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
Non-conformists which caused them to be charged with Faction yet some of the Episcopal Party Asserted That the Communion Table ought to stand in the middle of the Quire according to the Primitive Example and a Book supposed to be written by Dr. Williams B. of Lincoln was Published to this purpose His Majesty considering the good Success of his former Fleet fits out another in the year 1636 under the command of the Earl of Northumberland who going Northward scowred the Seas of the Holland Busses and reduced them to desire leave of his Maiesty to Fish there which the King upon divers Considerations granted them Several Gentlemen of Quality had refused to pay the Imposition of Ship-money and among the rest Mr. Hamden of Buckinghamshire upon which his Majesty refers the whole business to his Twelve Judges in Michaelmas Term 1636 Ten of whom that is Brampton Finch Davenport Denham Jones Trever Vernon Berkly Crawly Weston gave their Judgments against Hamden and his Associates and subscribed their Names to be Inrolled in all the Courts ol Westminster Hall but Hutton and Crook refused it This year March the 17. the Kings Kings Third Daughter the Princess Ann was born In the Thirteenth year of his Majesties Reign 1637 Dr. Bastwick Mr. Pryn and Mr. Burton received a severe Censure for writing against Bishops and their Government they being all three Sentenced to pay Five Thousand Pounds Fine to the King to lose their Ears in the Pillory and to be Imprisoned which they accordingly suffered Bishop Williams of Lincoln having the great Seal taken from him in the first year of his Majesties Reign he so deeply resented it that ever after he studied Revenge and a Bill being preferr'd against him in the Star Chamber for some dishonourable Speeches of the King he endeavoured by some indirect means to clear his Innocence and was therefore this year sentenced Ten thousand Pounds Fine to the King Imprisonment in the Tower during Pleasure to be suspended ab Officiis et Beneficiis from his Bishoprick and the Profits thereof and to be referred to the High Commission Court as to what concerned them His Majesty desiring an Uniformity in Religion in England and Scotland a thing before designed by King James in pursuance thereof enjoyned the Scots the use of the English Liturgy the Surplice and other Habiliments and began first at his own Chappel and in this year 1637 Proclamation was made that the same Order should be observed in all Churches wherewith the Bishops were contented but not the Kirk nor the People who were so inraged thereat that when the Dean of Edenbourgh began to Read the Common Prayer in St. Giles Church with his Surplice on July 13. the Council Bishops Lords and Magistrates being present the Women and then the ordinary sort of men made such a disturbance and noise with Cursing Clapping their hands and so great Rudeness that nothing could be heard but their Clamours upon which the Bishop of Edenbourgh who was to preach that day stept up into the Pulpit to reprove them which increasing their Fury they assault him with such a shower of Stones Seats Stools Cudgels and whatever else was near that his life was much indangered thereby and the Arch-bishop of St. Andrews Lord Chancellor interposing was like to have been as rudely handled had not the Provost Bayliffs and others with much trouble turned these Rioters out of the Church the Dean then proceeding to read the Service Book though not without great noise from the Multitude about the Church The like disturbance happened in other places but in the Afternoon the Book was again read without much trouble after which some of the Disturbers were seized and punished but with no great Severity and the Ministers were promised Protection and Maintenance in Reading it so that all at present seemed calm and quiet till after Harvest at which time such a confluence of People came to Edenbourgh as gave just cause to the Council to fear an Insurrection to prevent which they Issued out several Proclamations That no Church matters should be resolved on but that all persons depart home unless they can shew some cause to the Council upon pain of Rebellion Yet this was so little regarded by the People that the B. of Galloway going the next day to the Council was pursued and assaulted by them even to the Council Chamber and being with difficulty got in the House was presently incompassed and his Person peremptorily demanded upon which those within required Aid of the Provost and Council of Edenbourgh but their Condition was as bad being likewise beset in their Town house by the People who would not let them go out till they had subscribed 1. To joyn in Opposition to the Service Book and in Petitioning to that purpose 2. To restore two or three of their silenced Ministers Which being related to the Council the Lord Traqnair and another went in Person to the Town House where they found the Tumult somewhat quieted by those Concessions but in coming back they were furiously assaulted in the Grass-street and the L. Traquair was trodden under foot his Hat Cloak and white Wand was taken away and himself halled to the Council House The Lords whereof weighing their own danger sent secretly to some of those Noblemen and Gentlemen who disliked the Service Book and were then assembled in the common cause against it by whom they were safely guarded through the multitude to their several Houses And now judging themselves secure they make Proclamation for breaking up all Conventions and keeping the Peace which had the contrary effect Two Petitions being presented to them One from the Common sort of Men Women and Children the other in the Name of the Noblemen Gentlemen and Ministry against the Service Book and Canons these Petitions were sent to the King who being offended therewith adjourned the Term to Sterling and by Proclamation forbid upon extreamest Penalty such Tumultuous Meetings Against which Proclamation the Earl of Hume the Lord Lindsey and divers others made Protestation and in pursuance thereof they set up Four Tables or Committees 1. Of the Nobility 2. Of the Gentry 3. Of the Barons 4. of the Ministry to prepare Matters for the General Council consisting of several Commissioners taken out of the other The next year 1638 the Scots entred inta a Solemn League and Covenant to preserve the Religion there protest resolving to maintain it and to that purpose they sent for General Lesly and other Officers from beyond Sea providing themselves likewise with Arms and Ammunition whilst D. Hamilton who was appointed to allay these heats and Distempers seemed secretly to foment them by spending a great deal of time in Declarations Proclamations Messages and Letters and afterwards makes such Propositions to the Confederates about calling a General Assembly as were very distasteful to the Covenanters and increased their Fury Whereupon Hamilton obtained of the King the Sole and Unlimited Power of Managing that Affair and then
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
much the more acceptable especially since his Majesty required but the Sum which few men would deny a Friend and has a mind resolved to expose all his Earthly Fortune for Preservation of the General The Sum which His Majesty requires by these presents is which His Majesty promiseth in the Name of himself his Heirs and Successors to repay to them or their Assigns within Eighteen Months after the payment thereof to the Collector The Person whom his Majesty hath appointed is to whose hands his Majesty doth require them to send it within Twelve days after they have received this Privy Seal which together with the Collectors Acquittance shall be sufficient Warrant to the Officers of Receipt for their payment thereof at the time limited And the Collectors of the Loan were ordered to pay the Sums received into the Exchequer and to return the Names of such as went about to delay or excuse the Payment of the Sums required And now about the beginning of October the Fleet set to Sea the Lord Cecill second Son to the Earl of Exeter commanding the Land Forces and the Earl of Essex being Vice Admiral at Sea but they were surprized by so violent a Storm that the greatest part of the Navy which in all made up Fourscore Ships some being Dutch were dissipated and scattered for seven days together and an excellent Ship with an 170 Passengers in her were all cast away and lost the Design was to have furprized Cadiz in Spain to burn the Ships in the Harbour and to have taken the Spanish Plate Fleet which was daily expected from the Indies but by reason of the Plague amongst them and some other miscarriages of the Commanders the business was wholly disappointed and the Fleet returned home but four days before the Plate Fleet came Upon the Second of February was the Coronation at which the King did not pass through the City in State from the Tower as was usual but went by Water from Whitehall to Westminster for fear of the danger of a Concourse of People the Pestilence which raged the year before not being quite ceased The Bishop of Lincoln as Dean of Westminster should have performed the chief part of the Ceremony but being under displeasure Dr. Laud then Bishop of St. Davids supplied his place Divers considerable Forces had been raised both for Sea and Land for the better Discipline of whom 150 old Souldiers were sent for from the Netherlands by whose Industry they were brought into some good order against the meeting of the next Parliament which was summoned to sit Feb. 6. And being met accordingly the House of Commons chose Sir Henage Finch for their Speaker The first business they insisted upon was the rendring thanks to the King for his gracious Answer to their late Petition concerning Religion then they debated of the Publick Grievances viz. The miscarrying of the Fleet at Cadiz the evil Councellors about the King misimploying the Kings Revenue an Account of the Subsidies and three Fifteens granted in the 21 Year of King James And in the Committee of Grievances these four particulars were insisted on 1. The state of the King in the constant Revenue of the Crown and how much it had been diminished by Gifts of Lands Grants of Pensions Fruitless Embassies the Privy Purse and other ways 2. The Condition of the Subject in his Freedom about laying new impositions multiplying Monopolies Leuying of Customs without Act of Parliament and wasting the Treasure 3. The Cause of the Nations good success in former times whereby it was feared Victorious and Renowned abroad which they judged was occasioned by the Wisdom and Gravity of Counsel who ordered nothing but by publick Debate whereby there arose a readiness in the People to Assist their Soveraign in Purse and Person 4. The present Condition of the Kingdom wherein was represented the loss of its wonted Reputation through the ill success at Algier in the Palatinate in Count Manfields Expedition and at Cadiz and this was imputed to the want of such Counsels as were formerly used since for fear of not succeeding men were now afraid of venturing either there Persons or Purses There was likewise a Committe concerning Religion and the growth of Popery wherein Mr. Richard Montagues two Books before mentioned were again questioned and Articles drawn up against him charging him with several Passages for encouraging Popery and drawing his Majesties Subjects from the true Religion Established into Error and Superstition with other passages dishonourable to the late King and full of injurious and railing Language against other Persons as likewise that he endeavoured to raise Factions in the Kingdom by casting the scandalous Name of Puritan upon such of his Majesties Subjects as conformed themselves to the Doctrine of the Church of England upon which the House of Commons ordered that he should be brought to Exemplary Punishment and to have his Books burnt nor do we find that he ever made any Defence or Answer to those Articles that were brought against him It is affirmed that a while before the sitting of the Parliament Dr. Laud understanding from the D. of Buckingham that the King intended to leave Mr. Montague to a Tryal was heard to utter these words Iseem to see a Cloud arising and threatning the Church of England God in his Mercy dissipate it After this the Commons questioned several persons who were of the Council of War upon the Affairs of the Palatinate concerning the management of that business complaint was likewise made in the House of the Scotch and Irish Nobility for claiming precedency of the Peers of England of which redress was promised but a while after the Lord Martrevers Eldest Son and Heir to the Earl of Arundel Married the Daughter of the late Duke of Lenox contrary to the Kings Mind who intended her for the Lord Lorn Son and Heir of the Earl of Argile whereupon the Earl of Arundel was committed to the Tower which upon the Peers Petitioned to the King alledging That no Peer sitting in the Parliament is to be imprisoned without Order from the House of Lords unless for Felony Treason or denying to give security for the Peace Upon this there arose a Dispute which lasted for the space of two Months and then the Earl was set at Liberty In which time the House of Commons were very busie in searching the Signet Office for the Original of a Letter under the Signet written to the Mayor of York for reprieving divers Jesuites Priests and other Popish Recusants This was reported by Mr. Pim Chairman to the Committee for Religion but their proceedings therein were interrupted by a Meffage from the King sent by Sr. Richard Weston Chancellor of the Exchequer demanding a supply for the English and Irish Forces This was so highly resented that Mr. Clement Cook one of the Members openly Protested That it was better to die by a Forreign Enemy than to be destroyed at home And Dr. Turner another of the House seconded him with
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
was not admitted in whereupon the King with his Guard of Pensioners were resolved to force their Entrance which the Commons having notice of they suddenly went all out of the House and this was the end of this Parliament After their Dissolution the King publisheth a Declaration of the Causes thereof and then question'd Eleven of the Refractory Members at the Council Table who were all committed to divers Prisons About the same time the Marquis of Huntley Sheriff of the greatest part of Scotland neglecting the Order of the Council for seizing some Priests and Jesuites who publickly said Mass and committed other Insolences at Aberdeen with several other Lords who joyned with him and refused to appear upon Summons and had likewise given notice to the Priests and Jesuites to escape were proclaimed Rebels and Traitors to the King and Kingdom upon which they fled into England The French King having had much loss by the War with England did now therefore propose and conclude a Peace with the King consisting of several Articles A Paper was about this time dispersed abroad containing some Projects how the King might Augment his Revenues without the help of Parliaments upon which the Earls of Bedford Somerset and Clare with others where committed upon Information that they had dispersed some Copies of them but Sir David Fowls soon cleared them who deposed upon Oath that it was contrived near Sixteen years before by Sir Robert-Dudley Son to the Earl of Leicester when he was in Italy The dissolving the last Parliament procured great Animosities in the People against the Prime Ministers of State which occasioned divers Invective Libels to be dispersed abroad whereof one against Bishop Laud was found in the Dean of St. Pauls Yard to this Effect Laud look to thy self be assured thy life is sought as thou art the Fountain of Wickedness repent of thy monstrous sin before thou be taken out of the World and assure thy self Neither God nor the World can endure such a vile Councellor or Whisperer Another very bitter Libel was scattered against the Lord Treasurer Weston On the other side some considering the unsuccesfulness of this and the two former Parliaments advised never for the future to call any more Parliaments and to that end the forementioned Book of Projects was published and addrest to the King proposing some methods to prevent the Impertinency of Parliaments as he called them for time to come by the Example of Lewes 11th of France who pretended that the Commons or Third Estate did incroach too much upon the Nobility and Clergy dissolved it and never after suffered the People freely to Elect their Representatives but nominated certain Eminent Persons himself instead thereof which is called L' Assembly des Notabiles or the Assembly of Chief or Principal Men and the Methods proposed to avoid Parliaments were 1. To have a Fortress in every considerable Town 2. To cause high-ways to be made through all such Towns 3. To make none of the Inhabitants Governors of those Fortresses 4. To let none pass through those Towns without a Ticket 5. To have the Names of all Lodgers taken by Innkeepers 6. To impose a general Oath upon the Subjects not to oppose any of these Contrivances And to increase the Kings Revenue the Advice was 1. To demand the Tenth part of every Mans Estate 2. To buy all Leases upon the Crown Lands 3. To take the benefit of Salt into his own hands 4. To demand a Rate for Sealing the Weights every year 5. To lay a Taxe upon Wools. 6. Upon every Lawyers Fee 7. Upon Inns and Victualling Houses for a Licence 8. Upon all Cattle Flesh and Horses sold in the Market 9. Upon all Lands Alienated 10. To set a Rate upon all Offices in his Majesties Grant 11. To Reduce his Majesties Houshold to board wages 12. To lay a Taxe upon White Meats on fasting days 13. To lay an Imposition upon the Papists Lands 14. To Advance some Hundreds of Persons to Honours 15. To prohibit excess in Apparel which would save the Gentry more Money then what they were Taxed would amount to The Insurection of the Apprentices at Lambeth The E of Strafford beheaded on Towerhill Cheapside Cross pulled down in 1643. Upon May 29. 1630 the Queen was delivered of a Son at St. James's who was Christened Charles and Preserved by Providence to Succeed his Father in these Three Kingdoms as his Rightful Inheritance after the Miseries of a long and tedious Exile from his Native Countrey unto which he was at length happily Restored with the general Consent and Acclamations of the whole Kingdom The King of France and the Prince Elector Yalatine represented by the Duke of Lenox and the Marquis Hamilton were his Godfathers and the Queen Mother of France represented by the Dutchess of Richmond his Godmother It was observed that at his Nativity a Star was seen at Noon-day which might portend some extraordinary Passages of this Princes Life About this time Dr. Leighton was sentenced in the Star Chamber to have his Body Whipt his Fore-head Stigmatized his Ears Cropt his Nose Slit for publishing a Book called Sions Plea wherein he exhorted the late Parliament to smite the Bishops under the Fifth Rib and called the Queen the Daughter of Heth a Canaanite and Idolatress which Sentence was accordingly inflicted on him In Ireland the Papists presumed on St. Stephens day to say Mass in Dublin while the Lords Chief Justices were at Church who having notice thereof ordered the Preists Crucifixes and Vestments to be seized and Eight Popish Aldermen were likewise Imprisoned for not Assisting the Mayor but some Papists making a Tumult rescued the Priests whom the Guards again forced to deliver back Upon Information of this Riot and Insolency Fifteen Houses were by special Order from the Council seized upon for his Majesties use and the Priests and Fryers so disturbed that two of them hanged themselves Neither did the Papists agree together for there were great Contests in England between the Jesuites and Secular Priests The Earl of Essex had many years before married the Lady Howard who complaining of his Insufficiency for Marriage Duties the Cause was brought to a Tryal and it being made appear by a Jury of Midwives and the Earls own Confession That he never could and believed he never should carnally know her Thereupon Sentence of Divorce between him and his Lady was pronounced by the Bishops However the Earl was resolved to try his Fortune once more and therefore upon his return out of the Low Countreys where he had been for some time a Souldier he now Married a Daughter of Sir William Paulet of Wiltshire but a while after she objecting the same cause of complaint desired likewise to be Divorced from him which the Earl easily cousented to and it was done accordingly In the year 1631 and the 7th of his Majesties Reign Mervin Lord Audly and Earl of Castlehaven was Tryed by his Peers upon the Petition of his own
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 for the first offence in refusing to forfeit all their Goods for the second their Estates and for the third their Lives And besides this they presented them with the hopes of Liberty That the English Yoke should be stricken off That they should have a King of their own Nation and that then all the Goods and Estates of the English should be divided amongst them With these Motives of Spoil and Liberty which were strengthned by the former of Religion the Rebellion increased The Rebels in Ulster commanded by Sir Phelim O Neal assisted by his Brother the Brother of the Lord Mac Guire Philip O Reley and several others had possessed most of the strong places in that Province and many other which they could not take by force nor treachery were delivered to them by the English upon Articles which they afterwards like true or rather false Papists most perfidiously broke Butchering and Massacring the poor English without pity or compassion to Age or Sex though they still spared the Scotch Plantations in Ulster because of their Numbers and likewise for fear of the Scotch Army so easily to be transported to the North parts of Ireland But now their General Sir Phelim O Neal one of the Race of the late Bloody Earl of Tyrone a pretended Protestant till some time before having got together a vast number of the Natives fell upon them and destroyed their Houses and Goods and though they did not exercise that Cruelty on their Bodies yet they stript them and drove them Naked to the Scotish Shore from thence he marched into other parts and took Dundalk incamping at Arde near Tredagh The King finding his stay to be longer than he thought left the whole business of Ireland to the Parliament who declared a speedy and vigorous Assistance and Voted Fifty thousand Pound for a present Supply By which time the Lords of the Council of Ireland had Armed as many as were able and given Commissions for raising several Regiments of whom the Earl of Ormond was made Lieutenant General and a Regiment was sent from England under Sir Simon Harcourt about which time the King returned out of Scotland and was Entertained and Feasted at London and from thence Conducted to White-Hall after which the King Treated several Chief Citizens at Hampton Court where divers of the Aldermen had the honour of Knighthood December 2. The King Summons both Houses together and tells them That he had staid in Scotland longer than he expected yet not fruitlesly for he had given full satisfaction to that Nation but cannot chuse but take notice of and wonder at the unexpected Distractions he finds at home and then commends to them the State of Ireland next he publishes a Proclamation for Obedience to the Laws in force concerning Religion and the performance of Divine Service without Innovation or Abolishing of Rites and Ceremonies January 20 His Majesty makes another Speech to them and Conjures them by all that is dear to him or them to hasten the business of Ireland After which the Commons ordered a Select Committee to draw up a Petition and Remonstrance to the King the Petition was thus Most Gracious Soveraign your Majesties most humble and faithful Subjects the Commons in this present Parliament Assembled do with joy acknowledge the Favour of God in your safe return into England where the dangers and distempers of the State have caused them to desire your Presence and Authority to your Parliament for preventing of imminent Ruin and Destruction to your Kingdoms of England and Scotland fomented by a malignant party for alteration of Religion and Government the increase of Popery by the Practice of Jesuites and other Engineers and Factors of Rome corrupting the Bishops and Privy Council they being the cause of the late Scottish War and the Irish Rebellion Now for prevention they pray That your Majesty would concur with your Parliament to deprive the Bishops of their Votes To take away Oppression in Religion Church Government and Discipline To purge your Councils of such as are promoters of these Corruptions and not alienate any Escheated Lands in Ireland by reason of the Rebellion and these being granted we will make you happy This was followed by a large Remonstrance containing all the Miscarriages and Misfortunes which they termed Pressures since the beginning of his Majesties Reign As 1. The root and ground of these dangers 2. Their Maturity and Ripeness 3. The effectual means used for their Extirpation and the progress therein made 4. Thâ— Obstructions and Oppositions interrupting 5. Thâ— best means for removing these Obstacles and foâ— accomplishing the Parliaments good Intentions for restoring this Nation to its Ancient Renown The Actors and Promoters of these Evils werâ— described to be 1. The Jesuited Papists 2. Thâ— Bishops and corrupted Clergy 3. Interesteâ— Counsellors and Courtiers The root of the miâ—chief was the Malignant Party whose Practiceâ— were branched into four particulars 1. To foment differences and discontents between thâ— King and People about Prerogative and Priviledge for their own Advantages 2. To suppress thâ— purity and power of Religion 3. To Unite and Conjoyn Papists Arminians and Libertines and out of them all to compose a Body sufficient to carry on their Designs And 4. To disaffect the King to the Parliament by Slanders and by putting him upon other ways of Supply than by Parliament and that the Intentions of these Malignants were to subvert the Fundamental Laws and Principles of Government They then charge this Malignant Party more particularly as chiefly occasioning the Dissolution of three several Parliaments without Relief of Grievances The Imprisoning and Fining several of the Members raising great Sums of Money by Loan Privy Seals and Excise and blasting The Petition of Right The succesless Attempts upon France and Spain and Peace made with the Spaniard without consent of Parliament The loss of Rochel occasioned by lending part of our Fleet to the French King deserting the cause of the Palatinate charging the Kingdom with Billeting Souldiers and the Design of bringing in German Horse to inslave this Nation to Arbitrary Contributions Lastly they reflect upon Scandalous Declarations published against the Parliament upon Injustice Oppression Violence Illegal Inlargements of Forrests Coat and Conduct Money Corrupt Councils and Designs Projects Monopolies Illegal Proceedings in Courts of Judicature and Council Table charging the Bishops likewise with many Enormities particularly for contributing to raise an Army for constraining the Scots to conform to their Superstitious Ceremonies concluding with what they have done for the Reformation of these Abuses To their Petition the King returned this Answer That he knows not any Wicked or Malignant Persons whom he doth either countenance or imploy That he would concur with his People in a Parliamentary way against all Popish Designs but would not consent to deprive the Bishops of their Votes in Parliament That he judged the power of the Clergy sufficiently moderated by taking away the High Commission Court and
taken in That an Act pass to Vindicate the L. Kimbolton and the 5 Members And an Alliance be entred into with our Protestant Neighbours for Recovery of the Palatinate That a General Pardon pass with exception to the E. of Newcastle L. Digby and some others That such Members of Parliament as have been displaced be restored to Offices and Places and satisfaction made them for their Losses On the other side the King Proposed That his own Revenue Magazines Towns Ships and Forts be restored That what hath been done contrary to Law and the King Rights may be renounced and recalled That all Illegal Power claimed or acted by any Orders of Parliament be disclaimed And as the King will readily consent to the Execution of all Laws made or to be made concerning Popery and Reformation so he desires a Bill for the preserving the Book of Common-Prayer against Sectaries And that all Persons excepted against in the Treaty may be Tryed per Pares by the Equals That there be a Cessation of Arms and a Free Trade This made way for a Treaty of Peace but little was done in it till March 4. 1642. when Sir Ben. Rudyard one of the Commons told the Parliament plainly That the War would ruine all whereupon they appointed Commissioners that is the E. of Northumberland Mr. Perpoints Sir William Ermine Sir John Holland and Mr. Whitlock who were to attend the King at Oxford Feb. 23. 1642. The Queen landed at Burlington Key with Officers Ammunition and Mony from Holland from whence the E. of Montross and the Lord Ogilby conveyed her to York where she was honourably received by the Earls of Cumberland and Newcastle and there she began to form her Army In the mean time Coll. Massey advances against Capt. Bridges who kept Sudly Castle in Glocestershire with 60 Souldiers and all other things sufficient for the L. Shandois on the Kings behalf Coll. Massy offers to storm the Castle but is repulsed yet next day he possessed the Garden under the Castle and firing some hay and straw made so great a smother in the House that taking the opportunity thereof he planted his great Guns so conveniently as forced the Besieged to surrender upon Quarter leaving their Arms and ingaging to pay 500 pounds in six days for the goods in the Castle or else to lose them Yet had the Parliament no great cause of boasting of this Victory For soon after P. Rupert with 4000 Horse and Foot making shew to regain it marches to Cirencester where the strength and great part of the Magazine of the County lay and Feb. 1. he masters the Gaurd and forces his Passage into the Town which in two hours he gained taking 1100 Prisoners and 2000 Arms And next day he summons Glocester which Coll. Massey was resolved to defend and to strengthen it deserts Sudly Castle and other our Garrisons The Earl of Worcester and his son the L. Herbert had now raised an Army of near 1500 Welchmen for the King with whom he marched to the Forrest of Dean and beat Coll. Bourroughs Regiment out of a small Town call'd Coford near Monmoth from thence they march to Hingham within 2 miles of Glocester and Coll. Bret demands the Town for the King but was answered with scorn for Massey with assistance from Capt. Fines at Bristol weakned them with continual Shirmishes till Sir William Waller having taking Malmsbury came to Glocester and joyned his Forces with the other so that this Welch Army spent near five weeks without doing any Memorable Action But now Coll. Massey draws out all his Horse with 500 Foot and some Ordnance and held them play the first day the next morning the great Guns give the Alarum and both Parties engage very fiercely and the Welch were like to have routed him and taken his Ordnance at which instant Sir William Waller comes in to Masseys assistance who taking courage thereby they run furiously upon the Welchmen and drive them back to Hingham house which they began presently to batter with their Cannon whereupon the Welch found a Parley and surrender the Place and themselves Prisoners but the Officers were to receive Quarter according to their Qualities and next day Waller and Massey led their booty in Triumph to Glocester The assistance of the Scots had been formerly desired by the Parliament which notwithstanding their late Protestations not to take Arms against their Prince they now hearken to and having compleated their Army March 13. 1641. they cross the River Tyne and march Southward to imploy the E. of Newcastle The Irish Rebels about this time notwithstanding the defeats they met with at Tredagh and Dundalk were much increased in number And the the Pope a more unhappy Fisher than his pretended Predecessor St. Peter who was for saving but he for destroying men sends two Letters to them one subscribed to Owen Oneal and the other to all Archbishops Bishops Nobles and People of the Kingdom of Ireland in both which he commends those who had already appeared in the Quarrel and exhorts others to engage in the same declaring his great Joy for their late Butcheries and Massacres upon the Protestants and bestowing upon them his Fatherly Benediction and Plenary Pardon and Absolution for whatever Villanies they had committed By the Popes thus publickly declaring himself for them the Rebels grew very powerful and many who were at first afraid of being concerned now openly appeared for them insomuch that all parts of Ireland were overwhelmed by them as with an Innundation This year was remarkable for the death of Cardinal Richlieu that great Firebrand and disturber of Europe but more pertcularly these three Kingdoms of whose distractions he was both a Principal causer and Fomenter He led the way to his Master Lewis 13. who deceased soon after in the midst of his Conquests in Catalonia leaving for his successer his eldest son Lewis 14. the present French King under the Government of the Queen Dowager and Cardinal Mazarine succeeded in Richlieus stead The year 1643. and the nineteenth of his Majesties Reign began with a Treaty of Peace which was formerly agreed on but proceeded slowly till it was again revived by Sir Ben. Rudyard The Commissioners on both parties now met at Oxford and began to Treat of the Kings Propositions concerning his Revenue Magazines Forts and Ships And the Parliaments Propositions concerning the disbanding of Armies which particulars taking up more time than the King expected his Majesty April 12. 1643. sends this Message to the Parliament That as soon as he was satisfied concerning his own Revenue Magazines Ships and Forces in which he desired nothing but his Just and Legal known Rights to be restored to him and to Persons Trusted by him And as soon as the Members of both Houses should be restored to the same capacity of sitting and Voting in Parliament as they had upon January 1. 1641. excluding such whose Votes had been taken away by Bill or by New Elections or New Writts
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
under which they must live and by which they must be governed And then Sir the Scripture says They that know their Masters Will and do it not what follows The Law is your Master the Acts of Parliaments the Parliaments were to be kept anciently we find in our Author twice in the year That the Subject upon any occasion might have a ready remedy and redresse for his Grievance Afterwards by several Acts of Parliament in the dayes of your Predecessor Edward the third they must have been once a year Sir what intermission of PARLIAMENTS hath been in your time it is very well known and the sad consequences of it and what in the interim instead of these Parliaments hath been by you by an high and Arbitrary hand introduced upon the People that likewise hath been too well known and felt But when God by his Providence had so brought it about that you could no longer decline the calling of a Parliament Sir yet it will appear what your ends were against the Ancient and your Native Kingdom of Scotland The Parliament of England not serving your ends against them you were pleased to dissolve it Another great necessity occasioned the calling of this Parliament and what your designs and plots and endeavours all along have been for the ruining and confounding of this Parliament hath been very notorious to the whole Kingdom And truly Sir in that you did strike at all that had been a sure way to have brought about that that this layes upon you Your Intention to subvert the Fundamental Laws of the Land For the great bulwark of Liberty of the People is the PARLIAMENT of England and to Subvert and Root up that which your aim hath been to do certainly at one blow you had confounded the Liberties and the Propriety of England Truly Sir it makes me call to mind I cannot forbear to express it for Sir we must deal plainly with you according to the merits of your cause so is our Commission it makes me call to mind these proceedings of yours that we read of a great Roman Emperor by the way let us call him a great Roman Tyrant Caligula that wisht that the People of Rome had had but one Neck that at one blow he might cut it off and your proceedings hath been somewhat like to this for the body of the people of England hath been and where else represented but in the Parliament and could you have but confounded that you had at one blow cut off the neck of England but God hath reserved better things for us and hath pleased for to Confound your designs and to break your Forces and to bring your Person into Custodie that you might be responsible to Justice Sir we know very well That it is a question on your side very much Press'd By what president we shall proceed Truly Sir for Presidents I shall not at this present make any long discourse but it is no new thing to cite Presidents almost of all Nations where the People when power hath been in their hands have not sticked to call their Kings to account and where the change of Government hath ensued upon occasions of the Tyranny and Mis-government of those that have been placed over them I will not spend time to mention France or Spain or the Empire or other Countries Volumes may be written of them But truly Sir that of the Kingdom of Arragon I should think some of us have thought upon it where they have the Justice of Arragon that is a man tanquam in medio positus betwixt the King of Spain and the people of the Country that if wrong be done by the King he that is the King of Arragon the Justice hath power to reform the wrong and he is acknowledged to be the Kings Superiour and is the grand preserver of their priviledges and hath prosecuted Kings upon their miscarriages Sir What the Tribunes of Rome were heretofore and what the Ephori were to the Lacedaemonian State we know that is the Parliament of England to the English State and though Rome seem to have lost its liberty when once the Emperours were yet you shall find some famous Acts of Justice even done by the Senate of Rome that great Tyrant of his time Nero condemned and judged by the Senate But truly Sir to you I should not mention these Forreign examples and stories If you look but over Tweed we find enough in your native Kingdom of Scotland If we look to your first King Forgusius that your stories make mention of he was an Elective King he died and left two Sons both in their minority the Kingdom made choice of their Unkle his Brother to govern in the minority afterwards the Elder Brother giving small hopes to the People that he would rule or govern well seeking to supplant that good Unkle of his that governed them justly they set the Elder aside and took to the Younger Sir if I should come to what your stories make mention of you know very well you are the 109th King of Scotland for to mention so many Kings as that Kingdom according to their power and priviledge have made bold to deal withal some to banish and some to imprison and some to put to death it would be too long and as one of your Authors sayes it would be too long to recite the manifold examples that your own stories make mention of Reges say they we do create we created Kings at first Leges c. We imposed Lawes upon them and as they are chosen by the suffrages of the People at the first so upon just occasion by the same suffrages they may be taken down again and we will be bold to say that no Kingdom hath yielded more plentiful experience than that your Native Kingdome of Scotland hath done concerning the deposition and the punishment of their offending and transgressing Kings c. It is not far to go for an example near you your Grandmother set aside and your Father an Infant crowned and the State did it here in England here hath not been a want of some examples they have made bold the Parliament and the People of England to call their Kings to account there are frequent examples of it in the Saxons time the time before the Conquest since the Conquest there wants not some Presidents neither King Edward the second King Richard the second were dealt with so by the Parliament as they were deposed and deprived and truly Sir whoever shall look into their stories they shall not find the Articles that are charged upon them to come near to that height and capitalness of Crimes that are layed to your charge nothing near Sir you were pleased to say the other day wherein they descend and I did not contradict it but take altogether Sir if you were as the Charge speaks and no otherwise admitted K. of England but for that you were pleased then to alledge how that almost for a thousand years these things have