly desired in point of Liberties or in maintenance of the true Religion Particularly he commends unto them the state of Ireland the prâ—paratâ—ons going on but slowly which is the cause that two Lords are arrived from 〈◊〉 who come instructâ—d from his Council there to aâ—swâ—r that demanâ— which both Houses made by Petition that met him at Bâ—rwick and which the Duke of Richmond did send back by the Kings command to his Scotish Council Therefore desires the Houses to appoint a Committee tâ— end the business with these two Lords Then because no Jealousie should aâ—ise concerning Religion he settles his Command for obedience to the Laws ordained for that purpose and Proclaimes the tenth of December That Divine service be performed in England and Wales according to the Laws and Statutes and that obedience be given by all people to the same And that all Ministers Ecclesiastâ—cal and Temporal do put the said Acts of Parliament in due execution against all contemners and disturbers of Divine service and that no Persons Vicars or Curates introduce any Rite or Ceremony other then these established by the Laws of this Land And two daies after he publishes his Proclamation That all the Members of both Houses repair to the Parliament at or before the twelfth of Januâ—ry next for continuance thereof c. And being come He salutes them thus the fourteenth of December Because thâ—y delaied the consideration of thâ— most iâ—portant business Ireland he reminds them that at his last presence He recommended to them the lamentable condition of the affaires of Ireland and the miserable condition of the Protestants there That he will not wast time to tell them the detestation he bears to Rebellion in General and of this in particular but knowing that Deeds and not Declarations must suppress this great insolencie therefore he offers his paines power and industry to contribute to this necessary work of reducing the Irâ—sh to obedience That for the Bill for pressing of Souldiers lodged with the Lords but if it come to him he promiseth to pass it And because some had started the question into a dispute concerning the â—â—unds of the Kings prerogative herein He offers to avoide such dâ—bate that the Bill shall pass with a Salvo Jure both for King and People and concludes Conjuring them by all that is or can be dear to them or him to hasten with speed the business of Ireland No sooner said but they Petitioned Him with what they had in readiness for priviledge of Parliaments being their Birth rights Declaring with all duty and reverence That the King ought not to take notice of any matter in agitation and debaâ—e in either Houses 〈◊〉 by their Information Nor ought not to propound any Condition Provision or limitation to any Bill or Act in debate or preparation or to manifest or declare his consent or discent approbation or dislike beforâ— it be presented in course Nor ought to be displeased with any debate of Parliament they being Iudges of their own errors and offences in debating matters depending That these priviledges have been broken of late in the speech of his Majesty on Thursday last the fourteenth of December particularly in mentioning the Bill for Impress offering also a Provisional clause by a Salvo Jure before it was presented and with all they take notice of his Majesties displeasure against such as moved a question concerning the same And they desire to know the names of such persons as reduced his Majesty to that Item that he may be punished as they his great Council shall advise his Majesty The King seeing them setled in this posture and to doe nothing till the Kings answer satisfactory to their Petition He with some regret withdrawes to Hampton Court hoping that his absence might take off the occasion of presenting him with such Exceptions But the next day they apoint a Committee to follow him thither having had time enough in their recess and the Kings being in Scotland to form matter enough to perplex him for now they speak plain all the whole frame of Government is out of tune which they Remonstrate as the State of the Kingdome which they accompany with a Petition But there fell out an Accident in Scotland whilst the King was there concerning the two Marquesses Hamilton and Arguile upon some information that their Persons were in danger they both withdrew from the Parliament of Scotland and for some daies removed out of Edenburgh the suggestions were examined in that Parliament where they had power enough yet nothing was apparent to their prejudice and the examinations upon the whole matter sent hither by the King to the Parliament in England such strange glosses and interpretations were made upon that accident reflecting upon the King and his honour as if at the same time there had been such a design to have been acted here as they had fancied there And a suddain resolution was taken here first by the Committee during the recess after by the Houses to have a Guarâ— for the defence of London and Westminster and both the Houses of Parliament which made some impression in the minds of the best Subjects in a time when they were newly freed from the fears of Two Armies to be now again awakened with the apprehension of dangers of which seeing no ground they were to expect no end But matters thus stated and all possible cunning used by a faction and their Emissaries the Ministers at this time when the clamour was raised of the unlawfulness that the Clergy should meddle in temporal affaires were their chief Agents imployed to derive their seditious directions to the people And were for a week together attending the doores of both Houses to be sent in their errands to inforce the most desperate feares in the minds of all men that could be imagined and to be sure that the memory of former bitterness might not slacken They therefore provide for the Kings Intertainment against his return to London a Remonstrance of the state of the Kingdome herein laying before the King all the mistakes all the misfortunes which had happened since his first coming to the Crown and before to that houre forgetting the blessed condition notwithstanding the unhappy mixture which all the Subjects had enjoyed by peace and plenty under this King to the envy of Christendome Objecting to the King therein the actions of some nay the thoughts of others and reproaching him with things which he after professes never entred into his Imaginations not to his knowledge into the thoughts of any other therein reviling the King to the people and complaining of
the House of Peers whose authority interest and priviledges was now as much slighted and despised as the King was after and as the Lords fell towards themselves in after successes easily passing over those former singular Acts of grace passed by him already in this Parliament or else ascribing them to their own wisdoms in the procurement and conclude against a Malignant party that they have no hope of setling the distractions of this Kingdom for want of a concurrence with the House of Lords into which number all these Lords were cast who presumed to dissent from any Propositions made by the House of Commons But not to hold you in suspence the business was thus When this engine Remonstrance was prepared for the people by the prime Leaders It was presented to the house of Commons and the greatest art imaginable to procure consent to have it passed there And after the longest debate that hath been observed from three a clock afternoon till ten a clock the next morning when many through weakness and weariness left the House So that it looked as it was sawcely said like the verdict of a starved Iury and carried onely by eleven voyces And shortly after that the King had been received with all possible expressions of loyal affection by the City of London against which it was murmured and the chief advancers of that duty discountenanced and their Loyalty envied at And when it was publiquely said in the House of Commons upon some dispute of a pretended breach of the order of the House That their Discipline ought to be severe for the Enemy was now in view meaning the King returned then I say was the Petition and Remonstrance presented to his Majesty at Hampton Court I could wish you had it at length as it was printed but this History growes big with necessary abreviations suppose these what the wit and malice of man could rake together to make a Sovereign suspected of his Subjects Their Petition thus in effect Most gracious Soveraign Your Majesties most humble and faithful Subjects the Commoners in this present Parliament doe with joy acknowledge this favoâ—r of God for his safe return into England when the dangers and distempers of the State have caused them to desire his presence and authority to his Parliament for preventing of eminent ruine and destruction to his Kingdome of England and Scotland fomented by a Malignant party for alteration of Religion and Government the increase of Popery by the practice of Iesuits and other Engineers and factors for Rome corrupting the Bishops and Privy Council They being the cause of the late Scotish war and the Irish Rebellion now for prevention they pray that his Majesty would concur with his Parliament deprive the Bishops of their Votes To take a way oppressions in Religion Church Government and Discipline To purge his Councils of such as are promotors of these corruptions and not to alienate any escheated Lands in Ireland by reason of the Rebellion And these being granted they will make him happy To this the body of their Remonstrance was annexed very particular and large which they draw down from the beginning of the Kings Reign pretending to discover the Malignant party and their designs and consequently the miseries thereby to the State And this they intitle A Remonstrance of the Kingdom Die Mercurii December 15. 1641. In brief to set it down from these Heads 1. The Root and the growth of these mischievous Designs 2. The maturity and ripeness to which they have attained before the beginning of this Parliament 3. The effectual means which hath been used for the extirpations of these dangers evils and progress that hath been made therein by the Kings goodness and the wisdome of Parliament 4. The waies of obstruction and opposition by which the Progress hath been interrupted 5. The courses to be taken for removing those obstacles and for the accomplishing of their dutiful and faithful intentions and endeavours of restoring and establishing their ancient honour greatness and security of this Crown and Nation The Root of all this mischief they finde to be a Malignant and pernicious Design of subverting the fundamental Laws and Principles of Government upon which the Religion and Iustice of the Kingdome are firmly established The Actors and Promoters hereof have been 1. The Iesuited Papists who hate the Laws as the Obstacles of that change and subversion of Religion which they so much long for 2. The Bishops and the corrupt part of the Clergy who cherish formalities and superstitions as the natural effects and more probable supports of their own Ecclesiastical Tyranny and usurpation 3. Such Councellors and Courtiers as for private ends have ingaged themselves to further the Interest of some foreign Princes or states to the prejudice of the King and State at home And to make it more credible the Remonstrance moulds out some common Principles by which they pretend â—ll the Malignant Councels and actions were governed and these are branched in four particulars in effect That the Malignant party maintained continual differences and discontents betwixt the King and the people upon questions of Perogative and priviledge that so they might have say they the advantage of siding with him and under the notions of Men addicted to his service gain to themselves and their parties the places of greatest trust and power in the Kingdome They suppressed the purity and power of Religion and such as we asserted to it as being contrary to their own ends and the greatest impediment to that charge which they thought to introduce Then to conjoyn these parts of the Kingdome which were most propitious to their own ends and to divide those who went most opposite which consisted in many particular observations to cherish the Arminian part in those points wherein they agree with the Papists to multiply and enlarge the differences between the Protestant and those which they call Puritans to introduce and countenance such opinions and Ceremonies as are fittest for accommodation with Popery to increase and maintain ignorance looseness and prophaness in the people that if these three parties Papists Arminians and Libertinâ—s they might compose a body fit to act such Councels and resolutions as were most conduceable to their ends And politickly they disaffected the King to the Parliament by slanders and false imputations and by putting him upon other waies of supply which in shew and appearance were fuller of advantage than the ordinary course of subsidies though in truth they brought more loss than gain both to King and People and have caused the distractions under which we suffer Then the Remonstrance comes to particular charges against this Malignant party 1. The dissolution of the Parliament at Oxford two subsidies being given and no grievance relieved 2. The loss of the Rochel fleete by our shipping delivered over to the French to the loss of that Town and the Protestant Religion in France 3. The diverting of his Majesties course of wars
must be the best and only remedy to remove our troubles That without a Treaty the Propositions may be esteemed Impositions That the King might have some just desires to move for the Crown and for himself and that every thing in the Propositions might not be of such importance as that the not granting it might hinder a peace That a personal Treaty is the best way to beget a mutual confidence between the King and Parliament And amongst other Protestations they aver That if Scotland had apprehended that the least injury or violence would have been committed against his person or Monarchical Government had they not received assurances from the Parliament to the contrary certainly all the threatnings and allurements in the world could never have perswaded them to have parted from the King and that it was their brotherly confidence in the Parliament fellow Subjects and the assurance that they had from both Houses that made them leave the King Then they complain of a vast deformity or multiformity of Heresies and sects endangering the ruin of Religion in this Kingdom But what ere the Scots have said in this Declaration the Parliament afterwards found out such Members at leisure that formed into a Committee for that purpose gave them a sound Answer But the King in the general Interest of all conceived them so unreasonable to be positively assented unto before a Treaty or dispute of some part or either of them as that he refused Giving his Reasons in a Letter or Message sealed up to the Commissioners for the Parliament to open But the Earl of Denbigh the cheif Commissioner desired the King that although they were intrusted only to bring the demands in writing and not to Treat yet they hope his Majesty would distinguish them from ordinary Commissioners and suffer them to see what was written professing that his Majesty should not receive disappointment or prejudice thereby The King Commands Ashburnham to read them aloud in these words C. R. The Necessity of complying with all engaged interests in these great distempers for a perfect settlement of peace his Majesty findes to be none of the least difficulties he hath met with since the time of his afflictions Which is too visible when at the same time that the two Houses of the English Parliament do present to his Majesty several Bills and Propositions for his consent the Commissioners for Scotland do openly protest against them So that were there nothing in the case but the consideration of that difference his Majesty cannot Imagine how to give such an Answer to what is now proposed as thereby to promise himself his great end A perfect Peace And when his Majesty further considers how impossible it is in the condition he now stands to fulfil the desires of the two Houses since the only ancient and known wayes of passing Laws are either by his Majesties personal assent in the House of Peers or by Commission under his great Seal of England He cannot but wonder at such failings in the manner of addresse which is now made unto him Unlesse his two Houses intend that his Majesty shall allow of a great Seal made without his Authority before there be any consideration had thereupon in a Treaty Which as it may hereafter hazard the security it self so for the present it seems very unreasonable to his Majesty And though his Majesty is willing to believe that the intentions of very many in both Houses in sending these Bills before a Treaty was only to obtain a trust from him and not to take any advantage by passing them to force other things from him which are either against his Conscience or Honour Yet his Majesty believes it clear to all understandings that these Bills contain as they are now penned not only the divesting himself of all Soveraignty and that without possibility of recovering it either to him or his Successors except by repeal of those Bills but also the making his Concessions guilty of the greatest pressures that can be made upon the Subject as in other particulars so by giving an arbitrary and unlimited power to the two Houses for ever to raise and levy Forces for Land or Sea service of what persons without distinction or quality and to what numbers they please And likewise for the payment of them to levy what monies in such sort and by such wayes and means and consequently upon the Estates of whatsoever persons they shall think fit and appoint which is utterly inconsistent with the Liberty and Property of the Subject and his Majesties trust in protecting them So that if the Major part of both Houses shall think it necessary to put the rest of the propositions into Bills his Majesty leaves all the World to judge how unsafe it would be for him to consent thereunto And if not what a strange condition after the passing of these four Bills his Majesty and all his Subjects would be cast into And here his Majesty thinks it not unfit to wish his two Houses to consider well the manner of their proceeding That when his Maiesty desires a personal Treaty with them for the setling of a Peace they in Answer propose the very subject matter of the most essential part thereof to be the first granted A thing which will be hardly credible to posterity Wherefore his Majesty declares That neither the desire of being freed from this tedious and Irksome condition of life his Majesty hath so long suffered nor the apprehension of what may befall him in case his two Houses shal not attend him a personal Treaty shall make him change his resolution of not consenting to any Act till the whole Peace be concluded yet then he intends not only to give just and reasonable satisfaction in the particulars presented to him but also to make good all other concessions mentioned in his Message of the twenty sixth of November last Which he thought would have produced better effects than what he findes in the Bills and Propositions now presented unto him And yet his Majesty cannot give over but now again earnestly presse for a personal Treaty so passionately is he affected with the advantages which peace will bring to his Majesty and all his Subjects of which he will not all dispair there being no other visible way to obtain a well grounded peace How ever his Majesty is very much at ease within himself for having fulfilled the Offices both of a Christian and of a King and will patiently wait the good pleasure of Almighty God to encline the hearts of his two Houses to consider their King and to compassionate their fellow Subjects miseries Carisbroke Castle Decem. 28. 1647. For the Speaker of the Lords House c. Herein the Commissioners found what pinched the Parliament and no sooner had the Parliaments Commissioners taken their leave and were gone towards Newport but Hamond turns out all the Kings Servants out of the Castle The confusion was so great that the King demands of
him whether this suddain change be sutable to his Ingagement or for a man of honour or honesty to deal thus with them that had so freely cast themselves upon him and whether the Commissioners were acquainted herewith he answered No but that he had the Parliaments Authority to do it and that he plainly saw by his Answer to the Propositions that he acted by other councils than stood with the good of the Kingdom Do you infer this sayes the King from my Answer and commanded Ashburnham to read the Copy thereof aloud to the company Hamond replied to all that he hoped of the good liking of the Houses thereto The King answered for once I will dare to be a Prophet for if ever the Parliament return an Answer to this believe me not but instead of all they will give the Governour thanks for his severity and send him a gratuity which they did And all parted with tears and much grief to the King Which so exasperated the people of the Island that somewhat happened like a mutiny and one Captain Barley heated with passion and misjudgment beat a Drum in Newport crying out for God and the King and the people but was soon suppressed interpreting this attempt to be a design they said to take away the King to seize the Castle and to do such like impossibilities Hereupon the Vice Admiral Rainsborough is commanded with a Fleet to surround the Isle and Land Forces are sent thither to strengthen the places and Votes passed the House for the trial of the chief Actors in this Mutiny Decem. 30. And Baily was arraigned at Winchester condemned for High Treason and accordingly hanged drawn and quarterd for Sir Harry Mildmay sometime Master of the Jewel house to the King and his Houshold servant alwaies had particular thanks of the House for his good service at Southampton upon the Commission of Oyer and determiner for the trial of Captain Baily Febr. 2. The Kings Answer read in the Houses and the effect known to the Army that hereby he was in a Gin and upon ruine they all piece again and the Agitators are brought into order only two Dissenters in honour to Military Discipline were shot and others imprisoned and all men had leave and liking to exclaim against him even in Pulpits generally countenancing the opinion of the most exasperated Members to consult of Interdictory Votes against all Commerce with the King which was set out the tenth of Ianuary 1. That the Houses for the future should have no access to or commerce with the King 2. Nor by any person whatsoever unless having obtained leave of both Houses 3. That no Messenger nor Paper should be recieved at any time from the King 4. That he shall incur the pains of High Treason that shall act to the contrary These were long debated below and the Houses made thin ere they were resolved And the first Vote held the whole day the Members wearied perhaps sooner than perswaded to the hopes of better events than followed the latter three were harsh yet necessarily depending Howbeit the higher House held to the tugg for many dayes till the Messengers of the Army came and gave thanks to the Commons and the old Artifice was set on work by the Rabble to rail at the Lords and some other terrors of Guards to the dissenting Peers made them at last to joyn with the Commons in these Votes and had thanks from the Army that the Souldiers would defend the priviledges of the upper House And for what was done then and subsequently acted there were Emissaries ordained to extort gratulatory Petitions from the people for what was done and to desire some more severe course upon the King But in fine the Parliament was put to it to give their Reasons of those Votes in a publick Declaration 15. Febr. In which they endeavour to set forth the fruitless addresses formerly made to the King which besides the suffering of many hundred thousands free-born people have not moved him That 7. Applications with Propositions have been tendered wherein the Parliament have yielded up not only their will and affections but reason and judgment yet he never accepted of any sent him No not after he was gone from Oxford his Towns and Armies overcome The last address was but for four Bills which they judged just honourable and necessary for safety during the after Treaty Then they remember many nay all the passages complainable of his Reign as hath been particularly set forth heretofore in their several Remonstrances where to the King gave Answers all which are but the repetition of former observations sufficiently expressed throughout this History and to say it over again will but trouble the Reader nor make more advantage to either party than as heretofore hath been And they conclude That he hath not only forgot his duty to the Kingdom but care and respect to himself and Family and that they could give many reasons more why they will make no more addresses and yet they will use their utmost endeavours to settle the present Government as may best stand with the Peace and happines of this Kingdom And hereupon almost together comes out the Armies Declaration in reference to the former of the Parliament We finde say they That the Parliament have insisted only upon some few things so essential to that interest of the Kingdom which they have hitherto engaged for as that without betraying the safety of the Nation and themselves and all that had engaged with them in that cause without denying that which God in the issue of the War hath born such testimony unto that they could goe no lower and these things granted they have offered to Treat of all the rest so that by and with the Kings denial we can see no hopes of settlement or security that way And therefore understanding that on Munday last the House of Commons have resolved not to make any further address to the King nor receive any from him nor to suffer either in others We do freely and unanimously declare for our selves and the Army that we are resolved through the grace of God firmly to adhere with and stand by the Parliament in their said Votes and in what shall be further necessary for prosecution thereof and for the sitting and securing of the Parliament and Kingdom without the King and against him or any other that shall partake with him Windsor Ian. 11. It is true that it cannot be conceived that the King could have any possible means to make Answer to the Parliaments Declaration and Army there were too many spies upon him Yet not long after some one so well affected to the Kings Service that whilst he is a prisoner takes upon him the Kings Cause and published an Answer such as it is which we submit to censure The Title stiles it His Majesties Answer to a Pamphlet Intituled a Declaration of the Commons of England in Parliament assembled expressing their Reasons and Grounds