Arbitrary wayes but we will try you by the rules of the good old Laws of England and whatsoever priviledge in your Tryal the Laws of England will afford you claim it as your Birth-right and Inheritance and you shall enjoy it with as much freedom and willingness as if you were in Westminster Hall to be tryed amongst your own Party and this we will do for that end that so at London your friends shall not have any just cause to say we murthered you with cruelty or denied you the benefit of the Law in taking away your life by the rules of our own wills Nay further said he Captain Lilburne it is true I am a Judge made by my Sovereign Lord the King according to his right by Law and so in a special manner am his Servant and Councellour and am to act for his good benefit and advantage And yet notwithstanding it is by the known Laws of this Land my duty to be indifferent and free from partiallity betwixt my Master and you the Prisoner and I am specially bound unto it also by my Oath and therefore you shall have the utmost priviledges of the Law of England which is a Law of Mercy and not of Rigour and hath the life of a man in tenderest and highest estimation and therefore it is the duty of a Judge by Law to be of counsel with the Prisoner in things wherein by his ignorance he falls short of making use of the benefit of the Law especially when he is upon the Tryal of his life Yea and to exhort him to answer without fear if he perceive him daunted or amazed at the presence of the Court Yea it is my duty to carry my self with all fairness and evenness of hand towards you and wherein that there shall seem any mistakes to appear in circumstances of Formalities to rectifie you For 't is my duty to help you and not to use any boisterous or rough language to you in the least to put you in fear or any wayes prevent the freedom of you defence and according to the Laws of England this is my duty and this is the Law And accordingly he gave me liberty to plead to the errors of my Indictment before ever I pleaded not guilty yea and also became willing to assign me what Councel I pleased to nominate freely to come to prison to me and to consult and advise with me and help me in point of Law This last he did immediately upon my pleading to the Indictment before any Fact was proved all which is consonant to the declared Judgement of Sir Edward Cook that great Oracle of the Laws of England whose Books are published by speciall Orders and Authority of Parliament for good Law who in his 3. part Institutes Chapt. Of High Treason fol. 29.34 compared with fol. 137.230 asserts the same Truly Sir I being now come before you to answer for my life and being no professed Lawyer may through my own ignorance of the practick part of the Law especially in the Formalities Nisities and Puntillio's thereof run my self with over-much hastiness in snares and dangers that I shall not easily get out of And therefore being all of a sudden bid to hold up my hand at the Bar I cannot chuse but a little demur upon it and yet with all respect to you to declare my desirableness to keep within the bounds of Reason Moderation and Discretion and so to carry my self as it doth become a man that knows what it is to answer for his life And therefore in the first place I have something to say to the Court about the first Fundamental liberty of an English man in order to his Tryal which is that by the Laws of this Land all Courts of Justice alwayes ought to be free and open for all sorts of peaceable people to see behold and hear and have free access unto and no man whatsoever ought to be tryed in holes or corners or in any place where the Gates are shut and bar'd and guarded with armed men and yet Sir as I came in I found the Gates shut and guarded which is contrary both to Law and Justice Sir the Laws of England and the Priviledges thereof are my Inheritance and Birth-right And Sir I must acquaint you that I was sometimes summoned before a Committee of Parliament where Mr. Corbet and several others have had the Chair and there I stood upon my right by the Laws of England and refused to proceed with the said Committee till by special order they caused their Doors to be wide thrown open that the people might have free and uninterrupted access to hear see and consider of what they said to me although I think the pretence that I am now brought before you for be the very same in substance that I was convened before Mr. Corbet for which was about Books and I am sure there I did argue the case with him and the rest of the Committee soundly out in Law proving that they were bound in Law and Justice freely to open their Doors for the free access of all sorts and kindes of Auditors And I did refuse as of right to proceed with them till by special order they did open their Doors For no tryal in such cases ought to be in any place unless it be publick open and free and therefore if you please that I may enjoy that Legal Right and Priviledge which was granted unto me by Mr. Miles Corbet and the rest of that Committee when I was brought before them in the like case that now I am brought before you which priviledge I know to be my right by the Law of England I shall as it becomes an understanding Englishman who in his actions hates deeds of darkness holes or corners go on to a tryal But if I be denyed this undoubted priviledge I shall rather dye here then proceed any further And therefore foreseeing this beforehand and being willing to provide against all jealousies of my escape the fear of which I supposed might be objected against me as a ground to deny me this my legal right and therefore beforehand I have given my engagement to the Lieutenant of the Tower that I will be a faithful and true prisoner to him He enlarged himself as to other particulars but these being the most material as to the relation of some passages of his Life I thought it necessary to insert them He having these requested freedoms granted him from Judge Keble his tryal went on which because of it self it is a large printed volume I shall onely hint at some things not to be omitted in it After he had ended his Speech Judge Keble told him that his requests were granted bid him look behinde him the Doors were open Mr. Prideaux the Atturney General excepted against the favour done him of the liberty of his Speech as at the beginning of his arraignment he had denyed to hold up his hand he further expressed that the Commission for the Tryal
universal grievance of your people 7. The great grief of your Subjects by long intermission of Parliaments and the late and former dissolution of such as have been called without the happy effects which otherwise they might have produced For remedy whereof and prevention of the dangers that may arise to your Royal Person and to the whole State they do in all humility and faithfulness beseech your most excellent Majesty that you would be pleased to summon a Parliament within some convenient time whereby the causes of these and other great Grievances which your people lye under may be taken away and the Authours and Councellors of them may be brought to such legal trial and condign punishment as the nature of their several offences shall require And that the present War may be composed by your Majesties wisdom without blood in such manner as may conduce to the honour and safety of your Majesties person the comfort of your people and the uniting of both your Realms against the common enemy of the reformed Religion And your Majesties Petitioners shall ever pray c. Concluded the 28. of August 1640. Francis Bedford Robert Essex Mulgrave Say Seal Edward Howard William Hartford Warwick Bullingbrooke Mandevile Brooke Pagett This Petition being seconded by another from the Scots to the same effect the King the twenty fourth day of the same moneth assembled the Lords together at York where it was concluded that a Parliament should be summoned to convene November the third next ensuing in the mean time a cessation of Arms was concluded between both Nations whereupon the King and Lords posted to London Tuesday November the third according to pre-appointment the Parliament assembled no sooner were they set but Petitions came thronging in from all Counties of the Kingdom craving redress of the late general exorbitancies both in Church and State many who were in prison were ordered to be set at liberty as Pryn Bastwick and Burton and the Bishop of Lincolne and many who were at liberty were ordered to be sent to prison as Sir William Beecher the Earl of Strafford and the Archbishop of Canterbury Secretary Windebank and the Lord Keeper Finch who was forced to flye the Land Ship-money was voted down the late Cannons damn'd Peace is concluded with Scotland and three hundred thousand pound allowed them for reparations This was summarily the first actings of the Parliament which gave much content to many people especially the Londoners who to the number of 15000. Petition for the abolishing of Episcopacy it self Indeed some few of the Cleargy at this time as at all others were corrupt in their lives many of them being vicious even to scandal yea many of those who pretended much purity in their conversations were most covetous and deceitful in their dealings besides their pride was intollerable insomuch that a great one amongst them was heard to say He hoped to live to see the day when a Minister should be as good a man as any upstart Jack Gentleman in England Well therefore might it it be said of the Priests of our times what Gildas sirnamed the wise wrote of the Priests of his time Sacerdotes habet Britannia sed insipientes quam plurimos Ministros sed impudentes clericos sed raptores subdeles c. Great Brittain hath Priests indeed but silly ones Ministers of Gods word very many but impudent a Cleargy but given up to greedy rapine c. Yet let none mistake me I write not thus to perswade any to an ill opinion of the Ministry for though our Church had cause to grieve for the blemishes of many yet might she glory in the ornaments of more so that Episcopacy received not at this time the fatal blow but was onely mutilated in her former glory the House of Commons voting that no Bishop shall have any vote in Parliament nor any Judicial power in the Star Chamber nor bear any sway in Temporal Affairs and that no Cleargy-man shall be in Commission of the Peace The Parliament having thus set bounds to the exorbitant power of the Cleargy they next fell upon the Tryal of the Deputy of Ireland who as you heard not long before was committed prisoner to the Tower this man at first was a great stickler against the Prerogative until allured by Court preferment he turned Royalist Westminster Hall was the place assigned for his Tryal the Earl of Arundel being Lord High Steward and the Earl of Lindsey Lord High Constable the Articles charged against him being very many are too long to recite I having more at large in their place inserted them in his Life The sum of them were for ruling Ireland and the North of England in an arbitrary way against the Laws for retaining the Kings revenue without account for encreasing and encouraging Popery for maliciously striving to stir up and continue enmity betwixt England and Scotland and for labouring to subvert Parliaments and incense the King against them yet notwithstanding this high charge the Earl by his answers so cleared himself that the King told the Lords he was not satisfied in Conscience to Condemn him of high Treason but acknowledged his misdemeanours to be very great at last wearied with the clamours of the people the Earl also by a letter desiring the same he granted a Commission to four Lords to Sign the Bill for his Execution which Execution was accordingly performed on Tower-hill May 10. 1641. Thus dyed this unhappy Earl a sacrifice to the Scots revenge cut off as it was thought not so much for what he had done as for fear of what he afterwards might do a man of the rarest parts and deepest judgement of any English man of our late times The same day fatal to the King he Signed the Bill for the Deputy of Irelands death he also Signed the Bill for a trienial or perpetual Parliament which should not be dissolved without consent of both Houses some say Duke Hamilton counselled him to it others say it was the Queen whoever it was it was his ruine for the Parliament now fearless of a dissolution began to act in an higher way then before being fortified with a strong guard of Souldiers whereof the Earl of Essex was Captain they without the Kings leave or knowledge appoint an extraordinary Assembly in the City that should mannage all weighty and great occurrences and to weaken his Majesty the more or rather to satisfie the insolence of the people they cast twelve Bishops into Prison because they went about to maintain their priviledge by the publick Charter The King moved with this accused five of the lower House and one of the upper House of high Treason their names were the Lord Viscount Mandevil Mr. Pym Mr. Hampden Sir Arthur Haslerig Mr. Hollis and Mr. Strowd This action of the Kings was by the Parliament adjudged a great breach of their Priviledges certainly it much encreased the differences between them and left scarce any possibility of reconcilement This small river of
of Mr. Lilburne was for differences betwixt the State and him Master Lilburne desired that Master Prideaux might be excepted against as his enemy one of the faction of the Court against his life Judge Keble told him that he spoke irrationally and indiscreetly he having so fair respect and so free a hearing to except against so great a Minister of the Court afterwards Judge Jermyn a sound Lawyer but a better forenoon then afternoons man said That since Master Lilburne begun to plant his Ordnance against the Authority of the Court that the Court did sit by a lawful Authority derived from the Parliament the supreme Authority of England that he was accused of High Treason had his Jury of Freemen of London Citizens men of religious integrity he instanced many cases to him concluding that he desired him to put himself upon his Tryal by Law and to hear with patience those offences of Treason were laid to his charge Master Lilburne notwithstanding continued to use several arguments against the Commission of Oyer and Terminer which he knew to be that by the virtue of which they did sit and since he was to be tryed for his life he desired to hear their Commission read but since they had denyed him that he desired all his friends to take notice how contrary to reason and equity they dealt with him Judge Keble urged him still not taking notice of his Traverses to hold up his hand at the Bar which he explained to him was no more but a special notice that the party is the man inquired for and therefore if he were John Lilburne the man that was charged he bid him but say that he was the man and that he was there and that should suffice Lilburne accordingly said I am John Lilburne Son to John Lilburne Judge Jermyn afterwards to perswade him to hold up his hand gave him two reasons why that custom had been alwayes used First for notice that those who are called for capital and criminal offences that they should hold up the hand to declare that they are the men Secondly he said that a pure innocent hand did set forth a clear and unspotted heart for which reason he bid Mr. Lilburne hold up his hand if he refused to do it he deprived himself of the prime benefit of the customs of England Master Lilburne still quibling with the Court and refusing Judge Keble gave order that the Indictment should be read to which purpose Master Broughten read Hold up your hand Master Lilburne and hearken to the charge thou standest indicted of High Treason by the name of John Lilburne late of London Gentleman for that thou art a false Traytor not having the fear of God before thy eyes but being stirred up and moved by the instigation of the Devil c. After he had read it out Master Broughton said What saist thou John Lilburne art thou guilty of this Treason of which thou standest indicted or not guilty Lilburne answered That by the Laws of England he was not to answer questions against or concerning himself Another Judge said Master Lilburne by the Laws of the Land you are to plead to your charge and it is no accusing of your self to say you are guilty or not guilty Master Lilburne instanced the Petition of Right to the former purpose he also excused himself as he was ignorant of the formalities of the Law having none of the Law Books in English and therefore fore them to take away his life in a Language he understood not was extream hard therefore he humbly desired to have Councel assigned him to consult with Judge Keble told him he could not grant him that favour it was not consistent with the Law Master Lilburne still refused to plead without Councel withal he said he was not guilty in any of the treasons in manner or form as they were laid down in the Indictment pointing to it and withal said Now I have pleaded and crave the Liberties of England that you will assign me counsel Master Boughton said By whom wilt thou be Tryed Lilburne replyed By the known Laws of England and a legal Jury of his equals constituted by Law One of the Clerks said you must say by God and your Countrey Master Lilburne said he never read in the Laws of England that he was to plead in that manner Judge Keble explained the word Countrey to him saying By it was meant a Jury of his equals Master Lilburne desired as he had bin a prisoner seven moneths deprived of Books that he might have a reasonable time allowed him to prepare himself for his Plea and Defence or else to knock him in the head in the place where he stood for he must needs be destroyed if they denyed him the means of his preservation After many of his evasions Judge Nichols told him that if he would not be lead by the proceedings of Law it would be worse for him Master Lilburne instanced the freedom of his Tryal at Oxford the Judges in effect told him that he was now at London on a different manner of fact He answered they might murther him if they would observing Master Prideaux the Atturney General whispering Judge Thorpe in the ear he said on the Bench It was not lawful for a Judge to be whispered To which Judge Thorpe replyed that as he was the prosecutor of the State against him he might confer privately with him Master Lilburne quoted to the contrary Cooks Institutes the third part Cap. Treason upon which Judge Keble took him up short and said that if he would not come to something and behave himself according to the bounds of Reason and Law he would cause his Jury to be returned Master Lilburne replyed that he desired to have the priviledge of the Laws of God which he said he himself must acknowledge to be the Law of England and he was sure that the Law of God was that they should do as they would be done by now he said it could not be by the Laws of God for his adversaries to have the helps of all manner of councels by snares quirks tricks and provocations to take away his life and for him to be denyed the benefit to consult with any to preserve himself against such potent malice Judge Jermyn answered the question was not whether the Law of God and the Law of reason and the Law of man may be consonant to each other and whether the Court or John Lilburne shall be Judges thereof that was the question Master Lilburne crying for all equity to himself but allowing the Court none Judge Keble said further that when a man had done such treasonable things that it was the Law of God that he should answer directly and positively whether he were guilty or no and if he answer not guilty and they be not fully proved against him there is no more to be said After some other trifling pro and con Master Lilburne compared the prerogative that he said the Judges made
pleaded first to my Indictment that you would not take exceptions nor advantage against me for my ignorance in the formalities of the Law I desire you to make good your promise now unto me and assign me Counsel to help my ignorance that so the Counsel against me and my Counsel may agree as I have seen it done hereofore in the case of Duke Hambleton upon the points of fact from which Law is to be deducted and if you please to grant me this legal and equitable favour I shall think my self very much obliged unto you without which justice I cannot conceive upon what ground it can be apprehended I can go on for my time and strength now it is so far spent that I conceive you cannot think my body is made of steel to stand here four or five hours together spending my spirits to answer so many as I have to deal with and be able after all this to stand to return an answer to above five hours charge and that upon life when it seems you will suffer me to mend no blots I hope you do not lie upon the catch to weary and tire me out by putting more upon me then a horse is able to endure and then go about to hang me because I through tiredness want bodily strength and abilities to make and pronounce my defence Sir to my apprehension there does arise upon the matter of fact divers disputes in Law I beseech you therefore allow me my right in Law by assigning me Counsel to help me where I am ignorant and you shall see I shall do that which shall become an ingenuous and rational man and I will put my self clearly upon the Trial of the Countrey or my Jury according to the Law The Lord Keble replyed Mr. Lilburne This that you have heard and that we have patiently sat to hear and prepared a stool for you to have sat upon to have given you that liberty that no body should interrupt you more then us you have heard the fair course that hath been taken in it The Books the charges upon the matter they are but three they are not hard for your memory The particulars of those we do not expect that the Jury should remember them the Books are here they have of them but amongst them there are many more but free your self from the matter of fact if you can and these Books and when you have freed your self from the matter of fact charged upon you and then make it appear that from the matter of Fact Law arises and then if you can when the matter of Fact is clear and Law doth arise you shall have Counsel and you shall have no defect in us to interrupt you but to help you in what we may properly know as our right to do but if you do not first clear and make out this which is the issue upon the point to answer the matter ouf Fact we cannot allow you any Counsel the thing that is to be disputed cannot possible be much on your side it will be but very short for it is not possible I say to be much in time or confusion of your memory to give an answer to this particular matter of Fact the first is the publishing of those Books and the owning of them and the next is the Books themselves But this must be first cleared before you can have any Counsel assigned you at all Now it was high time for Collonel John to pretend that he was tired out he requested the Court for a Chamber-pot which was granetd him afterwards he fell to it back and sides Sayes he Well seeing I must to it the will of God be done but his brother being next to him was heard to press him to pause a little more No brother saith he my work is done I will warrant you by the strength of God I will knock the nail upon the head and so he went into the Bar and set the Chair before him and laid his Law Books open upon it in order as he intended to use them and being ready said Sir I humbly crave the favour since it is my hard lot and fortune at least in my own apprehension to have so much hard measure and injustice as I have to know whether or no you will permit me after that I have pleaded to a matter of Fact according to the Law of England that has been allowed to the highest Traytors in all the Books that I have read of that I may speak in my own behalf unto the Jury my Countrey-men upon whose consciences integrity and honesty my life and the Lives and Liberties of the honest men of this Nation now lyes who are in Law Judges of Law as well as Fact and you onely the pronouncers of their Sentence Will and Minde I say I desire to know when I have pleaded to matter of Fact whether you will be pleased to give me leave to speak to them a few words besides Lord Keble Master Lilburne quietly express your self and you do well the Jury are Judges of matter of Fact altogether and Judge Cook sayes so but I tell you the opinion of the Court they are Judges of matter of Law Mr. Lilburne The Jury by Law are not onely Judges of Fact but of Law also and you that call your selves Judges of the Law are no more but Norman Intruders and indeed and in truth if the Jury please are no more but Ciphers to pronounce their Verdict Judge Jermyn replyed Was there ever such a damnable blasphemous heresie as this is to call the Judges of the Law Ciphers Sir I entreat you give me leave to read the words of the Law then for to the Jury I apply as my Judges both in the Law and Fact Sayes the Lord Keble We will not deny you a tittle of the Law Sayes Judge Jermyn Let all the hearers know the Jury ought to take notice of it that the Iudges that are sworn that are twelve in number they have ever been the Iudges of the Law from the first time that ever we can read or hear that Law was truly exprest in England and the Iury are onely Iudges whether such a thing were done or no they are onely Iudges of matter of Fact Mr. Lilburne sayes I deny it here 's your own Law to disprove you and therefore let not me but read it it is a hard case when a man is upon the Tryal of his life that you will not suffer him to read the Law to the Jury for his own defence he was sure they have caused to be read at large those Laws that made against him Lord Keble said But I shall pronounce to clear the righteousness of that Law whatsoever others will pretend against it that know it not Master Lilburne replyed Sir under favour I shall not trouble my self with any thing but what is pertinent to my present purpose here is the first part of Cooks Institutes it is owned by all the Lawyers that I
place in less then four hours time he destroyed them all to their inestimable detriment not sixty of his own men being lost But to return into England June the 20. 1657. the Protector with great pomp and magnificence was installed at Westminster the Parliament then sitting to which purpose at the upper end of Westminster Hall a rich Cloath of State was set up and under it a Chair of State placed upon an ascent of two degrees covered with Carpets and before it a Table with a Chair appointed for the Speaker of the Parliament and on each side of the Hall upon the said structure were Seats raised one above another and decently covered for the Members of Parliament and below them Seats on one side for the Judges of the Land and on the other side for the Aldermen of the City of London About two of the Clock in the afternoon the Protector met the Parliament in the Painted Chamber and passed such Bills as were presented to him after which they went in order to the place appointed in Westminster Hall the Protector standing under the Cloath of Estate the Lord Widdrington Speaker of the Parliament addrest himself to him in this Speech May it please your Highness You are now upon a great Theatre in a large Chore of people you have the Parliament of England Scotland and Ireland before you on your right hand my Lords the Judges and on your left hand the Lord Major Aldermen and Sheriffs of London the most noble and populous City of England The Parliament with the interposition of your sufferage makes Laws and the Judges and Governours of London are the great dispensers of those Laws to the people The occasion of this great convention and intercourse is to give an investiture to your Highness in that eminent place of Lord Protector a name you had before but it is now settled by the full and unanimous consent of the people of these three Nations assembled in Parliament you have no new name but a new date added to the old name the 16. of December is now changed to the 26. of June I am commanded by the Parliament to make oblation to your Highness of four things in order to this Inauguration The first is a Robe of Purple an Embleme of Magistracy and imports righteousness and justice when you have put on the vestment I may say and I hope without offence that you are a Gown man This Robe is of a mixt colour to shew the mixture of justice and mercy which are then most excellent when they are well tempered together Justice without Mercy is wormwood and bitterness and Mercy without Justice is of a too soft a temper for government for a Magistrate must have two hands Plectentem Amplectentem The next thing is a Bible a Book that contains the holy Scripture in which you have the honor and happiness to be well versed This is the Book of life consisting of two Testaments the old and new In the first we have Christum velatum Christ in Types Shadows and Figers in the latter we have Christum revelatum Christ revealed This Book carries in it the grounds of the true Christian Protestant Religion it s a Book of Books it contains in it both precepts and examples for good government Alexander so highly valued the Books of his Master Aristotle and other great Princes other books that they have laid them every night under their Pillows These are all but Legends and Romances to this one Book a Book to be had alwayes in remembrance I finde it said in a part of this Book which I shall desire to read and it is this Deut. 17. And it shall be when he sitteth upon the Throne of his Kingdom that he shall write a copy of this Law in a Book out of that wich is before the Priests and the Levites And it shall be with him and he shall read therein all the dayes of his life that he may learn to fear the Lord God and to keep all the words of his Law and those Statutes to do them That his heart be not lifted up above his Brethren and that he turn not aside from the Commandment to the right hand or to the left to the end he may prolong his dayes in his Kingdom he and his Children in the midst of Israel The next thing that I am to offer to your Higness is a Scepter not unlike a staff for you are to be a staff to the weak and poor it 's of ancient use in this kinde it 's said in Scripture in reference to Judah the Royal Tribe That the Scepter shall not depart from Judah It was of like use in other kingdoms and governments Homer the Prince of the Greek Poets calls Kings and Princes Scepter-bearers The last thing is a Sword not a Military but a Civil Sword a Sword rather for defence then offence not to defend your self onely but others also the Sword is an Embleme of Justice The noble Lord Talbot in Henry the Sixths time wrote upon his Sword Ego sum Talboti propter occidendum inimicos meos This Gallant Lord was a better Souldier then a Critick If I might presume to fix a Motto upon this Sword it should be this Ego sum Domini Protectoris ad protegendum populum meum I say this Sword is an Embleme of Justice and is to be used as King Solomon used his for the discovery of truth in the points of Justice I may say of this Sword as King David said of Goliah's Sword There is none like this Justice is the proper vertue of the Imperial Throne and by Justice the Thrones of Kings and Princes are established Justice is a Royal vertue which as one saith of it doth employ the other three Cardinal Vertues in her service 1. Wisdom to discern the nocent from the innocent 2. Fortitude to prosecute and execute 3. Temperance so to carry Justice that passion be no ingredient and that it be without confusion or precipitation You have given ample testimony in all these particulars so that this Sword in your hand will be a right Sword of Justice attended with Wisdom Fortitude and Temperance When you have all these together what a comely and glorious sight is it to behold A Lord Protector in a purple Robe with a Scepter in his hand a Sword of Justice girt about him and his eyes fixt upon the Bible Long may you prosperously enjoy them all to your own comfort and the comfort of the people of these three Nations The Speech being ended Master Speaker came from his Chair took the Robe and therewith vested the Protector being assisted therein by the Earl of Warwick the Lord Whitlock and others Which done the Bible was delivered him after that the Sword girt about him and last of all he had the Scepter delivered him These things being performed Master Speaker returned unto his Chair and admimistred him his Oath in haec verba I do in the presence and by the
name of God Almighty promise and swear that to the uttermost of my power I will uphold and maintain the true Reformed Protestant Christian Religion in the purity thereof as it is contained in the Holy Scriptures of the Old and New Testament to the uttermost of my power and understanding and encourage the Profession and Professours of the same and that to the utmost of my power I will endeavour as Chief Magistrate of these three Nations the maintenance and preservation of the Peace and Safety and just Rights and Priviledges of the People thereof and shall in all things according to our best knowledge and power govern the people of these three Nations according to Law These Ceremonies being performed a Herald of Arms by sound of Trumpet proclaimed him Lord Protectour of England Scotland Ireland and the Dominions thereto belonging hereupon the Trumpets sounded again and the people after the usual manner gave several acclamations with loud shouts crying God save the Lord Protectour His Higness had scarce accepted of these Honours but as if the ill affected would not let him breath yet another Plot is discovered Collonel Edward Sexby is said to have conspired against the Lord Protector for which he was committed to the Tower where having continued about half a year he died But to reflect a little back Mazarine that great Minister of State on which hinge all the grand Affairs of France turn perfects a Peace with England the Protector having no regard to those advantages that Spain might render him as to Commerce the places of Hostage which she proffered to put into his hands as Gravelin Dunkirk and others he was swayed with other Interest which he best understood himself to prefer an Alliance and League with France before all those advantages except his civillity induce't him which seldom had such power over him to look more lovingly upon France as the weakest at that time being abandoned by some of her Allies as quite disordered by an Intestine War in her own Bowels her Navigation totally ruined as the Pirates of Dunkirk had blockt up all her Sea Ports whereas the English scowred those Seas chast away the Pyrates and reduced the Mounsieur and Diego by their successes to their so likely advantageous peace Indeed as one writes it was a high generosity since the English caused the French to lose Graveling and Dunkirk to help France again to take those places In the mean space was not here rare bandying of Interests France having thus perfected a Peace with England they joyntly resolve to unite against the Spaniard hereupon Sir John Reynolds with six thousand Foot was sent into Picardy to joyn with the French Cavalry which compleated as gallant an Army as had been seen in France for many years together These joyntly besiege and take Mardike a strong Fort of the Spaniards in Flanders whereof Major General Morgan took possession for the English as the earnest of further Conquests which the Spaniards attempting for to regain were twice repulsed with very great loss But the joy of these Successes was mitigated by the death of Admiral Blake who as he got his Honour by the Sea died on it and that within sight of Plimouth He was a man who had deserved of his Countrey and might justly be stiled the Neptune thereof His Body was brought with a Naval pomp by water from Greenwich to Westminster being a suitable Ceremony to his employment and was there buried in Henry the Sevenths Chappel Upon whom an Ingenuous person bestowed this Epitaph Here lies a man made Spain and Holland shake Made France to tremble and the Turks to quake Thus he tame'd men but if a Lady stood In 's sight it rais'd a Palsie in his bloud Cupids Antagonist who in his life Had Fortune as familiar as a VVife A stiff hard Iron Souldier for he It seems had more of Mars then Mercury At Sea he thundered calm'd each raging wave And now he 's dead sent thundring to his Grave Soon after was St. Venant taken by the English the Lord Henry Cromwel made Deputy of Ireland Sir John Reynolds Collonel VVhite and some other Officers drowned upon Goodwin Sands as they were coming out of Flanders into England One writes that the subtilty of discovering of Plots though but in the Embrio or before they are hatcht in the time of peace is the most succinct way of letting of blood March 24. the last day of the year accounted for 1657. a great Conspiracy was again discovered in London several Regiments ' as was said being enrolled who on the first day of May in the night time should have set fire on several parts of the City and whilest the confusion and horrour thereof had seized all men they should have made a general masacre of all who opposed them Hereupon several persons were apprehended as Doctor Hewet Sir Henry Slingsby Collonel Asbton c. and a High Court of Justice erected for the tryal of them and first they began with Sir Henry Slingsby the Articles charged against them will in part discover themselves in their several speeches made just before their deaths In short they were both condemned Dr. Hewet professing himself to be ignorant of such Law though amongst the most learned Divines few of them were more knowing in the Gospel being taken in three defaults upon formalities of the Court was proceeded against as mute June 8. 1658. was the day appointed for their beheading Sir Henry Slingsby first mounting the stage spake in effect as followeth That he stood condemned by the Court of Justice as contriving and endeavouring to withdraw divers Officers of the Garrison of Kingston upon Hull from their duty and perswading them to a surrendring and yielding up of that Garrison and one that held correspondence with some beyond sea to that end That it was true he had conference upon that account with the Officers of that Garrison and that he gave Major Waterhouse a Commission signed Charles R. But that it was but an old one that had lain by him though he thought fit to make use of it to the Major Many passages he said there were which he would not insist on that some friends of his had made application to his Highness for the saving his of life but it seems it was thought fit not to be granted and therefore he submitted and was ready to dye c. Having uttered these and the like words he took off a Ring from his Bandstrings wherein instead of a Seal engraven was the Picture of the late King exactly done and giving it to a Gentleman that stood by him he said Pray give this to Harry Then he addrest himself to prayer wherein he continued some time taking leave of his friends he submitted his neck to the Block and had his head severed from his body at one blow by the Executioner This at one blow by the Executioner the Reader may observe hath been very often repeated in this Volume His Tragick Scene being
hath this worthy Princes fame been blasted by malicious traducers who like Shakespear in his Play of him render him dreadfully black in his actions a monster of nature rather then a man of admirable parts whose slanders having been examined by wise and moderate men they have onely found malice and ignorance to have been his greatest accusers persons who can onely lay suspition to his charge and suspition in Law is no more guilt then imagination as the divine Father Chrysostom faith A good man hardly suspecteth another to be evill but an evill man scarcely supposeth any to be good King Richard had three great Favourites as Princes are seldome without some and those according to the constant custom of the World must be envied Catesby Ratcliffe and Lovel King Richards own Arms being the Bore upon which one Collingborne of the West fancied this Libel which in those times was received for excellent Wit The Cat the Rat and Lovel the Dog Rule all England under a Hog But leaving such trifles to return to King Richard Henry Earl of Richmond ambitious of Sovereignty envying his prosperity practises with forreign Princes and confederates with the English Nobles for Assistance and Forces against King Richard The chief abettor in England he had on his side was the Duke of Buckingham one who had formerly constantly adhered to King Richards side but being by him denyed the Earldome of Hereford and Constableship of England grew discontented took up Arms was defeated and afterwards by Marshall Law put to death Yet did not this break the neck of Henries design but having by his fair deportment gained Force from the Duke of Brittain and some other Princes envious of the prosperity of the House of York Richmond puts forth to Sea and lands at Milford-Haven in Wales after some refreshing he marches to a Town called Haverford-West where the people who flocked to him in great number welcomed him as a Prince descended from their ancient Princes of Wales the people generally being very noble and loving to their Brittish Kindred Hither came to him with great Forces the Earl of Salop Sir Rice ap Thomas Sir Walter Herbert Sir John Savage Sir Gilbert Talbot and many others His Army thus strong and united he passes the Severne and marches to Leichfield King Richard hearing of his arrivall prepareth against him but though he thought the Nobility generally cemented to his side yet found he a general defluxion from them to the other side the Earl of Surrey the Earl of Westmerland Viscount Lovel and John Duke of Norfolk being the principall that stuck to him which last was much importuned to have fallen off from him the night before the Battel one writing this Rime upon his Gate Jack of Norfolk be not too bold For Dicken thy master is bought and sold But he regarding more his fidelity then any danger that could befall him doubles his care and diligence on the behalf of his Sovereign The Earl of Northumberland who had received great favours from the King and who had in his Name raised vaste Forces being sent for by him refused to come pretending for his disobedience certain dreams wherein he was forewarned by his Father for to fight on King Richards side But the greatest defection was in the Lord Stanley who notwithstanding he had left his Sonne George Stanley as a Pledge of his faith with the King yet revolted to the other side King Richard notwithstanding all these disadvantages having encouraged his Army gives Richmond a Battle where valiantly fighting after he had with his own hands slain Sir Charls Brandon the Earls Standard-bearer and unhorsed Sir John Cheny and shewed himself a most Heroick Person being over-powered with multitude he was slain on the place With him died the Duke of Norfolk the Earl of Surrey was taken Prisoner and the whole Army quite defeated This Battle was fought at a Village called Bosworth near to Leicester The Victor was crowned in the Field by Sir VVilliam Stanley with King Richards Crown which he as a valiant and confident Master of his right had worn that day King Richards dead body after it was most barbarously mangled and wounded was thrown behinde one upon a lean Jade and so conveyed to Leicester where at last it obtained a bed of earth honourably appointed by the order of King Henry the Seventh in the chief Church of Leicester called Saint Maries belonging to the Order and Society of Grey Friers the King in short time after causing a fair Tomb of mingled colour'd Marble adorned with his Statue to be erected thereupon And notwithstanding the times were such when this great Prince lived that he had scarcely time to sheath his sword yet left he behinde him many Monuments of his Piety He founded a Collegiate Church of Priests in Middleham in Yorkshire another Colledge of Priests in London in Tower-street near to the Church called our Lady Barking he built a Church or Chappel in Towton in Glocestershire he founded a Colledge in York convenient for the entertainment of an hundred Priests he built the high stone Tower at Westminster and when he had repaired and fortified the Castle of Carlile he founded and built the Castle of Perrith in Cumberland He began many other good Works which his sudden fatt prevented as Polidor Virgil witnesseth which Works and Monuments of Piety shew not the Acts of a Tyrant I shall end all with this Eulogy which a learned Writer gives him King Richard was a stout valiant person ever indulgent to his People careful to have their Laws duly observed his making so many good ones if they signified not some goodness in himself were evident arguments of his more then ordinary love to Law and Justice The Life of THOMAS HOWARD Earl of SURREY THomas Howard Earl of Surrey in his time the Ornament of Mars and the Muses was Son to Sir John Howard Knight first made Barron by King Edward the Fourth and afterwards Duke of Norfolk by King Richard the Third in whose quarrel he was slain This noble Earl his Son having been well educated and afterwards trained up in Court his Martial minde hating those silken pleasures admired of Courtiers he with divers other young Gentlemen went over to Charles Duke of Burgundy who then had Wars with Lewis King of France in whose quarrel he behaved himself so gallantly that he won the honour and reputation of a most expert Commander At his return King Edward for his valour bestowed on him the Order of Knighthood to whose side he constantly adhered in that great difference betwixt him and the House of Lancaster That quarrel being ended by the overthrow of VVarwick he afterwards did excellent service in the Wars betwixt him and Lewis the French King King Edward being dead and the Crown by joynt consent both of Peers and People placed on King Richards head and after confirmed by Act of Parliament he with his Father the Duke of Norfolk held firm to his side notwithstanding the many
freer access unto the Princes Court then to any others of the same profession and so by consequence to the presence of the Queen her self who did not think much to enter into discourse with him apart and with much familiarity as often as there was offered any opportunity not onely in reference to his Profession and about matters of Law but also about the weighty affairs of State and the concernments of the kingdom and at all times he gave her such judicious answers that she received great satisfaction by them But though she abundantly cherisht him with the favour of her countenance yet never with the favour of a bountiful hand as never having advanc't him to any publick office either of honor or profit excepting onely one dry reversion of a Registers Office in the Star-Chamber computed at the yearly value of 1600. pound into the possession of which he came not till about twenty years after or thereabout of which office his Lordship said pleasantly in Queen Elizabeths time That it was like another mans Farm bordering upon his own house and so might help his prospect but not fill his Barn But in King James his Reign he at length enjoy'd that office and manag'd it by a deputy Now that he was not sooner preferr'd cannot be any way attributed to the least aversion or displeasure that the Queen had in her minde against him but to the fraud and envy of some one of the Noble men at that time powerful with the Queen who sought by all means possible to depress and hinder him lest if he should be advanced to any heighth of honour his own glory should be eclipsed by him However though in the time of his Mistris Queen Elizabeth his merited promotion was still forestalled or kept back yet after the change of Government and the coming in of his new master King James he with a quickned pace soon made a large progress being by this King eminently enobled with places of trust honour anst great revenues I have seen some letters written with his own hand to King James in which he acknowledgeth him to have been so good a master to him as to have nine times conferred upon him his iterated favours thrice titles of great honour six times offices of profit the Offices he means I suppose were these he being Councel extraordinary to his Majesty in which place he had formerly served the Queen the Kings Sollitour General the Kings Atturney General or principal Procurator made one of the Kings Privy Council while yet he held the place of Atturney General Lord Keeper of the great Seal of England lastly Lord Chancellour of England Which two last Offices although they are the same in Authority and Power yet in their Patent degree of honour and favour of the Prince they differ and since the time of his holding that Magistracy none of his successours hath been honoured with that title unto this day His honours were first his being Knighted by the King then he was created Baron Verulam lastly Viscount of St. Albons besides other rich gifts and extentions of a bountiful hand which his Majesty was pleased to bestow upon him as well out of the profits of the great Seal as out of the Office of Alienation When he had arrived to that part of his age in which fortune smiled upon him he began to think of marrying and at length took to Wife Alice the Daughter and one of the Heirs of Bennet Bernham Esquire and Alderman of London with whom he received a very considerable Dowry as well in Land as in ready money children he had none by her but for as much as children conduce very much to the perpetuating our names after death he was not altogether destitute of that advantage since it was his hap to be blest with an other kinde of Off-spring for the perpetuation of his memory to after times namely the Off spring of his brain in which he was alwayes wonderfully happy like Jove himself when he was delivered of Pallace Nor did this want of children in the least measure abate his affection to his Wife toward whom he behav'd himself as an indulgent Husband and shewed her all manner of conjugal love and respect bestowing upon her rich Furniture precious Jewels and likewise settled upon her a fair Joynture nor is it to be omitted in honourable remembrance of him that she wore a rich Wedding Gown which he had bestowed upon her about twenty years after his death for so long she surviv'd her most honoured Husband The last five years of his life retiring himself from Court-Affairs and all kinde of busie employments he bent himself wholly to study and contemplation which kinde of life seem'd indeed to be most pleasing to him as if he would have chosen by his good will to dwell rather in the shade then in the sun-shine Of which also we may find some not obscure intimations in the reading of his Works in which space of time he wrote the greatest part of his Books as well those that were written in English as in Latin which according to the order of time that they were written in I who was present all the while and observ'd shall endeavour to reckon up and they were these following The History of the Reign of Henry the Seventh King of England written in English The Abecedary of Nature a Metaphysical tractate which I know not by what evil fate perisht The History of the Windes The History of Life and Death The History of Dense and Rare never till now in Print The History of Heavy and Light which also is lost These Books were composed in the Latin tongue Next were certain English Fragments as namely these A Discourse concerning the carrying on of a War with Spain A Diologue concerning the Holy War The-Fable of new Atlantis A Preface to be plac't before the body of the Laws of England The beginning of the History of Henry the Eighth King of England Between some of these came that learned work of his call'd The Advancement of Learning in the Translating of which a thing undertaken of his own accord out of his native Tongue into the Latine our most honour'd Author took very great pains and from time to time inricht it with many and various additions After these came his Councels Civil and Moral formerly call'd Essays augmented both as to their number and weight in the English tongue Some of Davids Psalms Composed into English Verse Moreover divers of his Works already mention'd he converted out of English into Latin which were these The History of the Reign of Henry the Seventh King of England His Counsels Civil and Moral call'd Faithful sayings or the Inward sense of things The Diologue of the Holy War and the Fable of New Atlantis these he translated in favour of Forreigners by whom he heard they were desired Other Books that he writ originally in Latin were his book of the Wisdom of the Ancients review'd by himself The last
by him for a constant Memorial The Life of GEORGE VILLERS Duke of Buckingham TAll Cedars are shaken with the wind when the humble shrub rests secure Envy strikes not at the lowly person her aim is evermore at the tallest How vain then is that man who enjoying the quiet of a retired life ambitiously hunts after honour How few Favorites go to the grave in peace Histories make mention and this Age can testify this truth will be too sadly instanced in the late Lord Duke of Buckingham who from the mean estate of a private Gentleman being raised to the highest pitch of honour a subject could be capable of came at last to an untimely end His first rise began at the Earl of Somersets fall one upon whom King James had heaped many great favours for from the degree of a Knight he was first made Viscount Rochester next sworn a Privy Councellour then created Earl of Somerset and last of all made Lord Chamberlane But this serene Sky of favour was soon over-shadowed with Clouds by the Earls undeserving for having married the Lady Frances Howard Daughter to Thomas Earl of Suffolk and not long before divorced from the Earl of Essex the unfortunate Knight Sir Thomas Overbury for speaking against the match was by their procurement committed to the Tower and not long after poysoned as I have more at large treated of in his Life for which fact both the Lady and Earl were arraigned and condemned yet through the Kings great clemency had their lives spared but were for ever banisht his presence This great Favorite being thus disgusted King James who would not long be without an alter idem or Bosom-friend took into special regard as I have intimated Master George Villers a Gentleman of a good extraction but a younger Brother and finding him susceptible and of good form moulded him Platonically to his own Idea And that he might be a fit companion for a King raised him in honour next to himself yet not all at once but by degrees making him first a Knight and Gentleman of his Bed-chamber soon after a Viscount and Master of the Horse a while after erected Earl of Buckingham then Marquess of Buckingham and made Lord Admiral King James having thus hardened and pollished him about ten years in the School of observance for so a Court is and in the furnace of tryal about himself for he was a King that could peruse men as well as books he made him the Associate of his Heir Apparent together with the Lord Cottington an adjunct of singular experience and trust in forreign travel and in a business of love and of no equal hazard enough to kindle affection even between the distantest conditions so as by various and inward conversation abroad besides that before and after at home with the most constant and best natured Prince bana si sua nocint that ever any Nation enjoyed this Duke which last title was conferred on him in Spain now becomes seized of reiterated favour as it were by descent though the condition of that state commonly be no more then a tenancy at will or at most for the life of the first Lord and rarely transmitted it being a kinde of wonder to see favour hereditary yet in him it proved far otherwise as one writes The King loves you you him both love the same You love the King he you both Buck-in-game Of sport the King loves game of game the Buck Of all men you why you why see your luck And although it be ever the perpetual lot of those who are of choicest admission into Princes favours to feel as strong stroaks of envy and ill will from beneath as they do beams of grace and favour from above the Princes love procuring the peoples hate this Duke contrarily found their affection so great towards him that in open Parliament the generality honoured him with no lesser acclamation then the preserver of his Countrey But what odde turns are in the passions of men and how little time continue their affections may appear in this those very men in a Parliament holden the first year of King Charles accusing him as the onely cause of all bad events which happened in the Common-Wealth drew up a charge of thirteen Articles against him the Prologue whereof expressing the prodigious greatness of this Duke the influence of whose power this ensuing Letter of Sir Henry Wottons doth sufficiently express My most noble Lord When like that impotent man in the Gospel I had lain long by the Pools side while many were healed and none would throw me in it pleased your Lordship first of all to pitty my infirmities and to put me into some hope of subsisting hereafter therefore I most justly and humbly acknowledge all my ability and reputation from your favour you have given me incouragement you have valued my poor indeavours with the King you have redeemed me from ridiculousness who have served so long without any mark of favour by which arguments being already and ever bound to be yours till either life or honesty shall leave me I am the bolder to beseech your Lordship to perfect your own work and to draw his Majesty to the settling of some things that depend betwixt Sir Julius Caesar and me in that reasonable form which I humbly present to your Lordship by my Nephew likewise your obliged servant being my self by a late indisposition confined to my Chamber but in all estates such as I am Your Lordships Henry Wootton But to return where I left to the preface of his Titles as I finde them copied in the Parliaments Declaration against him For the speedy redress of the great evils and mischiefs and of the chief causes of those great evils and mischiefs which this Kingdom of England now grievously suffereth and of late years hath suffered and to the honour and fafety of our Sovereign Lord the King and of his Crown and Dignities and to the good and welfare of his People the Commons in this present Parliament by the authority of our said Sovereign Lord the King assembled do by this their Bill shew and declare against George Duke Marquess and Earl of Buckingham Earl of Coventry Viscount Villers Barron of Whaddon Great Admiral of the Kingdoms of England and Ireland and of the Principality of Wales and of the Dominions and Islands of the same of the Town of Calais and of the Marches of the same and of Normandy Gascoigne and Guyen General Governour of the Seas and ships of the said Kingdoms Lieutenant General Admiral Captain General and Governour of his Majesties Royal Fleet and Army lately set forth Master of the Horses of our Sovereign Lord the King Lord Warden Chancellour and Admiral of the Cinque-Ports and of the members thereof Constable of Dover Castle Justice in Eyre of all Forrests and Chases on this side Trent Constable of the Castle of Windsor Lieutenant of Middlesex and Buckinghamshire Steward and Bayliff of Westminster Gentleman of his Majesties
Bed-chamber and one of his Majesties Honourable Privy Councel in his Realms both of England Scotland and Ireland and Knight of the most noble Order of the Garter The same Parliament likewise was the Duke accused of High Treason by the Earl of Bristol and the Earl of Bristol in like manner accused of High Treason by the Duke the Factions of both sides were passing jocund at this contest observing That whilest between these Grandees mutual malice brake out truth came to her own But that Parliament being broke up abruptly the people were frustrated of their expectations To recover the Dukes reputation which seem'd eclipsed by this charge of High Treason a Navy being made ready for the relief of Rochel the Duke was made Commander both by Sea and Land who endeavouring by his Atchievements to remove all cause of calumny against him by the ill successe of that enterprize more exasperated the hatred of the people The cause of this expedition that we may relate things in order to truth was as followeth The French King during the Treaty of Marriage between England and France pretending a Martial design against Italy and the Valtoline obtained of King James the Loan of the Vant-guard a parcel of the Navy Royal and with the owners consent of six Merchants Ships more but a rumour being spread that those ships were intended against Rochel then revolted from him an express caution was put in to the contrary But before those ships set out King James died and the French King and the Rochellers by the mediation of King Charles came to an accord but no sooner was the French Army advanced for Italy but the Rochellers upon pretence that the King had not kept touch with them in slighting Fort Lewis under the leading of Subize surprize the Isle of Rhee surprize many ships in the Harbour and bad fair for the taking of Fort Lewis had not the Duke of Vendosme posted thither with relief The French King nettled at this insolency began to raise an Army sets forth all the ships he could procure obtained naval aid of the Dutch and demanded of Captain Pennington the delivery of the English ships agreeable to his Masters promise Pennington refuses to deliver any till a further signification of his Majesties pleasure but King Charles rather willing to submit to the hazard of Lewis his breach of faith then to the blame of receding from his own promise returned answer That his will was that he should consign up his own and the six Merchants ships to the service of his Brother With these Forces he quickly undoeth what Subize had done forceth him from his strength reprizeth many of his ships and so impetuously chaseth him as he with much difficulty escaped to the Isle of Oleron King Charles discontented for the misimployment of his ships sent an expostulatory message to his Brother demanding the cause of this violation of his Royal Parole and withal requiring the restitution of his ships Lewis returneth answer That the Rochellers had first temerated and slighted their faith with him and that necessity enforced him to use all means to impede the progress of so great disloyalty which he could not well do without the aid of the English Ships his own Fleet being upon other service And for the restitution of those ships he replyed That his Subjects by whom they were mann'd held them contrary to his minde and therefore wisht him to come by them as he could This answer nothing pleased King Charles other discontents also arising and Rochel being close beleagured by the Duke of Guise a Navy was made ready whereof the Duke was made Admiral as you have heard June the 27. the year of our Lord 1627. he set sail from Portsmouth with about 6000. Horse and Foot their design was intended against Fort Lewis upon the Continent near Rochel but upon a false information that the Duke D' Angoulesm was there with fifteen thousand men whereas indeed he had but three thousand Foot and two hundred Horse they altered their determination and instantly directed their course towards the Isle of Rhee July the 30. early in the morning they shewed themselves upon the Islands of Oleron to the number of about twenty Sail being at first supposed to be Dunkerks waiting the motion of the Hollanders then in the road but upon their nearer approaches toward the Isle of Rhee and that the Hollanders took no Alarm they were then suspected to be English At a certain Fort called De la Pree they landed to the number of 1200. whom to oppose Sieur de Toiras Governour of the Cittadel of Saint Martins with the like number encountred the Fight continued fierce and doubtful On the English side were slain Sir William Heyden and Sieur de Blancard a French-man Agent from the Duke of Rohan and the Protestants Of the French the Governours Brother and the Barron of Chuntal of common Souldiers on both sides about nine hundred whereof the French bare the greater share and now having tryed a taste of each others valour the French retire to their Garrison and the English to their Ships Three dayes together both sides lay quiet as if they had spent their whole stock of valour at once or sworn a truce on both sides at length the Duke went on shore again intrenching himself until he had debarqued all his Horse and receiving a recruit from Rochel of 500. Foot marcheth directly towards St. Martins Fort. Upon his approach the Islanders abandoned the Town and fled into the Castle so that the Duke being now possessed of the one thought it would not be long ere the other was his but those who reckon without their host we say must reckon twice two moneths together the Duke encamped before this Fort during which time Toiras the Governour had hired a French man to have stabbed the Duke who being taken by the English confessed his intentions But what detriment the French could not do the English by treachery they performed otherwise that gallant Gentleman Sir John Burroughs being slain with a Musquet shot from the Castle as he was viewing the English Works whose body was after honourably enterred at Westminster At length the Castle was reduced to a condition of yielding when in the very nick of necessity Mounsier Balin at an high flood in the dead of night conveyed in twelve Pinnaces laden with Provision which so cheared their drooping spirits that they resolved to stand it out resolutely which accordingly they did till at last they were relieved by the Marshal of Schomberg who with four thousand Foot and two hundred Horse landed at Fort de la Pree and undiscovered marched up to the view of the Fort and of the English The Duke alarm'd at this sudden apparition fearing to be charged front and rear resolved to rise and be gone the French upon their retreat came up to the very tail of their rear hallowing to them in a Bravado whereupon the English were drawn up in Battalia but the
Religion then the Ceremonies of it did publickly refuse it From hence proceeded Tragedies Tumults War and Invasion for upon the first reading thereof the people were so violent against it that the Dean and Bishop of Edenburgh hardly escaped with life nor were they onely the rascal multitude that thus opposed it but many of the Noblemen Barons and Gentlemen amongst whom the chief were the Earl of Hume and the Lord Lindsey To appease these disorders the King sent down the Marquess Hamilton in the quality of an high Commissioner impowring him with a Commission to use the utmost of his interest and power for the settling of peace but whether as some write he dealt deceitfully in aspiring to the Crown himself or no I judge uncertain but most certain it is that after his coming the differences encreased far greater then before and no question but it had become far better for the King had this Marquess been either a more close friend or an opener enemy The King being at home in no good condition used all means he could to pacifie his enemies abroad not onely winking at many of the foul disorders of the Scots but also yielded unto them in their desires for many things which nevertheless allayed not their spirits but rather encouraged them to proceed as they had begun For as Cleaveland hath it Nor Gold nor Acts of Grace 't is steel must tame The stubborn Scot a Prince that would reclaim Rebels by yielding doth like him or worse Who saddled his own back to save his horse Hamilton being returned into England the Scots began might and main to levy Souldiers to impose Taxes to raise Fortifications to block up some and seize others of the Kings Castles and to prepare for War The King not to be behinde hand with the Scots it being no good policy in War to strain courtesie who should begin first raised a considerable power to the maintenance whereof many of the Nobility contributed largely especially the Bishops it being for the preservation of their own Hierarchy March 27. the Army began to march the Earl of Arundel commanding in Chief but all the preparation both of one side and the other proved onely an interview of two Armies nothing being acted considerable in the way of engagement for after a few dayes attendance upon each other a Pacification was concluded upon distributed into these Articles On the Kings Part. 1. His Majesty to confirme what his Commissioner promised in his name 2. That a general Assembly be indicted to be kept at Edenburgh August 6. 3. That command be given for a Parliament to be holden at Edenburgh August the 20. 4. That he recal all his Forces by Land or Sea and restore all Ships and Goods arrested and detained since the pretended Assembly at Glasgow upon the Covenanters disarming and disbanding of their Forces dissolving their Tables and restoring to the King all his Castles Forts and Ammunition and releasing all the Persons Lands and Goods then under restraint or detained since the pretended Assembly of Glasgow This his Majesty to do by Declaration On the Scots Part. 1. The Forces of Scotland to be disbanded within eight and forty hours after publication of the Kings Declaration 2. They to render up after the said publication all Castles Forts Ammunition of all sorts so soon as the King shall send to receive them 3. They to hold no meetings treatings nor consultations but such as are warranted by act of Parliament 4. They to desist from all fortifications and those to be remitted to the Kings pleasure 5. They to restore to all the Kings Subjects their Liberties Lands Houses Goods and Means taken or detained from them since the first of February last This Pacification being solemnly ratified on both sides the King well hoped a general peace would ensue but what ever the Scots pretended the sequel shewed they intended nothing less for they still kept their Officers in constant Pay they did not slight their fortification at Leith they still continued their Meetings and Consultations they still disquieted molested and frighted all of different inclinations and which was worst of all they dispersed a scandalous Libel entituled Some conditions of his Majesties Treaty with his Subjects of Scotland before the English Nobility are set down here for remembrance Which Book tending to the defamation of his Majesty and disavowed by the Commissioners then present at the Treaty was by the command of the Council burnt by the common Hangman The King who intended to stay till the General Assembly was met seeing matters remain in this doubtful posture returned into England leaving the Earl of Traquair his Commissioner August the 6 the Assembly met at Edenburgh wherein Episcopacy the five Articles of Perth the High Commission the Liturgy and Book of Canons were abolished the Earl of Traquiar assenting thereunto The Assembly being ended the Parliament began who instead of reforming Abuses fell upon new moddelling the Government forming an Act Recissory whereby former Acts concerning the Judicatory of the Exchequer concerning Proxies and concerning confirmation of Ward Lands should be nulled Which being signified to the King he by his Commissioner the Earl of Traquair prorogued the Parliament until the 2. of June next These actings of the Scots warping altogether towards War were much forwarded by an accident November 19. it happened a great part of the walls of the Castle of Edenburgh with the Cannons mounted fell to the ground this being the Anniversary night of the Kings Birth-day was construed in the Grammar of Superstition an ominous presage of the ruine of the Kings design The King appointed the Lord Estrich Colonel Ruthen and the Governour of the Castle to take order for the re-edification of what was lapsed but the Scots would not suffer any materials to be carried in for reparation This Indignity the King concludeth intollerable and thereupon resolveth to relieve himself by force to this end a private Juncto is selected for the close carrying on of the design wherein it was agreed his Majesty should call a Parliament to assemble April the 13. next The King approved well of their Councel but withal said My Lords the Parliament cannot suddenly convene and the subsidies they grant will be so long in levying as in the interim I may be ruin'd therefore some speedy course must be thought upon for supplies The Lords willing to forward the business told him they would engage their own credits and the Lord Deputy of Ireland giving the onset subscribed for twenty thousand pound the other Lords writing after his Copy subscribed conformable to their Estates the Judges also contributed largely as also the Recusants who are ever sure to undergo the lash yielded according to their abilities From which Loyalty of theirs to his Majesty the more envious and schismatical sort of people gave out that the King was in his heart a Papist I have thought it my duty to insert in Latin and in English his Majesties Declaration
to all Forreign Churches concerning his sincerity in the true Protestant Religion Declaratio serenissimi potentissimique Principis Caroli magnae Britanniae Regis ultramarinis Protestantium Ecclesiis transmissa Carolus singulari Omnipotentis Dei providentia Angliae Scotiae Franciae Hiberniae Rex fidei Defensor c. universis singulis qui praesens hos Scriptum seu Protestationem inspexerint potissimum reformatae Religionis cultoribus cujuscunque sint gentis gradus aut conditionis salutem Cum ad aures nostras non ita pridem fama pervenerit sixistros quosdam Rumores Literasque politica vel perniciosa potius quorundam industria sparsas esse nonnullis Protestantium Ecclesiis in exteris partibus emissas nobis esse animum consilium ab illa Orthodexi Religione quam ab incunabilis émbibimus ad hoc usque momentum per integrum vitae nostrae curriculum amplexi sumus recedendi Papismum in haec Regnaiterum introducendi quae conjectura seu nefanda potius calumnia nullo prorsus nixa vel imaginabili fundamento horrendos hosce tumultus rabiem plusquam belluinam in Anglia suscitavit sub larva cujusdam Chymericae Reformationis Regimini Legibusque hujus Domini non solum incongruae sed incompatibilis Volumus ut toti Christiano Orbi innotescat ne minimam quidem animum nostrum invasisse cogitatiunculam hoc aggrediendi aut transversum unguem ab illa Religione discedendi quam cum Coronâ Sceptroque hujus Regni solenni sacramentali juramento tenemur profiteri protegere propugnare Nec tantum constantissima nostra praxis quotidiana in exercitiis praefatae Religionis praesentia cum crebris in facie nostrorum Agminum asseverationibus publicisque Procerum hujus Regni testimoniis sedula in Regiam nostram sobolem educando circumspectione omissis plurimis aliis argumentis luculentissime hoc demonstrat sed etiam foelicissimum illud matrimonium quod inter nostram primogenitam et illustrissimum Principem Auriacum sponte contraximus idem fortissime attestatur quo nuptiali foedere insuper constat nobis non esse propositum illam profiteri solummodo sed expandere corroborare quantum in nobis situm est Hanc Sacrosanctam Anglicanae Christi Ecclesiae Religionem tot Theologorum Convocationibus sancitam tot Comitiorum Edictis confirmatam tot Regies Diplomatibus stabilitam unà cum Regimine Ecclesiastico Liturgia ei annexa quam Litergiam Regimenque celebriores Protestantium Authoxes tam Germani quam Galli tam Dani quam Helvetici tam Batavi quam Bohemi multis Elogiis nec sine quadam invidia in suis publicis scriptis comprobant applaudunt ut in transactionibus Dordrechtanae Synodi cui nonnulli nostrorum Praesulum quorum dignitati debita praestita fuerit Reverentia interfuerunt apparet Istam inquimus Religionem quam Regius noster Pater beatissimae memoriae in illa celeberrima fidei suae Confessione omnibus Christianis Principibus ut haec praesens nostra protestatio exhibita publicè asserit Istam istam Religionem solenniter protestamur nos integram sartam tectam invoilabilem conservaturos pro virili nostro Divino adjuvante Numine usque ad extremum vitae nostrae periodum protecturos omnibus nostris Ecclesiasticis pro muneris nostri supradicti sacrosancti Juramenti ratione doceri praedicari curaturos Quapropter injungimus in mandatis damus omnibus Ministris nostris in exteris partibus tam Legatis quam Residentibus Agentibusque Nunciis reliquisque nostris subditis ubicunque Orbis Christiani terrarum aut curiositatis aut commercii gratia degentibus hanc solennem synceram nostram protestationem quandocunque sese obtulerit loci temperis opportunitas communicare asserere asseverare Datum in Academia Civitate nostra Oxon. pridie Idus Maii 1644. The same in English Charles by the Providence of Almighty God King of England Scotland France and Ireland Defender of the Faith c. To all those who profess the true Reformed Protestant Religion of what Nation Degree and Condition soever they be to whom this present Declaration shall come Greeting Whereas we are given to understand that many false rumours and scandalous Letters are spread up and down amongst the Reformed Churches in Forreign parts by the politick or rather the pernicious industry of some ill-affected persons that we have an inclination to recede from that Orthodox Religion which we were born baptized and bred in and which we have firmly professed and practised through the whole course of our life to this moment and that we intend to give way to the Introduction and publick exercise of Popery again in our Dominions Which conjecture or rather most detestable calumny being grounded upon no imaginable foundation hath raised these horrid Tumults and more then barbarous Wars throughout this flourishing Island under pretext of a kinde of Reformation which would not prove onely incongruous but incompatible with the Fundamental Laws and Government of this Kingdom We desire that the whole Christian World should take notice and rest assured that we never entertained in our imagination the least thought to attempt such a thing or to depart a jot from that holy Religion which when we received the Crown and Scepter of this Kingdom we took a most solemn Sacramental Oath to profess and protect Nor doth our most constant practice and daily visible presence in the exercise of this sole Religion with so many Asseverations in the head of our Armies and the publick Attestation of our Barons with the circumspection used in the education of our Royal Off-spring besides divers other undeniable Arguments onely demonstrate this but also that happy Alliance of Marriage we contracted betwixt our eldest Daughter and the Illustrious Prince of Orange most clearly confirms the reality of our Intentions herein by which Nuptial engagement it appears further that our endeavours are not onely to make a bare profession thereof in our own Dominions but to enlarge and corroborate it abroad as much as lieth in our power This most holy Religion of the Church of England ordained by so many Convocations of Learned Divines confirmed by so many Acts of Parliament and strengthned by so many Royal Proclamations together with the Ecclesiastick Discipline and Liturgy thereunto appertaining which Liturgy and Discipline the most eminent of Protestant Authors as well Germans as French as well Danes as Swedes and Switzers as well Belgians as Bohemians do with many Elogies and not without a kinde of envy approve and applaud in their publick writings particularly in the Transactions of the Synod of Dort wherein besides other or our Divines who afterwards were Prelates one of our Bishops assisted to whose Dignity all due Reverence and Precedency was given This Religion we say which our Royal Father of blessed memory doth publickly assert in that this famous Confession addressed as we also do this our Protestation to all Christian
Discord being now grown a Sea of Dissention the King and Queen poste to Hampton Court yet before he went that he might clearly demonstrate his real intentions to compose all differences he consented to the Petition of the Parliament to exclude the Bishops out of the House an act very prejudicial to himself for by this means the scale of Votes in the upper House which oft had turned to his advantage did by this diminution encline most commonly the other way Having staid about a moneth at Hampton Court the Queen went into Holland to accompany her Daughter Mary who was lately married to the young Prince of Orange The King the Prince the Palsgrave the Duke of Richmond and some other of the Nobility went down into the North intending to seize on the Magazine at Hull but the Parliament had before sent down one of their own Members Sir John Hotham who from the Walls denyed his Majesty entrance the King complaineth hereof to the Parliament but they justifie his Act yet what grains of affection towards his Majesty were wanting in Hull were found superabundant in the City of York who with the Counties adjacent declare unanimously for his Majesty Encouraged here with August 22. 1642. he sets up his Standard at Nottingham The Parliament in the mean time raised a considerable Army whereof the Earl of Essex commanded in chief And now were the gates of Janus unlocked and stern Mars released out of prison the seldom heard Drum rattled in every corner and the scarce known Trumpet sounded in every street now Factions banded Nick-names were invented Oaths framed and amongst the rest the Covenant obtruded against which his Majesty publisht this following Proclamation His Majesties Proclamation forbidding the tendring or taking of the late Covenant called A Solemn League and Covenant for Reformation c. Whereas there is a printed Paper entituled A Solemn League and Covenant for Reformation and defence of Religion the honour and happiness of the King and the peace and safety of the three Kingdoms of England Scotland and Ireland pretended to be ordered by the Commons in Parliament on the one and twentieth day of September last to be printed and published which Covenant though it seems to make specious expressions of Piety and Religion is in truth nothing else but a trayterous and seditious Combination against us and against the established Religion and Laws of this Kingdom in pursuance of a trayterous design and endeavour to bring in Forreign Forces to invade this Kingdom We do therefore straitly charge and command all our loving Subjects of what degree or quality soever upon their Allegiance that they presume not to take the said seditious and trayterous Covenant And we do likewise hereby forbid and inhibit all our Subjects to impose administer or tender the said Covenant as they and every of them will answer the contrary at their utmost and extreamest perils Given at our Court at Oxon the 9. day of October in the nineteenth year of our Reign Hitherto have we beheld England like a curious Garden flourishing with all the choicest flowers both for scent and colour that ever Flora watred with pearly drops or Titans radiant beams gave birth unto whose flourishing branches adorn'd with Turtles twinn'd in chaste embraces as if they simpathized of each others peaceful and fruitful vertues that Nature her self was enamour'd to walk into the twined Meanders of her curious Mazes here might you see the Princely Rose the King of Flowers so full of fragrancy that for its smell and colour it was the envy of all the world there might you see the Lilly Queen of Flowers there might you see the Olive Plants the Royal Progeny placed round about a table where Kings and Queens had used to feast the Nobility and Gentry emulating each other to excell in sweetness But now alas with our late discords the Scene is so altered that this curious Garden hath been over-run with Weeds I mean the miseries which followed upon these dissentions For as one writes the War went on with horrid rage in many places at one time and the fire once kindled cast forth through every corner of the Land not onely sparks but devouring flames insomuch as the Kindom of England was divided into more Battles then Counties nor had she more Fields then Skirmishes nor Cities then Sieges almost all her Palaces of Lords and great Houses being turned every where into Garrisons they fought at once by Sea and Land and through all England who could but lament the miseries of his Countrey sad spectacles were of plundering and firing Villages and the Fields otherwise waste and desolate rich onely and terribly glorious in Camps and Armies The Kings side at first prospered exceedingly the Earl of New Castle his General in the North overthrowing the Lord Fairfax and driving him into Hull in the West Sir William Waller a Parliament Chieftain was utterly defeated by the Lord Wilmot who came from Oxford with an Army of the Kings and having lost all his Army made haste to London and such as the fortune of the Field was was the condition of Towns and Garrisons for immediately after Wallers defeat the two greatest Cities of all the West were yielded up Bristol to Prince Rupert and Excester to Prince Maurice So that now the King was master of all the West save onely Glocester which he besieged with a Royal Army Essex himself the great General at the same time his Army decreasing suddenly some dying of sickness others for want forsaking their Colours was constrained to leave the Field and return to London quartering the sick and weak remnant of his Army at Kingston and other adjacent places until a recruit could be made for him so that it was judged by wise men if the King leaving Glocester had marched directly with his victorious Army to London which was then not at all fortified and miserably distracted with Factions within it or besides if the Earl of New Castle letting alone the besieging of Hull which likewise proved fruitless had poured out his numerous Forces upon the Eastern associated Counties he had been more successful then he was But Fata viam invenient Destiny will finde wayes that never were thought of makes way where it findes none and that which is decreed in Heaven shall be effected by means of which earth can take no notice of The King to no purpose thus spending his time at Glocester Essex the whiles recruiteth his Army with which marching from London eighty miles he raiseth the Siege and having relieved the Town in his retreat from thence encountered and vanquished the Kings Army near to the Town of Newbery Both sides excepting onely the inexhaustible riches and strength of the City of London by this overthrow seemed of equal strength yet each of them endeavours to make themselves stronger the Parliament calling in to their assistance the Scots the King the Irish The Earl of Leven was General of the Scots to whom joyned the Earl
of Manchester and the Lord Fairfax and with joynt Forces besieged York to raise the Siege Prince Rupert came with a great Army out of the South the three Generals left their Siege to fight the Prince under him also New Castle having drawn his Forces out of York served who on a great Plain called Marston Moor gave Battle to the three Generals The Victory at first enclined to the Royalists but by the valour of Cromwel who fought under Manchester their whole Army was utterly defeated Prince Rupert his Ordnance his Carriages and Baggage being all taken This was the greatest Battel of the whole Civil War and might have proved a great Remora to the Kings proceedings had he not soon after worsted Essex in Cornwall who having lost all his Artillery returned to London The Parliament soon after new modelled their Army Sir Thom as Fairfax was chosen General in the room of Essex and now the Idol of a Treaty was set up at Vxbridge in which to shew the clearness of his Majesties intentions I have included some of his most material proceedings conducible to an Agreement betwixt him and the Parliament His Majesties particular Prayer for a Blessing on the Treaty O most merciful Father Lord God of Peace and Truth we a people sorely afflicted by the scourge of an unnatural War do earnestly beseech thee to command a Blessing from Heaven on this Treaty brought about by thy Providence the onely visible remedy left for the establishment of a happy Peace soften the most obdurate hearts with a true Christian desire of saving those mens bloud for whom Christ himself hath shed his O Lord let not the guilt of our sins cause this Treaty to break off but let the truth of thy Spirit so clearly shine in our mindes that all private ends laid aside we may every one of us heartily and sincerely pursue the Publick good and that the people may be no longer so blindely miserable as not see at least in this their day the things that belong to their peace Grant this gracious God for his sake who is our peace it self even Jesus our Lord Amen His Majesties Message to the Houses of Parliament which drew on the following Treaty at Uxbridge December 13. 1644. His Majesty hath seriously considered your Propositions and findes it very dffiicult in respect they import so great an alteration in Government both in Church and State to return a particular and positive Answer before a full debate wherein those Propositions and all the necessary explanations and reasons for assenting dissenting or qualifying and all inconveniences and mischiefs which may ensue and cannot otherwise be so well foreseen may be discussed and weighed his Majesty therefore proposeth and desireth as the best expedient for peace that you will appoint such number of persons as you shall think fit to treat with the like number of persons to be appointed by his Majesty upon the said Propositions and such other things as shall be proposed by his Majesty for the preservation and defence of the Protestant Religion with due regard to the ease of tender Consciences as his Majesty hath often offered the Rights of the Crown the Liberty and Propriety of the Subjects and the Priviledges of Parliament And upon the whole matter to conclude a happy and blessed Peace Sent by the Duke of Richmond and the Earl of Southampton December 13. 1644 His Majesties Commission to certain Lords and Gentlemen to treat at Vxbridge with the Commissioners of the Lords and Commons assembled at Westminster c. Charles Rex Whereas after several Messages sent by us to the Lords and Commons of Parliament at Westminster expressing our desires of Peace certain Propositions were sent by them to us at Oxon in November last by the Earl of Denbigh and others and upon our Answers Messages and Propositions to them and their Returns to us it is now agreeed That there shall be a Treaty for a well-grounded Peace to begin at Uxbridge on Thursday the thirtieth day of this instant January as by the said Propositions Answers Messages and Returns in writing may more fully appear We do therefore hereby appoint assign and codnstitute James Duke of Richmond and Lennox William Marquess of Hertford Thomas Earl of Southampton Henry Earl of Kingston Francis Earl of Chichester Francis Lord Seymor Arthur Lord Capel Christopher Lord Hatton John Lord Culpeper Sir Edward Nicholas Knight one of cur principal Secretaries of State Sir Edward Hide Knight Chancellour and Vnder-Treasurer of our Exchequer Sir Richard Lane Chief Baron of our said Exchequer Sir Thomas Gardiner Sir Orlando Bridgeman Master John Asburnham and Master Jeffery Palmer together with Dr. Richard Steward upon the Propositions concerning Religion to be our Commissioners touching the Premises and do hereby give unto them or to any ten or more of them full power and authority to meet and on our part to treat with Algernon Earl of Northumberland Philip Earl of Pembroke and Montgomery William Earl of Salisbury Basil Earl of Denbigh Thomas Lord Viscount Wentworth Denzil Hollis William Pierpoint Esquires Sir Henry Vane the younger Knight Oliver St. John Bulstrade Whitlock John Crew and Edmond Prideaux Esquires for the Lords and Commons assembled in the Parliament of England at Westminster and John Earl of London Lord Chancellour of Scotland Archibald Marquess of Arguile John Lord Maytland John Lord Balmerino Sir Archibald Johnson Sir Charles Asking George Douglas Sir John Smith Sir Hough Kennedy and Master Robert Carly for the Estates of the Parliament of Scotland together with Master Alexander Henderson upon the Propositions concerning Religion or with any ten or more of them upon and touching the matters contained in the said Propositions Answers and Messages or any other according to the manner and agreement therein specified or otherwise as they or any ten or more of them shall think fit and to take all the Premises into their serious considerations and to compose conclude and end all Differences arising thereupon or otherwise as they or any ten or more of them in their wisdoms shall think fit and upon the whole matter to conclude a safe and well-grounded Peace if they can and whatsoever they or any then or more of them shall do in the Premises we do by these presents ratifie and confirm the same Given at our Court at Oxon the 28. day of January one thousand six hundred forty and four in the 20. year of our Reign His Majesties Instructions to the Commissioners at Uxbridge Concerning the Militia and Ireland First concerning Religion In this the Government of the Church as is set forth Sect. 3. Numb 14. Next concerning the Militia After Conscience this is certainly the fittest Subject for a Kings quarrel for without it the Kingly Power is but a shadow and therefore upon no means to be quitted but maintained according to the known Laws of the Land yet to attain to this so much wished peace of all good men it is in a manner necessary
approaching both sides prepare themselves for action a great party of the Royalists was trouted by Cromwel at Islip-Bridge divers of the Commanders taken prisoners the remainder of the party flying to Bletchtington House were there besieged and taken with the same success at Bampton-bush he took Vaughan and Littleton and defeated their forces The King in the mean time marched Northward with his Army and took the strong and considerable Town of Leicester Soon after was that dismal Battel at Naseby where the fate of England was to be determined the number of both sides were not much unequal nor the ordering of their Battalia's much unlike the Kings Front was filled with brave Troops of Horse the Foot stood in the second body the right Wing was commanded by the Princes Rupert and Maurice the left by Sir Jacob Ashley other Commanders of great quality sustaining their parts The Parliamentarian Foot made a firm body in the midst the wings were guarded by the Horse the right wing was commanded by Cromwel the left wing by Ireton the Foot being divided into two bodies was commanded by Major General Skippon fortune at the first favoured the Royalists The Parliaments left wing being routed by Prince Rupert the commander Ireton wounded and taken Prisoner but betwixt the two other Wings the case was different Cromwel coming on with so great force that he routed and overthrew the Kings left Wing the Battel seemed in an equal ballance the Wings on both sides being scattered but after some sharp dispute the Royalists were routed their Horse disserting the Foot fled to Leicester the cumbersome plunder of which place being reputed the occasion of that defeat The Kings Standard and one hundred other Colours were taken all the Ordnance the Kings Coach Cabbinet Letters a rich booty of Jewels a great quantity of Gold and Silver and almost five thousand prisoners which may seem the more strange since on both sides there were not five hundred slain To proceed the loss of that day lost the King his Crown for presently after this Leicester Bath Sherburn yea and Bristol it self were yielded up the Town of Taunton long besieged by Goring was relieved by General Fairfax who soon after took Tiverton and Dartmouth and then marching into Cornwal at a place called Torrington gave the Lord Hopton a great overthrow Cromwel in the mean time took Basin and Winchester the Devizes and Barcklay were taken by other Commanders Wodstock by Rainsborough and Carlile by the Scots who marching from thence to besiege Newark were called back to the relief of their own Countrey then almost subdued by the Marquess of Montross of whom I shall insert the less having particularized it in his Life This Marquess at first sided with the Covenanters participated of their counsels and was the first man when the Scots invaded England Anno 1639. that set footing on English Ground but afterwards detesting their doings he became the most bitter enemy to them that ever they had About the beginning of the year 1644. when the Scottish Covenanters came into England to assist the Parliament Montross went to Oxford to the King to offer his service against the Covenanters in Scotland The King to fit him for-that purpose created him a Marquess and gave him his Commission to be Lord Governour of Scotland and General of all his Forces Scotland being then wholly under the Covenanters it was agreed that the Earl of Antrim should by the beginning of April send over into Argile where the passage is short into Ireland ten thousand Irish as a stock to begin withal this promise at the appointed time Antrim performed in part but was very deficient in the number of Souldiers for instead of ten thousand he sent scarce twelve hundred under the conduct of Macdonald Montross notwithstanding with these men and the addition of his Atholians patcht up an Army with which he afterwards performed such exploits as would pose Antiquity amongst all the Camps of their famed Heroes to finde a parallel to this Army The first Summer after his arrival in Scotland he gave the Earl of Argile a great overthrow fiteen hundred of his men being slain and taken afterwards at a place called Kilsithe having scarce 4000. Highlanders and Irish he encountered and overthrew the States great Army slew above five thousand of them and dispersed the rest hereupon is their Army sent for all Scotland being almost at his devotion Sir David Lesley returned with the Horse and at Selkirk gave Montross a defeat The King in the mean time was routed at Routen Heath by Pointz a Commander of the Parliaments Army the Lord Digby the next moneth was beaten at Sherburn in Yorkshire and afterwards utterly defeated at Carlisle Chester long defended by Biron was yielded up and Ashley himself the Kings General vanquished by Morgan and taken prisoner with one thousand six hundred of his men The King had now no Garrisons left but Oxford Newark Banbury Wallingford Worcester Ragland and Pendennis Newark was straitly besieged by Leven Pointz and Rossiter Oxford wherein the King was himself began to be blocked up by Ireton and Fleetwood and every day the coming of Fairfax himself and a straiter Siege of that City was expected the King resolved therefore to go out of Oxford before this should happen and communicating his mind to some secret and faithful Councellours above all other places he pitched upon the Scottish Camp to the Scots therefore as they lay before Newark the King sent Montruel the French Ambassadour and himself soon after as Ashburnhams man with a Cloak-bag behinde him escaped unknown out of Oxford and came to Newark to the Scots hoping to be received with great humanity by such good Subjects as they boasted themselves to be But now both Fortune and Fidelity failed the distressed King the Scots they first betray him and then Pontius Pilate like washed their hands to declare their Innocency They delivered the King to the English upon Conditions as they pretended that no violence should be offered to his Person the English now having their King a Prisoner carry him first to Holnbey Castle then to Roiston thence to Hatfield not long after to Causam then to the Earl of Bedfords House near Ouborn soon after to Hampton Court the most stateliest of all his Palaces but with what content to his dejected minde let others judge to see his Palace turned into a Prison and himself to be a Captive must needs be a sorrow fitter for out amazement then expression for certainly as joy is most sweet to them who have tasted the miseries of sorrow so sorrow is most bitter to them who have alwayes lived in bliss as one of our modern Poets sings The very thought renews the memory Of my precedent lives felicity Whereby I know my sorrow is the more Who hapless now liv'd happy heretofore To hurry him out of his right minde he did not long stay at Hampton Court but by a crafty excuse he was juggled into the
and successful an enemy as followed them at the heels June 12 1648. they settled themselves a Garrison the Parliament Horse coming up and quartering within Canon shot of the Town Touching these proceedings I have further inlarged my self in the Life of Sir Charles Lucas But the greatest of all dangers which threatned the Parliament was from the North from the Kingdom of Scotland Duke Hamilton with an Army of five and twenty thousand entered England for the King with whom joyned Sir Marmaduke Langdale divers of the chief Ships of the Royal Fleet likewise much about the same time revolted from the Parliament and set their Vice-Admiral Rainsborow ashore affirming they were for the King and would serve Prince Charles sailing towards Holland where the Prince the was and with him his Brother the Duke of York who not long before fled privately out of London The Earl of Holland also with they young Duke of Buckingham having five hundred Horse appeared in Arms for the King by Kingston so that all things considered we may conclude that the Kings party since the beginning of the Wars was not in a likelier condition at least more formidible then at this present but God had otherwise decreed and all these fair hopes in a few dayes vanished into nothing as the following ill successes will declare The Earl of Holland soon after his rising was put to flight by Sir Michael Levesey and others The Lord Francis Villers Brother to the Duke of Bucking ham was slain and Sir Kenelm Digby's eldest Son who as he was fighting with four at once was cowardly thrust through his Back Holland flying with the remainder of his Horse was within few dayes after at the Town of Saint Needs by Collonel Scroop whom the General Fairfax had sent from Colchester for that purpose altogether subdued Holland himself taken and by the Parliament committed prisoner to Warwick Castle Langhorn and Powel were totally routed between the two Towns of Fagans and Peterstone and having lost all their Army escaped by flight to Colonel Poyer into Pembroke Castle which after a strait Siege was surrendred to Cromwell the three Collonels rendring themselves Prisoners at mercy Poyer onely suffered death who in hopes of a Reprieve dissembled a reluctancy when he was ready to dye Cromwel from thence marched against the Scots who were now come as far as Preston in Lancashire and with the addition of Lamberts strength gave Battel to Hamilton pursuing them as far as Warington about twenty miles and killing many in the Chase took Lieutenant General Bailey Prisoner with a great part of the Scottish Army granting them onely quarter for their lives In this Battle were slain three thousand Scots and taken Prisoners about nine thousand Duke Hamilton himself within few dayes after having fled with a good party of Horse to Vttoxeter was there taken prisoner by the Lord Gray and Collonel Wait. With Hamilton were taken about three thousand Horse Langdale also not long after was taken prisoner in a little Village by Widmerpole a Parliament Captain this was the success of Hamiltons invading England The Trophies of this Victory were placed in Westminster Hall Soon after was the strong Town of Colchester surrendred to General Fairfax which for three moneths together with much Resolution and Gallantry was defended by Sir Charles Lucas Norwich Capel c. until all hopes they had of relief were utterly blasted and all their provisions quite spent not so much as a Dog or a Cat left them to satisfie the necessity of Nature Sir Charles Lucas and Sir George Lisel were shot to death the same day the Town was surrendred the Earl of Norwich Lord Capel and Master Hasting Brother to the Earl of Huntington were sent Prisoners to London The Lord Capel some few weeks after together with Duke Hamilton and the Earl of Holland were all three beheaded The Parliament during these Broils to give some seeming satisfaction to the Kingdom annulled their former votes of making no further addresses to the King and restored again to their seats eleven of their Members who had formerly been impeached by the Army a Treaty was voted to be with the King in the Isle of Wight the Earl of Middlesex with two of the House of Commons were sent to the King who made answer that he was very ready to treat of peace and named Newport in that Island to be the place Five of the House of Peers and ten of the House of Commons were appointed Commissioners and the Treaty went on with a great deal of seeming satisfaction on both sides But whiles they were intent upon the business a Petition was exhibited to the Parliament wherein they desired that the King might be tried by the Laws and brought to justice and all further Treaties with him to be laid aside which when the Parliament denied the Army not being satisfied they march some of them towards Newport others to the King who was now a Prisoner as large In the mean time the General sends his Letters to Collonel Hammond to render up his Command to Collonel Ewers who is to take the charge of the King but the Parliament vote him hereupon to stay there of which the General having notice 27. November The Army fast and pray and receive according to the still continued fashion Petitions from several Counties in order to what they intend to resolve and therefore Hammond submits and delivers up the King to Ewers and comes towards the Army The Parliament are angry and vote a Letter to the General that his orders and instructions for securing of the Kings person are contrary to their resolutions and instructions to Collonel Hammond and that it is the pleasure of the House that his Excellency recal his orders and that Colonel Hammond be free to take his charge to the Isle of Wight the Treaty being ended but instead of obedience hereto he salutes them with a sharp Letter for money to pay Arrears for the Army hereupon the Army marches to London and the King had his removes by Ewers till he came to the Block After that the House had past their Vote for no address to the King he being in a sad condition by his stricter condition in Hurst Castle hearing of these Votes prepares his soliloquies for his assured comfort in death as we finde his meditations in those golden Leaves of his Book As I have leasure sayes he so I have cause more then enough to meditate on and prepare for my death for I know that there are but a few steps betwixt the Prisons and the Graves of Princes Now the Ax was laid to the root of the Tree the House of Commons vote that by the Fundamental Laws of the Realm it is Treason for the time to come to Levy War against the Parliament and Kingdom the Ordinance for the Kings Trial was refused by the Lords January 2. After this a Proclamation was from the House of Commons for any one to accuse the King the Ordinance of
the Trial was January 6. engrossed and read and the manner referred to the Commissioners who were to try him in the Painted Chamber Munday the 8. of January a Proclamation resolved to be made in Westminster Hall the Commissioners to sit the next day to which intent Mr. Denby the younger a Serjeant at Arms to the Commissioners rid into the Hall the Drums of the Guard beating without the Palace and in like manner at the Old Exchange and in Cheapside Jan. 9. The Commons Vote the Title in Writs of Caroli dei gratia c. to be altered that great Seal be broken and ordered a new one with the Arms of England and the Harp for Ireland with this word The great Seal of England and on the reverse the Picture of the House of Commons with these words In the first year of Freedom by Gods Blessing 1648. Now there was a new Tribunal erected there being appointed 150 Judges or Tryers that so in number they might represent the people who are improved to covenant hear Judge and Execute Charles Stuart King of England of these there were of several sorts of persons six Earls of the upper House the Judges of the Kingdom Commanders of the Army Members of the Commons Lawyers men of several Trades and Professions The Presbyterian Ministers now too late disclaim against the prosecutions and the English Nobility offer themselves pledges on the the Kings behalf but all too late and now the penitent Scots with their predecessor repent themselves of their Silver and in a Declaration express their dislike The High Court of Justice was framed in the upper end of Westminster Hall betwixt the then Kings Bench and the Chancery Saturday Jan. 20. the King was brought from St. James through the Park in a Sedan to White Hall thence by Water with guards to Sir John Cottons House at the back end of Westminster Hall The Judges met in the Painted Chamber attending the President Bradshaw in his Scarlet Robe the Sword born before him by Collonel Humphry the Mace by Serjeant Denby the younger and twenty men for his guard with Partizans himself sits down in a Crimson Velvet Chair of State fixed in the midst of the Court with a Desk before him and thereon a Cushion of Crimson Velvet the seats of each side benches covered with Scarlet Cloath the Partizans divided themselves on each side O yes and silence made the great Gate of the Hall was opened for any one to enter Collonel Tomson brought forth the Prisoner the Serjeant with his Mace received him to the Bar where was placed a red Velvet Chair the King looks sternly on the Court where he spyes one person who had received signal favours from him at the sight of whom as I received it from one in the Court he laid his hand on his breast and pronounced to himself scarce audibly Caesars words Et tu Brute after which he sat down not shewing the least regard to the Court but presently rises and looks downwards on the guards and multitudes of the spectators The Act of parliament for the Tryal of Charles Stuart King of England was read over by the Clerk one Phelps who sat on the right side of the Table covered with a Turky Carpet placed at the feet of the President upon which lay the Sword and Mace The several names of the Rolls of Tryers were called over and eighty answered to their names in the charge the King is accused in the name of the People of England of Treason Tyranny and of all the Murthers and Rapines that had happened in the War they imposed all the weight of the accusation on this that he raised War against the Parliament A great many people looking on with groans and sights deploring the condition of their King The President stood up and said Sir you have heard your Charge containing such matters as appear by it and in the close it is prayed that you answer to your Charge which this Court expects The King whilest he heard this Charge with a majestick countenance and a smile in answer to the President asks the new judges by what Auhority they did bring to Tryal a King their most lawful Sovereign against the Publick Faith so lately given him when he commenced a Treaty with the Members of both Houses By what saith he emphatically lawful Authority for saith he I am not ignorant that there are on foot every where every mans unlawful powers as of Thieves and Robbers in the High Way he bids them onely declare by what authority they had arrogated this whatsoever power to themselves and he would willingly answer to the things objected which if they could not he advised them to avert the grievous crimes from their own heads and the kingdom whatsoever they did he resolved not to betray the charge committed to him by God and confirmed by ancient descent The President rejoynes that he was called to an account by authority of the people of England by whose election he was admitted King The king replyed the Kingdom descended to him in no wise elective but hereditary above a thousand years that he stood more apparently for the Liberties of the People of England by refusing as unlawful and arbitrary authority then the Judges or any other asserting it That the authority and power of the people was shewed in Parliamentary Assemblies but that here appeared none of the Lords who to the constituting of a Parliament ought to be there and which is more some King ought to be present but that neither the one nor the other nor both the Parliament Houses nor any other judicature on earth had any authority to call the King of England to an account much less some certain Judges chosen onely by his Accusers masked with the authority of the Lower House and the same proculated Howbeit he willed them again that they would at least produce this their Authority and he would not be wanting to his defence forasmuch is was the same offence with him to acknowledge a Tyrannical Power as to resist a lawful one The president often interrupting the Kings Speech told him that they were satisfied with theâ—r authority as it is upon on Gods authority and the kingdom in doing justice in this their present work The Munday after the Court met in the Painted Chamber where it was resolved that the king should not be suffered to argue the Courts Jurisdiction but that the President should tell him that the Commons in Parliament had constituted that Court whose power was not to be disputed that if he refuse to answer it shall be accounted a contumacy to the Court that if he answer with a Salvo his pretended Prerogative above the Court he shall be required to answer positively yea or no that he shall have a copy of his Charge till he own the Court and delare his intentions to answer on his second Tryal Sollicitor Cook moves that the Prisoner may make a positive answer or that the Charge may
that any one alive could suspect it of which himself at all times throughont the whole space of his life had given manifest testimonies Whereupon sayes the King that he deposited the testimony of his faith which this holy man meaning the Bishop or else expected defence in this behalf of all men who well knew his life and profession namely that I dye said he in the Christion Faith according to the profession of the Church of England as the same was left me by my Father of blessed memory Then looking about upon the Officers having sayes he a most gracious God and a most just cause that I shall by and by change this corruptible Crown for an immortal one I both trust and rejoyce that I shall depart hence into another Kingdom altogether exempt from all manner of disturbance Then preparing towards the Circumstances the Bishop putting on his Night cap and uncloathed him to his Sky-colour Sattin Wastecoat he said I have a good cause and a gracious God and gave his George Order to the Bishop bidding him to give it to the Prince There is but one stage more sayes the Bishop this is turbulent and troublesome and but a short one but it will soon dismiss into a way further even from Earth to Heaven there you are assured of joy and comfort I go sayes the King from a corruptible to an incorruptible Crown where no disturbance can be but peace and joy for evermore Then lifting up his eyes and hands to heaven mildly praying to himself he stoopt down to the Block as to a prayer-desk and most humbly bowed down his generous Neck to God to be cut off by the vizarded Executioner which was suddenly done at one blow Thus fell Charles and thus all Regal Power with him His Body was buried at Windsor for to render him the more odious in the Vault with Henry the Eighth His Effigies at the Old Exchange being pulled down with this Inscription placed there Sic exit ultimus Tyrannus His own and his Fathers Statue being not long before thrown down from the West end of Pauls A late worthy Historian writes that though there were many excellent ones written on him yet the King himself was his own best Epitaph as his Reign and death makes as full and as perfect a story of goodness and glory as earth could suffer so his Christian vertues deserve as faithful a Register as earth can keep I shall conclude with one of our Modern Poets Crowns have their compass length of dayes their dates But time puts periods both to Crowns and States This Epitaph came to my hands which I have here inserted Within this sacred Vault doth lie The Quintessence of Majesty Which being set more glorious shines The best of Kings best of Divines Britains shame and Britains Glory Mirrour of Princes compleat Story Of Royalty one so exact That th' Elixirs of praise detract These are fair shadows but t' endure He 's drawn to th' life in 's Portraiture If such another Piece you 'ld see Angels must limn it out or he Master Lilly in his Monarchy or no Monarchy sayes that some affirm that severall Prodigies appeared before his death all he observed for a long time before was that there appeared almost every year several Mock-suns sometimes two sometimes three so also Mock-moons or Paracelenes which were the greatest he ever observed or feared The Life of the Lord CAPEL THis honourable Person though he was not like some of our other Worthies crowned with the Successes and Laurels of War yet is he no less to be eternized for his endeavours his animosity constancy and perseverance to the parting first with his vaste Estate sequestred for his Loyalty and aterwards with his Life so that he might rightly be termed The Flower of English Fidelity his name ever to be honourably mentioned according to that of the Psalmist Psal 112.6 The righteous shall be in everlasting remembrance He was Son and Heir to Sir Arthur Capel of Hadham-hall in Hertfordshire a Gentleman of a great estate one who followed the old Mode of our Nation kept a bountiful house and shewed forth his faith by his works extending his Charity in such abundant manner to the poor that he was bread to the hungry drink to the thirsty eyes to the blinde and legs to the lame and might justly be stiled Great Almoner to the King of Kings Concerning the Humility of this worthy Knight though it be too sudden a diversion I shall presume to insert a story which I have heard delivered by some well acquainted with his worship That be being set at his gate all alone in a plain but decent habit a Serving-man who had plumed himself with his Masters cast feathers came riding to him and asked him if Sir Arthur Capel were within Sir replied the Knight he was there not long ago and if you please to walk in you may hear further of his servants Old Father said the Serving-man here take my Horse and first money he ever received in that kinde Sir Arthur agreed to the motion and with a smile received from him a single penny took his Horse and walkt him whilest the finical spruce Serving-man strutted with convenient boldness into the house but being informed by the Servants that their Master was at the Gate he replying to the contrary one of them to justifie their words went with him to the Gate to see where they found Sir Arthur very industrious in his employment the Serving-man very much ashamed of his mistake craved pardon and with humble obeisance with his Hat in his hand with many cringes would have received the Horse from the Knight Nay stay sayes Sir Arthur you paid me my hire get up as soon as you will I am resolved to see you on Horseback The old Knight putting his hand into his purse gave him half a peece which he said was for his taking so much care of his Masters Horse being purposely thus liberal to encourage his own Servants to imitate his careful example But to return to his Son he was very well educated attained to some perfection in learning he had a good expression and elegant stile as his own Letters hest delineate His Father dying as he inherited his Estate so did he his vertues his pious bounty appearing so conspicuous that some envious persons who hate good works in others because they will do none themselves have maliciously aspersed him for an inclination to Popery But as such aspersions amongst persons of understanding speak nothing but the speakers malice so wrought it in others a deserved commendation of this of our late Noble inimitable Lord more especially that in these last times when Charity lies bed-rid and faith onely so much talkt on whereas he made his Faith publickly known by his Works From the degree of Knight he was by King Charls advanced to be Baron of Hadham As it may be computed about that time the Earl of Strafford received his Tryal this unfortunate
thy ever active fame Shall build a world unto thy pregnant name And every letter of thy stem shall raise A spacious Kingdom where thy ample praise Shall be recorded every listening ear Shall prove ambitious be intranc't to hear 'T will be a glory when the world shall say 'T was bravely done his Soveraign led the way And he as valiant Souldiers ought to do March't boldly after and was alwayes true To sacred Majesty his Heroe'd breath Disdained the fear of a so courted death Death added life unto his thoughts for he Contemn'd a death he bought with Victory The very Birds shall learn to prate and sing How Capel suffer'd for his Royal King The Life of JAMES Marquess of Montross Earl of Kincardine c. IT may seem strange in such a scarcity of Scotch Worthies there also being already so many of our own that I should go about to borrow one from that Countrey where if Diogenes were alive again the Cinique as I have heard one merrily express with his Lanthorn would make no long inquest after such an impossibility but infallibly conclude that there is not such another to be found in Scotland This renowned Marquess was extracted from the Ancient and famous Family of the Grahams in Scotland whose valiant and loyal Actions have eternized their Names to all posterity His Grandfather and Father were advanced by King James and King Charles unto places of the greatest honour in that Kingdom which they most happily discharged with the love and good affection both of King and People This Honourable Person whose Life we now relate persisting in his Predecessours steps may give us cause to think that Valour and Loyalty were entailed on that Family Yet at first he sided with the Covenanters against the Royal Party they pretending to nothing then less then the preservation of Religion the Honour and Dignity of the King the Laws of the Land and the Freedom of the Nation But having found that those fair tales were onely pretensions and onely coyned of purpose to draw people to their side he like a wise man finding their hearts alienated the King he mediated a disengagement but finding the work difficult he a while dissembled his intent seeming as active as he was before that when time served he might dissert them to better purpose having also many of his friends amongst them whom he hoped to draw off by which means he should be able to gather no small power which would conduce much both to the Kings safety and his own Whilest he was upon these determinations the Covenanters had raised a strong Army and in a solemn convention at Duns they determine to invade England Montross seeing he could not hinder those actions would not seem to disapprove of them and having the command of two thousand Foot and five hundred Horse to seem the more active was the first man that set foot on English ground and had his friends fulfilled their promises he had not onely broken to pieces the Covenanters designs but in all probability had brought the whole Army along with him to the King But the Scots marching over the Tine otherwise then he expected he was much disappointed of that opportunity he so longingly attended yet he kept the same loyal Inclinations towards the King which taking advantage of the Treaty that ensued betwixt them that he found means to acquaint his Majesty by Letters wherein he protested his faith and ready obedience to him but these Letters being stoln out of the Kings pockets by his Bed-chamber men the supposed instruments of Hamilton and by them coppied out were sent to the Covenanters at New Castle which place by the treachery of some English Commanders was yielded unto them who concealing their Information did not withal conceal their malignity against the Earl but laboured all they could to render him odious to the people and thereby unserviceable to his Majesty Nor wanted they fit instruments for this purpose for having obliged to themselves most of the Preachers throughout the Kingdom they made use of their mercenary tongues to rail against the King and his faithful Subjects as the enemies of Christ being themselves the while the very shame and scandal of Christianity Yet still Montross goes on in his Loyal intentions and joyns to his side many of the prime men for Nobility and Power though some of them afterwards for fear betrayed their designs unto the Covenanters so that on a sudden when he suspected nothing he with Napier Lord of Marchiston and Sir Sterling Keer were committed Prisoners to the Castle in Edenburgh But a Pacification being made betwixt both Kingdoms he with his friends were set again at liberty Not long after in England happened those fatal discords betwixt the King and Parliament which growing so high that they came to be determined by the Sword the Covenanters not to be wanting in the aid of their Confederates resolved to raise a puissant Army and to oblige Montross to their side proffered him freely the Office of Lieutenant General of the Army and what ever else he could desire and they bestow But he not more careless of their proffers then careful to inform the King of the danger that hereby hung over his head to which purpose he poasts into England taking onely the Lord Ogleby into his counsel and company At York he informs the Queen of the covenanters intentions and of the danger that would ensue thereof which doubtless had taken good effect at that time had not the coming of Duke Hamilton out of Scotland upon pretence of kissing the Queens hand but with intent to overthrow Montross his councels hindered the same who perswaded the Queen there was no fear of any Army nor that the King should need despair of amity and reconciliation with them protesting he himself would be active for the King with his person and estate But the Covenanters proceeding on in their designs and Montross having better knowledge of their intentions then before he goes to Glocester and delares the same to the King himself but the King was so soothed up with Letters of the contrary from Hamilton and some such other Courtiers also buzzing in his ears Montrosses youth his rashness his ambition the envy and hatred he bare unto the Hamiltons and on the other side the Hamiltons fidelity their honesty their discretion their power so that Montross nothing prevailed In the mean time the Covenanters were not idle but having raised an Army of eighteen thousand Foot and two thousand Horse march for England and now the King when it was too late seeing himself thus grossy abused sends for Montross and asks his advice what was best to be done Montross having declared the desperate estate Scotland was in at that present and how abominably his Majesty had been betrayed by them with whom he had entrusted his secrets resolved nevertheless if the King would lay his Commands upon him nothing distrusting Gods assistance in a righteous cause he would
Prisoner at the Bar presented before the Court here take your Jury of Life and Death if therefore Master Lilburne you will challenge them or any of them you must challege them before that they go to be sworn Cryer Every man that can inform my Lords the Justices and the Atturney General of the Commonwealth against Master John Lilburn Prisoner at the Bar of any Treason or Fellony committed by him let them come forth and they shall be heard for the Prisoner stands upon his deliverance and all others bound to give their attendance are upon pain of forfeiture of their Recognizance to come in Master Lilburne desired to be heard a few words the Judge told him he must talk in his legal time and take legal exceptions and then he should be heard till midnight Master Lilburne desired to be heard he said he did not know the faces of two men that were read to him therefore he desired that he might have time to consider of them Judge Keeble told him that he ought not to have it Master Lilburne desired the Judge that he would at least vouchsafe him to have some friends by him that are Citizens of London that knew them to give him information of their quality and conditions without which he said they might as well hang him without a Tryal Mr. Sprat or Master Robert Lilburn challenged one of the Jury which the Judge excepted against and commanded the Fellow in the white cap should come out there pull him out Master Lilburne replied that they did not deal civilly according to their own Law and now there was a full noise the whole cry was to pull down the Stag of the Petition of Right The Jury being called he excepted against several persons of the Jury six lived about Smithfield one in Gosling-Street two in Cheapside two in Broad-street one in Friday-street After his particular exception Master Broughton proceeds and reads his Indictment Hold up thy hand John Lilburne Thou standest here indicted of High Treason by the name of John Lilburn late of London Gentleman for that thou as a false Traytour not having the fear of God before thine eyes but being stirred and moved up by the instigation of the Devil didst endeavour not onely to disturb the peace and tranquility of this Nation but also the government thereof to subvert now established without King or House of Lords in the way of a Commonwealth and a free State and happily established and the Commons in Parliament assembled being the supream Authority of this Nation of England to disgrace and into a hatred base esteem infamy and scandal with all the good true and honest persons of England to bring into hatred that is to say that thou the said John Lilburne on the first day of October in the year of our Lord 1649. and on divers other dayes and times both before and after in the Parish of Mary the Archess in the Ward of Cheap London aforesaid of thy wicked and devillish minde and imagination falsely malitiously advisedly and trayterously as a false Traytor by writing and imprinting and openly declaring that is to say by a certain scandalous poysonous and trayterous writing in paper entituled A salva libertate and by another scandalous poysonous and trayterous Book entituled An Impeachment of High Treason against Oliver Cromwel and his son-in-law Henry Ireton Esquires late Members of the late forcibly dissolved House of Commons presented to publick view by Lieutenant Collonel John Lilburn close Prisoner in the Tower of London for his real true and zealous affection to the liberties of this Nation and by another scandalous poysonous and trayterous Book imprinted and entituled An Out-cry of the yong men and Apprentices of London or an inquisition after the lost fundamental Laws and Liberties of England directed August 29. 1649. in an Epistle to the private Souldiers of the Army especially all those that signed the solemn Engagement at New-Market Heath the fifth of June 1647. but more especially the private Souldiers of the Generals Regiment of Horse that helped to plunder and destroy the honest and true hearted Englishmen trayterously defeated at Burford the fifteenth of May 1649. And also by another scandalous poysonous and traiterous Book intituled The legal fundamental liberties of the people of England revised asserted and vindicated didst publish that the Government aforesaid is tyranical usurped and unlawful and that the Commmons Assembled in Parliament are not the Supreme Authority of this Nation and further that thou the said John Lilburne as a false Traitor God before thine eyes not having but being moved and led by the instigation of the Devil endeavouring and maliciously intending the Government aforesaid as is aforesaid well and happily established thou the said John Lilburne afterwards that is to say the aforesaid first day of October in the year of our Lord 1649. aforesaid and divers other dayes and times as well before as after at London aforesaid that is to say in the Parish and Ward aforesaid London aforesaid maliciously advisedly and traiterously didst plot contrive and endeavour to stir up and to raise force against the aforesaid Government and for the subverting and alteration of the said Government and to do those wicked malicious and traiterous advisement to put in execution c. and thou the said John Lilburne afterwards that is to say the aforesaid first day of October in the year of our Lord 1649. aforesaid and divers dayes and times as well before as after at London aforesaid that is to say in the Parish and Ward aforesaid of thy depraved minde and most wicked imagination in and by the aforesaid scandalous poysonous and trayterous book Intituled An impeachment of high Treason against Oliver Cromwel and his son-in-law Henry Ireton Esquires late Members of the late forcible dissolved House of Commons presented to publick view by Lieutenant Collonel John Lilburne close prisoner in the Tower of London for his real true and zealous affection to the Liberties of his native Countrey falsly maliciously advisedly and traiterously didst publickly declare amongst other things in the said Book those false scandalous malicious and traiterous words following but my true friends meaning the friends of the said John Lilburne I meaning the foresaid John Lilburne shall here take upon me the boldness considering the great distractions of the present times to give a little further advice to our friends aforesaid from whose company or society or from some of them hath been begun and issued out the most transcendent clear rational and just things for the peoples liberties and freedoms That the foresaid John Lilburne hath seen or read in this Nation as your notable and excellent Petition of May the 20th 1647. burnt by the hand of the common-hangman recorded in my book called Rash Oaths Unwarrantable page 29 30 31 32 33 34 35. with divers Petitions of that nature and the Petition of the 19th of January 1648. recorded in the following discourse page 45 46 47 48. and the
this while having the subtlety not to acknowledge his own hand which occasioned Master Atturney Prideaux to say you may see the valiantness of the Champion for the peoples Liberties he will not own his own hand Master Lilburne said he denied nothing but would have them to prove it For his other Book an Impeachment of High Treason against Oliver and his Son-in-law Henry Ireton late Members of the late forcibly dissolved House of Commons presented to the publick view by Lieutenant Collonel John Lilburne close Prisoner in the Tower of London Mr. Atturney said My Lord I doubt he will not own it Mr. Lilburne said again he should deny nothing he had done but he had read the Petition of Right which taught him to answer no questions against himself he said that he had read that it was practised by our Saviour Christ and his Apostles our Saviour answering Pilate with onely Thou sayest it For as to his Preparative to the hue and cry after Sir Arthur Haselrig the Lieutenant of the Tower said it was true that Lieutenant Collonel Lilburne gave him such a Book in the Tower but he could not say whether that was the same Book he delivered him Mr. Nutleigh and Mr. Radny two Witnesses put Mr. John shroudly to his shifts He was come to St. Francis his equivocation when one askt him that was newly robbed which way the thief went he stretching out his arm said not this way meaning through his sleeve For his Book called The Legal Fundamental Liberties of England the Atturney General did not put much weight upon that as also of his Book De salva libertate but he proceeded to produce an Act of Parliament of the fourteenth of May 1649. declaring what offences should be adjudged High Treason which were read over The chief clauses that Master Atturney insisted upon against Mr. Lilburne were these That if any person shall maliciously or advisedly publish by writing printing or openly declaring that the said Government is usurped tyrannical or unlawful or that the Commons assembled in Parliament are not the Supream Authority of this Nation These sayes Mr. Atturney we shall joyn together with Mr. Lilburnes books to which making particular application he inferred that Mr. Lilburns Books were accordingly trayterous to which purpose he caused the Clerk to make particular references to several pages of his Books Master Prideaux causing these words to be read out of one of Master Lilburns Books That the Parliament are usurping Tyrants and their new thing called their Councel of State undoubtedly the most if not all of them must go to Tyburn or Tower-hill there by the Halter or Ax to receive their just deserts to which he affixed Amen There is an Amen pronounced to us sayes Mr. Atturney let him have it that deserves it and according to the Atturneyes direction several pages of his Books were still quoted and read on then Mr. Atturney exprest himself to the Court to this purpose sayes he My Lords if I should say nothing more to the Iury but what hath been instanced and said there is pregnant proof already but yet my Lord further to prove the malice of Mr. Lilburnes heart and that he did intend to subvert and destroy the Parliament he caused the Clerk to read some other passages of his Books out of which he proved that he had blown a Trumpet for all his friends to take up Arms against the Parliament to which purpose he went about to seduce the Army which he calls his fellow Countrey-men Thus I have already exprest the particular advantages that might be for the Atturneys Plea to Master Lilburns detriment to the proving of no less then High Treason through several pages being quoted successively throughout every Book to that determined purpose Mr. Lilburne after he had compared the Judges to the Scribes and Pharisees and their usage of himself to Christ closing to his former expression Thou sayest Mr. Prideaux they are my Books he bid him prove it Mr. Prideaux speaking to the Jury said Gentlemen there are proofs enough and too many that he had no more to say to them but that if they respected the government of the Parliament the honour of the Councel of State the honour of the Nation or of the Army or the preservation of the Law they could not but say that the prisoner was guilty of such crimes and treasons as he was lawfully accused of and accordingly they could not but finde him so He ended that he desired the Act of Treason might be made use of Master Lilburne again pretended himself to be tired and oppressed but at the present not being understood he desired that he might refresh his body with the air which could not be obtained All this while he struggled out a little respite at last after these lingerings the Judge resolvingto be no longer delayed commanded the Chair to be taken away for it grew late Now it was time for Master Lilburne to show himself a right Collonel Iohn after his so long baffling and fooling of the Judges he was Counsel to himself he pleaded his own Cause with such subtilty with such a perfect recollection of all the former transactions of his Tryal and withal indisputably confident of his Jury he knew he could not tread awry he being left invulnerable except in the heel which was onely in his own most necessary inscrutable reservations he closed his long speech of clearing himself with some necessary insinuations to the Jury where the strength of this Sampson did chiefly lie To them he declared the integrity of his life his merits and the hard usage he had received from the present Government being interrupted he earnestly desired the Jury to take notice of the blood-thirsty cruelty and malice of his enemies all the while soundly clawing of his Jury with such words that he was happy in the care and conscience of his honest Jury fellow Citizens and Freemen of England who were to be the Conservators and Judges of his life having in themselves the Judicial power of the Land the Judges that sit there being no more if they pleased but as Ciphers to pronounce the sentence of their Clerks to say Amen They being at the best in their originals but the Norman Conquerers Obtruders He called his Jury the keepers of his life at whose hands if they did not do him justice the Lord would require his blood he desired the Lord God omnipotent to direct then the Governour of heaven and earth and all things therein contained to go along with them and give them counsel to do that which is just for his glory the people with one voice crying Amen Amen Which made the Judges look untowardly about them and caused Major Gen. Skippon to send for three fresh Companies more of Foot Souldiers After which Mr. Atturney General told the Jury that they had heard the evidence in the behalf of State laying the business to their conscience that they should be careful to do justice
the River of Trent purposely to let in the Waters the which course they continued till they had drowned 8000. Acres of Corn and Rape then growing and the Corn stacks generally half way with the greatest part of mens houses and habitations by the space of ten weeks Now fearing they should be punished for these insolencies and desirous to keep what they had thus gotten they drew to their assistance Mr. Lilburne J. W. and one Noddel a Solicitour who notwithstanding the Court of Exchequer made a decree for establishing the possession again with those from whom they had wrested it and that this decree was published upon the place in presence of divers of the inhabitants they openly declared That they would not give any obedience thereunto nor to any order of the Exchequer or Parliament and said they could make as good a Parliament themselves some said It was a Parliament of Clouts and that if they sent Forces they would raise Forces to resist them moreover from words they proceeded to action so that within ten dayes time they totally demolished the whole Town of Stantoft and other houses thereabouts to the number of eighty two habitations defaced the Church burnt Stables and Out-houses broke in pieces a Wind-mill destroyed all the Corn and Rape on the ground no less then 3400. Acres so as the dammage at that time was estimated to be 80000. pounds or more Moreover Lilburne with his associates agrees with several men of Epworth that in consideration of 2000 Acres of Land for him and J. W. and 200. Acres to Noddel they would defend them in all those riots and insurrections and maintain them in possession of the rest of the Land this bargain being made Lilburne with Noddel and others came to Stantoft Church on the Lords day and forced the Congregation from thence employing the same to the use of a Stable Cow-house Slaughter-house and to lay his Hay and Straw therein For these tumultuous practices as also for joyning with one Mr. Primate in seeking to defraud the Common-wealth of the Collory of Harraton in the County of Durham the sequestered estate of Thomas Wray Esquire which Mr. Primate pretended a right unto though upon examination it proved otherwise this following Act for his Fine and Banishment was publisht against him Whereas upon the fifteenth day of January in the year of our Lord one thousand six hundred fifty one A Judgement was given in Parliament against the said Lieutenant Collonel John Lilburne for high Crimes and Misdemeanours by him committed relating to a false malicious and scandalous Petition heretofore presented to the Parliament by one Josiah Primate of London Leather-seller as by the due proceedings had upon the said Petition and the Judgement thereupon given at large appeareth Be it therefore enacted by this present Parliament and by the Authority of the same that the fine of three thousand pounds imposed upon the said John Lilburne to the use of the Common-wealth by the Judgement aforesaid shall be forthwith levied by due process of Law to the use of the Common-wealth accordingly And be it further enacted that the sum of two thousand pounds imposed by the said Judgement upon the said John Lilburne to be paid to Sir Arthur Hesilrige for damages and the sum of two thousand pounds likewise imposed by the said Judgement upon the said John Lilburne to be paid to James Russel Edward Winslow William Molins and Arthus Squib in the said Judgement named that is to say to each of them five hundred pounds for their damages shall be forthwith paid accordingly And that the said Sir Arthur Hesilrige James Russel Edward Winslow William Molins and Arthur Squib their Executors and Administrators shall have the like remedy and proceedings at Law respectively against the said John Lilburne his Heirs Executors Administrators and Assigns for the recovery of the respective sums so given to them by the said Judgement as if the said respective sums had been due by several Recognizances in the nature of a Statute Staple acknowledged unto them severally by the said John Lilburne upon the said fifteenth day of January in the year of our Lord one thousand six hundred fifty one And be it likewise enacted by the Authority aforesaid that the said John Lilburne shall within twenty dayes to be accompted from the said fifteenth day of January one thousand six hundred fifty one depart out of England Scotland Ireland and the Islands Territories and Dominions thereof And in case the said John Lilburne at any time after the expiration of the said twenty dayes to be accompted as aforesaid shall be found or shall be remaining within England Scotland Ireland or within any of the Islands Territories or Dominions thereof the said John Lilburne shall be and is hereby adjudged a Fellon and shall be executed as a Fellon without benefit of Cleargy And it is lastly enacted by the Authority aforesaid that all and every person and persons who shall after the expiration of the said twenty dayes wittingly relieve harbor or conceal the said John Lilburne he being in England Scotland or Ireland or any the Territories Islands or Dominions thereof shall be hereby adjudged accessary of Fellony after the Fact And all Judges Justices Majors Bayliffs Sheriffs and all other Officers as well Military as Civil in their respective places are hereby required to be aiding and assisting in apprehending the said John Lilburne and in putting this Act in due execution Lilburne hereupon sets Sail for Holland with a resolution as he set forth in print Never to see England so long as Cromwels hateful and beastly tyranny lasted unless it were in a way to pursue him as the grandest Tyrant and Traytor that ever England bred some report that during his abode there he negotiated with the Lord Hopton Collonel Charles Lloyd and others of the Royal Party that for the sum of ten thousand pounds he would destroy the Lord General Cromwel the Parliament and Councel of State that then sat at Westminster and settle Charles Stuart in his Throne in England or else he would have a piece of him nailed upon every post in Bruges But for the truth of this besides his own denyal I cannot conceive he should have any thought that Party would trust him especially with such a sum of money having before declared himself so great an enemy to the late King But what ever were the motives that induced him resolved he was to come into England again to which purpose he sent Cromwel this introducing Letter For his Excellency the Lord General Cromwel These present My Lord At my discourse with you in your Gallery about four or five moneths ago I had thought I had given your Lordwip so full satisfaction in every thing that might remove all jealousies from you of my disserving you in any kinde that of all men in the Parliament I little imagined to have found your honour to be the principal man to banish me into a strange Countrey where
for the fafety of my life I am forced to print an Apology and because you are named in it I judge it but man-like to send you a Copy of it And if I had not been travelling last post-day I had sent to you then And I have also by this post sent to a friend three sheets of paper in writing to communicate to your Lordship The which if you please to read them you will finde that you are deeply concerned in them I have no more to say to your Honour but to desire God for you if it be his pleasure to make you speedily as righteous in actions as you were some years ago in declarations and to take leave to say I am yet as much honest John Lilburne as ever I was in my life that neither loves flattery nor fears greatness or threatnings His Wife also sollicites the General for a pass which though not granted yet over he comes so confident he was that at Canterbury in his way to London he presently begins to boast of his own interest in England saying He had no need of a pass being as good a man as Cromwel and that he did not fear what he could do unto him Yet notwithstanding his monstrous confidence he was committed to prison and by order of Parliament tryed for his life at the Sessions House in the Old-Bailey August the 20. 1653. where he pleaded that the Act whereupon he was Indicted was a lie a falshood that it had no Law nor Reason in it That the Parliament could not make any Act of Parliament since the Kings head was cut off that by the same Law they voted him to death they might vote his honest twelve Jury men calling Jehovah to witness and protesting before God Angels and Men that he was not the John Lilburne intended in the Act whereupon this Jury following the example of the former satisfied with his answers and not questioning the validity of the Act found him not guilty Thus you see what endeavours were used to rid the Nation of him by tryals banishment and what not though in vain when as many a more heroick spirit and gallant heart far transcending him in birth and parts have fallen by the Sword of Justice in the twinkling of an eye truth it is he was a man of a restless and invincible spirit that could never be deterred with threats nor won with favours though as it is reported 3000. pounds was given out of the sale of Theobalds as a sop to stop his mouth he was questionless of a most implacable spirit working and restless as the Sea not to be appeased but with the blood of his adversaries nor can I deny but some of those things he aimed at were honest and useful for the people but he steered not the right course to attain those ends It may be admired at by some how such an illiterate person as Lilburne one whose breeding promised him more skill in his last trade of Sope then in Cook or to have had better judgement in rusticity in a Plow then in Plowden who from this low rise mounted no higher then to inferiour employments until in the late Wars he somewhat advantaged and preferred himself by his Sword I say it may seem strange to some how this person thus qualified should come to have so much knowledge and understanding in the Law for answer to which it is to be understood that Mr. Lilburne had formerly turned over some Statute Books in which he had made a small progress and that afterwards at such time as he was committed in the Tower there remained a prisoner there though for a different Cause that heart of Oak and a pillar of the Law Judge Jenkins who finding Lilburne of an accute Wit and one who dared to speak what some pusilanimous spirits were afraid to entrust their thoughts with he selected him as fit person to bandy against the present Government and by weakening their power to advance his Masters interest hereupon he helps him with tools wherewith to let up his trade so that in short space Magna Charta and Cooks Institutions were made his familiars by which means he quickly grew so cunning a gamester that like unto a cat throw him never so high he would be sure to pitch upon his feet Thus the old Judge and another reverend Divine in his learned volume of prophecying publisht to hook in the Independant party so strangely mistook themselves as that they could not have done their own cause a greater mischief But the Squib is now almost run to the end of the Rope we shall in the last place present our Proteus in the shape of a Quaker the person that converted him was a single-hearted Shoe-maker as he terms him in his Letter to his Wife which he writ to her from Dover Castle whither he was committed by the Parliament part whereof for your further satisfaction I have transcribed though curtail'd you have Mr. Johns own words to his Wife It is not much material what part of it I begin with such Quaking Cantings being to be read backwards like the Hebrew The contents follow And so in much mercy and endeared loving kindness as God did in my great straits in the Bishops time provide and send unto me a poor despised yet understanding Priscilla to instruct me in or expound unto me his wayes more fully and perfectly whom I am compelled now to tell thee I shall love and respect therefore the longest day I live upon the earth let her continue by whomsoever to be judged never so rigid or contemptible so here at this place he hath also provided for me an Aquila being a contemptible yet understanding spiritually knowing and single-hearted Shoe-maker to do the same now to my spiritual and no small advantage refreshment and benefit by means of all which I am at present become dead to my former bustling actings in the world and now stand ready with the devout Centurion spoken of Acts 10. To hear and obey all things that the lively voice of God speaking in my soul shall require of me upon the further manifestation of whose glorious presence my heart with a watching fear and care desires to wait and to walk faithfully and tenderly and humbly in that measure of light already received c. In another place he thus insinuates with his Wife to gain her to his opinion And now my dear love for whom my soul travels with God for thy eternal good with the same sincere heartedness as for my own hoping that thy late out-fall and mine was but for a set season that so as Divine Paul in another sense speaks Philem. 15. thy reconciliation and mine again might now remain firme in love for ever And a little after I therefore earnestly entreat thee not to cumber thy self in thy many turmoylings and journeyings for my outward liberty but sit down a little and behold the great salvation of the Lord. Subscribing his Letter thus Thine in the strength of
upon the Coast of France as they were returning homewards from the Venetian service richly laden being all men of War of considerable burthens Soon after so great their feud was that the Navies engaged in another Fight at a place called the Kentish Knock wherein the Dutch were again defeated eleven of their men of War set upon four of the English in the Straights took the Phenix Frigot and much damaged the other In a short space after another Sea Engagement ensued on the Back-side of Goodwin Sands wherein the English were worsted four ships taken and a considerable loss of men The greatest fight of all was near the Isle of Wight and Portland wherein the Dutch received a great overthrow fifty Merchants being taken nine men of War above two thousand slain and fifteen hundred taken Prisoners But this great Victory soon after received a check the English Fleet in the Levant Seas being again worsted by the Dutch with the loss of divers ships and men But leaving off these Sea Affairs for a time let us come to General Cromwel from whom I have already been enforced to digress who pretending for the better accomplishing of his own designs the dilatory proceedings pernicious and arbitrary actings in the Parliament to perpetuate their Session to be very dangerous and enthrall the Nation this train of his he knew would take well with the people who were great adorers of the name of liberty and desirous of change he therefore resolved to put a period to the Parliament and accordingly accompanied by the chief Officers of the Army he entered the House and having declared his intentions some by force some through fear and others not without a great deal of reluctancy and murmuring departed the House To set a fair gloss upon what he had done and to give some satisfaction to the people he publishes a Declaration the substance whereof followeth That after God was pleased marvellously to appear for his people in reducing Ireland and Scotland to so great a peace and England to perfect quiet whereby the Parliament had opportunity to give the people the harvest of all their labour blood and treasure and to settle a due liberty in reference to Civil and Spiritual things whereunto they were obliged by their duty engagements and those great and wonderful things God hath wrought for them But they made so little progress therein that it was matter of much grief to the good people of the Land who thereupon applied themselves to the Army expecting redress by their means who though unwilling to meddle with the Civil Authority agreed that such Officers as were Members of Parliament should move them to proceed vigorously in reforming what was amiss in the Common-wealth and in settling it upon a foundation of Justice and Righteousness which being done it was hoped the Parliament would have answered their expectations But finding the contrary they renewed their desires by an humble Petition in August 1652. which produced no considerable effects nor was any such progress made therein as might imply their real Intentions to accomplish what was petitioned for but rather an averseness to the things themselves with much bitterness and opposition to the people of God and his spirit acting in them insomuch that the godly party in Parliament were rendred of no further use then to countenance the ends of a corrupt party for effecting their desires of perpetuating themselves in the supream Government For obviating these evils the Officers of the Army obtained several meetings with some of the Parliament to consider what remedy might be applied to prevent the same but such endeavours proving ineffectual it became evident that this Parliament through the corruption of some the jealousie of others the non-attendance of many would never answer those ends which God his people and the whole Nation expected from them But that this cause which God had so greatly blessed must needs languish under their hands and by degrees be lost and the lives liberties and comforts of his people be delivered into their enemies hands All which being sadly and seriously considered by the honest people of the Nation as well as by the Army it seemed a duty incumbent upon us who had seen so much of the power and presence of God to consider of some effectual means whereby to establish righteousness and Peace in these Nations And after much debate it was judged necessary that the Supream Government should be by the Parliament devolved upon known persons fearing God and of approved integrity for a time as the most hopeful way to countenance all Gods people reform the Law and administer Justice impartially hoping thereby the people might forget Monarchy and understand their true interest in the election of successive Parliaments that so the Government might be settled upon a right Basis without hazard to this glorious cause or necessitating to keep up Armies for the defence of the same And being still resolved to use all means possibly to avoid extraordinary courses we prevailed with about twenty Members of Parliament to give us a conference with whom we plainly debated the necessity and justness of our Proposals The which found no acceptance but instead thereof it was offered that the way was to continue still this Parliament as being that from which we might probably expect all good things This being vehemently insisted on did much confirm us in our apprehensions That not any love to a Representative but the making use thereof to recruit and so to perpetuate themselves was their aim in the Act they had then under consideration For preventing the consummating whereof and all the sad and evil consequences which upon the grounds aforesaid must have ensued and whereby at one blow the interest of all honest men and of this glorious Cause had been endangered to be laid in the dust and these Nations embroyled in new troubles at a time when our enemies abroad are watching all advantages against and some of them actually engaged in War with us we have been necessitated though with much reluctancy to put an end to this Parliament This Declaration was seconded by another for settling a Councel of State to give some satisfaction to the people what Government they intended which Declaration for the Readers further satisfaction take as followeth Whereas the Parliament being dissolved persons of approved fidelity and honesty are according to the late Declaration of the 22. of April last to be called from the several parts of this Commonwealth to the Supream Authority and although effectual proceedings are and have been had for perfecting those Resolutions yet some convenient time being required for the assembling of those persons it hath been found necessary for preventing the mischiefs and inconveniences which may arise in the mean while to the publick Affairs that a Councel of State be constituted to take care of and intend the peace safety and present mannagement of the Affairs of this Commonwealth which being settled accordingly the same is hereby
his first principles of self-denying he having before waved many advantages of the times to make certain his Protectorship which was to grasp all at once The Articles of the Government to which he signed are as followeth 1. That his Excellency be chief Protector of the three Nations of England Scotland and Ireland 2. That he will call to his assistance Councellours not under the number of thirteen nor above twenty one 3. That he shall not act without the advice of his Councel 4. That there shall be every three years a Parliament called freely chosen to begin in September next viz. four hundred and the number for every County proportionable 5. That no Parliament shall adjourn till they have sat above five moneths 6. When ever any Bill is passed in Parliament the Lord Protector shall have twenty dayes to advise with his Councel if he sign it not in twenty dayes it shall pass without unless contrary to these Articles 7. That no Parliament be dissolved by the Protector but end every three years and the Protector to issue out Warrants 8. All the Crown Revenues left to go to the maintenance of the Lord Protector 9. To make Peace or War as he pleaseth with the advice of his Councel in the intervall of Parliaments but not to raise money without the Parliament unless in extraordinary causes 10. Whatsoever goes out in the name of the Keepers of the Liberties of England to go out in the name of the Lord Protector 11. That it is treason to speak against the present Government 12. That all forfeited and confiscated Estates go to the maintenance of the Lord Protector 13. That all Acts of Parliament made and Estates sold stand good and be enjoyed 14. That the Lord Protector have power to confer titles of Honour and to dispose of the great places of trust 15. That in the intervall of Parliaments the Lord protector with his Councel do order the Affairs of the Nation 16. That all Articles of War be kept 17. That the known Laws of the Common-wealth be continued 18. That a standing Army be maintained of ten thousand Horse and twenty thousand Foot 19. That Christian Religion be maintained such as is contained in the Word of God 20. That all persons shall have Liberty of Conscience provided that they disturb not the Civil Government except the Popish and Prelatical party 21. That no Papist or Delinquent in Arms since the year 1649. elect or be elected a Parliament Man under penalty of forfeiture of one years revenue and the Moiety of his personal Estate 22. That the Lord Protector have power to pardon all offenders except Murther 23. That Writs be issued out in July next for summoning the Parliament either by the Protector or in course 24. That when the Protector dyes the Council then sitting shall summon all the members of the Council the Major part to elect one to be Protector before they stir out of the Council Chamber and the person so chosen not to be under the age of twenty one years nor of the family of the Stuarts These Articles sworn to he was proclaimed Lord Protector in the Palace-yard at Westminster and by the Lord Major and Aldermen in their Scarlet Gowns at the Royal Exchange who to ingratiate themselves with their new Governour bestowed on him a costly feast at Grocers Hall it is an usual observation that persons that make their wayes with their Swords that their shows to take the people generally are more stately then those of successive Princes what he admitted of as with his own permission was nothing to those dutiful solemnities that pursued his memory without dispute he had studied the art and ordinance of self-denying insomuch that the Parliament perceiving that he did but complement his Generalship which he might with fafety and most right have accepted they pressed him the less as he seemed to push away that with his little finger that they were certain he was ready to grasp with both his hands this was not so miraculous in him according to that of Ovid. Os homini sublime dedit caelumque videre Jussit erectos ad sydera tollere vultus The greatest admiration that hath surprised me hath bin what in the compass of a year I have observed the tides and streams of petitions out of most Counties that at the first rise or promise of greatness have pursued every alteration as party-coloured as Josephs Coat and as variable as the Rainbow it is not to be depictured how Janus-faced they have been on all occasions with how many religious expressions and wishes they have made their addresses and masqued their self-interests if it were possible in so short an interim of time at once adoring so many rising Suns I shall reflect no otherwise on such confused transactions then in the citation of a Verse which the Reader may understand as he pleases Pope Innocent the chief of all the rout Answer'd his name but how if In were out Since I have so strangely digressed it will not be amiss to take notice of a book lately come forth intituled History and Policy reviewed concerning the political transactions of the Protector publisht in a strange name written in the stile of the holy Court in which the Author undertakes a prodigious enterprise to compare Cromwel to Moses his pen is too palpably fraught with flattery yet not without unparalleld subtilty he having like the little Indian Gentleman in the short jacket pickt the verminout of Nic. Machiavels head for his use throwing of one side principals honester then this own Machiavel never so disguising himself with the vizard of Religion that he appears to be an arranter devil then the Florentine certain I am that I never read a book that more pleased or dispeased me But to proceed at his first instalment Heavens bless us immediately follows a plot miraculously discovered eleven of the grand conspirators being apprehended were committed to the Tower where having remained a while they were again set at liberty This web was not well spun his spies and informers which he entertained at a vast expence put on their spectacles that they might see better against the next occasion In the interim the Scots under the Earls of Glencarne and Kenmore raised another Army of 4000. Horse and Foot but were soon dissipated by the vigilancy of Collonel Morgan who after a short but smart fight killed one hundred and fifty of them and defeated all the rest Suspicions are necessary allarms as they at least suffer persons not to be overtaken with too much security of their affairs Another great plot was now again discovered the chief conspirators were said to be Mr. Thomas and John Gerrard Brothers John Jones an Apothecary and Thomas Tender Somerset Fox and Master Peter Vowel who were all condemned but two onely suffered viz. Mr. Vowel who was hanged Also about the same time the Portugal Ambassadors Brother was brought to his tryal for the pistolling of one Mr. Greenwood
commanding wise deportment that at his pleasure he governed and swayed the House as he had most times the leading voice Those who finde no such wonders in his speeches may finde it in the effect of them most of the people he was concerned in being as they term it enemies to book learning and whosoever should endeavour with an eloquent oration or otherwise go about to reconcile them make them friends should make them enemies such great adorers are they of the Scripture phrase though but little practisers such as our late times have brought forth Indeed he usurpt his holy oyl quotations very frequently which was so advantageous to his designs that Cicero and Demosthenes with all their Tropes and Figures could never have so perswaded and moved the people as he with one Text of Scripture aptly applyed the Dove and the Serpent of Scripture and some small parcel of policy to what he intended slily intermixed But his side standing in more need of action then eloquence he quitted the House and betook him to the Field to manifest his courage as well as his eloquence maintain by his deeds what his words had introduced Having raised a Troop of Horse at his own costs and charges he marched against the Muses to Cambride whereof he was Burgess seizing on a very considerable sum of money and plate which the Colledges had raised and were sending away unto Oxford which as it was very advantageous to his own side money being the very life and sinews of War so d d it much weaken the adverse party who had alwayes great want of it The Parliament having on their side the rich City of London that inexhaustible bank of treasure By this means he strengthened himself with sufficient aids to oppose the Lord Capel who was to have been seconded by Prince Rupert and should have seized on Cambridge thereby to have impeded the association of the adjoyning Counties for the Parliament He being advanced from a Captain to a Collonel having compleated a Regiment of Horse to the full number of a thousand men in the Spring of the year he marches to Lowerstoft in Suffolk where he suddenly surprized Sir Thomas Barker Sir John Pettas his Brother with above twenty other persons of note who were entring into an association for the King several persons of quality and divers Noblemen hourly flocking to that rendezvouz this other service was very seasonably rendered to the Parliament the Kings Party both in Suffolk and Norfolk being much discouraged by this success Having by new raised aids inforced his Army to a very considerable strength he marched into Lilcolnshire with a resolution to assist those Forces which lay about Newark a very strong and stout Garrison of the Kings where by their daily excursions they kept all the Countrey thereabouts in awe which he not onely blocked up but also defeated part of the Earl of Newcastles Army which came to relieve them I shall not need to particularize all his actions his other intervening Atchievements are more at large related in the Life of King Charles To look forwards onely to mention the Battel of Marston Moor where by his valour he turned the scales of Victory which at the first enclined to the Kings side as also at that fatal Fight at Naseby where the Kings Foot were all cut in pieces or taken Prisoners His memorable discomfiture of the Kings Forces at Preston in Lancashire over Duke Hamilton and Sir Marmaduke Langdale the last of them as valiantly faithful to the King as the other was disloyal their united Forces amounting to twenty five thousand his not above ten thousand at most although indeed he found little opposition save onely of those few Forces of Sir Marmaduke Langdales who fought it out courageously to the last man Should I thus continue to signalize his Trophies I might tire out the Reader with his strange Successes let it suffice then that his actions with such fame arrived at the House that in recompence they first bestowed on him the Generalship of the Horse and afterwards the Lieutenant Generalship of all the whole Army Certainly if his ambition had terminated here and his wonderful successes had not raised his thoughts higher if he could not for his Martial merits have been beloved he had power enough to have rendred himself-safe and for his valiant Atchievements fear'd honour'd and admir'd Raised to this degree of Command he was more careful of hazarding his person then before well knowing the loss of a General is the most irreparable of all losses for him to expose his person to trivial hazards in the breath of whose nostrils the victorious Atchievements of the Souldiers remains is too impertinently adventerous as if 't were more glorious to fight then command whereas that is more especially the vertue of a common Soldier this other of a Leader whose principal talent lies more in direction then execution more in the brain then hand thus that ever to be deplored Laureat of our times the Gentleman of the long Robe the Oracle of the Kings Councels the Lord Faukland was as unfortunately lost as unnecessarily engaged in the Field But to proceed he grew so subtilly careful as to maintain a fair correspondency there was no place taken no Battle won but he was the first that brought or sent word to the House by which he insinuated himself into the affections both of the Parliament and People expressing his own actions in such terms as whilest he seemingly attributed much to others he drew the whole commendation thereof to himself One thing that made his Brigade so invincible was his arming them so well as whilest they assured themselves they could not be overcome it assured them to overcome their enemies He himself as they called him Ironside needed not to be ashamed of a Nick-name that so often saved his life These were his acts whilest Lieutenant General by which he got so great a name in War as Essex Waller and those other great names before him excepting onely Sir Thomas Fairfax's Laurels which were interwoven with his the rest were swallowed up in his most inimitable successes even as great Rivers are swallowed up by the Ocean For the rest of his actions whilest he was General Itis conquering Ireland his subduing Scotland the many other Battles he fought till his finishing the War in England To treat also largely of these his Trophies would weary the pen of a serious though industrious Writer that sadly considers the incivility of those late Civil Wars howsoever they were strange successes and so many that as a Modern Poet agrees with what I have expressed It were a work so great Would make Olympus bearing Atlas sweat I shall therefore summarily relate the most notable Occurrences then happening leaving the less Affairs to be related by more voluminous Authors No sooner were the Civil Wars of England terminated by the discomfiture of all the Kings Armies the taking of his own person and putting him to death but the
Parliament by a solemn Vote and Ordinance changed the Monarchical Government into a Commonwealth The Kingdom of Ireland discontented at this change uniting themselves wned the late Kings eldest Son and solemnly proclaimed him King no place considerable standing out for the Parliament saving onely Dublyn and London Derry the first whereof was immediately besieged by an Army of two and twenty thousand men commanded by the Marquess of Ormond and the other by a considerable party of the Natives of the Countrey To the reducing of this Kingdom was Oliver Cromwel nominated Governour of Ireland by the Commonwealth who with a well appointed Army set sail for Dublyn where although he found things in an indifferent good posture the Marquesse of Ormond having been beaten off by the valour of Michael Jones the Governour yet he met with work enough for his Army for Droghedah one of the best and considerablest places in all Ireland held out stiffly against them and having a strong party bid defiance to his Army yet notwithstanding after many assaults and much valour shown on both sides he at last took it putting therein to death three thousand Irish who though enemies yet for their valour and undaunted resolution might have been lookt on with a more merciful eye as they were men and more especially Christians Soon after followed the surrender of Trim Dundalke Nury Wexford Rove Bandonbridge and Kingsale yet notwithstanding the reducing of these Towns many of the Irish retreating to their Bogs and inaccessible places held out for a long time in despite of the English To proceed not onely the Irish shewed their dislike of this change of Government but also the Collonies in Virginia and the Carybde Islands to the reducing of whom the Parliament sent Sir George Askue with a Fleet of ships who brought them again into obedience In the mean time the Scots were very busie they had commenced a Treaty with Prince Charles at Breda which at last was concluded on he assenting to their Presbyterian Government and they to install and reestablish him in that Kingdom and in the other accordingly as they questioned not but Fortune would answer their blinde zealous Covenant expectations The Prince puts forth to sea and in despite of foul weather and the English King fishers that lay there to intercept him he landed safely at the Spey in the North of Scotland now though the Scots had a King yet as if they had none every one did that which was right in his own eyes and as if they intended him onely the Title being now in their power they forced him to follow the dictates of their haughty Cleargy in all their fanatick humours and imperious decrees First then they bereaved him of all his old Friends Councellours and Confederates whether of the Cleargy or Layety as those who adhered to Episcopal Government and so not pure enough for so reformed a people Thus they hamstringed him not as what was formerly in the sign-post onely of printed papers Next they make him take the Solemn League and Covenant that strange fire which the Scotch believe descended from Heaven and by which they at their pleasures kindle those Wars wherewith they infest England then these Horse Farriers of the Conscience gave him another drench he is taught to renounce the sins of his Fathers house and of his own the Idolatry of his Mother by a constant adhering to the cause of God according to the Covenant in the firm establishment of Church Government as it is laid down in the Directory for publick Worship Confession of Faith and Catechisme These with divers others of the like nature they wrought so on his necessity they obtruded or rather rammed into his conscience although with much reluctancy he signed to making many strange faces at these bitter pills he swallowed yet it bettered not his condition which was like that of a childe under Tutours and Governours for there was not an Officer in that Kirk or Commonwealth how vile and abject soever in place or person but enjoyed more freedom both in body and minde then he Guarded indeed he was but no otherwise then he was surrounded with the ignis fatuus of their zealous suspitions of him so that move he must not but in the Sphere of the Kirk their primum mobile whereby its apparent that the Government of that Nation might be almost questioned whether it ever were truly Monarchicall though they had Kings To proceeed the Parliament having notice of all their proceedings recalled General Cromwell out of Ireland making him Generalissimo of the Commonwealths Armies in the Lord Fairfax his stead who at the same time laid down his Commission he with a choice Army marches into Scotland and after many petty defeats gives them a great overthrow at Dunbar September 3. 1650. and prosecuting his victory takes Leith a very considerable and advantageous place as also Edenburgh the Metropolitan City of all Scotland Thus he set firm there his sword hewing his way for him to conquer that Countrey which the King lost by his pen. Now were the Scots truly miserable for besides a raging enemy in the very heart of their Kingdom they were miserably divided amongst themselves even to the killing and slaying of one another one party in the North was for the King without the Kirk another party in the West was for the Kirk without the King a third party was for King and Kirk yet notwithstanding these losses and divisions they assumed new courage levyed more men and Crowned their King with the greatest magnificence as the indigency and necessity of their Affairs would permit The English on the other side being resolved to terminate this War with Scotland passed over into Fife and having defeated four thousand Scots they soon became Masters of Inchigravy Brunt-Island and St. Johns Town mean while the Scots Army consisting of 16000. abandoned their own Territories and by the way of Carlisle entred England General Cromwel advertised hereof leaves Collonel Monk with 7000. men in Scotland to perfect the conquest of that kingdom and with the rest of the Army pursues the Scots who wheresoever they came proclaimed their King to be King of Great Brittain France and Ireland c. But few stirred unto their aid amongst others the unfortunate Earl of Darby who having assembled 1200 men in Lancashire was defeated by Collonel Lilburne and to save himself was constrained to flee to Worcester where the Scots after a long and tedious march had pitched their Camp whither General Cromwel soon pursued them and having the aid of the Train Bands of several Counties gave them Battel which proved fatal unto the Scots their whole Army being overthrown The King in a disguise escaped into France not without much difficulty and danger the Parliament having promised five hundred pounds to any one that could discover his person Such a list of prisoners as were then taken we shall seldome meet with in any Battle but Cromwels The Earl of Darby the Earl