Son and Heir for Rape and Sodomy many unnatural and beastly Actions being proved against him whereupon he received Sentence to be Hanged but had the Favour to be Beheaded at Tower-hill This Earl was born of a very honourable Family and educated in the Protestant Religion but turned Papist to have the more liberty to commit wickedness in which he grew to so great aheight that he impudently declared in the presence of some Lords As others had their several Delights some in one thing some in another so his whole Delight was in damning Souls by enticing Men to such Acts as might surely effect it About this time Sir Giles Allington was Convented for Marrying his own Niece and was fined Twelve thousand Pound to the King and to give Twenty thousand Pound Bond never to cohabit or come in private with his Niece again and both of them to do Penance at St. Pauls Cross or St. Maries in Cambridge which they accordingly did The Protestants were very much discontented in Ireland that the Papists were discharged from paying the State Penalty of Twelve Pence a Sunday for not going to Church whereby their Number was wonderfully increased Whereupon the King recalled the Lords Justices who then governed that Kingdom and sent Viscount Wentworth afterward Earl of Strafford thither as Lord Deputy as judging that these distempers would be better composed under a single Government In the year 1633 and the 9th of his Majesties Reign the King made a Journey into Scotland attended with several of the Nobility and Persons of Quality and June 18 was solemnly Crowned King at Edenbourgh which Solemnity being finished the King calls a Parliament and passeth an Act for Ratification of the old Acts though some affirmed That the Confirmation of Episcopacy was intended thereby and therefore though in vain opposed it upon which some of those Persons became a while after principal Men among the Covenanters In this Scottish Parliament that Nation shewed then some signs of diaffection to the King by Reason of several Acts which then passed and the generality of the People who without doubt were influenced by the greater Malecontents would not suffer the Bishop of Dumblain Dean of the Kings Private Chappel there to perform Prayers twice a day after the English manner neither durst they receive the Communiou on their knees nor wear a Surplice upon Sundays and Holy days Not long before his Majesty went to Scotland being desirous if possible to have prevented that Trouble the King writ to a Scottish Lord who was intrusted with that Crown to bring it into England that he might be Crowned here but the Lord returned Answer That he durst not be so false to his Trust but if his Majesty would be pleased to accept thereof in Scotland he should find those his People ready to yield him the highest Honour but if he should long defer that Duty they might perbaps be inclined to make choice of another King A very strange and unusual Answer from a Subject to a Prince October 13 1633. The Queen was delivered of her Second Son who was Baptized James and designed Duke of York and about that time died George Abbot L. Archbishop of Canterbury and William Laud Bishop of London was Elected into his place In the Year 1634 the English Coasts were very much Infested by Pyrates and the Fishing Trade almost ingrossed by the Hollanders and his Majesty having occasion for Money to Regain his Absolute Dominion over the Brittish Seas the Design of Shipmoney was first set on foot and Attorney General Noy being consulted about it he out of some old Records finds an Ancient President of Raising a Tax upon the Nation by the Authority of the King alone for setting out a Navy in case of danger which was thereupon accordingly put in Execution and by this Tax the King raised by Writ above Twenty thousand pound a Month though not without great discontent both among the Clergy and Laiety The Discontents in Scotland began to increase and a Book was published charging the King with indirect proceedings in the last Parliament and a tendancy to the Romish Belief and to blow up these Scoth Sparks to a Flame Cardinal Richlieu sent over his Chaplain and another Gentleman to heighten their Discontents The Author of that Book was seized and found to be abbetted by the Lord Balmerino the Treacherous Son of a perfidious Father who was thereupon Arraigned by his Peers and Sentenced to Death but Pardoned by the King At this time Gregory Panzani a Priest was sen over by the Pope with a Commission of Oyer and Terminer to decide the difference between the Jesuites and Secular Priests and Insinuating himself into the Favour of the Lord Cottington and Secretary Windebank he endeavours to discover how far the King might be perswaded about giving Toleration to the Popish Religion as to allow them a Popish Bishop to reside here but nominated and limited by the King and that the Pope might send a Nuncio to the Queen but having made some agreement between the Jesuites and Priests Panzani returned to Rome and left the further transacting of Business to Seignior Con who staid in his room In the year 1635 A Noble Fleet was fitted out by the Supply of Shipmoney consisting of Forty Sail under the Earl of Lindsey to scour the Seas from Pyrates at which time the French and Hollanders had confederated against the Spaniard in Flanders both by Land and Sea but the English Fleet removed the Hollanders from before Dunkirk and the Common People inraged by the French insolencies at Land rose up against them and Assisted the Spaniard to expel them the Countrey One Robert Par of Shropshire a Man almost an Hundred and threescore years old was this year brought to London by the Earl of Arundel as a Rarity or Miracle where he dyed soon after though it is very probable he might have lived much longer if he had continued at home for his removal from his own Air change of Diet and the tediousness of so long a Journey may be supposed to have hastned his end December 23 1635. the Lady Elizabeth the Kings Second Daughter was born and to Congratulate the Queens happy delivery the Hollander sent an Ambassador with a present of an extraordinary value that is a Massy Piece of Ambergreece Two large and almost Transparent China Dishes a Clock of most excellent Workmanship which was made by Rodulphus Emperour of Germany and likewise several curious pieces of Painting Dr. William Juxon Bishop of London about this time was made Lord Treasurer in the place of the L. Weston Earl of Portland deceased And now great differences arose about Church matters chiefly occasioned by Arch Bishop Lauds strict and zealous Enjoyning of Ceremonies as placing the Communion Table at the East end of the Church upon an Ascent with Rails Altar fashion with many other things not formerly strictly insisted on and now vehemently opposed by those who were usually called Puritans and
Non-conformists which caused them to be charged with Faction yet some of the Episcopal Party Asserted That the Communion Table ought to stand in the middle of the Quire according to the Primitive Example and a Book supposed to be written by Dr. Williams B. of Lincoln was Published to this purpose His Majesty considering the good Success of his former Fleet fits out another in the year 1636 under the command of the Earl of Northumberland who going Northward scowred the Seas of the Holland Busses and reduced them to desire leave of his Maiesty to Fish there which the King upon divers Considerations granted them Several Gentlemen of Quality had refused to pay the Imposition of Ship-money and among the rest Mr. Hamden of Buckinghamshire upon which his Majesty refers the whole business to his Twelve Judges in Michaelmas Term 1636 Ten of whom that is Brampton Finch Davenport Denham Jones Trever Vernon Berkly Crawly Weston gave their Judgments against Hamden and his Associates and subscribed their Names to be Inrolled in all the Courts ol Westminster Hall but Hutton and Crook refused it This year March the 17. the Kings Kings Third Daughter the Princess Ann was born In the Thirteenth year of his Majesties Reign 1637 Dr. Bastwick Mr. Pryn and Mr. Burton received a severe Censure for writing against Bishops and their Government they being all three Sentenced to pay Five Thousand Pounds Fine to the King to lose their Ears in the Pillory and to be Imprisoned which they accordingly suffered Bishop Williams of Lincoln having the great Seal taken from him in the first year of his Majesties Reign he so deeply resented it that ever after he studied Revenge and a Bill being preferr'd against him in the Star Chamber for some dishonourable Speeches of the King he endeavoured by some indirect means to clear his Innocence and was therefore this year sentenced Ten thousand Pounds Fine to the King Imprisonment in the Tower during Pleasure to be suspended ab Officiis et Beneficiis from his Bishoprick and the Profits thereof and to be referred to the High Commission Court as to what concerned them His Majesty desiring an Uniformity in Religion in England and Scotland a thing before designed by King James in pursuance thereof enjoyned the Scots the use of the English Liturgy the Surplice and other Habiliments and began first at his own Chappel and in this year 1637 Proclamation was made that the same Order should be observed in all Churches wherewith the Bishops were contented but not the Kirk nor the People who were so inraged thereat that when the Dean of Edenbourgh began to Read the Common Prayer in St. Giles Church with his Surplice on July 13. the Council Bishops Lords and Magistrates being present the Women and then the ordinary sort of men made such a disturbance and noise with Cursing Clapping their hands and so great Rudeness that nothing could be heard but their Clamours upon which the Bishop of Edenbourgh who was to preach that day stept up into the Pulpit to reprove them which increasing their Fury they assault him with such a shower of Stones Seats Stools Cudgels and whatever else was near that his life was much indangered thereby and the Arch-bishop of St. Andrews Lord Chancellor interposing was like to have been as rudely handled had not the Provost Bayliffs and others with much trouble turned these Rioters out of the Church the Dean then proceeding to read the Service Book though not without great noise from the Multitude about the Church The like disturbance happened in other places but in the Afternoon the Book was again read without much trouble after which some of the Disturbers were seized and punished but with no great Severity and the Ministers were promised Protection and Maintenance in Reading it so that all at present seemed calm and quiet till after Harvest at which time such a confluence of People came to Edenbourgh as gave just cause to the Council to fear an Insurrection to prevent which they Issued out several Proclamations That no Church matters should be resolved on but that all persons depart home unless they can shew some cause to the Council upon pain of Rebellion Yet this was so little regarded by the People that the B. of Galloway going the next day to the Council was pursued and assaulted by them even to the Council Chamber and being with difficulty got in the House was presently incompassed and his Person peremptorily demanded upon which those within required Aid of the Provost and Council of Edenbourgh but their Condition was as bad being likewise beset in their Town house by the People who would not let them go out till they had subscribed 1. To joyn in Opposition to the Service Book and in Petitioning to that purpose 2. To restore two or three of their silenced Ministers Which being related to the Council the Lord Traqnair and another went in Person to the Town House where they found the Tumult somewhat quieted by those Concessions but in coming back they were furiously assaulted in the Grass-street and the L. Traquair was trodden under foot his Hat Cloak and white Wand was taken away and himself halled to the Council House The Lords whereof weighing their own danger sent secretly to some of those Noblemen and Gentlemen who disliked the Service Book and were then assembled in the common cause against it by whom they were safely guarded through the multitude to their several Houses And now judging themselves secure they make Proclamation for breaking up all Conventions and keeping the Peace which had the contrary effect Two Petitions being presented to them One from the Common sort of Men Women and Children the other in the Name of the Noblemen Gentlemen and Ministry against the Service Book and Canons these Petitions were sent to the King who being offended therewith adjourned the Term to Sterling and by Proclamation forbid upon extreamest Penalty such Tumultuous Meetings Against which Proclamation the Earl of Hume the Lord Lindsey and divers others made Protestation and in pursuance thereof they set up Four Tables or Committees 1. Of the Nobility 2. Of the Gentry 3. Of the Barons 4. of the Ministry to prepare Matters for the General Council consisting of several Commissioners taken out of the other The next year 1638 the Scots entred inta a Solemn League and Covenant to preserve the Religion there protest resolving to maintain it and to that purpose they sent for General Lesly and other Officers from beyond Sea providing themselves likewise with Arms and Ammunition whilst D. Hamilton who was appointed to allay these heats and Distempers seemed secretly to foment them by spending a great deal of time in Declarations Proclamations Messages and Letters and afterwards makes such Propositions to the Confederates about calling a General Assembly as were very distasteful to the Covenanters and increased their Fury Whereupon Hamilton obtained of the King the Sole and Unlimited Power of Managing that Affair and then
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
Nicholas and Sir Lewes Dives signifying That if the King would openly declare his mind and betake himself to some place of security that he might come freely to him he doubted not but he should do him some acceptable Service These Letters were intercepted by the Parliament and by them after perusal sent to the King with their Intreaties to him That he would perswade the Queen not to correspond with Digby or any other whom his Great Council had proclaimed Traytors There was a Report that the Parliament intended to Accuse the Queen of High-Treason as one that had so much power with the King to misadvise him this rumour the Parliament exused as a publick Scandal upon them which she seemed satisfied with yet provides against the danger and therefore prevails with the King to accompany her Daughter Mary Princess of Orange into Holland carrying with her all the Kings and her own Jewels together with those entailed upon the Crown intending with those and some other Assistance to raise a Party sufficient to maintain the King and his Regalities against the Parliament In the mean time Mr. Pym at a Conferrence complaining of the General Flocking of Papists into Ireland affirmed That since the Lieutenant had ordered a stop upon the Ports against all Irish Papists many of the Chief Commanders now in the head of the Rebels had been licensed to pass thither by his Majesties immediate Warrant The King was highly offended at this Speech which he signified to the House who in their Answer to his Message justifie Mr. Pym's words to be the sense of the House and That they had yet in safe Oustody the Lord Delvin Sir George Hamilton Colonel Butler Brother to the Lord Miniard now in Rebellion and one of the Lord Nettervils Sons To which the King replies That he thought Mr. Pym 's Speech was not so well grounded as it ought to have been and that the aforementioned persons had their Passes granted before he knew of the Parliaments Order of Restraint and therefore expected their Declaration for his Vindication from thut odious calumny of conniving or underhand favouring that abhorred Irish Rebellion But this His Majesties desire proved fruitless for they next moved the King to turn out Sir John Byron out of the Lieutenancy of the Tower and at their Nomination Sir John Conyers succeeded they then proceeded to name fit Persons for trust of the Militia in the several Counties and by Act of Parliament Disabled all Clergy-men from exercising Temporal Jurisdiction After which the King by a Message offers them To require by Proclamation all Statutes concerning Popish Recusants to be put in Execution That the seven Condemned Popish Priests shall be Banished and all Romish Priests within twenty days shall depart the Kingdom That he refers the consideration of Church Government and Liturgy wholly to the Houses and offers to go himself in Person against the Rebels in Ireland But the Commons were now busie about a Petition for Vindicating their Five Members wherein they desire the King to send them the Informers against the said Members or otherwise to desert their Prosecution would not suffice because the whole Parliament was concerned in the Charge And then they proceeded to settle the Militia for the defence of the Parliament Tower and City of London under the Command of Serjeant Major General Skippon who had formerly been an Experienced Souldier in the Low-Countries The King had deferred his Answer to their Petition for settling the Militia of the Counties according to their nomination till his return from Dover where he took leave of his Wife and Daughter and so returned to Greenwich from whence he sent to Hampton Court for his two Eldest Sons to come to him though contrary to the mind of the Parliament who would have disswaded him from it And now the Parliament thought fit to consider of the reducing of Ireland and ordered two Millilions and an half of those Acres to be Confiscate of Rebels Lands in Four Provinces shall be allotted to such Persons as will disburse Money for carrying on that War and several other Provisions were made for their Security which the King confirms Feb. 26. 1641 and in pursuance thereof a considerable Sum of Money was raised the People being generally free in their Contributions The King being now at Greenwich sends this Answer to the Petition about the Militia That he is willing to condescend to all the Proposals concerning the Militia of the Counties and the Persons mentioned but not of London and other Corporations whose Government in that particular he thought it neither Justice nor Policy to alter but would not consent to divest himself of the Power of the County Militia for an indefinite time but for some limited space This Answer did not satisfie so that the Breach growing daily wider the King declined these parts and the Parliament and removed to Theobalds taking with him the Prince and the D. of York About the beginning of March he receives a petition from the Parliament wherein they require the Militia more resolutely than before affirming Than in case of denial the imminent dangers would constrain them to dispose of it by Authority of Parliament desiring also that he would make his abode near London and the Parliament and continue the Prince at some of his Houses near the City for the better carrying on of Affairs and preventing the Peoples Jealousies and Fears All which being refused They presently Order That the Kingdom be put into a posture â—f Defence in such a way as was agreed upon by Parliament and a Committee to prepare a publick Declaration from these two Heads 1. The just Causes of the Fears and Jealousies given to the Parliament at the same time clearing themselves from any Jealousies conceived against himself 2. To consider of all matters arising from his Majesties Message and what was fit to be done And now began our Troubles and all the Miseries of a Civil War the Parliament every day entertaining or pretending to entertain new Jealousies and Suspicions of the Kings Actions which howsoever in complement they made shew of imputing only to his Evil Council yet obliquely had had too great a Reflection upon his Person They now proceed on a sudden to make great preparations both by Sea and Land and the Earl of Northumberland Admiral of England is commanded to rig the Kings Ships and fit them for Sea and likwise all Masters and Owners of Ships were perswaded to do the like The Beacons were repaired Sea-marks set up and extraordinary posting up and down with Pacquets all sad Prognosticks of the Calamities ensuing The King being now at Roysion March 9 the Earls of Pembrook and Holland bring him the Parliaments Declaration and read it to him wherein they represent to him some former miscarriages As the attempts to incense the late Nor hern Army against the Parliament The Scotish Troubles L. Jermins Treasons and Transportation by the Kings Warrant The Petition delivered to Captain
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
granted to Five Bishops to Execute his Office After which the Bishop Published a Narrative of the Cause and Manner of his Suspension Five of those Gentlemen who were Imprisoned about the Loan had their Habeas Corpus granted and were brought to their Tryal before Sir Nicholas Hyde Lord Chief Justice where after arguing the Case between Council on both sides the L. Chief Justice concluded That since they were Committed by the Kings Authority the Court could not Free them so that they were remanded to Prison till the Order came out for a General Release The Irish Papists in hope of some Remission of the Penal Laws offered to Furnish the King at their own Charge with a standing Army of 5000 Foot and 500 Horse and a large Contribution for securing the Narrow Seas which was opposed in England by Sir John Savil and in Ireland by the Lord Primate of Armagh and divers others as tending to preserve the Papists Interests and sinking the Protestants upon which the L. Deputy moved the Primate to endeavour to prevail with the Protestants to supply the Kings Necessities which he attempted to do in a very learned Speech though not with the expected Success In 1627 being the Third Year of his Majesties Reign the Duke of Buckingham to clear his Reputation as to the Charge of Negligence in his Admiralship with much ado compleated his Naval Forces consisting of Six Thousand Horse and Foot in Ten Ships Royal and Ninety Merchant Men with which he set Sail from Portsmouth June 27 and published a Manifesto of the Kings Affection to the Reformed Churches in France and his displeasure against the last misimploying of his Ships against the Rochellers But by several Accidents this great Design miscarried with the Death of near Two Thousand common Souldiers Thirty Prisoners of Note and Fourty four Colours taken But notwithstanding this Expedition of the Isle of Rhe miscarried yet at Sea there was somewhat better Success a great French Ship was taken upon the Coasts of Holland Laden with great Guns Arms and Ammunition of all sorts to a very considerable value Sir John Pennington likewise took Thirty Four Rich French Merchantmen homeward bound which were all safely brought to England the poor remains of the Army which came from the Isle of Rhe most of them Irish and Scots and consequently rude and boisterous were quartered in the Countrey Villages which was very troublesome to the People At this time the Exchequer was very low and several late Enterprizes having miscarried the Rochellers being also now more distressed than ever the causes of these evils were gravely represented by Sir Robert Cotton to several Lords of the Councill whereupon it was resolved on by the Council that a Parliament should be called and Writs were presently Issued out A Commission likewise passed under the Great Seal for raising Moneys through the Kingdome in Nature of an Excise and the Lord Treasurer was ordered to pay Thirty Thousand Pound to Philip Burmelack a Dutch Merchant to be returned to Sir William Balfour and John Dalbier in the Low Countreys for raising a Thousand Horse which caused strange jealousies and suspicions among the People as if these German Horse were designed to inforce the payment of the Excise There was some discourse about Levying Ship money but it was declined at that time because of the Parliament approaching In the mean time a company of Jesuites were apprehended in an House at Clerkenwell which was designed for a Colledge of that Order where among other Papers a Letter was found discovering their secret Designs they had laid for imbroiling Church and State Upon the 17th of March 1627 the Parliament Assembled the Commons chusing Sin John Finch Speaker the King in a Speech tells the two Houses That the greatness of the danger was such as required a speedy Supply and that therefore they might rest assured it was the principal cause of their Meeting wherein he hoped they would shew themselves such true Patriots of the true Religion the Laws and Liberties of this State and the just defence of their Friends and Allies now in such hazard by Popish Enemies as not to deceive his Expectations which were very great though indeed somewhat nipt by Remembrance of the Distractions of the last Meeting The Lord Keeper likewise Inforc'd the Kings Speech and earnestly pressed them to consider of some speedy way for Supplying his Majesties Necessities Before the Parliament began any debate a Letter came to them Directed To the Members of the House of Commons called A Speech without Doors discovering the Grievances and Inconveniences of the State from one who had been a Member of the former Parliament The first thing taken into Consideration by the Commons was the Grievances of the Kingdom and the first thing Insisted on was the Case of those Gentlemen for refusing the Loan and who notwithstanding their Habeas Corpus were Remanded to Prison and after a long Debate between several Members who asserted the Illegality of the Loan and also their Imprisonment for refusing it the Lord Chief Justice Hyde and several other Judges were desired to declare themselves who justified their own proceedings alledging That if they had granted them Bail upon Habeas Corpus it would have reflected upon the King as if he had unjustly Imprisoned them But in conclusion it was resolved upon the Question in the House of Commons Nemine Contradicente 1. That no man ought to be restrained by the Command of the King or Privy Council without some Cause of the Commitment 2. That the Writ of Habeas Corpus ought to be granted upon Request to every Man that is restrained though by the Command of the King the Privy Council or any other 3. That if a Freeman be imprisoned by the Command of the King the Privy Council or any other and no Cause of such Commitment expressed and the same be returned upon an Habeas Corpus granted for the said Party then he ought to be delivered or Bailed Then the Parliament proceeded to draw up a Petition against Popish Recusants consisting of these particulars 1. That all Laws and Statutes against Jesuites and Popish Priests be put in power and Execution 2. That a strict course be taken for the Apprehending and Discovering of them 3. That all Popish Recusants be prohibited from coming to Court or within Ten Miles of London 4. That no place of Trust or Authority shall be committed to Popish Recusants with several other particulars to the same purpose which Petition was presented from the Lords and Commons to the King by the Lord Keeper who gave a full and satisfactory Answer to every Article after which Five Subsidies were granted to the King which gave so great satisfaction to his Majesty that he sent them Word He would deny them nothing of their Liberties which any of his Predecessors had granted A Petition was then presented against Quartering Souldiers in the Countries to which the King promised an Answer in convenient time
his Secretary of Scotland that he expects their particular demands which he receives in three days all tending to require a Parliament to be called in England without which there could be no satisfactory redress for them they had likewise before their March into England published a Declaration called The Intentions of the Army viz. Not to lay down Arms till the Reformed Religion were setled in both Nations upon sure grounds and the Causes and Abbettors of their present Troubles that is Arch-Bishop Laud and the Earl of Strafford were brought to publick Justice in Parliament At the same time Twelve English Peers that is the Earls of Bedford Hartford Essex Warwick Mulgrave Bristol Bullingbrook Say and Seal Mandevil Howard Brook and Paget drew up a Petition which they delivered to the King for the sitting of the Parliament After which divers others were presented to the same purpose from the City of London and several other parts of the Kingdom all centring in this that nothing could relieve the Pressures of the Kingdom but a Parliament To this the King condescends in part giving hope likewise of further satisfaction ere long and 〈◊〉 the present Summons the Lords to appear at Yorâ— Sep. 24. which they did and upon the first day oâ— their meeting it was agreed That a Parliameâ—â— should be called to meet November 3 following anâ— then for the relief of the North sorely suffering under Leslies Army the Bishoprick of Durham beinâ— then taxed 360 l. and Northumberland 300 l. a day it was resolved that a Treaty should be set on Fooâ— and that Sixteen English Lords should meet with as many Scots and York was proposed for the placâ— of Treaty which the Scotch Commissioners refused as not judging it safe by reason of the presence oâ— the Earl of Strafford who hath proclaimed them Traytors in Ireland and was now chief Commander of the Kings Army and a Capital Enemy to their Nation and against whom they had matter of high Complaint therefore it was concluded to be held at Rippon where among other things it was agreed that the Scotch Army should be maintained by the English till the Treaty was ended and peace secured that there should be a safe Convoy for all Letters between the Scots and the Parliament of England The first of these Articles seemed unreasonable and dishonourable to the English Nation and the Earl of Strafford was so offended thereat that he desired leave of the King to give them Battel and was willing as he writ to Arch-Bishop Laud to undertake upon the Peril of his Head with his Army of English Grashoppers to beat those Sons of Anak home again for so much Superlour were the Scots then accounted to the English as to matter of Souldiers but October 16. the English Commanders whether through Fear Favour or out of a Political Maxim not to fight against the Scots condescended to Articles of Agreement which were afterward signed by the King himself This Treaty of Rippon was but previous to another of higher Importance at London for a general concluding and making up all differences between the King and his Subjects of Scotland during which Treaty James Earl of Montross made several Applications to the King and by Letters offered his service to him testifying his disslike of the Scotâ—ish Proceedings but these his Letters were said to have been secretly taken out of the Kings Pockets and conveyed to the Covenanters by the means of Hamilton who understanding Montross his design used all means to render him odious to the People and so unserviceable to the King And now the time approached for the sitting of the Parliament who accordingly met November 3. 1640 which was looked upon by Arch-Bishop Laud as a fatal day for Summoning of Parliaments in reference to Church matters the Parliament in King Henry the Eighths time which pulled down Abbies and Monasteries being likewise Assembled upon November 3. Whereupon he advised the King for lucks sake to put off their meeting for 2 or 3 dayes but the King not minding any such Observations did not regard it To give some Account of the temper of those times it may not be amiss to repeat the words of a Person of Honour who was then a Member of the House of Commons and hath lately published some Passages concerning that Parliament Never Parliament saith he was assembled when the People were in an higher discontent then at this time such a general Diffidence there was as they thought themselves sure of nothing the increase of Ceremonies made them fear the approach of a Religion hateful to them the laâ—â— business of Ship-money together with some Impâ—sitions without the consent of Parliament causeâ— them to apprehend the loss of Property in the Estates and they had little hope of Redress 〈◊〉 Parliaments because his then Majesty had beeâ— so unhappy as to be put upon a sudden Dissolutioâ— of all Parliaments formerly by him called Theâ— wanted not Persons ill disposed and seditious 〈◊〉 trumpet these things in the ears of the generalty whereby they incensed them so far as thereâ—â— they found means to raise a Power against theâ—â— Soveraign Mr. William Lenthal was Chosen Speaker of thâ— House of Commons and the King in a Speech tâ—â—â— them that the Scottish Troubles were the Cause oâ— their present Meeting and therefore requires theâ— to consider of the most expedient means for caâ—â—ing them out and then promises that he will heaâ—tily and clearly concurr with them for the satisfying their just Grievances After which he gaâ—â— them an Account of his want of Money for thâ— Maintaining of his Army and how dishonourablâ— it would be to the English Nation if his Armâ— should be disbanded before the Scots were put ouâ— of the Kingdom and desired them to consider oâ— the Oppression of the Northern Countreys during thâ—… Treaty It was ill resented by many that the King should call the Scots Rebels whereupon he took occasion to tell them that he must needs call them Rebels as long as they have an Army which did invade England The Commons then Voted down all Monopolies and all such Members as had any benefit by them were expelled out of the House Complainâ— was made in the House of Lords against Sir William Beecher one of the Clerks of the Council for violating their Priviledges in searching the Earl of Warwicks and the Lord Brooks Studies Cabinets and Pockets upon the dissolving the last Parliament upon which he was committed Prisoner to the Fleet though he pleaded the Command of the Secretary of State for his so doing The Earl of Strafford is Impeached of High Treason by the Commons in the House of Lords whereupon he is sequestred from the House and likewise his Friend Sir George Ratcliff is sent for out of Ireland by a Serjeant at Arms In the mean time the Bishop of Lincoln who was Prisoner in the Tower is released and likewise Mr. Pryn and Mr. Burton who are brought in great Triumph to London and
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
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
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
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
Kingdom of England c. Here the Clerk read the Charge Which Charge being read unto him as aforesaid He the said Charles Stuart was required to give his Answer but he refused so to do and so exprest the several passages at his Tryal in refusing to answer For all which Treasons and Crimes this Court doth adjudge That the said Charles Stuart as a Tyrant Traytor Murtherer and a publique Enemy shall be put to Death by the severing his Head from his Body After the Sentence read the Lord President said This Sentence now read and published it is the Act Sentence Judgment and Resolution of the whole Court Here the Court stood up and assenting to what the President said King Will you hear me a word Sir President Sir you are not to be heard after the Sentence King No Sir President No Sir by your favour Sir Guard withdraw your Prisoner King I may speak after the sentence By your favour Sir I may speak after the sentence ever By your favour hold the sentence Sir I say Sir I do I am not suffered for to speak expect what Justice other people will have O Yes All manner of persons that have any thing else to do are to depart at this time and to give their attendance in the Painted Chamber to which place this Court doth forthwith adjourn it self Then the Court rose and the King went with his Guard to Sir Robert Cottons and from thence to White-Hall The Names of those Persons that were present at the Sentencing of the KING to Death John Bradshaw President John Lisle William Say Oliver Cromwel Henry Ireton Sir Hardresse Waller Valentine Walton Thomas Harrison Edward Whaley Thomas Pride Isaac Ewers Lord Gray of Groby Sir John Danvers Knight Sir Thomas Maleverer Bar. Sir John Bourchier Knight William Heveningham Alderman Pennington William Purefoy Henry Martin John Barkstead John Blakiston Gilbert Millington Sir William Constable Bar. Edmond Ludlow John Hutchinson Sir Mich Livesay Bar. Robert Tichborn Owen Roe Robert Lilburn Adrian Scroop Richard Deane John Okey John Hewson William Goffe Cornelius Holland John Carew John Jones Miles Corbet Francis Allin Peregrine Pelham John Moore John Aldred Henry Smith Humphrey Edwards Gregory Clement Thomas Woogan Sir Gregory Norton Knight Edmond Harvy John Venn Thomas Scot Tho. Andrews Alderman William Cawly Anthony Stapley John Downes Thomas Horton Thomas Hammond Nicholas Love Vincent Potter Augustine Garland John Dixwel George Fleetwood Symon Meyne James Temple Peter Temple Daniel Blagrave Thomas Waite Ordered that Sir Hardress Waller Coll. Harrison Com. General Ireton Coll. Dean and Coll. Okey are appointed a Committee to consider of the Time and Place for the Execution of the King according to his Sentence given by the high Court of Justice Painted Chamber Lunae Jan. 29. 1648. Upon report made from the Committee for considering of the Time and Place of the Executing of the Judgement against the King that the said Committee have resolved that the open Street before White-hall is a fit place And that the said Committee conceive it fit that the King be there Executed the morrow the King having already notice thereof The Court approved thereof and ordered a Warrant to be drawn for that purpose which Warrant was accordingly drawn and agreed unto and ordered to be ingrossed which was done and Signed and Sealed accordingly as followeth At the High Court of Justice for the Trying and Judging of Charles Stuart King of England January 29 1648. WHereas Charles Stuart King of England is and standeth Convicted Attainted and Condemned of high Treason and other high Crimes and Sentence upon Saturday last was pronounced against him by this Court to be put to death by the severing of his head from his body of which Sentence Execution yet remains to be done These are therefore to will and require you to see the said Sentence Executed in the open street before White-Hall upon the morrow being the 30th day of this instant month of January between the hours of Ten in the morning and Five in the afternoon of the same day with full effect And for so doing this shall be your sufficient Warrant And these are to require all Officers and Souldiers and other the good people of this Nation of England to be assisting unto you in this service Given under our Hands and Seals To Coll. Francis Hacker Coll. Huncks and Lieuten Coll. Phray and to every of them Sealed and subscribed by J. Bradshaw O Cromwell Hen. Ireton Har. Waller Jo. Lisle Val. Walton Tho. Gray Ed. Whaley Mich. Livesey Jo. Okey Jo. Danvers Tho. Maleverer Wil. Goffe Tho. Pride Tho. Harrison Jo. Hewson Ri. Dean Robert Tichborn Ow. Roe Jo. Barkstead G. Fleetwood Gil. Milington Tho. Horton W. Say W. Constable Miles Corbet Jo. Ven Hen. Martin c. Painted Chamber Jan. 30. 1648. The Commissioners met and ordered That Mr. Marshall Mr. Nye Mr. Caryll Mr. Salway and Mr. Dell be desired to attend the King to administer to him those Spiritual helps as should be suitable to his present condition and Lieutenant Collonel Goffe is desired forthwith to repair unto them for that purpose Who did so but after informed the Court That the King being acquainted therewith refused to confer with them expressing that he would not be troubled with them Ordered That the Scaffold upon which the King is to be executed be covered with Black The Warrant for executing the King being accordingly delivered to those parties to whom the same was directed Execution was done upon him according to the tenour of the Warrant about two of the Clock in the Afternoon of the said 30. of January After Sentence The King being hurried from their Bar as he passed down the stairs the common Souldiers laying aside all Reverence to Soveraignty scoffed at him casting the smoak of their stinking Tobacco in his face no Smell more offensive to him and flinging their foul pipes at his feet But one more insolent than the rest defiled his venerable Face with his spittle for his Majesty was observed with much patience to wipe it off with his Handkerchief and as he passed hearing them cry out Justice Justice Poor soul said he for a piece if money they would doe so for their Commanders That Night being Saturday January 27. the King lodged at White-Hall that evening a Member of the Army acquainted the Committee with the desires of the King that seeing they had passed Sentence of Death upon him and the time of his Execution might be nigh that he might see his Children and receive the Sacrament and that Dr. Juxon Bishop of London might be admitted to pray with him in his private Chamber both which were granted The next day being Sunday January 28. the King was attended by his Guard to Saint James's where the Bishop of London preached privately before him his Text was in Rom. 2.16 In the day when God shall judge the secrets of all men by Jesus Christ according to my Gospel Monday Jan. 29. His Children