And that as soon as his Majesty and both Houses may be secured from such Tumultuous Assemblies as to the High dishonour of the Parliament had awed the Members of the same which he conceived could not otherwise be done but by adjourning the Parliament to some place Twenty miles from London such as the Houses should agree upon His Majesty most chearfully and readily would consent to the disbanding of the Armies and would return speedily to his Two Houses of Parliament according to the Time and Place which they should agree upon Upon this Message the Parliament resolved to call back their Commissioners and so April 15. the Treaty ended About the beginning of last March the L. Brook marched toward Northampton and seizing the Ammunition there he went from thence to Warwick and so to Stratford upon Avon and beat Coll. Crockers and Lt. Coll Wagstaff's Forces out of that Town after which Besiegeing Litchfield one of the Kings Party shooting at a venture at the window of his Chamber the bullet pierced him in the Eye of which he immediately dyed yet his Souldiers being heightned with Revenge took the Close with the E. of Chesterfield and all his Souldiers and Ordnance after which Prince Rupert and the Earl of Northampton joining their Forces fell upon the Parliamentarians at Lichfield where the E. of Northampton was slain in the head of his Troop yet Lieut. Coll. Russel who commanded it despairing of succour yielded up the Place to Prince Rupert upon Honourable Conditions and marched away to Coventry April 17. 1643. the E. of Essex sate down before Reading and made two assaults but was repulsed The King marched from Oxford to Wallingford for its relief but Essexes Army increasing daily with fresh supplies from London both Parties happened to Skirmish at Causum Bridge where many of the Kings Forces were slain and forced to retreat whereupon the Town was a while after surrendred by Coll. Fielding who was made Deputy Governour in the room of Sir Arthur Aston who was disabled by a bruise he received in his head with a Brick-bat Fielding was for this Sentenced by a Council of War at Oxford to lose his Head but by the Intercession of Friends was pardoned May 3. Cheapside Cross was demolished a Troop of Horse and two Companies of Foot waiting to see it done and at the fall of the Top Cross Drums beat Trumpets blew and a great shout was made Charing-cross and all other Crosses in and about London were likewise pulled down about the same time In the mean time the breach between the King and Parliament became wider than ever so that they proceeded to draw up Articles of High Treason against the Queen some of which were That she had pawned the Crown Jewells in Holland That she had favoured the the Rebellion in Ireland That she had endeavoured to raise a Party in Scotland against the Parliament and that she had gone in the head of a Popish Army in England Several other Articles were framed against her upon which Mr. Pym carried up an Impeachment to the Lords who seemed at first surprized therewith but they afterward agreed to the Charge The Queen had about this time raised an indifferent Army of Horse and Foot and leaving some Horse and Foot with Sir Charles Cavendish for defence of Lincoln-shire and Nottingham-shire she with 3000 foot three Companies of Horse and Foot six Canons and two Mortar pieces met the King at Edge-hill and goes from thence with him to Oxford Several Encounters happened in the West between Sir Ralph Hopton for the King and Sir G. Chudleigh then Commander of the Parliaments Forces where sometimes one Party was Victorious and then the other Collonel Nath. Fines Governout of Bristoll about this time discover'd a design of Robert Yeomans and George Bouchier to deliver up that City to the Kings Forces upon which they were Condemned by Council of War and hanged May 30 notwithstanding the Kings Letter to the Maior and Citizens and General Ruthens to the Governour on their behalf And so ends this month famous by the Death of Mr. John Pym that active Person in the House of Commons In June 1643. Mr. Waller a Member of the House of Commons Mr. Tomkins Mr. Challoner Mr. Hasel Mr. Blinkhorn Mr. White and others were Arraigned at Guild-Hall London they being charged For designing to seize into their Custody the Kings Children some Members of Parliament the L. Mayor and Committee of the Militia all the Cities Outworks and Forts the Tower of London and all the Magazines and then to let in the Kings Forces to surprize the City Upon this Indictment they were Tryed and Condemned but Tomkins and Challoner onely were hanged Some Skirmishes passed between the E. of Essex and P. Rupert who ingaging about Tame in Oxfordshire The Prince routed a body of Horse in Chalgrave Field where Mr. John Hambden recieved his mortal wounds but in the West the Parliaments Forces had better success where they took in the Towns of Taunton and Bridgewater At this time finding the want of a Great Seal the Parliament after long debates Voted That a new Seal should be made for Confirmation of their Acts and Ordinances which was forthwith done and thereon was Ingraven the Picture of the House of Commons and Members sitting and on the other side the Arms of England and Ireland but between the Voting and making this Seal they passed this Order That if the L. Keeper Littleton upon Summons did not return with the great Seal within fourteen dayes he should lose his Place and whatsoever should be Sealed therewith by him after that time should be null and void in Law And presently after Mr. Hen. Martin a Member of Parliament seized upon the Regalia which were reposited in Westminster Abby telling some of his Accomplices That the time would come wherein there would be no need of Crowns and Scepters July 5. 1643. Sir Will. Waller meets with Sir Ralph Hopton's Forces at Landsdown near Bath who though fewer than Sir Williams yet maintained the fight from two in the afternoon till one the next morning and then Sir Williams Party forsook the Field Hopton himself was hurt and lost divers Gentlemen of note but the Parliaments loss was more Hopton marches to the Devizes in Wilt-shire and Waller after him whereupon the King sent 1500 Horse from Oxford to Hoptons relief Waller draws off to Roundway Down and there the Fight began in which the Parliamentarians were defeated and fled leaving the Foot to the mercy of their Adversaries by whom hundreds of them were Slain and more taken with four brass Guns Ammunition and Baggage 28 Colours and 9 Cornets Waller having thus lost his Army posts to London with a few followers for Recruits This Fight happened July 13. Some difference arising in the North between L. Fairfax General for the Parliament and Sir John Hotham Governour of Hull who refused to submit to the L. Fairfax the Parliament designed to displace Hotham which he
E. of Strafford in the Grand Accusation charging him for obtruding thâ— Common Prayer Book and Canons and Constitution Ecclesiastical upon their Nation and for advising thâ— King to dissolve the last Parliament and other suâ—â— matters upon which he was first committed to thâ— black Rod and 10 weeks after Voted Guilty of Higâ— Treason and sent to the Tower where he continueâ— 4 years his Charge was endeavouring the subversiâ—â— 1. Of the Lawes 2. Of Religion 3. Of the Priviledgâ— of Parliament And after many times attending on thâ— House Jan. 4. 1644. they passed their Ordinance oâ— Parliament That he should be drawn hang'd and quartered but upon his Petition They voted him to be beheaded which he suffered Jan. 10. after Jan. 30. a Treaty was begun at Vxbridge between the King and Parliament but took no effect Basing House was relieved by the Kings Forces against which Sir William Waller had lost above 1000 men About this time the E. of Essex was cashiered ouâ— of his Command and Sir Tho. Fairfax was Voted General of the Parliaments Forces Col. Rossiter waâ— defeated by Sir Marm. Langdale and the Kings party In April 1645. Collonel Massey defeated by Prince Rupert at Ledbury and Blechington House delivered to the Parliament In May Oxford was besieged the first time and Leicester taken by the King In June Leicester regained by the Parliament Carlisle after 41 weeks siege deliver'd by Sir T. Glenham to the Scots June 14. 1645. was fought that unfortunate Battell at Naseby which proved so fatal to the King and his Cause This fight was exceeding bloody both Armies being very couragious and numerous there not being above 500 odds On the Parliaments side â—ere slain and wounded above 1000 Officers and â—rivate Souldiers but much more was the loss on 〈◊〉 the Kings side there being taken 6 Collonels 8 â—ieutenant Collonels 18 Majors 70 Captains 8 Lieuâ—â—nants 200 Enfigns and other inferior Officers 4500 â—ommon Souldiers many Women 13 of the Kings â—oushold Servants 4 Footmen 12 pieces of Ordinance â—000 Arms 48 Barrels of Powder 200 Carriages all â—heir Bag and Baggage with store of rich Pillage â—000 Horse the Kings Standard and one of his â—oaches and his Cabinet of Letters and Papers which were afterwards published so that it proved a comâ—leat Victory to the Parliamentarians In July the Kings Forces were defeated at Langâ—ort about 200 slain and 1400 Prisoners Pomfret Castle Bridgwater Scarborough and Bath deliverâ—d to the Parliament In August Sherburn Castle taâ—en by the Parliament In Sept. Bristoll surrendred â—o them and the Kings Forces worsted at Routon Heath In October Basing-House taken by Cromwell â—nd L. Digby defeated in York-shire in Decemb. Laâ—â—am House delivered by the Kings Order and Hereâ—â—rd surpriz'd by the Parliament before which â—lace the Scots in August had lost about 1000 men â—n March L. Ashly defeated near Stow. In April 1646. Ruthen Castle Exeter St. Michaâ—ls Mount Dunster Castle and Woodstock yielded Corf Castle taken by Stratagem Sir Tho. Fairfax resolves â—o march to Oxford which put the King upon thoughts of providing for his own safety and therefore April â—3 he goes out of Oxford in Disguise with Mr. Hudâ—â—… a Minister and Mr. John Ashburnham whose Serâ—ant he personated and went to the Scots Army at Newark In May Oxford was besieged and Banbury â—nd Radnor surrendred to the Parliament In June Litchfield Worcester Wallingford Castle Borstall Oxford and Farringdon and yielded to the Parliament In July Gothridge and Pendennis the like and Conway taken by Storm In August Ragland surrendred by the Marquess of Worcester In September Scilly Island and Castle taken Denbigh Castle also yielded In Novemb Gen. Fairfax marched Triumphantly into London In February the Scotch Army having first sold the King for two hundred thousand Pound marched into Scotland and the King was sent Prisoner to Holmby by the Parliament The King being now in the power of his Enemies they remove him from place to place and at length into the Isle of Wight under the Guard of Coll. Hâ—â—mond and afterwards a Treaty of Peace was there begun wherein things were so managed that his Majesties Concessions were Voted satisfactory After which the Army and some part of the Parliament driving on an Interest contrary to Peace turned all such Members out of the House of Commons as they thought would not comply with their Designs and then conveyed the King to Windsor During which time there happened several Bickerings and Ingagements between the Royalists and the Parliamentarians the Royal Party being in all places defeated especially at Maidstone Pontefract Bow Stratford Kingston and Preston where the Scotch Army received a very great Overthrow losing abundance of men And lastly at Colchester where those two gallant Gentlemen Sir Ch. Lucas and Sir George Lisle were shot to death after quarter given contrary to the Law of Arms. After this the Officers of the Army and those Members then left in the House proceeded to that height as to presume to bring the King to Tryal which because it was an unparallel'd Action it may be necestary to give a more particular Account thereof The King goes from Oxford in disguise 1646 The Illegall Tryall of King Charles the 〈◊〉 The Martyrdom of King Charles 1648 Upon the fourth of January 1648. the House of Commons being turned into a Grand Committee passed these following Votes 1. That the People under God are the Original of all just Power 2. That the Commons of England Assembled in Parliament being chosen by and representing the People have the Supream Authority of the Nation 3. That whatsoever is Enacted and Declared for Law by the Commons of England Assembled in Parliament hath the force of a Law 4. That all the People of the Nation are included thereby although the consent and concurrence of the House of Peers be not had thereunto 5. That to raise Arms against the Peoples Representative or Parliament and to make War upon them is High Treason 6. That the King himself took Arms against the Parliament and upon that account is guilty of the Blood-shed throughout the Civil War and that he ought to explate the Crime with his own Blood After this they proceeded to make a pretended Act for the Tryal of the King which they â—ntituled An Act of the Commons of England Assemâ—led in Parliament for erecting of an High Court of â—ustice for the Trying and Judging of CHARLES STUART King of England which was in the â—orm following WHereas it is notorious That Charles Stuart the now King of England not content with those many incroachments which his Predecessors had made upon the People in their Rights and Freedoms hath had a wicked design totally to subvert the ancient and fundamental Laws and Liberty of the Nation And in their place to introduce an Arbitrary and Tyrannical Government with fire and sword levyed and maintained a cruel War in the Land against the Parliament and Kingdom Whereby the Countrey hath been miserably wasted
under which they must live and by which they must be governed And then Sir the Scripture says They that know their Masters Will and do it not what follows The Law is your Master the Acts of Parliaments the Parliaments were to be kept anciently we find in our Author twice in the year That the Subject upon any occasion might have a ready remedy and redresse for his Grievance Afterwards by several Acts of Parliament in the dayes of your Predecessor Edward the third they must have been once a year Sir what intermission of PARLIAMENTS hath been in your time it is very well known and the sad consequences of it and what in the interim instead of these Parliaments hath been by you by an high and Arbitrary hand introduced upon the People that likewise hath been too well known and felt But when God by his Providence had so brought it about that you could no longer decline the calling of a Parliament Sir yet it will appear what your ends were against the Ancient and your Native Kingdom of Scotland The Parliament of England not serving your ends against them you were pleased to dissolve it Another great necessity occasioned the calling of this Parliament and what your designs and plots and endeavours all along have been for the ruining and confounding of this Parliament hath been very notorious to the whole Kingdom And truly Sir in that you did strike at all that had been a sure way to have brought about that that this layes upon you Your Intention to subvert the Fundamental Laws of the Land For the great bulwark of Liberty of the People is the PARLIAMENT of England and to Subvert and Root up that which your aim hath been to do certainly at one blow you had confounded the Liberties and the Propriety of England Truly Sir it makes me call to mind I cannot forbear to express it for Sir we must deal plainly with you according to the merits of your cause so is our Commission it makes me call to mind these proceedings of yours that we read of a great Roman Emperor by the way let us call him a great Roman Tyrant Caligula that wisht that the People of Rome had had but one Neck that at one blow he might cut it off and your proceedings hath been somewhat like to this for the body of the people of England hath been and where else represented but in the Parliament and could you have but confounded that you had at one blow cut off the neck of England but God hath reserved better things for us and hath pleased for to Confound your designs and to break your Forces and to bring your Person into Custodie that you might be responsible to Justice Sir we know very well That it is a question on your side very much Press'd By what president we shall proceed Truly Sir for Presidents I shall not at this present make any long discourse but it is no new thing to cite Presidents almost of all Nations where the People when power hath been in their hands have not sticked to call their Kings to account and where the change of Government hath ensued upon occasions of the Tyranny and Mis-government of those that have been placed over them I will not spend time to mention France or Spain or the Empire or other Countries Volumes may be written of them But truly Sir that of the Kingdom of Arragon I should think some of us have thought upon it where they have the Justice of Arragon that is a man tanquam in medio positus betwixt the King of Spain and the people of the Country that if wrong be done by the King he that is the King of Arragon the Justice hath power to reform the wrong and he is acknowledged to be the Kings Superiour and is the grand preserver of their priviledges and hath prosecuted Kings upon their miscarriages Sir What the Tribunes of Rome were heretofore and what the Ephori were to the Lacedaemonian State we know that is the Parliament of England to the English State and though Rome seem to have lost its liberty when once the Emperours were yet you shall find some famous Acts of Justice even done by the Senate of Rome that great Tyrant of his time Nero condemned and judged by the Senate But truly Sir to you I should not mention these Forreign examples and stories If you look but over Tweed we find enough in your native Kingdom of Scotland If we look to your first King Forgusius that your stories make mention of he was an Elective King he died and left two Sons both in their minority the Kingdom made choice of their Unkle his Brother to govern in the minority afterwards the Elder Brother giving small hopes to the People that he would rule or govern well seeking to supplant that good Unkle of his that governed them justly they set the Elder aside and took to the Younger Sir if I should come to what your stories make mention of you know very well you are the 109th King of Scotland for to mention so many Kings as that Kingdom according to their power and priviledge have made bold to deal withal some to banish and some to imprison and some to put to death it would be too long and as one of your Authors sayes it would be too long to recite the manifold examples that your own stories make mention of Reges say they we do create we created Kings at first Leges c. We imposed Lawes upon them and as they are chosen by the suffrages of the People at the first so upon just occasion by the same suffrages they may be taken down again and we will be bold to say that no Kingdom hath yielded more plentiful experience than that your Native Kingdome of Scotland hath done concerning the deposition and the punishment of their offending and transgressing Kings c. It is not far to go for an example near you your Grandmother set aside and your Father an Infant crowned and the State did it here in England here hath not been a want of some examples they have made bold the Parliament and the People of England to call their Kings to account there are frequent examples of it in the Saxons time the time before the Conquest since the Conquest there wants not some Presidents neither King Edward the second King Richard the second were dealt with so by the Parliament as they were deposed and deprived and truly Sir whoever shall look into their stories they shall not find the Articles that are charged upon them to come near to that height and capitalness of Crimes that are layed to your charge nothing near Sir you were pleased to say the other day wherein they descend and I did not contradict it but take altogether Sir if you were as the Charge speaks and no otherwise admitted K. of England but for that you were pleased then to alledge how that almost for a thousand years these things have
put my hands out this way stretching them out them After that having said two or three words as he stood to himself with hands and eyes lift up Immediately stooping down laid his Neck upon the Block and then the Executioner again putting his hair under his Cap the King said thinking he had been going to strike Stay for the sign Executioner Yes I will and it please your Majesty And after a very little pause the King stretching forth his hands the Executioner at one blow severed his head from his body The head being off the Executioner held it up and shewed it to the people which done it was with the Body put in a Coffin covered with black Velvet for that purpose and conveyed into his Lodgings there And from thence it was carried to his house at Saint James's where his body was embalmed and put in a Coffin of Lead laid there a fortninght to be seen by the people and on the Wednesday sevennight after his Corps embalmed and coffined in Lead was delivered chiefly to the care of four of his Servants viz. Mr. Herbert Captain Anthony Mildmay his Sewers Captain Preston and John Joyner former Cook to his Majesty they attended with others cloathed in Mourning Suits and Cloaks accompanied the Herse that night to Windsor and placed it in that which was formerly the Kings Bed-chamber next day it was removed into the Deans Hall which Room was hanged with black and made dark Lights burning round the Herse in which it remained till Three in the Afternoon about which time came the Duke of Lenox the Marquess of Hertford the Marquess of Dorchester the Earl of Lyndsey having obtained an order from the Parliament for the decent Interment of the King their Royal Master provided the expence thereof exceeded not five hundred pounds At their coming into the Castle they shewed their Order of Parliament to Collonel Wichcot Governour of the Castle desiring the Interment might be in St. Georges Chappel and by the Form in the Common-Prayer Book of the Church of England this request was by the Governour denyed saying It was improbable that the Parliament would permit the use of what they had so solemnly abolished and therein destroy their own Act. To which the Lords replyed There is a difference betwixt destroying their own Act and dispensing with it and that no Power so binds its own hands as to disable it self in some cases All could not prevail the Governour persisting in the Negative the Lords betook themselves to the search of a convenient place for the Burial of the Corps the which after some pains taking therein they discover a Vault in the middle of the Quire wherein as is probably conjectured lyeth the body of King Henry the Eighth and his beloved Wife the Lady Jane Seamor both in Coffins of Lead in this Vault there being Room for one more they resolve to inter the body of the King the which was accordingly brought to the place born by the Officers of the Garrison the four Corners of the Velvet Pall born up by the aforesaid four Lords the pious Bishop of London following next and other Persons of Quality the Body was committed to the earth with sighs and tears especially of the Reverend Bishop to be denyed to do the last Duty and Service to his Dear and Royal Master the Velvet Pall being cast into the Vault was laid over the Body upon the Coffin was these words set KING CHARLES 1648. After the Regicides had committed this Horrid and nefarious Act the prevailing Power consisting of a patcht number of the House of Commons and the chief Officers of the Army combined together and seeing how successfully and unopposed they had effected this so unparalel'd a Deed to which they knew the generality of the Nation were utterly averse and as far as they durst shew'd their absolute dislike They in the next place fall upon the alteration of the Government thinking to make sure work by subverting the Ancient Monarchy of this Realm and instead thereof introducing that which they called a Free State or Common-wealth For constituting of which the first thing they did was to Vote and publish by Proclamation That whereas several pretences might be made to the Crown c. to the apparent hazard of the publick Peace no Person whatsoever should presume to proclaim or any way promote Charles Stuart Son of the said Charles late King of England or any other person to be King or chief Magistrate c. by colour of Inheritance or any other claim whatsoever without the free Consent of the People in Parliament first signified by a particular Act for that purpose any Law or Custom to the contrary notwithstanding and whosoever should contrary to this Order proclaim c. shall be adjudged a Traytor and suffer accordingly This proceeding was founded upon a Maxim which they had taken up and agreed on among themselves namely That all Power and Authority is Originally in the People But well knowing that their Councils had soon been confounded and themselves interrupted in the course they had begun if they had incorporated again with those of their Members which had been forcibly kept out by the Army they Resolve and decree 1. That all those Members who had assented to the Vote of Decemb. 5. concerning the Kings Concessions for that was the occasion of their seclusion should never be readmitted and that those that Voted in the Negative should presently enter their said dissent or before they were to be admitted And together with the fortune of Monarchy was involved that of the House of Peers who having sent to desire a Conference about setling the Government in regard the Judges Commissions were determined by the Kings Death instead of an Answer to their Message the Junto of the Commons upon debate Voted the Lords House to be useless and dangerous and therefore to be laid aside as in like manner they declared the Kingly Office to be unnecessary and Burthensom and therefore fit to be abolished only they allowed the Lords the Priviledge of being capable to be chosen Burgesses into the House of Commons But the Lords were so highly incensed thereat that there was suddenly published a Declaration in the name of all the Peers and Barons of the Realm wherein they protest against the Proceedings of the Commons And a while after some of the Kings friends in despite of all Votes Acts and Orders to the contrary promoted a Proclamation in the name of all the Nobility Gentry and Commonalty of the Kingdom for proclaiming Charles our present Soveraign to be King of England But little could unarmed Declarations prevail against the reigning Power of an Armed faction who now assumed new Ensigns of Soveraignty cancelling the Old and caused all Writs Commissions and Instruments of publick Concernment to be issued out under a new Stile and Test that is of The Keepers of the Liberties of England by Authority of Parliament They ordered the old Great Seal to be
Leg with the Kings own hand with the Direction signed C. R. The business of the Lord Kimbolton and the five Members The suspicious designing a Guard about his Person and under hand promoting the Irish Rebellion The ordering Sir John Pennington to land the Lord Digby beyond Sea from thence to alienate the King from his Parliament and to procure Forreign Forces for his Assistance which now said they appeared more credible by reason of his removal with the Prince and the manifold Advertisements from Rome Venice Paris and other parts certifying that the Popes Nuncio had sollicited the Kings of France and Spain to lend his Majesty 4000 Men apeice in reference to some Design against Religion and the Parliament and lastly They desire him to turn away his wicked Councellors and to rely upon his Parliament which if he would do they would sacrifice their Lives Fortunes and utmost endeavours to the Supportation of his Soveraignty After the reading of the Declaration the Lords would have perswaded the King to come near the the Parliament and to grant the Militia for a time which his Majesty refused and told them in short That their Fears and Doubts and Jealousies were such as he would take time to satisfy the whole World of but that his own doubts were not Trivial occasioned by so many Scandalous Pamphlets and Seditious Sermons divers publick Tumults hitherto uninquired into and unpunished and sometime after the King published a Declaration to the People in Answer to theirs the sum of which was That he had no evil Councellors about him but leaves such to their censure where they should find them That he desired the Judgments of Heaven might be manifested upon those who had any design against the Protestant Profession That the Scottish Troubles were buried in perpetual silence by the Act of Oblivion and passed in Parliaments of both Kingdoms That they charging him with any inclining to the Irish Rebels was a high and causless injury to his Royal Reputation That he never intended to exasperate the late Army or in any wise to use them against the Parliament That Captain Leg's Petition was brought to him subscribed by the Officers of the Army desiring that the Parliament might not be hindred from reforming the Church and State to the Model of Queen Elizabeths days and was advantageous to them And to assure Sir Jacob Ashly of his Opinion therein he writ C. R. That the Lord Digby and Mr. Jermin neither were at White-hall nor had any Warrant from him after the Restraint That he had given sufficient Answer about Kimbolton and the five Members That the care of his own safety caused him to raise a Guard at White-hall and to receive the Loyal Tender which the Gentlemen of the Inns of Court did make him of their Service And that he looked upon their Forreign Advertisements by them mentioned as meerly wild and irrational The King goes further Northward whilst the Parliament Voted the Ordinance for Defence of the Kingdom not to be prejudicial to the Oath of Allegiance but to be obeyed as the Fundamental Laws and that the Kings Commands for Lieutenancy over the several Counties were illegal and void but he coming to Huntington sends them a Message March 15. That he intends to make his Residence at York and desires them to hasten their Succours for Ireland and not upon any pretence of Order or Ordinance to which he is not a Party of the Militia or any other thing to Do or Execute against the Laws which he himself was to keep and his Subjects to obey declaring his Subjects not to be obliged to obey any Act Order or Injunction to which he hath not given consent In answer to which they resolve That the absence of the King so far from his Parliament was destructive to the Relief of Ireland and therefore all those Councellors which advised him to it are to be suspected as Favourers of that bloody Rebellion as likewise those who perswaded his Majesty to question or contradict their Votes which was a high breach of Priviledge of Parliament March 16. The King at Stamford published a Proclamation for putting the Laws in Execution against Popish Recusants and from thence he goes to York and there March 24 Repeals his Grant for passing the Bill against Tonnage and Poundage of June 22 last past commanding the payment thereof for the future according to the Act of the First of King James and so this year ended It was now the year 1642 and the 18th of his Majesties Reign when a fresh Difference arose for the Earl of Northumberland Admiral of England being indisposed the King ordered Sir John Pennington Vice Admiral to take the charge of the Summer Fleet for the Narrow Seas but the Parliament earnestly desired that it might be conferred upon the Earl of Warwick but were refused by the King to their great distaste During the Assizes at York the Gentry Ministers and Freeholders of that County presented a Petition to the King to endeavour an Agreement with the Parliament who advises them to apply themselves to the Parliament for the good of all And next day he sends a Message to the Houses That he intended to raise his Guard out of the Counties near Chester Two thousand Foot and Two hundred Horse to be supplied with Arms from the Magazine at Hull upon taking the Oaths of Supremacy and Allegiance That if the Parliaments Undertaking for the Irish War would not suffice to defray the Charges of raising and paying them he would pawn or sell his Land or Houses desiring them withal to quicken their Levies for Munster and Connaught as the Scots already did theirs of Ulster and offers his Person against the Rebels The Parliament having for some time mistrusted the Kings going North to be intended for seizing the Magazine at Hull endeavoured to prevent it declaring their suspicion of his design to raise an Army and therefore pray That it might be removed from thence to the Tower of London as a place of more safety and easier transport for Ireland and that the Repreive for the popish priests in Newgate may be recalled and they executed And to make all sure Sir John Hotham a Member of the House of Commons is sent down to take upon him the Government of that place who by his sudden coming thither prevented the Earl of New-castle who was designed by the King to be Governor thereof so that when the King came to Hull in Person with his Guard consisting of Lords and Gentlemen April 23. 1642 he finds the Gates shut upon him and the Bridges drawn up but from the Wall Hotham appears and upon his knees intreats his Majesty Not to command that which without the breach of his Trust he could not yeild obedience to Whereupon the King finding his entrance prevented caused Hotham instantly to be proclaimed Traytor and by Letters to the Parliament complained of that Indignity and required satisfaction but they justified him therein and sent a
had taken upon him the Command of the Fleet for which Reasons the King was resolv'd to punish Hotham Indeed the E. of W. had been by the Parl. commended to the King as the fittest man for Admiral the E. of N. being then sick but he was rejected by the King who conferr'd that place upon Sir John Pennington Yet afterwards the Parl. conceiving it necessary to get the Fleet into their hands they found means notwithstanding the Oppositions of Sir J. Pennington and his Adherents to make the E. of W. Admiral after which a Ship laden with Arms and Ammunition from Holland for the King being ignorant of the matter fell in among the Fleet and was by the E. of W. sent to the Parliament The Parliament now thought fit to Arm and therefore resolve that an Army shall be raised for Defence as they term it of King and Parliament and the Earl of Essex to be Capt. General and the E. of Bedford to command the Horse the E. of Holland Sir John Holland and Sir Will. Stapleton were ordered to carry a Petition to the King then at Beverly the effect whereof was To pray him to disband all his Forces to recal his Commissions of Array dismiss his Guard and return to the Parliament All which the King refused The Parliament next consider of raising Money and so declare for Loan upon the Publick Faith to promote which the endeavours of the Ministers were very serviceable whereby in a short time a very considerable quantity of Money Plate and Ammunition were brought in The King was likewise furnished with Money from the Queen upon the pawned Jewels and some Contributions from divers Lords and Gentlemen and the University of Oxford The King goes from Beverly to Leicester and there Proclaims the Earl of Stamford Traitor for removing the County Magazine from the Town to his own House at Bradgate Aug. 1. the King comes back to Yorkshire and raises a Regiment under the E. of Cumberland which he called Prince Charles his Regiment The Parliament on the other side declare the Commissioners of Array to be Traitors and disturbers of the State and Peace of the Kingdom and Lievtenants of â—everal Counties were constituted by Parliament The King likewise deals with their Commanders as â—hey did with his and Proclaimed General Essex with all his Collonels and Officers who should not â—nstantly lay down their Arms to be Rebels and Traiâ—ors and the Marquess of Hartford and his Forces â—â—re ordered to march against him The King then â—ummons in the Countrey on the North side of Trent â—nd 20 miles Southward and publisheth his Grand Declaration concerning all transactions between himself and the Parliament August 22. 1642. The King comes to Nottingham â—nd there erects his Standard to which some numbers resorted but far short of what was expected And three days after the King sends a Message to the Parliament to propose a Treaty the Messengers were â—he Earls of Southampton and Dorset Sir John Culpeper Chancellor of the Exchequer and Sir William Vdall none of which were suffered to sit in the House to deliver their Errand therefore it was sent in by the Usher of the Black Rod to which the Parliament Answered That untill His Majesty shall recall his Proclamations and Declarations of Treason against the E. of Essex and them and their Adherents And unless the Kings Standard set up in pursuance thereof be taken down they cannot by the fundamental Priviledges of Parliament give his Majesty another answer The King replyes that he never intended to declare the Parliament Traitors or set up his Standard against them but if they resolve to Treat either Party shall revoke their Declarations against all Persons as Traitors and the same day to take down his Standard To this they answer That the Differences could noâ— any ways be concluded unless he would forsake hiâ— evil Councellors and return to his Parliament And accordingly Sept. 6. they Order and Declare thaâ— the Arms which they have or shall take up for thâ— Parliament Religion Laws and Liberties of the Kingdom shall not be laid down untill the King withdraw his Protection from such persons as are or shall be Voted Delinquents and shall leave them to Justice that so their Estates may discharge the Debts and Loan Moneys of the Common-wealth The War being now begun the new raised Souldiers committed many Outrages upon the Countrey People which both King and Parliament upon Complaint endeavoured to rectifie The King himself was now Generalissimo over his own his Captain General was first the Marquess of Hartford and afterward the E. of Lindsey and the E. of Essex for the Parliamentarians The Kings Forces received the first repulse at Hull by Sir John Hotham and Sir John Meldrum and the King takes up his Quarters at Shrewsbury Portsmouth was next surrendred to the Parliament and presently after Sir John Byron takes Worcester for the King In September the two Prince Palatines Rupert and Maurice arrived in England who were presently entertained and put into Command by the King who having now got together a potent Army he made a solemn Protestation to them of his candid Intentions and sincere meaning to defend the Protestant Religion the Laws and Liberties of the Subject and Priviledges of Parliament according to the former protestation at York Sept. 9. the Earl of Essex in great State attended on by the Parliament set forth out of London toward St. Albans and from thence to Northampton where all his Forces met amounting to near fourteen thousand men having with him the Parliaments Petition which he was to present to the King the effect of which was That his Loyall Subjects the Lords and Commons in Parliament cannot without tenderness of Compassion behold the pressing Calamities of England and Ireland by the Practices of a prevailing Party with his Majesty to alter true Religion and the Ancient Government of this Kingdom introducing Superstition into the Churches and Confusion in the State Exciting encouraging and fostering the Rebellion in Ireland and as there so here begin the like Massacres by drawing on a War against the Parliament leading his Person against them as if by Conquest to establish an unlimited Power over the People seeking to bring over the Rebels of Ireland to joyn with them And all these evil Councellors are Defended and protected against the Justice of the Parliament who have for their just Defence of Religion the Kings Crown and Dignity the Laws Liberties and Power of Parliaments taken up Arms and Authorized the E. of Essex to be their Captain General against these Rebels and Traytors And pray the King to withdraw his Person and leave them to be supprest by his Power and to return to his Parliament and that they will receive him with Honour and yeild him Obedience secure his Person and establish him and his People with all the Blessings of a Glorious and Happy Reign This Petition was never delivered though Essex sent twice to the King for
the publick Treasury exhausted Trade decayed and thousands of People murthered and infinite of other mischiefs committed For all which High and Treasonable Offences the said Charles Stuart might long since justly have been brought to exemplary and condign punishment Whereas also the Parliament well hoping that the restraint and imprisonment of his Person after it had pleased God to deliver him into their hands would have quieted the disturbers of the Kingdom did forbear to proceed judicially against him But found by sad experience that such their remissives served only to encourage him and his Complices in the Continuance of their evil practices and in raising of new Commotions Designs and Invasions For prevention therefore of the like greater inconveniencies and to the end that no Magistrate or Officer whatsoever may hereafter presume traiterously and malitiously to imagine or contrive the inslaving or destroying of the English Nation and to expect impunity in so doing Be it Ordained and Enacted by the Commons is Parliament assembled and it is hereby Ordained and enacted by the Authority thereof That Thomas L. F. O. C. c. shall be and are hereby appointed Commissioners and Judges for the Hearing Trying and Judging of the said Charles Stuart and the said Commissioners or any Twenty or more of them shall be and are hereby authorized and Constituted an High Court of Justice to meet at such convenient times and places as by the said Commissioners or the major part or twenty or more of them under their Hands and Seals shall be appointed and notified by publick Proclamation in the great Hall or Palace-yard of Westminster and adjourn from time to time and from Place to place as the said High Court or the major part thereof meeting should hold fit and to take Order for charging of him the said Charles Stuart with the Crimes above-mentioned and for the receiving his Personal Answer thereunto and for Examination of Witnesses upon Oath if need be concerning the same and thereupon or in default of such Answer to proceed to final Sentence according to Justice and the merit of the Cause and to be Executed speedily and Impartially c. Presently after this was published Proclamation was made That those who had any thing to say against the King should have a hearing given them This was proclamed first in Westminster-Hall by the Serjeant at Arms to the Commissioners Riding into the Hall with his Mace attended with six Trumpeters and other Officers who likewise rode bare into the Hall with him the Drums of the Guard beating in the mean time without in the Palace-yard And the day after Proclamation was made to the same effect in Cheapside and at the Old-Exchange And in order to this grand Tryal Hillary Term which usually begins Jan. 23. was adjourned for fourteen dayes The House of Lords refusing to concur with the Commons in their Ordinance for the Kings Tryal the Commons resolve and Vote That all Members and others appointed to Act in any Ordinance are impowered and enjoyned to Sit Act and Execute notwithstanding the House of Peers joyn not with them And now the Ministers in general and the Presbyterians likewise who had been active against the Kings Cause declare themselves both in their Pulpits and by earnest Petitions to the Parliament to be zealous abhorrers of the Kings death and every where publickly protest against this Tryal The Nobility likewise offer themselves Pledges on the Kings behalf and the People universally seem greatly troubled and astonisht Notwithstanding all which the House of Commons and the Army went desperately on and a New and Illegal Tribunal called An High Court of Justice was erected the Commissioners whereof met in the Painted Chamber to consult what course to take about the Tryal of the King Fryday Jan. 19. 1648. The King was brought with a strong Guard of Horse from Windsor to St. James's and the next day Serjeant Bradshaw President of the pretended High Court of Justice with about seventy of the Members of the said Court having Coll. Fox and sixteen Gentlemen with Partizans and a Sword born by Coll. Humphrey and a Mace by Serj. Dandy with their and other Officers of the faid Court marching before them came to the place ordered to be prepared for their sitting at the West end of the Great Hall in Westminster where the Lord President in a Crimson Velvet Chair fixed in the midst of the Court placed himself having a Desk with a Crimson Velvet Cushion before him The rest of the Members placing themselves on each side of him upon the several Seats or Benches prepared and hung with Scarlet for that purpose and the Partizans dividing themselves on each side of the Court before them The Court being thus set and silence made the great Gate of the said Hall was set open to the end That all persons without exception desirous to see or hear might come into it upon which the Hall was presently filled and Silence again ordered This done Colonel Thomlinson who had the charge of the King as a Prisoner was commanded to bring him to the Court who within a quarter of an hours space brought him attended with about twenty Officers with Partizans marching before him there being Coll. Hacker and other Gentlemen to whose care and Custody he was likewise committed marching in his Rear Being thus brought up within the face of the Court the Serjeant at Arms with his Mace receives and conducts him streight to the Bar where a Crimson Velvet Chair was set for the King After a stern looking upon the Court and the people in the Galleries on each side of him he places himself not at all moving his Hat or otherwise shewing the least respect to the Court but presently rises up again and turns about looking downwards upon the Guards placed on the left side and on the multitude of Spectators on the right side of the said great Hall After Silence made among the people the Act of Parliament for the Trying of CHARLES STVART King of England was read over by the Clerk of the Court who sate on one side of the Table covered with a rich Turkey Carpet and placed at the feet of the said Lord President upon which Table was also laid the Sword and Mace After reading the said Act the several Names of the Commissioners were called over every one who was present rising up and answering to his Call The King having again placed himself in his Chair with his face towards the Court Silence being again ordered the Lord President stood up and said President CHARLES STVART King of England The Commons of England Assembled in Parliament being deeply sensible of the Calamities that have been brought upon this Nation which is fixed upon you as the Principal Author of them have resolved to make inquisition for Blood and according to that Debt and Duty they owe to Justice to God the Kingdom and themselves and according to the Fundamental Power that rests in themselves They have
of his Staff fell off the which he wondered at and seeing none to take it up he stoop'd for it himself and put it in his pocket 2. That as the King was going away he looking with a very austere countenance upon the Court without stirring of his Hat replyed Well Sir when the L. President commanded the Guard to take him away and at his going down he said I do not fear that pointing with his staff at the Sword The people in the Hall as he went down the stairs cryed out some God save the King and some for Justice O yes being called the Court adjourned till Monday next January 22. at 9. in the morning to the Painted Chamber and from thence to the same place again in Westminster Hall January 21. being Sunday the Commissioners kept a Fast at White-Hall there Preached Mr. Spigge his Text was He that sheds Mans blood by Man shall his blood be shed next Mr. Foxeley his Text Judge not least you be judged Last was Mr. Peters his Text was I will bind their Kings in Chains and their Nobles in fetters of Iron At the High-Court of Justice sitting in Westminster-Hall Monday Jan. 22. 1648. O Yes made Silence commanded The Court called and answered to their Names Silence commanded upon pain of imprisonment and the Captain of the Guard to apprehend all such as make disturbance Upon the Kings coming in a shout was made Command given by the Court to the Captain of the Guard to fetch and take into his custody those who make any disturbance Mr. Solicitor May it please your Lordship my Lord President I did at the last Court in the behalf of the Commons of England exhibit and give into this Court a Charge of High Treason and other high Crimes against the Prisoner at the Bar whereof I do accuse him in the name of the People of England and the Charge was read unto him and his Answer required My Lord he was not then pleased to give an Answer but in stead of answering did there dispute the Authority of this High Court My humble Motion to this High Court in behalf of the People of England is That the Prisoner may be directed to make a positive Answer either by way of Confession or Negation which if he shall refuse to do that the matter of Charge may be taken pro confesso and the Court may proceed according to Justice President Sir You may remember at the last Court you were told the occasion of your being brought hither and you heard a Charge against you containing a Charge of high Treason and other high Crimes against this Realm of England you heard likewise that it was prayed in the behalf of the People that you should give an answer to that Charge that thereupon such proceedings might be had as should be agreeable to justice you were then pleased to make some scruples concerning the Authority of this Court and knew not by what Authority you were brought hither you did divers times propound your Questions and were as often answered that it was by Authority of the Commons of England assembled in Parliament that did think fit to call you to an account for those high and capital misdemeanours wherewith you were then charged Since that the Court hath taken into Consideration what you then said they are fully satisfied with their own Authority and they hold it fit you should stand satisfied with it too and they do require it that you do give a positive and particular Answer to this Charge that is exhibited against you they do expect you should either confess or deny it if you deny it is offered in the behalf of the Nation to be made good againsts you their Authority they do avow to the whole world that the whole Kingdom are to rest satisfied in and you are to rest satisfied with it and therefore you are to lose no more time but to give a positive Answer thereunto King When I was here last 't is true I made that Question and truly if it were onely my own particular case I would have satisfied my self with the Protestation I made the last time I was here against the Legality of this Court and that a King cannot be tryed by any Superiour Jurisdiction on Earth but it is not my case alone it is the Freedom and the Liberty of the people of England and do you pretend what you will I stand more for their Liberties For if power without Law may make Laws may alter the fundamental Laws of the Kingdom I do not know what Subject he is in England that can be sure of his life or any thing that he calls his own therefore when that I came here I did expect particular Reasons to know by what Law what Authority you did proceed against me here and therefore I am a little to seek what to say to you in this particular because the Affirmative is proved the Negative often is very hard to do but since I cannot perswade you to do it I shall tell you my Reasons as short as I can My Reasons why in Conscience and the duty I owe to God first and my People next for the preservation of their Lives Liberties and Estates I conceive I cannot answer this till I be satisfied of the legality of it Here the King would have delivered his Reasons All proceedings against any man whatsoever President Sir I must interrupt you which I would not do but that what you do is not agreeable to the proceedings of any Court of Justice you are about to enter into Argument and dispute concerning the Authority of this Court before whom you appear as a Prisoner and are charged as an high Delinquent if you take upon you to dispute the Authority of the Court we may not do it nor will any Court give way unto it you are to submit unto it you are to give in a punctual and direct Answer whether you will answer to your Charge or no and what your Answer is King Sir by your favour I do not know the forms of Law I do know Law and Reason though I am no Lawyer professed yet I know as much Law as any Gentleman in England and therefore under favour I do plead for the Liberties of the People of England more than you do and therefore if I should impose a belief upon any man without Reasons given for it it were unreasonable but I must tell you That by that Reason that I have as thus informed I cannot yield unto it President Sir I must interrupt you you may not be permitted you speak of Law and Reason it is fit there should be Law and Reason and there is both against you Sir the Vote of the Commons of England Assembled in Parliament it is the Reason of the Kingdom and they are these too that have given that Law according to which you should have ruled and reigned Sir you are not to dispute our Authority you are told it again by
the Court. Sir it will be taken notice of that you stand in contempt of the Court and your contempt will be recorded accordingly King I do not know how a King can be a Delinquent not by any Law that ever I heard of all men Delinquents or what you will let me tell you they may put in Demurrers against any proceedings as Legal and I do demand that and demand to be heard with my Reasons if you deny that you deny Reason President Sir you have offered something to the Court I shall speak something unto you the sence of the Court Sir neither you nor any man are permitted to dispute that point you are concluded you may not demur the Jurisdiction of the Court if you do I must let you know that they over-rule your Demurrer they sit here by the Authority of the Commons of England and all your Predecessors and you are responsible to them King I deny that shew me one President President Sir you ought not to interrupt while the Court is speaking to you this point is not to be debated by you neither will the Court permit you to do it if you offer it by way of Demurrer to the Jurisdiction of the Court they have considered of their Jurisdiction they do affirm their own Jurisdiction King I say Sir by your favour that the Commons of England was never a Court of Judicature I would know how they came to be so President Sir you are not to be permitted to go on in that Speech and these Discourses Then the Clerk of the Court read as followeth Charles Stuart King of England You have been accused on the behalf of the People of England of High Treason and other high Crimes the Court have determined that you ought to answer the same King I will answer the same as soon as I know by what Authority you do this President If this be all that you will say then Gentlemen you that brought the Prisoner hither take charge of him back again King I do require that I may give in my Reasons why I do not Answer and give me time for that President Sir 'T is not for Prisoners to require King Prisoners Sir I am not an ordinary Prisoner President The Court hath considered of their Jurisdiction and they have already affirmed their Jurisdiction if you will not answer we shall give order to record your default King You never heard my Reasons yet President Sir your Reasons are not to be heard against the highest Jurisdiction King Shew me that Jurisdiction where Reason is not to be heard President Sir We shew it you here the Commons of England and the next time you are brought you will know more of the pleasure of the Court and it may be their final determination King Shew me wherever the House of Commons was a Court of Judicature of that kind President Serjeant take away the Prisoner King Well Sir remember that the King is not suffered to give his Reasons for the Liberty and Freedom of all his Subjects President Sir You are not to have liberty to use this language how great a friend you have been to the Laws and Liberties of the people let all England and the World judge King Sir under favour it was the Liberty Freedom and Laws of the Subject that ever I took defended my self with Arms I never took up Arms against the People but for my people and the Laws President The command of the Court must be obeyed no Answer will be given to the Charge King Well Sir Then the Lord President ordered the default to be recorded and the Contempt of the Court and that no answer would be given to the Charge And so was guarded forth to Sir Robert Cotton's house Then the Court adjourned to the Painted Chamber on Tuesday at twelve a clock and from thence they intended to adjourn to Westminster-Hall at which time all persons concerned were to give their attendance Resolutions of the Court at their meeting in the Painted Chamber Lunae Jan. 22. 1648. This day the King being withdrawn from the Bar of the High Court of Justice the Commissioners of the said High Court of Justice sate private in the Painted Chamber and considered of the Kings carriage upon the Saturday before and of all that had then passed and fully approved of what the Lord President had done and said in the managing of the business of that day as agreeing to their sence And perceiving what the King aimed at viz. to bring in question if he could the Jurisdiction of the Court and the Authority thereof whereby they sate and considering that in the interim he had not acknowledged them in any sort to be a Court or his Judges and through their sides intended to wound if he might be permitted the Supream Authority of the Commons of England in their Representatives the Commons assembled in Parliament after advice with their Councell learned in both Laws and mature deliberation had of the matter Resolved That the King should not be suffered to argue the Courts Jurisdiction of that which constituted them a Court of which debate they had not proper Conusance nor could they being a derivative Judge of that Supream Court which made them Judges from which there was no Appeal and did therefore order and direct viz. Ordered That in case the King shall again offer to dispute the Authority of the Court the Lord President do let him know that the Court have taken into consideration his demands of the last day and that he ought to rest satisfied with this Answer That the Commons of England assembled in Parliament have constituted this Court whose power may not nor should be permitted to be disputed by him That in case the King shall refuse to answer or acknowledge the Court the Lord President do let him know that the Court will take it as a Contumacy and that it shall be so Recorded That in case he shall offer or answer with a saving notwithstanding of his pretended Prerogatives above the jurisdiction of the Court That the Lord President do in the Name of the Court refuse his protest and require his positive Answer whether he will own the Court or not That in case the King shall demand a Copy of the Charge that he shall then declare his intention to Answer and that declaring his intention a Copy be granted unto him That in case the King shall still persist in his contempt the Lord President do give command to the Clerk to demand of the King in the name of the Court in these words following viz. Charles Stuart King of England you are accused in the behalf of the People of England of divers high Crimes and Treasons which Charge hath been read unto you The Court requires you to give a positive Answer to confess or deny the Charge having determined that you ought to Answer the same At the High Court of Justice sitting in Westminster Hall Tuesday Jan. 23. 1648. O yes made
Silence commanded The Court called Seventy three Persons present The King comes in with his Guard looks with an austere countenance upon the Court and sits down The second O Yes made and silence commanded Mr. Cook Solicitor General May it please your Lordship my Lord President This is now the third time that by the great grace and favour of this High Court the Prisoner hath been brought to the Bar before any Issue joyned in the Cause My Lord I did at the first Court exhibit a Charge against him containing the highest Treason that ever was wrought upon the Theatre of England that a King of England trusted to keep the Law That had taken an Oath so to do That had Tribute paid him for that end should be guilty of a wicked design to subvert and destroy our Lawes and introduce an Arbitrary and Tyrannical Government in the defiance of the Parliament and their Authority set up his Standard for War against his Parliament and People and I did humbly pray in the behalf of the People of England that he might speedily be required to make an answer to the Charge But my Lord instead of making any Answer he did then dispute the Authority of this High Court your Lordship was pleased to give him a further day to consider and to put in his Answer which day being yesterday I did humbly move that he might be required to give a direct and positive answer either by denying or confession of it but my Lord he was then pleased for to demurre to the Jurisdiction of the Court which the Court did then overrule and command him to give a direct and positive Answer My Lord besides this great delay of Justice I shall now humbly move your Lordship for speedy Judgment against him My Lord I might presse your Lordship upon the whole That according to the known Rules of the Law of the Land That if a Prisoner shall stand as contumacious in contempt and shall not put in an issuable plea Guilty or not Guilty of the Charge given against him whereby he may come to a fair Tryal That as by an implicite confession it may be taken pro confesso as it hath been done to those who have deserved more favour than the Prisoner at the Bar has done but besides my Lord I shall humbly presse your Lordship upon the whole Fact the House of Commons the Supream Authority and Jurisdiction of the Kingdom they have declared That it is notorious That the matter of the Charge is true as it is in truth my Lord as clearas Chrystal and as the Sun that shines at noon-day which if your Lordship and the Court be not satisfied in I have notwithstanding on the people of Englands behalf several witnesses to produce And therefore I do humbly pray and yet I must confess it is not so much I as the innocent blood that hath been shed the cry whereof is very great for justice and judgment and therefore I do humbly pray that speedy Judgement be pronounced against the Prisoner at the Bar. President Sir you have heard what is moved by the Councel on the behalf of the Kingdom against you Sir you may well remember and if you do not the Court cannot forget what dilatory dealings the Court hath found at your hands you were pleased to propound some Questions you have had your Resolutions upon them You were told over and over again That the Court did affirm their own jurisdiction That it was not for you nor any other man to dispute the Jurisdiction of the Supreme and highest Authority of England from which there is no Appeal and touching which there must be no dispute yet you did persist in such carriage as you gave no manner of obedience nor did you acknowledge any Authority in them nor the High Court that constituted this Court of Justice Sir I must let you know from the Court That they are very sensible of these delays of yours and that they ought not being thus Authorized by the supreme Court of England to be thus trifled withall and that they might in justice if they pleased and according to the Rules of Justice take advantage of these delayes and proceed to pronounce judgment against you yet nevertheless they are pleased to give direction and on their behalfs I do require you that you make a positive Answer unto this Charge that is against you Sir in plain terms for Justice knows no respect of persons you are to give your positive and final Answer in plain English whether you be guilty or not guilty of these Treasons laid to your Charge The King after a little pause said When I was here yesterday I did desire to speak for the Liberties of the People of England I was interrupted I desire to know yet whether I may speak freely or not President Sir you have had the Resolution of the Court upon the like Question the last day and you were told That having such a Charge of so high a Nature against you your Work was that you ought to acknowledge the jurisdiction of the Court and to Answer to your Charge Sir if you Answer to your Charge which the Court gives you leave now to do though they might have taken the advantage of your Contempt yet if you be able to Answer to your Charge when you have once Answered you shall be heard at large make the best Defence you can But Sir I must let you know from the Court as their commands that you are not to be permitted to issue out into any other discourses till such time as you have given a positive Answer concerning the Matter that is Charged upon you King For the Charge I value it not a Rush it is the Liberty of the people of England that I stand for for me to acknowledge a new Court that I never heard of before I that am your King that should be an example to all the people of England for to uphold Justice to maintain the old Laws indeed I do not know how to do it you spoke very well the first day that I came here on Saturday of the Obligations that I had laid upon me by God to the maintenance of the Libertyes of my People The same Obligation you speak of I do acknowledge to God that I owe to Him and to my people to defend as much as in me lies the ancient Laws of the Kingdom therefore until that I may know that this is not against the Fundamental Laws of the Kingdom by your favour I can put in no particular Answer If you will give me time I will then shew you my Reasons why I cannot do it and this Here being interrupted he said By your favour you ought not to interrupt me how I came here I know not there 's no Law for it to make your King your Prisoner I was lately in a Treaty upon the publick Faith of the Kingdom that was the known the two Houses of Parliament that was the
on that trouble and perpetual inconveniency to the Kingdom that the Child that is unborn may repent it and therefore again out of the Duty I owe to God and to my Countrey I do desire that I may be heard by the Lords and Commons in the Painted Chamber or any other Chamber that you will appoint me President Sir you have been already answered to what you even now moved being the same you moved before since the Resolution and the Judgement of the Court in it and the Court now requires to know whether you have any more to say for Your self than you have said before they proceed to Sentence King I say this Sir That if you will hear me if you will give me but this delay I doubt not but I shall give some satisfaction to you all here and to my people after that and therefore I do require you as you will Answer it at the dreadfull day of judgment that you will consider it once again President Sir I have received direction from the Court King Well Sir President If this must be re-inforc'd or any thing of this nature your answer must be the same and they will proceed to Sentence if you have nothing more to say King I have nothing more to say but I shall desire that this may be entred what I have said President The Court then Sir hath something to say unto you which although I know it will be very unacceptable yet notwithstanding they are willing and are resolved to discharge their Duty Sir you speak very well of a precious thing that you call Peace and it had been much to be wished that God had put it into your heart that you had as effectually and really endeavoured and studied the Peace of the Kingdom as now in words you seem to pretend but as you were told the other day Actions must expound Intentions yet Actions have been clean contrary and truly Sir it doth appear plainly enough to them that you have gone upon very erroneous principles the Kingdom hath felt it to their smart and it will be no ease to you to think of it for Sir you have held your self and let fall such Language as if you had been no wayes subject to the Law or that the Law had not been your Superiour Sir the Court is very well sensible of it and I hope so are all the understanding people of England That the Law is your Superiour That you ought to have ruled according to the Law you ought to have done so Sir I know very well your pretence hath been that you have done so but Sir the difference hath been who shall be the Expositors of this Law Sir whether you and your party out of Courts of Justice shall take upon them to expound Law or the Courts of Justice who are the Expounders nay the Soveraign and the High Court of Justice the Parliament of England who are not onely the highest Expounders but the sole Makers of the Law Sir for you to set your self with your single judgment and those that adhere unto you against the highest Court of Justice that is not Law Sir as the Law is your superiour so truly Sir there is something that is superior to the Law and that is indeed the Parent or Author of the Law and that is the People of England For Sir as they are those that at the first as other Countreys have done did chuse to themselves this Form of Government even for Justice sake that Justice might be administred that Peace might be preserved so Sir they gave Laws to their Governors according to which they should govern and if those Laws should have proved inconvenient or prejudicial to the publick they had a power in them and reserved to themselves to alter as they should see cause Sir it is very true what some of your side have said Rex non habet parem in Regno This Court will say the same while King That you have not your Peer in some sence for you are Major singulis but they will averr again that you are Minor universis and the same Author tells you that in exhibitione juris there you have no power but are quasi minimus This we know to be Law Rex habet superiorem Deum Legem etiam Curiam and so says the same Author and truly Sir he makes bold to go a little further Debent ei ponere fraenum They ought to bridle him and Sir we know very well the stories of old Those Wars that were called the Barons Wars when the Nobility of the Land did stand out for the Liberty and Property of the Subject and would not suffer the Kings that did invade to play the Tyrants here but called them to account for it we know that truth That they did fraenum ponere But Sir if they do forbear to do their duty now and are not so mindful of their own honour and the Kingdoms good certainly the Commons of England will not be unmindful of what is for their preservation and for their safety Justitiae fruendi causa Reges constituti sunt This we learn is the end of having Kings or any other Governours it 's for the enjoying of Justice that 's the end Now Sir if so be the King will go contrary to the end of his Government Sir he must understand that he is but an Officer of trust and he ought to discharge that trust and they are to take order for the animadversion and punishment of such an offending Governour This is not Law of yesterday Sir since the time of the division betwixt you and your People but it is Law of old And we know very well the Authors and Authorities that do tell us what the Law was in that point upon the Election of Kings upon the Oath that they took unto their People and if they did not observe it there weere those things called Parliaments The Parliaments were they that were to adjudge the very words of the Author the plaints and wrongs done of the King and Queen or their Children such wrongs especially when the People could have no where else any remedy Sir that hath been the People of Englands case they could not have their remedy elsewhere but in Parliament Sir Parliaments were ordained for that purpose to redress the grievances of the People that was their main end and truly Sir if so be that the Kings of England had been rightly mindful of themselves they were never more in Majesty and State than in the Parliament but how forgetfull some have been Histories have told us We have a miserable a lamentable a sad experience of it Sir by the old Laws of England I speak these things the rather to you because you were pleased to let fall the other day you thought you had as much knowledge in the Law as most Gentlemen in England it is very well Sir And truly Sir it is very good for the Gentlemen of England to understand that Law
been stories will tell you if you go no higher than the time of the Conquest if you do come down since the Conquest you are the 24th King from William called the Conqueror you shall find one half of them to come meerly from the State and not meerly upon the point of Descent it were easie to be instanced to you the time must not be lost that way And truly Sir what a grave and learned Judge said in his time and well known to you is since printed for posterity That although there was such a thing as a Descent many times yet the Kings of England ever held the greatest assurance of their titles when it was declared by Parliament And Sir your Oath the manner of your Coronation doth shew plainly That the Kings of England and though it 's true by the Law the next person in blood is designed yet if there were just cause to refuse him the people of England might do it For there is a Contract and Bargain made between the King and his People and your Oath is taken and certainly Sir the Bond is reciprocal for as you are the liege Lord so they liege Subjects and we know very well that hath been so much spoken of Ligantis est duplex This we know now the one tye the one Bond is the bond of perfection which is due from the Soveraign the other is the bond of Subjection that is due from the Subject Sir if this bond be once broken farewel Soveraignty Subjectio trahit c. These things may not be denyed Sir I speak it the rather and I pray God it may work upon your heart that you may be sensible of your miscarriages For whether you have been as by your Office you ought to be a Protector of England or the Destroyer of England let all England judge or all the world that hath look'd upon it Sir though you have it by Inheritance in the way that is spoken of yet it must not be denyed that your Office was an Office of Trust and an Office of the highest trust lodged in any single person For as you were the grand Administrator of Justice and others were as your Delegates to see it done throughout your Realms if your great Office were to do Justice and preserve your People from wrong and instead of doing that you will be the great wrong-doer your self If instead of being a Conservator of the Peace you will be the Grand Disturber of the Peace surely this is contrary to your Office contrary to your Trust Now Sir if it be an Office of Inheritance as you speak of your Title by Descent let all men know that great Offices are seizable and forfeitable as if you had it but for a year and for your life Therefore Sir it will concern you to take into your serious consideration your great miscarriages in this kind Truly Sir I shall not particularize the many miscarriages of your Reign whatsoever they are famously known it had been happy for the Kingdom and happy for you too if it had not been so much known and so much felt as the story of your miscarriages must needs be and hath been already Sir That that we are now upon by the command of the highest Court hath been and is to Trie and Judge you for great offences of yours Sir the Charge hath called you Tyrant a Traytor a Murtherer and a publick Enemy to the Common-wealth of England Sir it had been well if that any of all these terms might rightly and justly have been spared if any one of them at all King Ha President Truly Sir we have been told Rex est dum bene regit Tyrannus qui populum opprimet and if so be that be the definition of a Tyrant then see how you come short of it in your Actions whether the highest Tyrant by that way of Arbitrary Government and that you have sought to introduce and that you have sought to put you were putting upon the People whether that was not as high an Act of Tyrannie as any of your Predecessors were guilty of nay many degrees beyond it Sir the term Traytor cannot be spared we shall easily agree it must denote and suppose a breach of Trust and it must suppose it to be done by a Superiour and therefore Sir as the People of England might have incurred that respecting you if they had been truly guilty of it as to the definition of Law so on the other side when you did break your Trust to the Kingdom you did break your Trust to your Superior For the Kingdom is that for which you were trusted And therefore Sir for this breach of Trust when you are called to account you are called to account by your Superiors Minimus ad Majorem in judicium vocat And Sir the People of England cannot be so far wanting to themselves which God having dealt so miraculously and gloriously for they having power in their hands and their great Enemy they must proceed to do Justice to themselves and to you For Sir the Court could heartily desire That you would lay your hand upon your heart and consider what you have done amiss That you would endeavour to make your peace with God Truly Sir These are your high crimes Tyranny and Treason There is a third thing too if those had not been and that is Murther which is laid to your charge All the bloody Murthers that have been committed since this time that the Division was betwixt you and your People must be laid to your charge that have been acted or committed in these late Wars Sir it is an heinous and crying sin and truly Sir if any man will ask us what punishment is due to a Murtherer Let Gods Law let Mans Law speak Sir I will presume that you are so well read in Scripture as to know what God himself hath said concerning the shedding of Mans blood Gen. 9. Num. 35. will tell you what the punishment is and which this Court in behalf of the Kingdom are sensible of of that innocent blood that has been shed whereby indeed the Land stands still defiled with that blood and as the Text hath it It can no way be cleansed but with the shedding of the blood of him that shed this blood Sir we know no Dispensation from this blood in that Commandement Thou shalt do no Murder we do not know but that it extends to Kings as well as to the meanest Peasants the meanest of the People the command is universal Sir Gods Law forbids it Mans Law forbids it nor do we know that there is any manner of exception nor even in mans Laws for the punishment of Murther in you 'T is true that in the case of Kings every private hand was not to put forth it self to this work for their Reformation and punishment But Sir the People represented having power in their hands had there been but one wilful act of Murther by you committed had power to have convented you
among them His Majesty having received it returned this short Answer thereunto That he would have them in the first place Consult about Matters of the greatest Importance and that they should have time enough for other things afterward This happened in the year 1626 and in the Second Year of his Majesties Reign about which time the Earl of Bristoll being ordered by the King to be Examined by a Committee of Lords concerning his Negotiation in Spain and having been in Prison and prohibited access to His Majesty ever since his return received a Letter from the Lord Conway wherein in order to his Relief he propounded to him from His Majesty this Choice Whether he would be quiet and not be questioned for what was past and enjoy the benefit of the late Gracious Pardon or whether he would stand upon his Justification To which he Answered That he did humbly acknowledge and accept of his Majesties Grace and Favour And at the same time he Petitioned the House of Lords for his Liberty or to come to a Tryal who apylying themselves to his Majesty he granted a Writ for the Earls coming to Parliament but with a Proviso That his Personal Attendance should be forborn whereupon the Earl sent another Petition to the Lords that he might be heard both as to his Restraint and of what he had to say against the Duke At which the King was much concerned and signified to the Lords That it was his Royal Pleasure that the Earl of Bristol might be sent for as a Delinquent to answer his Offences to the House and his scandalizing the Duke of Buckingham and his Majesty likewise by Reflection Upon this the Earl was accordingly brought to the Bar and being ready to be impeacht of High Treason by the Attorney General he besought their Lordships That as he was a Freeman and Peer of this Realm untainted and had something to say of high Consequence for his Majesties Service he might have liberty to speak Which being granted him he said I accuse that Man the Duke of Buckingham of High Treason This unexpected procedure of the Earl occasioned the Attorney General to draw up a Charge against him consisting of Eleven Articles containing Matters of divers Natures whereupon the Earl afterwards gave a large Account of the Duke of Buckinghams proceedings towards him and then preferr'd Twelve Articles against him and besides these Articles against the Duke the Earl of Bristol exhibited Eleven others against the Lord Conway the Earl likewise gave in his Answer to each particular Article of his Impeachment Now whilst these two Peers were thus contesting the House of Commons presented an Impeachment to the Lords against the Duke consisting of Twelve Articles to each of which the Duke made Replies and the last of them being a matter of general Discourse it may seem necessary to insert it with the Dukes Answer thereto That the Duke being a Sworn Servant of the the late King did cause and provide certain Plaisters and Potions for his late Majesty K. James in in his last Sickness without the Privity of his Majesties Physicians and that although those Plaisters and Potions formerly applied produced such ill Effects as many of his Sworn Phisicians did disallow as prejudicial to his Maiesties Health yet the Duke did apply them again to his Majesty whereupon great Distempers and dangerous Symptoms appeared in him which the Physitians imputed to those Administrations of the Duke whereof his late Majesty also complained which is an Offence and Misdemeanor of so high a Nature as may be called an Act of Transcendent Presumption And the said Commons by Protestation saving to themselves the liberties of exhibiting hereafter any other Accusation or Impeachment against the Duke and also of Replying unto what the Duke shall Answer unto the said Articles do pray That the said Duke may be put to Answer all and every the Premises and that such Proceeding Examinations Tryals and Judgments may be upon every of them had as is agreeable to Law and Justice To this Article the Duke of Buckingham Replyed That his late Majesty being sick of an Ague a Disease out of which the Duke recovered not long before asked the Duke what he found most Advantagious to his Health The Duke replyed a Plaister and Possit Drink administred unto him by the Earl of Warwick 's Physician whereupon the King much desired the Plaister and Possit drink to be sent for and the Duke delaying it the King commanded a Servant of the Dukes to go for it against the Dukes earnest request he humbly D Buckingham stab'd by Felton Mr Pryn Burton Bastnich in the Pillory The Tumult in Scotland upon Reading the Comon pray r craving his Majesty not to make use of it without the Advice of his own Physicians and Experiment upon others which the King said he would do and in confidence thereof the Duke left him and went to London and in the mean time he being absent the said Plaister and Posset Drink were brought and at the Dukes return his Majesty commanded the Duke to give him the Posset Drink which he did the Physicians then present not seeming to mislike it afterwards the Kings Health declining and the Duke hearing a Rumour as if his Physick had done his Majesty hurt and that he had administred Physick without Advice the Duke acquainted the King therewith who with much discontent replyed They are worse then Devils that say so About this time the King again earnestly pressed the House of Commons for a speedy Supply by their Speaker Sir Heneage Finch giving them to understand That if there did not pass the Bill of Subsidy by the end of the week following it would inforce him to take other Resolutions and if by their denial or delay any thing of ill consequence should fall out either at home or abroad he called God and Man to witness that he had done his part to prevent it by calling his People together to advise with him whose sitting if they dispatched this according to his desire he resolved to continue for the dispatch of other Affairs and after their Recess to bring them again together the next Winter Before the Commons sent an Answer they drew up a Petition to his Majesty That he would be pleased to Remove from all places of Trust and Authority all such Persons as were either Popish Recusants or according to the Direction of former Acts of State justly to be suspected to be such And herewith they likewise sent a large Scrowl of the Names of all such Noblemen and others as continued in places of high Trust in the several Counties of England The Answer to the late Articles against the Duke of Buckingham being by him delivered into the Lords House he desired their Lordships to send to the Commons for a speedy Reply whereupon the Commons required a Copy of his Answer But the Duke fearing what might be the Effect thereof humbly applyed himself to the Lords whom he intreated
was not admitted in whereupon the King with his Guard of Pensioners were resolved to force their Entrance which the Commons having notice of they suddenly went all out of the House and this was the end of this Parliament After their Dissolution the King publisheth a Declaration of the Causes thereof and then question'd Eleven of the Refractory Members at the Council Table who were all committed to divers Prisons About the same time the Marquis of Huntley Sheriff of the greatest part of Scotland neglecting the Order of the Council for seizing some Priests and Jesuites who publickly said Mass and committed other Insolences at Aberdeen with several other Lords who joyned with him and refused to appear upon Summons and had likewise given notice to the Priests and Jesuites to escape were proclaimed Rebels and Traitors to the King and Kingdom upon which they fled into England The French King having had much loss by the War with England did now therefore propose and conclude a Peace with the King consisting of several Articles A Paper was about this time dispersed abroad containing some Projects how the King might Augment his Revenues without the help of Parliaments upon which the Earls of Bedford Somerset and Clare with others where committed upon Information that they had dispersed some Copies of them but Sir David Fowls soon cleared them who deposed upon Oath that it was contrived near Sixteen years before by Sir Robert-Dudley Son to the Earl of Leicester when he was in Italy The dissolving the last Parliament procured great Animosities in the People against the Prime Ministers of State which occasioned divers Invective Libels to be dispersed abroad whereof one against Bishop Laud was found in the Dean of St. Pauls Yard to this Effect Laud look to thy self be assured thy life is sought as thou art the Fountain of Wickedness repent of thy monstrous sin before thou be taken out of the World and assure thy self Neither God nor the World can endure such a vile Councellor or Whisperer Another very bitter Libel was scattered against the Lord Treasurer Weston On the other side some considering the unsuccesfulness of this and the two former Parliaments advised never for the future to call any more Parliaments and to that end the forementioned Book of Projects was published and addrest to the King proposing some methods to prevent the Impertinency of Parliaments as he called them for time to come by the Example of Lewes 11th of France who pretended that the Commons or Third Estate did incroach too much upon the Nobility and Clergy dissolved it and never after suffered the People freely to Elect their Representatives but nominated certain Eminent Persons himself instead thereof which is called L' Assembly des Notabiles or the Assembly of Chief or Principal Men and the Methods proposed to avoid Parliaments were 1. To have a Fortress in every considerable Town 2. To cause high-ways to be made through all such Towns 3. To make none of the Inhabitants Governors of those Fortresses 4. To let none pass through those Towns without a Ticket 5. To have the Names of all Lodgers taken by Innkeepers 6. To impose a general Oath upon the Subjects not to oppose any of these Contrivances And to increase the Kings Revenue the Advice was 1. To demand the Tenth part of every Mans Estate 2. To buy all Leases upon the Crown Lands 3. To take the benefit of Salt into his own hands 4. To demand a Rate for Sealing the Weights every year 5. To lay a Taxe upon Wools. 6. Upon every Lawyers Fee 7. Upon Inns and Victualling Houses for a Licence 8. Upon all Cattle Flesh and Horses sold in the Market 9. Upon all Lands Alienated 10. To set a Rate upon all Offices in his Majesties Grant 11. To Reduce his Majesties Houshold to board wages 12. To lay a Taxe upon White Meats on fasting days 13. To lay an Imposition upon the Papists Lands 14. To Advance some Hundreds of Persons to Honours 15. To prohibit excess in Apparel which would save the Gentry more Money then what they were Taxed would amount to The Insurection of the Apprentices at Lambeth The E of Strafford beheaded on Towerhill Cheapside Cross pulled down in 1643. Upon May 29. 1630 the Queen was delivered of a Son at St. James's who was Christened Charles and Preserved by Providence to Succeed his Father in these Three Kingdoms as his Rightful Inheritance after the Miseries of a long and tedious Exile from his Native Countrey unto which he was at length happily Restored with the general Consent and Acclamations of the whole Kingdom The King of France and the Prince Elector Yalatine represented by the Duke of Lenox and the Marquis Hamilton were his Godfathers and the Queen Mother of France represented by the Dutchess of Richmond his Godmother It was observed that at his Nativity a Star was seen at Noon-day which might portend some extraordinary Passages of this Princes Life About this time Dr. Leighton was sentenced in the Star Chamber to have his Body Whipt his Fore-head Stigmatized his Ears Cropt his Nose Slit for publishing a Book called Sions Plea wherein he exhorted the late Parliament to smite the Bishops under the Fifth Rib and called the Queen the Daughter of Heth a Canaanite and Idolatress which Sentence was accordingly inflicted on him In Ireland the Papists presumed on St. Stephens day to say Mass in Dublin while the Lords Chief Justices were at Church who having notice thereof ordered the Preists Crucifixes and Vestments to be seized and Eight Popish Aldermen were likewise Imprisoned for not Assisting the Mayor but some Papists making a Tumult rescued the Priests whom the Guards again forced to deliver back Upon Information of this Riot and Insolency Fifteen Houses were by special Order from the Council seized upon for his Majesties use and the Priests and Fryers so disturbed that two of them hanged themselves Neither did the Papists agree together for there were great Contests in England between the Jesuites and Secular Priests The Earl of Essex had many years before married the Lady Howard who complaining of his Insufficiency for Marriage Duties the Cause was brought to a Tryal and it being made appear by a Jury of Midwives and the Earls own Confession That he never could and believed he never should carnally know her Thereupon Sentence of Divorce between him and his Lady was pronounced by the Bishops However the Earl was resolved to try his Fortune once more and therefore upon his return out of the Low Countreys where he had been for some time a Souldier he now Married a Daughter of Sir William Paulet of Wiltshire but a while after she objecting the same cause of complaint desired likewise to be Divorced from him which the Earl easily cousented to and it was done accordingly In the year 1631 and the 7th of his Majesties Reign Mervin Lord Audly and Earl of Castlehaven was Tryed by his Peers upon the Petition of his own
acquainted them with a Declaration which he had procured of the King That he did discharge the Service Book Book of Canons and high Commission and likewise did annul and rescind all Acts for establishing them and did discharge the urging the Practice of the Five Articles of Perth and that all Persons whomsoever shall be liable to the Censure of Parliament General Assembly or any other Judicatories according to the Nature of the Offence That the Ancient Confelsion of Faith and Band annexed shall be subscribed and received as in K. James time That a General Assembly be holden at Glafcow Nov. 21. 1638 and a Parliament at Edenbourgh May 15. 1639 All former Offences to be pardoned and a General Fast appointed This Declaration being published the Marquess and Council subscribed the Covenanters Confession of Faith c. yet still some matter remained for a Protestation which was read by one Johnson wherein the People were exhorted to consider with whom they had to deal and exceptions were made against Bishops and their Voting in the Assembly After this they Elect Commissioners for the Assembly whom they moved to cite the Archbishops and Bishops to appear there as Guilty Persons which being refused they themselves present a Bill of Complaint against them to the Presbytery at Edenbourgh who accordingly warned them to appear at the next General Assembly At their Meeting the Bishops sent in a Protestation against their Assembly which the Covenanters would not vouchsafe to read but presumed to forbid Six Lords of the Privy Council to fit in their Assembly though nominated by the King His Majesty having notice of their proceedings as to the Bishops and other matters ordered their Assembly to be dissolved which was done accordingly Nov. 21. 1638 and the Covenanters immediately according to their usual method Issued out a Protestation against it and likewise declared 6 former Meetings which were opposite to their ways to be void and of none Effect and soon after they abolished Episcopacy and then prepared for a War as being sensible that the King would maintain the Rights of the Bishops and would likewise strictly call them to Account for their late Transactions About this time a Letter was sent by the Scots to the King of France to implore his Assistance Signed by several of the Nobility The King of England prepares an Army for Scotland with which in the year 1639 he marcheth in Person into the North but while he stayed at York some of the Scots Nobility tampered with the Eaglish telling them that the ruin of the Scots would enable the King to be more severe toward his English Subjects by which Intelligence and Correspondence it was evident that the English had no mind to Fight though their Army was much stronger than the Scots whereupon by the Mediation of some Persons a Treaty of Peace was begun and soon finished wherein it was agreed That His Majesty should publish a Declaration whereby all should be confirmed which his Commissioners had promised in his Name That a General Assembly and a Parliament be held at Edenbourgh in a short time And lastly That upon disbanding their Forces dissolving their Councils and restoring the King to his Forts and Castles c. the King was to recall his Fleet and Forces and make restitution of their Goods since the Breach The Kings Declaration was no sooner published but the Covenanters set forth another Protestation for adhereing to there Assembly at Glasco and their Covenant whereupon the King who intended to be present at their General Assembly not finding the Scots punctual in performing Articles and perceiving they would treat of some matters distasteful to him goes into England after which the Assembly sate at Edenbourgh and abolished Episcopacy the Liturgy High Commission and Book of Canons and then made several demands of the King of a various nature His Majesty understanding how things went and that the Scots levyed Taxes and prepared Arms he commanded by his Commissioner the Earl of Traquair that their Parliament should be Adjourned for some time but the Covenanters declared against this Command and sent a Remonstrance to the King and afterward Hamilton and Traquair likewise came to London where there were such proceedings as did the more exasperate the jarring parties against each other In this year 1639 a Spanish Fleet of near Seventy Sail and Twenty five thousand Men designed to be landed at Dunkirk for the relief of Flanders were set upon by the Dutch in the Downs and Eleven of them taken and sent into Holland three perished upon the Coast of France one near Dover and five were sunk in the Fight What the real intent of this Fleet was is yet uncertain for it seemed unlikely that Twenty five thousand Men should be sent only for a Recruit and the Admirals refusing to shew his Commission when required thereto by the King makes it seem yet mon suspicious The Scots Commissioners having delivered their Message return home to Edenbourgh Nov. 19. 1639. the same night that a great part of the Castle Walls fell down and the Anniversary of the King Birth day A while after the King sent the Lord Estrich and others to tepair the Walls who were resisted by the Covenanters as not judging the Lord Estrich to be a fit Governour for the Castle which Office was designed him by the King The King being hereat extreamly offended resolved since fair means would not prevail to force the Scots to reason and to that end considers how to make provisions for Men and Money and calling a secret Cabinet Council consisting only of Archbishop Laud the Earl of Strafford and Duke Hamilton who drove on his own particular interest it was concluded That for the Kings supply a Parliament must be called in England and another in Ireland but because the Debates of Parliament would take up some time it was resolved that the Lords should subscribe to lend the King money The Earl of Strafford subscribed Twenty thousand pound the Duke of Richmond as much but Hamilton pretended poverty preserving his money for other uses the rest of the Lords Judges Officers and other Dependants and many of the Gentry yea even several Popish Recusants contributed according to their ability The Scots on the other side fore-seeing the storm prepared for their own Defence making Treaties in Denmark Sweden Holland and Poland and the Jesuits who are never idle did likewise endeavour to foment the differences to which end Con the Popes Nuncio Sir Toby Matthews Read and Maxwell two Scots endeavoured to perswade the discontented People That the King designed to iuslave them to his will and pleasure Which practices of theirs were discovered by Andreas Habernsfield a Nobleman of Bohemia who declared That many of the Nobility of England and chief Favourites at Court were consenting to these Transactions and particularly the Earl and Countess of Arundel Secretary Windebank and Endymion Porter Con also performed the part of a Firebrand as all his Successors
the Popes Nuncio's that came after him did likewise and had formerly offered a Cardinals Cap to the Archbishop of Canterbury in the Popes Name In the year 1640 and the Sixteenth of the King a Parliament was called at Westminster April 13. in which the Earl of Strafford was highly honoured for his good service in Ireland in obtaining four Subsidies to maintain Ten thousand Foot and Fifteen hundred Horse And that England might follow this Example the King tells the Parliament that if they would supply him so as to suppress the Insolencies of the Scots he would acquit his claim to Shipmoney and giue satisfaction to their just Demands By which Proposals the Parliament were sensible of the Kings Necessities and therefore required satisfaction 1. For clearing the Property of the Subject 2. For establishing the True Religion 3. For Priviledges of Parliament But whilst they were debating whether the Grievances of the People or the Kings Supply should be first considered and Matters were in an hopeful posture Secretary Vane either accidentally or on purpose overthrew all at once by declaring that the King required Twelve Subsidies whereas he at that time only desired Six which so much inraged the House and made things so ill that by the Advice of the Junto the Parliament was dissolved having only sate Twenty two days however the Privy Councel likewise advised their Dissolving being assured the heats in the House of Commons were so great that they intended that very day to have voted against the War with Scotland whereby the King would have been in a worse condition than before their sitting About the same time a Convocation of Bishops sate with Commission to make such Canons as they judged for the peace of the Church and amongst other things they imposed an Oath called c. Et cetera as an Anticovenant against the Scots which because it occasioned much difference may not be unfitly inserted I A. B. Do swear that I do approve the Doctrine and Discipline or Government established in the Church of England as containing all things necessary to Salvation and that I will not endeavour by my self or any other directly or indirectly to bring in any Popish Doctrine contrary to that so established nor will I ever give my consent to alter the Government of this Church by Archbishops Deans and Arch Deacons c. Et cetera and so forth as it stands now established and as by right it ought to stand nor yet ever to subject it to the Usurpations and Superstitions of the See of Rome And all these things do I plainly and sincerely acknowledge and swear according to the plain and common sense or understanding of the same words without any Equivocation mental Evasion or secret Reservation whatsoever And this I do heartily willingly and truly upon the faith of a Christian So help me God in Jesus Christ This Oath was imposed upon all Ministers and gave great Offence This was the chief business of this Convocation which ended May 26 1640. Arch Bishop Laud by his earnest proceedings against Nonconformists and such as were called Puritans and by his strict enjoyning of Ceremonies especially reviving old Ceremonies which had not been lately observed procured much hatred to himself from the People particularly the Londiners who had a particular disgust against him for his severity upon Mr. Burton Pryn and Bastwick insomuch that upon May 9 1640 a Paper was fixed upon the Royal Exchange inciting the Apprentices to rise and sack his House at Lambeth the Monday after which they were the more inclined to do because it was reported that he was the chief instigator of the King to dissolve the last Parliament but the Arch Bishop had notice of their Design and provided accordingly however upon Monday at midnight about Five Hundred of them beset his House and endeovoured to enter but were repulsed and forced to depart having in some measure vented their Spleen in words and breaking his Glass-Windows The next day many of them were apprehended and imprisoned but three days after they were forcibly rescued from thence by their Companions who broke open the Prison doors for which one of the Ring-leaders was drawn hanged and quartered and his head and quarters set upon London-Bridge The King grew daily more offended against the Scots and calls a Select Juncto to consult about them where the Earl of Strafford delivered his mind in such Terms as were afterward made use of to his distruction War against them was resolved on and Money was to be procured one way or other the City of London was invited to lend but refused and pleaded poverty being distasted iâ— seems at some proceedings in the Star Chamber about their Plantation of London Derry in Ireland which was judged to be forfeited for some alledged misdemeanors and the Undertakers fined yet the Citizens were willing to offer a large Sum for the building a Magnificent Pallace for the King in St James's Park which took no effect The Gentry contributed indifferent freely so that with their Assistance the Royal Army was compleated the King himself being Generalissimo the Earl of Northumberland General and the Earl of Strafford Leiutenant General Northumberland falls sick and therefore the King takes the Command upon himself and sends away part of the Army Horse and Foot under the Lord Conway into the North. July 20th 1640. the Queen was delivered of a Son who was Châ—istened Henry afterward Created Duke of Glocester In the mean time the L. Conway had but ill Success for having drawn about 1200 Horse and 3000 Foot to secure the Passes upon the Riveâ— Tyne the Scotch Army under their General Lesly advanced thither better provided then before and August 27 Lesly desired leave of the L. Conway for his whole Army to pass to the King with their Petition which was denied whereupon about 300 Scotch Horse attempted to pass the River but were beaten back by the English Musquetiers who were placed under a Breast-work Lesly comes on with his Horse and charges Commissary General Wilmot who maintained the ground very stoutly till overborn with multitude and Canon they were put to a disorderly Retreat both Horse and Foot upon which the L. Conway hastes to the King with the unwelcome News Sir Jacob Astly Governor of Newcastle finding himself unable to deâ—end the place deserts it sinking the great Guns â—n the River whereby Newcastle and Durham came â—n a short time into the hands of the Scots And now Strafford comes up with whom the King retreats â—o York and stays there while Strafford who was â—ow sole Commander charges the whole miscarâ—iage upon Conway who as stoutly denies it The King had formerly declared the Scots to be Rebels and Traytors by Proclamation and commanded that publick Prayers should be put up against them in all Churches but at this time he is contented to treat with them and to that end he receives a Petition from them complaining of their Grievances To which he answers by
December 3. they presented their Petition against their Prosecutors And now the Papists began to fear a Cloud for Justice Howard was to deliver up a Catalogue of all Recusants within the Liberties of Westminster to prevent which he was stabbed by one Mr. John James in Westminster hall for which he was imprisoned in the Gate-house in order to a more severe punishment But Sir Francis Windebank Secretary of State fearing to be called to Account by the Parliament for reprieving Jesuits and Priests which he knew would be produced against him if not worse matters fled privately into France December 7th the Commons Voted Ship-money with the Opinion of the Judges thereupon to be Illegal and a Charge of High Treason was ordered to be drawn up against eight of them and they resolved to begin with the Lord Keeper Finch December 11th Alderman Pennington and some hundreds of Citizens presented a Petition subscribed by 15000 Hands against Church Discipline and Ceremonies and a while after the House of Commons Voted That the Clergy in a Synod or Convocation have no power to make Canons or Laws without Parliaments and that the Canons are against the Fundamental Laws of this Realm the Kings Prerogative the Property of the Subject the Right of Parliaments and tend to Faction and Sedition In pursuance hereof a Charge was ordered to be drawn up against Arch-bishop Laud as the principal framer of those Canons and other Delinquencies which Impeachment was seconded with another from the Scotch Commissioners upon which he was committed to the Black Rod and 10 weeks after Voted Guilty of High Treason and sent to the Tower The Scots likewise prefer a charge against the Earl of Strafford then in Custody requiring Justice against them both as the great Incendiaries and Disturbers of Church and State and Sir George Ratcliff the Earls Bosom Friend had Articles also drawn against him to this purpose That he had conspired with the Earl to bring Ireland under an Arbitrary Government and to subvert the Fundamental Laws and to bring an Army from Ireland to subdue the Subjects of England That he perswaded the Earl to use Regal Power and to deprive the Subjects of their Liberties and Properties That he countenanced Papists and built Monasteries to alienate the Affections of the Irish from England That he withdrew the Subjects of Scotland from their King And lastly That to preserve himself and the Earl of Strafford he laboured to subvert the Liberties and Priviledges of Parliament in Ireland The Lord Keeper Finch was the next Person designed to be censured and notwithstanding a Speech made in his own Vindication he was Voted a Traytor upon several Accounts and among the rest for soliciting perswading and threatning the Judges to deliver their Opinions for raising Ship-money and for several ill Offices done in moving the King to Dissolve the last Parliament and causing the publishing the Kings Declaration thereupon Next day he was accused before the Lords but he foresaw the Storm and went over into Holland The Parliament having now removed their Enemies and increasing in Reputation were designing a Bill for a Triennial Parliament for promoting which Petitions came from divers places one whereof was subscribed with 800 Hands directly against Episcopacy which the King took notice of and calling both Houses together tells them Of their slowness and the charge of Two Armies in the Kingdom and that he would have them avoid two Rocks the one about the Hierachy of Bishops which he was willing to Reform but not to alter The other concerning frequent Parliaments which he liked well but not to give his Power to Sheriffs and Constables About this time one Goodman a Popish Priest condemned at the Sessions in London was reprieved by the King upon which both Houses petitioned to know who were the Instruments of it and receiving an unsatisfactory Answer they Remonstrated against the Toleration of Papists and the Popes Nuncio Rosetti and this Goodman whom they desired might be left to the Justice of the Law To this the King answers That the increase of Popery and Papists in his Dominions is extreamly against his mind and that he would use all possible means for the restraining of it As for the Popes Nuncio Rosetti he had no Commission but only to preserve Correspondence between the Queen and the Pope which was allowed her by the Articles of Marriage however he had prevailed with her to remove him and is contented to remit the particular Case of Goodman to both Houses The Scots had been now quartered in England five months during which a Cessation had been concluded at Rippon but the full Pacification was reserved for London where Commissioners sate on both Parties to hear the Demands of the Scots and to make answer thereunto After which the Scots presented the great Account of their Charges which was Five hundred fourteen thousand one hundred twenty eight pounds nine Shillings besides the loss of their Nation which was Four hundred and forty thousand pounds This Reckoning startled the English Commissioners till the Scots told them They did not give in that Account as expecting a Total Reparation of their Charges and Losses but were content to bear a part of it hoping for the rest from the Justice and Kindness of England There was some opposition made to the Demands however Moneys were raised for the present from the City of London for the Supply of both the Northern Armies as the Parliament had done once before At this time a Match was propounded between the young Prince of Orange and the Lady Mary Eldest Daughter to the King which his Majesty liked well of and communicated it to the Parliament with whom it found an unanimous and general Reception in regard of the Alliance to be thereupon concluded with the States General and likewise that he was of the same Protestant Religion with England so that the Marriage was soon concluded Presently after four Members of the Commons delivered a Message to the Lords of a Popish Design of Levying an Army of Fifteen thousand in Lancashire and Eight thousand in Ireland and that the main promoters thereof were the Earls of Strafford and Worcester In February Sir Robert Berkly one of the Judges about Ship-money was accused of High Treason and committed Prisoner to the Black Rod. In this Month the King passed that Act for a Triennial Parliament and to let them know what value he put upon this great favour his Majesty told the Two Houses That hitherto they had gone on in those things which concerned themselves and now he expected they should proceed upon what concerned him The King then likewise signed the Bill of Subsidies which gave them such universal content that Sir Edward Littleton Lord Keeper was ordered To return the Humble Thanks of Both Houses to his Majesty at Whitehall Upon which there were Bonefires and Bells ringing in and about London in the same manner as formerly upon granting the Petition of Right March 1 1640
done His Character is Expressed by the King his Master in his Eikon Basilike who said He looked upon the Earl of Strafford as a Gentleman whose great Abilities might make a Prince rather afraid than ashamed to Imploy him in the greatest Affairs of State The fall of this powerful man so startled other great Officers of State that several resigned their places About the same time some discontents arose between the Parliament and the English Army in the North but a while after both Armies were disbanded The payment of Tonnage and Poundage had been much questioned since 1628 but now the King at the request of the Commons was content to relinquish his Claim to it and afterward pasied a Bill for Pole-money and two others for putting down the Star chamber and High Commission Courts which had proceeded with too much severity having so far out grown the power of the Law that they would not be limited nor guided by it July 5. A Charge was brought into the House of Commons against Dr. Wren Bishop of Ely being accused of some Treasonable Misdemeanors in his Diocess who thereupon Voted him unworthy and unfit to hold or exercise any Office or Dignity in Church or State and desired the Lords to join with them to request the King for his Removal from his service and so he was committed to the Tower and about the same time the Writs for Ship money and all the Proceedings therein were by the Kings consent adjudged void and 5. of the Judges that gave their Opinions for it were Impeached of high misdemeanors that is Bramston Trevor Weston Davenport and Crawly and Berkly another of the Judges was accused for Treason but no further prosecution was made therein August 6. Both the English and Scotch Armies were disbanded and four-days after the King went toward Scotland and was entertained with great demonstrations of Affection by that Nation and conferred several Places of Honour and Power upon divers of them confirming likewise the Treaty between the two Nations by Act of Parliament October 23 1641. A Horrid and Notorious Rebellion broke out in Ireland which was managed with such secrecy that it was not discovered till the night before it was to have been put in Execution which was in divers places carried on with such fury that Two hundred thousand English Men Women and Children were in a short space barbarously murdered by all manner of most cruel torments that their Devlish minds could invent And this was chiefly occasioned by the Instigation of the Irish Popish Priests Monks and Fryers who every where declaimed loudly against the Protestants saying That they were Hereticks and not to be suffered any longer to live amongst them That it was no more sin to kill one of them then to kill a dog and that it was a mortal and unpardonable sin to relieve or protect any of them Yea the Priests gave the Sacrament to divers of the Irish upon Condition they should spare neither Man Woman nor Child of the Protestants saying That it did them a great deal of good to wash their hands in their blood and that they were worse than Dogs and if any of them died in the Quarrel before their bodies were cold their souls should be in Heaven without ever calling in at Purgatory by the way This bloody Rebellion happened in a time wherein the Irish had all the Priviledges and Liberty they could reasonably expect and the ancient hatred which the Irish had born to the English did now seem to be forgotten Forty Years of Peace having compacted and cemented them together both by Alliances and Marriages which were all now miserably broken and destroyed The Castle of Dublin wherein were Ten thousand Arms and all other Forts and Magazines in the Kingdom were to have been surprized and all the English Protestants that would not joyn with them were to be murdered but the seizing of the Castle was happily prevented by one Owen Conally from some discourse accidentally in a Tavern with one Hugh Mac Mahon Grandson to the Great Earl of Tyrone the night before the intended Execution Upon this Discovery Mac Mahon and Lord Mac-Guire were seized by the Lord Chief Justices of Ireland and many Principal Conspirators escaped that night out of Dublin so was Dublin saved that all Ireland might not be lost in one day But the horrid Design was past prevention as to the General for the Conspirators were in Arms at the day appointed in all the Counties round about and poor English Protestants daily arrived there robbed and spoiled of all they had giving lamentable Relations how their Houses were seized the Towns and Villages fired and in all parts all manner of cruel Outrages and Villanies committed The Lords Justices Sir William Parsons and Sir John Burlace taking those Arms which they found in Dublin and Arming whom they could to defend themselves sent Sir Henry Spotswood to the King then in Scotland with an Account of all that happened who dispatched Sir James Stuart with Instructions to the Lords of the Privy Council in Ireland and to carry all the Money his present Stores would supply He likewise moved the Parliament of Scotland as being nearest for their assistance but they excused it because Ireland was a dependant upon the Crown of England but if the State of England would use any of their men for that service they would make Propositions in order to it At the same time likewise the King sent Post to the Parliament of England and a while after Owen O Conally the First Discoverer of the Plot came to London and brought Letters to the Earl of Leicester who was chosen Deputy but not yet gone over wherein the Lords Justices desired some Reward might be given him upon which the Parliament Voted him a Gift of 500 l. and an Annuity of 200 l. a year and at a Conference of both Houses they passed several Votes for the Relief of Ireland yet little was done till the Kings return from Scotland which was about the end of November The Irish to dishearten the English from any resistance bragged That the Queen was with their Army That the King would come amongst them also and asist them That they did but maintain his Cause against the Puritans That they had the Kings Commission for what they did shewing indeed a Patent themselves had drawn but thereto was affixed an Old Broad Seal which had been taken from an Ancient Patent out of Farnham Abby by one Plunket in the presence of many of their Lords and Priests as was afterwards attested by the Confession of several That the Scots were in the Confederacy with them And to seem to confirm this last they abstained for some time from destroying the Estates or murdering any of that Nation And on the otherside to incourage the Irish they produced pretended Letters wherein they said they were informed from England That the Parliament had passed an Act all the Irish should be compelied to the Protestant worship
and for the first offence in refusing to forfeit all their Goods for the second their Estates and for the third their Lives And besides this they presented them with the hopes of Liberty That the English Yoke should be stricken off That they should have a King of their own Nation and that then all the Goods and Estates of the English should be divided amongst them With these Motives of Spoil and Liberty which were strengthned by the former of Religion the Rebellion increased The Rebels in Ulster commanded by Sir Phelim O Neal assisted by his Brother the Brother of the Lord Mac Guire Philip O Reley and several others had possessed most of the strong places in that Province and many other which they could not take by force nor treachery were delivered to them by the English upon Articles which they afterwards like true or rather false Papists most perfidiously broke Butchering and Massacring the poor English without pity or compassion to Age or Sex though they still spared the Scotch Plantations in Ulster because of their Numbers and likewise for fear of the Scotch Army so easily to be transported to the North parts of Ireland But now their General Sir Phelim O Neal one of the Race of the late Bloody Earl of Tyrone a pretended Protestant till some time before having got together a vast number of the Natives fell upon them and destroyed their Houses and Goods and though they did not exercise that Cruelty on their Bodies yet they stript them and drove them Naked to the Scotish Shore from thence he marched into other parts and took Dundalk incamping at Arde near Tredagh The King finding his stay to be longer than he thought left the whole business of Ireland to the Parliament who declared a speedy and vigorous Assistance and Voted Fifty thousand Pound for a present Supply By which time the Lords of the Council of Ireland had Armed as many as were able and given Commissions for raising several Regiments of whom the Earl of Ormond was made Lieutenant General and a Regiment was sent from England under Sir Simon Harcourt about which time the King returned out of Scotland and was Entertained and Feasted at London and from thence Conducted to White-Hall after which the King Treated several Chief Citizens at Hampton Court where divers of the Aldermen had the honour of Knighthood December 2. The King Summons both Houses together and tells them That he had staid in Scotland longer than he expected yet not fruitlesly for he had given full satisfaction to that Nation but cannot chuse but take notice of and wonder at the unexpected Distractions he finds at home and then commends to them the State of Ireland next he publishes a Proclamation for Obedience to the Laws in force concerning Religion and the performance of Divine Service without Innovation or Abolishing of Rites and Ceremonies January 20 His Majesty makes another Speech to them and Conjures them by all that is dear to him or them to hasten the business of Ireland After which the Commons ordered a Select Committee to draw up a Petition and Remonstrance to the King the Petition was thus Most Gracious Soveraign your Majesties most humble and faithful Subjects the Commons in this present Parliament Assembled do with joy acknowledge the Favour of God in your safe return into England where the dangers and distempers of the State have caused them to desire your Presence and Authority to your Parliament for preventing of imminent Ruin and Destruction to your Kingdoms of England and Scotland fomented by a malignant party for alteration of Religion and Government the increase of Popery by the Practice of Jesuites and other Engineers and Factors of Rome corrupting the Bishops and Privy Council they being the cause of the late Scottish War and the Irish Rebellion Now for prevention they pray That your Majesty would concur with your Parliament to deprive the Bishops of their Votes To take away Oppression in Religion Church Government and Discipline To purge your Councils of such as are promoters of these Corruptions and not alienate any Escheated Lands in Ireland by reason of the Rebellion and these being granted we will make you happy This was followed by a large Remonstrance containing all the Miscarriages and Misfortunes which they termed Pressures since the beginning of his Majesties Reign As 1. The root and ground of these dangers 2. Their Maturity and Ripeness 3. The effectual means used for their Extirpation and the progress therein made 4. Thâ— Obstructions and Oppositions interrupting 5. Thâ— best means for removing these Obstacles and foâ— accomplishing the Parliaments good Intentions for restoring this Nation to its Ancient Renown The Actors and Promoters of these Evils werâ— described to be 1. The Jesuited Papists 2. Thâ— Bishops and corrupted Clergy 3. Interesteâ— Counsellors and Courtiers The root of the miâ—chief was the Malignant Party whose Practiceâ— were branched into four particulars 1. To foment differences and discontents between thâ— King and People about Prerogative and Priviledge for their own Advantages 2. To suppress thâ— purity and power of Religion 3. To Unite and Conjoyn Papists Arminians and Libertines and out of them all to compose a Body sufficient to carry on their Designs And 4. To disaffect the King to the Parliament by Slanders and by putting him upon other ways of Supply than by Parliament and that the Intentions of these Malignants were to subvert the Fundamental Laws and Principles of Government They then charge this Malignant Party more particularly as chiefly occasioning the Dissolution of three several Parliaments without Relief of Grievances The Imprisoning and Fining several of the Members raising great Sums of Money by Loan Privy Seals and Excise and blasting The Petition of Right The succesless Attempts upon France and Spain and Peace made with the Spaniard without consent of Parliament The loss of Rochel occasioned by lending part of our Fleet to the French King deserting the cause of the Palatinate charging the Kingdom with Billeting Souldiers and the Design of bringing in German Horse to inslave this Nation to Arbitrary Contributions Lastly they reflect upon Scandalous Declarations published against the Parliament upon Injustice Oppression Violence Illegal Inlargements of Forrests Coat and Conduct Money Corrupt Councils and Designs Projects Monopolies Illegal Proceedings in Courts of Judicature and Council Table charging the Bishops likewise with many Enormities particularly for contributing to raise an Army for constraining the Scots to conform to their Superstitious Ceremonies concluding with what they have done for the Reformation of these Abuses To their Petition the King returned this Answer That he knows not any Wicked or Malignant Persons whom he doth either countenance or imploy That he would concur with his People in a Parliamentary way against all Popish Designs but would not consent to deprive the Bishops of their Votes in Parliament That he judged the power of the Clergy sufficiently moderated by taking away the High Commission Court and
Council great Officers and Ministers of State may be put out except such as the Parliament shall approve and that an Oath be tendered them 2. That all Affairs of State be managed by the Parliament except such matters as are transferr'd by them to the Privy Council and to be concluded by the major part of the Nobility under their hands the full number not to exceed twenty five nor to be under Fifteen If any place shall fall Void in the interval of Parliament then that the major part of the Council chuse one to be confirmed at the next Session of Parliament 3. That all great Officers of the Kingdom shall be chosen with Approbation of Parliament 4. That the Government and Education of the Kings Children be by appointment of Parliament 5. That their Marriages be treated and concluded by Parliament 6. That the Laws against Papists Priests and others be executed without Toleration or Dispensation except by Parliament 7. That no Popish Lord or Peer have Vote in Parliament and their Children be educated in the Protestant Faith 8. That Church Government be reformed as the Parliament shall advise 9. That the Militia be settled as the Parliament have ordered and that the King recall all his Declarations published against their Ordinances therein 10. That all Privy Councellors and Judges take an Oath for the maintenance of The Petition of Right and other Statutes which shall be made this Parliament 11. That all Officers placed by Parliament hold their places Quam diu bene segesserint as long as they shall act justly 12. That all Members of Parliament put out during this time be restored again 13. That the Justice of Parliament pass upon all Delinquents and that they appear or abide their censure 14. That the general Pardon pass with Exceptions as the Parliament shall advise 15. That all Forts and Castles of this Kingdom be disposed of by Parliament 16. That the King discharge all his Guards and Forces now in being and not raise any other but in case of actual Rebellion 17. That the King enter into strict Alliance with all Protestant Kingdoms and States for their Assistance to recover the Rights of his Sister and her Princely Issue to those Dignities and Dominions which belong to them 18. That the Lord Kimbolton and the Five Members be cleared by Act of Parliament 19. That no Peer hereafter to be made shall sit in Parliament without their consent These propositions were rejected by the King as inconsistent with his Regality so that now Men began to dispair of any good issue for both sides make preparations for War The King sending out his Commissions of Array and the Parliament published an Order June 10. for bringing in money or plate to maintain the Horse Horse-men and Arms for the publick peace and defence of the King and both Houses of Parliament and declared the Kings Commission to be against the Law Liberty and property of the Subject and the Actors therein to be disturbers of the peace and Betrayers of the Subjects Liberty At this time the Lord keeper Littleton having delivered the Great Seal to one Eliot whom the King sent for it durst not stay behind for fear of being questioned but went to the King to York as many of the Peers did likewise whom the King summoning together as also his Privy Council he declares and protests to them That he would not Usurp any Illegal Authority over them but is ready to maintain them against all others that would And that he would defend them from all Votes and Orders of Parliament together with the true Protestant Religion the lawful Liberty of the Subject and the just Priviledges of the Three Estates of Parliament nor will he Engage them in any War but what shall be for the necessary defence of his and their rights Whereupon they all ingaged to him their Duty and Allegiance in a most Solemn-Protestation After which the King sent Letters to Sir Rich. Gurney L. Mayor and the Aldermen and Sheriffs of London forbidding them upon peril of having their Charter questioned to levy Arms or raise Money upon pretence of a Guard to the Parliament or any other Account except only the relief of Ireland or the payment of the Scotch Subjects At this time the King publisheth a General Declaration wherein he descants upon all the Parliaments Declarations for the last 7 Months but especially the last professing that hence forward he expects they should break out into disloyal Actions declaims against their making the defence of the King to be the pretence for their raising Forces protests his own constant Resolution for the preserving of Peace Religion the Laws and Subjects Liberties and expects all his Subjects to assist him against the Traiterous Attempts of such Men as would destroy his Person Honour and Estate and bring on a Civil War engaging that whosoever shall bring to him Money Ammunition Horse or Arms shall receive Eight Pound per Cent. Consideration and have good Assurance of both Principal and Interest upon his Forrest Lands Parks and Houses After this the King by Proclamation forbids all Levies of Forces and all Contributions to such Levies without his express pleasure grounding it upon several Statutes as 7 Edw. 1. 2 Edw. 3. And then minds them of their Oath of Allegiance by which they were bound to be Faithful not to the King only as King but to his Person as King Charles contrary to the Parliaments distinction betwixt his Person and his Authority his Person at York and his Authority in Parliament and concludes with justifying his Commission of Array which were now Issued out in several Counties in England and Wales to this the Parliament reply and the King again to them which was followed by several Messages to and fro all which rather exasperated than allayed the difference and now began England to be divided as Italy once was into Guelphes and Gibbellines so they into Rovallists and Presbyterians or Cavaleers and Roundheads After this the King makes a Progress from York into the Counties of Nottingham and Lincoln and Summons the Gentlemen and Freeholders to Newark he Caresses them with the most obliging expressions imaginable And July 11 1642 His Majesty sends a Message to the Parliament to Certifie them of his Intentions to reduce Hull by force if not forthwith delivered to him which if they should do he would then admit of their future Addresses and return such Propositions as might best conduce to prevent the approaching War together with this Message he sent them likewise a Copy of the Proclamation which he had publish'd against Sir J. Hotham wherein he complains of the Affront done to his Person by Sir J. and of the Parl. justifying that Action by their Votes and Orders That Hotham having fortified the Town and drown'd the Countrey had also set out a Pinnace at Sea which had intercepted his Pacquet Boat with the Queens Letters and that the E. of Warwick contrary to the Kings Command
That if he had the least Thoughts of disagreeing with the happiness of this Kingdom he would not advise with such Councellors as they were And so the upper Schools were assigned to the Lords and the Convocation House to the Commons In this Parliament besides the Prince D. of York L. Keeper Littleton Treasurer Cottington D. of Richmond and Marquess of Hartford there were 19 Earls and as many Lords and 117 Knights and Gentlemen and afterwards 5 Lords and 23 Gentlemen more came to them The first thing they fell upon was to consider of means for effecting a Peace to which end a Letter was written to the E. of Essex and subsigned by all their hands who returned no answer but sent it to the Parliament at Westminster Jan. 16. 1643. The Scots Army entred England by the way of Newcastle being 18000 Foot and 2000 Horse under Gen. Levens For assisting the Parliament in pursuance of the Solemn League and Covenant and declaring the Justness of their Cause which they profess to be Reformation of Religion Honour of the King and Peace of the Kingdoms and that the main end of their coming is to rescue the King from his pernicious Counsellors The Parliament caresse the Scots Army and impower them to assess for themselves the Twentieth part of all Malignants Estates as they called them in the North besides what other Counties were assessed for them But the E. of Newcastle is marching to give them rougher entertainment and the L. Fairfax sent his Son Sir Thomas against him Sir John Mâ—ldrum with 700 men besieged Newarks and is blockt up by Prince Rupert whereupon they parleyed and upon Articles were suffered to march away leaving their Match Bullet Powder Cannon and all other Fire-Arms behind them In the mean time Matters are preparing for Scotland by James Marquss of Montro's who had formerly sided with the Covenanters but now the King understanding he had really forsaken them gives him a Commission to be General Governor of Scotland and orders him Forces to go into the heart of that Kingdom for a diversion to the Scots In the year 1644. the Twentieth of his Majesties Reign Sir Will. Waller defeats the L. Hoptons Forces and takes Winchester and Oliver Cromwell was made Governor of Ely Beudly is surprized by Coll. Fox for the Parliament and the Garrisons of Selby and Heintough are taken by the L. Fairfax and his Son Prince Rupert raiseth the siege at Latham House The King at this time in the presence of the Peers at Oxford received the Sacrament at Christs Church at the hands of Bishop Vsher where he used these solemn Protestations My Lords I espy here many resolved Protestants who declare to the world the Resolution I do now make I have to the utmost of my power prepared my Soul to become a worthy Receiver and may I so receive comfort by the Blessed Sacrament as I do intend the establishment of the True Reformed Protestant Religion as it stood in its beauty in the happy days of Q. Elizabeth without any connivance at Popery I bless God that in the midst of these Publick Distractions I have still Liberty to communicate and may this Sacrament be my damnation if my heart do not joyn with my lips in this Protestation The Parliament at Westminster Voted it Treason for any Member or Member of either House to desert them and to go to the King and they never to be received again The King marcheth out of Oxford and iâ— followed by Essex and Waller he defeats Waller at Cropredy-Bridge and Essex is blockt up by the Kings Forces in Cornwall and July 4th the King sends several Letters to the Parliament about a Treaty of Peace Sept. 12. the Parliament at Oxford Assemble again but falling into Factions and Divisions the King in March following Dissolves them The Earl of Newcastle was besieged in York about two months to whose relief Prince Rupert advanceth Northward with a great Power of Horse and Foot upon whose approach to the City the Beseigers drew off and those within sally out upon their Rear the E. of Newcastle being thus relieved joyns with P. Rupert resolving to follow the Parliamentarians and give them battle which accordingly they did upon a Plain called Marston-Moor where about 9000 men were slain for the Royalists having near routed the Parliaments Army pursued the Chace so far that the Victory was snatcht out of their hands and the Parliament obtained an entire Victory after 3 hours Fight resolutely maintained on both sides After which York was delivered up to the Parliament and they soon became Masters of all the North and Levens the Scotch General takes Newcastle After this Battel which was the greatest both for the fierceness of it and for the number of Souldiers on both sides P. Rupert goes into Lancashire but the E. of Neweastle lately made Marquess with his two Sons and his brother Sir Charles Cavendish General King the Lord Falconbridge the Lord Widdrington the Earl of Cranworth the Bishop of London-derry Sir Edward Widdrington Coll. Carnaby Col. Basset Col. Mouson Sir William Vavasor Sir Francis Mackworth with about eighty other persons upon some discontent refused to engage any further in the Kings Cause and went over to Hamburgh New Levies are now made by the Parliament and 〈◊〉 Attempts were made by the Parliamentarians upon Dennington Castle but in vain The Queen goâ—ng from Oxford to Exeter was there delivered of a daughter June 16 1644. who was called Henrietta Maria and afterward went from thence to Pendenâ—is Castle in Cornwall where she embarqued for France and did not return again to England till His present Majesties Happy Restoration in 1660. Banbury Castle is relieved by Sir William Compton having been besieged about 11 weeks by the Parâ—iamens Forces Coll. Myn is defeated by Massy near Glocester and himself slain and about 170 Officers and Souldiers taken Prisoners Prince Rupert sending 500 Horse and Foot to fortifie Beachly in order to his going to Ashferry they are routed by Massey who soon after takes Monmouth Town Newberry seemed to be a Place destined for Martial exploits for October 27. another great Battel was fought there between the Kings party and the Parliaments under Essex Waller and Manchester wherein the Royalists were worsted and between 4 and 5000 men slain on both sides Novemb. 19. Monmouth is retaken by the Kings Forces December 23. Sir Alexander Carew was beheaded for endeavouring to deliver up the Island of Plymouth to the Kings Forces Two Principal Irish Rebels the L. Macguire and Mac-mahon had been sent from Ireland and imprisoned in the Tower from whence they made their escape but being retaken and Tryed were found guilty of High Treason and were both Drawn Hang'd and Quartered at Tyburn though Macguire pleaded his Priviledge to the Lords as a Peer of Ireland Archbishop Laud having been accused by thâ— Parliament in 1640. as the framer of the Canons 〈◊〉 Convocation and other Delinquencies and thâ— Scots joyning him and the
resolved to bring you to Tryal and Judgment and for that purpose have constituted this High Court of Justice before which you are brought This said Mr. Cook Solicitor General for the Common-wealth standing within a Bar on the right hand of the King offered to speak but the King having a Staff in his hand held it up and laid it upon the said Mr. Cooks shoulder two or three times bidding him hold Nevertheless the Lord President ordering him to go on he said Cook My Lord I am commanded to charge Charles Stuart King of England in the name of the Commons of England with Treason and high Misdemeanours I desire the said Charge may be read The said Charge being delivered to the Clerk of the Court the Lord President ordered it should be read but the King bid him hold Nevertheless being commanded by the Lord President to read it the Clerk begun The Charge of the Commons of England against CHARLES STUART King of England of High Treason and other High Crimes exhibited to the High Court of Justice THat the said Charles Stuart being admitted King of England and therein trusted with a Limited Power to govern by and according to the Laws of the Land and not otherwise And by his Trust Oath and Office being obliged to use the power committed to him for the good and benefit of the people and for the preservation of their Rights and Liberties Yet nevertheless out of a wicked design to erect and uphold in himself an unlimited and Tyrannical Power to rule according to his Will and to overthrow the Rights and Liberties of the People Yea to take away and make void the Foundations thereof and of all redress and remedy of misgovernment which by the fundamental Constitutions of this Kingdom were reserved on the Peoples behalf in the Right and Power of frequent and successive Parliaments or National meetings in Councel He the said Charles Stuart for accomplishment of such his Designs and for the protecting of himself and his Adherents in His and their wicked practices to the same end hath traiterously and maliciously levied War against the present Parliament and the people therein represented Particularly upon or about the thirtieth day of June in the year of our Lord One thousand six hundred forty and two at Beverly in the Count of York And upon or about the thirtieth day of July in the year aforesaid in the County of the City of York and upon or about the twenty fourth day of August in the same year at the County of the Town of Nottingham when and where he set up his Standard of War and upon or about the twenty third day of October in the same year at Edge-Hill and Keinton-field in the County of Warwick And upon or about the thirtieth day of Nov. in the same year at Brainford in the County of Middlesex And upon or about the thirtieth day of Aug. in the year of our Lord One thousand six hundred forty and three at Cavesham-bridge neer Reding in the County of Berks And upon or about the thirtieth day of October in the year last mentioned at or near the City of Glocester And upon or about the thirtieth day of November in the year last mentioned at Newberry in the County of Berks and upon or about the one and thirtieth day of July in the year of our Lord One thousand six hundred forty and four at Cropredy-bridge in the County of Oxon And upon or about the thirtieth day of September in the last year mentioned at Bodmin and other places near adjacent in the County of Cornwall And upon or about the thirtieth day of November in the last year mentioned at Newberry aforesaid And upon or about the Eighth of June in the year of our Lord One thousand six hundred forty and five at the Town of Leicester and also upon the fourteenth day of the same month in the same year at Naseby-field in the County of Northampton At which several times and places or most of them and at many other places in this Land at several other times within the years aforementioned And in the year of our Lord One thousand six hundred forty and six He the said Ch. Stuart hath caused and procured many thousands of the Free-people of the Nation to be slain and by Divisions parties and insurrections within this Land by Invasions from Foreign parts endeavoured and procured by him and by many other evil wayes and means He the said Charles Stuart hath not onely maintained and carried on the said War both by Land and Sea during the years before mentioned but also hath renewed or caused to be renewed the said War against the Parliament and good people of this Nation in this present year One thousand six hundred forty and eight in the Counties of Kent Essex Surrey Sussex Middlesex and many other Counties and places in England and Wales and also by Sea and particularly He the said Charles Stuart hath for that purpose given Commission to his Son the Prince and others whereby besides multitudes of other persons many such as were by the Parliament intrusted and imployed for the safety of the Nation being by Him or His Agents Corrupted to the betraying of Their Trust and revolting from the Parliament have had entertainment and Commission for the continuing and the renewing of War and Hostility against the said Parliament and people as aforesaid By which cruel and unnatural Wars by Him the said Charles Stuart levyed continued and renewed as aforesaid much Innocent Blood of the Free-People of this Nation hath been spilt many Familie have been undone the publick Treasury wasted and exhausted Trade obstructed and miserably decayed vast expence and damage to the Nation incurred and many parts of the Land spoyled some of them even to desolation And for further prosecution of his said evil Designs He the said Charles Stuart doth still continue his Commissions to the said Prince and other Rebels and Revolters both English and Forreigners and to the Earl of Ormond and to the Irish Rebels and Revolters associated with him from whom further Invasions upon this Land are threatned upon the procurement and on the behalf of the said Charles Stuart All which wicked Designs Wars and evil practices of him the said Charles Stuart have been and are carried on for the advancing and upholding of the personal Interest of Will and Power and pretended Prerogative to Himself and his Family against the publick Interest Common Right Liberty Justice and Peace of the people of this Nation by and for whom he was entrusted as aforesaid By all which it appeareth that he the said Charles Stuart hath been and is the Occasioner Author and Contriver of the said Unnatural Cruel and Bloody Wars and therein guilty of all the Treasons Murthers Rapines Burnings Spoils Desolations Damage and Mischief to this Nation acted or committed in the said Wars or occasioned thereby And the said John Cook by protestation saving on the behalf of the people
that I have of my own preservation I should have gone another way to work than that I have done Now Sir I conceive that an hastie Sentence once past may be sooner repented than recalled And truly the self same desire that I have for the Peace of the Kingdome and the Liberty of the Subject more than my own particular does make me now at last desire That having something for to say that concerns both I desire before Sentence be given that I may be heard in the Painted Chamber before the Lords and Commons this delay cannot be prejudicial to you whatsoever I say if that I say no Reason those that hear me must be Judges I cannot be Judge of that that I have if it be Reason and really for the welfare of the Kingdom and the Liberty of the Subject I am sure on it very well it is worth the hearing Therefore I do conjure you as you love that you pretend I hope it is real the Liberty of the Subject the Peace of the Kingdom that you will grant Me the hearing before any Sentence be passed I only desire this that you will take this into your consideration it may be you have not heard of it before-hand if you will I 'le retire and you may think of it but if I cannot get this Liberty I do here protest that so fair shews of Liberty and Peace are pure shews and not otherwise then that you will not hear your KING President Sir You have now spoken King Yes Sir President And this that you have said is a further declining of the Jurisdiction of this Court which was the thing wherein you were limited before King Pray excuse me Sir for my interruption because you mistake me it is not a declining of it you do judge me before you hear me speak I say it will not I do not decline it though I cannot acknowledge the Jurisdiction of the Court yet Sir in this give Me leave to say I would do it though I did not acknowledge it in this I do protest it is not the declining of it since I say if that I do say any thing but that that is for the Peace of the Kingdom and the Liberties of the Subject then the shame is mine Now I desire that you will take this into your consideration if you will I 'le withdraw President Sir this is not altogether new that you have moved unto us not altogether new to us though the first time in person you have offered it to the Court Sir you say you do not Decline the Jurisdiction of the Court. King Not in this that I have said President I understand you well Sir but nevertheless that which you have offered seems to be contrary to that saying of yours for the Court are ready to give a Sentence it is not as you say That they will not hear your King for they have been ready to hear you they have patiently waited your pleasure for three Courts together to hear what you would say to the Peoples Charge against you to which you have not vouchsafed to give any answer at all Sir This tends to a further delay Truly Sir such delayes as these neither may the Kingdom nor Justice well bear You have had three several dayes to have offered in this kind what you would have pleased This Court is founded upon that Authority of the Commons of England in whom rests the Supreme Jurisdiction That which you now tender is to have another Jurisdiction and a co-ordinate Jurisdiction I know very well you express your self Sir That notwithstanding that you would offer to the Lords nnd Commons in the Painted Chamber yet nevertheless you would proceed on here I did hear you say so but Sir that you would offer there whatever it is must needs be in delay of the Justice here so as if this Court be resolved and prepared for the Sentence this that you offer they are not bound in justice to grant but Sir according to that you seem to desire and because you shall know the further pleasure of the Court upon that which you have moved the Court will withdraw for a time King Shall I withdraw President Sir you shall know the pleasure of Court presently the Court withdraws for half an hour into the Court of Wards Serjeant at Arms The Court gives command that the Prisoner be withdrawn and they give order for his return again The Court withdraws for half an hour and returns President Serjeant at Arms send for your prisoner Sir You were pleased to make a motion here to the Court to offer a desire of yours touching the propounding of somewhat to the Lords in the Painted Chamber for the Peace of the Kingdom Sir you did in effect receive an answer before the Court adjourned Truly Sir their withdrawing and adjournment was pro forma tantum for it did not seem to them that there was any difficulty in the thing they have considered of what you have moved and have considered of their own Authority which is founded as hath been often said upon the Supreme Authority of the Commons of England assembled in Parliament The Court acts accordingly to their Commission Sir the return I have to you from the Court is this That they have been too much delayed by you already and this that you now offer hath occasioned some little further delay and they are JUDGES appointed by the highest JUDGES and Judges are no more to delay than they are to deny justice they are good words in the old Charter of England Nulli negabimus nulli vendemus nulli deferemus Justitiam There must be no delay but the truth is Sir and so every man here observes it That you have much delayed them in your contempt and default for which they might have long since proceeded to judgment against you and notwithstanding what you have offered they are resolved to proceed to punishment and to Judgment and that is their unanimous resolution King Sir I know it is in vain for me to dispute I am no Sceptick for to deny the power that you have I know that you have power enough Sir I confess I think it would have been for the Kingdoms peace if you would have taken the pains for to have shown the lawfulness of your power for this delay that I have desired I confess it is a delay but it is a delay very important for the peace of the Kingdom for it is not my Person that I look on alone it is the Kingdoms welfare and the Kingdoms peace it is an old sentence That we should think on long before we have resolved of great matters suddenly Therefore Sir I do say again that I do put at your doors all the inconveniency of an hasty Sentence I confess I have been here now I think this week this day eight daies was the day I came here first but a little delay of a day or two further may give peace whereas an Hasty Judgment may bring
and to have punished you for it But then Sir the weight that lies upon you in all those respects that have been spoken by reason of your Tyranny Treason breach of Trust and the Murthers that have been committed surely Sir it must drive you into a sad consideration concerning your eternal condition As I said at first I know it cannot be pleasing to you to hear any such things as these are mentioned unto you from this Court for so we do call our selves and justifie our selves to be a Court and a High Court of Justice authorized by the highest and solemnest Court of the Kingdom as we have often said and although you do yet endeavour what you may to dis-court us yet we do take knowledge of our selves to be such a Court as can administer Justice to you and we are bound Sir in duty to do it Sir all I shall say before the reading of your Sentence it is but this the Court does heartily desire that you will seriously think of those evils that you stand guilty of Sir you said well to us the other day you wisht us to have God before our eyes Truly Sir I hope all of us have so that God that we know is a King of Kings and Lord of Lords that God with whom there is no respect of persons that God that is the avenger of innocent blood we have that God before us that God that does bestow a Curse upon them that withhold their hands from shedding of blood which is the case of guilty Malefactors and that do deserve death That God we have before our eyes and were it not that the conscience of our duty hath called us unto this place and this imployment Sir you should have had no appearance of a Court here but Sir we must prefer the discharge of our duty unto God and unto the Kingdom before any other respect whatsoever and although at this time many of us if not all of us are severely threatned by some of your party what they intend to do Sir we do here declare that we shall not decline or forbear the doing of our duty in the administration of Justice even to you according to the merit of your offence although God should permit those men to effect all that bloody design in hand against us Sir we will say and we will declare it as those Children in the fiery Furnace that would not worship the golden Image that Nebuchadnezzar had set up That their God was able to deliver them from that danger that they were neer unto but yet if he would not do it yet notwithstanding that they would not fall down and worship the Image we shall thus apply it That though we should not be delivered from those bloody hands and hearts that conspire the overthrow of the Kingdom in general of us in particular for acting in this great work of Justice though we should perish in the work yet by Gods grace and by Gods strength we will go on with it And this is all our Resolutions Sir I say for your self we do heartily wish and desire that God would be pleased to give you a sence of your sins that you would see wherein you have done amiss that you may cry unto him that God would deliver you from blood-guiltiness A good King was once guilty of that particular thing and was clear otherwise saving in the matter of Vriah Truly Sir the Story tells us that he was a repentant King and it signifies enough that he had dyed for it but that God was pleased to accept of him and to give him his pardon Thou shalt not dye but the Child shall dye thou hast given cause to the enemies of God to blaspheme King I would desire only one word before you give sentence and that is That you would hear me concerning those great imputations that you have laid to my charge President Sir you must give me leave to go on for I am not far from your Sentence and your time is now past King But I shall desire you will hear me a few words to you for truly whatever Sentence you will put upon me in respect of those heavy imputations I see by your speech you have put upon me that I Sir it is very true that President Sir I must put you in mind Truly Sir I would not willingly at this time especially interrupt you in any thing you have to say that is proper for us to admit of but Sir you have not owned us a Court and you look upon us as a sort of people met together and we know what Language we receive from your party King I know nothing of that Pres You disavow us as a Court and therefore for you to address your self to us not to acknowledge us as a Court to judge of what You say it is not to be permitted and the truth is all along from the first time You were pleased to disavow and disown us the Court needed not to have heard You one word for unless they be acknowledged a Court and engaged it is not proper for you to speak Sir we have given you too much liberty already and admitted of too much delay and we may not admit of any further were it proper for us to do we should hear You freely and we should not have declined to have heard You at large what you could have said or proved on your behalf whether for totally excusing or for in part excusing those great and heinous charges that in whole or in part are laid upon You. But Sir I shall trouble You no longer Your sins are so large a dimension that if you do but seriously think of them they will drive you to a sad consideration they may improve in you a sad and serious repentance And that the Court doth heartily wish that You may be so penitent for what You have done amiss that God may have mercy at leastwise upon your better part Truly Sir for the other it is our parts and duties to do that that the Law prescribes we are not here Jus dare but Jus dicere We cannot be unmindful of what the Scriptures tell us For to acquit the guilty is of equal abomination as to condemn the innocent we may not acquit the guilty what Sentence the Law affirms to a Traitor Tyrant a Murtherer and a publick Enemy to the Countrey that Sentence you are now to hear read unto you and that is the Sentence of the Court The Lord President commands the Sentence to be read Make an O Yes and command silence while the Sentence is read O Yes made silence commanded The Clerk read the Sentence which was drawn up in parchment Whereas the Commons of England in Parliament have appointed them an high Court of Justice for the Trying of Charles Stuart King of England before whom he had been three times convented and at first time a charge of high Treason and other crimes and misdemeanors was read in the behalf of the
broken and a new one to be made with the Arms of England and Ireland on one side and this Inscription The Great Seal of England and on the other side the House of Commons with this Inscription In the first Year of Freedom by Gods blessing restored 1648. and appointed the Money to bear the Arms of England and Ireland with this Motto God with us and the Great Seal was intrusted with three Commissioners They likewise caused the Kings Arms to be pulled down every where and the Kings Picture in the Old Exchange they caused to be defaced and the following Inscription to be be set behind it in Golden Letters Exit Tyrannus Regum ultimus Anno Libertatis Angliae Restitutae Primo Anno 1648. Jan. 30. They next proceed to erect another Illegal High Court of Justice wherein they brought to Tryall D. Hamilton taken at the fight at Preston the E. of Holland at Kingston Fight and the L. Capell and L. Goring taken at the Seige of Colchester The three first were Condemned and beheaded at the Palace-yard at Westminster After this the L. Fairfax having laid down his Commission the Parliament made Oliver Cromwell their General who a while after was sent into Ireland where he proved very successfull His Majesty was now in France and hoped to get aid there but found none but the Junto proceeded to make Sale of the King and Queens Lands and made a formal Act for abolishing Kingly Government and disinheriting the Roval Issue and seting up a Republick or Free State This Act Alderman Reynardson was commanded to proclaim in the City which he refusing was committed to the Tower with three Aldermen more and a new Lord Maior was chosen by a Common-Hall who attended with several other Aldermen as complyant as himself readily obeyed the Commands of his Masters and proclaimed their Edict in several places of the City A while after His Majesty was solemnly Proclaimed in Scotland and after great debate among them there they at length agree on some Propositions to be sent to the King who was then in the Isle of Jersey and Mr. Windram Laird of Libberton was appointed Messenger who bringing them to the King they were stiffly debated on each side but at last Breda in Holland was appointed for the place of a Solemn Treaty where Commissioners from the Estates and Kirk met the King and delivered their Propositions During which Treaty the Marquess of Montross was seized in Scotland and for opposing the Kirk Party was condemned and Executed upon a Gibbet near fifty foot high with all imaginable Contempt which His Majesty having an Account of was much troubled and the Treaty had like to have been broken off but at length through the necessity of Affairs was concluded and being carryed to Edenburgh after much debate it was resolved another Message should be sent to invite the King over but the Parliament here in England having notice of all these Proceedings in Scotland prepared an Army thereupon to invade Scotland under the command of their General Oliver Cromwell About this time General Blake their Admiral took sunk and burnt most of Prince Ruperts Fleet which was a great damage to the Kings Affairs And now the King being arrived at Spey in the North of Scotland some Lords were sent down to accompany him to Edenburgh As he came along he was entertained with the general Joy of all the People and at Aberdeen he was presented with 1500 Pounds which thing was ill taken by the Committee of Estates and Kirk and therefore they sent an Injunction to prohibit other Places from doing the like The King being now come to Edenburgh was again Proclaimed King July 15. 1650. but his Coronation was deferred by reason of the then Troubles since the English Army was upon the Borders and the Scots now began to think how to defend themselves and therefore marched under the Command of Montgomery and set upon the English at Muscleborough but were worsted by them and at Dunbar the English wholly routed them taking the pass there At the same time the Scots were divided among themselves into three Parties but the King returning with Montgomery to St. Johnstons they were all reconciled and the King on Jan. 1. 1650. was Crowned at Scone and soon after set up his Standard at Aberdeen resolving to be himself Generalissimo of the Scotch Army About which time Sir Hen. Hyde was beheaded at London for his Loyalty and not long after Captain Brown Bushell received the like Doom for performing some signall services to the King the King began to fortifie Sterlang and the English drew near it and Cromwell perceiving he could not draw the Scots to a Field Battel suddenly transported over Fyfe 1600 foot and four Troops of Horse who with the help of Lambert and Okey routed the Scots under Sir John Brown taking him and several other Persons of Quality Prisoners killing 2000 on the place and taking about 120 Prisoners not long after Mr. Gibbons and Mr. Love were Beheaded on Tower-hill upon the discovery of a Plot in England against the Parliament by the Presbyterians The King seeing the English prevail so fast thought it best to quit Scotland and so Marched for England July 30. 1651. which Cromwell observing sent Lambert after him with a select Party of Horse The Kings Army being now in England the Parliament caused numerous Forces to be raised in most Counties in England and his Majesty marched on to Worcester and fortified it In the mean time Maj. General Lambert gained the pass at Vpton by a desperate attempt in caussing some of his Troopers to swim the River on Horseback carrying their Pistols and Holsters in their hands to save them from wet whereby they put Maj. Gen. Massey and his men to the Retreat so that the Kings Party was forced to quit the Town and leave the pass to the Parliamentarians who quickly made a Bridge over the River and Cromwell joining with the rest of the Forces against the King after some Sallies out of the Town against them at length the King in the Front of his men sallied out of Town on Sept. 3. 1651. and so valianty charged Cromwells Life-Guard that they were forced to retire till seconded by fresh Forces they put the Kings Party to the Retreat and the King had his Horse twice shot under him and not able to rally again they were forced to fly into the Town where Cromwells Party entered Pell Mell with them and then the Cry went Save the King Save the King The King seeing all lost with some of his Nobles and Servants escaped with much difficulty to a Farmers house in Stafford-shire where he disrobed himself and for want of Scissers had his Hair out off with a Knife and so with the Company of one Friend who brought him Provision towards night he betook himself to a Wood where he made an Oak his Palace the Souldiers hunting about for him and a thousand Pound promised as a Reward to