Majesties person and Right against all Forces whatsoever and in like manner the Laws Liberties and Privileges of Parliament and of this Kingdom And I shall to my utmost power preserve and defend the peace of the two Counties of Devon and Cornvvall and all persons that shall unite themselves by this Protestation in the due performance thereof and to my power assist his Majesties Armies for reducing the Town of Plymouth and resistance of all Forces of Scots Invaders and others levied under pretence of any Authority of two Houses of Parliament or otherwise without his Majesties personal consent And hereupon they agreed upon several Articles in reference to the taking of this Protestation directed to all Sheriffs Constables Ministers of every Parish Church at the next general Meeting That the Army be governed according to his Majesties Articles That all such persons slain or as shall be slain in this VVar or die in the Service by whose life any other person held any other Lands or Rents the said other person shall grant an Estate or pay such Rents for life under such Covenants c. as to the person so slain and the Refusers to lose double value one half to the King the other to the party and to be imprisoned till payment That if any Minister shall refuse or neglect his particular duty in his Service or not reade the Kings Declarations or do any thing contrary to â—is Majesties Instructions to be secured and his Estate sequestred That there be provided a thousand Barrels of Powder and ten thousand Fire Arms at the charge of both Counties whereof Devon three parts and Cornvvall to be a fourth according to the proportion of the grand Subsidy The Earl of Manchester for the Parliament is as active in his Association having gone over all vvith a high hand came to the University of Cambridg being not yet resolved vvhether the Colleges and Halls be vvithin his Commission for Sequestration for clearing vvhereof the Parliament sent out their Ordinance That the Estates Rents and Revenues of the Colleges and Halls in the University of Cambridg are in no wise to be seized on but shall remain and be to the same University Colleges and Halls as if the Ordinance of Sequestration had never been made Which is most nobly done like true Patriots of Learning but then the next Proviso marrs all That if any part portion or dividend be due to any Head Fellow or Scholar in the said University being or which hereafter shall be a Malignant or Delinquent within any of the Ordinances of Sequestration then they shal be excepted from receiving any part or portion of his Allowance but shall be dealt with as it shall be ordered by the Earl of Manchester and none to be Receiver Treasurer or Bowser but such as shall be approved by him Sir Richard Byron Governour of Newark for the King understanding that the Adversaries vvere quartered at Harmiston and VVaddesdon three Miles from Lincoln sent out tvvo hundred and fifty Horse and some Dragoons under command of Sir Gervase Eyre vvho beat up their Quarters and took kill'd some but the reason having Quarter he carried avvay above three hundred Prisoners Horse and Arms. The King at Oxford vvith sufficient Friends to finish his civil affairs considered of the fitness and conveniency to assemble the Members of both Houses of Parliament at Oxford and having to that purpose the tvvo and tvventieth of December last by his Proclamation summoned them for this day the tvvo and tvventieth of Ianuary vvhere novv they met in the great Hall at Christ's Church vvhere his Majesty declared the occasion of his calling them together to be witnesses of his actions and privy to his intentions Telling them That if he had the least thoughtâ— disagreeing with the happiness of this Kingdom he would not advise with such Counsellors as they are And so they went to the publick Schools the Lords in the upper Schools and the Commons in the great Convocation-house Indeed he having renounced those Members that sate at Westminster he thought it fit to assemble such as he might confide in to vote and act as his proper Parliament countenanced with able Members the most ancient and most honourable Peers and very worthy Gentlemen not amiss to record them The Names of the Lords and Commons in the Assembly of the Parliament at Oxford Ianuary 22. 1643. Charls Prince Duke of York Cumberland Edw. Littleton C. S. Fr. Cottington Treasurer Duke of Richmond Marquess of Hertford Earls Lindsey Dorset Shrewsbury Bath Southampton Leicester Northampton Devonshire Carlile Bristol Barkshire Cleveland Rivers Dover Peterborough Kingston Newport Portland Visc. Conway Lords Digby Mowbray and Matravers Lords Wentworth Cromwell Rich. Paget Chandos Howard of Charlton Lovelace Savile Mohun Dunsmore Seymour Piercy VVilmot Leigh Hatton Iermin Carington Knights and Gentlemen Sir Iohn Fettiplace Sir Alexander Denton Sir Iohn Packington Thomas Smith Francis Gamul Iohn Harris Ioseph Iane. Richard Edgcomb I. Raleigh G. Fane P. Edgcomb VVilliam Glanvile Robert Hâ—burn Sir Ralph Sidenham Sir Fr. Godolphin Ger. Parry Ambrose Manaton Sir Richard Vivian Io. Palewheel Io. Arundel Thomas Lower Edward Hide VVilliam Allestry George Stonehouse Edward Seymor Peter St. Hill VVilliam Pool Roger Matthew Richard Arundel Ro. VValker Giles Strangways Io. Strangways Sir Thomas Helâ— Geraâ—d Nape Samuâ—l Turner VVilliam Constantine Henry Killegrew R. King Io. Dutton Henry Bret. VVilliam Chadwell Theo. Gorges Io. George Thomas Fanshaw Humph. Conningsby Richard Seaborn Arthur Ranelagh Thomas Tomkins Sampson Evers Io. Culpeper Ieffrey Palmer Io. Harison Thomas Fanshaw Roger Palmer Sir Orlando Bridgman VVilliam VVatkins Iohn Smith Sir Thomas Bludder Edward Littleton Harvie Bagot Richard Leveson Sir Richard Cave Sir Richard VVeston Richard Lee. Thomas VVhitmore Edward Acton C. Baldwin R. Goodwin Thomas Howard Thomas Littleton Robert Howard Io. Meux Matthew Davis Fr. Cornwallis Thomas Germin Io. Tailor VVilliam Basset VVilliam Pateman Edw. Ridney Thomas Hanham Edw. Philips Io. Digby Edw. Kirton Chr. Lewkin Edw. Alford Io. VVhite Io. Ashburnham VVilliam Smith Thomas Leeds I. Thin VVilliam Pledel Ro. Hide Edw. Griffin VValter Smith George Lowe Richard Harding Henry Herbert Endimion Porter Samuel Sandys Iohn Bâ—dvil William Morgan William Thomas Iohn Mistin Henry Bellasis Knights and Gentlemen George Wentworth William Malory Richard Aldbury Io. Salisbury William Herbert William Price Io. Price Knights and Gentlemen R. Herbert Charls Price Philip VVarwick Thomas Cook Herbert Price Io. Whisler These Peers then disabled by several Accidents appeared since Viscount Cambden Lord Abergaveny Lord Arundel Lord Capel Lord Newport Peers imployed in his Majesties Service Marquesses Winchester VVorcester Newcastle Earls Darby Huntington Clare Marlborough Viscount Falkonbridg Lords Morley Lords Darcy and Coniers Sturton Everâ— Daincourt Pawlet Brudenel Powesse Herbert of Cherbury Hopton Loughborough Byron Vaughan VVithrington Peers absent beyond Seas Earl of Arundel Earl of Saint Albans Lord Viscount Mountague Viiscount Strafford Lord Stanhop Lord Coventry Lord Goring Lord Craven of Hamsted Lord Craven of Ryton Peers
Deputy Magistrate Seeing therein their Title bears evidence against them for in their three first subscriptions is exprest either King Iames his own act or an ordinance of the secret Councel equivalent to regality or at the desire of the General Assembly to intreat it If they had power to command the new taking of an old Oath as they had not what authority had they to interpret it concerning the five Articles of Perth the Service Boâ—k the Book of Canons and high Commission their Predecessours abjuring onely those Romish corruptions of that time near sixty years since but what could not be more evident was taken upon trust with Jesuitical Equivocation to many such Objections The former Confession and Band annexed heretofore was mâ—de in defence of the King his Authority and Person with their bodies and lives in defence of the Gospel of Christ and Liberties of that Kingdom To which they now have added a mutual defence of one another against all opposers the King not exâ—epted nor any for him Nay by two Acts of their own Parliaments Declare all leagâ—es of subjects amongst themselves without the King to be seditious and punishable The Oath of Iames the sixth and ninth Parliament of Queen Mary the Kings consent never granted nor ever asked The fire of this seditious Covenant flaming throughout the corners of that Kingdom the King to appease those passages sends the Marquesse of Hamilton with power of High Commissioner to conclude and determine for the peace of the Kingdom But why a peace-maker Commissioner and not a war-like Commander And if by a fair Imparlance why Hamilton so much reason to be distrusted as before observed unlesse rather to be deceived than to distrust against the advice of some Scotish Lords the Earl of Sterling Secretary of State the Bishops of Rosse and Broken Privy Counsâ—llours Sr. Robert Spotswood Lord President of the Colledge of Justice and Sr Iohn Hay Master of the Robes who came post hither to disswade the King from him and to present the Marquesse Huntley for that service one utterly in Enmity against Covenanters where the other was suspected But the King carried on by fate suffered the weak contribution of the Duke of Lenox his advise though the old Enemy of his house than that a County Lord Huntley should carry it from them both And indeed it was a Royal deputation fitted for King Hamiltons ambition who having lost the Scotish army for the King of Swedes ayd He fell upon secret designes for his own ends obliging all Scots at Court his dependants and by his authority in Scotland he had the means to alien any from the King to himself as he did in his trust cosen the King by granting what the Covenanters desired even to his Crown by degrees To suspend and after to suppresse the Common Prayer and Canons the five Articles of Perth got by Inches from his Father to be confirmed by Parliament and the Covenant authorized with the calling of General Assemblies for votes of Covenanters to censure and Excommunicate the Bishops and to abolish Episcopacy and all the Royal Clergy to be ruined making himself the greatest figure in Scotland and the King his cypher He acting all in the after Warre as the story proceeds to shew in particular But in Iune the sixth day his Commission was read at Dalkieth four miles from Edinburgh where the Covenanters increased devising because some powder landing at the Fryth for supply of the provision of Edinburgh Castle that assuredly the plot was to blow away the Covenant by destroying the Covenanters And in earnest they were to disdain any notice of the Commissioner or his arrand unlesse he came to them where they were fixed with better force than to adventure out of Edinburgh they having openly landed two good ships loaded with Arms and Amunition and then invited him to come thither which he did Being met with the Nobility and Gentry Covenanters and all sides making a lane of the looser sort who were made believe that Popery and Bishops were One with bitter cursings against both and therefore He being setled at Haly-rood House desired the Covenanters to dismisse their Multitude which they did to be eased of the charge And then He demanded first What they would expect from him Secondly What might be expected from them in duty to the King To the first That nothing but a General Assembly and Parliament would please them and so in both they would be their own Judges and for return to any former obedience they acknowledge no dissertion in the least degree from justifying their actions and rather renounce Baptism than loose one Article of their Covenant or rebate one syllable of the literal rigour of it Religion and Laws be at stake They double their guards of the city the Ministers libel the pulpits and send to the Commissioner the Sunday Eve that whosoever should read the English service though in the Kings Chappel should die the death where they were observed and increasing Insolency they send several letters to each of the secret Councel to require them to take the Covenant Therein expressing the comfortable experience they have already of the wonderfull favour of God upon renewing their Confession of their Faith and Covenant their resolution and beginnings of Universal Reformation to God his great glory contentment of his Majesty blessing to the Kingdom and joy of all good subjects And doubt not that your Lordship will both subscribe to the Covenant and be promover to it in the duty of a good Patriot the Office and trust of a Privy Councellour this the time of trial of your affection to Religion the respect of your fame the eyes of men and Angels being upon your carriage the Lord Iesus a secret witnesse to observe and a Iudge hereafter to reward and confesse such men before his Father that take his part before men All and each of these call and cry to God and your Lordship in a cause of so great and singular necessity as you expect at the hour of death to be free of the terrour of God and to be refreshed with the comfortable remembrance of Christ Iesus King of Kings and Lord of Lords The Marquesse now findes this place too hot for him and removes to Dalkieth without adventuring upon the English Divine Service formerly continually used there for twenty years in audience of the Councel Nobility and Judges and here he Proclames his Maiest es gracious Declaration for relieving of their grievances and satisfying of good people in his forwardnesse for maintenance of the Religion professed in that Kingdom His aversnesse from Popery Not to presse the practise of the Service-Book and Canons but in a legal way of proceeding and had ordered the discharge of all acts and Councels concerning them and to indict a General Assembly or Convocation and Parliament to agitate the welfare of the Church and Kingdom The Covenanters afraid that this Justice and clemency might
him whether this suddain change be sutable to his Ingagement or for a man of honour or honesty to deal thus with them that had so freely cast themselves upon him and whether the Commissioners were acquainted herewith he answered No but that he had the Parliaments Authority to do it and that he plainly saw by his Answer to the Propositions that he acted by other councils than stood with the good of the Kingdom Do you infer this sayes the King from my Answer and commanded Ashburnham to read the Copy thereof aloud to the company Hamond replied to all that he hoped of the good liking of the Houses thereto The King answered for once I will dare to be a Prophet for if ever the Parliament return an Answer to this believe me not but instead of all they will give the Governour thanks for his severity and send him a gratuity which they did And all parted with tears and much grief to the King Which so exasperated the people of the Island that somewhat happened like a mutiny and one Captain Barley heated with passion and misjudgment beat a Drum in Newport crying out for God and the King and the people but was soon suppressed interpreting this attempt to be a design they said to take away the King to seize the Castle and to do such like impossibilities Hereupon the Vice Admiral Rainsborough is commanded with a Fleet to surround the Isle and Land Forces are sent thither to strengthen the places and Votes passed the House for the trial of the chief Actors in this Mutiny Decem. 30. And Baily was arraigned at Winchester condemned for High Treason and accordingly hanged drawn and quarterd for Sir Harry Mildmay sometime Master of the Jewel house to the King and his Houshold servant alwaies had particular thanks of the House for his good service at Southampton upon the Commission of Oyer and determiner for the trial of Captain Baily Febr. 2. The Kings Answer read in the Houses and the effect known to the Army that hereby he was in a Gin and upon ruine they all piece again and the Agitators are brought into order only two Dissenters in honour to Military Discipline were shot and others imprisoned and all men had leave and liking to exclaim against him even in Pulpits generally countenancing the opinion of the most exasperated Members to consult of Interdictory Votes against all Commerce with the King which was set out the tenth of Ianuary 1. That the Houses for the future should have no access to or commerce with the King 2. Nor by any person whatsoever unless having obtained leave of both Houses 3. That no Messenger nor Paper should be recieved at any time from the King 4. That he shall incur the pains of High Treason that shall act to the contrary These were long debated below and the Houses made thin ere they were resolved And the first Vote held the whole day the Members wearied perhaps sooner than perswaded to the hopes of better events than followed the latter three were harsh yet necessarily depending Howbeit the higher House held to the tugg for many dayes till the Messengers of the Army came and gave thanks to the Commons and the old Artifice was set on work by the Rabble to rail at the Lords and some other terrors of Guards to the dissenting Peers made them at last to joyn with the Commons in these Votes and had thanks from the Army that the Souldiers would defend the priviledges of the upper House And for what was done then and subsequently acted there were Emissaries ordained to extort gratulatory Petitions from the people for what was done and to desire some more severe course upon the King But in fine the Parliament was put to it to give their Reasons of those Votes in a publick Declaration 15. Febr. In which they endeavour to set forth the fruitless addresses formerly made to the King which besides the suffering of many hundred thousands free-born people have not moved him That 7. Applications with Propositions have been tendered wherein the Parliament have yielded up not only their will and affections but reason and judgment yet he never accepted of any sent him No not after he was gone from Oxford his Towns and Armies overcome The last address was but for four Bills which they judged just honourable and necessary for safety during the after Treaty Then they remember many nay all the passages complainable of his Reign as hath been particularly set forth heretofore in their several Remonstrances where to the King gave Answers all which are but the repetition of former observations sufficiently expressed throughout this History and to say it over again will but trouble the Reader nor make more advantage to either party than as heretofore hath been And they conclude That he hath not only forgot his duty to the Kingdom but care and respect to himself and Family and that they could give many reasons more why they will make no more addresses and yet they will use their utmost endeavours to settle the present Government as may best stand with the Peace and happines of this Kingdom And hereupon almost together comes out the Armies Declaration in reference to the former of the Parliament We finde say they That the Parliament have insisted only upon some few things so essential to that interest of the Kingdom which they have hitherto engaged for as that without betraying the safety of the Nation and themselves and all that had engaged with them in that cause without denying that which God in the issue of the War hath born such testimony unto that they could goe no lower and these things granted they have offered to Treat of all the rest so that by and with the Kings denial we can see no hopes of settlement or security that way And therefore understanding that on Munday last the House of Commons have resolved not to make any further address to the King nor receive any from him nor to suffer either in others We do freely and unanimously declare for our selves and the Army that we are resolved through the grace of God firmly to adhere with and stand by the Parliament in their said Votes and in what shall be further necessary for prosecution thereof and for the sitting and securing of the Parliament and Kingdom without the King and against him or any other that shall partake with him Windsor Ian. 11. It is true that it cannot be conceived that the King could have any possible means to make Answer to the Parliaments Declaration and Army there were too many spies upon him Yet not long after some one so well affected to the Kings Service that whilst he is a prisoner takes upon him the Kings Cause and published an Answer such as it is which we submit to censure The Title stiles it His Majesties Answer to a Pamphlet Intituled a Declaration of the Commons of England in Parliament assembled expressing their Reasons and Grounds