Archbishop Laud upon an Accusation of High Treason by the Commons was committed to the Tower And now Episcopacy it self was called in question and though the Lord Digby made a witty and weighty Speech in Defence of it and Archbishop Usher gave his Judgment for the Moderation and Emendation of it and the Liturgy not the Extirpation thereof yet the Wings of Episcopacy were shrewdly clipt for March 10 the Commons Voted That no Bishop should have any Vote in Parliament nor any Judicial power in the Star Chamber nor be concerned in any Temporal matters and that no Clergy-man should be a Justice of Peace Upon Monday March 26 1640. the Earl of Straffords Tryal began in Westminster-hall the King Queen and Prince being present and the Commons likewise being there as a Committee at the managing their Accusation the Earl of Arundel was Lord High Steward and the Earl of Lindsey Lord High Constable the Earl of Strafford though he had but short warning yet had gotten his Defence ready against the time The Accusation was managed by Mr. Pym consisting of Twenty eight Articles to most of which the Earl made Particular Replies But the Commons were resolved to prosecute him to the utmost and had therefore procured the Parliament of Ireland to prosecute him there also as guilty of High Treason which being unexpectedly produced extorted from the Earl this passionate Expression That there was a Conspiracy against him to take away his Life At which the Commons cryed out against him That standing Impeached of High Treason he durst accuse the Parliament of two Kingdoms of Conspiracy against him But besides all these certain notes were produced against him which were taken by Sir H. Vane in a close Committee of select Counsellors whom the King had chosen to consult about his second Expedition against the Scots out of which it was alledged against the Earl That he had given the King advice to borrow an Hundred thousand pound of the City of London To levy Ship-money rigorously and that his Majesty having tryed the Affections of his People was absolved and loosed from all Rules of Government and might do what power would admit and having an Army in Ireland might imploy it for the reducing of this Kingdom which he was sure could not hold out five months And London being full of the Nobility the Commission of Array was to be set on foot and all Opposers thereof to be severely dealt with To this the Earl replyed That he conceived it lawful for a Privy Counsellor to have freedom of Voting with others and as to the matter of the English Army he thought that the single Testimony of one man Secretary Vane was not of Validity in Law much less in Life and Death and that the Depositions of Secretary Vane was doubtful as appeared by several Examinations and that there were present at the Debate but eight Privy Counsellors whereof two were not to be produced and four others declared upon their Honours that they never heard him speak those words or any like them and lastly that if he had spoken them which he yet granted not that the word This Kingdom could not imply England the debate being concerning Scotland there being not the least intention of Landing the Irish Army in England and concluded his Defence with telling the Lords that he was accused as guilty of Treason for endeavouring to subvert the Fundamental Laws of the Land but it seemed strange to him that it should be Treason together which was not Treason in any part and lastly desired the Lords to consider how their own Priviledges and other Ministers of State would suffer by his Condemnation The Commons must now justifie their Charge by Law to which end they produced the Salvo annexed to the Stat. of 25 Ed. 3. The words were these Because all particular Treasons could not be then defined therefore what the Parliament should declare to be Treason in time to come should be punished as Treason And so this Salvo was to be the Ground work of the Bill of Attainder This being a point of Law the Earl had Council allowed him who answered on his behalf That the Statute which they cited was but a Declarative and a Penal Law awd would no way admit of such Consequential and Inferential Constructions and that this Salvo was repealed by an Act of Parliament in the Sixth of Henry the fourth And so the Court Adjourned without prefixing any time of Meeting for the Commons proceeded to dispatch their Bill of Attainder and April 19 1641 they Voted the Earl Guilty of High Treason upon the Evidence of Secretary Vane and his Notes And upon the 25th they passed the Bill and sent to the Lords for their Concurrence to whom it seemed at first so perplext a business that the Commons were forced to send Mr. Saint John the Kings Sollicitor to confer with them about it who gave them such satisfaction that thence forward they shewed greater propensity to the Earls Condemnation In the mean time the Commons petitioned the King 1. To remove all Papists from Court. 2. For disarming of them generally throughout the Kingdom 3. For disbanding the Irish Army To which the King answered 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. As for the second he is content it shall be done by Law And for the last he had entred into Consultation about it finding many difficulties therein and 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 The House of Commons having finished their Bill of Attainder against the Earl of Strafford and the King fearing the Conclusion and being willing to do some good Office to him His Majesty May 1 1641 calls both Houses together and in a Speech tells them That he had been present at the hearing of that great Cause and that in his Conscience positively he could not condemn him of High Treason and yet could not clear him of misdemeanours but hoped a way might be found out to satisfie Justice and their fears without oppressing his Conscience And so he dismissed them to their great discontent which was propagated so far that May 3. near a Thousand Citizens most of them armed with Swords Cudgels and Staves came thronging down to Westminster crying out for Justice against the Earl of Strafford especially applying themselves to the Earl of Montgomery Lord Chamberlain by whose perswasions and promises their fury was partly abated However they posted upon the Gate at Westminster a List of the Names of those who would have acquitted the Earl whom they stiled Staffordians The Parliament being Informed that some endeavours were used to raise a Disgust in the English Northern Army against their Proceedings they now enter into a National
and to have punished you for it But then Sir the weight that lies upon you in all those respects that have been spoken by reason of your Tyranny Treason breach of Trust and the Murthers that have been committed surely Sir it must drive you into a sad consideration concerning your eternal condition As I said at first I know it cannot be pleasing to you to hear any such things as these are mentioned unto you from this Court for so we do call our selves and justifie our selves to be a Court and a High Court of Justice authorized by the highest and solemnest Court of the Kingdom as we have often said and although you do yet endeavour what you may to dis-court us yet we do take knowledge of our selves to be such a Court as can administer Justice to you and we are bound Sir in duty to do it Sir all I shall say before the reading of your Sentence it is but this the Court does heartily desire that you will seriously think of those evils that you stand guilty of Sir you said well to us the other day you wisht us to have God before our eyes Truly Sir I hope all of us have so that God that we know is a King of Kings and Lord of Lords that God with whom there is no respect of persons that God that is the avenger of innocent blood we have that God before us that God that does bestow a Curse upon them that withhold their hands from shedding of blood which is the case of guilty Malefactors and that do deserve death That God we have before our eyes and were it not that the conscience of our duty hath called us unto this place and this imployment Sir you should have had no appearance of a Court here but Sir we must prefer the discharge of our duty unto God and unto the Kingdom before any other respect whatsoever and although at this time many of us if not all of us are severely threatned by some of your party what they intend to do Sir we do here declare that we shall not decline or forbear the doing of our duty in the administration of Justice even to you according to the merit of your offence although God should permit those men to effect all that bloody design in hand against us Sir we will say and we will declare it as those Children in the fiery Furnace that would not worship the golden Image that Nebuchadnezzar had set up That their God was able to deliver them from that danger that they were neer unto but yet if he would not do it yet notwithstanding that they would not fall down and worship the Image we shall thus apply it That though we should not be delivered from those bloody hands and hearts that conspire the overthrow of the Kingdom in general of us in particular for acting in this great work of Justice though we should perish in the work yet by Gods grace and by Gods strength we will go on with it And this is all our Resolutions Sir I say for your self we do heartily wish and desire that God would be pleased to give you a sence of your sins that you would see wherein you have done amiss that you may cry unto him that God would deliver you from blood-guiltiness A good King was once guilty of that particular thing and was clear otherwise saving in the matter of Vriah Truly Sir the Story tells us that he was a repentant King and it signifies enough that he had dyed for it but that God was pleased to accept of him and to give him his pardon Thou shalt not dye but the Child shall dye thou hast given cause to the enemies of God to blaspheme King I would desire only one word before you give sentence and that is That you would hear me concerning those great imputations that you have laid to my charge President Sir you must give me leave to go on for I am not far from your Sentence and your time is now past King But I shall desire you will hear me a few words to you for truly whatever Sentence you will put upon me in respect of those heavy imputations I see by your speech you have put upon me that I Sir it is very true that President Sir I must put you in mind Truly Sir I would not willingly at this time especially interrupt you in any thing you have to say that is proper for us to admit of but Sir you have not owned us a Court and you look upon us as a sort of people met together and we know what Language we receive from your party King I know nothing of that Pres You disavow us as a Court and therefore for you to address your self to us not to acknowledge us as a Court to judge of what You say it is not to be permitted and the truth is all along from the first time You were pleased to disavow and disown us the Court needed not to have heard You one word for unless they be acknowledged a Court and engaged it is not proper for you to speak Sir we have given you too much liberty already and admitted of too much delay and we may not admit of any further were it proper for us to do we should hear You freely and we should not have declined to have heard You at large what you could have said or proved on your behalf whether for totally excusing or for in part excusing those great and heinous charges that in whole or in part are laid upon You. But Sir I shall trouble You no longer Your sins are so large a dimension that if you do but seriously think of them they will drive you to a sad consideration they may improve in you a sad and serious repentance And that the Court doth heartily wish that You may be so penitent for what You have done amiss that God may have mercy at leastwise upon your better part Truly Sir for the other it is our parts and duties to do that that the Law prescribes we are not here Jus dare but Jus dicere We cannot be unmindful of what the Scriptures tell us For to acquit the guilty is of equal abomination as to condemn the innocent we may not acquit the guilty what Sentence the Law affirms to a Traitor Tyrant a Murtherer and a publick Enemy to the Countrey that Sentence you are now to hear read unto you and that is the Sentence of the Court The Lord President commands the Sentence to be read Make an O Yes and command silence while the Sentence is read O Yes made silence commanded The Clerk read the Sentence which was drawn up in parchment Whereas the Commons of England in Parliament have appointed them an high Court of Justice for the Trying of Charles Stuart King of England before whom he had been three times convented and at first time a charge of high Treason and other crimes and misdemeanors was read in the behalf of the
are just upon me Many times he does pay Justice by an unjust Sentence that is ordinary I will only say this That unjust Sentence * * Strafford that I suffered for to take effect is punished now by an unjust Sentence upon me So far I have said to shew you that I am an Innocent man Now for to shew you that I am a good Christian I hope there is * * Strafford Pointing to Dr. Juxon a good man that will bear me witness That I have forgiven all the world and even those in particular that have been the chief causers of my death who they are God knows I do not desire to know I pray God forgive them But this is not all my Charity must go further I wish that they may repent for indeed they have committed a great sin in that particular I pray God with St. Stephen that this be not laid to their charge nay not only so but that they may take the right way to the peace of the Kingdom for my Charity commands me not only to forgive particular men but my Charity commands me to endeavour to the last gasp the Peace of the Kingdom So Sir I do wish with all my Soul and I do hope there is some here * * Turning to some Gentlemen that wrote will carry it further that they may endeavour the Peace of the Kingdom Now Sirs I must shew you both how you are out of the way and will put you in the way First you are out of the way for certainly all the way you ever have had yet as I could find by any thing is in the way of Conquest certainly this is an ill way for Conquest Sir in my opinion is never just except there be a good just Cause either for matter of wrong or just Title and then if you goe beyond it the first quarrel that you have to it is it that makes it unjust at the end that was just at first But if it be only matter of Conquest then it is a great Robbery as a Pirate said to Alexander that he was the great Robber he was but a petty Robber and so Sir I doe think the way that you are in is much out of the way Now Sir for to put you in one way believe it you will never do right nor God will never prosper you until you give God his due the King his due that is my Successors and the People their due I am as much for them as any of you You must give God his due by regulating rightly his Church according to his Scriptures which is now out of order For to set you in a way particularly now I cannot but only this A National Synod freely called freely debating among themselves must settle this when that every Opinion is freely and clearly heard For the King indeed I will not Then turning to a Gentleman that touched the Ax said Hurt not the Ax that may hurt * * Meaning if he did blunt the edge me For the King the Laws of the Land will clearly instruct you for that therefore because it concerns my own particular I only give you a touch of it For the people and truly I desire their Liberty and freedom as much as any body whosoever but I must tell you that their Liberty and freedom consists in having of Government those Laws by which their Life and their Goods may be most their own It is not for having share in Government Sir that is nothing pertaining to them A Subject and a Soveraign are clean different things and therefore until they do that I mean That you do put the people in that Liberty as I say certainly they will never enjoy themselves Sir It was for this that now I am come here If I would have given way to an Arbitrarie way for to have all Laws changed according to the power of the Sword I needed not to have come here and therefore I tell you and I pray God it be not laid to your charge that I am the Martyr of the people Introth Sirs I shall not hold you much longer for I will onely say this to you that in truth I could have desired some little time longer because I would have put this that I have said in a little more order and a little better digested than I have done and therefore I hope you will excuse me I have delivered my Conscience I pray God that you doe take those courses that are best for the good of the Kingdom and your own salvations Dr. Juxon Will your Majesty though it may be very well known your Majesties affections to Religion yet it may be expected that you should say somewhat for the worlds satisfaction King I thank you very heartily my Lord for that I had almost forgotten it Introth Sirs My Conscience in Religion I think is very well known to all the world and therefore I declare before you all That I die a Christian according to the profession of the Church of England as I found it left me by my Father and this honest man * Pointing to Dr. Juxon I think will witness it Then turning to the Officers said Sirs excuse me for this same I have a good cause and I have a gracious God I will say no more Then turning to Colonel Hacker he said Take care they doe not put me to pain and Sir this and it please you But then a Gentleman coming near the Ax the King said Take heed of the Ax pray take heed of the Ax. Then the King speaking to the Executioner said I shall say but very short Prayers and when I thrust out my hands Then the King called to Doctor Juxon for his Night-cap and having put it on he said to the Executioner Does my hair trouble you who desired him to put it all under his Cap which the King did accordingly by the help of the Executioner and the Bishop then the King turning to Doctor Juxon said I have a good Cause and a gracious God on my side Doctor Juxon There is but one Stage more this Stage is turbulent and troublesome it is a short one But you may consider it will soon carry you a very great way it will carry you from Earth to Heaven and there you shall find a great deal of cordial joy and comfort King I goe from a corruptible to an incorruptible Crown where no disturbance can be no disturbance in the world Doctor Juxon You are exchanged from a Temporal to an Eternal Crown a good exchange The King then said to the Executioner Is my hair well Then the King took off his Cloak and his George giving his George to Doctor Juxon saying Remember * It is thought for to give it to the Prince Then the King put off his Doublet and being in his Wastcoat put his Cloak on again then looking upon the Block said to the Executioner You must set it fast Executioner It is fast Sir King When I
these Queries 1. Whether the King had not lost the Regality of the Narrow Seas since the D. of Buckingham was Admixal 2. Whether his going as Admiral in this last Fleet was not the cause of its ill Success and return without any considerable Action 3. Whether the Kings Treasure hath not been impaired by the Dukes Immense Liberality 4. Whether he hath not Ingrossed all Offices and prefer'd his Kindred to most places 5. Whether he hath not sold places of Judicature 6. Whether Popish Recusants have not dependance upon his Mother and Father in Law These bold Expressions so provoked the King that he immediately sent Sir Richard Weston to demand Satisfaction of the House of Commons whereupon Dr. Turner presently after made a Speech in Vindication and for explaining himself alledging That what he had said was for the good of the Kingdom and not reflecting upon any one in patticular That to accuse upon common Fame he thought to be a Parliamentary way and warranted by the Cannons of the Church the Imperial Laws and by Ancient Presidents The Duke of Suffolk in King Hen. the Sixths time having been accused upon Common Fame He added likewise That Mr. Chancellor himself had presented some persons upon particular Fame and that he knew no reason why himself might not in that place have as ample Priviledge and the further debate of the matter being referr'd till another time Dr. Turner in the mean space writ a Letter to the Speaker to excuse his absence by reason of some Indisposition and to signify his desire of putting himself wholly upon the Judgment and Censure of Parliament Sir William Waller speaking his Opinion concerning Grievances said That the True Cause of them was because as was said of Lewes the 11th of France all the Kings Council Rode upon one Horse And that therefore His Majesty was to be advised as Moses was by Jethro to make choice of Councellors to assist him that should be thus qualified 1. Noble not Upstarts and of a Nights Growth 2. Men of Courage such as would execute their own places and not commit them to undeserving Deputies 3. Fearing God not inclining to false Worship or halting between two Opinions 4. Dealing truly not given to Flattery or favouring Courtship but such as might be safely trusted by the King and Kingdom 5. Hating Covetousness not such as lived upon other Mens Means or that would take Bribes or sell places in Church or State or about the King 6. To be many in the multitude of Councellors there being safety 7. To judg of small matters as well as great the greatest being to be referr'd to the King much less any one Councellor alone to manage all business 8. Elders not young and unexperienced Men through whose rash and unadvised proceedings great Designs many times miscarry And herein he was seconded by Sr. John Eliot who represented to the House The present State of the Kingdom and the great dishonour the King and Kingdom had sustained by several miscarriages and ill management of Matters of the highest Trust he likewise mentioned Two Presidents the first in the 16 year of Hen. 3. when the Parliament denied the Subsidies demanded till the great Officers were Examined and Hugh de Burg being found guilty of Corruption was displaced Another Example was in the 10th year of Rich. 2. when Supply was required and the Commons complaining that the Earl of Suffolk then over-ruled all they returned Answer That they could not give But notwithstanding these Discourses the Commons taking the Kings Necessities into Consideration Voted Three Subsidies and Three Fifteens and that the Bill should be brought in as soon as the Grievances which were represented were redressed They likewise considered of the matter of the Duke of Buckingham and the misimploying the Revenue and ordered that the Duke should again have notice of their Intentions therein But the King observing they did not make such hast as he expected to answer his last Message summons both Houses together and by the Lord Keeper complains to them For not punishing Dr. Turner and Mr. Cook and likewise for searching his Signet Office and also justified the D. of Buckingham to have acted nothing of Publick Imployment without his Special Warrant and therefore forbid them to concern themselves any further therein as looking upon it to be Libelling his own Government lastly he blamed them for being too sparing in the matter of Supply and for ordering the Bill not to be brought in till their Grievances were heard and answered which he would not admit of This was the substance of the Lord Keepers Speech to which the King himself added He must also put them in mind that his Father moved by their Counsel and won by their Perswasions broke the Treaties and that he himself was their Instrument towards his Father and was glad to be Instrumental in any thing which might please the whole Body of the Realm nor was there any then in greater Favour than the Duke whom they now traduced but that now finding him so far intangled in a War that he could make no honourable nor safe Retreat they made necessity their Priviledge and set what rate they pleased upon their Supplies a Practise not very obliging towards Kings and whereas Mr. Cook told them That it was better for them to die by a Forreign Enemy than to be destroyed at home Indeed he thought it to be more Honourable for a King to be Invaded and almost destroyed by a Forreign Enemy than to be despised at home After this at a Conference of both Houses in the Painted Chamber the Duke of Buckingham was commanded by the King to explain some Expressions in the Kings and the Lord Chancellors Speeches which might be subject to misunderstanding which the Duke performed accordingly and then gave a large Account of his Negotiation in the Low Countreys as soon as the Duke had ended the Lord Conway discoursed of the Treaties of Denmark and France and the business of the Navy and affirmed they were not done by single Councel since King James himself commanded it The Commons in Answer to the Kings last Speech presented him with a Remonstrance to this purpose That they gratefully acknowledged His Majesties Expressions of Affection to his People and Parliament That they had taken Mr. Cooks and Dr. Turners words into Consideration and might have given a good Account thereof by this time if his Majesties Message had not interrupted them That they had the Presidents of former Parliaments for searching the Letters of his Majesty and his Secretary of State the Signet Office and other Records upon the like occasions That it was the unquestionable Priviledge of Parliaments to complain of any Person of any degree and their proceedings in relation to the Duke should not prejudice either Crown or Kingdom That they were willing to Supply his Necessities Liberally and Faithfully if Additions might be made of other things which concerned his Service and were now in Consultation
granted to Five Bishops to Execute his Office After which the Bishop Published a Narrative of the Cause and Manner of his Suspension Five of those Gentlemen who were Imprisoned about the Loan had their Habeas Corpus granted and were brought to their Tryal before Sir Nicholas Hyde Lord Chief Justice where after arguing the Case between Council on both sides the L. Chief Justice concluded That since they were Committed by the Kings Authority the Court could not Free them so that they were remanded to Prison till the Order came out for a General Release The Irish Papists in hope of some Remission of the Penal Laws offered to Furnish the King at their own Charge with a standing Army of 5000 Foot and 500 Horse and a large Contribution for securing the Narrow Seas which was opposed in England by Sir John Savil and in Ireland by the Lord Primate of Armagh and divers others as tending to preserve the Papists Interests and sinking the Protestants upon which the L. Deputy moved the Primate to endeavour to prevail with the Protestants to supply the Kings Necessities which he attempted to do in a very learned Speech though not with the expected Success In 1627 being the Third Year of his Majesties Reign the Duke of Buckingham to clear his Reputation as to the Charge of Negligence in his Admiralship with much ado compleated his Naval Forces consisting of Six Thousand Horse and Foot in Ten Ships Royal and Ninety Merchant Men with which he set Sail from Portsmouth June 27 and published a Manifesto of the Kings Affection to the Reformed Churches in France and his displeasure against the last misimploying of his Ships against the Rochellers But by several Accidents this great Design miscarried with the Death of near Two Thousand common Souldiers Thirty Prisoners of Note and Fourty four Colours taken But notwithstanding this Expedition of the Isle of Rhe miscarried yet at Sea there was somewhat better Success a great French Ship was taken upon the Coasts of Holland Laden with great Guns Arms and Ammunition of all sorts to a very considerable value Sir John Pennington likewise took Thirty Four Rich French Merchantmen homeward bound which were all safely brought to England the poor remains of the Army which came from the Isle of Rhe most of them Irish and Scots and consequently rude and boisterous were quartered in the Countrey Villages which was very troublesome to the People At this time the Exchequer was very low and several late Enterprizes having miscarried the Rochellers being also now more distressed than ever the causes of these evils were gravely represented by Sir Robert Cotton to several Lords of the Councill whereupon it was resolved on by the Council that a Parliament should be called and Writs were presently Issued out A Commission likewise passed under the Great Seal for raising Moneys through the Kingdome in Nature of an Excise and the Lord Treasurer was ordered to pay Thirty Thousand Pound to Philip Burmelack a Dutch Merchant to be returned to Sir William Balfour and John Dalbier in the Low Countreys for raising a Thousand Horse which caused strange jealousies and suspicions among the People as if these German Horse were designed to inforce the payment of the Excise There was some discourse about Levying Ship money but it was declined at that time because of the Parliament approaching In the mean time a company of Jesuites were apprehended in an House at Clerkenwell which was designed for a Colledge of that Order where among other Papers a Letter was found discovering their secret Designs they had laid for imbroiling Church and State Upon the 17th of March 1627 the Parliament Assembled the Commons chusing Sin John Finch Speaker the King in a Speech tells the two Houses That the greatness of the danger was such as required a speedy Supply and that therefore they might rest assured it was the principal cause of their Meeting wherein he hoped they would shew themselves such true Patriots of the true Religion the Laws and Liberties of this State and the just defence of their Friends and Allies now in such hazard by Popish Enemies as not to deceive his Expectations which were very great though indeed somewhat nipt by Remembrance of the Distractions of the last Meeting The Lord Keeper likewise Inforc'd the Kings Speech and earnestly pressed them to consider of some speedy way for Supplying his Majesties Necessities Before the Parliament began any debate a Letter came to them Directed To the Members of the House of Commons called A Speech without Doors discovering the Grievances and Inconveniences of the State from one who had been a Member of the former Parliament The first thing taken into Consideration by the Commons was the Grievances of the Kingdom and the first thing Insisted on was the Case of those Gentlemen for refusing the Loan and who notwithstanding their Habeas Corpus were Remanded to Prison and after a long Debate between several Members who asserted the Illegality of the Loan and also their Imprisonment for refusing it the Lord Chief Justice Hyde and several other Judges were desired to declare themselves who justified their own proceedings alledging That if they had granted them Bail upon Habeas Corpus it would have reflected upon the King as if he had unjustly Imprisoned them But in conclusion it was resolved upon the Question in the House of Commons Nemine Contradicente 1. That no man ought to be restrained by the Command of the King or Privy Council without some Cause of the Commitment 2. That the Writ of Habeas Corpus ought to be granted upon Request to every Man that is restrained though by the Command of the King the Privy Council or any other 3. That if a Freeman be imprisoned by the Command of the King the Privy Council or any other and no Cause of such Commitment expressed and the same be returned upon an Habeas Corpus granted for the said Party then he ought to be delivered or Bailed Then the Parliament proceeded to draw up a Petition against Popish Recusants consisting of these particulars 1. That all Laws and Statutes against Jesuites and Popish Priests be put in power and Execution 2. That a strict course be taken for the Apprehending and Discovering of them 3. That all Popish Recusants be prohibited from coming to Court or within Ten Miles of London 4. That no place of Trust or Authority shall be committed to Popish Recusants with several other particulars to the same purpose which Petition was presented from the Lords and Commons to the King by the Lord Keeper who gave a full and satisfactory Answer to every Article after which Five Subsidies were granted to the King which gave so great satisfaction to his Majesty that he sent them Word He would deny them nothing of their Liberties which any of his Predecessors had granted A Petition was then presented against Quartering Souldiers in the Countries to which the King promised an Answer in convenient time
whereupon the Commons fell upon the memorable Petition of Right and after several of the Members had delivered their Opinions at large concerning some Clauses in it the Lords agreed that without any Addition or Preface it should be presented to the King the Substance whereof was 1. They do pray his most Excellent Majesty That no man hereafter be compelled to make or yield any Gift Loan Benevolence Tax or such like Charge without common consent by Act of Parliament and that none be called to make Answer or to take such Oath or to give Attendance or be confined or otherwise be molested or disquieted concerning the same or for Refusal thereof 2. That no Freeman be taken and imprisoned or be disseised of his Freehold of Liberty or his free Customs or be outlawed or exiled but by the lawful Judgment of his Peers or by the Laws of the Land 2. That your Majesty would be pleased to remove the Souldiers and Marriners now Billeted in several Counties and that your People may not be so burdened for the time to come 4. That the late Commissions for proceeding by Martial Law may be revoked and annulled and that hereafter no Commission of like Nature may Issue forth to any Person or Persons whatsoever to be Executed least by colour of them any of your Majesties Subjects be destroyed or put to death contrary to Law and the Franchises of the Law All which we most humbly pray your most Excellent Majesty as their Rights and Liberties according to the Laws and Statutes of this Realm And that your Majesty would also vouchsafe to declare That all Awards Doings or proceedings to the prejudice of your People shall not be drawn hereafter into consequence and Example After this there came a Letter from the King to the House of Lords wherein among other things His Majesty declared it to be his Royal pleasure which God willing he would ever continue and constantly maintain That neither he nor his Privy Council should or would hereafter command to Prison or otherwise restrain the Persons of any for not lending Money nor for any Cause which in his Conscience did not concern the publick good nor would he be drawn to pretend any cause wherein his judgment was not fully satisfied This Sir Thomas Wentworth afterwards Earl of Strafford said Was a Letter of Grace but that the People were not so satisfied but by a Parliamentary way That the debate would spend much time That it was not directed to the House of Commons and that the Petition it self would rectify all mistakes When the Petition of Right was presented to the King the Answer following was quickly returned The King willeth that Right be done according to the Laws and Customs of the Realm and that the Statutes be put in due Execution that his Subjects may have no cause to complain of any wrong or Oppressions contrary to their just Rights and Liberties to the Preservation Whereof he holds himself in Conscience as well obliged as to that of his Prerogative This Answer being Read in the House of Commons was not judged Satisfactory and therefore upon their Humble Petition for a clear and satisfactory Answer to the Petition of Right His Majesty to shew how free and candid his Concessions were to his Subjects sent them this short but full Answer Soit Droit Lait come il est desire Let it be done according to your desire Which Answer was Received with the general joy and Satisfaction of both Houses and the Citizens made Bonefires and Rung Bells and his Majesty for further Satisfaction was pleased to receive into Favour Abbot Archbishop of Canterbury Bishop Williams and several others His Majesty likewise suffered the Commission of Loan and Excise to be cancelled in his presence so that all discontents of every side seemed to be banished In 1628 the Fourth year of his Majesties Reign the Parliament not being satisfied of their former disappointment about the Duke of Buckingham drew up another Remonstrance against him and likewise against Bishop Neal and Bishop Laud which they presented to the King with the Bill of Subsidies His Majesty telling them That he expected not such a Return for his favourable Answer to the petition of Right and as for the Grievances he would take time to consider of them An Information being likewise Exhibited against the Duke in the Star Chamber for divers Offences and Misdemeanors an Order was made in that Court that all proceedings thereupon should be taken off the File by the Kings express Will and Pleasure And because it had been reported by a Member of Parliament that the Duke should say at his Table Pish it matters not what the Parliament doth for without my leave and Authority they shall not be able to touch the Hair of a Dog The Duke made Protestation in the House of Lords That be never had those words so much as in his Thoughts But the King being resolved to hold up the Duke sent so brisk an Answer to their Remonstrances as provoked the Commons who had soon forgot his Majesties late Act of Grace to question his taking Tunnage and Poundage which being of too valuable consideration to be hazarded his Majesty obviated by Adjourning the Parliament to the 20th of October there being several Acts passed by them One About the Lords day Another To restrain the sending any to be Popishly bread beyond the Seas Another for Confirmation of the Subsidies granted by the Clergie and for the grant of Five Entire Subsidies upon the Temporality and divers more Much about this time Dr. Lamb who was in great Favour with the Duke of Buckingham and had been formerly twice Arraigned once for Necromancy and another time for a Rape was killed by the furious Multitude in Lothbury who hated him both for his own sake and the Dukes he being called the Dukes Devil and though he were guarded by four Constables and their Attendants yet the Rabble struk him down beat out one of his eyes and left him half dead on the Ground from whence he was called to the Poultrey Counter where he died according to his own Prediction the year before being pitied by few and loved of none The Earl of Denbigh having a while since sailed with Fifty Ships to the relief of Rochel was repelled with much loss so that despairing of Success he returned back to Plymouth whereupon another Expedition was resolved on with a more considerable Navy and the Duke of Buckingham was designed Admiral who going to Portsmouth in order to hastning of business one John Felton a Leiutenant stabbed him to the heart with a Knife which the Murtherer flying left sticking in his Body till the Duke himself dragg'd it out and immediately after died Felton was soon apprehended by the Servants and laden with Irons and being asked what inclined him to commit so horrid an Action He boldly answered He killed him for the cause of God and his Countrey He likewise fastned a Paper in the Crown of his
done His Character is Expressed by the King his Master in his Eikon Basilike who said He looked upon the Earl of Strafford as a Gentleman whose great Abilities might make a Prince rather afraid than ashamed to Imploy him in the greatest Affairs of State The fall of this powerful man so startled other great Officers of State that several resigned their places About the same time some discontents arose between the Parliament and the English Army in the North but a while after both Armies were disbanded The payment of Tonnage and Poundage had been much questioned since 1628 but now the King at the request of the Commons was content to relinquish his Claim to it and afterward pasied a Bill for Pole-money and two others for putting down the Star chamber and High Commission Courts which had proceeded with too much severity having so far out grown the power of the Law that they would not be limited nor guided by it July 5. A Charge was brought into the House of Commons against Dr. Wren Bishop of Ely being accused of some Treasonable Misdemeanors in his Diocess who thereupon Voted him unworthy and unfit to hold or exercise any Office or Dignity in Church or State and desired the Lords to join with them to request the King for his Removal from his service and so he was committed to the Tower and about the same time the Writs for Ship money and all the Proceedings therein were by the Kings consent adjudged void and 5. of the Judges that gave their Opinions for it were Impeached of high misdemeanors that is Bramston Trevor Weston Davenport and Crawly and Berkly another of the Judges was accused for Treason but no further prosecution was made therein August 6. Both the English and Scotch Armies were disbanded and four-days after the King went toward Scotland and was entertained with great demonstrations of Affection by that Nation and conferred several Places of Honour and Power upon divers of them confirming likewise the Treaty between the two Nations by Act of Parliament October 23 1641. A Horrid and Notorious Rebellion broke out in Ireland which was managed with such secrecy that it was not discovered till the night before it was to have been put in Execution which was in divers places carried on with such fury that Two hundred thousand English Men Women and Children were in a short space barbarously murdered by all manner of most cruel torments that their Devlish minds could invent And this was chiefly occasioned by the Instigation of the Irish Popish Priests Monks and Fryers who every where declaimed loudly against the Protestants saying That they were Hereticks and not to be suffered any longer to live amongst them That it was no more sin to kill one of them then to kill a dog and that it was a mortal and unpardonable sin to relieve or protect any of them Yea the Priests gave the Sacrament to divers of the Irish upon Condition they should spare neither Man Woman nor Child of the Protestants saying That it did them a great deal of good to wash their hands in their blood and that they were worse than Dogs and if any of them died in the Quarrel before their bodies were cold their souls should be in Heaven without ever calling in at Purgatory by the way This bloody Rebellion happened in a time wherein the Irish had all the Priviledges and Liberty they could reasonably expect and the ancient hatred which the Irish had born to the English did now seem to be forgotten Forty Years of Peace having compacted and cemented them together both by Alliances and Marriages which were all now miserably broken and destroyed The Castle of Dublin wherein were Ten thousand Arms and all other Forts and Magazines in the Kingdom were to have been surprized and all the English Protestants that would not joyn with them were to be murdered but the seizing of the Castle was happily prevented by one Owen Conally from some discourse accidentally in a Tavern with one Hugh Mac Mahon Grandson to the Great Earl of Tyrone the night before the intended Execution Upon this Discovery Mac Mahon and Lord Mac-Guire were seized by the Lord Chief Justices of Ireland and many Principal Conspirators escaped that night out of Dublin so was Dublin saved that all Ireland might not be lost in one day But the horrid Design was past prevention as to the General for the Conspirators were in Arms at the day appointed in all the Counties round about and poor English Protestants daily arrived there robbed and spoiled of all they had giving lamentable Relations how their Houses were seized the Towns and Villages fired and in all parts all manner of cruel Outrages and Villanies committed The Lords Justices Sir William Parsons and Sir John Burlace taking those Arms which they found in Dublin and Arming whom they could to defend themselves sent Sir Henry Spotswood to the King then in Scotland with an Account of all that happened who dispatched Sir James Stuart with Instructions to the Lords of the Privy Council in Ireland and to carry all the Money his present Stores would supply He likewise moved the Parliament of Scotland as being nearest for their assistance but they excused it because Ireland was a dependant upon the Crown of England but if the State of England would use any of their men for that service they would make Propositions in order to it At the same time likewise the King sent Post to the Parliament of England and a while after Owen O Conally the First Discoverer of the Plot came to London and brought Letters to the Earl of Leicester who was chosen Deputy but not yet gone over wherein the Lords Justices desired some Reward might be given him upon which the Parliament Voted him a Gift of 500 l. and an Annuity of 200 l. a year and at a Conference of both Houses they passed several Votes for the Relief of Ireland yet little was done till the Kings return from Scotland which was about the end of November The Irish to dishearten the English from any resistance bragged That the Queen was with their Army That the King would come amongst them also and asist them That they did but maintain his Cause against the Puritans That they had the Kings Commission for what they did shewing indeed a Patent themselves had drawn but thereto was affixed an Old Broad Seal which had been taken from an Ancient Patent out of Farnham Abby by one Plunket in the presence of many of their Lords and Priests as was afterwards attested by the Confession of several That the Scots were in the Confederacy with them And to seem to confirm this last they abstained for some time from destroying the Estates or murdering any of that Nation And on the otherside to incourage the Irish they produced pretended Letters wherein they said they were informed from England That the Parliament had passed an Act all the Irish should be compelied to the Protestant worship
King as not willing to have them too strong yet promised to take such care for their security from Violence as he would for the preservation of Himself and Children and if this general Assurrnce would not suffice to remove those Apprehensions he would command such a Guard to wait upon them as he would be responsible for to Almighty God This Answer being unsatisfactory the City joyn with them and in their Common Council drew up a Petition complaining That the Trade of the City was decayed to the utter Ruin of the Protestant Religion and the Lives and Liberties of the Subjects by the Designs of Papists Foreigners and Domesticks more particularly their fomenting the Irish Rebellion by changing the Constable of the Tower and making preparations there By the fortifying of White-hall and his Majesties late Invasion of thâ— House of Commons Whereupon they pray Thaâ— by the Parliaments Advice the Protestants in Ireland may be relieved the Tower to be put into hands of Persons of Trust a Guard appointed for the safety of thâ— Parliament and that the Five Members may not be restrained nor proceeded against but by the Priviledges of Parliament And besides this The King riding into London the Citizens in multitudes flockeâ— about his Coach beseeching him To agree with his Parliament and not to violate their Priviledges To their Petition the King returned Answer That he could not express a greater sense of Ireland that he had done That meerly to satisfie the City he had removed a worthy Person from the charge of the Tower and that the late Tumults had caused him to fortifie White-hall for the security of his own Person That his going to the House of Commons was to apprehend those five Members for Treason to which the Priviledges of Parliament could not extend and that yet he would proceed against them no otherwise than legally And now such numbers of ordinary People daily gathered about Westminster and White-hall that the King doubting of their Intentions thought fit to with-draw to Hampton Court taking with him the Queen Prince and Duke of York where he and his Retinue and Guard quickly increased by accession of divers of the Gentry But the next day the Five Members were triumphantly guarded to Westminster by a great number of Citizens and Seamen with hundreds of Boats and Barges with Guns in them shouting and hallowing as they passed by White-hall and making large Protestations at Westminster of their constant fidelity and adherence to the Parliament About this time the Parliament had notice the Lord Digby and Collonel Lunsford were raising Troops of Horse at Kingston where the County Magazine was lodged whereupon they order That the County Sheriffs Justices of Peace and the Trained Bands shall take care to secure the Countreys and their Magazine and suppress all unlawful Assemblies Lunsford was seized and sent to the Tower but Digby escaped beyond Sea The King removed to Royston at which time Sir Edward Harbert Attorney General is questioned at the Lords Bar to answer concerning the Articles against the Five Members where it had gone hard with him if the King at his earnest Supplication had not taken him off by a Letter to the Lord Keeper Littleton who succeeded L. Finch wherein the King clears the Attorney General and takes the whole business upon himself yet concludes That finding cause wholly to desist from proceeding against the Persons Accused he had commanded his Attorney General to proceed no further therein nor to produce nor discover any proof concerning the same And so this Breach between the King and Parliament seemed at present to be made up At this time the Scots having a considerable Interest in their Britttish Plantations in Ireland make Proposals for Transporting 2500 Souldiers thither which were accepted by both Houses and afterward consented to by the King after which the Scotch Commissioners interposed their Meditation for composing the differences between the King and Parliament which were now grown to too great an height for which Mr. Pym was ordered by the Commons to give them the thanks of the House January 20. The King sends a Message to the Parliament proposing the security of his own just Rights and Royal Authority and That since particular Grievances and Distractions were too many and would be too great to be presented by themselves that they would comprize and digest them into one entire body and send them to him and it should then appear how ready he would be to equal or exceed the greatest Examples of the most Iudulgent Princes in their Acts of Grace and Favour to the People After this the Commons move the Lords to joyn with them in Petitioning for the Militia and the Command of the Tower but they not complying the House of Commons singly of themselves Importune the King to put those things into the hands of the Parliament as the only available means for removal of their Fears and Jealousies But the King not willing to part with the Principal Jewels of his Crown signified to them That he thought the Militia to be lawfully subject to no command but his own and therefore would not let it out of his hands That he had preferred to the Lieutenancy of the Tower a Person of known Fortune and unquestionable Reputation and that he would prefer none but such to the command of his Forts and Castles yet would not intrust the power of conferring those Places and Dignities from himself being derived to him from his Ancestors by the Fundamental Laws of the Kingdom Yet the Commons would not desist but again petitioned and were again refused Soon after divers Petitions were delivered to the Parliament against the Votes of Popish Lords and Bishops in the House of Peers as one from Suffolk with 1500 and another from the Londoners with 2000 hands and a Third from the City Dames All which were Answered That the Commons had already endeavoured Relief from the Lords in their Requests and should so continue till Redress were obtained And shortly after the Lords passed the Bill For disabling all Persons in Holy Orders to have any Place or Vote in Parliament or to exercise any Temporal Jurisdiction At the same time they petition the King again for the Militia and for clearing Kimbolton and the Five Members by his Answer to both which they understood his Resolution Not to intrust the Militia out of himself nor to clear the Members but only by a General Pardon which was unsatisfactory The King now at Hampton Court thought fit to send for all his Domestick Servants of either House of Parliament and particularly the Earls of Essex and Holland but they refused to come excusing themselves with The necessity of performing their duties in Parliament and discharging the Trust reposed in them For which they were put from their Places at Court The Lord Digby about this time sent Three Letters from Middleburg in Zealand where he was fled out of England one to the Queen and two others to Secretary
That if he had the least Thoughts of disagreeing with the happiness of this Kingdom he would not advise with such Councellors as they were And so the upper Schools were assigned to the Lords and the Convocation House to the Commons In this Parliament besides the Prince D. of York L. Keeper Littleton Treasurer Cottington D. of Richmond and Marquess of Hartford there were 19 Earls and as many Lords and 117 Knights and Gentlemen and afterwards 5 Lords and 23 Gentlemen more came to them The first thing they fell upon was to consider of means for effecting a Peace to which end a Letter was written to the E. of Essex and subsigned by all their hands who returned no answer but sent it to the Parliament at Westminster Jan. 16. 1643. The Scots Army entred England by the way of Newcastle being 18000 Foot and 2000 Horse under Gen. Levens For assisting the Parliament in pursuance of the Solemn League and Covenant and declaring the Justness of their Cause which they profess to be Reformation of Religion Honour of the King and Peace of the Kingdoms and that the main end of their coming is to rescue the King from his pernicious Counsellors The Parliament caresse the Scots Army and impower them to assess for themselves the Twentieth part of all Malignants Estates as they called them in the North besides what other Counties were assessed for them But the E. of Newcastle is marching to give them rougher entertainment and the L. Fairfax sent his Son Sir Thomas against him Sir John Mâ—ldrum with 700 men besieged Newarks and is blockt up by Prince Rupert whereupon they parleyed and upon Articles were suffered to march away leaving their Match Bullet Powder Cannon and all other Fire-Arms behind them In the mean time Matters are preparing for Scotland by James Marquss of Montro's who had formerly sided with the Covenanters but now the King understanding he had really forsaken them gives him a Commission to be General Governor of Scotland and orders him Forces to go into the heart of that Kingdom for a diversion to the Scots In the year 1644. the Twentieth of his Majesties Reign Sir Will. Waller defeats the L. Hoptons Forces and takes Winchester and Oliver Cromwell was made Governor of Ely Beudly is surprized by Coll. Fox for the Parliament and the Garrisons of Selby and Heintough are taken by the L. Fairfax and his Son Prince Rupert raiseth the siege at Latham House The King at this time in the presence of the Peers at Oxford received the Sacrament at Christs Church at the hands of Bishop Vsher where he used these solemn Protestations My Lords I espy here many resolved Protestants who declare to the world the Resolution I do now make I have to the utmost of my power prepared my Soul to become a worthy Receiver and may I so receive comfort by the Blessed Sacrament as I do intend the establishment of the True Reformed Protestant Religion as it stood in its beauty in the happy days of Q. Elizabeth without any connivance at Popery I bless God that in the midst of these Publick Distractions I have still Liberty to communicate and may this Sacrament be my damnation if my heart do not joyn with my lips in this Protestation The Parliament at Westminster Voted it Treason for any Member or Member of either House to desert them and to go to the King and they never to be received again The King marcheth out of Oxford and iâ— followed by Essex and Waller he defeats Waller at Cropredy-Bridge and Essex is blockt up by the Kings Forces in Cornwall and July 4th the King sends several Letters to the Parliament about a Treaty of Peace Sept. 12. the Parliament at Oxford Assemble again but falling into Factions and Divisions the King in March following Dissolves them The Earl of Newcastle was besieged in York about two months to whose relief Prince Rupert advanceth Northward with a great Power of Horse and Foot upon whose approach to the City the Beseigers drew off and those within sally out upon their Rear the E. of Newcastle being thus relieved joyns with P. Rupert resolving to follow the Parliamentarians and give them battle which accordingly they did upon a Plain called Marston-Moor where about 9000 men were slain for the Royalists having near routed the Parliaments Army pursued the Chace so far that the Victory was snatcht out of their hands and the Parliament obtained an entire Victory after 3 hours Fight resolutely maintained on both sides After which York was delivered up to the Parliament and they soon became Masters of all the North and Levens the Scotch General takes Newcastle After this Battel which was the greatest both for the fierceness of it and for the number of Souldiers on both sides P. Rupert goes into Lancashire but the E. of Neweastle lately made Marquess with his two Sons and his brother Sir Charles Cavendish General King the Lord Falconbridge the Lord Widdrington the Earl of Cranworth the Bishop of London-derry Sir Edward Widdrington Coll. Carnaby Col. Basset Col. Mouson Sir William Vavasor Sir Francis Mackworth with about eighty other persons upon some discontent refused to engage any further in the Kings Cause and went over to Hamburgh New Levies are now made by the Parliament and 〈◊〉 Attempts were made by the Parliamentarians upon Dennington Castle but in vain The Queen goâ—ng from Oxford to Exeter was there delivered of a daughter June 16 1644. who was called Henrietta Maria and afterward went from thence to Pendenâ—is Castle in Cornwall where she embarqued for France and did not return again to England till His present Majesties Happy Restoration in 1660. Banbury Castle is relieved by Sir William Compton having been besieged about 11 weeks by the Parâ—iamens Forces Coll. Myn is defeated by Massy near Glocester and himself slain and about 170 Officers and Souldiers taken Prisoners Prince Rupert sending 500 Horse and Foot to fortifie Beachly in order to his going to Ashferry they are routed by Massey who soon after takes Monmouth Town Newberry seemed to be a Place destined for Martial exploits for October 27. another great Battel was fought there between the Kings party and the Parliaments under Essex Waller and Manchester wherein the Royalists were worsted and between 4 and 5000 men slain on both sides Novemb. 19. Monmouth is retaken by the Kings Forces December 23. Sir Alexander Carew was beheaded for endeavouring to deliver up the Island of Plymouth to the Kings Forces Two Principal Irish Rebels the L. Macguire and Mac-mahon had been sent from Ireland and imprisoned in the Tower from whence they made their escape but being retaken and Tryed were found guilty of High Treason and were both Drawn Hang'd and Quartered at Tyburn though Macguire pleaded his Priviledge to the Lords as a Peer of Ireland Archbishop Laud having been accused by thâ— Parliament in 1640. as the framer of the Canons 〈◊〉 Convocation and other Delinquencies and thâ— Scots joyning him and the
E. of Strafford in the Grand Accusation charging him for obtruding thâ— Common Prayer Book and Canons and Constitution Ecclesiastical upon their Nation and for advising thâ— King to dissolve the last Parliament and other suâ—â— matters upon which he was first committed to thâ— black Rod and 10 weeks after Voted Guilty of Higâ— Treason and sent to the Tower where he continueâ— 4 years his Charge was endeavouring the subversiâ—â— 1. Of the Lawes 2. Of Religion 3. Of the Priviledgâ— of Parliament And after many times attending on thâ— House Jan. 4. 1644. they passed their Ordinance oâ— Parliament That he should be drawn hang'd and quartered but upon his Petition They voted him to be beheaded which he suffered Jan. 10. after Jan. 30. a Treaty was begun at Vxbridge between the King and Parliament but took no effect Basing House was relieved by the Kings Forces against which Sir William Waller had lost above 1000 men About this time the E. of Essex was cashiered ouâ— of his Command and Sir Tho. Fairfax was Voted General of the Parliaments Forces Col. Rossiter waâ— defeated by Sir Marm. Langdale and the Kings party In April 1645. Collonel Massey defeated by Prince Rupert at Ledbury and Blechington House delivered to the Parliament In May Oxford was besieged the first time and Leicester taken by the King In June Leicester regained by the Parliament Carlisle after 41 weeks siege deliver'd by Sir T. Glenham to the Scots June 14. 1645. was fought that unfortunate Battell at Naseby which proved so fatal to the King and his Cause This fight was exceeding bloody both Armies being very couragious and numerous there not being above 500 odds On the Parliaments side â—ere slain and wounded above 1000 Officers and â—rivate Souldiers but much more was the loss on 〈◊〉 the Kings side there being taken 6 Collonels 8 â—ieutenant Collonels 18 Majors 70 Captains 8 Lieuâ—â—nants 200 Enfigns and other inferior Officers 4500 â—ommon Souldiers many Women 13 of the Kings â—oushold Servants 4 Footmen 12 pieces of Ordinance â—000 Arms 48 Barrels of Powder 200 Carriages all â—heir Bag and Baggage with store of rich Pillage â—000 Horse the Kings Standard and one of his â—oaches and his Cabinet of Letters and Papers which were afterwards published so that it proved a comâ—leat Victory to the Parliamentarians In July the Kings Forces were defeated at Langâ—ort about 200 slain and 1400 Prisoners Pomfret Castle Bridgwater Scarborough and Bath deliverâ—d to the Parliament In August Sherburn Castle taâ—en by the Parliament In Sept. Bristoll surrendred â—o them and the Kings Forces worsted at Routon Heath In October Basing-House taken by Cromwell â—nd L. Digby defeated in York-shire in Decemb. Laâ—â—am House delivered by the Kings Order and Hereâ—â—rd surpriz'd by the Parliament before which â—lace the Scots in August had lost about 1000 men â—n March L. Ashly defeated near Stow. In April 1646. Ruthen Castle Exeter St. Michaâ—ls Mount Dunster Castle and Woodstock yielded Corf Castle taken by Stratagem Sir Tho. Fairfax resolves â—o march to Oxford which put the King upon thoughts of providing for his own safety and therefore April â—3 he goes out of Oxford in Disguise with Mr. Hudâ—â—… a Minister and Mr. John Ashburnham whose Serâ—ant he personated and went to the Scots Army at Newark In May Oxford was besieged and Banbury â—nd Radnor surrendred to the Parliament In June Litchfield Worcester Wallingford Castle Borstall Oxford and Farringdon and yielded to the Parliament In July Gothridge and Pendennis the like and Conway taken by Storm In August Ragland surrendred by the Marquess of Worcester In September Scilly Island and Castle taken Denbigh Castle also yielded In Novemb Gen. Fairfax marched Triumphantly into London In February the Scotch Army having first sold the King for two hundred thousand Pound marched into Scotland and the King was sent Prisoner to Holmby by the Parliament The King being now in the power of his Enemies they remove him from place to place and at length into the Isle of Wight under the Guard of Coll. Hâ—â—mond and afterwards a Treaty of Peace was there begun wherein things were so managed that his Majesties Concessions were Voted satisfactory After which the Army and some part of the Parliament driving on an Interest contrary to Peace turned all such Members out of the House of Commons as they thought would not comply with their Designs and then conveyed the King to Windsor During which time there happened several Bickerings and Ingagements between the Royalists and the Parliamentarians the Royal Party being in all places defeated especially at Maidstone Pontefract Bow Stratford Kingston and Preston where the Scotch Army received a very great Overthrow losing abundance of men And lastly at Colchester where those two gallant Gentlemen Sir Ch. Lucas and Sir George Lisle were shot to death after quarter given contrary to the Law of Arms. After this the Officers of the Army and those Members then left in the House proceeded to that height as to presume to bring the King to Tryal which because it was an unparallel'd Action it may be necestary to give a more particular Account thereof The King goes from Oxford in disguise 1646 The Illegall Tryall of King Charles the 〈◊〉 The Martyrdom of King Charles 1648 Upon the fourth of January 1648. the House of Commons being turned into a Grand Committee passed these following Votes 1. That the People under God are the Original of all just Power 2. That the Commons of England Assembled in Parliament being chosen by and representing the People have the Supream Authority of the Nation 3. That whatsoever is Enacted and Declared for Law by the Commons of England Assembled in Parliament hath the force of a Law 4. That all the People of the Nation are included thereby although the consent and concurrence of the House of Peers be not had thereunto 5. That to raise Arms against the Peoples Representative or Parliament and to make War upon them is High Treason 6. That the King himself took Arms against the Parliament and upon that account is guilty of the Blood-shed throughout the Civil War and that he ought to explate the Crime with his own Blood After this they proceeded to make a pretended Act for the Tryal of the King which they â—ntituled An Act of the Commons of England Assemâ—led in Parliament for erecting of an High Court of â—ustice for the Trying and Judging of CHARLES STUART King of England which was in the â—orm following WHereas it is notorious That Charles Stuart the now King of England not content with those many incroachments which his Predecessors had made upon the People in their Rights and Freedoms hath had a wicked design totally to subvert the ancient and fundamental Laws and Liberty of the Nation And in their place to introduce an Arbitrary and Tyrannical Government with fire and sword levyed and maintained a cruel War in the Land against the Parliament and Kingdom Whereby the Countrey hath been miserably wasted
the publick Treasury exhausted Trade decayed and thousands of People murthered and infinite of other mischiefs committed For all which High and Treasonable Offences the said Charles Stuart might long since justly have been brought to exemplary and condign punishment Whereas also the Parliament well hoping that the restraint and imprisonment of his Person after it had pleased God to deliver him into their hands would have quieted the disturbers of the Kingdom did forbear to proceed judicially against him But found by sad experience that such their remissives served only to encourage him and his Complices in the Continuance of their evil practices and in raising of new Commotions Designs and Invasions For prevention therefore of the like greater inconveniencies and to the end that no Magistrate or Officer whatsoever may hereafter presume traiterously and malitiously to imagine or contrive the inslaving or destroying of the English Nation and to expect impunity in so doing Be it Ordained and Enacted by the Commons is Parliament assembled and it is hereby Ordained and enacted by the Authority thereof That Thomas L. F. O. C. c. shall be and are hereby appointed Commissioners and Judges for the Hearing Trying and Judging of the said Charles Stuart and the said Commissioners or any Twenty or more of them shall be and are hereby authorized and Constituted an High Court of Justice to meet at such convenient times and places as by the said Commissioners or the major part or twenty or more of them under their Hands and Seals shall be appointed and notified by publick Proclamation in the great Hall or Palace-yard of Westminster and adjourn from time to time and from Place to place as the said High Court or the major part thereof meeting should hold fit and to take Order for charging of him the said Charles Stuart with the Crimes above-mentioned and for the receiving his Personal Answer thereunto and for Examination of Witnesses upon Oath if need be concerning the same and thereupon or in default of such Answer to proceed to final Sentence according to Justice and the merit of the Cause and to be Executed speedily and Impartially c. Presently after this was published Proclamation was made That those who had any thing to say against the King should have a hearing given them This was proclamed first in Westminster-Hall by the Serjeant at Arms to the Commissioners Riding into the Hall with his Mace attended with six Trumpeters and other Officers who likewise rode bare into the Hall with him the Drums of the Guard beating in the mean time without in the Palace-yard And the day after Proclamation was made to the same effect in Cheapside and at the Old-Exchange And in order to this grand Tryal Hillary Term which usually begins Jan. 23. was adjourned for fourteen dayes The House of Lords refusing to concur with the Commons in their Ordinance for the Kings Tryal the Commons resolve and Vote That all Members and others appointed to Act in any Ordinance are impowered and enjoyned to Sit Act and Execute notwithstanding the House of Peers joyn not with them And now the Ministers in general and the Presbyterians likewise who had been active against the Kings Cause declare themselves both in their Pulpits and by earnest Petitions to the Parliament to be zealous abhorrers of the Kings death and every where publickly protest against this Tryal The Nobility likewise offer themselves Pledges on the Kings behalf and the People universally seem greatly troubled and astonisht Notwithstanding all which the House of Commons and the Army went desperately on and a New and Illegal Tribunal called An High Court of Justice was erected the Commissioners whereof met in the Painted Chamber to consult what course to take about the Tryal of the King Fryday Jan. 19. 1648. The King was brought with a strong Guard of Horse from Windsor to St. James's and the next day Serjeant Bradshaw President of the pretended High Court of Justice with about seventy of the Members of the said Court having Coll. Fox and sixteen Gentlemen with Partizans and a Sword born by Coll. Humphrey and a Mace by Serj. Dandy with their and other Officers of the faid Court marching before them came to the place ordered to be prepared for their sitting at the West end of the Great Hall in Westminster where the Lord President in a Crimson Velvet Chair fixed in the midst of the Court placed himself having a Desk with a Crimson Velvet Cushion before him The rest of the Members placing themselves on each side of him upon the several Seats or Benches prepared and hung with Scarlet for that purpose and the Partizans dividing themselves on each side of the Court before them The Court being thus set and silence made the great Gate of the said Hall was set open to the end That all persons without exception desirous to see or hear might come into it upon which the Hall was presently filled and Silence again ordered This done Colonel Thomlinson who had the charge of the King as a Prisoner was commanded to bring him to the Court who within a quarter of an hours space brought him attended with about twenty Officers with Partizans marching before him there being Coll. Hacker and other Gentlemen to whose care and Custody he was likewise committed marching in his Rear Being thus brought up within the face of the Court the Serjeant at Arms with his Mace receives and conducts him streight to the Bar where a Crimson Velvet Chair was set for the King After a stern looking upon the Court and the people in the Galleries on each side of him he places himself not at all moving his Hat or otherwise shewing the least respect to the Court but presently rises up again and turns about looking downwards upon the Guards placed on the left side and on the multitude of Spectators on the right side of the said great Hall After Silence made among the people the Act of Parliament for the Trying of CHARLES STVART King of England was read over by the Clerk of the Court who sate on one side of the Table covered with a rich Turkey Carpet and placed at the feet of the said Lord President upon which Table was also laid the Sword and Mace After reading the said Act the several Names of the Commissioners were called over every one who was present rising up and answering to his Call The King having again placed himself in his Chair with his face towards the Court Silence being again ordered the Lord President stood up and said President CHARLES STVART King of England The Commons of England Assembled in Parliament being deeply sensible of the Calamities that have been brought upon this Nation which is fixed upon you as the Principal Author of them have resolved to make inquisition for Blood and according to that Debt and Duty they owe to Justice to God the Kingdom and themselves and according to the Fundamental Power that rests in themselves They have
Silence commanded The Court called Seventy three Persons present The King comes in with his Guard looks with an austere countenance upon the Court and sits down The second O Yes made and silence commanded Mr. Cook Solicitor General May it please your Lordship my Lord President This is now the third time that by the great grace and favour of this High Court the Prisoner hath been brought to the Bar before any Issue joyned in the Cause My Lord I did at the first Court exhibit a Charge against him containing the highest Treason that ever was wrought upon the Theatre of England that a King of England trusted to keep the Law That had taken an Oath so to do That had Tribute paid him for that end should be guilty of a wicked design to subvert and destroy our Lawes and introduce an Arbitrary and Tyrannical Government in the defiance of the Parliament and their Authority set up his Standard for War against his Parliament and People and I did humbly pray in the behalf of the People of England that he might speedily be required to make an answer to the Charge But my Lord instead of making any Answer he did then dispute the Authority of this High Court your Lordship was pleased to give him a further day to consider and to put in his Answer which day being yesterday I did humbly move that he might be required to give a direct and positive answer either by denying or confession of it but my Lord he was then pleased for to demurre to the Jurisdiction of the Court which the Court did then overrule and command him to give a direct and positive Answer My Lord besides this great delay of Justice I shall now humbly move your Lordship for speedy Judgment against him My Lord I might presse your Lordship upon the whole That according to the known Rules of the Law of the Land That if a Prisoner shall stand as contumacious in contempt and shall not put in an issuable plea Guilty or not Guilty of the Charge given against him whereby he may come to a fair Tryal That as by an implicite confession it may be taken pro confesso as it hath been done to those who have deserved more favour than the Prisoner at the Bar has done but besides my Lord I shall humbly presse your Lordship upon the whole Fact the House of Commons the Supream Authority and Jurisdiction of the Kingdom they have declared That it is notorious That the matter of the Charge is true as it is in truth my Lord as clearas Chrystal and as the Sun that shines at noon-day which if your Lordship and the Court be not satisfied in I have notwithstanding on the people of Englands behalf several witnesses to produce And therefore I do humbly pray and yet I must confess it is not so much I as the innocent blood that hath been shed the cry whereof is very great for justice and judgment and therefore I do humbly pray that speedy Judgement be pronounced against the Prisoner at the Bar. President Sir you have heard what is moved by the Councel on the behalf of the Kingdom against you Sir you may well remember and if you do not the Court cannot forget what dilatory dealings the Court hath found at your hands you were pleased to propound some Questions you have had your Resolutions upon them You were told over and over again That the Court did affirm their own jurisdiction That it was not for you nor any other man to dispute the Jurisdiction of the Supreme and highest Authority of England from which there is no Appeal and touching which there must be no dispute yet you did persist in such carriage as you gave no manner of obedience nor did you acknowledge any Authority in them nor the High Court that constituted this Court of Justice Sir I must let you know from the Court That they are very sensible of these delays of yours and that they ought not being thus Authorized by the supreme Court of England to be thus trifled withall and that they might in justice if they pleased and according to the Rules of Justice take advantage of these delayes and proceed to pronounce judgment against you yet nevertheless they are pleased to give direction and on their behalfs I do require you that you make a positive Answer unto this Charge that is against you Sir in plain terms for Justice knows no respect of persons you are to give your positive and final Answer in plain English whether you be guilty or not guilty of these Treasons laid to your Charge The King after a little pause said When I was here yesterday I did desire to speak for the Liberties of the People of England I was interrupted I desire to know yet whether I may speak freely or not President Sir you have had the Resolution of the Court upon the like Question the last day and you were told That having such a Charge of so high a Nature against you your Work was that you ought to acknowledge the jurisdiction of the Court and to Answer to your Charge Sir if you Answer to your Charge which the Court gives you leave now to do though they might have taken the advantage of your Contempt yet if you be able to Answer to your Charge when you have once Answered you shall be heard at large make the best Defence you can But Sir I must let you know from the Court as their commands that you are not to be permitted to issue out into any other discourses till such time as you have given a positive Answer concerning the Matter that is Charged upon you King For the Charge I value it not a Rush it is the Liberty of the people of England that I stand for for me to acknowledge a new Court that I never heard of before I that am your King that should be an example to all the people of England for to uphold Justice to maintain the old Laws indeed I do not know how to do it you spoke very well the first day that I came here on Saturday of the Obligations that I had laid upon me by God to the maintenance of the Libertyes of my People The same Obligation you speak of I do acknowledge to God that I owe to Him and to my people to defend as much as in me lies the ancient Laws of the Kingdom therefore until that I may know that this is not against the Fundamental Laws of the Kingdom by your favour I can put in no particular Answer If you will give me time I will then shew you my Reasons why I cannot do it and this Here being interrupted he said By your favour you ought not to interrupt me how I came here I know not there 's no Law for it to make your King your Prisoner I was lately in a Treaty upon the publick Faith of the Kingdom that was the known the two Houses of Parliament that was the
on that trouble and perpetual inconveniency to the Kingdom that the Child that is unborn may repent it and therefore again out of the Duty I owe to God and to my Countrey I do desire that I may be heard by the Lords and Commons in the Painted Chamber or any other Chamber that you will appoint me President Sir you have been already answered to what you even now moved being the same you moved before since the Resolution and the Judgement of the Court in it and the Court now requires to know whether you have any more to say for Your self than you have said before they proceed to Sentence King I say this Sir That if you will hear me if you will give me but this delay I doubt not but I shall give some satisfaction to you all here and to my people after that and therefore I do require you as you will Answer it at the dreadfull day of judgment that you will consider it once again President Sir I have received direction from the Court King Well Sir President If this must be re-inforc'd or any thing of this nature your answer must be the same and they will proceed to Sentence if you have nothing more to say King I have nothing more to say but I shall desire that this may be entred what I have said President The Court then Sir hath something to say unto you which although I know it will be very unacceptable yet notwithstanding they are willing and are resolved to discharge their Duty Sir you speak very well of a precious thing that you call Peace and it had been much to be wished that God had put it into your heart that you had as effectually and really endeavoured and studied the Peace of the Kingdom as now in words you seem to pretend but as you were told the other day Actions must expound Intentions yet Actions have been clean contrary and truly Sir it doth appear plainly enough to them that you have gone upon very erroneous principles the Kingdom hath felt it to their smart and it will be no ease to you to think of it for Sir you have held your self and let fall such Language as if you had been no wayes subject to the Law or that the Law had not been your Superiour Sir the Court is very well sensible of it and I hope so are all the understanding people of England That the Law is your Superiour That you ought to have ruled according to the Law you ought to have done so Sir I know very well your pretence hath been that you have done so but Sir the difference hath been who shall be the Expositors of this Law Sir whether you and your party out of Courts of Justice shall take upon them to expound Law or the Courts of Justice who are the Expounders nay the Soveraign and the High Court of Justice the Parliament of England who are not onely the highest Expounders but the sole Makers of the Law Sir for you to set your self with your single judgment and those that adhere unto you against the highest Court of Justice that is not Law Sir as the Law is your superiour so truly Sir there is something that is superior to the Law and that is indeed the Parent or Author of the Law and that is the People of England For Sir as they are those that at the first as other Countreys have done did chuse to themselves this Form of Government even for Justice sake that Justice might be administred that Peace might be preserved so Sir they gave Laws to their Governors according to which they should govern and if those Laws should have proved inconvenient or prejudicial to the publick they had a power in them and reserved to themselves to alter as they should see cause Sir it is very true what some of your side have said Rex non habet parem in Regno This Court will say the same while King That you have not your Peer in some sence for you are Major singulis but they will averr again that you are Minor universis and the same Author tells you that in exhibitione juris there you have no power but are quasi minimus This we know to be Law Rex habet superiorem Deum Legem etiam Curiam and so says the same Author and truly Sir he makes bold to go a little further Debent ei ponere fraenum They ought to bridle him and Sir we know very well the stories of old Those Wars that were called the Barons Wars when the Nobility of the Land did stand out for the Liberty and Property of the Subject and would not suffer the Kings that did invade to play the Tyrants here but called them to account for it we know that truth That they did fraenum ponere But Sir if they do forbear to do their duty now and are not so mindful of their own honour and the Kingdoms good certainly the Commons of England will not be unmindful of what is for their preservation and for their safety Justitiae fruendi causa Reges constituti sunt This we learn is the end of having Kings or any other Governours it 's for the enjoying of Justice that 's the end Now Sir if so be the King will go contrary to the end of his Government Sir he must understand that he is but an Officer of trust and he ought to discharge that trust and they are to take order for the animadversion and punishment of such an offending Governour This is not Law of yesterday Sir since the time of the division betwixt you and your People but it is Law of old And we know very well the Authors and Authorities that do tell us what the Law was in that point upon the Election of Kings upon the Oath that they took unto their People and if they did not observe it there weere those things called Parliaments The Parliaments were they that were to adjudge the very words of the Author the plaints and wrongs done of the King and Queen or their Children such wrongs especially when the People could have no where else any remedy Sir that hath been the People of Englands case they could not have their remedy elsewhere but in Parliament Sir Parliaments were ordained for that purpose to redress the grievances of the People that was their main end and truly Sir if so be that the Kings of England had been rightly mindful of themselves they were never more in Majesty and State than in the Parliament but how forgetfull some have been Histories have told us We have a miserable a lamentable a sad experience of it Sir by the old Laws of England I speak these things the rather to you because you were pleased to let fall the other day you thought you had as much knowledge in the Law as most Gentlemen in England it is very well Sir And truly Sir it is very good for the Gentlemen of England to understand that Law
been stories will tell you if you go no higher than the time of the Conquest if you do come down since the Conquest you are the 24th King from William called the Conqueror you shall find one half of them to come meerly from the State and not meerly upon the point of Descent it were easie to be instanced to you the time must not be lost that way And truly Sir what a grave and learned Judge said in his time and well known to you is since printed for posterity That although there was such a thing as a Descent many times yet the Kings of England ever held the greatest assurance of their titles when it was declared by Parliament And Sir your Oath the manner of your Coronation doth shew plainly That the Kings of England and though it 's true by the Law the next person in blood is designed yet if there were just cause to refuse him the people of England might do it For there is a Contract and Bargain made between the King and his People and your Oath is taken and certainly Sir the Bond is reciprocal for as you are the liege Lord so they liege Subjects and we know very well that hath been so much spoken of Ligantis est duplex This we know now the one tye the one Bond is the bond of perfection which is due from the Soveraign the other is the bond of Subjection that is due from the Subject Sir if this bond be once broken farewel Soveraignty Subjectio trahit c. These things may not be denyed Sir I speak it the rather and I pray God it may work upon your heart that you may be sensible of your miscarriages For whether you have been as by your Office you ought to be a Protector of England or the Destroyer of England let all England judge or all the world that hath look'd upon it Sir though you have it by Inheritance in the way that is spoken of yet it must not be denyed that your Office was an Office of Trust and an Office of the highest trust lodged in any single person For as you were the grand Administrator of Justice and others were as your Delegates to see it done throughout your Realms if your great Office were to do Justice and preserve your People from wrong and instead of doing that you will be the great wrong-doer your self If instead of being a Conservator of the Peace you will be the Grand Disturber of the Peace surely this is contrary to your Office contrary to your Trust Now Sir if it be an Office of Inheritance as you speak of your Title by Descent let all men know that great Offices are seizable and forfeitable as if you had it but for a year and for your life Therefore Sir it will concern you to take into your serious consideration your great miscarriages in this kind Truly Sir I shall not particularize the many miscarriages of your Reign whatsoever they are famously known it had been happy for the Kingdom and happy for you too if it had not been so much known and so much felt as the story of your miscarriages must needs be and hath been already Sir That that we are now upon by the command of the highest Court hath been and is to Trie and Judge you for great offences of yours Sir the Charge hath called you Tyrant a Traytor a Murtherer and a publick Enemy to the Common-wealth of England Sir it had been well if that any of all these terms might rightly and justly have been spared if any one of them at all King Ha President Truly Sir we have been told Rex est dum bene regit Tyrannus qui populum opprimet and if so be that be the definition of a Tyrant then see how you come short of it in your Actions whether the highest Tyrant by that way of Arbitrary Government and that you have sought to introduce and that you have sought to put you were putting upon the People whether that was not as high an Act of Tyrannie as any of your Predecessors were guilty of nay many degrees beyond it Sir the term Traytor cannot be spared we shall easily agree it must denote and suppose a breach of Trust and it must suppose it to be done by a Superiour and therefore Sir as the People of England might have incurred that respecting you if they had been truly guilty of it as to the definition of Law so on the other side when you did break your Trust to the Kingdom you did break your Trust to your Superior For the Kingdom is that for which you were trusted And therefore Sir for this breach of Trust when you are called to account you are called to account by your Superiors Minimus ad Majorem in judicium vocat And Sir the People of England cannot be so far wanting to themselves which God having dealt so miraculously and gloriously for they having power in their hands and their great Enemy they must proceed to do Justice to themselves and to you For Sir the Court could heartily desire That you would lay your hand upon your heart and consider what you have done amiss That you would endeavour to make your peace with God Truly Sir These are your high crimes Tyranny and Treason There is a third thing too if those had not been and that is Murther which is laid to your charge All the bloody Murthers that have been committed since this time that the Division was betwixt you and your People must be laid to your charge that have been acted or committed in these late Wars Sir it is an heinous and crying sin and truly Sir if any man will ask us what punishment is due to a Murtherer Let Gods Law let Mans Law speak Sir I will presume that you are so well read in Scripture as to know what God himself hath said concerning the shedding of Mans blood Gen. 9. Num. 35. will tell you what the punishment is and which this Court in behalf of the Kingdom are sensible of of that innocent blood that has been shed whereby indeed the Land stands still defiled with that blood and as the Text hath it It can no way be cleansed but with the shedding of the blood of him that shed this blood Sir we know no Dispensation from this blood in that Commandement Thou shalt do no Murder we do not know but that it extends to Kings as well as to the meanest Peasants the meanest of the People the command is universal Sir Gods Law forbids it Mans Law forbids it nor do we know that there is any manner of exception nor even in mans Laws for the punishment of Murther in you 'T is true that in the case of Kings every private hand was not to put forth it self to this work for their Reformation and punishment But Sir the People represented having power in their hands had there been but one wilful act of Murther by you committed had power to have convented you