thing in Religion or Laws and to satisfie not onely their desires but their doubts we do discharge the Serviceâ— Book Book of Canons and High Commission and do annull and resâ—ind all Acts for establishing of them and do discharge all persons from urging the practice of the five Articles of Perth That all persons whomsoever shall be liable to the censure of Parliament General Assembly or any other Iudicatories competent to the nature of the offence That no other Oath be administred for the free Entry of Ministers than that which is contained in the Act of Parliament That the ancient Confession of Faith and Band annexed should be subscribed and received as in the Fathers time that a General Assembly be holden at Glasgow the one and twentieth of November 1638. and a Parliament at Edinburgh the fifteenth of May 1639. Pardon 's all former offences and appoints a General Fast. Dated at Oatlands the ninth of September 1638. And immediately after this Declaration published the Confession of Faith was read and subscribed by the Marquess and the secret Council Then followed a Proclamation for a General Assembly for the amplier Parliament And lastly was claimed an Act of the Council requiring a general Subscription of the Confession of Faith and a Commission directed to divers for taking their Subscriptions And all these were finished and put into an Act of Council heartily and freely subscribed unto the two and twentieth of September 1638. with their Letter of thanks to the King Most sacred Sovereign If ever faithfull and loyal Subjects had reason to acknowledge extraordinary favour shewn to a Nation and in a most submissive and hearty manner to give real demonstration of the grace vouchsafed then do we unanimously profess that such Acts cannot proceed from any Prince saving from him who is on Earth the lively Image of the great God Authour of all goodness for return of so transcendent grace fortified with the real expression of unparalled piety royal inclinations to peace and universal love to all and every loving Subject we do in all humility render our most bounden thanks and offer in testimony thereof to sacrifice our lives and fortunes to your sacred majesties service And much more as could be expressed to which they subscribed and in truth the most rigid Covenanters could not challenge any one particular ever desired by them in any of their Supplications Remonstrances Protestations Declarations written and printed which was not in that gracious Declaration granted to a People who now seeing their Design utterly defeated wildly and madly assisted one Iohnston in reading a most wicked treasonable and yet ignorant Protestation and after printed wherein was Scripture grosly abused the Name of God solemnly invocated to such notorious false ends and to their rebellious courses and Covenant those Attributes of infallibility given which are onely proper to the sacred Scriptures Royal Authority affronted with such peremptory alterations ignorant and sensless reason as may appear upon the view which is very long and tedious and subsigned Iames Earl of Montross for the Noble-men Alexander Gibson for the Barons Potefield for the Burroughs Rollock for the Ministers and Iohnston the Reader hereof in name of all Covenanters c. giving a Copy thereof to the Kings Herald And now they proceed of themselves to elect Commissioners for the Assembly issuing out their Table Orders That every Parish should send to the Presbytery of their Limit one Lay-man a Ruling Elder with equal Vote to the Minister in the Presbytery And by alteration in Election it would happen to the Ministery to be over-numbred in Vote six to one an observation say some of indiscretion in the Ministery to weaken their party but surely they wanted not Brains for evil Designs which they might learn from Master Iohn Calvin in his disciplining Geneva where as there was a Civil Senate so he erected an Ecclesiastical Assembly of twelve simple Citizens and observe his modesty but six Ministers the odds making it more colourable for Calvin their 's for number his for value union in a prepared Conspiracy prevails more than number so these Ministers command all though to the regret of the Communalty whom at pleasure the other suspend from the Communion the very Scepter of their pretended Sion But these Ministers now went another way to work So soon as the Lay Elders came to sit they were refused First because for fourty years none had sate in their Presbyteries Secondly because at the first Reformation they were taken to assist not to equalize in number and so an Innovation Thirdly it seemed strange that Lay-men should chuse the Ministers Commissioners for the Assembly how could they know the Ministers sufficiency that were ignorant of themselves But for the present three Elders prevailed and possessed suffrage Then the Covenanters move the Commissioner to grant Citations against the Arch bishops and Bishops to appear at the Assembly as rei or guilty persons charging them with many misdemeanours But he refusing they presented this Bill to the Presbyters at Edenburgh which October 24. warned them to compeer at the next General Assembly November 21. at Glasgow at which Assembly the Marquess's Commission was read The next day a Declaration or Protestation was presented to the Commissioner in the name of the Arch-bishops and Bishops against the Assembly containing a Nullity of it which was refused to be read and therefore the Commissioner entered Protestation against the Denial and so did Doctor Hamilton for the Bishops then they elect Alexander Henderson the prime and most rigid Covenanter to be their Moderator Then again they come some offered the Declaration to be read which they yet refused untill the Assembly be fully constituted and so they fell to debate the Elections which was handled with much caution and scrutiny as that no man was left standing in the quality of a Commissioner who was not absolute for them and clear of their opinions The Lay Elders much opposed Many Exceptions were urged against the free and legal proceeding of their Session and the very Presbytery of Glasgow the place of their Assembly therein most forward to complain And so was it resented by the Marquess because they absolutely refused to entertain 6. Lords Privy Counsellours named by the King Assesses to his Commissioner in that Assembly nor to allow their Suffrage protesting That were the King himself present he should have but his Vote and not a Negative Vote neither No more than the meanest Shop-keeper that was elected a Lay Elder and had place there And to increase belief of their Diana Covenant they forged a Romish Imposture a Popish trick of deceit A Ministers Daughter one Milchesden distracted by fits they feigned her to be inspired with Divination her Raving tended to the Admiration of the Covenant and her good memory assisting with such Phrases of Scripture and bitter Invectives as the Pulpits used against the Opposers the Bishops the Service-book and Canons Master Rollock
do not through me wound the interest of the Common-wealth And howsoever these Gentlemen say they speak for the Common-wealth yet in this particular I indeed speak for it and shew the inconveniencies and mischiefs which will fall upon it For as it is said in the Statute 1. of Henry 4. No man will know what to doe or say for fear of such penalties Doe not put my Lords such difficulties upon Ministers of State that men of wisedome of Honour of Fortune may not with cheerfulness and safety be imployed for the publique if you weigh and measure them by graines and scruples the publique affaires of the Kingdome will lie waste no man will meddle with them who has any thing to lose My Lords I have troubled you longer than I should have done were it not for the interest of these dear pledges a Saint in heaven hath left me At this he stopt a while offering up some tears to her ashes what I forfeit my self is nothing but that my indiscretion should extend to my posterity it woundeth me to the very soul. You will pardon my infirmity something I should have added but am not able therefore let it pass And now my Lords for my self I have been by the blessing of almighty God taught that the afflictions of this present life are not to be compared to the eternal weight of Glory which shall be revealed hereafter And so my Lords even so with all tranquillity of mind I freely submit my self to your judgment and whether that judgment be of life or death Te Deum laudamus When he had done two of the Members Mr. Glyn and Mr. Pym endeavouring to render him as odious as it is usually observed from Declamatours satisfying the Ear of the Auditours but not their judicial Censure for the point came to be this the Commons are to justifie their Charge by Law upon the matters of Fact as yet not appearing under the Letter of any Statute of Treason As for that of the 25 of Edward 3. it came short but yet it is supplied with this Proviso annexed that because all particular Treasons could not be then defined therefore what the Parliament should declare to be Treason â—n time to come should be punished as Treason within which compass they intend to bring him and that by Bill of Attainder The Earl put upon a point of Law desires Council which by no means the Commons would assent unto and notwithstanding all the reason in the world it was canvased three Days and at last concluded that his Council should plead such matters as they should be restrained unto Saturday the seventeenth of April the Earl appears with his Council Master Lane the Prince's Attourney Master Gardner Recorder of London Master Loe and Master Lightfoot Lane argued that the said Statute of 25 Edward 3. was a Declarative Law and so not to be interpreted as of consequence equity or construction but by the express Letter onely that it was a penal Law and so not to admit of any Constructions or Inferences for the true nature of penalties enforce the keeping of known Laws not of conjectural and dubious And for the Salvo he affirmed that in the sixth of Henry 4. the Nobility petitioned the Parliament to limit all Treasons by Statute in which Parliament Chapter 10. an Act passed thereupon that the Salvo should be holden repealed in all times to come nothing to be esteemed Treason but what was literally contained in the Statute of 25. Edward the third nor could the rest of the Council speak more then what had been said by Mr. Lane being so sufficient for matters of Law unless their Lordships would state any other questions to which they were ready to answer upon which the Court adjourned without prefixing any time of meeting The Commons meant it not to meet any more the Earl had satisfied all curious observations of his defence and the Commons knew it well enough but they resolved to attaint him by Bill which was debated by the Commons the nineteenth day and the Earl voted by them guilty of high Treason meerly upon the evidence of Secretary Vane and his notes but upon reading the Bill engrossed in their house the one and twentieth day It was hardly canvassed by the Poll the dissenters being fifty nine and my Lord Digby the most eminent that urged for him and yet it passed That afternoone with all expedition it was brought to the Lords and the four and twentieth day they were put in minde to fix a day for reading of it to which they returned answer that on Munday and Tuesday after they would not fail being not over harty to do it then for it was debated by the Lords to be a business of very high concernments and so perplext as necessarily required a conference with the Common who put it upon Mr. St. Iohn the Kings Solicitor to satisfie them and to justifie the Bill by Law upon Thursday the nine and twentieth and to offer reasons enforcing them to this way of proceeding against the Earl who was ordered to be there present And the Commons to shadow the violence of this proceeding with the Earl they bethought themselves of some publique affair and so petition the King 1. For removing of all Papists from Court. 2. For disarming of them generally throughout the Kingdome 3. For disbanding the Irish Army To which they had Answer the eight and twentieth 1. They all knew what legal trust the Crown hath in that particular therefore he shall not need to say any thing to assure them that he shall use it so as there shall be no just cause of scandal 2. He is content it shall be done by Law 3. And for the last he had entered into consultation about it finding many difficulties therein and he doth so wish the disbanding of all Armies as he did conjure them speedily and heartily to joyn with him in disbanding those two here Scots and English I am now come to the point to consider of the Differences between two Writers our Historian and his Observatour concerning the Death of the Earl of Strafford and reflecting upon the late Arch-bishop of Armagh Primate of all Ireland whilest he was living and so pursued since his Death I being intrusted by him when time and occasion should happen to offer in publick what I had in charge under his own hand-writing and others also not to quarrel it any further but to rectifie mis-understandings if it may be done without malice on any side and so I shall handle it as a Moderatour We begin from the Bill of Attainder which was read in presence of the Earl at the Bar. Whereas the Knights Citizens and Burgesses of the House of Commons in this present Parliament assembled have in the name of themselves and of all the Commons of England impeached Thomas Earl of Strafford of High-treason for endeavouring to subvert the ancient and fundamental Laws and Government of his Majesties Realms
of England and Ireland and to introduce an Arbitrary and Tyrannical Goverment against Law in the said Kingdoms and for exercising a tyrannous and exorbitant Power over and against the Laws of the said Kingdoms over the Liberties Estates and Laws of his Majesties Subjects and likewise for having by his own Authority commanded the laying and assessing of Souldiers upon his Majesties Subjects in Ireland against their consent to compell them to obey his unlawfull Commands and Orders made upon Paper-petitions in Causes between party and party which accordingly was executed upon divers of his Majesties Subjects in a warlike manner within the said Realm of Ireland and in so doing did levy War against the Kings Majesty and his Liege-people in that Kingdom And also for that he upon the unhappy Dissolution of the last Parliament did slander the House of Commons to his Majesty and did counsel and advise his Majesty that he was loose and absolved from Rules of Government and that he had an Army in Ireland which he might imploy to reduce this Kingdome for which he deserves to undergo the paines and Forfeitures of high Treason And the said Earl hath been also an Incendiary of the wars between the two Kingdoms of England and Scotland all which offences have been sufficiently proved against the said Earl upon his Impeachment Be it therefore Enacted by the Kings most excellent Majesty and by the Lords and Commons in this present Parliament assembled and by â—â—thority of the same that the said Earl of Strafford for the hainous crimes and offences aforesaid stand and be adjudged and attainted of high Treason and shall suffer such pain of death and incur the Forfeitures of his Goods and Cattels Lands Tenements and hereditaments of any estate of freehold or Inheritance in the said Kingdomes of England and Ireland which the said Earl or any other to his use or in trust for him have or had the day of the first sitting of this present Parliament or at any time since Provided that no Iudge or Iudges Iustice or Iustices whatsoever shall adjudge or interpret any Act or thing to be Treason nor hear or determine any Treason nor in any other manner than he or they should or ought to have done before the making of this Act and as if this Act had never been had or made Serving alwaies unto all and singular persons and bodies politique and corporal their Heirs and successors other than the said Earl and his Heirs and such as claim by from or under him all such right title and Interests of in and to all and singular such of the said Lands Tenements and Hereditaments as he they or any of them had before the first day of this present Parliament any thing herein contained to the contrary notwithstanding Provided that the passing of this present Act and his Majesties assent thereunto shall not be any determination of this present sessions of Parliament and all Bills and matters whatsoever depending in Parliament and not fully enacted and determined And all Statutes and Acts of Parliament which have their continuance until the end of this present session of Parliament shall remain continue and be in force as if this Act had not been This Bill of Attainder being read opened and affirmed by sundry Presidents and Acts of Parliament might no doubt remove the misty cloud of the Peers understanding And therefore the next day the heat of that house appeared towards his destruction contrary to the Kings conscience whose Judgement was that he deserved relief And to that end the first of May he called both Houses together and to them he opened himself for the Earls defence thus My Lords and Gentlemen I had no intention to have spoken to you of this business to day which is the great business of the Earl of Strafford because I would do nothing which might hinder your occasions But now it comes to pass that I must of necessity have past in the judgment I think it most necâ—ssary to declare my conscience therein I am sure you know I have been present at the hearing of this great cause from one end to the other and I must tell you that in my conscience I cannot condemn him of high Treason It is not fit for me to argue this business I am sure you will not expect it a positive Doctrine best becomes the mouth of a Prince yet must I tell you three truths which I am sure no man can tell so well as myself First That I had never any intention of bringing over the Irish Army into England nor ever was advised by any body so to do Secondly That there was never any debate before me either in publique Councel or private Committee of the disloyalty of my English subjects nor ever had I any suspicion of them Thirdly That I was never counselled by any to alter the least of any of the Laws of England much less to alter all the Laws Nay I tell you this I think no body durst ever be so impudent as to move me to it For if they had I should have made them such an example and put such a mark upon them that all posterity should know my intentions by it they being ever to govern by the Law and no otherwise I desire rightly to be understood for though I tell you in my conscience I cannot condemn him of high Treason yet cannot I clear him of misdemeanours therefore I hope you may find out a way to satisfie justice and your own fears and not oppress my conscience My Lords I hope you know what a tender conscience is and I must declare unto you that to satisfie my people I would do great matters but in this of conscience neither fear nor any other respect whatsoever shall ever make me goe against it Certainly I have not deserved so ill of this Parliament at this time that they should press me in this tender point therefore I cannot suspect you will go about it Nay I must confess for mis-demeanours I am so clear in them that though I will not chalk out the way yet I will shew you that I think my Lord of Strafford is not fit hereafter to serve me or the Common-wealth in any place of trust no not so much as a Constable Therefore I leave it to you my Lords to find out some such way as to bring me out of this straight and keep your selves and the Kingdome from such inconveniences So then in effect he tells them of his presence at the hearing of that great cause from one end to the other and that positively in his conscience he cannot condemn him of High Treason but could not clear him of misdemeanours and he hoped that they might finde out a way to satisfie Justice and their own fears and not to oppress the Kings conscience which neither fear nor any other respect whatsoever should make him go against it and leaves them the way to bring him out of this straight This
his late Majesty and his Majesty that now is warranting the payment of great sums of money by him as if such summes were directed for secret service of the State when as they were disposed of to his own use and hath gotten into his hands great sums which were intended by the late King for the furnishing and victualling of the Navy-Royall to the exceeding diminution of the revenues of the Crown to the deceiving and abusing of his late and now Majesty and detriment of the whole Kingdom That he doth humbly and with all thankfulness acknowledge his late Majesties bountifull hand to him and shall be ready to render back into the hands of his now Majesty whatsoever he hath received together with his life to do him service But for the value suggested in the charge he saith there is a great mistake in the calculation as he shall make evident in a Schedule annexed to which he referreth himself Nor did he obtain the same by any undue solicitation or practice nor yet a Release for any sums so received But having severall times and upon severall occasions disposed divers sums of his late and now Majesty by their private directions he hath Releases thereof for his discharge which was honourable in them to grant and not unfit for him to desire and accept for his future indemnity XIII Reply 13. Lastly That he being a sworn servant of the late King did cause and provide certain Plaisters and Potions for his late Majesty in his last sicknesse without the privity of his Majesties Physicians and that although those Plaisters and Potions formerly applied produced such ill effects as many of his sworn Physicians did dis-allow as prejudiciall to his Majesties health yet neverthelesse did the Duke apply them again to his Majesty Whereupon great distempers and dangerous symptomes appeared inhim which the Physicians imputed to those administrations of the Duke whereof his late Majesty also complained which was an offence and misdemeanour of so high a nature as may be called an act of transcendent presumption And the said Commons by Protestation saving to themselves the liberties of exhibiting hereafter any other accusation or impeachment against the Duke and also of replying unto what the Duke shall answer unto the said Article do pray that the said Duke may be put to answer all and every the premises and that such Proceedings Examinations Tryals and Judgements may be upon every of them had as is agreeable to Law and Justice That his late Majesty being sick of an Ague a disease out of which the Duke recovered not long before asked the Duke what he found most advantagious to his health the Duke replied a Plaister and Posset-drink administred to him by the Earl of Warwick's Physician whereupon the King much desired the Plaister and Posset-drink to be sent for And the Duke delaying it he commanded a servant of the Dukes to go for it against the Dearnest request he humbly craving his Majesty not to make use of it without the advice of his own Physicians and experiment upon others which the King said he would do and in confidence thereof the Duke left him and went to London And in the mean time he being absent the said Plaister and Posset drink were brought and at the Dukes return his Majesty commanded the Duke to give him the Posset-drink which he did the Physicians then present not seeming to mislike it Afterward the Kings health declining and the Duke hearing a rumour as if his Physick had done his Majesty hurt and that he had administred Physick without advice the Duke acquainted the King therewith who in much discontent replied They are worse then Devils that say so This being the plain clear and evident truth of all those things which are contained in that Charge He humbly referreth it to the judgements of your Lordships how full of danger and prejudice it is to give too ready an ear and too easie a beleef unto a Report or Testimony without Oath which are not of weight enough to condemn any Also he humbly acknowledgeth how easie it was for him in his young years and unexperienced to fall into thousands of errours in those ten years wherein he had the honour to serve so great and so open-hearted a Soveraign Master But the fear of Almighty God his sincerity in the true Religion established in the Church of England though accompaninied with many weaknesses and imperfections which he is not ashamed humbly and heartily to confesse his awfulnesse not willing to offend so good and gracious a Master and his love and duty to his Countrey have restrained and preserved him he hopeth from running into any hainous misdemeanours and crimes But whatsoever upon examination and mature deliberation they shall appear to be least in any thing unwittingly within the compasse of so many years he shall have offended He humbly prayeth your Lordships not onely in those but to all the said misdemeanours misprisions offences and crimes wherewith he standeth charged before your Lordships to allow unto him the benefit of the free and general Pardon granted by his late Majesty in Parliament in the one and twentieth year of his Reign out of which he is not excepted And also of the gracious Pardon of his now Majesty to the said Duke and vouchsafed in like manner to all his Subjects at the time of his most happy Inauguration and Coronation which said Pardon under the Great Seal of England and granted to the said Duke beareth date the tenth day of February now last past and so here shewed forth unto your Lordships on which he doth humbly relie And yet he hopeth that your Lordships in your Justice and Honour upon which confidence he putteth himself will acquite him of and from those misdemeanours offences misprisions and crimes wherewith he hath been charged And he hopeth and will daily pray that for the future he shall by Gods grace so watch all his actions both publick and private that he shall not give any just offence to any However that that an Authour hath descanted on this defence It doth really appear prudential modest and humble and no doubt a Reply might be intended In the interim the Kings affaires requiring a quicker supply for the publique than these lingring proceedings could admit he demands the speedy producing their Bill of Subsidy to be passed to which they were forced suddenly to conform not unlikely to prevent their present dissolution which otherwise they suspected And resolving to make work they were hammering a tedious Declaration of Grievances which was allowed by the House before the Bill of Subsidy Whereupon with huge indignation the King the very next day Iune 15. dissolves them with this positive answer to some Lords that were sent to intercede for longer sitting not a minute And the same day Bristow was committed to the Tower and Arundell confined to his House with a Proclamation for burning all Copies of the Commons Declaration which was
that by the words in the Bill No man can be charged a Traitor by one that is guilty in his own particular and so is not tied to be Defendant nor to answer such a Bill Secondly the incertainty and doubtfulness of the words in the Charge so that till the Court doth censure them to be treasonable the Defendant is not tied to answer Thirdly the Appellant refers the Combate till the last if he cannot in the mean time prove the Charge by any other ways then he offers to make it good by his Body So then the Defendant may forbear his Answer and decline the Combate And now my Lords said he I humbly shall acquaint you with the Defendants answer to me in private which was That though in Law he might yet in honour and innocency he would not decline the Combate but being his own consent his Advocate hath the less to say for him And so time was given for Rey's Replication till Friday after Reys Councel moved whereas Dr. Eden had excepted at some words in the charge he answered that whoever was accused of Treason was not to insist how polluted the answer was but how to approve and clear himself Then to refer the Combate to the last was well done ultimum refugium to expose his life for God the King and his Countrey This Speech being somewhat peremtory and directory to the Court he was told That the Court needed not his direction as to the Tryall of Combate their wisdoms would consider of that when it was time and so the Court adjourned both parties being admitted to have common Lawyers but to plead onely by Civilians This day come Rey appears as before But Ramsey in a new suit of Ash-colour cloth opened with scarlet colour the cloke scarlet cloth lined with ash coloured velvet and the whole suit and cloke overlaid with silver and Sky coloured lace The former proceedings were read by the Register and thereupon the Appellants Replication presented to the High Constable in effect That Ramsey in his answer had cunningly slipt over a part of the charge which was that the Lord Rey protested he was not ingaged in Wars for want of subsistence and therefore would not hazzard in any designe without sure knowledge upon which words depends much of the matter and main of that part of the Bill And so ripping up the several charges of the Bill the strength reasons and likelihood and the defendants defects in not clearing the chief points they went on with the Councel It was his part to inforce the charge against Ramsey to this effect He observed That the first day Ramsey denied all the charge whilest he stood upon positive resolution but afterwards his Councel brought him to particulars and taught him to Answer superficially first he knew nothing and yet now so much No doubt there was some stranger enterprize by the Marquesse Hamilton then to serve the King of Swede by Ramseys professing that Hamilton was a Protestant and bore Arms for Religion not caring with whom to grapple from hence observing That they intended somewhat to attempt of themselves Ramsey stiled the Marquesse his Master in discourse and in many of his Letters produced much of the discovery by Rey was to fish out of Ramsey the truth of his doubtful words How unlikely it was that Rey having two Regiments of old Souldiers Captain of the King of Swedes Dragoons in good pay for all should offer to serve Hamilton who was to be commanded by the King And that Ramsey might decline the Combate or forbear answering till the last was a strange opinion of Councel because combate was to be reserved till all other means of discovery fayled and therefore Rey his reasons were supplimental proofs and requesting Meldrams testimony but however he was now ready if the Court thinks fit to give the Combate presently And concluded with an example in case of Murther Two men fight in secret the one is slain the other flies and though without any witnesse of the fact his seeking to escape condemns him guilty So Ramsey having been accused of Treason above three Moneths by the Lord Rey and both confined Ramsey dispairing of his cause seeks his flight from Justice by sending to Rey a private challenger being a sufficient conviction in Law as by ancient Presidents in this Court viz. Kiteles after an Appeal seems a challenger to Scroop and was therefore adjudged guilty Doctor Duck Answered to all That first It was prudence for Ramsey to answer in general Negatively having been newly landed from Sea and might be excused till time and consideration to refresh his memory being not upon Oath And as yet the defendant need not answer perfectly till further time and favour to view the Exhibits in Court by copies which he desires And directly urged against the Lord Reys Replicâ—tion not to be allowed Because Rey referring himself now to Proofs might have saved the trouble of this Court of Honour and Chivalrie and hazzard of their Persons by Combate which intends the Trial without proofsâ— And that the Defendant having ingaged his sureties but to this day He humbly desires the time and place to be ordered for the sudden Combate according to the Law of Arms and custom of this Court Saying that the Duel foreseen must ensue upon the Appeal and Denial and therefore ought now to be granted Doctor Reeves moved for continuance of the Replication and consented to the Combate The Court admitted the Replication and ordered time till Wednesday for Exceptions thereto Doctor Duck offered some reasons to satisfie Rey and extremely to censure Ramsey where he was interrupted and told by the E. Marshall That the Court will save him the labour and councel till the Rejoynders be put in and then to be Ordered Doctor Eden shewed that the copies of the Letters Exhibited were not given out Nor shall sayes the Earl Marshal till the court have considered of the contents and so they were read The one was from Ramsey to Rey certifying him of passages in the Low-Countreys since their parting to put the Marquesse in minde of directing him how to dispose of the Ammunition and Arms in his custody subscribed  your servant Ramsey The other from the Lord Marquesse to the Lord Rey congratulating his love and affection expressing a great desire to meet him in Germany upon any terms he would propose And that Ramsey the Bearer was instructed for him to Treat with the King of Swede whom he desires to favour and assist which will oblige him his  friend and servant Hamilton Doctor Duck opened the whole matter and each particular Insisting That my Lord Reys evidence being for the King and he a person of Honour and Peer of Scotland his testimony was sufficient And moves that Mr. Meldram might be admitted for supply for though they were not joynt witnesses together of the words which made the charge yet for as much that they were
valor for a wise man to set himself against the breaking in of a Sea which to resist at present threatens imminent danger but to withâ—draw gives it space to spend its fury and gaines a fitter time to repair the breach Certainly a Gallant man had rather fight to great disadvantages for number and place in the field in an orderly waie then skuffle with an undisciplined rabble Som suspected and affirmed that I meditated a War when I went from White-hall onelie to redeem My Person and Conscience from violence God knows I did not then think of a War Nor will any prudent man conceive that I would by so many former and some after-Acts have so much weakned My self If I had purposed to engage in a War which to decline by all means I denied My self in so manie particulars T is evident I had then no Army to flie unto for protection or vindication Who can blame Me or any other for with-drawing our selves from the daily baitings of the Tumults not knowing whether their furie and discontent might not flie so high as to worrie and tear those in pieces whom as yet they but plaied with in their paws God who is My sole Iudge is My Witness in Heaven that I never bad anie thoughts of going from my House at White-hall If I could have had but anie reasonable fair Quarter I was resolved to bear much and did so but I did not think My self bound to prostitute the Majesty of My place and Person the safetie of My Wife and Children to those who are prone to insult most when they have objects and opportunitie most capable of their rudeness and petulancie But this business of the Tumults whereof some have given already an account to God others yet living know themselves desperately guilty Time and the guilt of many hath so smothered up and buried that I think it best to leave it as it is onely I believe the just Avenger of all disorders will in time make those men and that City see their sin in the glass of their punishment T is more then an even-laie that they may one daie see themselves punished by that waie they offended Had this Parliament as it was in its first election and Constitution sate full and free the Members of both Houses being left to their freedom of Voteing as in all reason honor and Religion they should have been I doubt not but things would have been so carried as would have given no less content to all good men then they wished or expected For I was resolved to hear reason in all things and to consent to it so far as I could comprehend it but as Swine are to Gardens and orderly Plantations so are Tumults to Parliaments and Plebeian concourses to publique Councils turning all into disorders and sordid confusions I am prone somtimes to think That had I called this Parliament to any other place in England as I might opportunely enough have don the said consequences in all likelihood with Gods blessing might have been prevented A Parliament would have been welcom in any place no place afforded such confluence of various and vitious humors as that where it was unhappily convened But we must leave all to God who orders our disorders and magnifies his wisdome most when our follies and miseries are most discovered And with these Mutinies comes the Intimation of some practises in the North to distract the English Army the occasions you shall hear of hereafter But it gave â—ewel to the fiery faction and to the Parliament to fall into debate about a general National Protestation To maintain and defend with my life power and estate the true reformed Protestant Religion expressed in the doctrine of the Church of England against all popery and popish Innovations within this Realm contrary to the same doctrine his Majesties person Honour and estate The power of Parliament the lawful rights and Liberties of the subject and every person that maketh this protestation whatsoever he shall do in the lawfull pursuance of the same the third of May. This being too general in these words The true Reformed Protestant Religion c. They were explained by an ordinance to be only The publique doctrine professed in the Church of England so far as it is opposite to Popery and Popish Innovations and not to the maintaining any form of worship discipline or Government nor any Rites or Ceremonies of the Church of England the fifth of May And so it was taken by the Commons House the next day by the Lords and ordered to be taken by all the people of England Hereby it appears that they meant to question the discipline of the Church which they did They had no better way to qualifie the Kings discontent than to raise him some mony for the satisfying of high accounts which the Kingdom stood charged withall two Armies now on foot craving their pay And therefore a cunning Knight of Lancashire offered to procure his Majesty 650000. l. until such time as the subsidies should be raised with this declaration Provided that the King would pass a Bill not to adjourn the Parliament nor Prorogue it nor disolve it without the consent of both Houses to indure until the Greivances of this Kingdom were redressed And so complaints arising like Hidra's head never to have thereby any end yet to colour it they fell upon a great debate thereof but instantly order was given to draw up a Bill in pursuance of it And the Lords another way busie to lay a side the Bill of the Earls Attainder because it brought in the King as a Judge and so fell upon the several Articles of his Accusation resolving to send them to the Commons the next day with their Resolution when aâ—mongst forty five Lords twenty six of them voted him guilty of High Treason upon the fifteenth Article for Levying monies in Ireland by force in a warlike manner And upon the nineteenth for Imposing an Oath upon the subjects in Ireland which was for distinction of the Scots Covenanters as you have heard heretofore And so both these Bills of an everlasting Parliament and of the Attainder being compleated a conference was had of both Houses the next day after and some Lords dispatched to the King to request his answer who tells them That on Munday Following he would satisfie them I conceive it convenient in more particular to clear two mistakes of our Authors concerning The Articles of Ireland and the death of the Earl of Strafford reflecting upon the late most Reverend Prelate the Arch Bishop of Armagh Primate of all Ireland whilest he was living and worse pursued since his decease somewhat too sharp also on Dr. Barnard Herein I take leave in cool blood to interpose those Animadversions being intrusted therein by Command of the deceased Prelate Under whose hand writing and others also much of the matter is made evident to rectifie misunderstandings Intentionally thereby to end disputes The Historian takes
the field Observations upon his History The Historian replies Observator observed The Observator Rescued and Rejoynes And the Historian at a Non-plus his friend even Squire Sanderson as the man that mediates for him The Interim took up the Kings time in doubt what answer to return to his subjects a discontented people Himself their Soveraign troubled with a distracted conscience They for Justice He for Mercy In this perplexity saies the Historian the King consults with feur Bishops the sunday morning desiring them as Casuists to advice him what course to steer between these twog â—eat Rocks c. That three of them urged the opinion of the Judges and the votes of Parliament c. That they advised yea partly perswaded his Majesty though not fully convinced to pass the Bill But the motive to all he saies was a Letter to the King from the Earl himself that very day viz. Sir To set your Majesties conscience at liberty c. more of this hereafter But this Observator enforceth reasons That the Bishops were not sent for but sent to the King by the Parliament to inform his conscience and bring him to yeild to the Bill who consulted rather their own ends And names them the Primate of Armagh the Bishops of Lincoln Durham and Carlile the two last unskilled depended wholly on the other two and those two as the Parliament knew full well carried a sharp tooth against the Lord Lieutenant upon former grudges that of the Primate for abrogating of the Articles of Religion established in the Church of Ireland and setting in their place the Articles of the Church of England and because Doctor Bromel once chaplain to the Lord Lieutenant then Bishop of Derrie had opposed most in it c. That of the Bishop of Lincoln on whom was the most dependance of worse affections than the other c. The Historian replies in his observator observed page 41 That the Bishops were not sent to the King but sent for by the King That they were five not four Bishops That if any of them depended on the Iudgment of others it was the Bishop of London who at the last meeting spake not a syllable That Durham and Carlile spake as freely as any other That the Lord Primate had no sharp tooth against the Lieutenant and instances in that of the Articles of Ireland which were never abrogated and produces this Certificate of two Doctors of Divinity We who were present at and Members of the Convocation holden at Dublin Anno. 1634. do hereby testifie That upon the proposal of the first Canon wherein for the manifestation of our agreement with the Church of England in the confession of the same Christian faith and doctrine of the Sacraments as was then expressed wee did receive and approve the Book of Articles of Religion agreed upon in the Convocation holden at London Anno 1562. One of the Assembly stood up and desired that the other Book of Articles agreed upon in the Convocation holden at Dublin Anno 1615. should be joyned therewith Unto whom it was then answered that this addition was altogether needless that Book having been already sufficiently ratified by the decrees of the former Synod But that the least motion was then or there made for the suppressing of those Articles of Ireland hath no truth at all in it And therefore the Observator and whosoever else hath or doth aver that the said Articles either were abolished or any motion made for the suppressing or abolishing of them are grosly mistaken and have abused the said Convocation in delivering so manifest an untruth The eighteenth of March 1655. Nicholas Bernard Samuel Pullen And to prove no discontent between the Primate and Earl he remarks That before his sentence He did advise with the Primate concerning his defence And after sentence the Earl desired that the Primate might serve him in his ministerial office in his last and fatal extremity who prayed with him sent Messages to the King by him took him by the hand and led him to the Scaffold That there was never any controversie in that Synod of Ireland between the Primate and the Bishop of Derrie concerning the Articles That the King pressing the Judges to declare any particular Article which if proved was treason could not extort from them one single instance but that the Earl was guilty upon the whole matter So much saies the Historian The Observator is rescued with witty Arguments to make good his defence in justification of what he had said before concerning the Bishops in which he puts himself upon a very unhandsome expression is it likely saies he c. that the King would confide in Potter Bishop of Carlile a man of so much want and weakness concluding the Historians Ipse dico no proof at all And so keeping the field the Historian appears no more But the Observator having dispatched that adversary he finds out another and indeavours to be rescued from the back blowes of Dr. Barnard Indeed if there were any they could be no other for the Author there turned the back not the face being an Anonymus and so appeared in that disguised for he that smote a Clergie Man without his Priestly habit was thereby excused A man that walks in the dark may meet with a knock by such as mean him no harm for the Doctors aim was if I mistake not from his apprehension of the Authors disaffection to the Primate of Ireland endeavouring to blemish that worthy Prelate of our Church in some particulars following and gave it then suspected by the Arch-Bishop himself and others to be some Agent of the See of Rome though as yet not any one of them hath moved his tongue against this Isralite at his exile hence And wee may be sorry to see his sole enemies to be those of his own house in profession that out of themselves should arise Men speaking perverse things such pen and tongue combates are gratefull to none but to the grand adversary of us all It comes in my way by calm endeavours and command of the dead to vindicate him that holy Prelate and to compose what relates to him on either side specially in these two mistakes concerning the Articles of Ireland and the scandal put upon him in relation to the Earl of Straffords death as I have received it from himself and others and charged upon me to publish which was long since prepared by it self but after conceived more convenient to be inserted in this history First for the Articles of Religion established in the Church of Ireland Anno. 1615. and pretended to be abrogated Anno. 1634. it so far onely concerns the late Primate as being chosen by the Synode to draw them up which was no more a Scandal to them than for King Iames his sending into Ireland the Articles of Lambeth as the Author tells us were to those Indeed Dr. Heylen in his History of the Sabbath pag. 2. Cap. 8. hath
be evil because mine were good And having signed both these Bills the King sent Sir Dudley Carleton Secretary of State to the Earl to acquaint him what he had finished the necessity urging him so to do together with the Earls free consent and the return of his Paper-promise which ballanced all The Earl amazed seriously asked him whether his Majesty had passed the Bill as not believing without some astonishment that the King would have done it And being again assured that it was passed He arose from his Chair and standing up lift his eyes to Heaven clapt his hand upon his heart and said Put not your trust in Princes nor in the sons of men for in them there is no salvation I have been assured from him that heard the King speak it and others confirming that the Bishop of London did not disswade nor perswade the King in the passing of the Bill but wisely or cunningly said nothing at all Nor does it appear that any of the other Bishops Lincoln onely excepted did any way press the King to his death And for satisfaction of all the world that the Arch-bishop of Armagh did not urge his death but rather the contrary I was present when it was diâ—â—â—ursed by a person of honour and honesty one that in these times and in these particulars thus controverted would not be positive but in the truth And as willingly as necessarily he hath set it under his hand and ready to justifie it with his Oath and Honour in these words and so witnessed by those that were present That the late King being in the Garison of Oxford a publick rumour passed that the Arch-bishop of Armagh was then dead and so intimated to the King in his Bed-chamber who was pleased to resent the news with much sorrow and with very high expression of the Prelates remarkable piety and learning and so said all that were present in confidence of his great endowments of exemplary virtues Except Sir said one in his advice to your Majestie to the hasty resolution of the Lord Strafford's death To which the King in some passion replied It was false protesting with an Oath his innocencie therein and that after the Bill was passed said the King the Arch-bishop came to me with much regret and sorrow and that the Arch-bishop wept bitterly This as a great truth I am ready to aver says the Relator by my Oath and Honour as I do now under my hand this eighth day of May 1656. W. L. Hereupon having this under his hand and witness I urged the question with another person of like Honour who said that himself was present at that time relating the very same words in effect as the former and both of them I spake with apart many miles asunder and neither of them witting of the use which I now make thereof they mentioned each other to be present And this also is certified upon his Oath and Honour and under his hand also and witnesses G. K. And now we shall see what the Arch-bishop of Armagh hath been pleased to signifie as to the Observatours pag. 240. concerning the result of the Bishops That Sunday morning the five Bishops writes he for so many they were London being one of them were sent for by the King himself and not sent to him by the Houses of Parliament amongst whom the Bishop of Durham and Carlile were so far from depending wholly upon the judgment of the other two whom the Observatour accounts Politicians that they argued the case themselves as fully as did any other To the Argument of one of them the King also returned this Answer that his Syllogism was faulty because it had in it four terms And for that most uncharitable surmise writes he concerning the Arch-bishop of Armagh as if the displeasure he had conceived against the Lord Lieutenant were so great that it could not be satisfied but by the seeking of his very bloud It is hard to say whethâ—â—hat calumny be more malicious or ridiculous for both the ground of that conceited grudg is utterly false the Articles of Religion established in the Church of Ireland having been never abrogated by him or any other And in the ordering of this his the Earls last business there was no man with whom he held greater correspondency than with the Primate himself whereof this may be sufficient proof that as before his condemnation he did from time to time consult with him touching his answer to their present charge so also afterwards having obtained from the Parliament that the Primate might be sent unto him to prepare him for his death He chearfully imbraced his spiritual instructions prayed with him sent messages to the King by him and by no means would dispense with him for being absent from his Execution But taking him by the hand led him along to the Scaffold where with incomparable courage and as himself professed even then ready to lay hown his head without the least touch of any passion or fear he rendered up the spirit to him that gave it And as to the Historian's Paragraph pag. 263. l. 33. The Earl proceeding c. This Paragraph says the Arch-bishop is wholly to be left out for at his passing to the Scaffold there was a great silence amongst the people all of them universally commiserating his case in an extraordinary manner and with great passion lifting up their hands to heaven for him And to the Historian pag. 263. l. 38. The Earl being brought c. The Earl says the Arch-bishop being brought to the Scaffold his Chaplains prayed with him and himself remaining still upon his knee rehearsing with great reverence the five and twenty Psalm Afterwards arising he addrest his Speech unto the people to this effect after following But the occasion of the mistakes of the addressing of his Speech unto the Lords as the Historian hath My Lords It should be My Lord which the Earl used in the Singular Number turning himself to the Arch-bishop who stood by him as appears by the Pamphlet presently published concerning his suffering where the tenour of his Speech which he then used is to be taken as agreeing almost with the very syllable by him used and not as the Historian hath it for thus in truth it was My Lord Primate c. as hereafter in due place But to return to the tenth of May the King having the day before signed both Bills that of the continuation of the Parliament and this for the execution of the Earl and with one Pen of Ink and at one instant he sets his hand to the loss of himself and to the destruction of his faithfull and most able Counsellour and Servant The next day eleventh of May he being extremely troubled at what he had done concerning the Earl he vouchsafes to write to the Lords and sends this Letter by his Son the Prince of Wales My Lords I did yesterday satisfie the justice of the Kingdom by passing the Bill of Attainder
and Figures within the Churches and afterwards from without suppressing the very Signs and Sign-posts and this curiosity of Imployment was conferred upon such as had least to do and could intend to be busied abroad Sir Robert Harloe was found out to be the fittest person which makes me remember Chaucer's Character of such another A busier man there never was Yet seemed busier than he was The King had given knowledg of his Resolution to journey to Scotland and to set out the tenth of August to which the Houses had agreed but now thus near they desire the King to put it off a Fortnight longer the great affairs of State necessarily requiring his presence and instanced in some Bills yet to be passed and some settlement for the Government of the Kingdom in his absence he told them the warning was so long since as that they might have hastened their business to that purpose And so the same day passed some Bills for Knighthood free making of Gun-pouder and Saltpeter and signed a Commission for passing Bills in his absence unto the Lord Keeper the Lord Privy-Seal the Earl of Lindsey Earl of Essex Marquess Hartford the Earl of Bath and the Earl of Dorset And signed to another Bill for the Earl of Essex General of all his Forces on this side Trent by which he had power to raise Forces in case of necessity but to that request that the Earl of Pembroke should be made Lord high Steward in the place of the Earl of Arundel now absent and the Earl of Salisbury to be Lord Treasurer he had no minde to either of them But the day before the King's Journey into Scotland and the Parliament serious in some sudden affairs of importance they were forced to lay aside the solemnity of this Day being Sunday and to sit from Morning till Night but not to bring it into President they publish in Print That for many urgent occasions they thought it necessary to sit and do declare so much that no inferiour Court or Council or any person may draw this into Example for their encouragement in neglecting the due observation of the Sabbath Sunday August 8. And then they adjourned untill the twentieth of October and a standing Committee of the House of Commons consisting of fifty Members appointed during the Recess But the King gone to Scotland the Parliament at leisure to frame business against his return such a Freedom and Liberty was taken up of the People and such connivance from the Parliament as somewhat like the late Comedy The World turn'd up side down Many Jealousies in the hearts of the People many Divisions and Differences in Opinion which little favour the Parliaments proceedings The Prelatical party utterly discountenanced and Learning discouraged the Universities neglected Orthodox men slighted A wonderfull liberty and licence afforded to the Communalty of a long time had now taken root and Riots too Every one as his fancy increased took upon him by connivance of several Members of several Opinions to countenance such who without other authority order or decency rudely and riotously disturbing Church-service in time of Prayers tearing the Book of Liturgy the Surplices and such things which the Parliament onely connived at being to use such a considerable party in time of need Ridiculous Conventicles and Preachings in Conventicles nay openly in corners of the Streets by Trades-men Tub-preachers to the general scandal of all good men In earnest to wise men and religious these courses were offensive and thereby grew disaffected to Parliaments but there were ways invented some were taken off by Preferments others deterred and most men distracted with these varieties exprest a Mutation and change of Church and State which after followed Insolencies and Disorders in the Populacy uncorrected or connived at grow up to Insurrections and Rebellions as with the late Actions of the Scots after whose Example the Irish Nation resolve of the like Freedom the one of Reformation the other of old ancient Popery National pretence either had but the effects of the former were soon smothered and pacified for the present but this other taking fire in time of our English Distractions which afforded them means and boldness to contrive the most horrid Rebellion in Ireland that after-ages will not easily believe It fell out in the Kings absence at Scotland and so we shall take up that time to enter the Reader in the former part of that miserable story and first of all to give some account of the Grounds and their rebellious pretences Somewhat we have said concerning the State of Ireland from the first Conquest of the English to these times of King Charls who highly indulged his Subjects there in this last Year 1640. upon their late Complaints and their general Remonstrance to him from the Parliament sitting at Dublin by a Committee of four Temporal Lords of the Upper House and twelve Members of the House of Commons instructed to represent the heavy pressures which they pretended to have suffered under the Government of the Earl of Strafford The King took their Grievances into his royal consideration heard them himself and presently provided for their redress And upon the decease of Master Wansford Master of the Rolls in Ireland and then Lord Deputy under the Earl of Strafford who still continued Lord Lieutenant of that Kingdom though then accused of high Treason and imprisoned in the Tower of London the King sent a Commission of Government to the Lord Dillon of Kilkenny West and Sir William Parsons Knight and Baronet Master of the Wards there but finding his choice of Dillon to be much disgusted by the Irish Committee that Commission was forthwith cancelled with their approbation he placed the Government upon Sir William Parsons and Sir John Burlace Knight Master of the Ordnance both of them persons of great integrity who took the Sword the ninth of February 1640. who applied them selves with all possible content to the People In abating the Subsidies there being given in the time of the Earl of Strafford from fourty thousand pounds each Subsidy to twelve thousand pounds a piece so low were they reduced and drew up two Acts in Parliament most impetuously desired by the Natives The one was the Act of Limitations which settled all Estates of Land there for sixty years preceding The other Act for the relinquishment of the Kings Right and Title to the four Counties in Conaught legally found for him by several Inquisitions and ready to be disposed of to Brittish Undertakers as also to some Territories in Munster and Clare upon the same Title And that the King might testifie his own settled resolution for his future grace and favours to them he did about the end of May 1641. declare the Earl of Leicester Lord Lieutenant General of Ireland perhaps upon the former score as Heir to his Uncle Sir Philip Sidney as to Sir Henry Sidney his Grand-father who had been Governour of Ireland in time
of a known Fortune and unquestionable Reputation wonders that he should be pressed to remove him without any particular Charge objected against him and therefore untill some just Exception be he is obliged to preserve his own work lest his favour and good opinion become a mis-fortune to his Servants As for his Forts and Castles of this Kingdom they shall alwaies remain in such hands as the Parliament may conâ—ide in which being the inseperable Flowers of the Crown vested in him derivative from his Ancestours by the Fuâ—damental Laws of the Kingdom he will reserve to himself and to bestow them as their Eminencie shall not be disproved by his Parliament For the Militia which by Law is subject to no command but his own when any particular course shall be digested by them for ordering the same inreference to his honour and safetie of the Kingdom He will then return to them a satisfactorie Answer therein And that he having granted to them more than ever any King hath done they will not ask more than ever any Subjects have desired And therefore conjures them by all the Acts of Dutie and Favour which they have received by their hopes of future happiness by their love of Religion and peace of the Kingdom in which that of Ireland cannot be forgotten That they will not be transported by unâ—â—cessarie Iealousies and Fears but that they will speedily pursue the proposed way by his former Messages to compose the Distractions of this Kingdom Nor was this satisfactory but that again they petition for the same and for his Majesties speedy and gracious Answer To which the King not over-hasty to resolve or rather not to alter from his former Resolutions therein The old way of Petitions are set on work from all Counties From the County of Suffâ—lk to the number of 1500. against the Votes of Popish Lords and Bishops in the House of Peers Ian. 31. and were answered approving their care and endeavour for the publick good with promise that the House of Commons will use their endeavour for their Desires Another Petition of 2000. Mechanicks Tradesmen about London to the same effect And were answered that the House of Commons were just now in consideration thereof The People were taught to reply that they doubted not the care of the Commons House but they were told that all their Distrust was in the House of Lords where the Popish Lords and Bâ—shops had the greatest power and there it stuck whose Names they desired to know and were so earnest that unwillingly they would withdraw whilest it was debated And afterwards had this Answer That the House of Commons had already endeavoured Relief from the Lords in their Requests and shall so continue till Redress be obtained And at the tail of these the City Dames accompanied a Petition to the like effects and were heartily treated for their care of the common good The second of February the House of Commons sent for Sir Edward Dearing one of their Members and examined him concerning his Book of all his Speeches this Parliament and some intended to be spoken in which some Particulars thereâ—n tended to the dishonour of that House and their Privileges for which he was excluded the House and his Book to be burnt at Westminster Cheapside and Smithfield and he committed to the Tower during pleasure The Committee met at Merchant-tailors Hall upon the Bill for raising four hundred thousand pounds for Ireland which was afterwaâ—ds effected but very little thereof sent to their succour A Message was sent from the Lords to the Commons that they had passed the Bill for disabling all persons in holy Orders to have any Place or Vote in Parliament or to exercise any temporal Jurisdiction which receiving some Amendments voted in the House of Commons the Bills were carried up by Sir Robert Harley to the Lords with high expressions of the Commons joy for the even Agreement and their Desire to the Lords to hasten the Bill for the King to pass But not to let him take breath for his second Answer hereto and being sensible that their five Members are lodged under the obloquy of Delinquency and under the Charge of high Treason both Houses once again petition that they may be informed within two Days what proof there is against them that they may be called to a legal Trial it being their undoubted Right that no Member of Parliament can be proceeded against without the consent of Parliament Febr. 2. And to these two Petitions presented both in a Day they receive this Answer That to the first of them when he shall know the extent of power which is extended to be established in those persons to be Commanders of the Forts and Militia and to what time limited no power shall be limited no power shall be executed by his Majestie alone without advice of Parliament so that they declare them such by Names whom he shall have just cause to refuse And to the other Petition That as he once conceived he had ground enough to accuse them so now he findes as good cause wholly to desert any prosecution of them And lest some of his Subjects may be involved in some unknowing and unwilling Errours he is ready to grant such a free and general pardon as his Parliament shall think convenient And now the Parliament considers the Kings Resolution in both those Petitions not to intrust the power of the Militia out of himself nor otherwise to clear Kimbolton and the five Members but inclusive by a general Pardon which they utterly refuse These two Demands of the Parliament necessarily depending each of the other the breach of Privileges giving them just cause of Fears and Jealousies to what excess the Kings will to do and power to execute might increase In these two therefore they as violently resolve to binde his hands and never left him till he was forced to take his leave of them which so daily follows But to prepare his affairs to his own intentions he resolves to send the Queen out of the Danger who was lately scared with a Report that the Parliament had an intent to accuse her of high Treason and that Articles were drawn up to that purpose which the Parliament excuse as a publick Scandal upon them To which she mildly makes answer That there was a general Report thereof but she never saw any Articles in writing and having no certain Authour for either she gave little credit thereto nor will she believe that they would lay any Aspersion upon her who hath ever been very unapt to mis-conster the Actions of any one person and much more the proceedings of Parliament and shall at all times wish an happy understanding between the King and his People In truth there had not been onely a Rumour abroad but a dangerous conceit that the Queen had so much power with the King as to mis-advise him and had she not resolved to be gone aside they did intend to drive her away
Foot coming together by the Kings Commission or Warrant and all people of what rank soever are to be aiding to their suppression and these to be published in all Market Towns and Churches May 28. The King proclames as much against the Parliament Forbidding all his people belonging to the Trained Bands or Militia of the Kingdom to obey any Order or Ordinance of any of the Houses according to a Statute 7 Ed. 1. And the same day requires all the Ministers Free-holders Farmers and substantial Copy-holders of the Countie of York to meet at Heyworth Moor near York upon Friday Whitsun week by nine in the morning To the Sheriff of the Countie of York May 28. Which the Parliament declare to be against Law and of none effect and command all people to disobey it for so doing the Parliament will protect them And because divers Members of the Commons were ouâ— of sight and drooping after the King the House commands their personal appearance by the sixteenth day of this instant June upon pain of an hundred pounds to be disposed of to the Wars of Ireland excepting such Members in imploiments for the Parliament June 2. To prevent him of the sinews of War Money for which the Crownâ—jewels with the Queen in Holland are pawned at Amsterdam and other places beyond Seas The Parliament therefore mentioning the intent to make War against them do order That whosoever hath or shall pay leâ—d send or bring any money in specie into this Kingdom for or upon those Iewels or accept of any Bill thereafter shall be an Enemie to the State And the same day they vote their Frame of nineteen Propositions which are forwith sent to the King and truly of the first magnitude that ever any Subjects demanded and yet they must be accompanied with an humble Petition of his faithfull Subjects having nothing they say in their thoughts and desires more precious and of higher esteem next to their immediate service of God than their just and faithfull performance of their dutie to his Majestie and the Kingdom with honour peace and happiness The Propositions 1. That all the Kings privie Council great Officers and ministers of State may be put out excepting such as the Parliament shall approve and to assign them an Oath 2. That all affairs of State be managed by the Parliament except such matters as are transferred by them to the privie Council and to be concluded by the major part of the Nobilitie under their hands the full number not to exceed five and twentie nor under fifteen and if any place fall void in the intervall of Parliament then the major part of the Council to chuse one to be confirmed at the next Session of Parliament 3. That all the great Officers of the Kingdom shall be chosen with approbation of Parliament and in the intervall c. before said 4. The Government and Education of the Kings Children by Parliament c. ut supra 5. Their Mariages to be treated and concluded by Parliament c. 6. The Laws against Papists Priests and others be executed without Toleration or Dispensation except by Parliament 7. No popish Lord or Peer to have Vote in Parliament their Children to be educated in the Protestant Faith 8. To reform Church-government as the Parliament shall advise 9. To setle the Militia as the Parliament have ordered and for the King to recall all his Declarations published against their Ordinances therein 10. All privie Counsellours and Iudges to take Oath for maintenance of the Petition of Right and other Statutes which shall be made this Parliament c. 11. All Officers placed by Parliament to hold their places quam diu bene se gesserint 12. All Members of Parliament put out during this time be restored again 13. The Iustice of Parliament to pass upon all Delinquents and they to appear or abide their Censure 14. The general Pardon to pass with Exceptions as the Parliament shall advise 15. All Forts and Castles of the Kingdom to be disposed of by Parliament ut supra 16. The King to discharge all his Guard and Forces now in being and not to raise any other but in case of actual Rebellion 17. The King to enter strict Alliance with all reformed States for their Assistance to recover the Rights of his royal Sister and her princely Issue to those Dignities and Dominions which belong unto them 18. To clear the Lord Kimbolton and the five Members by Act of Parliament 19. No Peer hereafter to be made shall sit in Parliament without their consent And these Articles being confirmed the Parliament engage to make him a happie Prince June 2. These were the Propositions and how unreasonable may be seen by the Kings resentment of them and others such like after which drew from him the consideration expressed by himself in these words Although says the King there be manie things they demand yet if these be all I am glad to see at what price they set mine own safetie and my peoples peace which I cannot think I buy at too dear a rate save onely the parting with my Conscience and Honour If nothing else will satisfie I must chuse rather to be as miserable and inglorious as mine Enemies can make or wish me Some things here propounded to me have been offered by me others are easily granted the rest I think ought not to be obtruded upon me with the point of the Sword nor urged with the injuries of a War when I have already declared that I cannot yield to them without violaâ—ing my Conscience â—t is strange there can be no method of peace but by making War upon my Soul Here are many things required of me but I see nothing offered to me by the way of gratefull exchange of Honour or any requital for those favours I have or can yet grant them This Honour they do me to put me on the giving part which is more princely and divine They cannot ask more than I can give may I but reserve to my self the incommunicable Iewel of my Conscience and not be forced to part with that whose loss nothing can repair or requite Some things which they are pleased to propound seem unreasonable to me and while I have any masterie of my Reason how can they think I can consent to them Who know they are such as are inconsistent with being either a King or a good Christian. My yielding so much as I have already makes some men confident I will denie nothing The love I have of my peoples peace hath indeed geat influence upon me but the love of Truth and inward peace hath more Should I grant some things they require I should not so much weaken my outward state of a King as wound that inward quiet of my Conscience which ought to be is and ever shall be by God's grace dearer to me than my Kingdoms Some things which a King might approve yet in honour and policie are at some time to be
in him by the Parliament and adhered to the Enemie to be proved by his words by his Letters and by his actions and 1. His compliance with the Enemie the Lord Digby and the Marquess Newcastle 2. His Refusal to supplie the Lord Fairfax with Amunition to the great Disservice of the Parliament and prejudice of the Affairs in the North. 3. His uttering divers scandalous words against the Parliament and Close Committee 4. His endeavouring to betray the Town of Hull to the Enemie 5. His holding correspondencie with the Queen by several Messengers 6. His causing a Demi-culvering to be planted on the top of the Castle against the Town and two Pieces in the Block-house to give fire on the Parliament Ships 7. His sending away Mayor Captain of the Ship Hercules 8. His quitting of the Garison at Beverley which strengthened the Town of Hull 9. His endeavouring to escape so soon as his Designs were discovered All which were proved upon him by several Witnesses above thrity persons and that was the business of this day On Munday after he comes to his Defence beginning with a tedious Narrative of his faithfulnesâ— in maintaining the Town of Hull against his Majestie at the beginning of the War when he might have expected great preferment and advantage To the first Article he saith That Captain Mayor sailing forth to meet the Providence the first Ship that brought the King Amunition took a Catch in the River Humber wherein was the Lord Digby in disguise of a French man Col. Aâ—hburnham and Sir Edw. Stradling whom he brought Prisoners to Hull where the Lord Digby told him that he was a Souldier of Fortune and for his Libertie would adventure to the Enemie and give Sir J. Hotham Intelligence which accordingly he did and returned several times but at last gave the slip and then sent a Letter of Inticement that he was the Lord Digby and wished him to return to his Allegeance to his Sovereign after which he had no further Treatie with him That he treated with the Marquesse Newcastle was to no other end but to keep the Riding of Yorkshire free from plunder for the maintenance of Hull which was then destitute of money That for the Letters which he should send to the Marquess He alledged he knew not but that they might be counterfeit being only like his hand Then he proceeded by way of defence producing Witnesses on his own part which were Commissarie Coply and other Knights and Gentlemen on purpose only to take off the testimonie of Examinants against him but they proved to little effect And so after some daies spent in examining Witnesses pro and con he was sentenced 7. December to be carried back and from thence to the place of Execution to suffer death by having his head cut off Two daies after comes his Son Captain Hotham to his Trial. His Charge against him was in effect That he being a Commander in the Parliament Service had Traiterously betrayed the Trust reposed in him perfidiously adhering to the Enemy all which would be proved And was by the Advocate of the Court the chief matters were these That he had been disobedient to the Commands of the Lord Fairfax Commander in chief of the Northern Counties and that he had refused to account for the Parliaments moneys raised in Yorkshire and converted to his own use And for his adhering to the Enemy It was instanced by his going into the Enemies Quarters and returning without any ingagement His several private Treaties with the Enemy under pretence of Exchanging Prisoners and private discourse with the Marquesse Newcastle twice by his own confession and that the Marquesse offered him to be made a Lord and to have General Gorings Command or any other Honours if he would turn to the King His omitting several opportunities to fight with the Enemy and permitting a Convoy from the Queen with Arms upon her first landing at Burlington and to passe to York without fighting That Lord General Cromwel being in Lincolnshire with him upon a Design against the Enemy Hotham was to Charge the Right Wing and Cromwel the Left whom he Routed and Chased them above two miles who returning found the Enemies Right Wing unmoved and so Hotham had not charged at all That after the discovery of some of his Treachery and whilst committed prisoner to Notingham Castle he sent his Servant John Keyes swearing him to secrecy with a Message to the Queen then at Newark how he was imprisoned and to be speedily sent up to the Parliament or to the General and prayes her Majesty to send a Party of Horse to rescue him and that he had a Regiment of Horse under his Command and should be ready for the Service she expected in Lincolnshire That his Company of Foot at Lincoln the Town of Hull Beaverly and the Ship called the Hercules were all at her Majesties Service That after his being released from Nottingham Castle he went to Lincoln and gave out many scandalous Speeches invective against the Parliament with inticements to Colonel Rositer to betray his trust who detesting such perfidie Hotham went to Hull to his Father and forthwith both of them received Letters from the Marquesse Newcastle about the betraying of Hull and other matters And that the day before they both were apprehended at Hull 18. June 1643. Hotham writ to the Marquesse an Answer to his Letters which were found in his Chamber sealed not having time to send them away wherein much of his treacherie was therein laid open On Thursday 12. Decemb. Hotham makes his defence large and verie formal from four afternoon till eight at night That he treated with the Enemie for the Parliaments advantage in setling a course for exchange of Prisoners and the like which he conceived he might doe without acquainting his Superiour and to that purpose pleaded the priviledge of all Commanders instancing divers and that he knew no Law against it nor was it prohibited by the Ordinance of War That before he adventured upon Treaties he still had advice of his Commander in Chief Sir John Hotham and some of his own Captains That for his not fighting the Queens Convoy they were far stronger yet he attacked the Rear as far as he might with safety And had learned this Maxim of War that a Commander in Chief is not to adventure upon an Enemy but upon advantage or compelled by necessity That for the businesse betwixt him and Lord General Cromwel He offered to prove that he charged the Enemies Right Wing to the utmost though it proved not so effectual as the others Actions upon the Left Wing That when he was committed to Notingham not knowing his crimes or by whose Order committed He sent to his Father to Hull to enquire the cause but denyed he sent his servant to the Queen and made many Objections against his man Keyes testimonie therein The words which he spoke to Rositer he confessed but were in passion and he recalled them
in the sight of Almighty God that I will not disclose nor reveale unto any Person or Persons whatsoever who is not a Commissioner any matter or thing that shall be spoken of during the Treaty by any one or more of his Majesties Commissioners in any private Debate amongst our selves concerning the said Treaty so as to name or describe directly or indirectly the person or persons that shall speak any such matter or thing unlesse by the consent of all the said Commissioners that shall be then living Memorandum That it is by all the said Commissioners agreed that this shall not binde where any ten of the Commissioners shall agree to certifie his Majesty the number of the Assenters or Dissenters upon any particular result in this Treaty not naming or describing the persons Upon the Kings former Message from Evesham Iuly 4. And his second Message from Tavestock Septem 8. and the consideration of the Parliaments late Propositions sent to the King at Oxford Novem. 23. which he Answered in the general the effect whereof produced an offer of the King for a Treaty so that at last it was assented unto and Commissioners appointed on all sides for the King and for the Parliament of England and the Parliament of Scotland to Treat at Uxbridge the 30. of Ianuary The day came and after eithers Commission was assented unto the Kings Commissioners complain against one Mr. Love who preached in Uxbridge to the people that very day Thursday Market day Telling them that the Kings Commissioners came with hearts full of bloud and that there is as great distance between this Treaty and Peace as between Heaven and Hell With divers other seditious passages against the King and his Treaty It was Answered that Mr. Love was none of their Train and that they would present this Complaint to the Parliament who will no doubt proceed in justice therein who was sent to the Parliament and slightly blamed but grew into so much favour with a Faction and therein very bold that we shall finde him hereafter a Traitor and sentenced to be hanged drawn and quartered but had the favour of the Ax. The observable end of many such in these times Commissioners pro Rege Duke of Richmond and Lenox Marquess of Hertford Earl of Southampton Earl of Kingston Earl of Chichester Lord Capel Lord Seamour Lord Hatton Lord Culpepper Sir Edward Nicholas Sir Edward Hide Sir Richard Lane Sir Thomas Grandure Sir Orlando Bridgeman Mr. Io. Ashburnham Mr. Ieffery Palmer Doctor Stuard Commissioners pro Parl. Earl of Northumberland Earl of Pembroke Montgomery Earl of Salisbury Earl of Denbigh Lord Wenman Mr. Hollis Mr. Pierpoint Sir Hen. Vane Iunior Mr. Crew Mr. Whitlock Mr. St. Iohns Mr. Prideaux Lord Loudon Sir Charles Ersken Scots Commissioners Mr. Doudas Mr. Brackley Mr. Henderson Then they proceed to their Order of Treaty 1. concerning Religion 2. Militia 3. Ireland But ere the Treaty began this Paper was delivered in to the Commissioners of Parliament from the other for reconciling all differences in the Matter of Religion and procuring a Peace we are willing 1. That freedom be left to all Persons of what opinion soever in Matters of Ceremony and that all the penalties of the Lawes and Customs which enjoyn these penalties be suspended 2. That the Bishops shall exercise no Act of Iurisdiction or Ordination without the consent and Councel of the Presbyters who shall be chosen by the Clergy of each Diocess out of the Learned'st and gravest Ministers of that Diocess 3. That the Bishop keep his constant Residence in his Diocess except when he shall be required by his Majesty to attend him on any occasion and that if he be not hindered by the Infirmity of old age or sickness he preach every Sunday in some Church within his Diocess 4. That the Ordination on Ministers shall be alwayes in the Publick and Solemn Manner and very strict rules observed concerning the sufficience and other qualifications of those men who shall be received into holy Orders And the Bishop shall not receive any into holy Orders without the Approbation and consent of the Presbyters or the Major part of them 5. That competent Maintenance be established by Parliament to such Vicarages as belong to Bishops Deans and Chapters out of the Impropriations according to their value of the several Parishes 6. That no Man shall be capable of two Parsonages or Vicarages with cure of Souls 7. That toward the setling of the Publick peace a hundred thousand pounds shall be raised by Parliament out of the estates of Bishops Deans and Chapters in such manner as the King and Parliament shall think fit without the Alienation of any of the said Lands 8. That the Iurisdiction in causes Testamentary Decimals and Matrimonials be setled in such a manner as shall seem most convenient by the King and Parliament And likewise that Acts to be passed for regulating of Visitations and against immoderate Fees in Ecclesiastical Courts and abuses by frivolous Excommunications and all other abuses in Ecclesiastical Iurisdictions as shall be agreed upon by King and Parliament And if the Parliaments Commissioners will insist upon any other things which they shall think necessary for Religion the Kings Commissioners shall very willingly apply themselves to the consideration thereof But no Answer was given thereto The Parliaments Commissioners paper concerning Religion That the Bill be passed for Abolishing and taking away of all Archbishops Bishops c. according to the third Proposition That the Ordinances concerning the calling and sitting of the Assembly of Divines be confirmed by Act of Parliament That the Directory for Publick Worship already passed both Houses and the Propositions concerning Church Government annexed and passed both Houses be Enacted as a part of Reformation of Religion and Vniformity according to the first Proposition That His Majesty take the Solemn League and Covenant and that the Covenants be enjoyned to be taken according to the second Proposition To this was annexed the following Paper That the ordinary way of dividing Christians into distinct Congregations and most expedient for edification is by the respective bounds of their dwellings That the Minister and the Church Officers in each Congregation shall joyn in the Government of the Church as shall be established by Parliament That many particular Congregations shall be under one Presbyterial Government That the Church be Governed by Congregational Classical and Synodical Assemblies to be established by Parliament That Synodical Assemblies shall consist both of Provincial and National Assemblies Which Papers suffered three dayes of the Treaty in dispute The next three dayes were ordered for the Militia and was afterwards resumed for other three dayes Propositions concerning the Militia 4 February We desire that the Subject of England may be Armed Trained and Disciplined as the Parliament shall think fit That the like for Scotland as the Parliament there shall think fit An Act for setling the Admiralty and forces at Sea and
establishing such additional Laws as might make for the present and future good of the Kingdom and turning the Propositions into Bills and Acts. Yet the next day they Vote To apply themselves once more to his Majesty for his assent to such things in the Propositions as will most make for the good of this Kingdom And these were for the present concerning the great Seal Honours and Titles taking away Bishops c. Declarations and Propositions against the Parliament raising monies for paying the publick debts of the Kingdom The Head Quarters of the Army continuing at Putney and the King at Hampton Court much business was brewing and at last it burst out There had been of late some Souldiers elected out of each Regiment of Horse and Foot who meet and consult by the name of Agitators for the Army and in short time acted in Councels with others of their Commanders profess nothing more then the peoples Liberty and Power and appear for the present as a third Faction with the Presbyter and Independent in the way of Democracie and these were they that seemingly were for the King and as yet had indulged many kindnesses to him since his first restraint the better to bring their purposes to effect and though their Faction had power sufficient to make their own way and framed their Remonstrance into a Case of the Army yet they humbly present it in a Letter to his Excellency their General setting forth From the deep sence of our duty to God to our Countrey to your Excellency to this Army and to our selves we finde such Obligation upon our Consciences written naturally by the â—inger of God in our hearts that we cannot behold the honour of God to be impaired the works of his hands the Land of our Nativity your Excellency this Army our selves or Posterity ready to be swallowed in confusion and to sit still and not rise in the strength of his might to contribute our best endeavours for the prevention thereof c. and so not to be a strange thing that we the means should state the Case of the Army how declined from its Principles of safety what mischiefs are threatned and what remedies are sutable for prevention c. And from our Consciences we attest and protest in the presence of this all-seeing Deity as we desire safety in this life or that which is to come we have no other then cordial and faithful intents to the meek of this our Native Countries to the Parliament your Excellency and this Army in the business of these Papers presented to you from which we are resolved not to recede c. So humbly craving favourable constructions they remain Signed by the Agitators for Lieutenant Gen. Commissary Gen. Col. Fleetwood Col. Riches Col. Whalies Regiments Hamstead 15. October 1657. This the General recieved favourably and resolves to communicate with the General Council A man would admire against whom they would complain They complain in effect That the grievances of the Army many moneths since represented to the Parliament which upon view of our Narratives Representations c. nothing is done either for the Army or the poor distressed people of the Nation And so they ravel into all the neglects of the Parliament in references to the Army in general or in particular to the Widows Orphans or Maimed Souldiers or pay to the Army not burthening the distressed Countrey That there is no period put to this Parliament the House not sufficiently purged The Army not vindicated from the most horrid Injustice of that Declaration against the Army for Petitioning nor of suppressing burning Petitions and imprisoning Petitioners And reckon up the burdens oppressions arbitrary proceedings of Parliament against the Army deduced from their several Remonstrances in ten particular Articles And conclude That whilst we look for Peace and Freedom the Flood-gates of Slavery Oppression and Misery are opened upon the Nation Then in another Paper they insist upon The Mischiefs Evils and Dangers which are and will be the necessary consequence of the Armies declining or delaying the effectual fulfilling of its first Ingagements Promises and Declarations or of its neglect to insist positively upon its first principles of common Right and Freedom which is expressed in five particulars viz. 1. The love of the people to the Army is almost lost c. 2. The Army seems a burden to them whilst their Opressions are increased and no relief by the Army 3. By which means Distractions Divisions Tumults thereby increasing c. 4. That the People are willing rather to have one Tyrant King then hundreds of others such c. 5. And in the fifth they enumerate all the Mischiefs Clamours Complaints which the people suffer are say they ascribed to the Army which they conclude is occasioned by the misgovernment of the Parliament And amongst their eight particulars of the Armies delaying their promises expressed in several Declarations they insist upon That through the same Declension of the Armies first Principle for setling the Nation in peace before the Kings business be considered he is likely to receive his old capacitie before the peoples Freedoms which they have redeemed out of his hands and his forces by blood be cleared and established securely and likewise before any security be given for Arrears for the Army that conquered him let any rational man judge And likewise by the same means the Armies and their assistants Indemnities propounded to receive its strength from the Kings consent whereas only his Signing of or consent to anie Act is wholly Null and void in Law because he is under restraint but also it s the highest disparagement to the Parliament that when they have commanded an Army upon service against the King they should not have sufficient power to save them harmless for obedience to their Commands and also it s the highest dishonour to the Army that they should seek to the Conquered Enemie to save them harmlesse for fighting against them which is to ask him pardon and so will remain a perpetual reproach upon them Then they propose certain Rules and Orders for due Election of Members of Parliament and urge complaints against the late violence upon the Parliament and to be punished for voting a new War or for the Kings coming to London upon his own termes And that the people shall of course meet without any Warrant or Writ once in every two years upon a day appointed in their respective Counties for electing of their Representatives in Parliament and that all the free-born at the age of twenty one years and upwards be the Electors excepting Delinquents and such Parliaments to have a period of time to determine and before that time that they may not be adjournable or disolvable by any power except themselves and that their power be declared in the people and unalterable And these particulars being very large they sum up with their prayers that seing God hath clothed this Army with honour in subduing the
Lordships cannot be ignorant And further give me leave to adde if so unworthy a servant as I am and that which concerns my honour were at all worthy your consideration whether it would not much reflect on me in case these Gentlemen should be removed from hence The King and they have freely thrown themselves upon me for safety upon confidence as they please to say of my honour and honesty and the satisfaction they expect it would have given the Parliament the King being necessitated to remove c. Yet whatever is commanded by Authority of Parliament though never so contrary to my sense or honour shall never be disobeyed by my Lord Carisbroke Caste 19. Nov. 1647. Your Lordships servant Ro. Hamond The King was now at leisure to bethink himself what advantage a personal Treaty would be to him and being mindful of what he had lately writ to the Parliament concerning the same in his last Message to them from Carisbroke Castle He writes to them again 6. December for an Answer CHARLES REX Had his Majesty thought it possible that his two Houses could be imployed in things of greater concernment then the peace of this miserable distracted Kingdom He would have expected with more patience their leisure in acknowledging the receipt of his Message of the 16. of November last But since there is not in nature any consideration preceding to that of Peace his Majesties constant tenderness of the welfare of his Subjects hath such a prevalence with him that he cannot forbear the vehement prosecution of a personal Treaty which is only so much the more desired by his Majesty as it is superiour to all other means of Peace And truly when his Majesty considers the several complaints he daily hears from all parts of this Kingdom that Trade is so decayed all Commodities so dear and Taxes so unsupportable that even natural subsistence will instantly fail His Majestie to perform the trust reposed in him must use his utmost endeavours for Peace though he were to have no share in the benefit of it And hath not his Majesty done his part for it by divesting himself of so much Power and Authority as by his last Message he hath promised to doe upon the concluding of the whole Peace And hath he met with that acknowledgment from his two Houses which this great grace and favour justly deserves Surely the blame of this great retarding of Peace must fall somewhere else than on his Majesty To conclude if ye will but consider in how little time this necessary good work will be done if you the two Houses will wait on his Majesty with the same resolutions for Peace as he will meet you he no way doubts but that ye will willingly agree to this his Majesties earnest desire of a personal Treaty and speedily desire his presence amongst you where all things agreed on being digested into Acts till when it is most unreasonable for his Majesty or his two Houses to desire each of other the least concession this Kingdom may at last enjoy the blessing of a long wisht for peace Carisbook Castle Decemb. 6. 1647. For the Speaker of the House of Peers pro tempore to be communicated c. And accordingly the monstrous distractions of the State and Army wrought upon both to satisfie the King and peoples desires and therefore to oppose his demands they prepare four Bils as a pledge of trust to which if he assent it would draw on a Treaty touching the rest which they intended by Propositions to be compleated with speed The four Bills were these 1. That it be lawful for the future to order the Militia of the Kingdom without the Kings consent to raise what Armies they please All others under pain of Treason are prohibited to assemble to the number of thirty persons without the Authority of Parliament 2. That it be lawful for the Houses to sit to adjourn their sitting to what place they please to assemble at what time soever and at their own discretion 3. That all the Oaths Interdictions and Declarations sent forth in publick against either Houses be accounted and declared void 4. Whomsoever of the Nobility the King had dignified with Titles from the time himself departed and carried away the great Seal of the Kingdom the same be degraded of their Honours And these to be passed into Acts. The Bills and the Propositions in effect as before with some alterations were thought fitting to be sent together which were brought to the King by Commissioners but the Scotish Commissioners followed at their heeles and presented the day before the Scots came 29. of Decem. at Carisbrook Castle to which he said though they were long yet he would shortly give Answer The next day the Scots came and present a Paper of their dissent in these words That the new Propositions and the Bills therewith presented to your Majesty are so prejudicial to Religion the Crown and the Union and Interest of the Kingdoms and so far different from the former proceedings and engagements betwixt the Kingdoms as we cannot concur therein Therefore we do in the Name of the Kingdom of Scotland dissent from these Propositions and Bills now tendered to your Majesty Louderdale Erskin Kenners Barkey And Publish their Reasons in a Declaration First in the matters of Religion Next concerning the interest and power of the Crown which they are bound by Covenant Allegeance and Duty not to diminish which power principally consists in making and Enacting Laws and in protecting and defending his Subjects and the exercise of that power are the parts and duties of that function That the Scepter and Sword are the Badges of that power And concerning the Militia they conceive that in his Majesties Message from Carisbroke Castle he hath offered that which is very satisfactory but that the King his posterity and Crown should be thereof divested for ever how can he or his posterity protect either without that power Touching confirming of Titles of honour the King ought not to be deprived of that which hath been held and is a Flower of his Crown See the Kings own Arguments in his Declarations May 1642. and concerning Hull That they had desired a personal Treaty with the King in London November 5. and afterwards November 17. to all which they never received Answer and that some things were to be distinguished but the expresse conditions of their League and Covenant the duty of their Allegeance and the treaties between the Kingdoms are such strong obligations as all that Honour or Conscience must acknowledg to be inviolably observed That the sending of Propositions without a Treaty hath been essayed without successe That the new Propositions are lesse to the advantage to the Crown then the former therefore unlike to have better successe than formerly That the Parliament have ever acknowledged the removal of the Kings person from his Parliament to be the chief cause of all the War and that then his presence