Caelum She lands at Dover 12 23 of Iune on Sunday seven a clock at Night and in the appearance of those who observed her in France at the first time of the Overtures for the Mariage she was grown from the fear of never being tall and already sits upon the very skirts of womanhood Her countenance sweet and lovely which opened a window with her heart where one may see Nobleness and Goodness and the actions of her self her own Will to be excellent full of Wit and a lovely manner of expressing it Her attire very plain for so great a Princess can be thought to have nothing mean about her His Majesty was come thither from Canterbury no otherwise to the Conquest of Love than to receive Her at the top of the stairs She on her Knee striving to kiss his hand He takes her up with treble surprized affection expressed in so many salutes on her lips And so with excessive strains of Love retire to the inmost chamber where after his expression of many sad fears for her hazard at Sea She whether in fright of the remembrance or sorrow to be now surprized into the subjection of a Stranger that was of her self free before she tenderly and unwilling slipt down some tears which trickled on her lips and he with the other passion of Love took that occasion to dry them up with kisses and so he said he would do till she had done confuting her that she was fallen into the effect of Gods divine Providence to forsake her kindred and cleave to her Spouse He professing to be no longer Master of himself than whilest he was a servant to her Here the Ceremony was accomplished and the Duke of Chevereux the Kings Representative in France renders her up to his Majesties Bosom and to his Bed at Canterbury From whence the whole journey in the way to Gravesend was laned through with millions of people crying out Halelujahs of Hasanna for their eternal happiness They were attended with a train of Gallantry the youth of Honour and others the Noblest of this Nation whom the Kingdom could send thither to wait upon their Majesties At Gravesend they take water towards London in the sumptuous Barge of State followed with numbers of other Barges and Boats The whole Naval Fleet designed to clear the stream and to Anchor neer either shore and their Majesties to be rowed through their ranks the Ships in comely order giving fire by degrees after the first shot vollyed these Princely Guests with the roaring Cannons that shook the ayre even to their landing at Somerset-House The third day appeared their Majesties on Royal Thrones to the Nobility and now their Mariage proclaimed with excessive joy at all From hence they too soon took leave of this evermore pestilential City but then and most usuall at the death of Soveraigns fatal which forced their remove of State to Hampton Court And so this disease of plague becoming casual we shall not need any idle suggestive Apologie to â—ake into other reasons or to fetch a freak of speculation as one hath done To mate all events passionately ascribing future calamities to the 〈◊〉 of the Kings Mariage with a Lady of Misbelief closing his excuse conjectural that No Protestant Princess was left alive to equal his Majesty for a Compleat Consort Necessity of State affairs and the custome of soveraigns enter their Inauguration with summons of their subjects Peers and People Politique and Necessary as Husband and Wife an Absolute and Natural the One may err the Other offend Not that a K. is bound up in all Acts of State lawfully to their Council and so the Parliament to be co-ordinate not subordinate to their Prince Yet King Iames often used the comparison in Matrimony And King Charles unadvisedly hereafter makes himself a Member of the Representative of Peers which the Parliament would never acquit him But for that a King is a man subject to errors in Judgement he assignes to himself Helps for directing and Rectifying his Will and Judgement by Laws and Councils Law Est mens quaedam nullo pertuâ—bata affectu So that a Prince by Law is more then a man deified but ruling by affections is brutified and nothing so outragious as injustice armed with power will and authority Councils are Privy and Publique his Privy Councill by his own free Election Publique his Parliament Peers and People so our Neighbor Nations Parliaments of France Courts of Spain Diets of Germany without which no Matters of Moment are concluded In the Monarchy of England all the three forms of Government do enter It hath one King as a Monarchy by certain Councils it participateth of Aristocracy and in the Commonalties voices and Burgesses in Parliament it taketh part of Democracy and all to temper somewhat the absolute form of Monarchy whose danger may be too peremptory At this Parliament Sir Thomas Crew was chosen Speaker of the House of Commons and was so the last of King Iames His place being as antient as Parliaments in the time of King William Rufus where he is termed Totius Regni Adunatio Afterwards stiled Vice totius Communitatis And the 51. of Edw. 3. He is named Speaker In the fifth of Rich. 2. the first that made any excuse to be discharged and in the 17. Rich 2. the first that was presented to the King in full Parliament But of late all these particulars are become proper to his place to do as this Speaker did And at the opening of this Parliament Iune 18. the King Himself salutes them which was not expected the common usage of former Princes being to speak by their Chancelour but King Iames altered that course as best able of any his Predecessors to speak for himself and King Charles began now to appear Inheritor of his Crown and Virtues though his Impediment of not speaking plain might spare him from a long Speech and have excused the grace of Oratory A note of Wisdome not weakness of understanding and in those dayes of less observation in the defect for the then Kings of Spain and France stammer'd but he with the least imperfection of them all who were men of Eminency in the effects of Government My Lords and Gentlemen YOu are not ignorant that at your earnest entreaty March 23. 1623. my Father of happy memory first took up armes for the recovery of the Palatinate for which purpose by your assistance he began to form a considerable Army and to prepare a goodly Armado and Navy Royal. But death intervening between him and the atchievement the war with the Crown is devolved upon Me. To the prosecution whereof as I am obliged both in Nature and Honour so I question not but the same necessity continuing you will cherish the action with the like affection and further it with a ready contribution True it is you furnished my Father with affectionate supplyes but they held no symmetry or proportion with the charge of so great
of England and Ireland and to introduce an Arbitrary and Tyrannical Goverment against Law in the said Kingdoms and for exercising a tyrannous and exorbitant Power over and against the Laws of the said Kingdoms over the Liberties Estates and Laws of his Majesties Subjects and likewise for having by his own Authority commanded the laying and assessing of Souldiers upon his Majesties Subjects in Ireland against their consent to compell them to obey his unlawfull Commands and Orders made upon Paper-petitions in Causes between party and party which accordingly was executed upon divers of his Majesties Subjects in a warlike manner within the said Realm of Ireland and in so doing did levy War against the Kings Majesty and his Liege-people in that Kingdom And also for that he upon the unhappy Dissolution of the last Parliament did slander the House of Commons to his Majesty and did counsel and advise his Majesty that he was loose and absolved from Rules of Government and that he had an Army in Ireland which he might imploy to reduce this Kingdome for which he deserves to undergo the paines and Forfeitures of high Treason And the said Earl hath been also an Incendiary of the wars between the two Kingdoms of England and Scotland all which offences have been sufficiently proved against the said Earl upon his Impeachment Be it therefore Enacted by the Kings most excellent Majesty and by the Lords and Commons in this present Parliament assembled and by â—â—thority of the same that the said Earl of Strafford for the hainous crimes and offences aforesaid stand and be adjudged and attainted of high Treason and shall suffer such pain of death and incur the Forfeitures of his Goods and Cattels Lands Tenements and hereditaments of any estate of freehold or Inheritance in the said Kingdomes of England and Ireland which the said Earl or any other to his use or in trust for him have or had the day of the first sitting of this present Parliament or at any time since Provided that no Iudge or Iudges Iustice or Iustices whatsoever shall adjudge or interpret any Act or thing to be Treason nor hear or determine any Treason nor in any other manner than he or they should or ought to have done before the making of this Act and as if this Act had never been had or made Serving alwaies unto all and singular persons and bodies politique and corporal their Heirs and successors other than the said Earl and his Heirs and such as claim by from or under him all such right title and Interests of in and to all and singular such of the said Lands Tenements and Hereditaments as he they or any of them had before the first day of this present Parliament any thing herein contained to the contrary notwithstanding Provided that the passing of this present Act and his Majesties assent thereunto shall not be any determination of this present sessions of Parliament and all Bills and matters whatsoever depending in Parliament and not fully enacted and determined And all Statutes and Acts of Parliament which have their continuance until the end of this present session of Parliament shall remain continue and be in force as if this Act had not been This Bill of Attainder being read opened and affirmed by sundry Presidents and Acts of Parliament might no doubt remove the misty cloud of the Peers understanding And therefore the next day the heat of that house appeared towards his destruction contrary to the Kings conscience whose Judgement was that he deserved relief And to that end the first of May he called both Houses together and to them he opened himself for the Earls defence thus My Lords and Gentlemen I had no intention to have spoken to you of this business to day which is the great business of the Earl of Strafford because I would do nothing which might hinder your occasions But now it comes to pass that I must of necessity have past in the judgment I think it most necâ—ssary to declare my conscience therein I am sure you know I have been present at the hearing of this great cause from one end to the other and I must tell you that in my conscience I cannot condemn him of high Treason It is not fit for me to argue this business I am sure you will not expect it a positive Doctrine best becomes the mouth of a Prince yet must I tell you three truths which I am sure no man can tell so well as myself First That I had never any intention of bringing over the Irish Army into England nor ever was advised by any body so to do Secondly That there was never any debate before me either in publique Councel or private Committee of the disloyalty of my English subjects nor ever had I any suspicion of them Thirdly That I was never counselled by any to alter the least of any of the Laws of England much less to alter all the Laws Nay I tell you this I think no body durst ever be so impudent as to move me to it For if they had I should have made them such an example and put such a mark upon them that all posterity should know my intentions by it they being ever to govern by the Law and no otherwise I desire rightly to be understood for though I tell you in my conscience I cannot condemn him of high Treason yet cannot I clear him of misdemeanours therefore I hope you may find out a way to satisfie justice and your own fears and not oppress my conscience My Lords I hope you know what a tender conscience is and I must declare unto you that to satisfie my people I would do great matters but in this of conscience neither fear nor any other respect whatsoever shall ever make me goe against it Certainly I have not deserved so ill of this Parliament at this time that they should press me in this tender point therefore I cannot suspect you will go about it Nay I must confess for mis-demeanours I am so clear in them that though I will not chalk out the way yet I will shew you that I think my Lord of Strafford is not fit hereafter to serve me or the Common-wealth in any place of trust no not so much as a Constable Therefore I leave it to you my Lords to find out some such way as to bring me out of this straight and keep your selves and the Kingdome from such inconveniences So then in effect he tells them of his presence at the hearing of that great cause from one end to the other and that positively in his conscience he cannot condemn him of High Treason but could not clear him of misdemeanours and he hoped that they might finde out a way to satisfie Justice and their own fears and not to oppress the Kings conscience which neither fear nor any other respect whatsoever should make him go against it and leaves them the way to bring him out of this straight This
speech thwarting the general resentment of the Parliament they were dismissed with very great discontent The next day bâ—ing Sunday the second of May the Marriage was solemnized at Court between the young Prince of Orange and the princess Mary at Whitehal he had been here ever since the twentieth of April One daies time falling in of leasure to the Parliament to consider of all the former passages concerning the Earl and that by a convenience of the service of that holy day Sunday where the Pulpits of some Incendiaries preached to the people the necessity of Justice upon high Delinquents now to be acted which so prevailed that on Munday the next morning being the third of May a rabble of the light headed City neer 6000. came thronging down that morning to Westminster the most of them armed with swords others with Cutchels and staffes crying out for Justice against the Earl of Strafford pretending that their trading decayed and they in great want thereby of bread they were loth to say so against their own knowledge being rather extreamly wanton with too much pride They applied themselves to the Earl of Mountgomery who very wisely indeavoured to appease them They notwithstanding poasted up at Westminster a Catalogue of names and stiled them Straffordians such whose suffrages had been to acquit him And this way of tumult had been lately taken up to enforce a consent or execution of any the Parliament designs upon which the King observes the subsequent mischiefs that followed I never thought saies the King anie thing except our sins more ominously presageing all these mischiefs which have followed then those Tumults in London and Westminster soon after the Convening of this Parliament which were not like a storm at Sea which yet want's not it's terror but like an Earth quake shakeing the very foundations of all then which nothing in the world hath more of horror As it is one of the most convincing Arguments that there is a God while his power sets bounds to the rageing of the Sea so t is no less that he restrain's the madness of the people Nor doth any thing portend more Gods displeasure against a Nation then when he suffers the confluence and clamors of the Vulgar to pass all boundaries of Laws and reverence to Authority Which those Tumults did to so high degrees of Insolence that they spared not to invade the Honor and Freedom of the two Houses menaceing reproaching shakeing yea and assaulting som Members of both Houses as they fancied or disliked them Nor did they forbear most rude and unseemly deportments both in contemptuous words and actions to My self and My Court Nor was this a short fit or two of shakeing as an Ague but a quotidian Fever alwaies encreasing to higher inflammations impatient of any mitigation restraint or remission First they must be a Guard against those fears which som men scared themselves and others withall when indeed nothing was more to be feared and less to be used by wise men then those tumultuarie confluxes of mean and rude people who are taught first to Petition then to Protest then to dictate at last to Command and Over-aw the Parliament All obstructions in Parliament that is a freedom of differing in Votes and debateing matters with reason and candor must be taken away with these Tumults By these must the Houses be purged and all rotten Members as they please to count them cast out By these the obstinacie of men resolved to discharge their Consciences must be subdued by these all factious seditious and schismatical Proposals against Government Ecclesiastical or Civil must be backed and abetted till they prevailed Generally who ever had most minde to bring forth confusion and ruine upon Church and State used the midwiferie of those Tumults whose riot and impatience was such that they would not stay the ripening and season of Counsels or fair production of Acts in the order gravitie and deliberateness befitting a Parliament but ripped up with barbarous crueltie and forcibly cut out abortive Votes such as their Inviters and Encouragers most fancied Yea so enormous and detestable were their out-rages that no sober man could be without an infinite shame and sorrow to see them so tolerated and connived at by some countenanced encouraged and applauded by others What good man had not rather want any thing he most desired for the publique good then obtain it by such unlawful and irreligious means But mens passions and Gods directions seldom agree violent designs and motions must have suteable engines such as too much attend their own ends seldom confine themselves to Gods means Force must crowd in what Reasons will not lead Who were the chief Demagogues and Patrones of Tumults to send for them to flatter and embolden them to direct and turn their clamorous importunities some men yet living are too conscious to pretend ignorance God in his due time will let these see that those were no fit means to be used for attaining his ends But as it is no strange thing for the sea to rage when strong windes blow upon it so neither for multitudes to become insolent when they have Men of some reputation for parts and piety to set them on That which made their rudeness most formidable was That many Complaints being made and Messages sent by My self and some of both Houses yet no order for redress could be obtained with any vigor and efficacie proportionable to the malignity of that now far-spread disease and predominant mischief Such was some mens stupidity that they feared no inconvenience Others petulancie that they joyed to see their betters shamefully out-raged and abused while they knew their onely security consisted in vulgar flattery So insensible were they of Mine or the two Houses common safety and Honors Nor could ever any order be obtained impartially to examine censure and punish the known Boutefeus and impudent Incendiaries who boasted of the influence they had and used to convoke those Tumults as their advantages served Yea some who should have been wiser States-men owned them as friends commending their Courage Zeal and industry which to sober men could seem no better then that of the Devil who goes about seeking whom he may deceive and devour I confess when I found such a deafness that no Declaration from the Bishops who were first fouly insolenced and assaulted nor yet from other Lords and Gentlemen of Honor nor yet from my self could take place for the due suppression of these Tumults and securing not onely Our Freedom in Parliament but our very Persons in the streets I thought My self not bound by My presence to provoke them to higher boldness and contempts I hoped by My with-drawing to give time both for the ebbing of their Tumultuous fury and others regaining some degrees of modesty and sober sense Som may interpret it as an effect of Pusillanimity for any man for popular terrors to desert his Publique Station But I think it a hardiness beyond true
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
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
such desires as his Majestie is to propound as it is impossible for him to give such a present judgement of and Answer to these Propositions whereby He can answer to God that a safe and well-grounded peace will ensue which is evident to all the world can never be unless the just power of the Crown as well as the freedom and proprietie of the Subject with the just libertie and Priviledges of the Parliament be likewise setled To which end his Majestie desires and proposeth to come to London or anie of his houses thereabouts upon the publick Faith and securitie of the two Houses of Parliament and the Scots Commissioners that he shall be there with Freedom Honour and Safetie where by his personal presence he may not onely raise a mutual confidence betwixt him and his people but also have those doubts cleared and those difficulties explained unto him which he now conceives to be destructive to his just Regal power if he shall give a full consent to these Propositions as they now stand As likewise that he may make known to them such his reasonable demands as he is most assured will be very much conducible to that peace which all good men desire and pray for by the setling of Religion the just priviledges of Parliament with the freedom and proprietie of the Subject and his Majestie assures them that as he can never condiscend unto what is absolutely destructive to that just power which by the Laws of God and the Land He is born unto So he will cheerfully grant and give his assent unto all such Bills at the desire of his two Houses or reasonable demands for Scotland which shall be reallie for the good and peace of his people not having regard to his own particular much less of any bodies else in respect of the happiness of these Kingdoms Wherefore his Majestie conjures them as Christians as Subjects and as men who desire to leave a good name behind them that they will so receive and make use of this Answer that all issues of blood may be stopped and these unhappy distractions peaceably setled Newcastle August 1. 1646. POSTSCRIPT Upon assurance of a happy agreement his Majesty will immediately send for the Prince his Son absolutely expecting his perfect Obedience to return into this Kingdom This Answer so suddain and so home to the business may deserve some observation where were his Malignant Councellors as they were called Not one of them nor any other Servant or and others Authorized by his Majesties said Roman Catholick Subjects the 6. of March 1645. or the other part We the said Lord Lieutenant and Council do by this Proclamation publish the same and command all his Majesties subjects in Ireland to obey the same in all parts thereof And as his Majestie hath been induced to this Peace out of a deep sense of the miseries of this Kingdom and out of a hope that it might prevent the future effusion of his Subjects blood redeem them out of all the miseries and calamities under which they now suffer restore them to all quietness and happiness under his Majesties most Gracious and quiet Government deliver the Kingdom in general from those Slaughters Deprecations Rapines and Spoiles which alwaies accompanie a War encourage the Subjects and others with comfort to betake themselves to Trade Traffique and Commerce Manufacture and all other things which uninterrupted may increase the wealth and strength of the Kingdom beget in all his Majesties Subjects of this Kingdom a perfect unitie amongst themselves after the too long continued Division amongst them So his Majestie assures himself that all his Subjects of this his Kingdom duly considering the great and unestimable benefits which they may finde in this Peace will with all duty râ—nder obedience th ereunto Given at Dublin 30. July 1646. Rich. Bolton Chancelor Roscomon Dillan Lambert Louther Willoughby Forth Dublin Cloine Chichester Titchburn Lucas Ware It is true that the Scots offer to be gon upon a reasonable account for their expences here we cannot forget how chargeable they have been heretofore and now a petty summe would send them packing The reckoning came in a Letter of the Scots Commissioners residing here and amounted to a Million not a peny more nor less besides their losses their Free Quarter not accounted And yet notwithstanding they would be content to accept of a Summe in gross for the full discharge of their Arrears The House of Commons hereat was in a Hubub at this monstrous demand and urged them positively to set down their sum that it might be known how to to be answerd Aug. 18. And had it stated to be no less then five hundred thousand pounds two hundred thousand at their advance and the other three at a twelve-moneth end Then came a Petition aud Remonstrance of the Scots General Assembly to the King of the old and usual stamp tedious and impertinent which we shall understand by his Majesties Answer Upon perusal of the Petition we require to see the Commission by which the Messenger who brought it or the persons who sent him are qualified to intermeddle in Affairs so Foreign to their Jurisdiction and of so great concernment to this our Kingdom Upon examination whereof and in defence of the Laws and Government of England we must profess that the Scots Petitioners or the General Assembly of the Church of Scotland have not the least power or authority to intermeddle in the affairs of this Kingdom or Church which are setled and established by the proper Lawes of this Land and till they be altered by the same competent power cannot be revived again without a due sence of us and this Nation much less can they present any advice or Declaration to our two Houses of Parliament against the same or to that purpose to send any Letters as they have now done to any Minister of our Church here who by the Laws of this Land cannot correspond against the same As for Uniformity in Church Government we conceived the answer formerly given by us to the former Petition in this argument was sufficient viz. That the Government here established by Lawes hath so near a relation and intermixture with the Civil State which may be unknown to the Petitioners that till a composed digested form be presented unto us upon a free debate of both Houses in a Parliamentary way whereby the consent and approbation of this whole Kingdom may be had and we and all our Subjects may discern what is to be left in or brought in as well as what may be taken away We know not how to consent to any alteration otherwise then to such an Act for the â—ase of tender Consciences in the matter Ceremonies as we have often offered c. Of many Bills offered to us for Reformation we shall not now speak they being a part of these Articles upon which we have offered and expect to Treat But we cannot but wonder by what authority you
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
And thus by degrees they are preferred and the Courts filled And whilst the Treaty is in some likelyhood to conclude fair the Armies Petitions speak home for a scrutiny to be taken for discovery of contrivers and actors in the late bloody Wars that speedy Justice be done upon them That the same fault may have the same justice and punishment in the person of the King or Lord as in the person of the poorest Commoner That such as speak or act in the Kings-behalf till he be acquitted of shedding innocent bloud be proceeded against as Traytors These and other such like Petitions set the wheele on going towards the Kings after destruction The Head Quarters were now at Windsor where the Army concluded the large Remonstrance commended by the Generals Letter and brought up to the Parliament by half a dozen Officers It was of the greatest length which we must abreviate The Preamble shews the miscarriages of the King and Parliament in former Treaties And therefore urge Reasons to lay aside any further proceedings therein and to return to their former Votes of Non-â—ddress and to settle the Government that he may not be 〈◊〉 and that they proceed against the King by way of justice for evils done by him and in order thereunto that he be kept in safe custody 2. To lay aside that bargaining Proposition with Delinquents which will present the thing done by contract with the King and not in a way judicially 3. And in order to all they offer First That the King be brought to justice as the capital cause of all Secondly That a peremptory day be set for summoning the Prince of Wales and Duke of York and if they refuse to declare them incapable of Government or Succession and stand exiled as Traytors and if they render themselves yet they to be proceeded against for satisfaction that the Revenues of the Crown be sequestred Thirdly That publick justice be done against the Actors in the late Wars Fourthly And others upon submission may have mercy and conclude as usual That the Armies Arrears may be paid the County eased of free-quarter publick debts paid a period to be put to this Parliament A new Representative of the people for governing and preservation of the whole body of people in this Nation That no King be admitted hereafter but upon election of and as upon trust for the people who is to be limited by the Representative c. 16. Novem. The Parliament read this Remonstrance which endured a high debate and was referred to be further discussed some dayes after In the mean time the General sends his Letters to Colonel Hamond to render up his Command to Colonel Ewers who is to take charge of the King but the Parliament Vote him hereupon to stay there of which the General hath notice 27. Novem. The Army fast and pray and receive Petitions from several Counties in order to what they intend to resolve And therefore Hamond submits and delivers up the King to Ewers and comes towards the Army The Parliament are angry and Vote a Letter to the General That his Orders and Instruction to Colonel Ewers for securing the Kings person are contrary to their resolutions and instructions to Colonel Hamond And that it is the pleasure of the House that his Excellency recall his Orders and that Colonel Hamond be free to take his charge in the Isle of Wight the Treaty being ended But in stead of an obedience hereto he salutes them with a sharp Letter for money to pay Arrears of the Army to spare free Quarter upon the County or he must be forced to change his quarters and come nearer London And withall is published a Declaration of the Army in confirmation of their late Remonstrance Windsor 30. Novem. Which Declaration the Parliament are resolved not to tak◠〈◊〉 â—onsideration Herâ—â—pon the Army Marches to London and Quarter at Whitehall St. Iames's the Mewes and in several Towns and Hamlets about the City The King is removed by Ewers out of the Isle of Wight to Hurst Castle and the City in fear are raising 40000. l. forthwith for the Army At the reading of the Remonstrance to the King at Newport and concerning the intended Tryal of him he propounded four Queries First Whether this Remonstrance be agreeable to the former Declarations of the Army and if not whether the Parliament would make good their Votes that after he had consented to what they desired he should be in a capacity of Honour Freedom and Safety Secondly Whether his acknowledgment of the guilt of the blood that hath been spilt in the late Wars nothing being as yet absolutely concluded or binding could be urged so far as to be made use of by way of evidence against him or any of his party Thirdly Whether the Arguments that he hath used in a free and personal Treaty to lessen or extenuate and avoid the exactness of any of the conditions though in manner and form only might be charged against him as an Act of Obstinacy or wilfull persistance in what is alleged against him in that he goes on in a destructive course of enmity against the people and the Laws of the Land when he hath declared that his Conscience was not satisfied concerning divers particulars in the Propositions Fourthly Whereas by the Letter of the Law all persons charged to offend against the Law ought to be tryed by their Peers or equals what the Law is if the person questioned is without a Peer and if the Law which of it self is but a dead Letter seems to condemn him by what power shall judgement be given and who shall give it or from whence shall the administrators of such judgement derive their power which may by the same Law be deemed the Supream power or Authority of Magistracy in the Kingdom At at his removal from the Isle of Wights he framed a Declaration concerning the Treaty and his dislike of the Armies proceeding commanding one of his servants to see it published for satisfaction to all his Subjects Decemb. 1648. When large pretences prove but the shadows of weak performances then the greatest labours produce the smallest effects and when a period is put to a work of great concernment all mens ears doe as it were hunger till they are satisfied in their expectations Hath not this distracted Nation groaned a long time under the burden of Tyranny and oppression and hath not all the blood that hath been spilt these seven years been cast upon my head who am the greatest sufferer though the least guilty And was it not requisâ—â—e to endeavour the stopping of that flux which if not stopt will bring an absolute destruction to this Nation And what more speedy way was there to consummate these distractions than by a personal Treaty being agreed upon by my two Houses of Parliament and condescended to by me And I might declare that I conceive it had been the best physick had not the
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
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
Against abuses committed on Sundays The King to make Leases of Lands parcel of his Dutchy of Cornwall For ease of obtaining Licences of Alienation and in the Pleadings of Pardon in the Exchequer or else where For restraining Misbehaviour in Inns and Alehouses That this Session shall not determine by his Majesties royal assent to these Acts. Then passed a Bill in the Lower House of Tonnage and Poundage but because it was limited to one year whereas former Grants to his Majesties Predecessors were for Life It was foundred in the Upper House The Reason of this Restraint was thus In a Parliament the 18. of King Iames the Kings learned Councill culled out of that Act reasons for pretermitted Customes and other Impositions which were accounted Grievances to the Subject and an Imoderate charge upon those Customes and therefore their Design was to reduce them to the rate settled long since tempore Mariae but they wanted time enough to mold it now The next Assembly met the first day of August at Oxford The Divinity School for the Commons and the Gallery above for the Lords Hence is observed a pretty Note To give up the Divinity-School to the Commons and that Chair to their Speaker put them into an usurpation of Determinations of Divinity and henceforward no Parliaments without a Committee of Religion of Lay-Persons not onely to mannage controversies of Divinity but to ruine the old and to establish a New And because the Kings designes required Expedition He summons both Houses to Christ-Church Hall where he urged to them his Necessities for setting forth his Fleet. But his desires found no other consideration than for a formal Petition against Recusants and the causes of their increase with the Remedies Most Gracious Soveraâ—gn IT being infallibly true that nothing can more establish your Throne and assure the peace and prosperity of your People then the unity and sincerity of Religion We your Majesties most humble and loyal Subjects and Commons in this present Parliament assembled observing that of late there is an apparent mischievous encrease of Papists within your Dominions hold our selves bound in conscience and duty to present the same unto your sacred Majesty together with the dangerous consequences and what we conceive to be the most principal causes and what may be the remedies thereof 1. Their desperate ends being the subversion both of Church and State and the restlessness of their Spirits to attain those ends The Doctrine of their Teachers and Leaders perswading them that therein they shall do God good Service 2. Their evident and strict dependance upon such Foreign Princes as no way affect the good of your Majesty and this State 3. An opening a way of Popularity to the ambition of any who shall adventure to make himself head of so great a party The principal causes of the increase of Papists 1. The want of due execution of the Laws against Iesuits seminary Priests and Papists Recusants occasioned partly by Connivance of the State partly by many abuses of Officers 2. The interposing of foreign Princes by their Ambassadours and Agents in favour of them 3. Their great Concourse to the City and their frequent conventicles and conferences there 4. The Education of their children in Houses and Seminaries of their Religion in foreign parts which of late have been greatly multiplied and enlarged for the entertainment of the English 5. That in many places of this your Realm your people are not sufficiently instructed in the knowledge of true Religion 6. The licentious publishing of Popish and seditious Books 7. The imployment of men ill affected in Religion in places of Government who countenance the Popish party The Remedies be these 1. That there be great Care taken in the choise and admitting School-Masters and that the Ordinaries make diligent inquiries of their demeanours and proceed to the removing of such as shall be faulty 2. That the antient Discipline of the University be restored being the famous Nursery of literature 3. That for the propagation of the Gospel such able Ministers as have been formerly silenced may by fair entreaty of the Bishops be reduced to the service of the Church and that Non-residency Pluralities and Commendums may be moderated 4. That a straight provision may be made against transporting of English children to Popish Seminaries beyond Seas and for recalling such as are there already 5. That no Popish Recusant be permitted to come within the Court unless upon special occasion agreeable to the Statute 3â— Iacobi 6. That all Jesuits Priests and others having taken Orders from the See of Rome may be banished by Proclamation and in case of disobedience may be proceeded against according to the Laws of the Land 7. That none by any authority derived from the See of Rome be permitted to confer Orders or exercise any Ecclesiastical function within your Majesties Dominions 8. That all former Grants of Recusants lands made to the use and interest of such Recusants may by the advice of your Majesties Council be voided 9. That all Recusants may be excommunicated and not absolved but upon conformity 10. That all Recusants be removed from places of authority and government 11. That all Recusants be disarmed according to the provision of the Law 12. That they may be all confined to remain at their Country habitations and not to travel above five miles from thence 13. That none of your Majesties natural born Subjects be suffered to repair to the hearing of Masses or other superstitious service at the Chappels or houses of foreign Ambassadours or elsewhere 14. That all such insolencies as any Popishly affected have lately committed to the dishonour of our Religion be exemplarily punished 15. That the penalâ—y of 12. d. every Sunday for default of coming to Divine Service in the Church without lawful excuse may be put in Execution Lastly that your Majesty would be pleased to order that the like courses may be taken in Ireland for the establishing of true Religion there The Kings Answer was so satisfactory and sodain to each particular being heretofore branched to his Father and the remedies resolved upon them and now so reasonably required as that the King took him from hence to speak for himself and to put them to it to supply his very urgent Necessities to set forth his Navy It found affection in some earnest to give and to satisfie the present occasion with expedition Others having no heart to deny nor willing to contribute but cunningly to gain convenient time as to prejudice the Design which was to be sodain and there were these the most averse that quarreled not the Expedition for it was secret and so ought to be but old Sir Robert Mansel a quarrelous person for his interest in the Glass house then in dispence must be set up a Man of great Experience and sound Judgement but where in the Narrow Seas And he by Guess had declared against the Design and tendered some overtures
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
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
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
who was Henry The very same reason in the Title of the Earl of Strathern the Children of a first Marriage by Common Law are to be preferred in the succession before the Children of the second Marriage for the marrying of Elizabeth Moor did but legitimate her Children to succeed after the Children of the first Marriage As for the authority of Parliament we may consider whether that Authority may confer and intail a Crown from a lawfull Heir thereof to the next apparant Heirs Or whether an Oath given unto a King by Mans Law should be performed when it tendeth to the suppression of Truth and Right which stand by the Law of God Then if one Parliament hath power to intail a Crown whether may not another Parliament upon the like consideration restore the same to the right Heirs But it may be objected that the Subject resigneth all his Right to his King and then consider whether a Subject may safely capitulate with his Prince that is to give over and quit claim all Right and Title which he hath to his Sovereign Crown his right being sufficient And if by his Capitulation his Heirs be bound And if besides it be honourable for a Prince to accept his conditions The trouble which Edward Baliol raised in Scotland their Histories mention notwithstanding that his Father John Baliol had resigned unto Robert King of Scotland all the Right which he or any other of his had or thereafter might have to the Crown of Scotland He anno 1355. gave to Edward the third King of England a full Resignation of his pretended Right of the Crown of Scotland as before being assisted by the said King and the confederate Gentlemen of Scotland in a Parliament holden at Perth where he had been confirmed King of Scotland by the three Estates If the Pope the King of Spain or France after some Revolution of years seeking to trouble the peace of this Isle should entertain and maintain one of the Heirs of the Earl of Strathern as Queen Elizabeth did Don Antonio the Prior of Crato who claimed the Crown of Portugal to reclaim whose Kingdom she sent a Fleet to settle him or should marry one of them to their nearest Kinswoman and served him armed with power to claim his Title to the Crown of Scotland as King James the fourth of Scotland practised upon Perkin Warbeck named Richard Duke of York to whom he gave in Marriage Katherine Gordoun Daughter to the Earl of Huntley and thereafter all his Forces to establish his said Ally invaded England whether had he not a fair Bridg to come over to this Isle It would be likewise considered if the Earl of Strathern though a mean Subject these two hundred years having been debarred all Title to the Crown and now by the favour of King Charls being restored in bloud and served Heir to his great Progenitours and indirectly as by appendices to the Crown if either out of displeasure and want of means to maintain his Estate he or his should sell or dispose their Right and Title of the Kingdom of Scotland to some mighty Prince such as was perhaps lately the King of Sweden who wanted nothing but a Title to invade a Kingdom not knowing whether to discharge his victorious Forces It would be considered if that Title disposed to such a Prince were sufficient to make him King of Scotland or if establishing his Right upon fair conditions such as is Liberty of conscience absolution and freedom from all Taxes Subsidies the People of Scotland might give him their Oath of Allegiance or if he might redact the King of Scotland to give him satisfaction or composition for his Right to the Crown of Scotland It was to be considered the times turning away the mindes of Subjects from their Prince by changes as hath befallen that inconstant Nation to these present times how dangerous was it besides to his own person And for the Earl the Examples following may inform for first Lewis King of France having under stood that a Nobleman of Artois called Canacare had vaunted to be lineally descended as in truth he was from Clodioule Chevelu and so by that succession was Heir to the Crown caused him extirpate and all his Race Henry 4. King of England after the deposure of King Richard the second kept Edmund Mortimer Earl of March who had a just Title to the Crown under such Guard as he could never attempt any thing till to his Death But Henry the seventh King of England took away Edward Plantaginet Duke of Warwick Heir to George Duke of Clarence in jealousie of his succession to his Uncle Edward the fourth Margaret Plantaginet his sole Daughter married to Richard Pole by Henry the eighth restored to the Earldom of Salisbury was attainted three score and two years after her Father had suffered and was beheaded in the Tower in whose Person died the Sirname of Plantaginet Ann Plantaginet Daughter to Edward the fourth being married unto Thomas Howard Earl of Surrey and Duke of Norfolk was the ground and chief cause that King Henry the eighth cut off the Head of Henry Earl of Surrey though he pretended that the cause of his Arreignment was for bearing certain Arms of the House of York which onely belonged to the King Mary Queen of England put to death the Lady Jane Grey and the Lord Guilford her Husband for their Title to the Crown and by the same reason was the destruction of Mary Queen of Scotland by Queen Elizabeth The like reason also made King James of Great Brittain imprison the Lady Arabella and her Husband she being with childe but by Imprisonment and flight she miscarried and died and then he was released The Duke of Guise deducing his Genealogy from Charls le grand in the Reign of the French King Henry the third was suspected to aspire to that Crown and suffered at last for that presumption And to return to Scotland it is evident in their History that for thâ—se two hundred years last past the Race of Euphane Ross in her children David Earl of Strathern and Walter Earl of Athol have been kept under and for good reason of State ought to be so still unless the policy of a Prince wâ—uld the rather raise them up to a considerable suspâ—â—ion thereby to deserve a greater Destruction This discourse of Strathern is inserted fâ—r particular satisfaction of some English that have doubâ—ed of his Descâ—nt And now the Sâ—ots begin to invest themselves with the supreme Ensigns of Sovâ—reignty and Marks of Majesty by erecting of four Tables of Council for ordering the Affâ—irs of thaâ— Kindgom a new way of Judicature of their own composing in contempt of the King and his Council erected much like those of the detestable pretended holy League in France entring into Covenant against all Opposers the King himself not excepted They erected many Tables in Edinburgh four were principal consisting of the Nobility Gentry Buâ—roâ—ghs and Ministers many subordinate Tables of
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
both in Church and State and at the heels of them others of particular persons such who had justly though deserved the lash of the Star-chamber Council-table High-commission Court And the next day these were charily delivered to Grand Committees and divers of them enlarged out of their several Prisons to make their Complaints and the principal were those of Pryn Bastwick and Burton as before remembred To the Grievances Master Pym's Speech was complete and full that of the Lord Digbyâ—s â—s rather witty but such as they were not to trouble you with many more to the same purpose I shall here insert November the eighth they would increase this Book to a Bulk Mr. Pym's Speech TO redress grievances will not hinder but further the Kings service To take away the weights as much advantages motions as to add wings His method was first Several heads of grievances Secondly hurtfull to the King as to the People Thirdly and the remedie equally good to both of them That the King can do no wrong the Law casts it upon the Ministers The influence of Heaven conveyeth vigour into the sublunary Creatures but the malignity of all Epidemical diseases proceed from the ill affected qualities of the Earth or aire His order was to mention three grievances First Against priviledg of Parliament Secondly prejudice of Religion Thirdly Liberty of the Subjects For the first The members are free from suits to have liberty of speech a legislative Iudiciary and Consiliary power being to the boly publique as the faculties of the soule to a Man The Priviledges have been broken First In restrayning the member from speaking Secondly In forbidding the speaker to put a quâ—â—tion both of these practized in the last Parliament Thirdly by Imprisoning divers Members for matters done in Parliament Fourthly By proceedings against them therefore in the inferiour Courts Fiftly Enjoyning their good behaviour and continuance in Prison even to the death In abrupt disolution of Parliament the great grievance like the execution of a man without being heard It recâ—ives a being by the summons and a civil death by dissolution not only thereby to die but to be made Intestabiles not to make their wills their acts c. The Second Incouragement to Popery First by suspension of all Laws against them that there can be no security from Papists but in their disability Their principles incompatible with any other Religion Laws will not restrain them Oaths will not the Pope dispenseth with both and his Command acts them against the Realm in spirituals and temporals ad spiritualia Henry the third and Henry the fourth of Fraâ—ce were no Protestants yet were murthered because they tolerated reformation Secondly Their places of trust and honour in the Common-wealth 3 Their free resort to London and to the Court to comunicate their Councils and designs diving into the secrets of State Fourthly That as they have a Congregation of Cardinals at Rome for adjorning the Popes authority in England so have they a Nuncio here to the execution thereof Innovations of Religion introduced First Maintenance of Popish Tenets in books Sermons and disputations Secondly practice of Popish Ceremonies and countenanced and enjoyned as Altars Images Curcifixes bowings He comparing these to the day bones in Ezekiel which first came together then sinews and flesh came upon them afterwards the skin covered them and then breath and life was put into them so first the form then the spirit and life of Popery Thirdly Preferment of persons Popishly affected Fourthly of discouragment of Protestants by over riged prosecutions of the scrupulous for things indifferent no vice made so great as Inconformity by punishing without Law for not reading the book sunday recreations for not removing the Communion Table otherwise not comming to the Railes to receive the Communion for preaching on the Lords day after noon for catechising otherwise than as in the short Catechisme in the Commonprayer-book Fiftly And last was the Incroahment of Ecclesiastical Iurisdiction particularly First In sining and Imprisoning without Law Secondly Challenging their Iurisdiction to be appropriate to their Order jure divâ—no Thirdly contriving and publishing new Articles of visitation in force as of Canons the boldness of Bishops and all their subordinate Officers and officiats The third part of Grievances In which descoverie He observed rather the order of time when they were acted than of the consequenâ—e but when he comes after to the cure then he will perswade to begin with the most Important and first Tunnage and Poundags and the late new book of Rates taken by prerogative without grant of Paâ—liament from whence these Inconveniences follow First Mens gâ—ods are seized their suits in Law stopped Secondly Misimployments of the sums of money imposed intended for the guard of the Sea are dispersed to other uses and a new tax raised for the samâ— purpose Thirdly The burthens excessive trade hindered home Commodities abased and foraign inhaunsed by which means the stock of the Kingdome diminished especially insupportable to the poor Planters in America by the Tax upon Tobacco The Fourth general grievance Composition for Knighhood which though it refers to a former custome yet upon the same grounds the King may renew it by new sine immoderate Multiplication of distress and Issues and enforced to compound with the Commissioners Inundation of Monopolie by the soap Patent undertaken by Papists full of mischief First By Impairing the goodness and Inhaunsing the price of of Salt Soap Beer Coles Secondly under colour of which Trade was restrained to a few hands Thirdly and many illegally Imprisoned The great and unparallel grievance of ship-mony being aggravated not suspected by the Iudgment which is not grounded upon Law Custome President or Authority It being improper for a case of necessity in abounding vanity of mischiefs as First The general extent to all persons all times and the subject left remediless Secondly the arbitrary proportion without limits Thirdly Imposed by writ and disposed by instructions Improper for the office of a Sheriffe in the Inland Countries and inconvenient for the Inhabitants without rule or sutable means for the levying or mannaging of it The Inlargment of forrest beyond the bounds of the Statutes the seven and twentieth and eight and twentieth Edward 1. which perambulations then were the cause after of that famous Charter Charta de foresta and now reviving these old questions new distempers may follow the particular obliquities he numbred thus First Surreptitious proceedings as in Essex yet that verdict was inforced in other Counties and a Iudgment upon the matter after three or four hundred years quiet possession of the subject enforced to compound for great sines The selling of nusances The King as a father of the Common-wealth is to take care of the publique Commodities and advantages of the Subjects as Rivers High-waies Common-sewers by ordinary writs ad quod damnum but now by a course extrajudicial by
enforcing compositions so then if a Nusance compounded for 't is a hurt to the People if no Nusance then it is used to the parties prejudice The Commission for Buildings about London was presented as a Grievance in the time of King James now much more increased and more prejudicial The Commission for Depopulations began some few years since by both these Commissions the Subject is restraâ—red from disposing of his own demolishing their houses punishing and fining their persons so that they are still liable by Law for the King cannot licence a Nusance and although these are not Nusances yet it is an ill consequence to be compounded for and to make a President for Kings to licence such things as are Nusances indeed Military charges ought not to be laid upon the people by Warrant of the Kings hand nor by Letters of the Council-table nor by Order of the Lords Lieutenants of Counties nor their Deputies It began to be practised as a Loan for supply of Cote and Conduct-money in Queen Elizabeths time with promise to be repaid it as appears by a constant Warrant in the Exchequer and certain payments but now adays never repaid The first particular brought into a Tax was the Muster-masters Wages which being but for small Sums was generally digested yet in the last Parliament it was designed to be remedied but now there follows Pressing of Men against their wills or to finde others Secondly Provisions for publick Magazines for Pouder Spades and Pickaxes Thirdly Salary of Officers Cart-horse and Carts and such like The Extrajudicial Declarations of Judges without hearing of Council or Argument a seeming Grievance of many others Monopolies countenanced by the Council-table and the clause in their Patents of Monopoly commanding the Justices of Peace to assist them whereby the great ability of the Council receive a stain by such matters of so mean a report in the estimation of Law so ill in the apprehension of the people The High Court of Star-chamber called in the Parliament Rolls Magnâ—â— Concilium to which the Parliaments were wont to refer such matters as they had not time to determine A Court erected against Oppression A Court of Counsel and a Court of Iustice now an Instrument of erecting and defending Monopolies to set a face of publick good upon things pernicious Soap Ship-money c. This great and most eminent power of the King Edicts Proclamations called Leges temporis used heretofore to encounter with sudden and unexpected danger till the great Council of the Kingdom could be called hath of late been exercised for enjoying and maintaining Monopolies But the last and greatest Grievance lead him to step higher even as high as Heaven as high as the Throne of God his Word and Truth The ambitious and corrupt Clergy preaching down the Laws of God and Liberties of the Kingdom pretending Divine Authority and absolute power in the King to do what he will with us and this preaching is the high way to preferment as one Manwaring sentenced the last Parliament then a Doctor now a Bishop preferred for his Doctrines The Intermission of Parliaments contrary to the Statute to be called once a year the main cause therefore of all mischiefs to which Parliaments give remedy That these Grievances are hurtfull to the King as to the Subjects By interrupting their communion they have need of his general pardon and to be secured from Projectors and Informers to be freed from absolute Laws and from the subtil Devices of such who seek to restrain the Prerogative to their own private advantage and to the publick hurt And the King hath need of them for counsel and support Queen Elizabeths victorious Attempts were for the greatest part made upon the Subjects purses and not upon hers though the honour and profit was hers That these Discontents diminish the Kings reputation abroad and disadvantage his Treaties and weaken his party beyond Seas by encouraging Popery by forcing the Subjects to leave the Kingdom to the prejudice of the Kings Customs and Subsidies of divers Clothiers forced away who set up their Manufacture abroad to the hurt of the Kingdome The King hath received upon the Monopoly of Wines thirty thousand pounds Rent per annum the Vintner pays fourty shillings a Tun which comes to ninety thousand pounds the price upon the Subject by Retail is increased two pence a Quart which comes to eight pounds a Tun and for fourty five thousand Tun brought in yearly amounts to three hundred and sixty thousand pounds which is three hundred and thirty thousand pounds loss to the Kingdom above the Kings Rent Now the Remedies and removing these Grievances consists of two main Branches in declaring the Law where it is doubtfull and in provision for the execution of the Law where it was clear but these he referred to a further time but for the present he advised speedily to desire a Conference with the Lords and always to humble themselves to Gods assistance c. The Lord Digby excusing his County Dorset for whom he served not that they needed Complaints because without Petition or want of a Servant to present them boldly and therefore have intrusted those to him which he ranged into six Ranks 1. Ship-money 2. Levying of Souldiers 3. Monopolies 4. The new Canon-oath 5. Imposed upon all Ministers illegally 6. Requiring a Benevolence under penalty of Suspension Excommunication and Deprivation Thus much from them that sent him but begins from himself that sits there to have privilege and freedom of speech or to what end to speak at all where he said no more than had been told them often before somewhat too smart upon the Bishops concerning the Acts of their New Synode made of an old Convocation to presume to grant a Benevolence to the King a Malevolence in those against the Parliament and a Malevolence in the Refusers against the Bishops with a penalty of no less loss than Heaven and Earth Heaven by Excommunication Earth by Deprivation and these without Redemption or Appeal And calls the Oath a Covenant against the King for Bishops as the Scots Covenant is against the King and Bishops and in that of the other so much worse than this He could tell them of his own Counties griefs but single Laments are hardly distinguishable in universal Groans It hath been excused That what Money Kings raise from Subjects were but as Vapours drawn up by the Sun to be distilled in fructifying Showres But the Metaphor holds out unhappily to them of late years What hath been violently exhausted from the Subject by violent Attractions hath been formed into Clouds but how To darken the Sun's lustre and to light upon the Land onely in Hail-stones and Mildews to batter our Liberties and blast our affections had not the latter been kept alive by our Sovereigns perpetual virtues which will ever preserve him in spight of evil Counsellours a sacred Object of Admiration and Love
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
besiege Marienbergh suddenly wheeled about upon Arras the capital City Against the Spanish power of the Cardinal Infanto the Duke of Lorain and six more Generals with thirty thousand men encamping upon Mount Saint Eloy besieging the Besiegers from any Provision But the great Convoy of Provisions advanced and Meilleray went to meet it with fifteen thousand men the Infanto was advised to make a Stand and fight it though it was guarded with twenty thousand men but he thought better to attach a Quarter and recovering a Fort whilest the Convoy arrived and relieved the French which dulled the Spaniards hopes and so Arras was forced to submit disproving the Proverb upon the Town-gate Quand les Francois prendront Arras Les souris prendront les Chats When the French shall Arras take The Mouse the Cat her prey shall make The loss of this Place animated the Portugueses to revolt from the Spanish yoke and to submit themselves to the right Heir Duke Iohn of Braganza as hereafter follows But indeed this year was exceeding fortunate to the French and glorious to their Cardinal Richelieu to whose prudence these Successes are ascribed And the one and twentieth of September was born to the French King his second Son called the Duke of Anjou for confirmation and succession to that Kingdom But Richelieu fore-apprehending what Storms might succeed sends fair Overtures to the Duke of Lorain at Bruxels to invite him from the Spaniard to Paris whither he comes received with an hundred and fifty Coaches and caressed at Court with all possible ways to cozen him which he perceiving comes to the discontented Princes of France who at Sedan contracted a small Body of an Army but to keep his word with the King returns to the Spaniard intending to remain till a general Peace The Count of Soissons of the Bloud royal having received many affronts at Court besides that at the Siege of Corby retires to Sedan with the Duke of Guise and there they publish a Manifest of their taking Arms for the Peace of Europe and the expulsion of him who fomented the publick Wars They make alliance with the Emperour and Cardinal Infanto and joyning Forces with General Lamboy they come to Battel where the brave Count was slain and the Duke Chatillon who lost it was pursued as far as Resel but the Cardinal Infanto very unhealthy left the Army to Don Francisco de Melo and retires to Bruxels and there dies a most beautifull Prince of body and yet more of the minde the Delight of Flanders which he left in extreme regret for his departure He dead Soissons killed and the Princes reconciled Richelieu continues his ambitious Enterprizes against the House of Austria with all extremity forming her ruine in his minde which he prosecuted with all the policies of the Pen and force of the Pikes But with what Grounds or Reasons a word would be spared The House of Austria was now opposed by France by favouring her Enemies and by open War and so declared in 1635. upon that score that she aims at universal Monarchy and is not true Catholick whilest we may examine from the designs of Charls 5. whose advantage upon his Competitour Francis of France forced him to renounce the hereditary Titles which Francis had upon some Provinces in the Low-countreys his many Victories in Italy Germany and Barbary crowned his Head with more Titles than benefit the Sovereignty of Utrick and Dutchy of Guelders he bought that of Millan he won by Arms with some pretence of Right had he been ambitious he would not have stripped himself invincible to all to chuse a private life His Son Philip must needs finde by the Wars of the Low-countreys that he could not live to see them ended and for what he enforced upon France declares it more through passion of Religion not for possession of that Kingdom for she never endeavoured to retain her Conquests in the North which might have been necessarily usefull and opened a passage to other seizures but restored such states purchased by quarrel as in Italy and elsewhere and so not able in some ages to reach to be universal But then if we consider upon what Branch of this Family to settle the Monarchy upon Germany the Emperour Charls could not endure to see the Imperial Crown upon his Brothers head rather upon his Sons and the Germans will never set it upon a Spaniard Indeed she acts by Interests onely to uphold her self much less to be universal Since this Philip the Emperours have manifested no excess and Philip the third was very quiet if jealousie of any it must fall upon Ferdinand the second or Philip the fourth The first of them had War with the Bohemians and the Prince Palatine just reasonable and necessary so to do the story we have passed he would have the three Episcopal Towns they were his due His Victories in Low Saxony were accidental upon the former War it was wisdom to re-establish his Authority there He remanded the Ecclestastical Lands as being sovereign Judg according to the Contract of Passavia the Lutherans thought it reason that what taxes her is pretended to be Hipocrisie which wise men conclude to be true prudence It is Interest Interest that makes her feared of her bordering Princes and Policy in him to stand by himself against their opposition See but the Treaty of Peace at Munster which discovers the Intentions of all the Princes Does not France restore to the Dukes of Savoy what she hath gotten by Arms of theirs and yet retains Lorain It is Interest for France to do the former to avoid the jealousies to the Princes of Italy of being too great in their correspondence must secure his Interest there against Spain But Lorain she gripes still being usefull for entrance into Germany the Princes there being divided into parties study not the restitution of their Neighbours Losses as those others do in Italy and for these Interests France and Spain are Enemies the Grounds not ancient It was about the imperial Crown and Jealousie of State which lasted till the death of Henry the second and then awakened under Henry the third by the Councel of the Hugonots and his brother the Duke of Alanzon suddainly made duke of Brabant Philip the second of Spain did the like of him by favouring the heads of the League to the diminution of his authority and the Hugonots party Henry the fourth took his revenge advanced the hatred alwaies contriving opposing and labouring to weaken this power which gave him jealousie and then it was that not only the Hugonots but the Catholiques began to hate that Nation nor did the Spaniards remain their debtors therein but that the hatred of the people is formed by that of State But Henry the fourths death and the Double mariage served for the present to stifle them but in vain for these two ambitious Nations the most potent have many pretentions but may not indure preheminence at all Stopping each
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
denied to some men lest he should seem not to dare to denie any thing and give too much encouragement to unreasonable demands or importunities But to binde my self to a general and implicite consent to what ever they shall desire or propound for such is one of their Propositions were such a latitude of blinde obedience as never was expected from any Free-man nor fit to be required of any man much less of a King by his own Subjects any of whom he may possibly exceed as much in wisdom as he doth in place and power This were as if Sampson should have consented not onely to binde his own hands and cut off his own hair but to put out his own eys that the Philistines might with the more safetie mock and abuse him which they chose rather to do than quite to destroy him when he was become so tame an object and fit occasion for their sport and scorn Certainly to exclude all power of denial seems an arrogancie least of all becoming those who pretend to make their Addresses in an humble and loyal way of petitioning who by that sufficiently confess their own inferioritie which obligeth them to rest if not satisfied yet quieted with such an Answer as the will and reason of their Superiour thinks fit to give who is acknowledged to have a freedom and power of Reason to consent or dissent else it were very foolish and absurd to ask what another having not libertie to denie neither hath power to grant But if this be my Right belonging to me in reason as a man and in honour as a Sovereign King as undoubtedly it doth how can it be other than extreme injurie to confine my Reason to a nâ—â—essitie of granting all they have a minde to ask whose mindes may be as differing from mine both in Reason and Honour as their Aims may be and their Qualities are which last God and the Laws have sufficiently distinguished making me their Sovereign and them my Subjects whose Propositions may soon prove violent oppositions if once they gain to be necessarie Impositions upon the Regal Authoritie Since no man seeks to limit and confine his King in Reason who hath not a secret Aim to share with him or usurp upon him in power and dominion But they would have me trust to their moderation and abandon mine own discretion that so I might verifie what representations some have made of me to the world that I am fitter to be their Pupil than their Prince Truly I am not so confident of mine own sufficiencie as not willingly to admit the counsel of others but yet I am not so diffident of my self as brutishly to submit to any mens dictates and at once to betray the Sovereigntie of Reason in my soul and the majestie of mine own Crown to any of my Subjects Least of all have I any ground of credulitie to induce me fully to submit to all the desires of those men who will not admit or do refuse and neglect to vindicate the freedom of their own and others sitting and voting in Parliament Besides all men that know them know this how young States-men the most part of these propounders are so that till experience of one seven years hath shewed me how well they can govern themselves and so much power as is wrested from me I should be very foolish indeed and unfaithfull in my Trust to put the Reins of both Reason and Government wholly out of mine own into their hands whose driving is already too much like Jehu's and whose forwardness to ascend the Throne of Supremacie portends more of Phaeton than of Phoebus God divert the Omen if it be his will They may remember that at best they sit in Parliament as my Subjects not my Superiours called to be my Counsellours not Dictatours their Summons extends to recommend their Advice not to command my Dutie When I first heard of Propositions to be sent me I expected either some good Laws which had been antiquated by the course of time or over-laid by the corruption of manners had been desired to a restauration of their vigour and due execution or some evil customes preter-legal and abuses personal had been to be removed or some injuries done by my self and others to the Common-weal were to be repaired or some equable offertures were to be tendred to me wherein the advantages of my Crown being considered by them might fairly induce mâ— to condescend to what tended to my Subjects good without any great diminution of my self whom Nature Law Reason and Religion binde me in the first place to preserve without which 't is impossible to preserve my people according to my place Or at least I looked for such moderate desires of due Reformation of what was indeed amiss in Church and State as might still preserve the foundation and essentials of Government in both not shake and quite over-throw either of them without any regard to the Laws in force the wisdom and pietie of former Parliaments the antient and universal practice of Christian Churches the Rights and Privileges of particular men nor yet any thing offered in lieu or in the room of what must be destroied which might at once teach the good end of the others institution and also supplie its pretended defects reform its abuses and satisfie sober and wise men not with soft and specious words pretending zeal and special pietie but with pregnant and solid Reasons both divine and humane which might justifie the abruptness and necessitie of such vast alterations But in all their Propositions I can observe little of these kindes or to these ends nothing of any Laws dis-jointed which are to be restored of any right invaded of any justice to be un-obstructed of any compensations to be made of any impartial Reformation to be granted to all or any of which Reason Religion true policie or any other humane motives might induce me But as to the main matters propounded by them at any time in which is either great noveltie or difficultie I perceive that what were formerly looked upon as Factions in the State and Schisms in the Church and so punishable by the Laws have now the confidence by vulgar clamours and assistance chiefly to demand not onely Tolerations of themselves in their vanitie noveltie and confusion but also Abolition of the Laws against them and a total extirpation of that Government whose Rights they have a minde to invade This as to the main other Propositions are for the most part but as waste paper in which those are wrapped up to present them somewhat more handsomly Nor do I so much wonder at the varietie and horrible noveltie of some Propositions there being nothing so monstrous which some fancies are not prone to long for This casts me into not an Admiration but an Extasie how such things should have the fortune to be propounded in the name of the two Houses of the Parliament of England among whom I am very confident there was not
Prerogative Sovereigntie and power in the King that other preteâ—ding to justifie privileges and Right of Parliament and Subjects freedom During the Kings preparations in the North the Parliamentarie attempted to put themselves in a posture of War which they called A Necessity of Defence And because the Ordinance of Militia was the first ground of Difference in shew between the King and them they desiring it which he would not intrust out of himself the Rent being thereby once made a greater necessitie impleaded the execution of that power Sundry Commissions issued out from either partie to divers Commissioners Lord Lieutenants of several Counties And by the Parliament many Companies were raised and called The Militia Bands a militarie pomp and appearance of braverie well affected to them and near at home The Commission of Aray for the King was commanded and commended to such other of his partie as were loyal to him but hazzarding it to the multitude found not in some places the like wished for effect especially far off in the mid-land Counties where the Lord Say had command for the Parliament and the Lord Chandos for the â—ing he was enforced to flie to Court and to leave his house and furniture at Sudeley Castle in Glocestershire to the furie of the people delighting in a coâ—tumelious revenge and rustick triumph of the ignoble communalâ—ie in whom not always the deep sense of their own interests doth purchase this extasie of passion but a very turning of the fancie sets them into an hurrie Their insolenâ—ies now appear intolerable by reason of their former usual restraint which they now usurping pretend freedom to do what they list and they were gained to the Parliament upon that blinde account which since hath proved to them the more slavish though for that present producing wondrous effects to that partie by self-ingagement of the common people which the Parliament knew how to promote and to execute thereafter to their own ends Most men did undoubtedly believe greater hopes of Libertie from the Parliament than from the King who called it Licentioâ—sness and this of the Kings Sovereigntie the Commons intituled to Tyrannie The Gentrie for the most part render themselves rather Subjects to Princes the better to rule over the Commons their vassals The Communaltâ—â— consisting chiefly of Yeomen Farmers petâ—y Freeholders and others men of manufacture bred up sparingly but living in plentie such as these always thwart the Gentrie by whom they subsist Persons of birth and breeding more jovial and more delicate neglecting a confined condition endeavour rather to hazzard what they have by aiming at the height of fortune unto which their noble Extraction wit and learning doth incite and stir them up This was not all the difference Religion diversly professed had a main interest The eternal Truth unchangeable bindes every soul to one Law perpetual and constant this therefore doth implead the necessitie of external privileges in the professour which though not to destroy the Kingdoms of the world nor to usurp a greater liberty than humane Laws will â—asily grant and hath in its nature an irreconcileable enmitie against arbitrarâ—e Government in such commands as they conceive not justly put upon them and out of which they are studious to free themselves when the felicitie of that time shall offer the means and as they thought it now a lawfull call by power of Parliament To their advantage there was raised a practical Ministerie captivating vulgar capacities to applie themselves more fitly to their own purposes for the present accounting all order and decencie in Church and State to be Innovations upon the Consciences and purses of the people and yet even the common natural Subject not thus deluded did come from the farthest parts to serve under their Sovereign by the light of loyaltie not to war against that Authoritie And yet after some strugling that the King had gotten a defensive Armie and his cause calling for some under-hand assistance of his neighbour Friends then the Parliament contract a League with the Scots pleasing them with the hopes of a through Scotish Presbyterian Reformation of Religion and to boot good entertainment for their beggarly Armie not without a solemn League by Oath and Covenant with them taken by both Nations they with Forces entred England won the prize got the King in their clutches and for a piece of money sold him to the Parliament to the death and execution of him and destruction of Church and State And so we return to our Historie Civil and Martial The King in a reasonable posture began to caress his people and first descends from York to the County of Nottingham and at Newark he summons the Gentlemen and Free-holders and tells them that their resolutions and affections to him and their Country for his defence and the Laws of the Land have been so notable that they have drawn him thither only to thank them that he goes to other places to confirm undeceive his Subjects but comes thither to encourage them That they have made the best judgment of happiness by relying on that Foundation which the experience of so many hundred years hath given proof viz. The assurance and securitie of the Law And let them be assured when Laws shall be altered by any other Authority than that by which they were made the Foundations are destroyed And though it seems at first but to take away his power it will quickly swallow all their interest He asketh nothing of them but to preserve their own affections to the Religion and Laws established he will justifie and protect those affections and will live and die with them in that quarrel The like caress he gives those of the County of Lincoln at Lincoln and intending to reduce his Town of Hull sends his Message to the Parliament with the Proclamation ensuing Iulie 11. That by his former Declarations and this his Proclamation they and all his good Subjects may see the just grounds of his present Journey towards Hull before he shall use force to reduce it to obedience and requires them that it may be forthwith delivered to him to which if they conform he will admit of their further Addresses from them and return such Propositions as may be for present peace and promises to them in the word of a King that nothing shall be wanting in him to redress the calamities threatening the Nation and expects their Answer at Beverley on Thursday next being the fifteenth of Iuly That the King having long complained of the affront done to his person by Sir Iohn Hotham when he went thither to view his Magazine at Hull which have been since carried away by Orders of Parliament and the Town kept and maintained against him and Votes and Orders in Parliament have justified the same that Hotham hath since fortified the Town drowned the Countrey thereabout and hath set out a Pinnace to Sea which hath seized and intercepted his Packet Pinnace with Letters of the Queen
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
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
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
according to the prescript of his word which hath long since been miserably convulst and disjoynted And this a National Synod duly called and freely debating will best effectuate To the King namely my Successor you will render full right if you restore those things which by the clear letter of the Law stands expressed Lastly you will put the people in their rights and due Liberties not by listing them in the consort of the Throne and sway of the Scepter but by recovering unto the Laws their Authority and the peoples observance to the abrogating of which by the enormous power of the Sword when as by no means I could be induced I was brought hither to undergoe a Martyrdom for my people So his last breath gently dissolving into a most meek prayer the Bishop of London promps him â—hat if his most excellent Majesty pleased he would openly profess what he thought touching his Religion not that any one alive could suspect it of which himself at all times throughout the whole space of his life had given manifest testimony but for custom and the peoples satisfaction Hereupon saies the King That he deposited the testimony of his faith with that holy man meaning the Bishop or else expected defence on this behalf of all men who well knew his Life and profession Namely That I dye saith he in the Christian faith according to the profession of the Church of England as the same was left me by my Father of most blessed memory Then looking about upon the Officers Having saies he a most gracious God and most just Cause that I shall by and by â—â—â—ange this corruptible Crown for an Immarcessible one I both trust and exult and that I shall depart hence into another Kingdom altogether exempt and free from all manner of disturbance Then preparing towards the Circumstances the Bishop put on his night-cap and unclothed him to his Sky-colour Satten Wastecoat He said I have a good Cause and a gracious God and gave his George Order to the Bishop bidding him remember to give it to the Prince There is but one Stage more Sir saies the Bishop this is turbulent and troublesome and but a short one but it will soon dismiss you to a way further even from Earth to Heaven there you are assured of joy and comfort I go saies the King from a Corruptible to an Incorruptible Crown where no disturbance can be but peace and joy for evermore Then lifting up his eyes and hands to Heaven mildly praying to himself he stooped down to the Block as to a Prayer Desk and most humbly bowed down his generous neck to God to be cut off by the vizarded Executioner which was suddenly done at one blow Thus fell Charles and thus all Britain with him Tuesday 30. of Ianuary about the minute of two a clock afternoon There are those persons who have seriously observed some passasages afterwards against the Corps which they stile barbarous in relation to his blood shed thereabouts nay to the Block and to the Sand distained therewith and to his Hair the ground whereof was 〈◊〉 those things were procured by the Royal party well-affected even for a price Certainly there were very many such that coveted any thing as a Relique which evidenced his Martyrdom as they esteemed it And to this day there are divers Devoters that affirm the effects of Cure by application of those things distained with his bloud we need not go farre to finde out the truth hereof if we take the Narrative of the Woman-patient at Dedford near the City of London being thereby cured of her blindness and many others of like infirmities His Head and Trunk was instantly put into a Coffin covered with black Velvet and conveyed into the Lodgings at Whitehall There it was imbowelled by Chirurgions of their own but a Physitian privately thrusting himself into the dissection of the body relates that Nature had designed him above the most of Mortal men for a long life And all sides manifested by those that beheld the admirable temperature almost all ad pondus of his body and mind Then they bear it to St. Iames's House and Coffin it there in Lead About a fortnight after some of the Kings Friends the greatest of Nobility and Honour the Duke of Lenox Marquess of Hartford the Earl of Southampton and the Bishop of London begged the Body to bury it which they conducted to Windsor Chappel Royal and interred it there in the Vault of King Henry the eighth having only this Inscription upon the Coffin Charls King of England From the Bishop of London long time kept Prisoner they take away all the Kings Papers ransack his Coffers and clothes for Scripts and Scroles but Almighty God in his providence hath preserved a Volume of the Kings own a Posthume work of which if any man or Broughton shall impartially weigh the matter the Elegancy of the Stile the nerves of Reason the ardour of Piety even envy it self will confess he deserved the Kingdom amongst Writers and though his own is wrested from him the mercy of his Lord and Saviour hath given 〈◊〉 Crown of Erernal Glory He was a King worthy to be numbred amongst the best of Princes in al-beading ages a strength of will but of more and greater Endowments of vertue of a most strict temperature in the natural disposition of flesh and blood and by the effects of Divine grace the most exact observer of Conjugal Rites and therein for his continency much admired His personage comely of an even well timber'd tallness which assisted him to be excellent in all exercises and therein to be indefatigable for the minde or body None of the Kings no not one not of Britain only but also all as many as any where sat on Throne ever left the world with more sorrow for his his luck women miscarried men fell into melancholly some with Consternations expired men women and children then and yet unborn suffering in him and for him The Pulpit places of all Sects and Opinions lamented even the same men in vain bewailing the losse of him whom they strove heretofore who should first undoe now they extoll and compare to Iob for patience to David for piety to Solomon for prudence most worthy he was of Government if otherwise it had not been his due to Govern herein he performed that great piece to Act one man in every place with the same Tenor of Vertue and condition The same Mean in the most different fortunes without any mutation of the temperature of the mind He addulced as with Charms his Enemies to be made his adorers Reproaches he converted into Praises He in a word excelled in goodness of whom this world was not worthy and therefore the Heavens have him there He had his failings of perfection in the first years of his Reign not so well versed in the affairs of State but that he being put to it trusted too much to others
February had required the Arch-bishop of Armagh lately come into England to give them his Directions concerning the Liturgy and Episcopal Government whose Answer was thus The Bishop of Armagh's Direction to the Parliament concerning the Liturgy and Episcopal Government being thereunto required by them Febr. 1640. To satisfie you Demands both concerning the Liturgie and Episcopal Government First for the Book of Common Prayer it may be alleged First that God himself appointed in the Law a set Form of Benediction Numb 6. 23 24 25 26. Secondly that David appointed set Psalms to be sung upon especial occasions as the Title to each of them sheweth Thirdly that the Prophet Joel appointed a third Form of Prayers to be used by the Priests at a solemn feast Joel chap. 2. verse 15. 17. Fourthly That Christ not only commands us to pray after such a manner Mat. 6. 9. but to use a set form of words Luke 11 2. when you pray say Our father c. Fiftly the spirit of God is no more restrained by using a set form of Prayer then by singing set hymns or Psalms in Meeter which yet the adversaries of our Common-prayer Practise in their Assemblies Sixtly of All Prayers premeditated are the best Eccle. 5. 30. of Premeditated Prayers those which are allowed by publique Authority are to be preferred above those which are uttered by any private Spirit Seventhly All the Churches in the Christian world in the first and best times had their set formes of Liturgie whereof most are extant in the writings of the Fathers to this day Eightly Let our Service-book be compared to the French Dutch or any other Liturgies prescribed in any of the former Churches and it will appear to any indifferent reader that it is more exact and compleat then any of them Ninethly Our Service-book was penned and allowed of not onely by many Learned Doctors but glorious Martyrs who sealed the truth of the Reformed Religion with their Blood Yet it cannot be denied that there are quaedam in pulchro Corpore mendae And it were to be wished so it be done without much noyse First That the Calendar in part might be reformed and the Lessons taken out of the Apocrypha might be struck out and other Lessons taken out of the Canonical-Scriptures appointed to be read in the place of them for besides that there is no necessity of reading any of the Apocrypha there are in some of the Chapters set in the Index passages repugnant to the doctrine of holy-scriptures as namely in some Chapters of Tobit Secondly that in the Psalms Epistle and Gospels and all sentences alledged out of holy-scripture the last translating of King James Bible may be followed for in the former there be many passages not agreeable to the Original as may be proved by many instances Thirdly That in the Rubrick where of late the word Priest hath been put instead of the word Minister it may be expunged and the word Minister restored which is less offensive and more agreeable to the language of all Reformed Churches And likewise that some clauses which seem to have surreptitiously crept into it to be expunged as namely after the Communion every Minister shall Communicate and shall so receive the Sacraments and other rites according to the order in this Book appointed which words can carry no good sence in a Protestants eare nor those after Private baptism that it is certain by Gods word that Children being baptized have all things necessary for their salvation and be undoubtedly saved Fourthly that in the Hymns instead of the song of the three-Children some other word might be placed out of the Canonical scriptures and that a fitter Psalm were chosen at the Churching of a woman for those verses he will not suffer thy foot to be moved and the Sun shall not burn thee by day nor the moon by night seem not very pertinent Fiftly that in the Pravers and Collects some expressions were better as where it is said Almighty God which only worketh great wonders send down upon our Bishops c. And let thy great mercy loose them for the honour of Jesus Christ his sake and from fornication and all other deadly sins and the like Sixtly That in the singing Psalms either the lame rythms or the superfluous words as I say's and for why's And homely phrases as thou shalt feed them with brown bread and take thy hand out of thy lap and give thy foes a rap and mend this geer and the like may be corrected or at least a better translation of the Psalms in meeter appointed in place of this old Secondly for Episcopal-government it may be alleged First That in the old-law the Priests were above the Levites Secondly that in the Gospel the Apostles were above the Seventy Disciples Thirdly That in the subscriptions of St. Paules Epistles which are part of the Canonical Scripture it is said that Timotheus was ordained the first Bishop of the Church of the Ephesians Fourthly That Episcopal ordination and Jurisdiction hath express warrant in holy Scripture as namely Titus 1. 5. for this cause left I thee in Crete that thou shouldest set in order the things that are wanting and ordain Elders that is Ministers in every City and of Tim. 5. 22. Lay hands suddenly on no man and 5. 19. Against an Elder or Minister receive not an accusation but before two or three witnesses Fiftly The Angels of whom the Epistles were indorsed the unanimous consent of all the best Interpreters both ancient and latter expound it to be the Bishops of those Cities Sixtly Eusebius and other Ecclesiastical writers affirm none contradicting them that the Apostles themselves chose James Bishop of Jerusalem and that in all their Apostolical Seats succeeded Bishops which continued in all the Christian world and no other Government heard of in the Church for fifteen hundred years and more then by Bishops and the Canons of Councels both General and Provincial which consisted of Bishops Seventhly That so many acts of Parliament and Laws of the Kingdome and Statutes of Colleges of both Universities have relation to Bishops that the removing of them especially there haveing been never any other Government setled in this Kingdome will breed an Infinite confusion and no Reformation but rather a deformation in the Church yet it were to be wished that in something our Government might be reduced into the constitutions and practice of the Primitive Church especially in these particulars First that Bishops did ordinarily Preach either in the Metropolitan Church or in the Parochial-Churches in their visitations Secondly That they might not Ordain any Minister without the consent of three or four at the least grave Pastors Thirdly That they might not suspend ab officio et beneficio at their pleasures by their sole authority and only with a necessary consent of some assistance and that for such causes and crimes only as the antient Canons or the Laws of this Kingdome appoint Fourthly that none might be
Excommunicated but by the Bishop himself with the consent of the Pastor in whose Parish the Delinquent liveth and that for Heinous Scandalous Crimes joyned with obstinacie and wilful contempt of the Churches authority and that for non appearance upon ordinary citations some other punishment might be inflicted and that appointed by Law Fiftly That Bishops might not demand benevolence for the Clergie nor exact allowance for their diet in their visitations nor suffer their servants to exact undue fees in Ordinations and institutions Lastly That Bishops Chancellors and officials may be subject to the Censures of the principal Synods and Convocations But of the Original of Episcopacie take a cleer view of Doctor Reynalds his judgement and the Arch Bishop of Armagh confirmation thereof and here abreviated referring the Reader to the Book it self and his Annotations for his Authority printed this year 1641. When Elders were ordained so the doctor by the Apostles in every Church through every City to feed the flock of Christ whereof the Holy Ghost had then overseers they the better to perform that duty did Assemble and chose one amongst them President and Moderator As at Ephesus though sundry Elders and Pastors yet but one chief whom our Saviour calls the Angel of the Church and whom the primitâ—ve fathers of the Church call Bishops for as Minister the common name to all who serve in the steward-ship of the Ministers of God is now by custome restrained to the name Elders who are under a Bishop so the name Bishop common to all Elders and Pastors was by the language of the Fathers apppropriated to him who was President over Elders Thus are certain Elders reproved by Cyprian for receiving to the communion them who had fallen in time of persecution before the Bishop had advised of it with them and others And Cornelius writeth that the Catholique Church committed to his charge had fourty six Elders and ought to have but one Bishop And both of them being Bishops the one of Rome the other of Carthage do witness of themselves that they dealt in matters of the Churches Government by the consent and councel of the company of Elders or Eldership This was that Doctors opinion which the Arch Bishop of Armagh confirmes with these notes of Antiquity That the Angel of the Church of Ephesus was by the fathers called Bishop is cleerly confirmed both by the succession of the first Bishop of that Church and by the Testimony of Ignatius who within twelve years after distinguisheth the singular and constant President thereof from the rest of the number of the Presbyters by appropriating the name of Bishops unto him The former is declared in the general councel of Calcedon by Lecutius Bishop of Magnesia That from Timothy there had been a continued succession of twenty seven Bishops all ordained in Ephesus of which number the Angel of Ephesus must needs be one whether it were Timothy or one of his next successors That Timothy had been Antistes as Iustin Martyr calls him and the father term a Bishop or President is confessed by Beza And that he was the first Bishop of Ephesus as in the second Epistle to Timothy and in Eusebius but also in two ancient Treatises concerning Timothies Martyrdome the one of them nameless the other named Policrates who was himself Bishop of this Church of Ephesus and born within thirty seven years after St. Iohn had written the said Epistle to the Angel of that Church and in his Epistle to Victor Bishop of Rome he maketh mention of seven kinsmen of his who had been Bishops he himself being the Eight That Ignatius was ordained Bishop of Antioch by St. Peter and did sit in that sea at the same time when that Epistle unto the Angel of the Church of Ephesus was commanded to be written And in the last journey which Ignatius made for the consummation of his glorious Martyrdome at Rome he wrote another Epistle unto the self same Church of Ephesus in which he maketh mention of their then Bishop Onesimus in this Epistle to the Ephesians Ignatius having acknowledged that their numerous multitude was received by him in the presence of their Bishop Onesimus puts them in mind of their duty in concurring with him as their worthy Presbyters did and exhorteth them to obey both the Bishop and the the Presbytery with a undivided mind In that journey Ignatius wrote another Epistle unto the Church of Smyrna one other of the seven in St. Iohns Revelation saluting their Bishops and Presbyters exhorting them to follow their Bishop as Christ Jesus did his Father and the Presbyters by the Apostles and tells them that none ought to administer the Sacraments or meddle with the Church without consent of the Bishop That Polycarpus was then the Bishop when Saint Iohn wrote unto the Angel of the Church of Smyrna as Irenaeus informs who was present when Polycarpus himself did discourse of his conversation with Saint Iohn and of those things which he heard from those who had seen our Lord Iesus Polycarpus says Irenaeus was not onely taught by the Apostle conversed with many that had seen Christ but also was by the Apostles and constituted in Asia Bishop of the Church which is in Smyrna whom we our selves also did see in our younger age for he continued long and being very aged he most gloriously and nobly suffered Martyrdom And he of whom the Brethren gave this respect He was say they the most honourable man in our times an Apostolical and Prophetical Doctour and Bishop of the Catholick Church which is in Smyrna Polycrates Bishop of Ephesus and his Neighbour affirms that Polyâ—arpus was both Bishop and Martyr in Smyrna About the time of Polyâ—rates it was that Tertullian published his Book of Prescriptions against Hereticks where he avoucheth against them that as the church of Smyrna had Polycarpus placed there by Saint John and the Church of Rome had Clement ordained by Saint Peter so the rest of the Churches did shew what Bishops they had received by the appointment of the Apostles to traduce the Apostolical seed unto them And before him did Irenaeus urge against them the Succession of Bishops unto whom the Apostles committed the charge of the Church in every place and we are able to number those who were ordained Bishops for the Churches and their Successours unto our days â—For proof whereof Irenaeus brings in the Succession of the Bishops of Rome from Linus unto whom the Apostles committed that Episcopacy and Anacletus and Clement unto Eleutherius In the time of Eleutherius Bishop of Rome Lucius King of Brittains sent to him an Epistle desiring to be made a Christian who obtained it and that the Brittains kept the Faith then received sound and undefiled in quiet peace untill the times of Dioclesian the Emperour and that yet within ten years after and eleven before the Council of Nice three of our Brittish Bishops subâ—cribed unto the Council of Arles they were Eborius