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
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
the rumours of the people concerning his Fathers death a War is proclaimed against Scotland to revenge those overthrows the English had received from their valiant Chieftain King Robert le Bruce but by the treason of the Lord Mortimer who is said to have received bribes from the Scots the journey proved unsuccessful the young King hardly escaping with life for one Sir James Dowglass a valiant Scot with 200 light horses assailed the Kings own Pavilion where the King was so near death that a Chaplain of his who stoutly behaved himself was slain in his masters defence and Sir James retired from thence with safety These treasons of the Lord Mortimer together with his excessive pride and over much familiarity with the Queen-Mother made him so distasteful unto the Lords that notwithstanding his strong guard consisting of no less then ninescore Knights he was by the young King and the confederate Lords surprized on a sudden at Nottingham Castle from thence removed to the City of London condemned of treason and executed at the common Gallows And here may the King be said to begin his Reign living before at the Queen and the Lord Mortimers allowance which was onely the third part of the Revenews of the Crown which now he assumeth all to himself putting the Queen to a pension of a thousand pounds a year and confining her to a Castle all the dayes of her life such was the miserable condition of this wretched Woman the Daughter Sister Wife and Mother of a King as one of our Moderns hath it So true is that the wise man once did say That none are happy till their dying day King Edward having thus raised himself would next out of Charity help his Neighbour Edward Baliol Son to John Baliol sometimes King of Scotland having remained in France two and thirty years comes over into England whom King Edward aids against his Brother in Law King David who at that time was with the King of France at Hallidown-Hill where he utterly defeats the whole power of Scotland slew of them 7. Earls 90. Knights and Banerets 400. Esquires and 32000. common Souldiers causing Baliol to be Crowned King doing homage to King Edward as his superior Lord for which though he had the Knees he had not the Hearts of his people who would be subject to none that were subject to another But these were but petty actions scarce worth the rehearsal considering what he performed afterwards his endeavours for the French Crown which that I may in order describe I will begin with the original cause of this invasion King Phillip of France dying without issue the right of succession unto that Crown belonged to King Edward as nearest in blood being his Sisters Son but Philip of Valois the Heir to Charles a former King usurps the Crown pretending a Law which they call Salique wherein Females are debarred from inheritance or as they term it the distaff from meddling with the Crown according to that in the 6. of Matthew Consider the Lillies the arms of France how they grow they toil not neither do they spin Philip hereupon summons Edward to do homage for the Lands he held in France which though prejudicial to his after claim yet in regard his Kingdome of England was scarce well settled and himself but young he was contented to do but this his Homage was exacted with such pride on the French Kings part that it left a rancour in his heart for ever after so that returning into England he studies revenge nor long wants he an instrument to spur him on for one Robert of Arthois being banished out of France comes over into England and becomes an incendiary betwixt the two Kings this fugitive King Edward entertains makes him Earl of Richmond and one of his Council then passing over into Flanders by perswasion of the Flemings he takes upon him the Stile Title and Arms of the King of France who hereupon establish a League with him accounting themselves disobliged of the Bond of tweny hundred thousand Crowns which they had entred into never to bear Arms against the King of France confederating himself with them and many other Princes with a well selected army he enters France King Philip on the other side was not idle but draws to his part the King of Bohemia the Bishop of Leige Earl of Luxembourge Henry Count Palatine Aubut Bishop of Metz Otho Duke of Austria Ame Earl of Geneva with many other and with a mighty Army confronting King Edward near to Vermandeis who notwithstanding part without doing any thing worth the relating unless we should relate what to some way seem ridiculous A Hare starting out before the head of the French Army caused a great shout to be made whereupon they who saw not the Hare but onely heard the shout supposing it to be the onset to the Battel disposed themselves to fight and fourteen Gentlemen for encouragements sake as the custom is were Knighted called afterward in merriment Knights of the Hare King Edward returning into England left the Earls of Salisbury and Suffolk in Flanders to oppose the French who having performed many great exploits in an encounter near Lisle were both taken prisoners King Edward to repair this loss prepares again for France to impeach whose landing King Philip had provided a Navy of 200. sail whereof when Edward was advertised he prepares the like number of ships to encounter with them and sets out to Sea upon Midsummer-eve the next day Sir Robert Morley brings an addition to his Fleet which joyned together set upon the French in the Haven of Sluce defeated their whole Navy took and sunk all their Ships and slew thirty thousand of their men as a Poet versifies on those times Thus Salsburies and Suffolks loss which they Receiv'd on Land at Sea was washt away Many of the French to escape killing drowned themselves trusting to the mercy of the Waves rather then to the pitty of the English which made the French Kings Jeaster set on to give him notice of this overthrow to repeat often in the Kings hearing Cowardly English men Dastardly English men Faint-hearted English men and being by the King asked the reason why Because said he they durst not leap out of their Ships into the Sea as our brave French men did by which speech the King came to have knowledge of their overthrow The French lay the blame of this defeat on one Buchet who having a chief command in the Navy armed his ships with men of base condition content with small pay and refused Gentlemen and sufficient Souldiers in regard they required greater wages according to the old Law When covetous Chiefs are sparing of their Crowns Few Souldiers will be prodigal of wounds Edwards Wings thus plumed with Victory he flies amain to the Siege of Tournay with an Army of five and fifty thousand where he is encountred by the Duke of Burgandy and Earl of Armigniack who slew four thousand of his men upon the place
be taken pro Confesso and the Court ot proceed to Justice The President repeats in brief the passages of the last day and commands the King to answer to the Articles of the Charge unless he had rather hear the Capital Sentence against him The king persists to interrogate concerning the Cause and sayes That he less regards his life then his Honour his Conscience the Laws the Liberties of the people all which that they should not perish together there were weighty reasons why he should not prosecute his defence before the Judges and acknowledge a new form of Judicature for what power had ever Judges to erect a Judicature against the King or by what Law was it granted sure not by Gods Law which on the contrary commands obedience to Princes nor by Mans Laws the Laws of our Land sith the Laws of England enjoyn all Accusations to be read in the Kings Name nor do they indulge any power of judging the most abject Subject to the Lower or Commons House neither lastly their Power flow from any Authority which might be pretended extraordinary delegated from the people seeing ye have not askt so much as every tenth man in this matter The President interrupting his Speech rebukes the Kings and bids him be mindeful of his doom affirming once more that the Court was abundantly satisfied of their Authority nor was the Court to hear any reasons that should detract from their power But what sayes the King or where in all the world is that Court in which no place is left for reason Yes answered the President you shall finde Sir that this very Court is such a one But the King presses that they would at least permit him to exhibit his reasons in writing which if they could satisfactorily answer he would yield himself to their Jurisdiction Here the President not content to deny grew into anger demanding the Prisoner to be taken away The King replied no more to these things then Remember sayes he this is your King from whom you turn away your ear in vain certainly will my Subjects expect Justice from you who stop your ears to your King who is ready to plead his Cause The Saturday after the 27. of January before they assembled sixty eight of the Tryers answered to their names The President in a Scarlet Robe and as the King Came the Souldiers cryed out for Execution of Justice The King speaks first and desires to be heard a word or two but short and yet wherein he hopes not to give just occasion wherein to be interrupted and goes on A sudden Judgement sayes the King is not so soon recall'd But he is sharply reproved of contumacy The President profusely praises the patience of the Court and commands him now at length to submit otherwise he shall hear the sentence of of death resolved upon by the Court against him The King still refuses to plead his Cause before them but that he had some things conducible to the good of his people and the peace of the Kingdom which he desires liberty to deliver before the Members of both Houses But the President would not vouchsafe him so much as this favour least it should tend he said to the delay and retardation of Justice To which the King replies It were better to sustain a little delay of a day or two then to precipitate a Sentence which will bring perpetual Tragedies upon the Kingdom and miseries to Children unborn If sayes he I sought occasion of delay I would have made a more elabourate contestation of the Cause which might have served to protract the time and evade at least the while a most ugly sentence but I will shew my self a defender of the Laws and of the Right of my Country as to chuse rather to dye for them the Martyr of my People then by prostituting of them to an arbitrary power go about to acquire any manner of liberty for my self but I therefore request this short liberty of speaking before a cruel Sentence be given for that I well know 't is harder to be recall'd then prevented and therefore I desire that I may withdraw and you consider They all withdraw the King into Cottons House and the Tryers into the Court of Wards and in half an hour return The President as he had begun so he proceeds into a premeditated Speech to hasten Sentence which the King offers reason to forbear whilest he might be heard before his Parliament and this he requires as they will answer it at the dreadful day of Judgement and to consider it once again But not prevailing the President goes on wherein he aggravates the Contumacy of the King and the hatefulness of the cimes he asserts Parliamentary Authority producing Examples both Domestick and Forreign c. his Treasons he stiles a breach of Trust to the Kingdom as his Superiour and is therefore called to an account minimus majorum in Judicium vocat his murthers are many all those that have been committed in all the War betwixt him and his people are laid to his charge all the innocent blood which cannot be cleansed but by the blood of him that shed the blood So then for Tyranny Treason Murther and many other crimes he wishes the King to have God before his eyes and that the Court calls God to witness that mearly their Conscience of Duty brings them to that place of this employment and calls for Gods assistance in his Execution The King offered to speak to these great Imputations in the Charge but he was told that his time was past the Sentence was coming on which the President commanded to be read under this form Whereas the Commons of England have appointed them an High Court of Justice for the Trial of Charles Stuart King of England before whom he hath been three times convented and at the first time a Charge of High Treason and other Crimes and Misdemeanours were read in the behalf of the Kingdom of England c. To which Charge he the said Charles Stuart was required to give his answer and so exprest several passages at his Tryal in refusing to answer for all which Treasons and Crimes the Court doth adjudge that the said Charles Stuart as a Tyrant Traytor Murtherer and Publique Enemy shall be put to death by the severing his Head from his Body This Sentence sayes the President now read and publisht is the Act Sentence Judgement and Resolution of the whole Court to which the Members of the Court stood up and assented to what he said by holding up their hands The King offered to speak but he was instantly commanded to be taken away and the Court brake up After the Sentence the King was hurried away mockt and reviled by the Souldiers they puft their Tobacco in his face no smell being more offensive to his father and him such as saluted him they bastinadoed one that did but sigh God have mercy they cane'd they intrude almost into his Closet hardly permitting him
gave himself over to all licentiousness whilst Warwick had made his faction not onely mighty but monstrous being compacted of several natures for into conspiracy of this great enterprize he had drawn off the Cleargy and the Laity and most of them of affections most opposite The Archbishop of York was the principal mover because he mov'd upon the soul and made treason an act of Religion the easie multitude who build their faith upon the man not the Doctrine thinking it meritorious to rebell in regard his function seem'd to give authority to the action With him a greed the Marquess Mountague and many eminent persons of King Edwards Court whom either desire of War having never lived but in the troubled Sea of discord or want of expected recompence rendered discontented All the partakers in the calamity of the house of Lancaster most passionately at first overture embraced this motion amongst whom was Henry Holland Duke of Exeter who after his ruine with the fall of Henry the Sixth was reduced to such extremity that ragged and bare-footed he begg'd for his meat in the Low-Countries But the wonder of the world then was at the powerful sorcery of those perswasions which bewitcht the Duke of Clarence the Kings Brother to this conspiracy to whom the Earl of Warwick to tye him the faster to his side gave him in marriage the Lady Isabel his daughter and coheire to the rich Earldom of Warwick for consummation whereof they sailed over to Calice of which Town the Earl of Warwick was Captain and in which the young Lady then remained with her Mother Soon was the Ceremony past and soon did the Earl invite his Son-in-law from the softness of the Nuptial Dalliance as who had contrived this marriage for business not for pleasure and design'd the first issue of their embraces to be a monster and the most unnatural one War between Brothers Warwick having thus politickly order'd things that he left little or nothing to fortune with his Son-in-law returns to England where against his return the Archbishop of York with some other of his friends had raised a potent Army to oppose whom on Edwards side assembles a mighty power under the conduct of the Earls of Pembroke and Devonshire but they falling out at Banbury upon a trivial occasion made way for the enemy to conquer them both This overthrow was seconded with a great loss at Grafton in Northamptonshire wherein the Earl Rivers and the Lord Widdevil Father and Brother to the Queen were taken and barbarously beheaded Edward nettled with these losses raises what power he could and marches against Warwick whose pretence being that of all Rebells The good of the Kingdom yet to avoid effusion of blood seemingly is very desirous of peace but when with several overtures he had lulled the King in security in the dead of the night he sets upon his Army kills the watch and surpriseth his person buried in a careless sleep Warwick having thus gotten the prey into his hand he so long desired sends him prisoner to Middleham Castle in Yorkshire there to be kept by his Brother the Archbishop of that Sea but King Edward being of another temper then his predecessour Henry not enduring Captivity soon found a way for his own liberty for having gotten licence to hunt in the adjoyning Park he so contrived with Sir William Stanley and Sir Thomas Burgh that with a selected number they came to his rescue and took him away from his weak guard the Lord Hastings joyning to them with some forces he had raised about Lancaster they march directly to London where they were entertained with great expressions of joy The Earl of Warwick who upon the taking of the King had disbanded his Army hearing of his escape was almost distracted with a thousand several imaginations but soon by letters to the Lords of his faction he reassembles his forces and marches against the King but thorow the solicitation of some persons inclinable to peace an enterveiw was agreed on in Westminster Hall and oaths for safety being past on both sides accordingly they met but such intemperance of Language past at their meeting as rather aggravated then allayed their anger so that now they resolved the Sword alone should decide the controversie The Earl of Warwick leaving his Army under the command of Sir Robert Wells whilst he himself went to raise more men King Edward neglecting not the opportunity whilest they were thus disjoyned gives them battel and overthrows them with the loss of ten thousand of their men Sir Robert Wells was taken prisoner and soon after beheaded This overthrow struck Warwick to the heart so that having not sufficient force to withstand the King he with the Duke of Clarence sail over into France with which King as also with Queen Margret who then remained in the French Court they entred into a combination for the deposing of King Edward and setting up again King Henry And that there might not be left any tract of former discontent or path to future jealousie a marriage was concluded and celebrated between Prince Edward the Queens Son and the Lady Anne younger daughter to the Earl and for want of issue of these two the Crown to come to Clarence and his posterity Matters thus concluded and the French King supplying them with money they return into England to whom flocked almost all the Lords the Commonalty also desirous of innovation adhered unto them so that King Edward seeing himself in a manner wholly abandoned was forced to quit the Land and sail into Holland And now notwithstanding his former hostility with him Warwick restores King Henry to all his former dignity and honour a Parliament is called wherein nothing is denyed which the prevailing party thought fit to be authorized King Edward condemned for a Tyranous Usurper and all his adherents attainted of high treason the Crown is entailed upon King Henry and his Heires Males for default of which to George Duke of Clarence and his Heires for ever The Earls of Oxford and Pembroke and many others restored to their estates and titles the Duke of Clarence put in possession of the Dutchy of York and lastly the Government of the King and Kingdom committed to the Duke of Clarence and Earl of Warwick so that King Henry possest no more then the name of King and seem'd not to be set at liberty but to have changed his keeper King Edward in the mean time having hired four great Holland Ships and fourteen Easterling men of War transports his Army over into England which consisted of two thousand Dutch men and such English as accompanied him in his flight or had escaped over after him at Ravenspur in Yorkshire he landed from thence he marched to York but finding in every place where he came the people generally devoted to the House of Lancaster he fashioned his behaviour to a new art and solemnly took his oath that his intentions was not for the recovering of the Crown but
to Deureux he did see Thy beauties Cales but Deureux conquer'd thee The whole Navy returning home safe crowned with victory and laden with spoils yet seemed the revenge far less then the injury offered by the Spaniard wherefore the next year a third voyage was undertaken whereof the Earl of Essex was made commander in chief Their design was to intercept the Indian Fleet in their return into Spain many of the Nobility and principal Gentlemen accompanied the Earl in this expedition The ninth of July 1597. they set sail from Plimouth directing their course to Feral and the Groyne but God as a worthy Author interprets was so displeased at these nations enmities that they had not sailed forty leagues but they were encountred with such a terrible tempest that the Marriners themselves were at their wits end and the Fleet had much adoe to recover Plimouth And attempting to set out the second time the winde fell so cross that for a whole moneths time they could not get out of the Haven The 17 of August they again hoise sail but before they came in view of Spain they were disperst by another horrible tempest in which they lost two of their ships The 15 of September they fell into the Isles of Flores Evernes Fyal and Pike all which submitted themselves to the Earls devotion afterwards they sailed to Gratiosa whose inhabitants submit and finde mercy here would the Earl have tarried in expectation of the Indian Fleet had he not been most unluckily disswaded by Graves his Pilot for no sooner was he gone but the American Fleet came by wherein were forty ships and seven of them laden with Treasure these fearful sheep hearing the English wolves were abroad loath to lose their golden fleece sailed with all speed they could to Tezcera where they gained the Haven all but three ships which the English took the rest securing themselves in the Port which being impregnable The English sail from thence to Sain Michaels where they took Villa Franca a fair Town well stored with Merchandize wine wood and corn here they tarried six dayes during which space a Caraque coming out of the East-Indies and perceiving the English were there ran her self ashore unloaded her Merchandize and then fired her self October the ninth they hoist sail for England but in their passage were assailed by such a tempest that quite lost them the sight of the Spanish Fleet who likewise suffered much by the same tempest for one of their ships was cast upon Dartmouth the Souldiers and Marriners half starved in her who upon examination confessed that the Spanish Fleets intention was to seize upon some Haven in Cornwall which being nigh the mouth of the Chancel might be convenient to receive Forces from Spain but man proposeth and God disposeth for the divine providence frustrated the designs both of the Spaniard and the English The Earl of Essex upon his return was created Earl Marshal of England Hitherto have we beheld our Earl ascending the zenith of Honour but favourites of great Princes are seldom without parasites who wanting true worth in themselves make a ladder of mischief to climbe up to promotion these buz into the Earls head strange fancies and chymaera's that his deserts were far greater then his rewards that during his absence Sir Robert Cicill was made Chancellour of the Dutchy of Lancaster and Charles Lord Howard created Earl of Nottingham with relation in his pattent to the Victory in eighty eight and his good service at Cales that he was descended of the blood royal of Scotland and England and had better right to the Crown then any other of the compettitors This puts the Earl upon indirect courses and though he cannot attain to be King of England he seeks to be made a petty King of Ireland the state of which Countrey ordained to be the Sepulchre of his Father and the gulf of his own fortunes was at that present in a dangerous condition by reason Tir Oen a notorious rebell had lately atchieved such a victory with so great loss to the English as they had never felt the like since they first set footing in Ireland Whereupon a serious consultation was held on whom to send to quell the rebels Essex though he seemed not to desire the employment yet still was ready with his exceptions if any other were nominated at length it was concluded that he should be the man and an Army of twenty thousand foot and thirteen hundred horse alotted unto him with these and a great retinue besides of the Nobility he passeth into Ireland His first action after his arrival was against the Petty Rebels in the Province of Mounster contrary to his Commission which was to go immediately against Tir Oen himself but men who prefer their private fancies before publique Instructions seldom attain to their wished desires For notwithstanding he took the Castle of Cahir and drove the Rebels into the Woods and Groves adjoyning his Forces by this means were so impaired that the gain did not countervail the loss wherefore sending for fresh supplies out of England in the mean time he sendeth directions to Sir Coniers Clifford President of Connaught to set upon the Rebels in one place thereby to sever their Forces while he assaulted them in another This counsel though good yet found ill success Clifford with fifteen hundred Souldiers marching towards Belike set upon the Rebels but the Fight continuing long and the English wanting Powder were put to flight Clifford himself and many of the old Soldiers being slain In the mean time Essex receiveth fresh Forces out of England and withall a check for neglecting the Queens Command wherefore at length he setteth forth towards the borders of Vlster with thirteen hundred Foot and five hundred Horse Tir Oen not able to match him in power yet seeketh to over-match him in policy and by his Messenger desireth a parley Essex mistrusting not the poyson in the bate condescended appointing the shallow of Balla Clinch for their meeting place thither came Essex alone with whom Tir Oen had private conference a full hour and not long after by their Delegates concluded a Truce from six weeks to six weeks till May Day This Transaction more incensed the Queen who dispatcheth very sharp Letters unto him blaming his delay and letting slip every fair opportunity with which Letters he likewise receiveth advertisement that Sir Robert Cecil was made Master of the Wards a place which he expected himself This Sir Robert Cecil was a man of lame feet but of a sound head one who bare great sway in the Court and a special stickler against the Earl which exasperated him the more not that he lost the place himself but that his Adversary had attained unto it This State proceeding entred so deep into his thoughts that he studies revenge and held private consultations of returning into England with part of his Forces to surprize his Adversaries But from this dangerous course the Earl of Southamptom
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
provided in kinde where he was freed from corroding cares and seated on such a rock as the waves of want could not probably shake where he might sit in a calm and looking down behold the busie multitude turmoiled and tossed in a tempestuous sea of dangers And as Sir William Davenant has happily exprest the like in another person Laugh at the graver business of the State Which speaks men rather wise then fortunate He died in Decemb. 1639 having compleated seventy three years His will was made by himself above two years before his death wherein he appointed that his Executours should lay over his Grave a plain stone of Marble with this Epitaph enscribed thereon Hic jacet hujus sententiae primus Author Disputandi pruritus Ecclesiarum scabies Nomen alias quaere Which may be englished thus Here 's lies the first Authour of this Sentence The Itch of Disputation will prove the Scab of the Church Enquire his name elsewhere To acquaint the world with two or three other Instances of the readiness of his Wit he having in Rome retained an acquaintance with a pleasant Priest who invited him one evening to hear their Vesper-Musick at Church the Priest seeing Sir Henry stand obscurely in a corner sends to him by a Boy of the Quire this question written in a small piece of paper Where was your Religion to be sound before Luther To which question Sir Henry Wotton presently under-writ My Religion was to be found then where yours is not to be found in the written word of God To another that asked him Whether a Papist may be saved He replyed You may be saved without knowing that Look to your self To another whose earnest zeal exceeded his knowledge and was still railing against the Papists he gave this advice Pray Sir forbear till you have studied the Points better for the wise Italian hath this Proverb He that understands amiss concludes worse And take heed of entertaining this opinion That the further you go from the Church of Rome the nearer you are to God He left behinde him many Monuments of his Learning whose worth are such that they speak themselves more incomparably to posterity then any Eulogies I can bestow upon them Give me leave to conclude with the words of one of the learnedst Modern Criticks That for the generality of the stile throughout his Works 't is most queintly delightful gentle soft and full of all manner of blandishments onely his pen flowed a little too much with the oyly adulation of Court-flattery Questionless if Sir Henry Wotton was reduced to any of these subserviences they were occasioned from his generous expences in the time of his Embassies for his Masters honour who used him as Queen Elizabeth did Sir Francis Walsingham who had but from hand to mouth The Life of THOMAS VVENTWORTH Earl of Stafford and Lord Lieutenant of Ireland TO particularize all the actions of the Earl of Strafford would of its self require an intire Volume it being a Garden of choice Varieties wherein points of Law are interwoven with Acts of State and the Affairs of Ireland as in the same Escutcheon quartered with those of England I shall onely take a superficial view of his life and not strain my self ambitiously to shew forth the utmost reach of his perfections he being a rare conjunction of Courage attended with loyalty to danger Wisdom accompanied with Eloquence to admiration who could both think and speak speak and do whose answers and replyes to the Articles exhibited against him by the House of Commons show his abilities to be such that whatsoever is spoken of him is infinitely below what was spoken by himself He was born in Yorkshire well descended and as well educated which fitted him to sustain the weighty Affairs he afterwards underwent A great stickler at the first against the Prerogative until allured by Court-preferment he turned Royalist for the King finding his worth and ability never left till he had gained him to himself obliging him to his side by many titles of honour and places of trust whose services he found equivalent to his favours continuing to his death a trusty servant a faithful friend a prudent Counsellour and a constant adherer to his side in all his exigencies The greatest services he did to the King were during the time he was Lieutenant of Ireland by his augmenting and advancing the Kings Revenues there restoring the Churches maintenance suppressing the Out-laws establishing obedience to Royal Authority impediting the Tyranny and usurpation of the great ones over the Commons causing the Irish to leave off many of their barbarous customs and conform themselves to the more civil manners of the English which drew much hatred upon himself for changes though for the better are most times ill resented by the vulgar witness those troubles in England in the time of King Edward the Sixth Nor could these innovations have found more dislike in any Nation under the Heavens then Ireland so wedded are those people to their ancient vain ridiculous customs But since I have inserted his most remarkable actions in the Life of King Charles I shall omit those passages and come to his solemn Trial so paramount in the Equipage of all Cirumstances that as former ages have been unable so future are unlikely to produce a parallell of them This great Minister of State was by the Parliament well known for the length of it accused with twenty eight Articles of High Treason February 16. 1640. The particulars are too long for me here to recite the substance of them being that he endeavoured to subvert the Fundamental Laws and Governments of the Realms of England and Ireland and enriching himself by indirect wayes in his office for incensing the King against the Scots for endeavouring to set things amisse betwixt his Majesty and the people and to have given counsel tending to the disquiet of the three Kingdoms The 13. of April following began his Trial in Westminster-Hall where there was a Throne erected for the King on each side whereof a Cabinet inclosed about with boards and before with a Tarras before that were the Seats for the Lords of the upper House and sacks of wool for the Judges before them ten stages of seats extending further then the midst of the Hall for the Gentlemen of the House of Commons at the end of all was a desk closed about and set apart for the Lord Lieutenant and his Councel The Earl of Arundel was Lord High Steward his Accusers were Pym Glin Mainard Whitlock St. Johns Palmers Sir Walter Earls Stroud Selden Hampden and others Many dayes were spent and much Rhetorick used on both sides for the Lieutenant was no childe but as cunning in the art of defence as any man in England equal if not surpassing his Predecessour the Earl of Kildare in the time of King Henry the Eighth But the House of Commons were implacable in their hatred towards him nothing being satisfactory to them but his downfal So
or four pieces of gold when this was done and his arms tied he asked the Officers If they had any more dishonour as they conceived it to put upon him he was ready to accept it Then commanding the Hangman at the uplifting of his hands to tumble him over he was accordingly thrust off by the weeping Executioner who with his more honest tears seemed to revile the cruelty of his Countrey men I shall conclude with the Poet. Nescia mens hominum fati sortisque futurae Et servere modum rebus sublata secundi Some write that though he had not the courteous invention of an Epitaph by any of his Friends to memorize him that he was so zealous of the Fame of his great Master Charles the first the with the point of his Sword he wrote these following Lines Great Good and Just could I but rate My griefs and thy so rigid fate I 'de weep the world to such a strain As it should deluge once again But since thy loud tongu'd Blood demands supplies More from Briareus hands then Argus eyes I le sing thy obsequies with Trumpets sounds And write thy Epitaph with Blood and Wounds Montross One that detested the harsh dealings of the Scots to this Martial Earl writ these two Latine Verses A Dolor Inferni fraudes Capitis que Rotundi Et Judae suavium det Deus ut Caveam The Life of JAMES USHER Archbishop of Armagh The Countrey of Ireland hath from old brought forth so many pious and learned men that several Writers have termed it The Land of Sains Amongst the rest this worthy Prelate is not the least Ornament unto that Nation one who was a person of great Piety of singular Judgement learned to a miracle so excelling in knowledge both Humane and Divine that I cannot write so high of his worth as his merits raised themselves above all expression He was born at Dublyn in the Year of our Redemption 1580. extracted from honest and able Parents his Father was one of the Clerks of the Chancery a man of excellent parts and endowments His Mother of the Family of the Stanihursts sufficiently famous in Richard Stanihurst Irelands Cambden the most eminent Philosopher of his time This his good though seduced Mother through the subtilty of the Popish Priests was drawn into the Romish Perswasion and notwithstanding great means was used for the reclaiming her yet continued she therein to the day of her death His Grandfather by his Mothers side was chosen three times Speaker of the House of Commons in Parliament in Ireland His Uncle by his Fathers side was one of his Predecessors Archbishop of Armagh And as he was thus nobly descended so was he as well educated being at eight years old sent to the Grammar School Sir James Fullerton being his School-master and Sir James Hamilton afterwards Lord Viscount Clandeboise Usher to the School who were by King James sent out of Scotland upon another design but disguized themselves under that employment Under these two he so profited that in four years time he excelled in Grammar Rhetorick and Poesie and was so affected with Chronology and Antiquity that in his early years he drew out an exact Series of Times when each eminent person lived The next year being the thirteenth of his age he was admitted into the Colledge of Dublyn being the first Schollar that was entered into it and truly it is a question whether the Colledge received more Honour thereby in having so learned a man recorded in the Frontispiece of their Admission Book or the from the Colledge in honouring him to be their first Graduate Fellow Procter c. At the same time also Sir James Hamilton hitherto Usher of the School was chosen Fellow of the Colledge and so became his Tutour under whom he attained to a perfection in the Greek and Hebrew Languages which he wanted when he came to the Colledge He thus increasing in knowledge as in years looked still further as he did account all knowledge vain which tended not to the establishment of his minde and to the good of his future estate For the furtherance of this Atchievement he read many Books amongst other that of Stapletons Fortress of the Faith wherein he blotteth our Church with Novelty in dissenting from them who from all Antiquity had maintained the same Faith this plunged our great Schollar into several doubts that the ancientest must needs be the best as the nearer the Fountain the purer the streams and that Errors were received in succeeding Ages according to that known speech of Tertullian Verum quodcunque primum adulterum quodcunque posterius For the rectifying of his judgement herein with indefatigable pains and industry he read over most of the Ancient Fathers and most Authors writing of the Body of Divinity whereby he not onely settled his Opinion but also became able to dispute with the prime of the adverse party Having taken the Formality of Batchelour of Arts Anno 1598. The Earl of Essex being sent over Lord Lieutenant of Ireland and Chancellour of the University of Dublin there was a solemn Act for his entertainment wherein Mr. Vsher answered the Philosophy Act with great applause And now his Father intended to send him over into England to the Inns of Court for the study of the Common Law but God who intended him for a Labourer in his own Vineyard prevented his intentions by death leaving his son a good Estate in Land but he fearing it might be an hinderance to his studies gave a great part of the Estate to his Brothers and Sisters and devoting himself wholly to the study of Divinity was chosen Fellow of the Colledge soon after he commenced Master of Arts about which time he disputed with Henry Fitz-Symonds the Jesuit who gave him great commendations for his abilities and said That of those which were not Catholiques he was one of the most learned Soon after was he chosen Catechist of the Colledge and immediately after notwithstanding he was not-twenty one years of age he was ordained Minister and afterwards proved mighty powerful in his preaching converting many Papists to the Protestant Religion who came so constantly to hear him and so admired his Doctrine that it was well hoped the Nation would be of one heart and one minde but through the connivance of some in Authority the Statutes made against Papists were suspended and they obtained little less then a tolleraton in their Religion which caused many of them to withdraw themselves again This pious Bishop entertaining an holy Indignation thereat preached a Sermon to the State at Christ Church in Dublyn taking for his Text this passage in Ezekiel Chap. 4.6 where the Prophet by lying on his side was to bear the iniquity of Judah forty dayes I have appointed thee day for a year even a day for a year as the Old Translation of that Bible he then used reads it making this application thereof From this year will I reckon the sin of Ireland that those
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
being by the divine disposal from the foregoing part of his life as strange as ever I have read in History His last words were to this effect Christian People I come hither to dye I am brought hither to dye and that I may dye Christian like I humbly beseech the assistance of your Christian prayers that by the benefit of them my passage may be the more easie Yet because men in that condition which it hath pleased God to reduce me to give the more credit to Speech in the discharge of my duty towards God I shall use a few words and so conclude I pray all of you joyn with me to praise this Almighty God to whom I desire to render all hearty thanks as for all his mercies so in particular for this that he hath brought me hither that whereas I owe a debt to sin and to nature that now I can pay the debt to nature I can pay it upon the account of Grace And because it is fit to render the blessed account of that hope that is in me I shall tell you to the praise of Almighty God that I have been born and bred up in the Doctrine of the Church of England I have no negative Religion believing to be saved by the onely merits of my Saviour Jesus Christ and whatsoever else is profest in the Doctrine and Discipline of the Church of England authorized by Law humbly beseeching Almighty God to restore unto this Church her peace prosperity and patrimony whereof I have been an obedient and a loving however an unworthy Son and now both my hope being confident and my faith perfected there remains onely Christian Charity Charity we carry into heaven Charity on earth that I leave beseeching all whomsoever I have offended to forgive me as I from the bottom of my heart do all whomsoever blessing Almighty God for the happy advantage he takes to bring me the sooner to heaven I bless Almighty God that he hath given me this advantage as he hath been merciful to me before the foundation of the world in my Saviour so that now he hath in mercy honoured me with a suffering for his name in obedience to his Commandment On this day sevennight I was summoned before that Justice which condemned me on Friday last praised be Almighty God that by this way he hath brought me nearer to himself My charge I presume is publick as my punishment is visible if there have been any thing in the management of my part being unskilful having discontinued my own countrey many years I shall beseech the Christian Charity of all you my beloved Countrey-men to impute it rightly to the ignorance of my unskilful wayes of managing of affairs it was objected unto me there that I had a vanity of delighting in strange tongues I do acknowledge that I was best skilled in the Italian but free from that vanity I thank Almighty God and therefore I would in defence of my life if it had been the custom here or the Judges favour have used that language which was almost as natural to me as my mother tongue It was objected that I did not so freely as a thorow-paced Cavalier own my Master I was told since I came into England this skill I have in our Laws that a legal denyal in Law might be tollerable I hope I did not exceed the bounds of that in any thing for God forbid that I should be ashamed of serving so good so pious so just a Master putting off his hat for this I rejoyce and I humbly beseech Almighty God to fill my heart and my tongue and all that hear me this day with thankfulness for it As to the business that another construction had been made and believed here then what was there the righteous God knoweth it if any weakness were in the management that was mine I was sent to serve and protect not to injure any as God acquits me of the intention of matter of fact as having not done any manner of evil that way however here understood blessed be his holy name again putting off his hat so those Gentlemen of the Turky Company if they would might acknowledge for they know it very well the impossibility of my doing them any manner of harm Whereas that of the Embassy objected against me that my Master honoured me with it though I was never worthy of it I was his messenger and Internuntio for the conservation onely of his good Subjects of all the Merchants untill such time as he could confirme that Gentlemen now Resident or to send any other and they themselves know that there was an unpossibility as I bless God there was an innocency in me unto any such intention to do them harm for my Masters commands were point blank the contrary I was onely sent for their good as I never owned the title so the very letters themselves speaking no other I never did so much as think of any manner of address to the Grand Signior but gave him the letter from my Master the rest of the English Nation that were there present may when they please assert so much This I would insert that those Gentlemen as they have been losers by the miscarriages of others may now have a breach of their charity with me but if it be as it seems it is now in this Countrey a sin to be loyal I hope my God hath forgiven that when it is upon harmless employment not invading any according to my just Masters order for indeed I have been alwayes bred up in the Religion of Loyalty my Allegiance hath been incorporated into my Religion and I have thought it a great part of the service due from me to Almighty God to serve the King again putting off his hat He said I need not make any apology for any thing in relation to the present Affairs in England for were I as I spake beformy Judges were I as evil as my sentence here hath made me black it were impossible for me to have prejudiced any body in England or to England belonging in that employment but I bless God for his infinite mercy in Jesus Christ who hath taken me to himself by this manner of way it was the best Physick for the curing of my soul and those that have done it have no more Power then that of my body I leave nothing behinde me but that I am willing to part withal all that I am going to is desirable and that you may all know that Almighty God hath wrought in me a total denyal of my self and that there is that perfect reformation of me within of my own corruptions by the blessed assistance of his holy spirit I desire Almighty God in the abundance of the bowels of his mercy in Jesus Christ not onely to forgive every enemy if any such be in the world here or wheresoever but to bring him into his bosom so much good and particular comfort as he may at any time whether the cause