England where being instructed in the Christian Religion and baptized in the Church of St. Paul by the Bishop of London with great Solemnity in the presence of six Prelates she was married to the aforesaid Gilbert of whom he had Issue this Thomas whose Life we now relate who as his Legend recites was first brought up in a Religious House of Merton afterwards was instructed in the Liberal Sciences and then sent to study in the University of Paris from whence returning home he was by Theobald Archbishop of Canterbury made his Archdeacon a place in those dayes of high degree in the English Cleargy next unto Lord Abbots and Bishops Much about that time Henry Duke of Aquitain and Normandy succeeded King Stephen in the Crown of England who in the very first year of his Reign advanced Becket to be Lord Chancellour of England in which high honour he carried himself like another King His retinue was great his Followers men of good account his House keeping such as might compare with if not surpass the greatest Earls of the Kingdom his Clothes very costly full of bravery his Furniture mighty rich his very Bridles of beaten silver Yea Fortune did seem to have made him her Darling and all things so flowed according to his desire that one would have judged him to have laid clean aside the very thought of a Clergy-man King Henry having Wars in France he served him with a Band of 700. Souldiers of his own Family besides many others with which and some additional Forces after the Kings departure he obtained a great victory At another time he himself in person unhorssed a Frenchman called Enguerranus de Creya a most hardy Souldier renowned for deeds of Arms and Chevalry for these valiant acts in reward and in further hope of his faithful service upon the death of Theobald the King made him Archbishop of Canterbury though the Monks objected against him that neither a Courtier nor a Soundier as he was both were fit to succeed in so high and sacred a Function But Thomas having obtained this dignity forgot the King who had raised him to the same For as the Poet hath it A swelling spirit hates him by whom he climes As Ivy kills the tree whereon it twines So rising men when they are mounted high Spurn at the means that first they mounted by For not long after began that great controversie between Regnum Sacerdotium the Crown and the Mytre the occasion whereof was the King being credibly informed that some Clergy-men had committed above an hundred murthers under his Reign would have them tried and adjudged in his Temporal Courts as Lay-men were but this as being contrary to the priviledges of the Church the Archbishop withstood This affront of a subject the King could not endure finding himself hereby to be but a demy-King Wherefore having drawn to his side most of the Bishops in an Assembly at VVestminster he propoundeth these Articles peremptorily urging Becket to assent to them 1. That none should appeal to the See of Rome for any cause whatsoever without the Kings licence 2. That it should not be lawful for any Archbishop or Bishop to depart the Realm and repair to the Pope upon his summons without licence from the King 3. That it should not be lawfull for any Bishop to excommunite any person that holdeth in Capite of the King without licence of the King nor grant any interdict against his Lands nor the Lands of any his officers 4. That it should not be lawfull for any Bishop to punish perjured nor false witnesses 5. That Clarks crimonous should be tried before secular Judges 6. That the King and his secular Justices should be Judges in matters of Tythes and other like causes Ecclesiastical There points so nearly touched the Papal Sovereignty that Becket resolutely denied to signe them but by the importunity of many Lords and Prelates at last he yields subscribes the Ordinance and sets his hand unto it The King hereupon supposing all contradiction ended and that Thomas would not waver in his faith called an assembly of the States at Clarendon in VViltshire to collect and enact these Laws where John of Oxenford sitting President Becket relapsed saying He had grievously sinned in that he had done and that he would not sin therein any more The King herewith vehemently incensed threatens banishment and destruction to him and his whereupon Becket once again perswaded swears in verbo Sacerdotali in the word of a Priest sincerely that he would observe the Laws which the King entituled Avitae and all the Bishops Abbots Priors and whole Clergy with all the Earls Barons and Nobility did promise and swear the same faithfully and truly to observe and performe to the King and to his Heirs for ever But the King desiring him to affix his seal to an Instrument wherein those Laws being sixteen were contained he refused saying He did promise it onely to do the King some honour verbo tenus in word onely Nor could the example of his fellow Bishops nor the perswasions of Rotrod the Popes messenger move him at all to compose these differences It may be thought a fable yet is related by divers superstitious Authors that one time during this contention certain fellows cut off the Archbishops horses tail after which fact all their children were born with Tails like Horses and that this continued long in their Posterity For may own part though I confess God is able to do this and much more yet I reckon this amongst other ridiculous miracles mentioned of him by those writers as that of Ailwardus who for stealing a great whetstone which the Author that writes it best deserved being deprived of his eyes and virilities by sentence of Law upon prayer to Saint Thomas he had all restored again Yea even a Bird having been taught to speak flying out of her cage and ready to be seized on by a Sparrow Hawk said onely St. Thomas help me and her enemy fell presently dead and she escaped But slighting these follies to return to our History the King summoning a Parliament at Northhampton Becket was cited to appear before his Majesty which he refusing upon his contempt the Peers and Prelates judged his goods confiscated to the Kings mercy He making his appearance the Parliament demanded of him an account of 30000 pounds which he received when he was Lord Chancellour to which he answered that when he was chosen to be Archbishop he was by the Kings authority freed and acquitted of all Debts and Obligations of Court and Exchequer and so delivered over to the Church of England and that therefore at that time he would not answer as a Lay-man having before had a sufficient discharge This answer of the Archbishop was like Oyl cast on fire which instead of quenching increast the Kings anger and the Prelates perceiving the Kings displeasure to tend yet to some further severity premonished him to submit himself for that otherwise the Kings Court
Arbitrary wayes but we will try you by the rules of the good old Laws of England and whatsoever priviledge in your Tryal the Laws of England will afford you claim it as your Birth-right and Inheritance and you shall enjoy it with as much freedom and willingness as if you were in Westminster Hall to be tryed amongst your own Party and this we will do for that end that so at London your friends shall not have any just cause to say we murthered you with cruelty or denied you the benefit of the Law in taking away your life by the rules of our own wills Nay further said he Captain Lilburne it is true I am a Judge made by my Sovereign Lord the King according to his right by Law and so in a special manner am his Servant and Councellour and am to act for his good benefit and advantage And yet notwithstanding it is by the known Laws of this Land my duty to be indifferent and free from partiallity betwixt my Master and you the Prisoner and I am specially bound unto it also by my Oath and therefore you shall have the utmost priviledges of the Law of England which is a Law of Mercy and not of Rigour and hath the life of a man in tenderest and highest estimation and therefore it is the duty of a Judge by Law to be of counsel with the Prisoner in things wherein by his ignorance he falls short of making use of the benefit of the Law especially when he is upon the Tryal of his life Yea and to exhort him to answer without fear if he perceive him daunted or amazed at the presence of the Court Yea it is my duty to carry my self with all fairness and evenness of hand towards you and wherein that there shall seem any mistakes to appear in circumstances of Formalities to rectifie you For 't is my duty to help you and not to use any boisterous or rough language to you in the least to put you in fear or any wayes prevent the freedom of you defence and according to the Laws of England this is my duty and this is the Law And accordingly he gave me liberty to plead to the errors of my Indictment before ever I pleaded not guilty yea and also became willing to assign me what Councel I pleased to nominate freely to come to prison to me and to consult and advise with me and help me in point of Law This last he did immediately upon my pleading to the Indictment before any Fact was proved all which is consonant to the declared Judgement of Sir Edward Cook that great Oracle of the Laws of England whose Books are published by speciall Orders and Authority of Parliament for good Law who in his 3. part Institutes Chapt. Of High Treason fol. 29.34 compared with fol. 137.230 asserts the same Truly Sir I being now come before you to answer for my life and being no professed Lawyer may through my own ignorance of the practick part of the Law especially in the Formalities Nisities and Puntillio's thereof run my self with over-much hastiness in snares and dangers that I shall not easily get out of And therefore being all of a sudden bid to hold up my hand at the Bar I cannot chuse but a little demur upon it and yet with all respect to you to declare my desirableness to keep within the bounds of Reason Moderation and Discretion and so to carry my self as it doth become a man that knows what it is to answer for his life And therefore in the first place I have something to say to the Court about the first Fundamental liberty of an English man in order to his Tryal which is that by the Laws of this Land all Courts of Justice alwayes ought to be free and open for all sorts of peaceable people to see behold and hear and have free access unto and no man whatsoever ought to be tryed in holes or corners or in any place where the Gates are shut and bar'd and guarded with armed men and yet Sir as I came in I found the Gates shut and guarded which is contrary both to Law and Justice Sir the Laws of England and the Priviledges thereof are my Inheritance and Birth-right And Sir I must acquaint you that I was sometimes summoned before a Committee of Parliament where Mr. Corbet and several others have had the Chair and there I stood upon my right by the Laws of England and refused to proceed with the said Committee till by special order they caused their Doors to be wide thrown open that the people might have free and uninterrupted access to hear see and consider of what they said to me although I think the pretence that I am now brought before you for be the very same in substance that I was convened before Mr. Corbet for which was about Books and I am sure there I did argue the case with him and the rest of the Committee soundly out in Law proving that they were bound in Law and Justice freely to open their Doors for the free access of all sorts and kindes of Auditors And I did refuse as of right to proceed with them till by special order they did open their Doors For no tryal in such cases ought to be in any place unless it be publick open and free and therefore if you please that I may enjoy that Legal Right and Priviledge which was granted unto me by Mr. Miles Corbet and the rest of that Committee when I was brought before them in the like case that now I am brought before you which priviledge I know to be my right by the Law of England I shall as it becomes an understanding Englishman who in his actions hates deeds of darkness holes or corners go on to a tryal But if I be denyed this undoubted priviledge I shall rather dye here then proceed any further And therefore foreseeing this beforehand and being willing to provide against all jealousies of my escape the fear of which I supposed might be objected against me as a ground to deny me this my legal right and therefore beforehand I have given my engagement to the Lieutenant of the Tower that I will be a faithful and true prisoner to him He enlarged himself as to other particulars but these being the most material as to the relation of some passages of his Life I thought it necessary to insert them He having these requested freedoms granted him from Judge Keble his tryal went on which because of it self it is a large printed volume I shall onely hint at some things not to be omitted in it After he had ended his Speech Judge Keble told him that his requests were granted bid him look behinde him the Doors were open Mr. Prideaux the Atturney General excepted against the favour done him of the liberty of his Speech as at the beginning of his arraignment he had denyed to hold up his hand he further expressed that the Commission for the Tryal
the rumours of the people concerning his Fathers death a War is proclaimed against Scotland to revenge those overthrows the English had received from their valiant Chieftain King Robert le Bruce but by the treason of the Lord Mortimer who is said to have received bribes from the Scots the journey proved unsuccessful the young King hardly escaping with life for one Sir James Dowglass a valiant Scot with 200 light horses assailed the Kings own Pavilion where the King was so near death that a Chaplain of his who stoutly behaved himself was slain in his masters defence and Sir James retired from thence with safety These treasons of the Lord Mortimer together with his excessive pride and over much familiarity with the Queen-Mother made him so distasteful unto the Lords that notwithstanding his strong guard consisting of no less then ninescore Knights he was by the young King and the confederate Lords surprized on a sudden at Nottingham Castle from thence removed to the City of London condemned of treason and executed at the common Gallows And here may the King be said to begin his Reign living before at the Queen and the Lord Mortimers allowance which was onely the third part of the Revenews of the Crown which now he assumeth all to himself putting the Queen to a pension of a thousand pounds a year and confining her to a Castle all the dayes of her life such was the miserable condition of this wretched Woman the Daughter Sister Wife and Mother of a King as one of our Moderns hath it So true is that the wise man once did say That none are happy till their dying day King Edward having thus raised himself would next out of Charity help his Neighbour Edward Baliol Son to John Baliol sometimes King of Scotland having remained in France two and thirty years comes over into England whom King Edward aids against his Brother in Law King David who at that time was with the King of France at Hallidown-Hill where he utterly defeats the whole power of Scotland slew of them 7. Earls 90. Knights and Banerets 400. Esquires and 32000. common Souldiers causing Baliol to be Crowned King doing homage to King Edward as his superior Lord for which though he had the Knees he had not the Hearts of his people who would be subject to none that were subject to another But these were but petty actions scarce worth the rehearsal considering what he performed afterwards his endeavours for the French Crown which that I may in order describe I will begin with the original cause of this invasion King Phillip of France dying without issue the right of succession unto that Crown belonged to King Edward as nearest in blood being his Sisters Son but Philip of Valois the Heir to Charles a former King usurps the Crown pretending a Law which they call Salique wherein Females are debarred from inheritance or as they term it the distaff from meddling with the Crown according to that in the 6. of Matthew Consider the Lillies the arms of France how they grow they toil not neither do they spin Philip hereupon summons Edward to do homage for the Lands he held in France which though prejudicial to his after claim yet in regard his Kingdome of England was scarce well settled and himself but young he was contented to do but this his Homage was exacted with such pride on the French Kings part that it left a rancour in his heart for ever after so that returning into England he studies revenge nor long wants he an instrument to spur him on for one Robert of Arthois being banished out of France comes over into England and becomes an incendiary betwixt the two Kings this fugitive King Edward entertains makes him Earl of Richmond and one of his Council then passing over into Flanders by perswasion of the Flemings he takes upon him the Stile Title and Arms of the King of France who hereupon establish a League with him accounting themselves disobliged of the Bond of tweny hundred thousand Crowns which they had entred into never to bear Arms against the King of France confederating himself with them and many other Princes with a well selected army he enters France King Philip on the other side was not idle but draws to his part the King of Bohemia the Bishop of Leige Earl of Luxembourge Henry Count Palatine Aubut Bishop of Metz Otho Duke of Austria Ame Earl of Geneva with many other and with a mighty Army confronting King Edward near to Vermandeis who notwithstanding part without doing any thing worth the relating unless we should relate what to some way seem ridiculous A Hare starting out before the head of the French Army caused a great shout to be made whereupon they who saw not the Hare but onely heard the shout supposing it to be the onset to the Battel disposed themselves to fight and fourteen Gentlemen for encouragements sake as the custom is were Knighted called afterward in merriment Knights of the Hare King Edward returning into England left the Earls of Salisbury and Suffolk in Flanders to oppose the French who having performed many great exploits in an encounter near Lisle were both taken prisoners King Edward to repair this loss prepares again for France to impeach whose landing King Philip had provided a Navy of 200. sail whereof when Edward was advertised he prepares the like number of ships to encounter with them and sets out to Sea upon Midsummer-eve the next day Sir Robert Morley brings an addition to his Fleet which joyned together set upon the French in the Haven of Sluce defeated their whole Navy took and sunk all their Ships and slew thirty thousand of their men as a Poet versifies on those times Thus Salsburies and Suffolks loss which they Receiv'd on Land at Sea was washt away Many of the French to escape killing drowned themselves trusting to the mercy of the Waves rather then to the pitty of the English which made the French Kings Jeaster set on to give him notice of this overthrow to repeat often in the Kings hearing Cowardly English men Dastardly English men Faint-hearted English men and being by the King asked the reason why Because said he they durst not leap out of their Ships into the Sea as our brave French men did by which speech the King came to have knowledge of their overthrow The French lay the blame of this defeat on one Buchet who having a chief command in the Navy armed his ships with men of base condition content with small pay and refused Gentlemen and sufficient Souldiers in regard they required greater wages according to the old Law When covetous Chiefs are sparing of their Crowns Few Souldiers will be prodigal of wounds Edwards Wings thus plumed with Victory he flies amain to the Siege of Tournay with an Army of five and fifty thousand where he is encountred by the Duke of Burgandy and Earl of Armigniack who slew four thousand of his men upon the place
Castle an honourable Mansion of his own where he continued and kept a bounteful house to the time of his death which happened in the fourscore and sixth year of his age He was buried at Thetford Abbey in Norfolk dying after a most generous life worth a large estate so clear from debt that at his death he owed not one groat to any person whatsoever an unusual happiness to attend so great a Souldier and Courtier as he was From this famous Duke is descended the Right Honorable James Earl of Suffolk whose great Grandfather Thomas Howard Duke of Norfolk married Margret sole Daughter and Heir to Sir Thomas Audley Lord Chancellour of England by whom he had issue Thomas Lord Howard of Walden and Earl of Suffolk who built that magnificent Structure at Audley-end who left the same to his Son and Heir Theophilus a worthy Gentleman the Father of James Earl of Suffolk now living Anno 1659. To whom with his most vertuous Lady I wish all encrease of true honour and felicity To the greater honour of these Progenies this Heroick Earl died so much a Laureat that his Songs and Sonnets by all those that rightly understand Poetry are looked upon as in those dayes to have been the Muses Parnassus so that for his Epitaph there needed no more to be writ but that here lies interred The greatest Courtier the most valiant Souldier and the most accomplisht Poet of those times The Life of CARDINAL VVOLSEY Fortunae variantis opus Wolsaeus ad alta Scandit iter dubium certa minitante ruina CArdinal VVolsey the Tennis-ball of Fortune was born at Ipswich in Suffolk of so poor and despicable Parents that were his story of an ancient date and not delivered by Authentique Historians it might pass for a fiction his Father being no more but a poor Butcher from so low a beginning did he rise to the highest pitch of honour His Education in youth was at Oxford in Maudlin Colledge from thence he was preferred to be School-master to the Marquess of Dorsets Children where he first learned to be imperious over noble blood the Marquess dying Wolsey went into France to seek his Fortune and coming to Callis became servant to Sir John Naphant then Treasurer of the Town where he behaved himself with so great discretion that his Master shortly preferred him to King Henry the Seventh Having thus cast Anchor at Court the Haven of hope and Port of Promotion he was more then double diligent in the Kings eye and very serviceable to Doctour Fox Bishop of Wincheter Secretary and Lord Privy Seal as also to Sir Thomas Lovel Master of the Wards and Constable of the Tower who perswaded King Henry having urgent business with Maximilian the Emperour to send Wolsey in Embassage unto him being at that present in the Countrey of Flanders who returned again before he was thought to be gone and withal concluded some Points forgot in his directions to the hight contentment of King Henry for the which he bestowed upon him the Deanry of Lincolne and not long after made him his Almoner But King Henries day now drawing towards night he adores the rising Sun Prince Henry and having found the length of his foot fitteth him with an easie shoe well knowing there could be no loss to humour him who was so able to give nor was he deceived in his expectation for Henry afterwards coming to be King and having conquered the City of Tourney in France bestowed the Bishoprick of the same upon VVolsey and not long after made him Bishop of Lincolne and Archbishop of York And now being Primas Anglia carried himself accordingly by erecting his Cross in the Kings Court although within the Jurisdiction of Canterbury which high presumption VVilliam Archbishop of Canterbury greatly checked But VVolsey not abiding any Superious obtained to be made Priest Cardinal and Legatus de Latere unto whom the Pope sent a Cardinals Hat with certain Bulls for his Authority in that behalf And now remembring the taunts he had received from Canterbury found means with the King that he was made Lord Chancellour of England and Canterbury which was Chancellour dismissed who had continued in that place long since before the death of King Henry the Seventh VVolsey now sitting at the Helm of Church and State had two Crosses and two Pillars born ever before him the one of his Archbishoprick the other of his Legacy by two of the tallest Priests that were to be found in the Realm To the better maintenance of which chargeable estate the King bestowed on him the Bishoprick of VVinchester and in Commendam the Abbey of St. Albans and with them he held in Farm the Bishopricks of Bathe VVorcester and Hereford enjoyed by strangers incumbents not residing in the Realm so that now being Bishop of Tourney Lincolne York VVinchester Bathe VVorcester and Hereford he seemed a Monster with seven heads and each of them crowned with the Mitre of a Bishop far different from the state of his Lord and Master Christ who had not a hole wherein to hide his head Yet his ambition resteth not here next he aspires to the Triple Crown he onely wants Holiness and must be Pope to the attaining of which Dignity he makes means to the Romish Cardinals as also to the Emperour Charles the Fifth Gold he gave to the Cardinals and they gave him golden promises although they proved but empty performances nor did the Emperour serve him any better promising much but performing nothing VVolsey hereat enraged studies revenge and by his instruments seeks to make a divorce betwixt Queen Katherine Dowager the Emperours Aunt and King Henry the Eighth his Master thereby to advance a Marriage betwixt him and the King of France's sister But though he effected the one he failed in the other for contrary to his expectation King Henry fell in love with Anna Bullen a Gentlewoman nothing favourable to his Pontificial Pomp nor no great follower of the Rites of those times which moved the Cardinal the Pope having assumed the sentence of Queen Katherines cause unto himself to write unto his Holiness to defer the judgement of Divorce till he had wrought the Kings minde in another mould But though this was done secretly it came to the Kings ear and wrought his minde quite off from the Cardinal which finally was the cause of his confusion for upon the Kings dislike the Counsel articled against him and the Law found him in a Premunire for procuring to be Legatus de latere and advancing the Popes Power against the Laws of the Realm for which resentment the Kings displeasure was so incenst that the Broad Seal was taken from him and most of his other Spiritual Preferments his house and furniture seized on to the Kings use and himself removed to Cawood Castle in Yorkshire Yet was he still left Bishop of Winchester and Archbishop of York to which last providing for his installing state equivalent to a Kings Coronation he was arrested of
thy ever active fame Shall build a world unto thy pregnant name And every letter of thy stem shall raise A spacious Kingdom where thy ample praise Shall be recorded every listening ear Shall prove ambitious be intranc't to hear 'T will be a glory when the world shall say 'T was bravely done his Soveraign led the way And he as valiant Souldiers ought to do March't boldly after and was alwayes true To sacred Majesty his Heroe'd breath Disdained the fear of a so courted death Death added life unto his thoughts for he Contemn'd a death he bought with Victory The very Birds shall learn to prate and sing How Capel suffer'd for his Royal King The Life of JAMES Marquess of Montross Earl of Kincardine c. IT may seem strange in such a scarcity of Scotch Worthies there also being already so many of our own that I should go about to borrow one from that Countrey where if Diogenes were alive again the Cinique as I have heard one merrily express with his Lanthorn would make no long inquest after such an impossibility but infallibly conclude that there is not such another to be found in Scotland This renowned Marquess was extracted from the Ancient and famous Family of the Grahams in Scotland whose valiant and loyal Actions have eternized their Names to all posterity His Grandfather and Father were advanced by King James and King Charles unto places of the greatest honour in that Kingdom which they most happily discharged with the love and good affection both of King and People This Honourable Person whose Life we now relate persisting in his Predecessours steps may give us cause to think that Valour and Loyalty were entailed on that Family Yet at first he sided with the Covenanters against the Royal Party they pretending to nothing then less then the preservation of Religion the Honour and Dignity of the King the Laws of the Land and the Freedom of the Nation But having found that those fair tales were onely pretensions and onely coyned of purpose to draw people to their side he like a wise man finding their hearts alienated the King he mediated a disengagement but finding the work difficult he a while dissembled his intent seeming as active as he was before that when time served he might dissert them to better purpose having also many of his friends amongst them whom he hoped to draw off by which means he should be able to gather no small power which would conduce much both to the Kings safety and his own Whilest he was upon these determinations the Covenanters had raised a strong Army and in a solemn convention at Duns they determine to invade England Montross seeing he could not hinder those actions would not seem to disapprove of them and having the command of two thousand Foot and five hundred Horse to seem the more active was the first man that set foot on English ground and had his friends fulfilled their promises he had not onely broken to pieces the Covenanters designs but in all probability had brought the whole Army along with him to the King But the Scots marching over the Tine otherwise then he expected he was much disappointed of that opportunity he so longingly attended yet he kept the same loyal Inclinations towards the King which taking advantage of the Treaty that ensued betwixt them that he found means to acquaint his Majesty by Letters wherein he protested his faith and ready obedience to him but these Letters being stoln out of the Kings pockets by his Bed-chamber men the supposed instruments of Hamilton and by them coppied out were sent to the Covenanters at New Castle which place by the treachery of some English Commanders was yielded unto them who concealing their Information did not withal conceal their malignity against the Earl but laboured all they could to render him odious to the people and thereby unserviceable to his Majesty Nor wanted they fit instruments for this purpose for having obliged to themselves most of the Preachers throughout the Kingdom they made use of their mercenary tongues to rail against the King and his faithful Subjects as the enemies of Christ being themselves the while the very shame and scandal of Christianity Yet still Montross goes on in his Loyal intentions and joyns to his side many of the prime men for Nobility and Power though some of them afterwards for fear betrayed their designs unto the Covenanters so that on a sudden when he suspected nothing he with Napier Lord of Marchiston and Sir Sterling Keer were committed Prisoners to the Castle in Edenburgh But a Pacification being made betwixt both Kingdoms he with his friends were set again at liberty Not long after in England happened those fatal discords betwixt the King and Parliament which growing so high that they came to be determined by the Sword the Covenanters not to be wanting in the aid of their Confederates resolved to raise a puissant Army and to oblige Montross to their side proffered him freely the Office of Lieutenant General of the Army and what ever else he could desire and they bestow But he not more careless of their proffers then careful to inform the King of the danger that hereby hung over his head to which purpose he poasts into England taking onely the Lord Ogleby into his counsel and company At York he informs the Queen of the covenanters intentions and of the danger that would ensue thereof which doubtless had taken good effect at that time had not the coming of Duke Hamilton out of Scotland upon pretence of kissing the Queens hand but with intent to overthrow Montross his councels hindered the same who perswaded the Queen there was no fear of any Army nor that the King should need despair of amity and reconciliation with them protesting he himself would be active for the King with his person and estate But the Covenanters proceeding on in their designs and Montross having better knowledge of their intentions then before he goes to Glocester and delares the same to the King himself but the King was so soothed up with Letters of the contrary from Hamilton and some such other Courtiers also buzzing in his ears Montrosses youth his rashness his ambition the envy and hatred he bare unto the Hamiltons and on the other side the Hamiltons fidelity their honesty their discretion their power so that Montross nothing prevailed In the mean time the Covenanters were not idle but having raised an Army of eighteen thousand Foot and two thousand Horse march for England and now the King when it was too late seeing himself thus grossy abused sends for Montross and asks his advice what was best to be done Montross having declared the desperate estate Scotland was in at that present and how abominably his Majesty had been betrayed by them with whom he had entrusted his secrets resolved nevertheless if the King would lay his Commands upon him nothing distrusting Gods assistance in a righteous cause he would
for the fafety of my life I am forced to print an Apology and because you are named in it I judge it but man-like to send you a Copy of it And if I had not been travelling last post-day I had sent to you then And I have also by this post sent to a friend three sheets of paper in writing to communicate to your Lordship The which if you please to read them you will finde that you are deeply concerned in them I have no more to say to your Honour but to desire God for you if it be his pleasure to make you speedily as righteous in actions as you were some years ago in declarations and to take leave to say I am yet as much honest John Lilburne as ever I was in my life that neither loves flattery nor fears greatness or threatnings His Wife also sollicites the General for a pass which though not granted yet over he comes so confident he was that at Canterbury in his way to London he presently begins to boast of his own interest in England saying He had no need of a pass being as good a man as Cromwel and that he did not fear what he could do unto him Yet notwithstanding his monstrous confidence he was committed to prison and by order of Parliament tryed for his life at the Sessions House in the Old-Bailey August the 20. 1653. where he pleaded that the Act whereupon he was Indicted was a lie a falshood that it had no Law nor Reason in it That the Parliament could not make any Act of Parliament since the Kings head was cut off that by the same Law they voted him to death they might vote his honest twelve Jury men calling Jehovah to witness and protesting before God Angels and Men that he was not the John Lilburne intended in the Act whereupon this Jury following the example of the former satisfied with his answers and not questioning the validity of the Act found him not guilty Thus you see what endeavours were used to rid the Nation of him by tryals banishment and what not though in vain when as many a more heroick spirit and gallant heart far transcending him in birth and parts have fallen by the Sword of Justice in the twinkling of an eye truth it is he was a man of a restless and invincible spirit that could never be deterred with threats nor won with favours though as it is reported 3000. pounds was given out of the sale of Theobalds as a sop to stop his mouth he was questionless of a most implacable spirit working and restless as the Sea not to be appeased but with the blood of his adversaries nor can I deny but some of those things he aimed at were honest and useful for the people but he steered not the right course to attain those ends It may be admired at by some how such an illiterate person as Lilburne one whose breeding promised him more skill in his last trade of Sope then in Cook or to have had better judgement in rusticity in a Plow then in Plowden who from this low rise mounted no higher then to inferiour employments until in the late Wars he somewhat advantaged and preferred himself by his Sword I say it may seem strange to some how this person thus qualified should come to have so much knowledge and understanding in the Law for answer to which it is to be understood that Mr. Lilburne had formerly turned over some Statute Books in which he had made a small progress and that afterwards at such time as he was committed in the Tower there remained a prisoner there though for a different Cause that heart of Oak and a pillar of the Law Judge Jenkins who finding Lilburne of an accute Wit and one who dared to speak what some pusilanimous spirits were afraid to entrust their thoughts with he selected him as fit person to bandy against the present Government and by weakening their power to advance his Masters interest hereupon he helps him with tools wherewith to let up his trade so that in short space Magna Charta and Cooks Institutions were made his familiars by which means he quickly grew so cunning a gamester that like unto a cat throw him never so high he would be sure to pitch upon his feet Thus the old Judge and another reverend Divine in his learned volume of prophecying publisht to hook in the Independant party so strangely mistook themselves as that they could not have done their own cause a greater mischief But the Squib is now almost run to the end of the Rope we shall in the last place present our Proteus in the shape of a Quaker the person that converted him was a single-hearted Shoe-maker as he terms him in his Letter to his Wife which he writ to her from Dover Castle whither he was committed by the Parliament part whereof for your further satisfaction I have transcribed though curtail'd you have Mr. Johns own words to his Wife It is not much material what part of it I begin with such Quaking Cantings being to be read backwards like the Hebrew The contents follow And so in much mercy and endeared loving kindness as God did in my great straits in the Bishops time provide and send unto me a poor despised yet understanding Priscilla to instruct me in or expound unto me his wayes more fully and perfectly whom I am compelled now to tell thee I shall love and respect therefore the longest day I live upon the earth let her continue by whomsoever to be judged never so rigid or contemptible so here at this place he hath also provided for me an Aquila being a contemptible yet understanding spiritually knowing and single-hearted Shoe-maker to do the same now to my spiritual and no small advantage refreshment and benefit by means of all which I am at present become dead to my former bustling actings in the world and now stand ready with the devout Centurion spoken of Acts 10. To hear and obey all things that the lively voice of God speaking in my soul shall require of me upon the further manifestation of whose glorious presence my heart with a watching fear and care desires to wait and to walk faithfully and tenderly and humbly in that measure of light already received c. In another place he thus insinuates with his Wife to gain her to his opinion And now my dear love for whom my soul travels with God for thy eternal good with the same sincere heartedness as for my own hoping that thy late out-fall and mine was but for a set season that so as Divine Paul in another sense speaks Philem. 15. thy reconciliation and mine again might now remain firme in love for ever And a little after I therefore earnestly entreat thee not to cumber thy self in thy many turmoylings and journeyings for my outward liberty but sit down a little and behold the great salvation of the Lord. Subscribing his Letter thus Thine in the strength of
that horrid Garb of yellow Ruffs and Cuffs and in which Garb she was after hanged she having acquaintance with one James Franklin a man skilled for their purpose agreed with him to provide that which should not kill presently but cause one to languish away by degrees a little and a little Sir Jervas Velvis Lieutenant of the Tower being drawn into the conspiracy admits of one Weston Mrs. Turners man who under pretence of waiting upon Sir Thomas was to act that horrid tragedy The Plot thus contrived Franklin buyes certain poysons viz. Rosater White Arsenick Mercury Sublimate Cantharides red Mercury with three or four more deadly ingredients which he delivered to Weston with instructions how to use them Weston an apt scloller in the Devils school tempers them in his broath and meat increasing or diminishing their strength according as he saw him affected besides these poysoned tarts and jellies are sent him by the Viscount At last his salt his sauce his meat his drink and whatsoever he eats is mingled with poyson till his hair fell from his head and he was strangely forced to part with the excrements of his nails so that had he not been a very strong man he could have never stood it out so long Besides these villanies was added this affliction that none of his friends were permitted to see him or so much as to speak with him but at a window so that all things considered we may conclude him as to his outward condition truly miserable In the mean time the Viscount flourishes the marriage is consumated betwixt him and the Countess and more honours conferred on him being created Earl of Somerset Sir Thomas Overbury hearing of this marriage makes great lamentation foreseeing thereby his own death yet having some weak hopes of the Earl he sends this letter to him to minde him of his former promise Right noble and worthy Sir your former accustomed favours and absolute promise concerning my present deliverance hath caused me at this time to sollicite your Lordship and to put you in remembrance of the same not doubting that your Honour is at all forgetful of me but onely by reason of my imprisonment being possest of divers diseases would for my bodies health and safety taste the felicity of the open Air in which cause if your Lordship please to commiserate my present necessities and procure me my speedy deliverance I shall not onely stand so much the more obliged to you but also acknowledge you to be the preserver of my life The Earl having received the Letter returns him answer that presently he could not accomplish his desires but willed him not to doubt for shortly he should have a deliverance which indeed proved true thought not as Overbury intended for the conspirators now hearing some inkling of Sir Thomas's releasement resolve upon his quick dispatch to this end Weston agrees with an Apothecary for twenty pound to administer an empoysoned glister unto him Sir Thomas perswaded that it would be much for his health takes it by the infusion whereof he falls into a languishing disease with a griping in his guts the next day after which extremity of pain he died and because there was some blisters and ugly botches on his body the conspirators gave it out that he died of the French Pox. This past currant and the mischief lay concealed a long time but God who will never suffer such mischiefs to pass unpunished revealed the same Somersets conscience begins now to accuse him that former love that he bore to him till the eyes of his Lady had enchanted him returned his wonted mirth forsakes him he is cast down he takes not that felicity in company he was wont but still something troubles him And hearing of the peoples mutterings concerning Overburies death finding the King in a good humour he makes his address to this effect That whereas it had pleased his Majesty to commit many things unto his charge and some of them proving something too weighty for him to undergo it was so that ignorantly he had run himself into a Premunire whereby he had forfeited to him both his lands goods and liberty unless it pleased him of his wonted favour to grant him pardon for that and many other offences that he had ignorantly committed The King still bearing a good affection towards him bids him draw his pardon and he would sign it Which accordingly he did but it comming to the Lord Chancellours hands he refused to let it pass the Seal and acquainted the King with the danger that might accrew thereby And now suspicion growing higher of Sir Thomas Overburies death Weston is examined by the Lord Cook who at the first stiffly denied the same but being perswaded by the Bishop of London he tells all How Mistress Turner and the Countess came acquainted what relation she had to Witches Sorcerers and Conjurers that Northampton Somerset Franklin the Monsons and Yelvis had all their hands in it whereupon they were all apprehended some sent to the Tower others to New-gate Having thus confessed being convicted according to course of Law he was hanged at Tyburn after him Mistress Turner after her Franklin then Sir Jervas Yelvis upon their severall Arraignments of the fact were found guilty and executed some of them died very penitent and sorrowful for what they had done against such an incomparable person The Earl and his Countess were both condemned but through the Kings gracious pardon had their lives saved but were never admitted to the favour of the Court. This Ingenuous Knight whose death was so generally lamented was the other Sidney of this Nation One of our Modern Writers observes that he was too honest which with the Machiavelians is interpreted to be too open breasted as they retain this principle that one that waits on great persons ought to keep a secret till his breath stinks Whereas without question he did enlarge himself too much also in his discourse to others which besides his down-right Integrity to the Viscount being as sharp Wits are too much addicted to an unfortunate way of jeering and jeasting must of necessity prove fatal to him the revenge of a woman being alwayes in pursuit His Poem of a Wife is to the life his Characters to this day not outwitted by any To give a taste of the respects those times tendred him I have affixed these following Verses To the Memory of the generally bewailed Gentleman Sir THOMAS OVERBURY BVt that w' are bound in Christian piety To wish Gods will be done and destiny In all that haps to men or good or ill Suffer'd or sent by that implored will Methinks t' observe how Vertue draws faint breath Subject to slanders hate and violent death Wise men kept low others advanc'd to State Right checkt by wrong and ill men fortunate These mov'd Effects from an unmoved Cause Might shake the firmest faith Heavens fixed laws Might casual seem and each irregular sense Spurn at just Order blame Gods Providence But what
that some conclude his death was for necessity and rather for the satisfaction of rancourous apprehensions then for any guiltiness in the cause The lower House perceiving by the Lieutenants insinuating and witty defences a great encrease of his friends in the Lords House they resolved of no more hearing of him in publique but to draw up a Bill of Attainder and present the same to the Lords whereby first the matter of Fact should be declared to have been sufficiently proved and then in the matter of Law that he had incurred the censure of Treason for intending to subvert the Fundamentall Laws of the Kingdom And they were confident the Lords would ratifie and approve of this Bill of theirs and give judgement accordingly But the Lords fearing such Proceedings as a beaten path troden out to the ruine of their own lives and estates told the House of Commons that they themselves as competent Judges would by themselves onely give sentence in the Cause nor was there course suitable to the practise and State of the Kingdom the safety of the Nobility or to Equity or common Justice It was replied by them of the Lower House that they were resolved to go on with their Bill and if the same should be rejected by the Lords they feared a rupture and division might follow to the utter ruine and desolation of the whole Kingdom That no content would be given to the Subject unless the man who had so much intruded upon their right and discontented the people might be punished as a Traytour and dealt withal according to his demerits But the Lords were resolute in their first determinations and resolved to give him a fair hearing in the matter of Law whereupon his Councel were called to the Bar Master Lane the Princes Attorney Master Gardiner Recorder of London Master Loe and Master Lightfoot who spake both much and to the purpose Yet would this nothing satisfie the House of Commons no though the King in person in a set Speech declared unto them That there never was such a project nor had the Lord Strafford ever offered such advice for the transporting of an Irish Army into England neither had advised him to establish an Arbitrary Government that he would never in heart nor hand concur with them to punish him as a Traytour and desir'd therefore that they would think of some other way how the business might be composed Nor should it ever be less dear to him though with the loss of his dearest blood to protect the innocent then to punish the guilty But this made the House of Commons a great deal the more pressing fearing by the Kings peremptory answer that there was some plot underhand But the House of Commons were not so much inflamed by the Kings Speech as the common people who to the number of five or six thousand having Weapons and Battoons in their hands came to VVestminster and at the entering at every Coach cryed out for speedy justice and execution with a wonderful and strange noise After this they drew up the names of those either in the House of Commons or the House of Lords whom they imagined to favour the Lieutenant and gave them the Title of Straffordians with this close That all those and all other enemies to the Common-wealth should perish with him and did post up the names of fifty five at the Corner of Sir William Brunkards house in the old Pallace-yard in Westminster writing underneath This and more shall be done to the Enemies of Justice afore-written The House of Commons in the mean time were not idle but brought forth a Protestation or band of Association as they termed it much like the Covenant taken not long before in Scotland which without further process or delay was subscribed by the whole House except the Lord Digby and an Uncle or Friend of his Not long after the Bill against the Lord Stafford past the Lords there were forty five present of which nineteen voyced for him and twenty six against him the greatest part of his friends absented themselves upon pretence whether true or suppositious that they feared the multitude otherwise his suffrages had more then counterpoised the voters for his death Nothing wanted now but the Kings assent to this Bill which the same afternoon was desired of him the King desired respite for two dayes consulting in the mean time with some Bishops and Judges what to do in this case who as the sequel shows advised him thereunto so that we may herein admire at the wonderful Providence of God to suffer not onely the King and the Country but the Church too to be involved in his blood who had stood so stiffly in the Churches maintenance But nothing gained his Majesties assent thereunto so much as a Letter from the Lieutenant himself wherein he desired his Majesty that for the preventing of such mischiefs as might happen by his refusal to pass the Bill intimating his consent therein as this following Letter of his testifies May it please your sacred Majesty It hath been my greatest grief in all these troubles to be taken as a person which should endeavour to represent and set things amiss between your Majesty and your people and to give Counsels tending to the disquiet of the three Kingdoms Most true it is that this mine own private condition considered it hath been a great madness since through your gracious favour I was so provided as not to expect in any kinde to mend my fortune or please my minde more then by resting where your bounteous hands had placed me Nay it is most mightily mistaken for unto your Majesty it is well known my poor and humble advises concluded still in this That your Majesty and your people could never be happy till there were a right understanding betwixt you and them no other means to effect and settle this happiness but by the Councel and assent of the Parliament or to prevent the growing evils upon this State but by intirely putting your self in the last resort upon the loyalty and good affections of your English Subjects Yet such is my misfortune this truth findeth little credit the contrary seemeth generally to be believed and my self reputed as something of separation between you and your people under a heavier censure then which I am perswaded no Gentleman can suffer Now I understand the mindes of men are more incensed against me notwithstanding your Majesty hath declared that in your Princely opinion I am not guilty of treason nor are you satisfied in your conscience to pass the Bill This bringeth me into a very great strait there is before me the ruine of my Children and Family hitherto untouched in all the branches of it with any foul crimes Here is before me the many ills which may befal your sacred Person and the whole Kingdom should your self and Parliament part less satisfied one with the other then is necessary for the preservation both of King and people Here are before me
and successful an enemy as followed them at the heels June 12 1648. they settled themselves a Garrison the Parliament Horse coming up and quartering within Canon shot of the Town Touching these proceedings I have further inlarged my self in the Life of Sir Charles Lucas But the greatest of all dangers which threatned the Parliament was from the North from the Kingdom of Scotland Duke Hamilton with an Army of five and twenty thousand entered England for the King with whom joyned Sir Marmaduke Langdale divers of the chief Ships of the Royal Fleet likewise much about the same time revolted from the Parliament and set their Vice-Admiral Rainsborow ashore affirming they were for the King and would serve Prince Charles sailing towards Holland where the Prince the was and with him his Brother the Duke of York who not long before fled privately out of London The Earl of Holland also with they young Duke of Buckingham having five hundred Horse appeared in Arms for the King by Kingston so that all things considered we may conclude that the Kings party since the beginning of the Wars was not in a likelier condition at least more formidible then at this present but God had otherwise decreed and all these fair hopes in a few dayes vanished into nothing as the following ill successes will declare The Earl of Holland soon after his rising was put to flight by Sir Michael Levesey and others The Lord Francis Villers Brother to the Duke of Bucking ham was slain and Sir Kenelm Digby's eldest Son who as he was fighting with four at once was cowardly thrust through his Back Holland flying with the remainder of his Horse was within few dayes after at the Town of Saint Needs by Collonel Scroop whom the General Fairfax had sent from Colchester for that purpose altogether subdued Holland himself taken and by the Parliament committed prisoner to Warwick Castle Langhorn and Powel were totally routed between the two Towns of Fagans and Peterstone and having lost all their Army escaped by flight to Colonel Poyer into Pembroke Castle which after a strait Siege was surrendred to Cromwell the three Collonels rendring themselves Prisoners at mercy Poyer onely suffered death who in hopes of a Reprieve dissembled a reluctancy when he was ready to dye Cromwel from thence marched against the Scots who were now come as far as Preston in Lancashire and with the addition of Lamberts strength gave Battel to Hamilton pursuing them as far as Warington about twenty miles and killing many in the Chase took Lieutenant General Bailey Prisoner with a great part of the Scottish Army granting them onely quarter for their lives In this Battle were slain three thousand Scots and taken Prisoners about nine thousand Duke Hamilton himself within few dayes after having fled with a good party of Horse to Vttoxeter was there taken prisoner by the Lord Gray and Collonel Wait. With Hamilton were taken about three thousand Horse Langdale also not long after was taken prisoner in a little Village by Widmerpole a Parliament Captain this was the success of Hamiltons invading England The Trophies of this Victory were placed in Westminster Hall Soon after was the strong Town of Colchester surrendred to General Fairfax which for three moneths together with much Resolution and Gallantry was defended by Sir Charles Lucas Norwich Capel c. until all hopes they had of relief were utterly blasted and all their provisions quite spent not so much as a Dog or a Cat left them to satisfie the necessity of Nature Sir Charles Lucas and Sir George Lisel were shot to death the same day the Town was surrendred the Earl of Norwich Lord Capel and Master Hasting Brother to the Earl of Huntington were sent Prisoners to London The Lord Capel some few weeks after together with Duke Hamilton and the Earl of Holland were all three beheaded The Parliament during these Broils to give some seeming satisfaction to the Kingdom annulled their former votes of making no further addresses to the King and restored again to their seats eleven of their Members who had formerly been impeached by the Army a Treaty was voted to be with the King in the Isle of Wight the Earl of Middlesex with two of the House of Commons were sent to the King who made answer that he was very ready to treat of peace and named Newport in that Island to be the place Five of the House of Peers and ten of the House of Commons were appointed Commissioners and the Treaty went on with a great deal of seeming satisfaction on both sides But whiles they were intent upon the business a Petition was exhibited to the Parliament wherein they desired that the King might be tried by the Laws and brought to justice and all further Treaties with him to be laid aside which when the Parliament denied the Army not being satisfied they march some of them towards Newport others to the King who was now a Prisoner as large In the mean time the General sends his Letters to Collonel Hammond to render up his Command to Collonel Ewers who is to take the charge of the King but the Parliament vote him hereupon to stay there of which the General having notice 27. November The Army fast and pray and receive according to the still continued fashion Petitions from several Counties in order to what they intend to resolve and therefore Hammond submits and delivers up the King to Ewers and comes towards the Army The Parliament are angry and vote a Letter to the General that his orders and instructions for securing of the Kings person are contrary to their resolutions and instructions to Collonel Hammond and that it is the pleasure of the House that his Excellency recal his orders and that Colonel Hammond be free to take his charge to the Isle of Wight the Treaty being ended but instead of obedience hereto he salutes them with a sharp Letter for money to pay Arrears for the Army hereupon the Army marches to London and the King had his removes by Ewers till he came to the Block After that the House had past their Vote for no address to the King he being in a sad condition by his stricter condition in Hurst Castle hearing of these Votes prepares his soliloquies for his assured comfort in death as we finde his meditations in those golden Leaves of his Book As I have leasure sayes he so I have cause more then enough to meditate on and prepare for my death for I know that there are but a few steps betwixt the Prisons and the Graves of Princes Now the Ax was laid to the root of the Tree the House of Commons vote that by the Fundamental Laws of the Realm it is Treason for the time to come to Levy War against the Parliament and Kingdom the Ordinance for the Kings Trial was refused by the Lords January 2. After this a Proclamation was from the House of Commons for any one to accuse the King the Ordinance of
be taken pro Confesso and the Court ot proceed to Justice The President repeats in brief the passages of the last day and commands the King to answer to the Articles of the Charge unless he had rather hear the Capital Sentence against him The king persists to interrogate concerning the Cause and sayes That he less regards his life then his Honour his Conscience the Laws the Liberties of the people all which that they should not perish together there were weighty reasons why he should not prosecute his defence before the Judges and acknowledge a new form of Judicature for what power had ever Judges to erect a Judicature against the King or by what Law was it granted sure not by Gods Law which on the contrary commands obedience to Princes nor by Mans Laws the Laws of our Land sith the Laws of England enjoyn all Accusations to be read in the Kings Name nor do they indulge any power of judging the most abject Subject to the Lower or Commons House neither lastly their Power flow from any Authority which might be pretended extraordinary delegated from the people seeing ye have not askt so much as every tenth man in this matter The President interrupting his Speech rebukes the Kings and bids him be mindeful of his doom affirming once more that the Court was abundantly satisfied of their Authority nor was the Court to hear any reasons that should detract from their power But what sayes the King or where in all the world is that Court in which no place is left for reason Yes answered the President you shall finde Sir that this very Court is such a one But the King presses that they would at least permit him to exhibit his reasons in writing which if they could satisfactorily answer he would yield himself to their Jurisdiction Here the President not content to deny grew into anger demanding the Prisoner to be taken away The King replied no more to these things then Remember sayes he this is your King from whom you turn away your ear in vain certainly will my Subjects expect Justice from you who stop your ears to your King who is ready to plead his Cause The Saturday after the 27. of January before they assembled sixty eight of the Tryers answered to their names The President in a Scarlet Robe and as the King Came the Souldiers cryed out for Execution of Justice The King speaks first and desires to be heard a word or two but short and yet wherein he hopes not to give just occasion wherein to be interrupted and goes on A sudden Judgement sayes the King is not so soon recall'd But he is sharply reproved of contumacy The President profusely praises the patience of the Court and commands him now at length to submit otherwise he shall hear the sentence of of death resolved upon by the Court against him The King still refuses to plead his Cause before them but that he had some things conducible to the good of his people and the peace of the Kingdom which he desires liberty to deliver before the Members of both Houses But the President would not vouchsafe him so much as this favour least it should tend he said to the delay and retardation of Justice To which the King replies It were better to sustain a little delay of a day or two then to precipitate a Sentence which will bring perpetual Tragedies upon the Kingdom and miseries to Children unborn If sayes he I sought occasion of delay I would have made a more elabourate contestation of the Cause which might have served to protract the time and evade at least the while a most ugly sentence but I will shew my self a defender of the Laws and of the Right of my Country as to chuse rather to dye for them the Martyr of my People then by prostituting of them to an arbitrary power go about to acquire any manner of liberty for my self but I therefore request this short liberty of speaking before a cruel Sentence be given for that I well know 't is harder to be recall'd then prevented and therefore I desire that I may withdraw and you consider They all withdraw the King into Cottons House and the Tryers into the Court of Wards and in half an hour return The President as he had begun so he proceeds into a premeditated Speech to hasten Sentence which the King offers reason to forbear whilest he might be heard before his Parliament and this he requires as they will answer it at the dreadful day of Judgement and to consider it once again But not prevailing the President goes on wherein he aggravates the Contumacy of the King and the hatefulness of the cimes he asserts Parliamentary Authority producing Examples both Domestick and Forreign c. his Treasons he stiles a breach of Trust to the Kingdom as his Superiour and is therefore called to an account minimus majorum in Judicium vocat his murthers are many all those that have been committed in all the War betwixt him and his people are laid to his charge all the innocent blood which cannot be cleansed but by the blood of him that shed the blood So then for Tyranny Treason Murther and many other crimes he wishes the King to have God before his eyes and that the Court calls God to witness that mearly their Conscience of Duty brings them to that place of this employment and calls for Gods assistance in his Execution The King offered to speak to these great Imputations in the Charge but he was told that his time was past the Sentence was coming on which the President commanded to be read under this form Whereas the Commons of England have appointed them an High Court of Justice for the Trial of Charles Stuart King of England before whom he hath been three times convented and at the first time a Charge of High Treason and other Crimes and Misdemeanours were read in the behalf of the Kingdom of England c. To which Charge he the said Charles Stuart was required to give his answer and so exprest several passages at his Tryal in refusing to answer for all which Treasons and Crimes the Court doth adjudge that the said Charles Stuart as a Tyrant Traytor Murtherer and Publique Enemy shall be put to death by the severing his Head from his Body This Sentence sayes the President now read and publisht is the Act Sentence Judgement and Resolution of the whole Court to which the Members of the Court stood up and assented to what he said by holding up their hands The King offered to speak but he was instantly commanded to be taken away and the Court brake up After the Sentence the King was hurried away mockt and reviled by the Souldiers they puft their Tobacco in his face no smell being more offensive to his father and him such as saluted him they bastinadoed one that did but sigh God have mercy they cane'd they intrude almost into his Closet hardly permitting him
command to desist from his purpose because the Treaty betwixt the Prince and the Scottish Commissioners was now very near a conclusion made him precipitate himself and those that were with him into most inevitable ruine for considering his small preparation it was a desperate action to attempt so mighty a business but the matter being fatal he must needs contribute his own endeavours towards that destruction which his cruel fortune had provided for him Nor could the loss of two Ships with all the men and arms therein whom he had sent before to prepare his way alter his resolution but with the rest of his company passes over to Orkney and having raised what force he could there embarcks himself and in a short space lands upon the point of Cathnes which is the farthest land to the Northwest of Scotland as knowing the world was much astonisht at this invasion now whilest the King was upon a Treaty he published a Declaration wherein he laboured to clear himself of any aspersion of sinister ends that his intention was onely against some particular persons who had against the Laws of the Kingdom raised and maintained a War against the Kings Father and did now by their subtil practices endeavour to destroy the Son also but the Countrey for several causes did not come to second him as he expected so that being encountred by the Earl of Sunderland and Collonel Staughorn his Army was overthrown two hundred killed and twelve hundred taken In this skirmish was taken the Standard which he had caused to be made of purpose to move the affections of the people with this Motto Judge and revenge my cause O Lord and the Portraict of the late King beheaded exactly well done The Standard-bearer a very gallant young Gentleman was killed after he had several times refused quarter there was Collonel Hurry taken the Lord Frenderick Sir Francis Hay of Dalgety Collonel Hay of Naughton Colonel Grya and most of the Officers and two Ministers Montross himself after he saw the day was absolutely lost having with his Sword hewn out his way through the midst of his enemies hoping fortune might afterward be more favourable to him he endeavours by policy to save his life and forsaking his Horse throws away his Cloak and Sword then exchanging apparrel with a Highlander in that habit keeps himself undiscovered in the Fields for three or four dayes together but such narrow search being made for him that he could not long escape he freely discovers himself to the Lord of Astron who had been one of his followers before thinking to finde friendship at his hands but he greedy of the reward which was promised to his apprehender by the Council of State money having a deeper impression in his heart then amity seized on him and with a strong guard conveyed him to David Lesley He being now in the custody of his mortal enemies from whom he could not expect the least favour he yet exprest a singular constancy and in a manner a carelesness of his own condition And now joyful of their prey they conduct him to Edenburgh where by the way lodging one night at the Town of Dundee notwithstanding they had suffered more by his Army then any Town else within that Kingdom yet were they so far from insulting over him that they testified a great deal of sorrow for his woful condition and furnished him with cloathes suitable to his birth and person The Parliament of Scotland being otherwise affected who was then informed of his taking thought fit to give out this Sentence against him before he came to Edenburgh That so soon as he should come to Town he should be met at the Gate by the Magistrates and Hangman that he should be tyed with cords upon a Cart bare-headed and the Hangman to ride upon the Horse that drew the Cart covered before him amd so to be brought though the Town that he should be hanged on a Gibbet at the Cross of Edenburgh until he dyed his History and Declaration hanging about his neck and so hang three hours in publick view of all the people after wich he should be beheaded and quartered His head to be fixt upon the prison-house of Edenburgh and his Legs and Arms over the Gates of the Cities of Sterling Glascow St. Johns Town and Aberdeen All which was executed upon him with a great deal of insultation especially of the Ministery who having him now at their mercy could never be satisfied with his calamities they reviled him with all possible spite objected frequently to him his former condition and his present misery and pronounced heavy judgements against him and being asked why they could not otherwise be satisfied but by so ignominious handling of him they replyed They knew no other way to humble him and bring him home to God The fatal day being come design'd to put a period to all his troubles there was erected in the middle of the market-place a large Scaffold brest high in the midst of which was planted a Gibbet of extraordinary height to this place was he conducted by the Baliffs he was cloathed in a Scarlet Cloak richly laced with Gold lace as he came along the Streets in great State there appeared in his countenance so much Beauty Majesty and Gravity as amazed the beholders John Taylors honest Verses will serve for this dishonourable Scotch expedtion In a good cause to dye it is no shame Although a Halter do procure the same Being come thither he was much detained with a great many frivolous questions of which partly the Ministers partly those whom the States suffered to be about him desired to be satisfied He made a short Speech in which he was often interrupted the tenour of which was That be was satisfied in his conscience for what he had done for his Royal Master the King as in relation to War That for his own particular sins which were infinite he bad beg'd pardon earnestly of God and had an inward hope to obtain it he freely forgave all those who had sought his overthrow and intreated the charity of all the people to pray both for him and themselves The Ministers because he was under the Sentence of excommunication refused to pray for him and even on the very Scaffold were very bitter against him After he had about a quarter of an hour prayed with his Hat before his eyes he was ready to go to his suffering when his Book and Declaration and all other printed Papers which he had published in his life being tyed in a string together were hanged a bout his neck he was very earnest that he might have the liberty to keep on his hat it was denyed he requested he might have the priviledge to keep his Cloak about him neither would that be granted in despite of all their affronts uncivil and barbarous usage with a most undaunted courage he went up to the top of that prodigious Gibbet where having freely pardoned the Execuoner he gave him three
this while having the subtlety not to acknowledge his own hand which occasioned Master Atturney Prideaux to say you may see the valiantness of the Champion for the peoples Liberties he will not own his own hand Master Lilburne said he denied nothing but would have them to prove it For his other Book an Impeachment of High Treason against Oliver and his Son-in-law Henry Ireton late Members of the late forcibly dissolved House of Commons presented to the publick view by Lieutenant Collonel John Lilburne close Prisoner in the Tower of London Mr. Atturney said My Lord I doubt he will not own it Mr. Lilburne said again he should deny nothing he had done but he had read the Petition of Right which taught him to answer no questions against himself he said that he had read that it was practised by our Saviour Christ and his Apostles our Saviour answering Pilate with onely Thou sayest it For as to his Preparative to the hue and cry after Sir Arthur Haselrig the Lieutenant of the Tower said it was true that Lieutenant Collonel Lilburne gave him such a Book in the Tower but he could not say whether that was the same Book he delivered him Mr. Nutleigh and Mr. Radny two Witnesses put Mr. John shroudly to his shifts He was come to St. Francis his equivocation when one askt him that was newly robbed which way the thief went he stretching out his arm said not this way meaning through his sleeve For his Book called The Legal Fundamental Liberties of England the Atturney General did not put much weight upon that as also of his Book De salva libertate but he proceeded to produce an Act of Parliament of the fourteenth of May 1649. declaring what offences should be adjudged High Treason which were read over The chief clauses that Master Atturney insisted upon against Mr. Lilburne were these That if any person shall maliciously or advisedly publish by writing printing or openly declaring that the said Government is usurped tyrannical or unlawful or that the Commons assembled in Parliament are not the Supream Authority of this Nation These sayes Mr. Atturney we shall joyn together with Mr. Lilburnes books to which making particular application he inferred that Mr. Lilburns Books were accordingly trayterous to which purpose he caused the Clerk to make particular references to several pages of his Books Master Prideaux causing these words to be read out of one of Master Lilburns Books That the Parliament are usurping Tyrants and their new thing called their Councel of State undoubtedly the most if not all of them must go to Tyburn or Tower-hill there by the Halter or Ax to receive their just deserts to which he affixed Amen There is an Amen pronounced to us sayes Mr. Atturney let him have it that deserves it and according to the Atturneyes direction several pages of his Books were still quoted and read on then Mr. Atturney exprest himself to the Court to this purpose sayes he My Lords if I should say nothing more to the Iury but what hath been instanced and said there is pregnant proof already but yet my Lord further to prove the malice of Mr. Lilburnes heart and that he did intend to subvert and destroy the Parliament he caused the Clerk to read some other passages of his Books out of which he proved that he had blown a Trumpet for all his friends to take up Arms against the Parliament to which purpose he went about to seduce the Army which he calls his fellow Countrey-men Thus I have already exprest the particular advantages that might be for the Atturneys Plea to Master Lilburns detriment to the proving of no less then High Treason through several pages being quoted successively throughout every Book to that determined purpose Mr. Lilburne after he had compared the Judges to the Scribes and Pharisees and their usage of himself to Christ closing to his former expression Thou sayest Mr. Prideaux they are my Books he bid him prove it Mr. Prideaux speaking to the Jury said Gentlemen there are proofs enough and too many that he had no more to say to them but that if they respected the government of the Parliament the honour of the Councel of State the honour of the Nation or of the Army or the preservation of the Law they could not but say that the prisoner was guilty of such crimes and treasons as he was lawfully accused of and accordingly they could not but finde him so He ended that he desired the Act of Treason might be made use of Master Lilburne again pretended himself to be tired and oppressed but at the present not being understood he desired that he might refresh his body with the air which could not be obtained All this while he struggled out a little respite at last after these lingerings the Judge resolvingto be no longer delayed commanded the Chair to be taken away for it grew late Now it was time for Master Lilburne to show himself a right Collonel Iohn after his so long baffling and fooling of the Judges he was Counsel to himself he pleaded his own Cause with such subtilty with such a perfect recollection of all the former transactions of his Tryal and withal indisputably confident of his Jury he knew he could not tread awry he being left invulnerable except in the heel which was onely in his own most necessary inscrutable reservations he closed his long speech of clearing himself with some necessary insinuations to the Jury where the strength of this Sampson did chiefly lie To them he declared the integrity of his life his merits and the hard usage he had received from the present Government being interrupted he earnestly desired the Jury to take notice of the blood-thirsty cruelty and malice of his enemies all the while soundly clawing of his Jury with such words that he was happy in the care and conscience of his honest Jury fellow Citizens and Freemen of England who were to be the Conservators and Judges of his life having in themselves the Judicial power of the Land the Judges that sit there being no more if they pleased but as Ciphers to pronounce the sentence of their Clerks to say Amen They being at the best in their originals but the Norman Conquerers Obtruders He called his Jury the keepers of his life at whose hands if they did not do him justice the Lord would require his blood he desired the Lord God omnipotent to direct then the Governour of heaven and earth and all things therein contained to go along with them and give them counsel to do that which is just for his glory the people with one voice crying Amen Amen Which made the Judges look untowardly about them and caused Major Gen. Skippon to send for three fresh Companies more of Foot Souldiers After which Mr. Atturney General told the Jury that they had heard the evidence in the behalf of State laying the business to their conscience that they should be careful to do justice
of his years taken from further opportunities of doing good either to himself his friends the Common-wealth or more especially as to my continued services to my Creatour Truly if my general known course of life were but enquired into I may modestly say there is such a moral honesty upon it as some may be so sawcy as to expostulate why this great judgement is fallen upon me but know I am able to give them and my self an answer and out of this breast am able to give a better accompt of my Judgement and Execution then my Judgers themselves or you are able to give It is Gods wrath upon me for sins long unrepented of many judgements withstood and mercies slighted therefore God hath whipped me by his severe Rod of Correction that he might not lose me I pray joyn with me in prayer that it may not be a fruicless Rod that when by this Rod I have laid down my life by his staff I may be comforted and received into Glory I am very confident by what I have heard since my sentence there is more exceptions made against proceedings against me then I ever made My Triers had a Law and the value of that Law is indisputable and for me to make a question of it I should shame my self and my discretion In the strictness of that Law something is done by me that is applicable to some clause therein by which I stand condemnable The means whereby I was brought under that interpretation of that which was not in my self intended malitiously there being testimony given by persons whom I pitty so false yet so positive that I cannot condemn my Judges for passing sentence against me according to Legal Justice though Equity lieth in the higher breasts As for my Accusers or rather Betrayers I pitty and am sorry for them they have committed Judas crime but I wish and pray for them with Peters tears that by Peters repentance they may escape Judas his punishment and I wish other people so happy they may be taken up betimes before they have drunk more blood of Christian men possibly less deserving then my self It is true there have been several addresses made for mercy and I will put the obstruction of it upon nothing more then upon my own sin and seeing God sees it fit having not glorified him in my life I might do it in my death which I am contented to do I profess in the fear of God particular malice to any one of State or Parliament to do them a bodily injury I had none For the cause in which I had long waded I must needs say my engagement or continuance in it hath laid no scruple upon my Conscience it was on Principles of Law the knowledge whereof I profess and on principles of Religion my Judgement satisfied and Conscience rectified that I have pursued those wayes which I bless God I finde no blackness upon my conscience nor have I put it into the Bead-roll of my sins I will not presume to decide controversies I desire God to honour himself in prospering that side that hath right with it and that you may enjoy peace and plenty beyond all you possess here In my Conversation in the world I do not know where I have an enemy with cause or that there is such a person whom I have to regret but if there be any whom I cannot recollect under the notion of Christian men I pardon them as freely as if I had named them by name I freely forgive them being in free peace with all the world as I desire God for Christs sake to be at peace with me For the business of death it is a sad sentence in it self if men consult with flesh and blood But truly without boosting I say it or if I do boast I boast in the Lord I have not to this minute had one consultation with the flesh about the blow of the Axe or one thought of the Axe more then as my passport to Glory I take it for an honour and I owe thankfulness to those under whose power I am that they sent me hither to a place however of punishment yet of some honor to dye a death somewhat worthy of my blood answerable to my birth and qualification and this courtesie of theirs hath much helped towards the pacification of my minde I shall desire God that those Gentlemen in that sad Bead-roll to be tryed by the High Court of Justice that they may find that really there that is nominal in the Act an High Court of Justice a Court of High Justice high in its Righteousness though not in its severity Father forgive them and forgive me as I forgive them I desire you now that you would pray for me and not give over praying till the hour of my death not till the moment of my death for the hour is come already the instant of time approaches that as I have a great load of sins so I may have the wings of your prayers to help those Angels that are to convey my soul to Heaven and I doubt not but I shall see my Saviour and my gallant Master the King of England and another Master whom I much honoured my Lord Capel hoping this day to see my Christ in the presence of the Father the King in the presence of him my Lord Capel in the presence of them all and my self there to rejoyce with all other Saints and Angels for evermore After the uttering of these and many the like words declaring his faith and confidence in God with as much undaunted yet Christian courage as possibly could be in man he exposed his neck to the fatal Axe commending his soul into the hands of a faithful and merciful Creatour through the meritorious Passion of a gracious Redeemer and having said Lord Jesus receive me the Executioner with one blow severed his head from his body For such a collateral design not long after one Master Benson was executed at Tyburne one that had some relations to Sir John Gell who was tried for the same Conspiracy with his man Sir Johns former services to the Parliament being his best and most assured intercessours for his life and at that time were more then ordinary advantages to him And now being entered into this Tragical Scene of blood I shall in the next place give you an account of the beheading of Sir Henry Hide He was by the Scots King commissionated as Ambassadour to the Grand Signior at Constantinople and stood in competition with Sir Thomas Bendish then Ambassadour for the English for his place whereupon they had a hearing before the Vizier Bassa the result whereof was that Sir Thomas Bendish should dispose of the said Sir Henry Hide as he thought good who was to the same purpose sent to Smyrna thence into England and there condemned and executed before the Royal Exchange in London March 4. 1650. I have inserted his Speech which reflects on his Transactions this unfortunate Gentlemans end