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
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
at last The King in the head of his Army between Stafford and Wellington after the reading of his Orders military himself tells them Gentlemen I shall be very severe in punishing every person offending without distinction He cannot suspect their courage and resolution their conscience and loyaltie having brought them hither for their Religion their King and the Laws of the Land against their Enemies none but Traitors most of them Brownists Anabaptists and Atheists such as desire to destroy both Church and State and who have already condemned you to ruine for being loyal to him And makes this Protestation I do promise in the presence of Almightie God and as I hope for his blessing and protection that I will to the utmost of my power defend and maintain the true Reformed Protestant Religion established in the Church of England and by the grace of God in the same will live and die I desire to govern by the known Laws of the Land and that the Liberty and Propriety of the Subject may be by them preserved with the same care as mine own just Rights And if it please God by his blessing upon this Armie raised for my necessarie Defence to preserve me from this Rebellion I do solemnly and faithfully promise in the sight of God to maintain the just Privilege and Freedom of Parliament and to govern by the known Laws of the Land to my utmost power and particularly to observe inviolably the Laws consented unto by me this Parliament In the mean while if this time of War and the great necessitie and straits I am now driven unto beget any violation of these I hope it shall be imputed by God and Man to the Authours of this War and not to me who have so earnestly laboured for the peace of this Kingdom When I willingly fail in these particulars I will expect no Aid or Relief from any man or protection from Heaven But in this resolution I hope for the chearful assistance of all good men and am confident of Gods blessing Septemb. 19. And that the several Armies might not over-start each other the Parl. declares That all their Foot and Horse in London and all parts in England shall within eight and fourty hours march to their General the Earl of Essex for defence of the King and Kingdom the Privilege of Parliament and Liberty of the Subjects and such Regiments as are not four hundred and Troops not fourty shall be cashiered and disposed to recruit others excepting the Regiments of Colonel Essex and Ballard being in the States service Sept. 23. And order that Delinquents houses shall be preserved as houses of the Common-wealth for publick service or Prisons And because the Earl of Essex may be assured upon what Basis he is called to be their General they sent to him the Parliaments Petition to the King to be presented by him which tells his Majesty That his loyal Subjects the Lords and Commons in Parliament can not without tenderness of compassion behold the pressing calamities of England and Ireland by the practices of a prevailing partie with his Majestie to alter true Religion the ancient Government of this Kingdom introducing superstition in the Church and confusion in the State exciting incouraging and fostering the Rebellion in Ireland and as there so here begin the like Massacre by drawing on a War against the Parliament leading his Person against them as if by conquest to establish an unlimited power over the people seeking to bring over the Rebells of Ireland to joyn with them and all these evil Counsellours are defended and protected by him against the justice of Parliament who have for their just defence of Religion the King Crown and Dignitie of the Laws Liberties and power of Parliament taken up Arms and authorized the Earl of Essex their Captain General against these Rebells and Traitors And pray the King to with-draw his person and leave them to be supprest by this power and to return to his Parliament and that they will receive him with honour yield him obedience secure his person and establish him and his people with all the blessings of a glorious and happie Reign I cannot finde that this Petition was presented but I am assured that the General Essex twice sent to the King for a safe Conduct for those who should be imployed therein and it was refused they say to be received that humble and dutifull Petition as they stiled it 'T is strange for the King had never refused any Message or Petition from either or both Houses not onely with safety but candoâ—r when their Errand hath been full of reproach and scorn as the King says and the bringers bold arrogant seditious in their demeanour and therefore there needed to have been no more scruple in this But it was thus that the King being at Shrewsbury the Earl of Dorset receives a Letter from the Earl of Essex intimating that he had a Petition from both Houses to that purpose asking a safe Conduct for those that should be sent To whom the King answered That as he had never refused to receive any so he should be ready to give a fitting Reception and Answer to this and the Bringers of it should have safe Conduct excepting onely such persons as he had particularly accused of high Treason A fortnight after comes a second Letter to Dorset declaring That the Kings former Answer was voted a Breach of Privilege This second Answer differing but little from the former insisting That the Address should not be made by any whom he had accused of high Treason amongst whom the Earl of Essex was one but that his Ear should be ever open to hear any Petition from his Parliament Indeed the Petition was framed more fit to be delivered after a Battel and full Conquest of the King than in the Head of his Army thirty thousand men when it might seem somewhat in his power whether he would be deposed or no. For we finde the King in Wales caressing the Inhabitants of Denbigh and Flintshire Septemb. 27. And tells them That he is willing to take all occasions to visit all his good Subjects and hath cause to reckon them for their loyaltie expressed in their late Levies sent to him at their own charges against such a Malignant partie whose Designs are to destroy him his Crown Laws and Government of Church and State raising Tumults at London to drive from thence him and the greatest part of the Members of Parliament He is robbed of his Towns Forts Castles Goods Navie Revenue and at this time a powerfull Armie marching against him and among a thousand Scandals they have cast upon him the impious Rebellion in Ireland which he abhors and hath endeavoured by all possible ways and means to suppress but is obstructed by them And refers the naming of these Contrivers and their particular actions to his Declaration of the twelfth of August being supprest by them as all other his Protestations and
hath over them who knows them to be exposed to as many dangers being the greatest Patrons of Law Justice Order and Religion on earth as there be either men or Devils which love confusion Nor will he suffer those men long to prosper in their Babel who build it with the bones and cement it with the bloud of their Kings I am confident they will finde Avengers of my death among themselves the injuries I have susteined from them shall be first punished by them who agreed in nothing so much as in opposing me Their impatience to bear the loud cry of my bloud shall make them think no way better to expiate it then by shedding theirs who with them most thirsted after mine The sad confusions following my destruction are already presaged and confirmed to Me by those I have lived to see since my troubles in which God alone who only could hath many waies pleaded my cause not suffering them to go unpunished whose confederacie in sin was their only security who have cause to 〈◊〉 that God will both further divide and by mutual vengeance afâ—â—â—ward destroy them My greatest conquest of death is from the power and love of Christ who hath swallowed up death in the victory of his Resurrection and the glory of his Ascension My next comfort is that he gives me not only the honour to imitate his example in suffering for righteousness-sake though obscured by the â—oulest charges of Tyranny and Injustice but also that charity which is the noblest revenge upon and victory over my Destroyers by which I thank God I can both forgive them and pray for them that God would not impute my bloud to them further then to convince them what need they have of Christs bloud to wash their souls from the guilt of shedding mine At present the will of my enemies seems to be their only rule their power the measure and their success the exactor of what they please to call Justice while they flatter themselves with the Fancy of their own safety by my danger and the security of their lives and designs by my death forgetting that as the greatest temptations to sin are wrapped up in seeming prosperities so the severest vengeances of God are then most accomplished when men are suffered to complete their wicked purposes I bless God I pray not so much that this bitter cup of a violent death may pass from me as that of his wrath may pass from all those whose hands by deserting me are sprinkled or by acting and consenting to my death are embrewed with my bloud The will of God hath confined and concluded mine I shall have the pleasure of dying without any pleasure of desired vengeance This I think becomes a Christian toward his enemies and a King toward his Subjects They cannot deprive me of more then I am content to lose when God sees fit by their hands to take it from me whose mercy I believe will more then infinitely recompense what ever by mans injustice he is pleased to deprive me of The glory attending my death will far surpass all I could enjoy or conceive in life I shall not want the heavy and envied Crowns of this world when my God hath mercifully crowned and consummated his graces with glory and exchanged the shadows of my earthly Kingdoms among men for the substance of that heavenly Kingdom with himself For the censures of the world I know the sharp and necessary Tyranny of my destroyers will sufficiently confute the Calumnies of Tyranny against me I am perswaded I am happy in the judicious love of the ablest and best of my Subjects who doe not only pitty and pray for me but would be content even to dye with me or for me These know how to excuse my failings as a man and yet to retain and pay their duty to me as their King there being no Religious necessity binding any Subjects by pretending to punish infinitely to exceed the faults and errors of their Princes especially there where more then sufficient satisfaction hath been made to the publick the enjoynment of which private ambitions have hitherto frustrated Others I believe oâ—â—ofter tempers and less advantaged by my ruine do already feel sharp convictions and some remorse in their consciences where they cannot but see the proportions of their evil dealings against me in the measure of Gods retaliations upon them who cannot hope long to enjoy their own thumbs and toes having under pretence of pairing others nailes been so cruel as to cut off their chiefest strength The punishment of the more insolent and obstinate may be like that of Korah and his complices at once mutining against both Prince and Priest in such a method of divine justice as is not ordinary the earth of the lowest and meanest people opening upon them and swallowing them up in a just disdain of their ill-gotten and worse used Authority upon whose support and strength they chiefly depended for their building and establishing their designs against me the Church and State My chiefest comfort in death consists in my peace which I trust is made with God before whose exact Tribunal I shall not fear to appear as to the cause so long disputed by the Sword between me and my causeless enemies where I doubt not but his righteous judgment will confute their fallacy who from wordly success rather like Sophisters then sound Christians draw those popular conclusions for Gods approbation of their actions whose wise providence we know oft permits many events which his revealed word the only clear safe and fixed Rule of good actions and good consciences in no sort approves I am confident the Justice of my Cause and clearness of my conscience before God and towards my people will carry me as much above them in Gods decision as their successes have lifted them above me in the vulgar opinion who consider not that many times those undertakings of men are lifted up to Heaven in the prosperiry and applause of the world whose rise is from Hell as to the injuriousness and oppression of the design The prosperous windes which oft fill the sails of Pirats do not justifie their Piracie and rapine I look upon it with infinite more content and quiet of soul to have been worsted in my enforced contestation for and vindication of the Laws of the Land the freedom and honour of Parliaments the Rights of my Crown the just liberty of my Subjects and the true Christian Religion in its Doctrine Government and due encouragements then if I had with the greatest advantages of success over-born them all as some men have now evidently done what ever designs they at first pretended The prayers and patience of my friends and loving Subjects will contribute much to the sweetning of this bitter Cup which I doubt not but I shall more chearfully take and drink as from Gods hand if it must be so then they can give it to me whose hands are unjustly and barbarously lifted up against me And
an enterprize For those your donatives are all disburst to a penny and I am enforced to summon you hither to tell you that neither can the Army advance nor the Fleet set forth without further aid Consider I pray you the eyes of all Europe are defixt upon me to whom I shall appear ridiculous as though I were unable to outgo muster and ostentation if you now desert me Consider it is my first attempt wherein if I sustain a foyl it will blemish all my future honour If mine cannot let your own reputation move you deliver and expedite me fairly out of this war wherewith you have encombred let it never be said whereinto you have betrayed me I desire therefore your speedy supply speedy I call it for else it will prove no supply The Sun you know is entring into his declining point so it will be soon too late to set forth when it will be rather not too soon to return Again I must minde you of the mortality now regnant in this City which should it as so it may and no breach of priviledge neither arrest any one Member of either house it would soon put a period both to consultation and Session so that your own periâ—litation necessitates an early resolution In sum Three of the best Rhetoritians Honour Opportunity and Safety are all of a plot and plead you see for expedition Perhaps it may be expected I should say something in way of account of my Religion as also of the temper and tenour of my future Government But as I hope I have not been guilty of any thing which may justly start the least question in either so I desire you would repose in this assurance that I will in neither vary from those principles wherein I have been instituted at the feet of that eminent Gamaliel my late Father And ending his Speech he with his hand moved his Crown Not usual saies one with any his predecessors to vail it Nor did he but the massy Gold and precious stones gave him cause to ease his browes of that weight and of which he complained when he came home without any other observation then which yet hath begot so much comment now as to be called Calamitous Presages no less then a dozen in the Kings future Reign which we shall remember as we meet them in order hereafter and for the present examine the Note of Mr. Prins telling That the King on his day of Coronation was clothed in White contrary to the Custome of his Predecessors on that day clothed in purple the Regal colour of Kings the Robe of Majesty the other of Saints the Robe of innocency And to this as to the other a great plague had driven the greatest trades men out of the City and the Kings Mercer infected and fled No Purple Velvet to be had on the sodain and so the colour of his Robes was changed by Necessity yet to the better by his own observation But to the matter of the Kings Speech Money for a War with Spain upon the former score of Quarrel the Palatinate which ingaged King Iames in Justice and honour and so this King To a War is required a Iust Quarrel Wars are suits of Appeal to the Tribunal of Gods Justice where there are no Superiours on Earth to determine the Cause Yet do the Princes of this World endeavour to declare the reasons of their defiance to ballance with the opinions of a righteous cause England had at this time two just Grounds of War with Spain 1. The recovery of the Palatinate 2. A just fear of subversion of our Civil Estate I have no mind to mention the Third so usually pretended viz. Fear of subversion of our Religion for though the House of Commons the first Parliament of King Iames voted that for a reason to make a War upon Spain the King was so wise as not to involve into a quarrel against him upon that score lest he should be necessarily drawn into a defiance likewise with all the Roman Catholiques of Christendome and so that vote was dasht out of the Record by the Register But we shall take the two for granted That Just fears are indeed true Defensives as well as actual Invasions but offensive Wars for Religion King Iames was of opinion are never just Not to force the Conscience which Guides the Soul with the power of the Sword which is but humane and though he was by his Title Defensor â—idei if oppugned yet he was not thereby authorized to quarrel with another mans belief For the first Ground the concernment of the Palatinate as there was no color in that Prince Elector to accept of the Kingdom of Bohemia so no Justice in the house of Austria to retain the Palatinate from him For though an Elective Monarchy cannot be so free as anâ— Hereditary yet if yoâ—â—â—ke to boot the Customes transactions and privileges of that Kingdome of Bohemia It will appear as positive as Soveraigns Descendent But leaving that Title as disputable I shall not offer at it though I were able to master the Question And then the Quere will follow whether an Offensive War being made unjustly the Defendant may not by diversion invade and master the undubitable possession of the Aggressour who is now turned Defendant of his own Surely he may and enjoy the conquest lawfully and is not bound to restore it but by force which force is as lawfull to be done as the other The Spaniard in eighty eight invaded our Seas and designed it upon our Land also was not our expeditions thereupon against Lisbone and Cadiz a just war surely it was And truly King Iames held these Opinions which put him into Treaties for the Palatinate upon terms and conditions of a mariage with Prince Charles his Son and the Infanta of Spain wherein being some years deluded it was just in him to begin the way by force which he did as it is now for King Charles to endeavour the like regaining it for his Brother-in-law by a War which he now intends For Wars are Vindictae Revenges Reparations like to cross suits in civil pleas sometime both of them just And thus much for the Palatinate The Second Ground A just fear of subversion of our Civil Estate The overgrowing Greatness of any neighbour Nation is a necessity imposed upon anothers fear of violation which becomes defensive Christian Princes have a just invasive War against the Turk as a grand Enemy indeed not for cause of Religion no good ground for that but upon a just fear because the fundamental Law in that Empire is to propagate their Mahometan faith by any War So saies the Persian for his belief two opposite enemies upon that ground and the Christians are as well upon the Preventive as the Defensive War All men know the great endeavours of the Spanish Monarchy to aspire new Acquests and to be absolute The History of the Triumvirate Kings Henry the eighth of England Francis the first of
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
all retired to Bugden where he lived very Hospitably and in manner and order of the good Bishops not without an eye and ear over him of such as were Intelligencers of Court And at Westminster Hall the Ceremony begun towards the Abbey Church in order thus 1. The Aldermen of London by couples ushered by an Herauld 2. Eighty Knights of the Bath in their Robes each one having an Esquire to support and a Page to attend him 3. The Kings Serjeants at Law Solicitor Atturney Masters of Request and Iudges 4. Privy Councellors that were Knights and the chief Officers of the Kings Houshold 5. Barons of the Kingdome bare-headed in their Parliament Robes with Swords by their sides 6. The Bishops with Scarlet Gowns and Lawn sleeves bare-headed 7. The Vice-Counts and Earls not in their Parliament but in their Coronation Robes with coronetted Caps on their Heads 8. The Officers of State for the day whereof these are the Principal Sir Richard Winn Sir George Goring The Lord Privy Seal The Archbishop of Canterbury The Earl of Dorset carrying the first Sword The Earl of Essex carrying the second Sword The Earl of Kent carrying the third Sword The Earl of Mountgomery carrying the Spurs The Earl of Sussex carrying the Globe and Cross upon it The Bishop of London carrying the Golden Cup for the Communion The Bishop of Winchester carrying the Golden Plate for the Communion The Earl of Rutland carrying the Scepter The Marquess Hamilton carrying the Sword of State naked The Earl of Pembroke carrying the Crown The Lord Maior in a Crimson Velvet Gown carried a Short Scepter before the King amongst the Serjeants The Earl of Arundel as Earl Marshall of England and the Duke of Buckingham as Lord High Constable of England for that day went next before his Majesty The King entred at the West Gate of the Church under a rich Canopy carried by the Barons of the Cinque Ports His own Person supported by Doctor Neil Bishop of Durham on the one hand and Doctorâ— Lake Bishop of Bath and Wells on the other His train six yards long of Purpleâ—Velvet held up by the Lord Compton Master of the Robes and the Lord Viscount Doncaster Master of the Wardrobe Here he was met by the Prebends of Westminster Bishop Lawd supplying the Deans Place in their rich Copes who delivered into the Kings hands the Staff of King Edward the Confessor with which he walked up to the Throne Which was framed from the Quire to the Altar the King mounted upon it none under the degree of a Baron standing therein save only the Prebends of Westminster who attended on the Altar Three Chairs for the King in several places first of Repose the second the antient Chair of Coronation and the third placed on an high square of five steps ascent being the Chair of State All settled and reposed the Arch-bishop of Canterbury presented his Majesty to the Lords and Commons East West North and South asking them if they did consent to the Coronation of K. Charles their lawful Soveraign The King in the mean time presented himself bareheaded the consent being given four times with great acclamation the King took his Chair of Repose The Sermon being done the Arch-Bishop invested in a rich Cope goeth to the King kneeling upon Cushions at the Communion Table and askes his willingness to take the Oath usually taken by his Predecessors The King is willing ariseth and goeth to the Altar and is interrogated and thus answereth Coronation Oath Sir Sayes the Arch-bishop will you grant and keep and by your Oath confirm to the People of England the Laws and Customes to them granted by the Kings of England your lawful and Religious Predecessours and namely the Laws Customs and Franchises granted to the Clergy by the glorious King St. Edward your Predecessor according to the Lawes of God the true profession of the Gospel established in this Kingdome agreeable to the Prerogative of the Kings thereof and the antient Customes of the Realm The Kings answer I grant and promise to keep them Sir Will you keep Peace and Godly agreement according to your power both to God the holy Church the Clergy and the people I will keep it Sir Will you to your power cause Law Iustice and discretion to mercy and truth to be executed to your Iudgement I will Sir will you grant to hold and keep the Laws and Rightfull Customes which the Comminalty of this your Kingdome have and will you defend and uphold them to the honour of God so much as in you lieth I grant and promise so to do Then one of the Bishops read this Admonition to the King before the people with a lowd voice Our Lord and King wee beseech you to pardon and to grant and to preserve unto Vs and to the Churches committed to your charge all Canonical privileges and do Law and Iustice and that you would protect and defend Vs as every good King to his Kingdomes ought to be Protector and Defendor of the Bishops and the Churches under their Government The King answereth With a willing and devout heart I promise and grant my Pardon and that I will preserve and maintain to you and the Churches committed to your charge all Canonical privileges and due Law and Iustice and that I will be your Protector and Defender to my Power by the Assistance of God as every good King in his Kingdom in right ought to protect and defend the Bishops and Churches under their Government Then the King ariseth and is led to the Communion Table where he makes a solemn Oath in sight of all the people to observe the premisses and laying his hand upon the Bible saith The Oath The things which I have here promised I shall perform and keep So help me God and the Contents of this Book Then were his Robes taken off and were offered at the Altar He stood a while stripped to his Doublet and Hose of White Sattin Then led by the Arch Bishop and Doctor Lawd the Bishopâ—of St. Davids he was placed in the Chair of Coronation a Close Canopy spread over him the Arch-bishop anointing his Head Shoulders Arms and Hands with a costly ointment the Quire singing an Anthem of these words Zadook the Priest anointed King Solomon Hence he was led up in his Doublet and Hose with a White Coife on his head to the Communion Table where the Bishop of St. Davids Deputy for the Dean brought forth the antient Abiliments of King Edward the Confessor and put them upon him Then brought back to the Chair of Coronation he received the Crown of King Edward presented by the Bishop of Saint Davids and put on his Head by the Archâ— Bishop of Canterbury the Quire singing an Anthem Thou shalt put a Crown of pure Gold upon his head whereupon the Earls and Viscounts put on their Crimson Velvet Caps with Coronets about them the
by Courtney Hawley and Bingley Part of these two Companies about two hundred a piece stood at the mouth of that Causway which bore not above five a Brest The other part was placed at the side of the Causway not far from Damier Our horse in the mean time by reason of these companies so dispersed one Troop thereof consisted of not above 30. and the other but 38. to receive the enemies first charge amongst those were some of the Reformed as it were to inclose the Companies and all this the enemy knew and what companies could not come to assistance To Schomburgh comes Marilane and requires the word yet he intended not presently to fight us but to afflict and take our last as a noble Gallant confessed for there they appear to approach the Causway not so by a strait but by oblique course The French now advance a pace and are stoutly received by us but overprest by multitude they underwent diverse fortune For one part of our Horse fell amongst whom was that gallant and unrevenged Cunningham Another part yielded amongst whom was the Lord Mountjoy and he civilly used Others by the Enemies numerous power and their own weight in a steep place were forced to fly and whiles thus hurryed through the straits of the Causway into Ditches and Salt pits we were thrown The way thus opened the French pursue and made no small slaughter upon us For with very long pikes they pierced some of us already in the dirt whose face not long before they scarce durst behold And those by our own horse to whom onely they could give place were thrust besides the top of the Causway and so pierced by the enemies spears Those Companies next the horse at Damiere with their colours flying fought a while but as the former overpowred with the number fell or fled Amongst these the Reformed by uneven and turning paths made their way to the furâ—her bridge with much danger For the Enemy spared none that they met with And in truth here was a very great Slaughter Buckingham did much by direction and example Nor did the diversity of their thoughts suite well some endeavouring to fly others forbad it they rendred themselves by turns to the enemies pleasure and endeavouring by heaps to pass the Bridge one stopping another and so forced the contrary way until mutually knitting together they were thrown into the Sea And in truth Rich and Bret and many other Noble souls defending that bloody bridge encombred and prest perished in the waters and as many as fell to the French were surely destroyed Beyond the Bridge was ammunition for which Crosby contended but by a promiscous torrent of fliers and pursuers forced away having no leasure to distinguish Friends from Foes But upon a turn of fortune the French were forced beyond the Bridge Marilane leading them whom Sir Thomas Fryar and Hacksvil with gallant Spirits fall upon and Crosby with the next stand and rallied force assist and so wrested the victory from the enemy And herein not to be partial consult with their own writers they confess it and name their gallants slain This nimble victory makes us consult to pursue the French but the paucity and fewness of our men night also come caused us to forbear and themselves say Their return so disturbed and altered the French affairs that Marilane forsaken by his runnawayes could neither by fair means nor force of Sword detain them It may be suspected so few to put to flight the French but remember heretofore the battails of Cressie Poictiers Agencourt small handfuls of ours vanquished theirs the French Naturally they must confess it spend all their fury at Assault and without fear given create fear to themselves for they chill their internal strength and run headlong into danger the cause in themselves I must confess the victory which we claim was as I may say but lamentable which yet the Law of Arms allows us No man perished of ours but who desired to dy pent up to fight not to fly we fought for French against French theirs not our own quarrel The number of ours lost are now in question We say but 500. they reckon of us 1100. and how By the old Breeches which we cast off and the miserable beseeches bought of the Islanders to make a shew and fill up their Accompt And for their purchase of our number of Colours an oversight of us not to send them away with our Guns I told you before how we were weakned not a dozen left to an ensign and for the French who buried their own accompt but two or three hundred we cannot disprove them The night as I said came on they are fled we not able to pursue We were to make good our design to depart the Isle of Rhe not to be forced to be gone Yet still we stand expecting fresh Assaults from the French which they might easily do but did not and returned We went on and Crosby had the Watch Guard that night and order at the third Watch to burn the bridge which he did without damage The next day Buckingham minding his departure sends Fryar and Bret to demand the dead bodies and Dolbier to treat about Exchange of Prisoners Schomburgh consents to the first but refers the second to his Kings pleasure and so some tiÌ„me after all were returned without ransome to either friends We make aboard but here the question the glory of the field who of our own to stay last upon the shore to avoid dispute it was ordered by lot and on ship too we weighed not anchor till eight daies dared the enemie with their numerous fresh Fleets to fight And so saies Schomburgh to the King He intends himself to declare to his Majesty the English state and stay in the Anserne Island ere they departed Buckingham aboard calls a Council and demands their opinions freely if enough had been done in honour to depart All consented in one and that truly we had done well But Buckingham offered his desire to land and force the Continent and somewhat might be conceived in safety to the Rochellers and their affairs who were concluded under such a condition no douâ—â— as rendred them in appearance as yet Neuters to our Design or at least under pressure of submission and so to secure themselves might betray us The 9. day we hoised sail and met the Earl of Holland neer our Western Coast where at Plymouth the whole Fleet came to ancher and our Duke posted to Court to the King who received him with extraordinary welcome after three Moneths stay in the Isle and some weeks and odd daies from the hour he went from England The ordinary Prisoners on both sides were upon former Treaty to be returned home And therefore it is not well recited to say That Lewis gratiously dismist them as an offertory to his Sister the Q. of England and refused the Lord Mountjoys round sum of his ransom
the Queens Attorney chosen Speaker of the Commons house And thus the King Salutes them My Lords and Gentlemen THese times are for Action for Action I say not for Words therefore I shall use but a few and as Kings are said to be exemplary to their Subjects so I wish you would imitate me in this and use as few falling upon speedie Consultation No man is I conceive such a stranger to the common Necessitie as to expostulate the cause of this Meeting and not to think supply to be the end of it and as this necessitie is the Product and Consequent of your Advice so the true Religion the Laws and Liberties of this State and just Defence of our Friends and Allies being so considerably concerned will be I hope arguments enough to perswade Supply for if it be as most true it is both my Duty and Yours to preserve this Church and Commonwealth this exigent time certainly requires it In this time of Common Danger I have taken the most antient speedy and best way for Supply by calling you together If which God forbid in not contributing what may answer the quality of my occasions you do not your duties it shall suffice I have done mine in the conscience whereof I shall rest content and take some other course for which God hath impowred me to save that which the folly of particular men might hazzard to lose Take not this as a menace for I scorn to threaten my inferiours but as an admonition from him who is tied both by nature and dutie to provide for your preservations and I hope though I thus speak your demeanours will be such as shall oblige me in thankfulnesse to meet you oftner then which nothing shall be more pleasing to me Remembering the distractions of our last meeting you may suppose I have no confidence of good successe at this time but be assured I shall freely forget and forgive what is past hoping you will follow that sacred advice lately inculcated to maintain the unity of the spirit in the bond of peace The present Cause for supply of the Kings Necessities was for the Religious defence of our Reformed friends now in present danger And though the Parliament were convinced for their speedy Asistance yet they looked a squint upon themselves and but for shame had a minde first to do their own work the Peoples Grievances which were suggested to be many or else were made so by themselves But to put the King upon an after-game was not reasonable and so they gave him five Subsidies with unanimous consent Nemine contra dicente as Secretary Coke told him Whereupon sayes One the King wept for joy and bad him assure them he would deny them nothing of their just Liberties This the Observator notes as the fourth Presage taking it for granted that the King cried and which tendernesse of his the Parliament ever after made use of to his great dammage Therein insisting it seems by their continuall exacting upon the Kings Grace the more he gave the more they crave demanding to his death For indeed He denied them nothing either what was their due or what his favour could in reason afford them And forthwith they fall upon the peoples Liberties No freeman to be imprisoned by King or Council without legall cause alleaged As being an unreasonable thing To send a Prisoner and not withal to signifie his Crimes laid against him Acts 25. 27. But this their Opinion indured large debate in the Upper House wisely considering where the Prerogative should be suppressed in the King their interests depending would soon bring them low and at last contemptible And withal having the Kings Counsel to defend his right where the chief of them his Attorney General it is said pleaded impertinent for his Majesty but in what he doth not notifie and so we suppose him here to be partial for he confesseth that the Ducal or Royal party were so prevalent as that the other popular party or as in truth they were stiled the Lower House Lords of the Upper House durst not venture upon the Orderly Vote but moulded themselves into a Committee until the Lord Say which is understood to be such a Lord made his motion That they who stood for the liberties not fifty might make their Protestation upon Record and that the other opposit party the greater number but the weaker Head-piece should with Subscription of their Names enter their reasons upon Record that Posterity might not be to seek who they were that so ignobly betrayed the freâ—dom of our Nation and this being done then to proceed to Vote Indeed the Court-party might be daunted at such a designe which would have involved them in the danger to be stoned to death by the ignâ—rant Multitude who were wilde to have liberty in all things and might be easily drawn to do to those Lords as they did after in my Lord Sraffords case post them up to be knockt on the head for dissenting Lords Thus was Personal liberty setled against all presidents of former Soveraignty or future use and Custom Themselves the first breakers of this their Ordinance as we shall hereafter have too too sad occasion to mention but certainly their meaning was evermore to excuse themselves from positive laws though of their own devising Then whilest it was warm They crouded in all complaints upon liberty of goods unbilleting of Souldiers and nulling of Martial law in time of Peace To which indeed Magna Charta and six other Statutes which explain it affords them law for which they now petitioned and were answered by the Lord Keeper That the King consented those Evidences to be all in force and he would govern them accordingly His Royal word and promise being as binding to his conscience as any laws they could make whatever which he hoped would encourage them to proceed to the effecting of their necessary businesse This not so sufficient begat a question very modest Whether or no His Majesty should be trusted upon his word for his Coronation Oath swears him to maintain the Laws of the Land more of force then any Royal word could be and should it be voted in the Negative all foraign people would lodge that on them as dishonourable not to trust their King When up starts Sr Edward Coke We â—it sayes he to take his Majesties word but in a Parliamentary way sitting on his Throne in his Robes with Crown and Scepter in full Parliament both Houses present thus to be done with Ceremony makes his Royal word in Parliament and not a word delivered in his Chamber or sent to us by his Secretary or Lord Keeper And so he moved that More Majorum the House should draw a Petition de Droict of Right to his Majesty which should be confirmed by both Houses and assented to by the King and that Word be as firm an Act as any And so they framed a Petition presenting it to the Lords and after the severall
Kings Bench in Westminster-hall where a Theatre was erected in height equal with the Bench covered over with green Cloth In the upper end was placed the Tribunal Chair of State for the High Steward on either side the Peers of the Realm and under them the Iudges in the lower end against the State were the Kings learned Council and at their backs two Pews lifted up to face the Court for the Prisoner and his Keeper and in the midst of the Court a place of descension for the Clerk of the Crown and his Assistant where they all met between eight and nine of the Clock that Morning First the Clerk of the Crown and the Iudges the Lieutenant of the Tower and the Prisoner retiring into a Room near hand then the Peers seven and twenty in number those of the Garter order wearing their Coller of Esses about their neck the chiefest of them were Weston Lord Treasurer Earl of Manchester Lord Privy Seal Arundel Earl Marshall of England and so the rest Then enters the Lord High Steward his Grace in a black Velvet Gown trimm'd with Gold Buttons and Lace before him 7. Maces of State born by the Serjeants at Arms attended by Sir Io Burroughs Garter principal King of Arms and Maxwel Usher of the Black Rod. The Judges Assistants for Counsel in case of Law were Sir Nicholas Hide Chief Justice of the Kings Bench Sir Thomas Richardson Chief Justice of the Common Pleas Sir Humphrey Davenport Chief Baron of the Exchequer and Baron Denham four Judges Iones Hutton Whitlock and Crook The learned Council were Sir Robert Heath Attorney General Sir Richard Chelton Solicitor General Sir Io Finch the Queens Attorney General and Sir Thomas Crew Serjeant at Law Sir Thomas Fanshaw Clerk of the Crown and Keeling his Assistant The Clerk of the Crown presented his Grace with the Patent of his Place of Lord High Steward of England After O yes he delivered the Patent to the Clerk of the Crown who read it and returned it back The Black Rod kneeling down presented him with the White Staff or Verge of State After a second O yes his Grace gave leave to the Peers to be covered and Proclamation made That the Judges should bring in as by Writ commanded all the Records touching the Earls Arraignment and the Peers answered particularly to their several names After the third O yes the Lieutenant of the Tower brought in his Prisoner into their powers and his Warrant being read his Grace addressed himself to the Peers My Lord Audley said he for so he stiled him as a Baron of England and not by his Creation of Earl Castlehaven being a forreign Title of Ireland by which Title onely he could not be tried by the Peers the Kings Majesty is given to understand both by report and also by Verdict of divers Gentlemen of quality in your County that you stand impeached of sundry Crimes of a most high and hainous nature and therefore he brings you this day to trial doing therein like the Almighty King of Kings in the eighteenth of Genesis who went down to see whether the sins of the Sons of Sodome and Gomorrah were so grievous as the cry of them that came before him And Kings on Earth can have no better Patern to follow than that of the King of Heaven and so hath summoned by special command these your Peers either to acquit or condemn you they being so noble and so just so indifferent Iudges for his Majesty desires that your Trial should be as equal and upright as Iustice it self wherefore you may speak boldly and confidently without fear to clear your self and so to be set free but if otherwise your own conscience accuse you give the honour to God and the King by confessing the truth without shifts or subtilties against it which are but Consilia adversus Dominum May it please your Grace said Audley I have stood committed close Prisoner six moneths without Friends or Counsel deprived of the knowledg of the particular circumstances of the Crimes laid to my charge unskilfull of the advantages or disadvantages of Law and but weak to plead at the best and therefore desire liberty of Counsel to plead for me Your long Imprisonment said his Grace hath been rather a favour for conveniency to bethink your self and you shall have all possible favour in this your first demand in which the Iudges shall satisfie you as in all other your deâ—ires in the prosecution of your Trial. The Judges gave opinion that in principal Causes Counsel is not to be allowed for matter of Fact but for matter of Law it may His Grace commanded the Clerk of the Crown to reade his Indictments being three in number The first for a Rape by assisting Brodway his own Servant to ravish his Wife the Countess of Castlehaven The other two for Sodomy committed on the Body of Brodway and on Fitz Patrick his Footman To which he pleaded Not guilty c. And therefore his Grace said thus to the Peers My Lords the Prisoner is indicted of Rape and Sodomy and pleads Not guilty My duty is to charge you with the Trial Yours to judg The Cause may move pity in some detestation in all but neither of them may be put in the Scale of Iustice for a Grain on either side sways the Ballance Let Reason rule your affections your heads your hearts to heed attentively and weigh equally In the right course the Iudges will direct you if doubts arise Ye are not sworn how to proceed the Law supposeth your integrity to Iustice which others are compelled unto by Oath And so God direct you Crew opened the Indictments and so was seconded and by turns all the other but the Attorney General proceeded in brief that the Crimes were far more base and beastly than any Poet invented or History ever mentioned Suetonius indeed sets out the Lives of Heathen Emperours whose Sovereignty had no Law to question their Power nor Religion to bound their wills from acting any Crimes And here ravelling into his former debauched life and profession of Papistry digressing from the matter of the Indictments the Prisoner desired that his Religion nor other circumstances not conducing to his crimes charged might be spared But he was told to forbear to interrupt the Council till the time fitting to make answer And so the Attorney went on with his Religion bred up a Protestant and after fell to Papistry for more liberty in evil or rather of both Professions or of either or of none at all Cor quod ingreditur duas vias non habet successum In the morning at a Mass afternoon at a Sermon believing in God thus basely God left him at the last to his lusts and so to Atheism to work wickedness without hope of Heaven or horrour of Hell His moral actions beyong imagination wicked for though he married this Lady as noble in birth as great in fortune so soon as
that by the words in the Bill No man can be charged a Traitor by one that is guilty in his own particular and so is not tied to be Defendant nor to answer such a Bill Secondly the incertainty and doubtfulness of the words in the Charge so that till the Court doth censure them to be treasonable the Defendant is not tied to answer Thirdly the Appellant refers the Combate till the last if he cannot in the mean time prove the Charge by any other ways then he offers to make it good by his Body So then the Defendant may forbear his Answer and decline the Combate And now my Lords said he I humbly shall acquaint you with the Defendants answer to me in private which was That though in Law he might yet in honour and innocency he would not decline the Combate but being his own consent his Advocate hath the less to say for him And so time was given for Rey's Replication till Friday after Reys Councel moved whereas Dr. Eden had excepted at some words in the charge he answered that whoever was accused of Treason was not to insist how polluted the answer was but how to approve and clear himself Then to refer the Combate to the last was well done ultimum refugium to expose his life for God the King and his Countrey This Speech being somewhat peremtory and directory to the Court he was told That the Court needed not his direction as to the Tryall of Combate their wisdoms would consider of that when it was time and so the Court adjourned both parties being admitted to have common Lawyers but to plead onely by Civilians This day come Rey appears as before But Ramsey in a new suit of Ash-colour cloth opened with scarlet colour the cloke scarlet cloth lined with ash coloured velvet and the whole suit and cloke overlaid with silver and Sky coloured lace The former proceedings were read by the Register and thereupon the Appellants Replication presented to the High Constable in effect That Ramsey in his answer had cunningly slipt over a part of the charge which was that the Lord Rey protested he was not ingaged in Wars for want of subsistence and therefore would not hazzard in any designe without sure knowledge upon which words depends much of the matter and main of that part of the Bill And so ripping up the several charges of the Bill the strength reasons and likelihood and the defendants defects in not clearing the chief points they went on with the Councel It was his part to inforce the charge against Ramsey to this effect He observed That the first day Ramsey denied all the charge whilest he stood upon positive resolution but afterwards his Councel brought him to particulars and taught him to Answer superficially first he knew nothing and yet now so much No doubt there was some stranger enterprize by the Marquesse Hamilton then to serve the King of Swede by Ramseys professing that Hamilton was a Protestant and bore Arms for Religion not caring with whom to grapple from hence observing That they intended somewhat to attempt of themselves Ramsey stiled the Marquesse his Master in discourse and in many of his Letters produced much of the discovery by Rey was to fish out of Ramsey the truth of his doubtful words How unlikely it was that Rey having two Regiments of old Souldiers Captain of the King of Swedes Dragoons in good pay for all should offer to serve Hamilton who was to be commanded by the King And that Ramsey might decline the Combate or forbear answering till the last was a strange opinion of Councel because combate was to be reserved till all other means of discovery fayled and therefore Rey his reasons were supplimental proofs and requesting Meldrams testimony but however he was now ready if the Court thinks fit to give the Combate presently And concluded with an example in case of Murther Two men fight in secret the one is slain the other flies and though without any witnesse of the fact his seeking to escape condemns him guilty So Ramsey having been accused of Treason above three Moneths by the Lord Rey and both confined Ramsey dispairing of his cause seeks his flight from Justice by sending to Rey a private challenger being a sufficient conviction in Law as by ancient Presidents in this Court viz. Kiteles after an Appeal seems a challenger to Scroop and was therefore adjudged guilty Doctor Duck Answered to all That first It was prudence for Ramsey to answer in general Negatively having been newly landed from Sea and might be excused till time and consideration to refresh his memory being not upon Oath And as yet the defendant need not answer perfectly till further time and favour to view the Exhibits in Court by copies which he desires And directly urged against the Lord Reys Replicâ—tion not to be allowed Because Rey referring himself now to Proofs might have saved the trouble of this Court of Honour and Chivalrie and hazzard of their Persons by Combate which intends the Trial without proofsâ— And that the Defendant having ingaged his sureties but to this day He humbly desires the time and place to be ordered for the sudden Combate according to the Law of Arms and custom of this Court Saying that the Duel foreseen must ensue upon the Appeal and Denial and therefore ought now to be granted Doctor Reeves moved for continuance of the Replication and consented to the Combate The Court admitted the Replication and ordered time till Wednesday for Exceptions thereto Doctor Duck offered some reasons to satisfie Rey and extremely to censure Ramsey where he was interrupted and told by the E. Marshall That the Court will save him the labour and councel till the Rejoynders be put in and then to be Ordered Doctor Eden shewed that the copies of the Letters Exhibited were not given out Nor shall sayes the Earl Marshal till the court have considered of the contents and so they were read The one was from Ramsey to Rey certifying him of passages in the Low-Countreys since their parting to put the Marquesse in minde of directing him how to dispose of the Ammunition and Arms in his custody subscribed  your servant Ramsey The other from the Lord Marquesse to the Lord Rey congratulating his love and affection expressing a great desire to meet him in Germany upon any terms he would propose And that Ramsey the Bearer was instructed for him to Treat with the King of Swede whom he desires to favour and assist which will oblige him his  friend and servant Hamilton Doctor Duck opened the whole matter and each particular Insisting That my Lord Reys evidence being for the King and he a person of Honour and Peer of Scotland his testimony was sufficient And moves that Mr. Meldram might be admitted for supply for though they were not joynt witnesses together of the words which made the charge yet for as much that they were
to second and so he was fain to desist but he exercises his fury at home on the very Branches of the House of Lorain persecutes the Duke of Guise to the death and so to destroy the Family which forced Lorain his Manifesto That not able to contest with his powerfull Enemy he tranfers all his Rights upon his Brother Francis and so retires to be General of the Catholick Army in Germany Richelieu assured that this mad deed of Guise was but pro tempore till that this Dukes Brother had sent to Rome for a Dispensation to marry his Cosin Germane and to render his Cap to the hands of his Holiness seizes him and his new Bride at Paris Prisoners to the Bastile out of which they escape disguised through Savâ—y Florence and Venice so far about ere they got safe to Vien Thus malitious was Richelieu to attempt the extinction of this most illustrious and most ancient Family issued from Charlemain and other Kings sacred for their Services to Christendom nay to France her self in the Battel of Crecy and all the Wars of the English And that story of truth that Iohn of Orleans of this Family like a second Iudith saved France from the oppression of Strangers And so the Cardinal having deprived the lawfull Prince called in the Gothick Nation to ruine it and therefore they that accuse this Duke of having so often falsified his faith silence the the cause thereof either through malice or ignorance This year by a Floud near Glucstat in Holstein there were drowned six thousand persons and above fifty thousand Cattel And by the Plague which beginning in the North passed through Holland there died about twenty thousand persons in the Town of Leyden onely without reckoning those that were consumed in Amsterdam and other Towns This Contagion was fomented by the Famine in Germany not the Living able to bury the Dead The French were totally beaten out of Germany and so we may observe Catholicks against Catholicks Lutherans against Catholicks and now follows Lutherans against Lutherans and then the Reformates against the Reformates the most extravagant War since the World began wherein the most unbridled passions of man had the Helm Vengeance produced Licentiousness and that also such barbarous Cruelties as can be imagined And after their miserable effects we in Great Brittain felt the like misfortunes none escaping where Gods hand of Justice prosecutes sinfull Creatures Laud Arch-bishop of Canterbury makes his Visitation and as usual with all his Predecessours Inquisition is made but now more narrowly than had been heretofore of the great neglect of religious Duties both of Clergy and Laity for a uniform obedience to the Rules of the Church much neglected in Arch-bishop Abbot's time And because some Bishops had been over-nice to examine their own Diocess in favour of the Presbyterians this Arch-bishop on purpose to direct them the way was the rather severe and so by his Examinations and Example it began to be strictly observed and as boldly opposed by the Puritan It is instanced in the Remove of the Communion Table from the Body of the Chancel to the upper East End with the side of the Table against the Wall Altar-wise with a Rail or Ballaster about it and no new things commanded now for the Committee of Parliament had taken liberty eight years since to except against some Ceremonies and in fear or remisness to displease them the neglect of Duties were the rather more narrowly commanded now and but time for never more profaness in divine Service which the King understanding by often Complaints thought fit to give order for the amendment In whose power by Statute 1 Eliz. c. 2. he is to ordain and publish such further Rites and Ceremonies as may be most for the Advancement of Gods glory the edifying of his Church and the due reverence of Christ 's holy Mysteries and Sacraments And this was done by the Dean and Chapter three years since at Saint Gregories Church the Communion Table set Altar-wise and though complained of by some ordinary Parishioners the King and Council hearing the cause made an Order for confirmation thereof So then these Proceedings had been before First the Statute of Queen Elizabeth the Kings Prerogative and the ancient Laws of the Land and indeed it was a Renovation of a Rite not an Innovation And truly to instance the Bishop of Lincoln for opposing with his Holy Table Name and Thing which was rather to oppose the Kings Command than to speak his Conscience for never Prelate lived more Episcopal than he when he was retired at Bugden yet for his ends after he seemed a Puritan and what not perfidious to secure himself and to please the Publick and so at last became a professed Presbyterian and there he setled to be one of their own whose Characters are much minced in their demerits if you afford them free of any moral scandal I wish they were not but I fear rather guilty of all by their Hypocrisie in all And without doubt more to blame than the Prelate Ministers who are falsly reproached to be vitious even to scandal for which he is justly blamed And as the Ceremonies of outward worship were inquired into so were the Doctrines and Manners of Ministers specially of the Lecturers chosen by the People the more factious the fitter for their Pulpits Such an Examination came before the King and his Council between the Bailiffs of the Town of Yarmouth in Norfolk on the one side and the Dean and Chapter of Norwich and Master Brooks the Minister and Preacher there on the other side upon the Return of a Commission sent thither for the Examinations of Proofs The Case was thus Mr. Brooks being Minister and Preacher at Yarmouth by the Patronage and supplyment of the Dean and Chapter to whom it belonged The factious there had notwithstanding set up one Mr. Brinesley not conform to the canons of the Church to be a Lecturer of their own and to officiate in a room called a Chappel being formerly used by the Dutch for their assembling in their service never consecrated and but lately a ware-house for Merchants goods And the rather the people were invited thither in throngs neglecting their Parish Churches Against Mr. Brinesley comes thither an Inhibition from the Arch Bishop of Canterbury directed to Mr. Brooks who serves him therewith in his Meeting-place And for which the Town authority committed Mr. Brooks by the heels encouraging the other to go on in his Lecturing Whereupon It was Ordered with this Preface That the Matters of the Church at Yarmouth had been factiously carried by the refractory spirits of some Persons in chief places of power there whereby the busie humours of those whose Ears itch after Novelty have been nourished and incouraged And therefore his Majesty being sensible and careful in the countenancing and maintainance aswell of Ecclesiasticall Authority and Discipline as of civil Order and Government
be kept at Edinburgh the sixth of August next where we intend God willing to be personally present and thereafter a Parliament the twentieth of August and there an Act of Oblivion to be passed And that upon their disarming and disbanding of their forces dissolving and discharging all their pretended Tables and Conventicles and restoring to the King all his Castles forts and Ammunition as also his Royal honours and to every one of his good Subjects their Liberties Lands Houses goods and means whatsoever taken and detained since the late pretended General Assembly the King will presently thereafter recal his Fleet and retire his Forces and cause restitution of their Ships and goods since the aforesaid time And since hereby it appears His Majesty intends not any alteration of Religion or Laws He expects their dutiful obedience And he takes God to witnesse that whatever calamities shall ensue by his necessitated suppressing of the Insolent disobedience is not occasioned by him but by their own procurement The Articles of Pacification were these the seventeenth of Iune 1639. 1. The forces of Scotland to be disbanded and dissolved within twenty four hours after the agreement of the Kings Declaration 2. The Kings Castles for Ammunition and Royal Honours to be delivered after the said Publication so soon as he should send to receive them 3. His Ships to depart presently after the delivery of the Castles and in the mean time no interruption of Trade 4. All persons goods and Ships detained by the King since the first of November to be restored 5. No Meetings Treatings Consultations or Convocations of any of the Scots but such as are warranted by Act of Parliament 6. All Fortifications to desist and to be remitted to the Kings pleasure 7. To restore to every one their Liberties Lands houses goods and means whatever taken and retained from them by whatsoever means since the first of November last The eighteenth of Iune the Declaration was signed by the King and these Articles by the Scots with this submission IN Obedience to his Majesties Royal Commands Wee shall upon Thursday next the twentieth of June dismisse our Forces and Immediately thereafter deliver His Majesties Castles c. And shall ever in all things carry our selves like humble and loyal subjects Signed Rothes Dumfirmlin Lowdon Dowglas Henderson Iohnston Now to show how the Scots performed these Articles Observe 1. That at the Scots very publishing of these Articles of Pacification though so infinitely advantagious to them they meet them with their Protestation scandalous and dishonourable to the King 2. They published a scandalous paper Intituled Some conditions of His Majesties Treaty with His subjects of Scotland before the English Nobility are set down here for remembrance So untrue and seditious as was burned by the Hangman They kept in body diverse forces and in pay all their Officers The fortification at Lieth kept up intire as at first They did after the time limitted and expired continue their unlawful meetings upon matters of State Ecclesiastical and Civil contrary to the Laws and Acts of Parliament They enforce subscription of the subject to the late pretended Assembly at Glasgow contrary to the Kings Proclamation They brand all such persons as took arms for the King with the aspersion of Incendiaries and Traytors to God and their Countrey They protest that all the members of the Colledge of Justice and all other the subjects were nor to attend the Session and would null all their Acts as ineffectual 3. They come to a Parliament wherein they deny the most essential and inherent Prerogatives of the Crown striving to alter the constitutions of Parliament and frame of Government as appears by their first Act which was that nothing done or to be done in Parliament should be valid except the form of electing the Articles heretofore observed were altered contrary to former Parliaments and the power of the Articles which have been ever since King David Bruce more then 300. years for the Lords of the Articles prepare all business bring them to the Parliament as appears the fourth Parliament of King Iames the sixth cap. 218. and indeed for eschewing impertinent confusion all Propositions and Motions are to be delivered to the Clerk Register and by him presented to the Lords of Articles which now they will not endure They urge to confound the third Estate in Parliament of Bishops formerly called the first Estate which King Iames the sixth and all his Predicessours before and since the Reformation were careful to preserve as appears anno 1560. when all church Jurisdiction in the persons of Bishops is alleadged to be dissolved And in anno 1587. when all Temporalities of Benefices were annexed to the Crown the Clergy retained still their Vote in Parliament and represented the third Estate see the first Parliament of Iames the sixth 1587 1597. 1609. Nay by a special Act the eighth Parliament of King Iames the 6. It is declared treason to impugne the three Estates to procure the Innovation of the power and authority of the same 3. Estates or any of them and so these men are thereby now guilty of Treason And to the Act of Oblivion they seek to justifie themselves and all their former proceedings and urge an act of Iustification to be recorded in Parliament which in truth is contrary to the nature of an Act of Oblivion as appears in that Act of Oblivion 1563. And whereas by their Article of Pacification they were to restore to the subject Liberty Lands goods c. the binding part of the Act never intended it seems to restore Bishops and Ministers c. They urge that all Scots assistant to the King shall be made equal if not more lyable to the defraying of their pretended charge in the late Expedition so that in this point the King must not onely justifie his subjects Rebellion but contribute his consent to pay their wages Then consider their demands of the King in this Parliament 1. That the Coyn be not medled with but by advice of Parliament 2. No stranger to command or to inhabit in any Castles of the Kings but by their advice 3. No Honour to be granted to any stranger but such as have a competency of Land rent in Scotland 4. No Commissioner of Iusticiary or Lievtenancy but for a limited time They protest against the Precedency of the Lord Treasurer and Lord Privy Seal as not warranted by a positive Law And though these demands answer themselves in the Negative see what may be said to them 1. For the Coyn Certainly it is a prerogative peculiar to the Crown and in any other person High Treason as in all Kingdoms in the world 2. No doubt they malign at the English strangers In good sooth the English did resent the dishonour to have a poor Scot created an Earl of England without a foot of land or a groat in his purse to perk above an English Viscount at home in England 3. It
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
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
Maxwell till ten Weeks after when being upon the Charge voted guilty of High Treason and not before he was sent to the Tower and four years after beheaded The Scots Covenanters charge against the Arch-bishop of Canterbury concerning Innovations in Religion the main causes of Commotions in Kingdoms and States the true causes of our present Troubles many and great besides the Books of Ordinances and Homilies First some particular Alterations in Religion without Order or Law a new Book of Canons and Constitutions Ecclesiastical Secondly a Liturgie or Book of Common Prayer full of dangerous Errours and we challenge the Prelate Canterbury the prime cause on earth That he was Authour of our changes in Religion by fourteen Letters of his to our pretended Bishops to promote the English Service-Book and for which neglect he lost the Bishoprick oâ— Edinburgh but may deserve a better advising him to return a List of the Names of such persons of Honour and Office that refuse More appears by Papers memorative Instructions to the Bishop of Saint Andrews and Ross for ordering the Affairs of the Kingdom to obtain Warrants to order the Exchequer Privy Council Commissions of Surrenders the matter of Balmerino's Process as might pleasure Prelates Warrants to sit in the High Commission once a Week and to gain from the Noble-men the Abbies of Kelso Saint Andrews and Conday for the Prelates ordering by his command even the meanest Offices in the Kirk Secondly the Book of Canons obtruded being devised for establishing a tyrannical power in the persons of the Prelates over the Consciences Liberties and Goods of the People and for abolishing the whole Discipline of our Kirk settled by so many general and provincial Assemblies Presbyteries and Kirk-Sessions by Law and continual practice since the Reformation The Book of Common Prayer which by our National Assembly is found to be Popish Superstitious and Idolatrous and repugnant to all our Doctrine and Discipline reformed And that Canterbury was the main Actor they prove by several Letters to several pretended Bishops for promoting and ordering the use thereof and the Book it self in writ is interlined margined and patched up by his hand the changes and supplements taken from the Mass-books different from the Service-book in England and without the Kings knowledg as in the Sacraments of Baptism and the Supper of the Lord. That our Supplications were many against these Books but Canterbury procured them to be answered with terrible Proclamations whereby we were constrained to use the Remedy of Protestations we were called Rebells and Traitours and procured War against us and after the Pacification at Barwick he advised to have it broken and to bring upon us this new War that our Convenant he called damnable treasonable railing against us in the presence of the King and Committee That his hand was to the Warrant for Restraint and Imprisonment of some of our Commissioners when we had manifested the truth of our Intentions Declarations Remonstrances and Representations true just and lawfull That he advised the breaking up of the last Parliament but sat still in his Convocation to make Laws against them tending to our utter ruine That he caused a Prayer to be used in all Churches in England whereby we are styled as traiterous Subjects c. That if the Pope had been in his place he could not have been more zealous against the Reformed Churches to reduce them to the Heresies Doctrines Superstitions Idolatries of Rome c. All which they will prove and desire justice upon him Their Charge also against the Earl of Strafford which was thus in effect That they had conjoyned with Canterbury by no other name the Lord Lieutenant of Ireland whose malice was to do mischief to their Kirk and Countrey no cause moving but his own pride and superstitious disdain of their Kirk so much honoured first by sundry other reformed Kirks by many worthy Divines in England by their oppositions against Innovations in all his Majesties Dominions which he promotes by advancing his Chaplain Doctor Bromholm to the Bishoprick of Derry and Vicar general of Ireland one prompted to exalt Canterbury's Popery and Armenianism and Doctor Chapel to the University of Dublin on purpose to imprisoning and corrupting the Fountain of the Kirk and when the Primate of all Ireland pressed a Ratification of the Articles of the Confession of that Kirk in Parliament for barring of Innovation he boldly threatned him with burning of it by the Hangman although confirmed in England He disgraced our new Reformation begun in Scotland by a Pamphlet Examen conjurationis Scoticae The ungirding of the Scotish Armour Lysimachus Nicanor and he the Patron of the Works and them That notwithstanding their National Oath and Covenant warranted by general Assemblies approved by Parliament there and to be taken by all the People and their Loyalty to the King and lawfull proceeding the Innocency of their Covenant and Cause yet did he tend all his malice and force against them First by summoning some of the Scots Nobility and Gentry there in Ireland to Dublin and there conspired with the Prelate of Rothes and framed a Petition which the Scots there must exhibit to renounce the Scots Covenant and so thereby enforced all the Scots above sixteen years of age to the same upon pain of close Imprisonment whereby thousand others were forced to fly into Scotland leaving all they had behinde them to the weakning of the Scots Plantation and disservice to the King and Kingdom That by his means a Parliament is there called and although by six Subsidies unduly gotten and levied the Parliament before the Land was impoverished He now again extorted four Subsidies more otherwise Forces should have been levied against us as Rebells This being intended as a President to the Parliaments in England for levying a joint Army over the Subjects of both Nations And accordingly an Army was raised and brought to the Coast threatning to invade Scotland and to make us a conquered Province to the extirpation of Religion Laws and Liberties which enforced us of necessity to maintain our Forces on Foot to prevent his coming our Ships and Goods taken as Prize on the Irish Coasts inciting England to a War also against them Thus fitted he hastning over into England and at the delivery up of the Sword there he uttered these words If ever I return to this honourable Sword I shall not leave of the Scots neither Root nor Branch Being come to Court he acts all offices to our Commissioners who were to clear all our Proceedings at the Iunto using perswasions to stir up both King and Parliament to a War against us That course failing he plotted to break the Parliament and to have the Conduct of the Army in the Expedition against Scotland which he exercised according to the largeness of his Patent of his own devising and when the Scots Army came but in peace far from Intentions to invade but with supplication and petition of
whole should contribute this was about June In Michaelmas following the King but by no advice of mine commanded me to goe to all the Judges for their opinions upon the case and to charge them upon their Allegiance to deliver their opinions But this not as a binding Opinion to themselves but that upon better consideration or reason they might alter but only for his Majesties satisfaction and that he must keep it for his own private use as I conceive the Iudges are bound by their Oaths to do I protest I never used any promise or threats to any but did only leave it to the Law and so did his Majestie desire That no speech that way might move us contraâ—y to this that I delivered There was no Iudge which subscribed that needed solicitation unto there were that refused Hutton and Crook Crook made no doubt of this thing but of the introduction I am of opinion that when the whole Kingdome is in danger whereof the King is Judge and the danger is to be born by the whole Kingdome When the King would have sent to Hutton for his opinion the then Lord Keeper desired to let him alone and to leave him to himself that was all the ill office he did in that business February the six and twentieth upon Command from his Majesty by a then Secretary of State the Judges did Asseâ—ble in Serjeants Inn where then that Opinion was delivered and afterwards was inrolled in the Star-Chamber our other Court at which time I used the best arguments as I could where at that time Crook and Hutton differed in opinion not of the thing but whether the King was sole Judge Fifteen Moneths from the first they all subscribed and it waâ— Registred in the Star-Chamber and other Courts the reason why Crook and Hutton did subscribe was because they were over-ruled by the greater number this was all I did till I came to my Argument in the Exchequer where I argued the Case I need not to tell you what my Arguments were they are publique about the Town 〈◊〉 I tell you three or four things in the matter whether the Kingdome were in danger and in case of apparent danger it was not upon the matter but upon demuâ— I delivered my self then as free and as clear as any that the King ought to govern by the positive Laws of the Kingdome and not alter but by consent in Parliament and 〈◊〉 if he made use of it as a Revenue or otherwise that this Judgment could not hold him but never declared that mony should be raised I heard you had some hard opinion of me about this secret business it was far from my business and occasions but in Mr. 〈◊〉 absence I went to the Justice-seat when I came there I did both King and Common-wealth good service which I did with extream danger to my self and fortunes left it a thing as advantagious to the Common-wealth as any thing else I never went about to overthrow the Charter at the Forrest but held it a 〈◊〉 thing and ought to be maintained both for the King and 〈◊〉 Two Judges then were that held that the King by the Common-law might make a Forrest where he would when I came to be judge I declared my opinion to the contrary that the King was restrained and had no power to make a Forrest but in his own Demesn Lands I know that there is something laid upon me touching the Declaration that came out the last Parliament It is the Kings affaires and I am bound without his Licence not to disclose it but I hope I shall obtain leave from his Majesty and then I shall make it appear that in this thing I have not deserved your disfavours and will give good satisfaction in any thing I know that you are wise and will not strain things to the uttermost sence to hurt me God did not call David a man after his own heart because he had no feelings but because his heart was right with God I conclude all with this That if I must not live to serve you I desire I may die in your good opinion and favour But all could not serve to keep him from their Censure who voted him that very day a Traytor First For refusing to read the Remonstrance against the Lord Treasurer Weston 4. Car. when the Parliament desired it Secondly For soliciting perswading and threatning the Iudges to deliver their opinion for levying Ship-money Thirdly for several illegal actions in Forrest-matters Fourthly For ill Offices don in making the King to dissolve the last Parliament and causing his Majesties Declaration thereupon to be put forth The next day he was accused before the Lords but he was early up and thereby the more neer to give them the slip and the wiser he when no other defence could serve the Scrutiny he withdrew into Holland and there remained whilst his accusers became the more guilty and then he came home again The Parliament increasing in repute and power and minding to new-mold and over-turn or turn over to a new leaf were moddeling a Bill for a Triennial-Parliament and to bring it about businesses were devised and invited and the Counties set a work to send in their Petitions one of them subscribed with above eight hundred Presbyters and that was directly against the Hierarchy of Bishops which the King observed and mistrusting the willing reception He tells both houses the three and twentieth The King had reprieved one Goodman a Priest formerly condemned at the Sessions at Old Baily which made work for the Commons and by Master Glyn their Messenger to the Lords request them to adjoyn their Petition to his Majesty to be informed who should dare to be Instrumental in retarding of Justice in the Face of a Parliament to which the King by the Lord Privy Seal the eight and twentieth of Ianuary tells them the cause he being found guilty as being a Priest onely upon which account neither King Iames nor Queen Elizabeth ever exercised the penal Law This onely begat another Conference two days after with the Lords from which came this 〈◊〉 to the King That considering the state and condition of this present time they conceive the Law to be more necessary to be put in stricâ— execution than at any time before First because by divers Petitions from several parts of this Kingdom Complaints are made of the great increase of Popery and Superstition and the People call earnestly to have the Laws against 〈◊〉 put in execution Secondly Priests and Iesuits swarm in great number in the Kingdom and appear here with such boldness and confidence as if there were no Laws against them Thirdly it appeareth to the House that of late years about the City of London Priests and Iesuits have been discharged out of Prison many of them being condemned of High Treason Fourthly the Parliament is credibly informed that at this present the Pope hath a Nuncio or Agent resident in the City
fourteen days 5. That according to such his Declarations and Speeches the said Earl of Strafford did use and exercise a Power above and against and to the subversion of the Fundamental Laws and stablished Government of the said Realm of Ireland extending such his Power to the Goods Free-holds Inheritances Liberties and Lives of his Majesties Subjects of the said Realm viz. the said Earl of Strafford the twelfth day of December Anno Domini 1635. in the time of full peace did in the said Realm of Ireland give and procure to be given against the Lord Mount Norris then and yet a Peer of Ireland and then Vice-Treasurer and Receiver-general of the Realm of Ireland and one of the principal Secretaries of State and Keeper of the Privy Signet of the said Kingdom a Sentence of Death by a Council of War called together by the said Earl of Strafford without any warrant or authority of Law or offence deserving any such punishment And he the said Earl did also at Dublin within the said Realm of Ireland in the Moneth of March in the fourteenth Year of his Majesties Reign without any legal or due proceedings or trial give or cause to be given a Sentence of Death against one other of his Majesties Subjects whose name is yet unknown and caused him to be put to death in execution of the said Sentence The Earls Reply That there was then a standing Army in Ireland and Armies cannot be governed but by Martial Law that it hath been put in constant practice with former Deputies that had the Sentence been unjustly given by him the Crime could amount but to Felony at most for which he hoped he might as well expect Pardon from his Majesty as the Lord Conway and Sir Iacob Astley had for doing the like in the late Northern Army That he neither gave Sentence nor procured it against the Lord Mount Norris but onely desired justice against the Lord for some Affront done to him as he was Deputy of Ireland That the said Lord was judged by a Council of War wherein he sate bare all the time and gave no Suffrage against him that also to evidence himself a Party he caused his Brother Sir George Wentworth in regard of the nearness of Bloud to decline all acting in the Process Lastly though the Lord Mount Norris justly deserved to dy yet he obtained his Pardon from the King 6. That the said Earl of Strafford without any lâ—gal proceedings and upon a Paper-petition of Richard Rolstone did cause the said Lord Mount Norris to be disseised and put out of possession of his Free-hold and Inheritance of his Manour of Tymore in the County of Armagh in the Kingdom of Ireland the said Lord Mount Norris having been two Years before in quiet possession thereof The Earls Reply That he conceived the Lord Mount Norris was legally divested of his Possessions there being a Suit long depending in Chancery and the Plaintiff complaining of Delay he upon the Complainants Petition called unto him the Master of the Rolls Lord Chancellour and Lord Chief Justice of the Common-Pleas and upon Proofs in Chancery decreed for the Plaintiff Wherein he said he did no more than what other Deputies had done before him 7. That the said Earl of Strafford in the Term of Holy Trinity in the thirteenth Year of his now Majesties Reign did cause a case commonly called the Case of Tenures upon defective Tiâ—les to be made and drawn up without any Iury or Trial or other legal Process and without the consent of Parties and did then procure the Iudges of the said Realm of Ireland to deliver their Opinions and Resolutions to that Case and by colour of such Opinions did without any legal proceeding cause Thomas Lord Dillon a Peer of the said Realm of Ireland to be put out of possession of divers Lands and Tenements being his Free-hold in the County of Mago and Rosecomen in the said Kingdom and divers others of his Majesties Subjects to be also put out of possession and disseised of their Free-hold by colour of the same resolution without legal proceedings whereby many hundreds of his Majesties Subjects were undone and their Families â—tterly rained The Earls Reply That the Lord Dillon with others producing his Patent according to a Proclamation on the behalf of his Majesty the said Patent was questionable upon which a Case was drawn and argued by Council and the Judges delivered their Opinions But the Lord Dillon or any other was not bound thereby nor put out of their Possessions but might have traverst the Office or otherwise have legally proceeded notwithstanding the said Opinion 8. That the said Earl of Strafford upon a Petition exhibited in October 1635. by Thomas Hibbots against Dame Mary Hibbots widow to him the said Earl of Strafford recommended the said Petition to the Counsel Table of Ireland where the most part of the Counsel gave their vote and opinion for the said Lady but the said Earl finding fault herewith caused an order to be entered against the said Lady and threatned her that if she refused to submit thereunto he would imprison her and fine her five hundred pound that if she continued obstinate he would continue her imprisonment and double her fine every month by month whereof she was enforced to relinquish her estate in the Land questioned in the said Petition which shortly was conveyed to Sir Robert Meredeth to the use of the said Earl of Strafford And the said Earl in like manner did imprison divers others of his Majesties subjects upon pretence of disobedience to his orders and decrees and other illegal commands by him made for pretended debts titles of Lands and other causes in an arbitrary and extrajudicial course upon paper Petitions to him preferred and no other cause legally depending The Earls Reply That true it is he had voted against the Lady Hibbots and thought he had reason so to do the said Lady being discovered by Fraud and Circumvention to have bargained for Lands of a great value for a small Sum. And he denied that the said Lands were after sold to his use or that the major part of the Council-board voted for the Lady the contrary appearing by the Sentence under the Hand of the Clerk of the Council which being true he might well threaten her with Commitment in case she disobeyed the said Order Lastly were it true that he were criminal therein yet were the Offeâ—ce but a Misdemeanour no Treason 9. That the said Earl of Strafford the 16. day of Feb. in the 12. year of his now Majesties reign assuming to himself a power above and against Law took upon him by a general Warrant under his hand to give power to the Lord Bishop of Down and Connor his Chancellor or Chancellors and their several officers thereto to be appointed to attach and arrest the Bodies of all such of the meaner and poorer sort who after citation should either refuse to appear before them or appearing should
do not through me wound the interest of the Common-wealth And howsoever these Gentlemen say they speak for the Common-wealth yet in this particular I indeed speak for it and shew the inconveniencies and mischiefs which will fall upon it For as it is said in the Statute 1. of Henry 4. No man will know what to doe or say for fear of such penalties Doe not put my Lords such difficulties upon Ministers of State that men of wisedome of Honour of Fortune may not with cheerfulness and safety be imployed for the publique if you weigh and measure them by graines and scruples the publique affaires of the Kingdome will lie waste no man will meddle with them who has any thing to lose My Lords I have troubled you longer than I should have done were it not for the interest of these dear pledges a Saint in heaven hath left me At this he stopt a while offering up some tears to her ashes what I forfeit my self is nothing but that my indiscretion should extend to my posterity it woundeth me to the very soul. You will pardon my infirmity something I should have added but am not able therefore let it pass And now my Lords for my self I have been by the blessing of almighty God taught that the afflictions of this present life are not to be compared to the eternal weight of Glory which shall be revealed hereafter And so my Lords even so with all tranquillity of mind I freely submit my self to your judgment and whether that judgment be of life or death Te Deum laudamus When he had done two of the Members Mr. Glyn and Mr. Pym endeavouring to render him as odious as it is usually observed from Declamatours satisfying the Ear of the Auditours but not their judicial Censure for the point came to be this the Commons are to justifie their Charge by Law upon the matters of Fact as yet not appearing under the Letter of any Statute of Treason As for that of the 25 of Edward 3. it came short but yet it is supplied with this Proviso annexed that because all particular Treasons could not be then defined therefore what the Parliament should declare to be Treason â—n time to come should be punished as Treason within which compass they intend to bring him and that by Bill of Attainder The Earl put upon a point of Law desires Council which by no means the Commons would assent unto and notwithstanding all the reason in the world it was canvased three Days and at last concluded that his Council should plead such matters as they should be restrained unto Saturday the seventeenth of April the Earl appears with his Council Master Lane the Prince's Attourney Master Gardner Recorder of London Master Loe and Master Lightfoot Lane argued that the said Statute of 25 Edward 3. was a Declarative Law and so not to be interpreted as of consequence equity or construction but by the express Letter onely that it was a penal Law and so not to admit of any Constructions or Inferences for the true nature of penalties enforce the keeping of known Laws not of conjectural and dubious And for the Salvo he affirmed that in the sixth of Henry 4. the Nobility petitioned the Parliament to limit all Treasons by Statute in which Parliament Chapter 10. an Act passed thereupon that the Salvo should be holden repealed in all times to come nothing to be esteemed Treason but what was literally contained in the Statute of 25. Edward the third nor could the rest of the Council speak more then what had been said by Mr. Lane being so sufficient for matters of Law unless their Lordships would state any other questions to which they were ready to answer upon which the Court adjourned without prefixing any time of meeting The Commons meant it not to meet any more the Earl had satisfied all curious observations of his defence and the Commons knew it well enough but they resolved to attaint him by Bill which was debated by the Commons the nineteenth day and the Earl voted by them guilty of high Treason meerly upon the evidence of Secretary Vane and his notes but upon reading the Bill engrossed in their house the one and twentieth day It was hardly canvassed by the Poll the dissenters being fifty nine and my Lord Digby the most eminent that urged for him and yet it passed That afternoone with all expedition it was brought to the Lords and the four and twentieth day they were put in minde to fix a day for reading of it to which they returned answer that on Munday and Tuesday after they would not fail being not over harty to do it then for it was debated by the Lords to be a business of very high concernments and so perplext as necessarily required a conference with the Common who put it upon Mr. St. Iohn the Kings Solicitor to satisfie them and to justifie the Bill by Law upon Thursday the nine and twentieth and to offer reasons enforcing them to this way of proceeding against the Earl who was ordered to be there present And the Commons to shadow the violence of this proceeding with the Earl they bethought themselves of some publique affair and so petition the King 1. For removing of all Papists from Court. 2. For disarming of them generally throughout the Kingdome 3. For disbanding the Irish Army To which they had Answer the eight and twentieth 1. They all knew what legal trust the Crown hath in that particular therefore he shall not need to say any thing to assure them that he shall use it so as there shall be no just cause of scandal 2. He is content it shall be done by Law 3. And for the last he had entered into consultation about it finding many difficulties therein and he doth so wish the disbanding of all Armies as he did conjure them speedily and heartily to joyn with him in disbanding those two here Scots and English I am now come to the point to consider of the Differences between two Writers our Historian and his Observatour concerning the Death of the Earl of Strafford and reflecting upon the late Arch-bishop of Armagh Primate of all Ireland whilest he was living and so pursued since his Death I being intrusted by him when time and occasion should happen to offer in publick what I had in charge under his own hand-writing and others also not to quarrel it any further but to rectifie mis-understandings if it may be done without malice on any side and so I shall handle it as a Moderatour We begin from the Bill of Attainder which was read in presence of the Earl at the Bar. Whereas the Knights Citizens and Burgesses of the House of Commons in this present Parliament assembled have in the name of themselves and of all the Commons of England impeached Thomas Earl of Strafford of High-treason for endeavouring to subvert the ancient and fundamental Laws and Government of his Majesties Realms
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
proclames that by the last Act of this Parliament concerning Tunnage and Poundage It is there provided that no penalty in that Act or in 1 Iac. shall ensue to any person unless they refuse to compound for any Goods imported or exported after notice given of the same by Proclamation where the said Goods are to be entered And now declares that they pay the said Tunnage and Poundage as by the said Acts are expressed c. at York March 24. with which we end our English affairs for this year The Earl of Northumberland being Admiral and indisposed the King had commanded Sir Iohn Pennington Vice-admiral to take the charge of this Summer Fleet for the Narrow Seas and the Parliament as earnestly recommend the Earl of Warwick for that service inclosing their Message in a piece of Paper within a Letter to the Lord Keeper Littleton of the 28. of March neither by way of Petition Declaration or Letter it being also the first time that ever they took upon them the nomination or recommendation of the chief Sea-commanders and it adds to the wonder being that Sir Iohn Pennington was already appointed by the King for that service and indeed by mediation of the Admirals infirmity without any fault of exception And although he were not appointed nor through some accident might not be able to perform that service yet others of the same profession are so well known to the King that the recommendations of that kinde would not be acceptable and so was the Earl of Warwick absolutely refused The Assizes holden at York and the Gentry Ministers and Free-holders being assembled they most humbly shew to the Kings most excellent Majesty their souls piercing anguish proceeding from the general Distractions of this Kingdom somewhat eased by the comfort of his presence and gracious confidence in the affections of this County Yet the fellow-feeling of the passionate sorrow of the other parts of this Kingdom do inforce them after the tender of their Lives and Fortunes for the safety of his Person Crown and Sovereignty to follow that sacrifice of duty with their Prayer and Petition which shall not cry for help of particular Distractions naming all they could reckon up since his own Declaration in those particulars renders it an unpardonable crime in them to supect his words sacred before God and man But emboldened by the Oracle of Truth that a divided Kingdom cannot stand and his Majesty best acquainted with the means of prevention of danger that he will please to declare the Expedients which may take away all misunderdings betwixt him and his great Council to whom they will also address their endeavours to beget in the King a confidence in their Councils and blessed union necessary to this perplexed Kingdom April 5. To this so humble and hearty Address the King could not hold off their Expectations but suddenly told Mr. Sheriff and the Gentlemen that he believed they expected not a present Answer onely in the general and upon the sudden he sees he is not mistaken in the confidence of their affections nor will he deceive their expectation from him He observes their Petition modest not for themselves in particular and therefore he puts them in minde of three things for their good 1. He will reduce their Trained Bands into a lesser number as they shall shew him the way 2. To advise him to complie with the engagements for to pay them their Arrears for Billet-money and had the Water gone to the right Mill they had not wanted it now 3. For the Court-judicature of York of which he assures them he knows no legal dissolution thereof nothing as yet appears to him directly or indirectly so that it is but shaken not dissolved and if they shall advise the way of setlement thereof for the Northern parts they shall not blame him if they fail and refers them to a day or two for a full answer to all And assured them That as to the Praier of their Petition which included the rest the onely way of good understandings is for the Parliament to consider of his Message the twentieth of January last that the Militia be setled by Act of Parliament explained in his Answer to their Petition of the six and twentieth of March last and wishes them in those to applie to the Parliament for the good of all c. April 7. The King most intent to reduce Ireland by his Message to the Houses offers his own person with these Propositions That he intends to raise his Guard by Commissions out of the Counties near Chester two thousand Foot and two hundred Horse to be there armed from his Magazine at Hull and those to take the Oath of Supremacie and Allegiance The charge of raising and paying them shall be added to the Parliaments undertakings for that War which if too great the King will sell or pawn his Land or Houses Towards which as he hath already writ to Scotland to quicken their Levies for Ulster so he wishes the Parliament to hasten theirs for Munster and Connaught And hath prepared a Bill by his Atturney concerning the Militia for the good of all if received if refused he calls God and the World to judg between them To this the Parliament never returned answer But before the ninth of April some Members of the Commons House had subscribed in pursuance of the Act of Parliament for the reducing the Rebells of Ireland and subsigned unto sixty thousand four hundred and fifty pounds but how or when paid I do not finde The County of Bucks lend freely six thousand pounds upon the said Act for Ireland with great thanks to that County and with promise of very high acceptation if other Counties will part with their moneys so freely which shall be repaid them out of the Bill of four hundred thousand pounds to be raised for that service but how or when repaid I finde not The Parliament apprehending the Kings desire to lay hold on the Magazine at Hull pretend great necessity of Arms and Ammunition at the Tower of London being much diminished from thence by Supplies to Ireland and desire to have it lodged here in more safety than Hull and with easier transport for Ireland And to sweeten it to the peoples apprehension this Petition is accompanied with a charitable Prayer that the Reprieve of six Priests in New-gate may be taken off and they executed This Design concerning Hull presaged the cause of much mischief the ground of war and the first eminent effects of their power in the Militia and therefore the King returns to them a sharp Answer Rather to have an Account from them why a â—arison was placed there without his consent and Souldiers billeted without Law and express words of the Petition of Right than to be moved to remove his Magazine without reason or judgment He would know why his own inclination on the general rumour of Papists was not as sufficient for him to put the
by consent of the major part of our Council attested under their hands Which in effect being granted is to depose our self and posteritie These being past we may be waited on bare headed our hand kist be called Majestie and the Kings Authoritie declared by Parliament may be still the style of your Commands We may have Swords and Maces born before us and please our self with the sight of a Crown and Scepter Nor would these Twigs flourish when the Stock were dead and we receive but the picture and sign of a King We were ever willing our Parliament should debate such matters proper for them but not to extend their Resolutions beyond what is proper to them and so by degrees you draw as well all the causes as all the faults of Westminster-hall That the course of Law be not diverted as was actually done in the stop of the proceedings against a Riot in Southwark by Order of the Lower House by countenancing such popular Insolencies and discountenance to Law That you descend not to the leasure of recommending Lectures to Churches nor ascend to the Legislative power to command such to be received without approbation of either Parson or Bishop nor regarding whether they be Orthodox Learned or Moderate or have taken Orders and are not depravers of the Book of Common Prayer concerning you in dutie and the Common-wealth in consequence to be carefull there And that our Forts may not be seized our Arms not removed our Money not be stopt our legal Directions not to be countermanded by you nor such entrance be made upon a real War against us upon pretence of an imaginarie War against you and a Chimaera of necessitie We could have wished you had exprest what matters you meant as fit to be transacted onely in Parliament and what you meant by onely in Parliament You have been taught new Doctrines to debate what was never used within you walls to do but been trusted with our Predecessours and us which without the regal Authoritie since there were Kings of this Kingdom were never transacted It therefore concerns us the more that you speak out that the World may know the bottom of your Demands or know them to be bottomless What is more proper for the Parliament than the making of Laws but then you must admit us a part of the Parliament You must not denie us the freedom of our Answer when we have as much Right to reject what we think unreasonable as you have to propose what you think necessarie nor is it possible our Answers either to Bills or any other Propositions should be wholly free if we may not use the libertie of every one of you and receive advice from any persons in which the manage of our Vote is trusted by the Law to our own judgment and conscience which how best to inform is likewise left to us and most unreasonable it were for two Estates proposing something to the third that third should take no advice but from those two that did propose it We shall ever in these things not decline the advice of our great Council and shall also use to hear willingly the debate of our Privie Council and they shall not be terrified from that freedom by Votes and Brands of Malignants and Enemies to the State admitting no more than the nature of the business requires and of discoursing with whom we please and of what we please and not to tie our self not to hear any more than twentie five out of a Kingâ—dom so replenished with judicious and experienced persons in several kindes yet we shall alwaies look upon their Advices as Advices not as Commands or Impositions and upon such persons as our Counsellours not as Tutours or Guardians and upon our self as their King not as their Pupil or Ward And it is not plainly exprest in the first part of the second Demand whether they meant us so much as a single Vote in these affairs and no more power than every one of the rest of our fellow Counsellours onely leaving to us of all our ancient power a choice and great care is taken that the Oath which these men shall take shall be such in the framing as that we may be wholly excluded and that wholly to be agreed upon by the Parliament And to shew there is no more care taken of our safetie than of our power after our Town and Fort kept from us which sure your selves will not denie to be Treason our Arms taken and our Goods sent away our Money stopt our Guards are not onely desired to be dismissed but it is likewise desired that we shall not for the future raise any Guards or Forces but in case of actual Rebellion or Invasion whicâ— if it had been Law in our famous Predecessours few of those Victories which have made this Nation famous could have been legally atchieved nor could Queen Elizabeth have so defended her self in Eightie Eight and if no Forces may be raised untill Rebellions or Invasions be actual they must no doubt be effectual and prevalent And as neither care is taken for our Rights Honour nor Safetie as a Prince so our Rights as a private person are endeavoured to be had from us It being demanded that it may be unlawfull and punishable not onely to conclude but even to treat of any Mariage with any person for our own Children or to place Governours about them without consent of Parliament and in the intermission of these without the consent of our good Lords of our Council More despicable than any of our Predecessours or than the meaner and viler of the lowest of our Subjects who value no libertie more than that of desposing their Children from which we are asked to debar our self and have reason the more to take it ill we are so because that for the choice of a Governour for our Son and a Husband for Daughter we conceived we had reason to expect your thanks and the increase of your future Trusts We suppose these Demands by this time appear such as the Demanders cannot have such real fear of us as hath been long pretended they are too much in the style not onely of Equals but of Conquerours But we call God to witness that as for our Subjects sakes these Rights are vested in us so for their sakes and our own we are resolved not to quite them nor to sâ—bvert the ancient equal happie well poised and never enough commended Constitution of the Government of this Kingdom not to make our self of a King of England a Duke of Venice and thus of 〈◊〉 Kingdom a Republick There being three kindes of Government Absolute Monarchy Aristocracy and Democracy and in all these their particular convenienceâ— and inconveniences the experience and wisdom of your Ancestours hath molded this out of a mixture of these with the conveniences of all Three without the inconveniences of any One as long as the Ballance hangs even between the three Estates and in their proper Chanel begetting
without the Kings consent were to introduce an Arbitrary Government to which he will never permit The King therefore having by his Proclamation the seven and twentieth of May last prohibited all persons upon their Allegeance to Muster Levy or summon without his consent by warrant or writ from his great seal And that antiently by Statute 5 H. 4. and by subsequent Records his Predecessors have exercised the power of the Militia by Commissions of Array therefore He thinks fit so to do Authorizing you or any three or more of you to Array and Train his people whereof you the Earl of Huntington and in youâ— absence William Earl of Devon or Henry Hastings Esq to be one That for the present you cause to be mustered all the ancient Trained Bands and Freehold Bands of the County and over them to appoint Colonels Captains and Officers Issue warrants for Assembling the people for discharge of that service of all which He expects a plenary accompt The Commission was directed to the Earls of Huntington and Devon Henry Hastings his son Henry Berkley George Villierâ— Thomas Burton Baronets Henry Skipwith Iohn Shepington and Richard Halford Knights and Baronets Wolston Dixey Richard Roberts Iohn Bole Thomas Harlop Erasmus De la fountain and William Iones Knights Henry Hastings George Ashley and Iohn Hate Esqs and to the Sheriff of Leicester-Shire to the same effect as aforesaid the twelfth of Ianuary 18 Car. per ipsum Regem Willis The Parliament ponder hereupon and after serious debate for it much concerned They resolved upon the Question That this Commission was against Law the liberty and property of the Subject And that the Actors therein shall be esteemed disturbers of the Peace and betrayers of the Subjects Lâ—bertie The twentieth of January The King goes on Summons his Lords and his Privy Council attending him at York and declares That He will not require any obedience from them but by the Law of the Land Nor that they yield to any Commands not legally imposed by any other That he will defend them and all others from such Commands and from Votes and Orders of Parliament and defend the true protestant Religion the Lawful liberty of the subject and the just priviledges of the three Estates of Parliament and according as he performs so he expects further Obedience That He will not â—ngage them in any war against the Parliament except for necessary defence against such as invade him or them On which they ingage to him their duty Allegeance in the like answer subscribed by all present which we shall record to posterity for their Loyalty then and of some of their defection after Lord Keeper Littleton Duke of Richmond Marquess Harford The Earls of Lindsey Cumberland Huntington Bath Southampton Dorset Salisbury Northampton Devonshire Cambridge Bristol Westmerland Barkshire Monmouth Rivers Newcastle Dover Carnarvan Newport The Lords of Mowbray and Matravers Willoughby of Ersby Richard Howard of Charlton Newark Paget Chandos Fawconbridge Pawlet Lovâ—lace Savile Coventry Mohun Duâ—smore Saymour Grey of Ruthen Capel Falkland Master controller Secretary Nicholas the Chancellor of the Exchequer Chief Justice Banks The King sends his Letters to the Lord Mayor Aldermen and Sheriffs of London Commanding them not to levy Arms nor raise mony upon pretâ—nce of a Guard to the Parliament But if they shall lend money towards the relief of Ireland as he hath don however the mony be disposed or towards the paiment of his Scots Subjects he shall esteem it an acceptable service if otherwise he shall take it as contempt to him and his authority and shall be compelled â—o question their Chartâ— therein And publishes a General Declaration That having these last seven Moneths met with so many several encounters of strange and unusual Declarations of Parliament He is not amazed with any new Prodigy of that kind and their last of the six and twentieth of May gave warning that they having spent their stock of reproachful language upon Him He was to expect they should now break out into disloyal actions for by that they divested Him of his Authority and assumed it to themselves and now they put forth the fruits of that supream power by their propositions for raising forces under pretence of preserving peace for defence of the King deceiving the People as if the danger were great and he consulted therein Sums up the Parliaments ridiculous devised fears and Jelousies Protests his former and still unshaken Resolutions for Peace for Religion for the Laws and for the Subjects Liberties Advising them not to contribute their power and assistance to ruine Him and themselves satisfies them in all the causeless and groundless scandalous Rumors and Reputations raised against his person and Honour And so excites all his loving Subjects according to their Oaths of Allegeance and Supremacy their Vow and Protestation to contribute their best assistance for the opposing and suppressing of the Trayteâ—ous attempts of such persons as would destroy his Person Honour and Estate and engage the Kingdom in a Civil war He declaring that whoever shall bring into him Money or Ammunition Horse or Arms for his or the publique defence shall receive 8. 1. per cent consideration and shall receive good assurance of the principal and interest upon his Forest Lands Parks and Houses better he saith than the security of the onely name Publique faith All the said Lords subsigning to a Profession disavowing any Preparations or Intentions of war against the Parliament but only endeavouring the firm and constant Parliament of Religion and Laws of peace and prosperity of this Kingdom And by publique Proclamation forbids all Levies of forces without his express pleasure and all contributions or assistance to any such Levies These statutes in force impowring the King and no other to raâ—se Arms as 7 Edw. 1. The statute of Northampton 2 Edw. 3. That in the 11 of Rich. 2. He being under age the Duke of Glocester and other Lords upon pretence for the King raised forces and subdued their adversaries they procured a special Act of pardon for it In the Reign of H. 8. the Earl of Shrewsbury to suppress a suddain Rebellion did without the Kings warrant raise Arms and Mastered the Traytors yet was forced to obtain his Pardon By the Statute 25 of Edw. 3. It is Treason to Levy war against the King in his Realm It was the case of the Earl of Essex upon pretence of but removing some ill Councellors about Queen Elizabeth and adjudged Treason It is the present excuse of the Irish Rebels for defence of the Kings authority and of his Kingdome Wat Tyler Iack Cade and Kit the Tayler wanted not such publique pretences which were perhaps just causes of complaints though not of raising Men. Then to the Parliaments distinction betwixt the Kings person and his authority and so his person at York but his Authority in Parliament See Cook 7 Rep. Coloins case The Oath of allegeance by the Common
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
this Kingdom by a most wicked and cruel Rebellion there and to divide the King from his Parliament and people here and by false slanders and imputations of things never done nor intended by us hath incensed his Majestie so as that after many bitter Invecâ—ives published against us without any just cause given he hath now at lastresolved to set up his Royal Standard and draw his Sword for the destruction and ruine of his most faithfull and obedient people whom by the Laws and Constitutions of this Kingdom he is bound to preserve and protect The cases and the fortunes of both Estates being so involved and united we cannot expect to be hindred by them in our just defence or that they will do any thing to aggravate the Miseries and Troubles of this Kingdom in the peace and happiness whereof they have found much advantage and by such unfriendly and unseasonable Supplies of our common Enemies make a way to their own as well as our ruine We therefore desire they may betimes look into this mischief and having searched it into the bottom to stop the further progress of it That they will not suffer more Ordnance Armour or any other like warlike provision to be brought over to strengthen those who as soon as they shall prevail against the Parliament according to their principles and interests by which they are guided will use that strength to the ruine of those from whom they have had it We desire they would not send over any Countreymen to further our Destruction who were sent to them for their preservation That they will not anticipate the spilling of English bloud in an unnatural civil War which hath been so chearfully and plentifully hazzarded and spent in that just and honourable Waâ— by which they have been so long preserved and to which the bloud of those persons and many other Subjects of this Kingdom is still in a manner dedicated but rather that they will cashier and discard from their Employment those that will presume to come over for that purpose And in satisfying these our reasonable and necessarie Desires they shall thereby not onely secure us but themselves yea they shall most of all advantage his Majestie for whose service those things are pretended to be done The question between his Majestie and Parliament is not whether he shall enjoy the same prerogative and power which hath belonged to our former Kings his Majesties royal predecessours but whether that prerogative and power should be imployed to our defence or to our ruine We expect nothing from him but securitie and protection from those mischievous Designs which have been so often multiplied and renewed against us though hitherto through Gods providence as often frustrated It cannot be denied by those who look indifferently on our proceedings and affairs but that it will be more honour and wealth safetie and greatness to his Majestie in concurring with his Parliament than in the course in which he now is but so unhappie hath his Majestie and the Kingdom been in those who have the greatest influence upon his Counsels that they look more upon the prevailing of their own pâ—rtie than upon any those great Advantages both to his Crown and Royal Person which he might obtain by joyning with his people And so cunning are those Factors for Poperie in prosecution of their own aims that they can put on a counterfeit visage of honour peace and greatness upon those courses and counsels which have no truth and realtie but of weakness dishonour and miseries to his Majestie and whole Kingdom We have lately expressed our earnest Inclinations to that National love and amitie with the United Provinces which is nourished and confirmed by so many civil respects and mutual interests as makes it so natural to us that we have this Parliament in our humble Petition to his Majestie desired we might be joyned with that State in a more near and strait League and union And we cannot but expect some returns from them of the like expressions and that they will be so far from blowing the fire which begins to kindle amongst us that they will rather endeavour to quench it by strengthening and encouraging us who have no other Design but not to be destroyed and preserve our Religion save our selves and the other Reformed Churches of Christendom from the massacres and extirpations with which the principles of the popish Religion do threaten us and them which are begun to be acted in Ireland and in the hopes endeavours and intentions of that partie had long since been executed upon us if the mercie favour and blessing of Almightie God had not superabounded and prevented the subtiltie and malignitie of cruel wicked and bloud-thirstie men And thus being fleshed they go on amain having seized the Kings Magazines Forts Navy and Militia leaving him naked and indisposed no doubt to the beginning of this War whereof himself complains How untruly I am charged says he with the first raising of an Armie and beginning this Civil War the eys that onely pitie me and the loyal hearts that durst onely pray for me at first might witness which yet appear not so many on my side as there were men in Arms listed against me mine unpreparedness for a War may well dishearten those that would help me while it argues truly mine unwillingness to fight yet it testifies for me that I am set on the defensive part having so little hopes or power to offend others that I have none to defend my self or to preserve what is mine own from their prerâ—ption No man can doubt but they prevented me in their purposes as well as their injuries who are so much before hand in their preparations against me and surprisals of my strength Such as are not for them yet dare not be for me so over-aw'd is their loyaltie by the others numbers and terrours I believe mine innocencie and unpreparedness to assert my Rights and Honour makes me the more guiltie in their esteem who would not so easily have declared a War against me if I had first assaulted them They knew my chiefest Arms left me were those onely which the Ancient Christians were wont to use against their Persecutours Prayers and Tears These may serve a good man's turn if not to conquer as a Souldier yet to suffer as a Martyr Their preventing of me and surprizing my Castles Forts Arms and Navie with the Militia is so far best for me That it may drive me from putting any trust in the arm of flesh and wholly to cast my self into the protection of the living God who can save by few or none as well as by many He that made the greedie Ravens to be Elias's Caterers and bring him food may also make their surprizal of outward force and defence an opportunitie to shew me the special support of his power and protection I thank God I reckon not now the want of the Militia so much in reference to mine own protection as my
confined by the Parliament at VVestminster Earl of Chesterfield and the Lord Mountague of Boughton These Members then disabled by Accidents have appeared since Peter Venebles Sir Io. Pawler Edward Bagshaw Sir Io. Burlacie Fr. Newport Anthony Hungerford Io. Russel Thomas Chichely Earl of Cork Sir Iervase Cliâ—ton Sir Guy Palmes Ro. Sutton Iervase Hollis Sir Patrick Curwin Sir Henry Bellingham Sir George Dalston Sir Thomas Stanford Sir VVilliam Dalston Mich. VVharton Sir Ro. Hutton Iames Sindamore Sir Io. Brich Sir Io. Stepny Imployed in his Majesties Service Sir Io. Finch Hugh Porter VValter Kurle VVilliam Stanhop Sir VVilliam Carnaby Sir Thomas Danby Io. Fennich Ralph Sneade Sir VVilliam Ogle Sir Thomas Iermin Sir Iohn Stowell Sir Robert Strickland Sir Ph. Musgrave Io. Coucher Io. Coventry Sir Henry Slingsby Sir Io. Malory Io. Bellasis Sir Thomas Ingram Lord Mansfelt Thomas Hebelthaite Sir Hugh Cholmly Sir George VVentworth Sir VValter Lloyd Iohn Vaughan Richard Ferrers George Hartnoll Sir VVilliam Udall Robert Hunt Thomas May. Sir Thomas Bourcher Sir Thomas Roe These Members taking into consideration the distressed estate of this Kingdom did the seven and twentieth day of this instant Ianuary send a Letter to the Earl of Essex for a Treaty of peace signed by all the Members with order to be published to this effect My Lord His Majesty having by his Proclamation of the two and twentieth of December last upon occasion of this Invasion by some of his Subjects of Scotland summoned all of the Members of both Houses of Parliament to attend him here at Oxford inviting us in the said Proclamation by these gracious Expressions That his Subjects should see how willing he was to receive advice for preservation of the Religion Laws and Safety of the Kingdom and as far as in him lay to restore it its former peace and security his chief and onely end from these whom they had trusted though he could not receive it in the place where he appointed VVhich hath been made good to us and seconded by such unquestionable Demonstrations of his deep and princely sense of the miseries and calamities of his poor Subjects in this unnatural VVar and his passionate affection to redeem them from that deplorable condition by all ways consistent with his Honour or with the future safety of the Kingdom c. We being most intirely satisfied of this truth and sensible of the Desolations of our Countrey and further Dangers threatned from Scotland c. And we being desirous to believe your Lordship however ingaged a person likely to be sensibly touched with these considerations do invite you to that part in this blessed work wich is onely capable to repair all our miseries and buoy up the Kingdom from ruine VVe therefore conjure you by all obligations that have power upon honour conscience or publick piety you will co-operate with us to its preservation by truly representing to and promoving with those by whom you are trusted this our Desire That they joyning with us in a right season some persons be appointed on either part to treat of such a Peace as may redeem it from the brink of desolation This Address we make being assured by his Proclamation of Pardon that his mercy and clemency can transcend all former provocations God Almighty direct your Lordship and those whom you shall present with these our real Desires as may produce a happy peace c. Your affectionate Friends c. Oxford Jan. 27. 1645. To these he returns no Answer to them but sends this Letter to the Parliament at Westminster where it wrought upon the Members according to their several affections The haste which the Scots Covenanters made rushed in their Army into England the sixteenth of Ianuary consisting of eighteen thousand Foot and two thousand Horse marching forwards till they came to the warm Sea-coal fires at Newcastle they knew the way hither having fared so well the time before in their first Expedition their then General and they being well rewarded here and at home by the Kings indulgent graces he following them into Scotland confirming unto them in full Parliament all the Privileges of Kirk and Kingdom and conferred many Honours and Offices He having done all this as before in particulars and ere he took leave to return wishing them to continue in allegeance and live in peace and if any difference should happen in England which he hoped God would divert he desired them to continue Neuters though he might expect Aid yet he would not disturb the Peace of his native Countrey To which they all obliged themselves by revival of their own Act to that purpose and at the publishing one of their chief that had been their General in the said Expedition fell on his knees and lifting up his arms and hands to Heaven wished they might rot to his body before he died if ever he would heave them up hereafter or draw his Sword against his gude King yet this Wretch Sir Alexander Lesly whom the King had made Lord Leven comes General of this Army also But their Harbinger came before them a Declaration spread abroad for satisfaction to their Brethren of England intentionally to answer three Questions The justness of their Cause The lawfulness of their calling thereunto And the faithfulness of their carriage therein For the first they appeal to the great Searcher of all hearts who knows that had not the love of Christ requiring to bear one anothers burthen and the Law of Nature challenging our endeavour to prevent our own Danger inveloped with our Neighbours and our Duty and Desire of rescuing the King from his pernicious Council we could with far more content have enjoyed our dry Morsel than entered into your Houses full of Sacrifices with strife c. And we profess before God and the world our hearts are clean and free from any other intentions than those expressed in our Solemn League and Covenant confederate with England viz. Reformation of Religion Honour of the King Peace of the Kingdoms Secondly and because a good necessarily requires a good Calling c. Providence hath so provided that the Parliament of England have a particular obligation upon this our Nation for refusing to countenance a VVar against us in 1640. and now desire our assistance to them and so with the sense of Piety Religion Honour and Duty to their Sovereign we may not resist our Call to this Expedition Thirdly then for our carriage herein we shall order our Army from Insolencies Rapines Plunderings and other calamities incident to War And we do freely give the Publick Faith of the Kingdom of Scotland unto the Kingdom of England that neither our entrance into nor continuance in England shall be made use of to other ends than is expressed in that Covenant which we shall keep inviolable And call God to witness their onely intent of VVar is to confirm all in Peace and so to return home again How they have performed these let the world judge I
Pietie and Iustice therein And offered to joyn in any course for the good of that Kingdom These being the Particulars it will be considerable how far these Propositions trench upon the Kings rights without any considerable compensation First In that of Religion The Parliaments Commissioners proposed the taking away his whole Ecclesiastical Jurisdiction his Donations and Temporalities of Bishopricks His first Fruits and Tenths of Bishops Deans and Chapters instead whereof the Parliaments Commissioners did not offer to constitute the least dependance of the Clergie upon the King And for this considerable a part of his Revenue they proposed only the Bishops Lands to be setled on him reserving a power even in those Lands as the Parliament shall think fit whereas all the Lands both of Bishops Deans and Chapters if those Corporations must be dissolved doe undoubtedly belong to the King in his own Right And for the Militia as it is proposed The King is so totally divested of the Regal power of the Sword that he shall be no more able either to assist his Neighbour Allies though men were willing to engage therein or to defend his own Dominions from Rebellion or invasion and consequently the whole power of Peace or War the undoubted right of the Crown is taken from him And so for Ireland The power of nominating his Deputy or Officers there of managing or the least medling in that War or making Peace is thereby taken from the King Nay it was proposed to bereave him of the power of a Father Education or Mariage of his own Children and of a Master in the rewarding of his own Servants And it was observed to the Parliaments Commissioners That after a War of neer four years for which the defence of Religion Property of Subjects and Priviledges of Parliament were made the Cause should be treated and concluded in 20. daies the time limited by the Parliament Nor indeed in all the Treaty there hath not been offered to be treated concerning the breach of any Law or of the property of the Subject or priviledge of Parliament but only Propositions for altering a Government established by Law and for the making of new laws by which almost all the old are or may be cancelled and there was nothing insisted on of the Kings Commissioners which was not Law or denied that the other Commissioners have demanded as due by Law And for conclusion of all which we conserve for the last place the Kings Commissioners being agast at the others sudden Declaration of no more time to Treat besought them to interpose with the Parliament that this Treaty may be revived and the whole matters not treated on may be considered and that depending the Treaty to the end they may not Treat in blood there may be a Cessation of Arms and the miserable people may have some earnest of a blessed peace And because they cannot give a present Resolution they are desired to represent all to the two Houses and that the King may have their speedy Answer So then in all the fore-recited passages it may easily be observed First the Parliaments Indisposition and Aversion from Treating Secondly their Impotency and Qualification of their Commissioners to Treat Thirdly their Expostulations and Demands in the Treaty And lastly their Obduration against all Enlargement Prorogation or Reviving of the Treaty The King complaines of what is come to pass the fruitless end of this Treaty that his Commissioners offered full measured Reasons and the other Commissioners have stuck rigidly to their demands the same with their former propositions which had been too much though they had taken him Prisoner and transmitted the command of Ireland from the Crown of England to the Scots which shewes that Reformation of the Church is not the chief end of the Scotish Rebellion But it being in him presumption and no piety so to trust to a good cause as not to use all lawfull means to maintain it Therefore he gives power to the Queen in France to promise that he will take away all the penal laws against the Roman Catholicks in England as soon as he shall be able to do it so be he may have assistance the visible necessity of his affairs so much depending on it the ill effect of the Treaty enforcing And professes in these words I look saies the King upon the way of Treaties as a retiring from fighting like Beasts to arguing like men whose strength should be more in their understandings then in their limbs And though I could seldome get opportunities to Treat yet I never wanted either desire or disposition to it having greater confidence of My Reason then my Sword I was so wholly resolved to yield to the first that I thought neither my self nor others should need to use the second if once we rightly understood each other Nor did I ever think it a diminution of me to prevent them with expresses of my desires and even importunities to Treat It being an office not onely of humanitie rather to use Reason then Force but also of Christianitie to seek peace and ensue it As I was very unwillingly compell'd to defend my self with Arms so I very willingly embraced any thing tending to peace The events of all VVar by the Sword being very dubious and of a Civil VVar uncomfortable the end hardly recompensing and late repairing the mischief of the means Nor did any success I had ever enhance with me the price of Peace as earnestly desired by me as any man though I was like to pay dearer for it then any man All that I sought to reserve was mine Honour and my Conscience the one I could not part with as a King the other as a Christian. The Treaty at Uxbridge gave the fairest hopes of an happy composure had others applied themselves to it with the same moderation as I did I am confident the War had then ended I was willing to condescend as far as Reason Honour and Conscience would give me leave nor were the remaining differences so essential to my peoples happiness or of such consequence as in the least kinde to have hindered my Subjects either security or prosperity for they better enjoyed both many years before ever those demands were made some of which to deny I think the greatest Iustice to my self and favour to my Subjects I see Iealousies are not so easily allaied as they are raised Some men are more afraid to retreat from violent Engagements then to Engage what is wanting in equity must be made up in pertinacie Such as had little to enjoy in peace or to lose in war studied to render the very Name of Peace odious and suspected In Church-affairs where I had least liberty of prudence having so many strict ties of Conscience upon me yet I was willing to condescend â—o far to the setling of them as might have given fair satisfaction to all men whom Faction Covetousness or Superstition had not engaged more then any true zeal charity or love of
the purchasers then the sword had done before Eighty barrels of power did the work most terrible to the Assailants that dreamed not of such an Accident Upon the firing the Cavaliers gave a charge also in the amaze of their Enemy and commanded by Sir Iohn Digby did the execution resolutely and bid farewel at Eleven at night and marched away into Cornwal These were old Souldiers of Gorings and Greenviles and now scattered abroad by this encounter Hopton was shot in the Thigh and Digby in the Head some Prisoners and Horse taken of such as were slaine But the rest kept rendezvouz at Stratton the Prince at Lamiston and Fairfax follows The 25. of February he sends a party of 1000. Horse and 400. Dragoons before he came to Lamiston commanded by Colonel Basset a gallant Gentleman fell upon this forelorn-hope and after a hot skirmish and the whole Army coming near hand he quitted the Town And the Prince hears of this and the forces marching towards Pendennis Castle he quits the place and ships himself with the Lord Capel Lord Culpepper and Sir Edward Hide March the first to the Isle of Scilly The Lord Hopton with some small forces at Trurâ— in Cornwal the General sends him summons Sir Through Gods goodness to his people and his just hand against their Enemies forces being reduced to such condition as to my sense the hand of God continuing with us they are not like to have subsistence or shelter long to escape thence nor if they could have they whither to goe for better To prevent the shedding of more blood I have sent you this summons for your self and them to lay down Arms upon those conditions enclosed which are Christian-like Noble and Honourable to be accepted March 5. Some time was taken up in this Treaty and concluded That the Lord Hopton shall disband his Army in the West the General Fairfax excepting His Lordship to have fifty of his own Horse and fifty of Fairfax for his Convoy to Oxford all strangers to have Passes beyond Seas and to carry with them what is their own without Horses and Arms. All English Officers to go home to their Habitations or if they will beyond Seas Each Colonel to have his Horse and two Men and Horses to wait on them Each Captain one Man and Horse The Troopers Twenty shillings a piece and to goe where they pleased March 13. But Hopton hearing of the ill effects of the Propositions for peace takes shipping with divers other of his Officers and sailed into France where he remained many years after And the West being cleared Fairfax returns back again to the Siege of Bristol where we leave him to take breath And in this time also the Kings party spared not to weaken his Enemies Towns are retaken some surprised encounters answered defeats redoubled death and devastation that I dread to write of all It sufficeth that mostly we have named the Fields and Fights for I have almost done whilst I devote my self to his Majesties pious Meditations upon this subject The various Successes sayes the King of this unhappy war have at least afforded me variety of good meditations sometimes God was pleased to try me with victory by worsting my Enemies that I might know how with moderation and thanks to own and use his power who is only the true Lord of Hosts able when he pleases to repress the confidence of those that fought against me with so great advantages for power and number From small beginnings on my part he let me see that I was not wholly for saken by my peoples love or his protection Other times God was pleased to exercise my patience and teach me not to trust in the arm of flesh but in the living God My sins sometimes prevailed against the justice of my cause and those that were with me wanted not matter and occasion for his just chastisment both of them and me Nor were mine Enemies lesse punished by that prosperity which hardened them to continue that injustice by open hostility which was begun by most riotous and unparliamentary Tumults There is no doubt but personal and private sins may oft-times over-balance the justice of Publick engagements nor doth God account everie gallant man in the worlds esteem a fit instrument to assert in the way of VVar a righteous Cause The more men are prone to arrogate to their own skil valour and strength the lesse doth God ordinarily work by them for his own glory I am sure the event or success can never state the Iustice of any Cause nor the peace of mens consciences nor the eternal fate of their Soules Those with me had I think clearly and undoubtedly for their Iustification the Word of God and the Laws of the Land together with their own Oathes all requiring obedience to my just Commands but to none other under Heaven without me or against me in the point of raising Arms. Those on the other side are forced to flie to the shifts of some pretended Fears and wild fundamentals of State as they call them which actually overthrow the present fabrick both of Church and State being such imaginary Reasons for self-defence as are most impertinent for those men to allege who being my Subjects were manifestly the first assaulters of me and the Laws First by unsuppressed Tumults after by listed Forces The same Allegations they use will fit aâ—y Faction that hath but power and confidence enough to second with the Sword all their demands against the present Laws and Governours which can never be such as some side or other will not finde fault with so as to urge what they call a Reformation of them to a Rebellion against them some Parasitick Preachers have dared to call those Martyrs who died fighting against me the Laws their Oaths and the Religion Established But sober Christians know that glorious title can with truth be applied only to those who sincerely preferred Gods truth and their duty in all these particulars before their lives and all that was dear to them in this world who having no advantageous designs by any Innovation were religiously sensible of those Ties to God the Church and my self which lay upon their Souls both for obedience and just assistance God could and I doubt not but he did through his mercy crown many of them with eternal life whose lives were lost in so just a Cause the destruction of their bodies being sanctified as a means to save their soules Their wounds and temporal ruin serving as a gracious opportunitie for their eternal health and happiness while the evident approach of death did through Gods grace effectually dispose their hearts to such Humility Faith and Repentance which together with the Rectitude of their present engagement would fully prepare them for a better life then that which their enemies brutish and disloyal fiercenâ—sse could deprive them of or without Repentance hope to enjoy They have often indeed had the better against my side in the
without the House of Lords We the Commons c. remembering that in the beginning of this War divers Protestations Declarations Suggestions c. were spread abroad by the King whereby the sincere Intentions of the Parliament for the publick good were mis-represented and so no need of a present War which is otherwise apparant by discoverie of the Enemies secrets and Gods immediate Blessings and Successes upon the Parliaments affairs and which Mistakes for some time had blemished the justice of this cause that if the Enemie had prevailed how dangerous the consequence would have been is now apparant And now notwithstanding Gods blessing on all our Endeavours Forces and Armies c. there are still the same spirits though under Disguise putting false constructions upon what hath already passed the Parliament as upon the thing under present Debate begetting a belief That we now desire to swerve from our first grounds aims and principles in the undertaking this War to recede from the solemn League and Covenant and Treaties between us and Scotland and that we would prolong these uncomfortable Troubles and bleeding Distractions to alter the fundamental constitution and frame of this Kingdom to leave all Government of the Church loose and unsetled and our selves to exercise the same arbitrary power over the persons and estates of the Subjects which this present Parliament thought fit to abolish by taking away the Star-chamber High Commission and other arbitrary Courts and the exorbitant power of the Council Table All which c. though our former actions are the best Demonstrations of our faithfulness to the publick yet if mis-believed may involve us into new Imbroilments We do declare our Endeavours are to setle Religion according to the Covenant to maintain the fundamental Rights of the Kingdom the Liberties of the Subject to desire a well-grounded peace in the three Kingdoms c. In effect Concerning Church-government we having so fully declared for a Presbyterial Government having spent so much pains taken up so much time for setling of it passed most of the particulars brought to us from the Assemblie of Divines called onely by us to advise of such things as shall be required of them by the Parliament and having published several Ordinances for putting the same in execution because we cannot consent to the granting of an arbitrary and unlimited power and jurisdiction to near ten thousand Iudicatories to be erected within this Kingdom and this demanded in a way inconsistent with the Fundamentals of Government excluding the power of Parliaments in the exercise of that Iurisdiction nor have we yet resolved how a due regard may be had that tender consciences which differ not in any Fundamentals in Religion may be so provided for as may stand with the Word of God and the peace of the Kingdom And let it be observed that we have had the more reason not to part with the power out of our hands since all by-past Ages manifest that the Reformation and purity of Religion and the preservation and protection of the people hath been by Parliament and the exercise of this power our Endeavours being to setle the Reformation in these Kingdoms of England and Ireland in Doctrine Worship Discipline and Government according to the Word of God and the Example of the best Reformed Churches and according to our Covenant Concerning a peace which is the right end of a just VVar to that purpose both Houses of Parliament have framed several Propositions to be sent to the King such as they hold necessary for the present and future safety of this Kingdom some of which are transmitted to our Brethren of Scotland where they now remain whose consent we doubt not to obtain since the Parliament of England is and ought to be sole and proper Iudg for the good of this Kingdom wherein we are so far from altering the fundamental constitution and Government of this Kingdom by King Lords and Commons that we onely have desired that by the consent of the King such powers may be setled in the two Houses to prevent a second and more destructive VVar not judging it wise or safe for the pretended power of the Militia in the King to have any authoritie in the same for the future introducing an arbitrary Government over this Nation and protecting Delinquents by force from the justice of Parliaments the chiefest grounds of the Parliaments taking up Arms in this Cause We do declare we will not interrupt the ordinary course of Iustice nor intermeddle in cases of private interest And as the Parliament have already for the benefit of the people taken away the Court of Wards and Liveries and all Tenures in capite and by Knights Service so we will take special care for the peoples ease in Levies of Moneys and in reducing Garisons Lastly whereas both Nations have entered into a solemn League and Covenant and Treaties between us concluded which we shall and have duly performed that nothing be done to the prejudice of either of them presuming that the good people of England will not receive prejudicate opinions by any forced constructions of that Covenant which is only to be expounded by them by whose authority it was established in this Kingdom April 18. But in great regret the Parliament order that the Preface to the Pamphlet intituled The Scots Commissioners Papers and the stating of the Question about the Propositions of Peace was this day burnt by the Hangman April 21. At length of time the eleventh of Iuly the tedious Propositions are finished and sent to the King by the Committee Earl of Pembroke and Montgomery and the Earl of Suffolk Mr. Goodwin Sir Iohn Hippesley Mr. Robinson and Sir Walter Earl The Propositions in general are these 1. That his Majesty would pass an Act for the Nulling of all Oaths Declarations and Proclamations against the Parliament of England of Scotland their Ordinances or their Adherents 2. The King to swear and sign the Covenant and an Act for the three Kingdoms to swear unto 3. An Act to take away Bishops and their Dependents 4. To confirm by Act the Assembly of Divines at Westminster 5. To settle Religion as the Parliament shall agree 6. In unity and uniformity with Scotland as shall be agreed upon by both Parliaments 7. An Act to be confirmed against Papists 8. Their Childâ—en to be educated in the Protestant Religion 9. And for Levies against their Estates 10. Against saying of Mass in this Kingdom 11. And in Scotland if they think fit 12. For observation of the Lords Day against Pluralities Non-Residents and for Regulating the Universities 13. That the Militia of England Ireland and Wales by Sea and Land be in the hands of the Parliament for twenty years and the like for Scotland and to raise Moneys for the same and to suppress all Forces raised in that time without their authority against all foreign Invasion Provided that the City of London may enjoy their Privileges to raise and imploy their
if the French or any other Nation should be called in thither it might be of dangerous consequence for so the Irish Rebells now threatned in case they should be put to extremity The Picts called for the Scots out of Ireland to assist them against the Britains and having done that Work they fell upon the Picts themselves and destroyed them and so took possession of that part of North Britain which from them ever since takes name of Scotland The like did the Saxons or rather a Rout of Pirates and Sea-Rovers they were no better invited to assist the miserable Britains against the barbarous Scots and put a final stop to their Incursions and after by Surprize of the Nobility of Britania and slew them The Remain of the people fled into the Mountains of Wales and Cornwall where they remain ever since and left the best of the Land to the insulting Saxons Nay did not Heraclius the Greek Emperour call for aid of the Rake-Hell Rabble of Scythians to assist him against the Saracens but no sooner got footing in the Empire and in process of time seized Constantinople slew Constantine the last of the Imperial Race of Paleologs and now possess that Seat the chief Residence for the great Turk descended of those Saracens But these were Pagans and Infidels we are all Christians Truly they can practise the old Rule Si violandum est jus regni causa violandum est in caeteris pietatem colas To gain Kingdoms we may bid Conscience good night And so it was happy for the King that his party called not over the French to fight for him nor would the Parliament at any time make Peace with the Irish wise enough they were to keep down the pride of the treacherous Scot that had good footing there in Ireland See before Anno 1643. the Treaty at Siginstone Septemb. 15. But the Parliament of England had considered of the order and manner of governing of Ireland by a Lord Lieutenant General and whom should they pick out but the Lord Lisle Son to the Earl of Leicester to command all the Forces raised and to be raised in and for reducing that Kingdom with a Council about him both at home and abroad the better to enable him for the Government but not as the Motto sets out Caesar this General went thither and so came home again as hereafter is mentioned The English Forces there in some distress the British in the North in great want but the happiness was that the Rebells were at difference amongst themselves And the thirteenth of May the Lord Lisle had order to beat his Drums to raise six thousand Foot and eight hundred and fifty Horse in England and Wales and for maintaining of these Forces it was ordered Six thousand pounds every six moneths end to the Treasurers for Ireland News came the fifteenth of Iune of the great Defeat given to the English and Scotish Forces in the Province of Ulster and the Parliament ordered five thousand Foot more fifteen hundred Horse to be added to the former Forces ordered in May and Arms Amunition and Victuals speedily to be sent over And notwithstanding the Parliamentary proceedings in Ireland by their advice and directions to such of their own party the King likewise had a particular party under the publick Government of the Marquess of Ormond Lieutenant General of his Majesties Forces for the Government of Ireland to whom he writes for the discharging all further Treaties with the Irish Rebells for any Peace as the Parliament advised the King to write the eleventh of Iune The Lord Broghall and the Lord Inchequin were particularly for the Parliament Broghall had intermixed several Successes against the Rebells he took Castle Lions and Inchequin Castle near Yougball then his Horse marched to Dungarven returning with five or six hundred head of Cattle and besieged the Garison of Blarnly Castle and the next Night gained the Out-works and the next Day set threeâ— Battering Guns against one of their new Flanks sixteen foot thick within the Castle their Powder took fire and blew up and spoiled twenty of their Men which with the bold Attempts of the Besiegers the Castle was surrendered the next Day the fifteenth of Iune two hundred persons to march away who left this exceeding strong place being held by faint hearts for a small space and now delivered up to slender Forces Musgrave was General for the Rebells and with the greatest Army of theirs was set down besieging Banratty against whom they sally out daily with very good Success Notwithstanding the Kings Letters at Newcastle whilest he was under durance That Ormond should not treat with the Rebells yet it seems he had finished and articled into a Peace with them August 1. That the Irish be not bound to take the Oath of Supremacy A Parliament to be held before November All Acts against the Roman Catholicks to be repealed Places of Strength to be in the hands of men of merit But the reason might be the wonderfull misery of the English and Scots Forces there impossible to hold out without any reasonable Food for Man or Horse And it was conceived there by Ormond and the Kings party that it was most convenient for the general good of the Protestants for it soon occasioned a Breach amongst the Rebells the Popes Nuncio and that Clergy protesting against it as being done without their privity and the chiefest of their Towns oppose the Peace as Limrick Waterford Wexford Lemster and Galloway And herein Ormond according to the Articles on either side was to assist against the Opposers of the Peace the fourteenth of Septembeâ— who marching with some thousands towards Kilkenny had intelligence by the way that a party of the discontented Rebells against the Peace had a Design against his person which made him suddenly to return to Dublin Concerning the thirty Articles the Popish Clergy disclaimed them and at a Supream Council ordered That all and singular Confederate Catholicks who shall adhere to the said Peace or consent with the Favourers of it or after any other manner shall entertain and imbrace it are absolutely to be accounted perjured specially for this reason because in these Articles there is no mention made of the Catholick Religion and the security thereof nor any regard had of the Consecration of the Priviledge of the Countrey as it was promised by the Oath But that all things are rather referred to the judgement of our most renowned King From whom in this present estate we can have nothing setled and in the mean time the Armies Weapons and Fortifications and the Supream Councel of the Confederate Catholicks it self are subjected to the Authority and Command of the Council of the State and the Protestant Officers of his Majestie from whom that we might be secure we have taken Oath For which and many other causes being moved only by our Consciences and having God before our eyes that it may be known to all and singular as
have been usefull for the Parliament in case other Successes had failed and therefore he stuck close to them and in the time of all the Wars whilest his two Brothers Rupert and Maurice were fighting for the King their Uncle this Palatine was feasting with the Citizens at London every Thanksgiving Day in effect Drinking their own Healths which was the others Destruction But not to be out of the Gang he was much reformed also and upon his humble Desires was voted by the Commons to sit with the Synod of Divines at Westminster for his assistance in the composure of the Directory which will come out one day And now the six and twentieth of March we finde his Letter to the Lords House and conferred with the Commons Wherein his Highness desires to communicate some Intelligence of great concernment in relation to the Protestant Religion through all Christendom to such Committees as both Houses shall appoint And here were two Committees conjoyned to wait upon his Highness herein and that was all for it came to no more being a Design set on work by a Scotish man who had laboured amongst the Northern Lutherans first then he descends Southwards to the Genevians Oecolampadians Zwinglians Hugonians and now returned hither to the Prebyterians devising how by Articles of the general Fundamentals of Faith professed amongst them all to reconcile them into one certain Creed and so to one professed Reformation against the common Enemy Antichrist presuming that as the Roman Papists agree in the Catholick Cause so the Reformed Churches should setle into a Protestation alike But this Business was too deep for his Highness and too shallow for the Parliament to wade in and so it went off in a puff And during his being here with the Parliament his distressed Uncle the King is disconsolate at Holmby under captivity and guard of the Parliaments Commissioners which makes him contemplate this Soliloquy Yet says he may I justifie those Scots to all the World in this that they have not deceived me for I never trusted to them further than to men if I am sold by them I am onely sorry they should do it and that my Price should be so much above my Saviours These are but further Essaies which God will have me make of mans uncertainty the more to fix me on himself who never faileth them that trust in him though the Reeds of Egypt break under the hand of him that leans on them yet the Rock of Israel will be an everlasting stay and defence God's Providence commands me to retire from all to himself that in him I may enjoy my self whom I lose while I let out my hopes to others The solitude and captivitie to which I am now reduced gives me leisure enough to studie the worlds â—anitie and inconstancie God sees 't is fit to deprive me of Wife Children Armie Friends and Freedom that I may be wholly his who alone is All. I care not much to be reckoâ—ed among the Unfortunate if I be not in the black List of irreligious and sacrilegious Princes No Restraint shall ensnare my Soul in sin nor gain that of me which may make mine Enemies more insolent my Friends ashamed or my Name accursed They have no great cause to triumph that they have got my Person into their power since my Soul is still mine own nor shall they ever gain my Consent against my Conscience What they call Obstinacie I know God accounts honest Constancie from which Reason and Religion as well as Honour forbid me to recede 'T is evident now that it was not Evil Counsellours with me but a good Conscience in me which hath been fought against nor did they ever intend to bring me to my Parliament till they had brought my minde to their obedience Should I grant what some men desire I should be such as they wish meâ— not more a King and far less both Man and Christian. What Tumults and Armies could not obtain neither shall Restraint which though it have as little of Safetie to a Prince yet it hath not more of Danger The fear of men shall never be my Snare nor shall the love of any Libertie entangle my Soul better others betray me than my self and that the price of my Libertie should be my Conscience the greatest Injuries mine Enemies seek to inflict upon me cannot be without mine own consent While I can deny with Reason I shall defeat the greatest impressions of their malice who neither know how to use worthily what I have already granted nor what to require more of me but this that I would seem willing to help them to destroy my self and mine Although they should Destroy me yet they shall have no cause to Despise me Neither libertie nor life are so dear to me as the peace of my Conscience the Honour of my Crowns and the welfare of my People which my word may injure more than any War can do while I gratifie a few to oppress all The Laws will by God's blessing revive with the Love and Loyaltie of my Subjects if I bury them not with my consent and cover them in that Grave of Dishonour and Injustice which some mens violence hath digged for them If my Captivitie or Death must be the Price of their Redemption I grudg not to pay it No condition can make a King miserable which carries not with it his Soul 's his People's and Posterities thraldom After-times may see what the blindness of this Age will not and God may at length shew my Subjects that I chuse rather to suffer for them than with them haply I might redeem my self to some shew of Libertie if I would consent to enslave them I had rather hazzard the Ruine of one King than confirm many Tyrants over them from whom I pray God deliver them whatever becomes of me whose solitude hath not left me alone Judg Ienkins taken at the Surrender of Castle in Wales was convened before a Committee of the House of Commons to answer to some Questions propounded to him To which he gave no Answer but presented them with this Paper I stand committed for high Treason for not acknowledging nor obeying the power of the Parliament by adhering to the King in this War I denie this to be Treason and this is my Reason The supreme power by the Laws of this Land is in the King if he should submit to any Examination derived from your power which by the Negative Oath stands in opposition to the Kings power I should confess the power to be in you and so condemn my self for a Traitour indeed I am sworn to obey the King and the Laws you have no power to examine me by these Laws but by the Kings Writ Patent or Commission and you do not produce either you your selves this Parliament have sworn that the King is our onely supreme Governour your Protestations Vows and Covenant solemn League and Covenant your Declarations all of them publish to the Kingdom
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
wishes me not to grieve and torment my self for him for that would be a glorious death that he should dye it being for the Laws and Liberties of this Land and for maintaining the true Protestant Religion He bid me read Bishop Andrew's Sermons Hooker's Ecclesiastical Polity and Bishop Laud's Book against Fisher which would ground me against Popery He told me he had forgiven all his Enemies and hoped God would forgive them also and commanded us and all the rest of my Brothers and sisters to forgive them He bid me tell my Mother that his thoughts had neâ—er strayed from her and that his love should be the same to the last Withall he commanded me and my brother to be obedient to her and bid me send his blessing to the rest of my brothers and sisters with commendation to all his friends So after he had given me his blessing I took my leave Further he commanded vs all to forgive those people but never to trust them for they had been most false to him and to those that gave them power and he feared also to their own souls and desired me not to grieve for him for he should dye a Martyr and that he doubted not but the Lord would settle his Throne upon his Son and that we should be all happier that we could have expected to have been if he had lived with many other things which at present I cannot remember Elizabeth 7. Another Relation from the Lady Elizabeth The King said to the Duke of Gloucester that he would say nothing to him but what was for the good of his Soul he told him That he heard the Army intended to make him King but it was a thing not for him to take upon him if he regarded the welfare of his soul for he had two brothers before him and therefore commanded him upon his blessing never to accept of it unless it redounded lawfully upon him And commanded him to fear the Lord and he would provide for him 8. A Copy of a Letter from the PRINCE to the KING dated from the HAGUE Ianuary 23. 1648. For the King SIR Having no means to come to the knowledge of your Majesties present condition but such as I receive from the Prints or which is as uncertain Report I have sent this Bearer Seamour to wait upon your Majesty and to bring me an account of it that I may withall assure your Majesty I doe not only pray for your Majesty according to my duty but shall alwaies be ready to do all which shall be in my power to deserve that blessing which I now humbly beg of your Majesty upon Sir Your Majesties most humble and most obedient Son and servant CHARES Hague 23. Ian. 1648. The fatall day appeared Tuesday 30. of Ian. when he praies and receives the Sacrament just at ten a clock before noon he is called upon to come forth from St. Iames's Palace now his prison to go on foot over the Park to White-hall guarded with a Regiment of Foot Souldiers part before and the rest behinde him with Colours flying and Drums beating his private Guard of Partizans about him and Dr. Iuxon Bishop of London next to him on one side and Colonel Tomlinson on the other He bids them go faster That he now went before them to strive for an Heavenly Crown with less sollicitude then he had oftentimes bid his Souldiers to fight for an earthly Diadem Ascending the Stairs up to the Park Gallery into his Cabbinâ—â— Chamber he continued there at his devotion and refused to dine only about twelve a clock he eat a bit of bread and drank a glass of Claret Wine From thence he was conveyed into the Banquetting House and the great Window enlarged out of which he ascends the Scaffold the Rails hung round and the Floor covered with Black the more dreadful because of the Block and Axe with the Executioners disguized with Vizards encountring him yet not affrighted he shewed more care of the people living than fear of his dying for looking round about upon the people whom the thick set Guards and Troops of Horse kept a great distance off and seeing he could not be heard by them omitting probable which he purposed to have spoken to them therefore turning to the Officers and Actors but rather to Colonel Tomlinson he said I would now speak nothing unto you in this place were it not that some men would interpret my silence as an Argument of guilt think that I took on me the Crimes objected with the same conscience as I submit to the punishment with patience I call God to witness of my innocency before whose Tribunal I must shortly appear it never entred into my thoughts to retrench the just priviledges of Parliament and that I raised not any Army before such-time as they had raised Hostile Forces against me which from the Order of proceedings on both sides and Dates of Commissions and Proclamations will be clearly manifested to the inquirer Mean while I acknowledge and submissly own Gods Justice which this day by an unjust Sentence of mine he hath inflicted a just judgment on me for as much as heretofore I would not acquit an innocent man meaning the Deputy of Ireland when oppressed by a most unjust Decree With what charity I embrace my enraged Enemies this good man is my witness pointing to the Bishop of London I pardon them all from my very heart and I earnestly beseech the God of all mercies that he would vouchsafe to grant them serious repentance and remit this great sin Yet I cannot to my last gasp but be sollicitous of the peace of my Kingdom which I am not able at present better to consult for than by chalking out the way from which you of the Souldery have exceedingly deviated and by which you must return to sobriety and peace Herein I perceive you are most miserably out of the way in that by the title of the Sword without all even a shadow of Right you think good to wrest the Government to your selves and endeavour to establish the Kingdom not by the Authority of the Laws but upon the score of Conquest which can never have any accruit of Right unless ushered in by a just Cause and triumph of War namely either for the repulsing of wrongs or recovering of Rights unjustly detained But if more prosperous success shall advance the Victour beyond the modest bounds of just and lawful nought hinders but that the Kingdoms that are erected both be and be accounted great Robberies which we read heretofore a Pyrat objected to Alexander But being out of the way as you are can you by no other expedient return into the right path of peace By no other Council believe me can you hope to divert Gods wrath than by restoreing to God the King the people respectively such things as are their dues you shall give God his due by restoring his pure Worship and Church rightly regulated
law bound to be faithful not to the King only as King but to his Person as King Charles When Hugh Spencer caused it to be written tempore Edw. that Homage and Allegeance was more by reason of his Crown viz. his Kingdome than of his Person and if He can not be reformed by sute of Law nor will redress the evil from the people It ought to be removed by force and that his Liege be bound to govern in ayd of Him and in default of him for this he was condemned by two Parliaments and banished for ever Then to assist the King the people are bound by the duty of their Allegeance to serve and assist him at all seasons when need requires 11 Hen. 7. Cap. 18. And therefore the charges all his loving Subjects from levying forces other then according to a late Act this sessions for the present defence of England and Ireland or contribute money thereto And Proclaimes the Lawfulness of his commissions of Array issued into the several Counties of England and dominion of Wales and of the use of them and their execution And we may expect the Parliaments answer to all And first to the Kings Paper as they call it sent to the Lord Mayor Alderâ—men and Sâ—eriffs of London the fourteenth of Iune They declaim against the Kings proceedings therein mentioned justâ—fie their intents promise a just use and right disposing of the great Loans of money for suppressing the Irish Rebellion conveyed this Paper to be suppressed and do assure themselves that neither the Kings commands nor his threats can deterre the well affected for the publique to do their Duty to the Parliament to contribute their money Horse and Plate for preserving what is most precious Religion Libert Safety the overthow of the Cities Charter and exposing their wives and children to rapine violence and villany and the wealth of this famous City to be a prey to desperate and necessitous persons in which the Parliament will evermore protect them To which the King replies and they again to his Commission of Array and he again to them in such particulars as becomes to be a great Book and now left to the Lawyers to dispute on both sides and to which we refer the reverend readers And now we enter upon the war on both sides and being thus distinguished into faction they also were distinct in terms whether by hap or so designed by themselves The one called the Royal the other the Parliament party untill after a while they were nick-named the Cavaliers and the Roundhead The first a Title of Hoâ—nour to the Gallantest persons throughout Christendome this other I know not from whence derived which reminds me of what I have read That a Prince being ingaged in a foreign expedition and to invite his Subjects to a general assistance with their persons and purses devised a nickname with this odium That he which refused to wait upon him was for ever to be called Truant or Truand from the French or the Greek Trouein consumere quoniam in desidia inertia et otio tempus conterit as we say Truants which fixed upon him and his posterities till the policy of state to avoid friends and factions suppressed that term upon pain of punishment It were not amiss to wish it so with us if that could make us friends But on they go amain and wondrous busie on both sides Matter enough for much History wherein hitherto I have adventured on the Readers patience not to be brief which makes this Book thus big The rather to acquaint you with the manner as well as the matter the several stiles of eithers Publications the one very natural the other more forced But now we come to blowes down right war we are necessitated not to be tedious And because the Transactions are of a double nature Civil and Martial we shall set them apart for the better apprehension of their several stories For Defâ—ciunt arma nisi sunt concilia domi we will therefore afford the affairs of State the first place and the effects of War to follow for Cedant arma togâ— with this advice that although I have with extreme curiosity and pains laboured the truth out of the best Records and Relations and therein ingenious just and true yet the effects of War have been so partially exprest by such as set them down as that therein by comparing their Narratives if I willingly recede from either and make choice of a better Text between them I hope to finde a reasonable excuse professing that I have no self-seeking no self-interest if I forbear the ranting reputation which hath been bestowed on either And although we cannot deny them their equal value yet we shall abate them the numbers of their slain and wish in truth they had been less for fear if you afford them the total sum which they set down it would have depopulated this Nation into women and children The varietie of Actions of this present Age and Government have been very remarkable that of the Militarie not the least worthie though the storie thereof be below the Stage and requires not an uncontroulable pass without a Preface The Event of which War all Christendom have or may expect with admiration and horrour An Historie not to be viewed by intricate parcels but in one intire bodie the rise and progress of things being proceedings perplexed with multiplicitie of interwoven discourses and uncertain Relations partially put together by either partie when three Kingdoms came to be ingaged as too soon it happened and no part in either stand free the labour then must needs be large to lodg things in a narrow room and to comprize the several parts with their just true and perfect measure into little so many divided Plots are not easily to be gathered into a greater harmonie and a more exact symmeâ—rie of parts The life of this Narrative being as well to declare the delinquencie of States as its accomplishment and pretended perfection A standing Monument it must be wherein nothing may be thrust upon the world more than the thing it self But withall we shall endeavour a true Rehearsal of such particulars and rare changes as are more deserving to grace the composure and affect the Reader with this Protestation for my self herein Neuter to carrie no Byass affection to any side thereby to deserve a check or suspition to be more true to a Faction or their ends lest I should transgress against the honour of this work which I undertake The great Ingagement of this people in this cause began when the Parliament declâ—red their Resolution of a War quickened by the same principles in the main which did actuate that supreme Court the very motions of a Parliament spirit in the people complying with every Act of theirs whose Remonstrances were received with all obsequious respect more than the Declarations of the King and both of them blown up into a flame This partie intending to maintain