and censures as by the rest of the Knights citizens and burgesses assembled in the Commons house of Parl. c. And the Sheriffs and other Officers and Persons to whom it appertaineth shall make returns and accept and receive the returns of such elections in like manner as if Writs of Summons had issued and been executed as hath been used and accustomed And in default of the Sheriffs and other Officers respectively in not accepting or making return of such elections it shall and may be lawful to and for the several Freeholders and other persons that have elected to make returns of the Knights c. which shall be as good and effectual to all intents and purposes as if the Sheriff or other Officers had received a Writ of summons for a Parliament and had made such returns any Writ c. to the contrary notwithstanding And in case any person shall be so hardy as to advise or put in execution any such Writs c. then he or they so offending shall incur the penalties contained in the Statute of Premunire made in the 16 year of Rich. the 2d. and be deprived of the benefit of the Law in any case c. And if any Sheriff Constable of the Castle of Dover or Lord Warden of the Cinque-Ports shall not perform his duty enjoyned by this Act then he shall lose and forfeit the sum of one thousand pounds and every county city cinque-port and borough that shall not make election of their knights citizens barons and burgesses respectively shall incur the penalties following that is to say every County the sum of one thousand pounds and every City which is no County two hundred pounds and every Cinque-Port and Borough the sum of one hundred pounds All and every of which several forfeitures and all other forfeitures in this Act mentioned shall and may be recovered in any of the Kings Courts of Record at Westminster by and in the Name of the Lord Major of the City of London for the time being by action of Debt Bill Plaint c. wherein no Essoin Protection c. shall be in any wise prayed granted or allowed And if any person after notice given that the Action depending is grounded or prosecuted upon or by vertue of this Statute shall cause or procure any such Action to be staid or delayed before judgment that then the said persons so offending shall incur and sustain all and every the pains penalties and forfeitures as aforesaid The fifth part of all and every the forfeitures in this Act mentioned shall go and be to and for the use and behoof of the City of London and the other four parts and residue to be employed and disposed to and for such only uses intents and purposes as by the Knights Citizens and Burgesses in Parliament assembled shall be declared and appointed And be it further Enacted That the said Knights Citizens and Burgesses to be assembled at any Parliament by vertue of this Act shall and may from time to time at any time during such their assembly in Parliament choose and declare one of themselves to be Speaker for the said Knights Citizens and Burgesses of the House of Commons assembled in the said Parliament as they shall think fit And it is further enacted That all Parliaments hereafter to be assembled by authority of this Act and every Member thereof shall have and enjoy all Rights Priviledges Jurisdictions and Immunities as any Parliament summoned by Writ under the great Seal of England or any Member thereof might or ought to have and have voices in such Parliament before and without the taking of the several Oaths of Supremacy and Allegiance or either of them any Law or Statute to the contrary thereof in any wise notwithstanding For Signing of this Bill thanks were given to the King at White-hall the same afternoon by both Houses of Parliament By this time being the end of December that Cessation of Arms which was spoken of before between the English and Scotish Armies was expired and by the Parliament now renewed for a month longer for the Paliament although the King as is said before called them Rebels and desired to have them driven out of England had a better opinion of them and at this time of renewing the Cessation ordered that the Scots should be recompensed for all their charges and losses by that mischievous war which the King had raised against them and within few dayes after examination of those losses and charges the Parliament ordered that the Scotish Ships taken since that war should be restored to them and 4000. l. in money given them to rig those ships it was further resolved by both Houses that the full sum of 300000 l. should be given to them in these words Towards a supply of the losses and necessities of our brethren of Scotland And that the Parliament would in due time take into consideration the manner of raising daies of Paiment for which three daies after the Scotish Commissioners then Resident at London gave thanks to the Parliament not only for that great Sum of 300000. l. but for the stile of Brethren which so kindly they had used towards them The Parliament of England as a further strengthning of the Nations amity Ordained at that time That all Books Libels and Proclamations against the Scots should be called in and a thanksgiving to God should be in all Churches of England for that happy Peace The payment of two Armies for so long a time was a great charge to the poor people of England which they without any grudging or repining at the King as cause of that great burden in hope to gain him for the future bore with exceeding patience they willingly parted with six Subsidies and were content with the taxation of Poll-money a personal assessment of the whole Kingdom wherein every Duke was assessed at 100. l. a Marquess at 80. l. Earls at 60. l. Viscounts and Barons at 40. l. Knights of the Bath at 30. l. Other Knights at 20. l. Esquires at 10. l. Men of 100. l. per annum at 5. l. every common head at six pence The King in February had declared to the Houses his intention concerning a marriage for his eldest Daughter the Princess Mary who was then betwixt 9 and 10 yeers of age the husband appointed for her was the yong Prince William of Nassau Son to Henry Prince of Orange a youth about 16 yeers of age the matter was then in agitation and fair Propositions made upon it to the King by the Ambassadors of the States General The Parliament were pleased with the marriage and not long after the yong Prince arived in England and was by the King and Queen with all the Court joyfully received and entertained at London After convenient time spent in the English Court he was upon the second day of May with great solemnity Married at White-hall to the Princess Mary On the tenth day of May Thomas Earl of Strafford who had
been committed to the Tower six months before was beheaded Of this man of the crimes laid to his charge as likewise of his Pompous and remarkable trial we cannot but make some mention About the end of January a charge was read against him in the House of Commons consisting of nine Articles out of which by subdivision were branched many more which though too tedious to be verbally here set down I shall deliver by expressing the contents He was accused for ruling Ireland and the North of England in an arbitrary way against the Laws For retaining the Kings revenue without account For encreasing and encouraging Popery For maliciously striving to stir up and continue enmity betwixt England and Scotland of which some particulars are exprest For laboring to subvert Parliaments and incense the King against them Upon which occasion Mr. Pym a Member of the House of Commons in his Speech and Declaration to the Lords shewing the quality of the offence spake as followeth It is an offence comprehending all other offences in that he governed contrary to Law the Law is that which puts a difference between good and evil It is the Law that doth intitle the King to the Allegeance and service of his people it intitles the people to the protection and justice of the King It is God alone who subsists by himself all other things subsist in a mutual dependence and relation He was a wise man that said That the King subsisted by the field that is tilled it is the labor of the people that supports the Crown If you take away the protection of the King the vigor and cheerfulness of Allegeance will be taken away though the obligation remain The Law is the Boundary the Measure betwixt the Kings Prerogative and the peoples Liberty Whiles these move in their own Orb they are a support and security to one another The Prerogative a cover and defence to the Liberty of the people and the people by their Liberty are enabled to be a foundation to the Prerogative but if these bounds be so removed that they enter into contestation and conflict one of these mischiefs must needs ensue If the Prerogative of the King overwhelm the Liberty of the People it will be turned into Tyranny If Liberty undermine the Prerogative it will grow into Anarchy The Law is the safeguard the custody of all private interest Your Honors your Lives your Liberties and Estates are all in the keeping of the Law without this every man hath a like right to any thing and this is the condition into which the Irish were brought by the Earl of Strafford And the reason which he gave for it hath more mischief in it than the thing it self THEY WERE A CONQUERED NATION There cannot be a word more pregnant and fruitful in Treason than that word is There are few Nations in the world that have not been Conquered and no doubt but the Conqueror may give what Laws he please to those that are Conquered But if the succeeding Pacts and Agreements do not limit and restrain that right what people can be secure England hath been Conquered and Wales hath been Conquered and by this reason will be in little better case than Ireland If the King by the Right of a Conqueror gives Laws to his people shall not the people by the same reason be restored to the right of the Conquered to recover their Liberty if they can What can be more hurtful more pernitious to both than such Propositions as these A little after Such arbitrary power is inconsistent with the peace the wealth the prosperity of a Nation to industry to valor c. For who will take pains for that which when he hath gotten is not his own Or who will fight for that wherein he hath no other Interest but such as is subject to the will of another The ancient encouragement for men to defend their Countries was this That they were to hazard their persons in defence of their Religion and their Houses but by such arbitrary wayes as were practised in Ireland and counselled here no man had any certainty of either or of any thing else c. Such arbitrary courses have an ill operation on the courage of a Nation by embasing the hearts of the people a servil condition doth beget in men a slaves temper and disposition shall it be Treason to embase the Kings Coyn though but a piece and must it not needs be the effect of a greater Treason to embase the spirits of his Subjects c. A little further As it is a Crime odious in the nature of it so it is odious in the judgment and estimation of the Law to alter the settled frame and constitution of government is Treason in any estate The Laws whereby all other parts of a Kingdom are preserved should be very vain and defective if they had not a power to secure and preserve themselves The forfeitures inflicted for Treason by our Law are of Life Honor and Estate even all that can be forfeited and this prisoner having committed so many Treasons although he should pay all these forfeitures will be still a Debtor to the Common-wealth Nothing can be more equal then that he should perish by the Justice of that Law which he would have subverted Neither will this be a new way of blood There are marks enough to trace this Law to the very original of this Kingdom And if it hath not been put in execution as he allegeth this 240 yeers it was not for want of Law but that all that time hath not bred a man bold enough to commit such Crimes as these which is a circumstance much aggravating his offence and making him no whit less liable to purishment because he is the only man that in so long a time hath ventured upon such a Treason as this The Commissioners of Scotland then resident at London had a charge also against this Earl for matters done against their Nation which were notwithstanding implied in the Parliaments Charge To this Charge the Earl gave in his Answer in the House of Lords where the King himself was present at the reading of it upon the 23 day of February but his trial in Westminster Hall began on the 22 day of March following and was a most memorable fight The Hall was Scaffolded on both sides to contain the whole House of Commons sitting there in a Committee the Peers sate all there besides the Commissioners from Scotland and besides other spectators and auditors and a great number of the Lords of Ireland The Earl of Arundel was Lord high Steward and the Earl of Lindsey Lord high Constable the King himself sate privately in a close Gallery every day taking Notes in writing of what passed in the tryal Fifteen dayes the Earl answered personally from the 22 of March with few dayes intermission till the 16 of April Misdemeanors in an high degree were proved against him but that which the Earl labored to maintain
which favour they gave the King thirty thousand pounds This was that cessation of Arms so much spoken against by honest men in London for that reason especially that it was directly against a Law and the Kings faith for it was enacted by authority of Parliament the King also signing the Act in the year one thousand six hundred forty one That the War against those bloudy Irish Rebels should proceed untill it were declared by Parliament that Ireland were fully subdued and that no peace nor any cessation of Arms should be made with those Rebels without the consent of both Houses of Parliament Thus was assistance brought to either side to the King which he especially aimed at in this business that English Army which for almost a whole years space had fought valiantly and victoriously against those Rebels was now brought into England within five moneths after that cessation to fight against the Parliament of England but the cause being changed the fortune of those Souldiers was likewise changed for they had no success in England but within a short time after their arrival that whole Army was utterly defeated and all their cheif commanders with seventeen hundred common Souldiers were taken prisoners by Sir Thomas Faâ—rfax The Scottish Army that Winter following about the middle of January passing over Tweed came into England The Earl of Leven was General his kinsman David Lesley commanded the Horse the snow that fell at that time covered the ground in an unusual depth and as great a frost had congealed all the rivers but the heat of fighting was greater than the rigor of the air and the patience of Souldiers overcame the hard weather The Earl of Leven marched with his forces against the Earl of Newcastle who with a great Army possessed the Northern parts of England for the King nor did the War goe on with less vigour in other parts In the beginning of the Spring great Armies were raised on both sides and filled all the countries with terrour all the following Summer which fell in the year one thousand six hundred forty four they fought with equal fury and almost equal fortunes insomuch as that England by the dubiousness of success on both sides and sad vicissitude of calamitous slaughters was made an unhappy Kingdom The Kings fortune was susteined by brave Armies in the West under the Princes Rupert and Maurice in Wales under Gerard and others in the midland Counties under Sir Jacob Ashley an old Souldier other Armies were commanded by Sir Ralph Hopton and Colonel Goring and in the North the Earl of Newcastles great Army Nor were the forces of Parliament inferiour the cheif Army under the General Essex Waller commanded another the Earl of Manchester to whom Crumwell a stout and successful Souldier was joyned led a strong Army toward the North where the Lord Fairfax and his Son had good forces and Sir John Meldrum not far off the Earl of Denbigh a stout Commander was with a fair Party about Strafford and besides these the great Scottish Army At the beginning of that Summer the Parliament attempted a thing of great moment to besiege Oxford or at least to block up the King within that Town which was endeavoured by two Armies Essex on the one side and Waller on the other but the King deceived them both and with a few light Horse escaping out of the Town went to joyn with his greater Armies General Essex marched farther into the West but the expedition proved unhappy both to himself and the Parliament Waller followed the King but in vain for he could not hinder his designed March onely some skirmishes happened between parts of their Forces but nothing was done of any great moment until Waller returned with his force to encounter enemies in other places Various were the successes this Summer in most parts of the Kingdom in the West South and midland Counties the Kings forces prevailed above the Parliament which perchance had been ruined if the North had not made them amends with some atchievements besides one great Victory For Leve with his Scottish forces coming the last Winter into England besides the taking of some Towns and Forts had much weakened Newcastles Army lessening their number not by fighting but enduring the sharpness of that weather which the other could not so well doe To Leven the Lord Fairfax after Selby was so miraculously taken by valiant Sir Thomas Fairfax joyned himself with all his forces to whom also the Earl of Manchester after his Lincoln expedition came with a gallant Army Three Parliament Armies under three Generals Leven Manchester and Fairfax with great concord and unanimity had marched together and with joyned forces had besieged the great City of York whereof the Earl of Newcastle was Governour to raise the siege Prince Rupert was come with a great Army out of the South the three Generals left their siege to fight the Prince under him also Newcastle having drawn his forces out of York served who on a great plain called Marston Moore gave battel to the three Generals This was the greatest battel of the whole civil war never did greater Armies both in number and strength encounter or drew more bloud in one fight The Victory at first was almost gotten by the Royalists whose left Wing Fairfax his men being disadvantaged by the inconvenience of the ground had routed and put to flight the right wing of the Parliamentarians but this loss was more than recompenced in the other Wing where Crumwell who fought under Manchester charged with such force and fury the right wing of the Royalists that he broke the best Regiments which Prince Rupert had and put them all to flight Crumwel together with David Lesley pursued them and wheeling about with his Horse came opportunely to the releif of his oppressed friends in the other Wing where they ceased not until they had gained a compleat Victory and all Prince Rupert his Ordnance his carriages and baggage were possessed by the Parliamentarians After this Victory Rupert with the remnant of his forces fled into the South some of the Victorious Armies Horse in vain pursuing him for some miles the Earl of Newcastle with some of his chosen friends leaving York of which City Sir Thomas Glenham took the government went to Scarborough where within a while after he took shipping and passed into Germany The three Generals Leven Manchester and Fairfax after this great Victory returned to besiege York to whom that City soon after upon conditions was rendered after which they divided their forces and Leven with his Scottish Army returning into the North about the end of that Summer took the rich Town of Newcastle about the same time that the General Essex unfortunately managed his business in the West and having lost all his Artillery returned to London This Summer the Queen passed into France and used great endeavour to raise aid for the King her husband among the Roman Catholikes but those endeavours proved fruitless yet
the happie cause which necessitated the King to call a Parliament in England whereby their just Liberties might by the blessing of God be vindicated and more ascertained for the future Great was the expectation of this English Parliament on which the hopes of the people were wholly fixed as a certain cure of all their long sufferings to which they thought the King having so much transgressed could not deny any thing or make the least opposition That was the cause for which they extremely loved the Scots as the instruments of that happiness to them who by resisting the Kings intrusions upon themselves had enforced him to this visible means of a cure for England which made the King more hate the Scots as the stoppers of his general design which hatred he could not conceal in his first Speech that he made in this Parliament in which promising all favour and concurrence to any thing that might procure the happiness of England and promising to put himself freely and wholly upon the love and affections of his English Subjects in this Parliament he inveighed against the Scots as Rebels and desired that by force of Arms they might be chased out of England but the English Parliament was of another affection towards the Scots as will appear more hereafter The Parliament shewed a great and wonderful respect to the King and in many expressions gave him humble thanks for Calling them together without any reflection upon his Person for what had passed in former misgovernment but since no cure could be made without searching wounds and that grievances must be recited they resolved so to name them as to cast the envy of them upon evil Counsel and still mention the King with all honour reverence possible as will appear to any that read the printed Speeches which at the beginning of that Session were made in the House by men of Eminency Great was the business and of various natures were the crimes which this Parliament were to examine and finde out Delinquents whom so long a misgovernment had made so Many Committees were made by the House to ease them in this business they began with matters of Religion Divers Ministers who had been of good lives and conversations conscientious in their wayes and diligent in Preaching and had by the Bishops and those in authority been molested deprived or imprisoned for not conforming to some ceremonies which were imposed on them were now by the Parliament relieved and recompensed for their sufferings Others on the Contrary that had been scandalous either for loose and wicked living or else offenders in way of superstition both which to discountenance the Puritains had been frequently preferred were censured and removed The Earl of Strafford Leiutenant of Ireland was impeached of high Treason and sent prisoner to the Tower of London and on the eighteenth day of December William Laud Archbishop of Canterbury impeached of the same crime was committed to the same custody The next day after the Archbishop was impeached Dr. Wren Bishop of Norwich was accused of many misdemeanors in matter of superstition in his Ecclesiastical Government which tending to the detriment of the Civil State he was also accused of Treason and entred into a recognizance of thirty thousand pounds to appear with three sureties bound each of them in obligations of ten thousand pounds Sir Francis Windebank Principal Secretary of State a man neerly in friendship with Laud the Archbishop who was thought to be a means of his preferment was about that time accused of extraordinary connivence toward Popish Priests or rather of favor to them and that contrary to the Laws in force against them he had bailed and released a great number a Committee was appointed to examine his offence but he conscious of the crime objected and fearing the consequence about the begining of December fled in a disguise and went into France Immediately after his flight the Lord Keeper Finch was constrained to take the same course and fled out of the Kingdom into Holland the crimes objected against him were of a various nature The first committed when he was Speaker of Parliament in the House of Commons in the fourth year of King Charles which was for that he disobeyed the House in refusing to speak when he was commanded by them 2. The second was for giving illegal and cruel judgements in the Forrest-business when he was Lord Chief Justice of the Common Pleas. 3. The third was for threatning of some of the Judges at that time to give their extrajudicial opinions for Ship-mony The last was for drawing an injurious Declaration after the dissolution of the last Parliament for which Offences he was Voted by the House of Commons guilty of high Treason a Charge drawn up against him and carried up to the Lords upon the 14 of January three weeks after his flight Upon the 15 of February 1640. a Bill for the Triennial Parliament was presented to the King and by him signed which Act being of such great importance to the security of the peoples Liberties by Parliaments Take the substance thereof as followeth BE it Enacted That in case there be not a Parliament summoned by Writ under the Great Seal of England and assembled and held before the tenth day of September which shall be in the third yeer next after the last day of the last meetting and sitting in this present Parliament the beginning of the first year to be accompted from the said last day of the last meeting and sitting in Parliament and so from time to time and in all times hereafter if there shall not be a Parliament assembled and held before the tenth day of September which shall be in the third year next after the last day of the last meeting and sitting in Parliament before that time assembled and held the beginning of the first year to be accounted from the said last day of the last meeting and sitting in Parliament That then in every such case as aforesaid the Parliament shall assemble and be held in the usual place at VVestminster in such manner and by such means only as is hereafter in this present Act declared and enacted and not otherwise on the second Monday which shall be in the month of November then next ensuing And the Lord Chancellor of England the Lord Keeper of the Great Seal of England and every Commissioner and Commissioners for the keeping of the Great Seal of England for the time being shall within six dayes after the said tenth day of September in every such third year as aforesaid in due form of Law and without any further Warrant or Direction from his Majesty His Heirs or Successors Seal issue forth and send abroad several and respective Writs to the several and respective Sheriffs of the several and respective Counties Cities and Boroughs of England and Wales and to the Constable of the Castle of Dover Lord Warden of the Cinque-ports or his Lieutenant for the time being and to the Major
and Bailiffs of Barwick upon Tweed and to all and every other Officers and Persons to whom Writs have used to be directed for the electing of the Knights Citizens Barons and Burgesses of and for the said Counties Cities Cinque-ports and Boroughs of England Wales respectively in the accustomed form to appear and serve in Parliament to be held at Westminster on the said Monday which shall be in November aforesaid which said Knights Citizens Barons and Burgesses chosen by vertue of the said Writs shall then and there appear and serve in Parliament accordingly And the said Lord Chancellor Lord Keeper Commâ—ssioner and Commissioners aforesaid shall respectively take a solemn Oath upon the holy Evangelist for the due issuing of Writs according to the tenor of this Act viz. in haec verba YOu shall Swear that you shall truly and faithfully issue forth and send abroad all Writs of Summons to Parliament for both Houses at such time and in such manner as is expressed and enjoyned by an Act of Parliament intituled An Act for the preventing of inconveniencies happening by the long intermission of Parliaments Which Oath is forthwith to be taken by the present Lord Keeper and to be administred by the Clerk of the Crown to every Lord Chancellor Lord Keeper Commissioner and Commissioners aforesaid and that none of the said Officers shall henceforth execute any the said Offices bâ—fore they have taken the said Oath And if the said Lord Chancellor Lord Keeper or any the said Commissioners shall fail or forbear so to issue out the said Writs according to the true meaning of this Act then he or they respectively shall beside the incurring of the grievous sin of perjury be disabled and become by vertue of this Act incapable ipso facto to bear his and their said Offices respectively and be further liable to such punishments as shall be inflicted on him or them by the next or any other ensuing Parliament And in case they neglect then the Peers of this Realm shall by vertue of this Act be enabled and are enjoyned to meet in the old Palace of Westminster in the usual place there on the third Monday in the said Month of November and they or any twelve or more of them then and there assembled shall on or before the last Monday of November next following the tenth day of September aforesaid by vertue of this Act without other Warrant issue out Writs in the usual form in the name of the Kings Majesty His Heirs or Successors attested under the hands and seals of twelve or more of the said Peers to the several and respective Sheriffs of the several and respective counties for the electing of the Knights Citizens Barons and Burgesses to be and appear at the Parliament at Westminster aforesaid to be held on the third Monday in January then next following And in case the said Lords or twelve or more of them shall fail to issue forth such Writs or that the said Writs do not come to the said several counties cities cinque-ports and borroughs so that an election be not thereupon made And in case there be not a Parliament assembled and held before the three and twentieth day of the said Month of January then in every such case as aforesaid the Parliament shall assemble and be held in the usual place at VVestminster on the second Tuesday which shall be in the month of March next after the said three and twentieth day of January At which Parliament the Peers of this Realm shall make their appearance And for the better assembling of the Knights Citizens Barons and Burgesses to the said Parliament as aforesaid It is further Enacted That the several and respective Sheriffs of their several and respective counties cities and boroughs of England and VVales and the Chancellor Masters and Scholars of both and every of the Universities and the Major and Bailiffs of the Borough of Barwick upon Tweed shall at the several courts and places to be held and appointed for their respective counties universities cities and boroughs next after the said three and twentieth day of January cause such Knight and Knights citizen and citizens Burgess and Burgesses of their said counties universities cities and boroughs respectively to be chosen by such persons and in such manner as if several and respective Writs of summons to Parliament under the Great Seal of England had issued and been awarded And in case they do not before ten of the clock in the forenoon of the same day wherein the several and respective courts and places shall be held or appointed for their several respective counties universities cities and boroughs as aforesaid begin and proceed on according to the meaning of this Law in causing Elections to be made of such Knight and Knights citizen and citizens Burgess and Burgesses of their said counties Universities cities and boroughs as aforesaid then the Freeholders of each county and the Masters and Scholars of every of the Universities and the citizens and others having voices in such Election respectively in each University city and borough that shall be assembled at the said courts or places to be held or appointed as aforesaid shall forthwith without further Warrant or direction proceed to the Election of such Knight c. And it is further enacted That the several and respective Sheriffs shall after the said three and twentieth day of January and before the eighth day of February then immediately next ensuing award and send forth their Preceps to the several and respective cities and boroughs within their several counties and likewise unto the said Cinque-ports respectively commanding them respectively to make choice of such citizen and citizens Barons Burgess and Burgesses to serve in the said Parliament at the time and place aforesaid Which said cities cinque-ports and boroughs respectively shall before the last day of the said month of February make election of such citizen and citizens barons burgess or burgesses as if Writs for summoning of a Parliament under the Great Seal of England had issued and been awarded And in case no such Precept shall come unto the said cities cinque-ports and boroughs respectively by the time herein limited Or in case any Precept shall come and no election be made thereupon before the said last day of February That then the several citizens burgesses and other persons that ought to elect and send citizens barons and burgesses to the Parliament shall on the first Tuesday in March then next ensuing the said last day of February make choice of such citizen and citizens barons burgess and burgesses as if a Writ of Summons under the Great Seal of England had issued and been awarded and shall each of them be liable unto such pains censures for his their not appearing serving then and there in Parliament as if he or they had been elected and chosen by vertue of a Writ under the great Seal of England shall be likewise subject unto such further pains
committed The Lords Justices Sir William Parsons and Sir John Burlace taking those Arms which they found in Dublin and arming whom they could on a sudden to defend themselves dispatched Letters to the King in Scotland and the Earl of Leicester then chosen Deputy but staying in England Money was wanting and no supplies neerer then England Owen O Conally the first discoverer of the Plot brought the first Letters to London upon receipt of which they rewarded Owen with a gift of 500.l and an annuity of two hundred pounds per annum and presently both Houses of Parliament met at a Conference and the House of Commons forthwith resolved into a Committee to consider of Irelands relief and also to provide for the safety of England for distractions began then to appear in England the Parliament every day considered of Irelands relief and presently ordered supplies of money to be borrowed of the City of London Victuals and Ammunition for that purpose But all relief could be but slow in such a sudden disease For the Rebellion encreased and spread through all the Kingdom and many Papists and ill-affected fled from Dublin into the Country to joyn with the Rebels whilest the City in their rooms was daily filled with poor spoiled Protestants who came naked and famished thither many of them being past relief and there perished in the City It were an endless thing to relate the pitiful condition of those woful people and what sad stories they there told concerning the bloody rage of those inhumane Irish Rebels and several tortures by which the unhappy English were brought to their ends But the Lords of the Councel and Lords Justices in a short time with those Arms of Dublin had armed many well-affected Gentlemen and sent many active Commanders out of the City to defend places neer against the approach of the Rebels About the middle of November were in Arms Sir Charles Coot Sir Henry Tichburn the Lord Lambert Sir Thomas Lucas Capt. Armstrong Capt. Yarner and the Earl of Ormond came to Dublin with an hundred Horse well armed At which time the Parliament of England till greater sums could be raised sent them over as a present comfort twenty thousand pounds But it was a long time before they could send over any forces to the relief of that bleeding Kingdom the first was a Regiment Commanded by Sir Simon Harcourt who arrived on the last of December 1641. While Ireland was thus miserably distressed the King returned out of Scotland into England and was entertained by the City of London with most pompous solemnity the whole multitude of Citizens distinguished by their several Companies in such costly Equipage as never before was known with Horse and Arms met the King and guarded him through the whole City to his Palace at White-hall Some condemned that costly entertainment of the City at such a sad time others hoped it might gain the Kings dubious affection to his people but it wrought a contrary effect in the King who began now to think he could never lose the love of the City whatsoever he did and was flattered by some with a hope that the City would assist him in curbing of the Parliament it self he grew therefore more disdainful toward the Parliament and to endear the City invited divers of the chief to Hampton Court where he feasted them and Knighted some But the honest Citizens perceiving that no good use was made of their dutiful expressions toward the King but that some bad people did openly say that the City were weary of the Parliament and would joyn with the King against it they framed a Petition to the Parliament wherein the contrary is professed and that they would live and die with the Parliament for the good of the Common-wealth While the King remained at Hampton Court the House of Commons presented him with a Remonstrance wherein the Grievances of the Kingdom are expressed but no fault laid upon himself in plain words but a Malignant party as they call them and evil Counsellors Irelands calamities seemed to be quite forgotten or rather that those inhumane Rebels were countenanced every body wondring that the King would not proclaim them Rebels and some honest Lords advising the King to proclaim them speedily that a better course might be taken against them they desired him to wash off that foul stain from himself by proceeding severely against those wicked villains who reported every where that they had authority from him to seize upon the Holds of the English Protestants that they were the Queens Souldiers and rise to maintain the Kings Prerogative against the Puritan Parliament in England they therefore advised him by all means to purge himself of that crime then which a greater on earth could not be But so strangely were things carried that although the Rebellion brake out upon the twenty third of October the King did not proclaim them Rebels till the first of January and then gave a strict command that no more then forty Copies of that Proclamation should be Printed and that none of them should be published till his Majesties pleasure were further signified so that a few only could take notice of it which made all men extreamly wonder when they observed the late contrary proceedings against the Scots who were in a very quick and sharp manner proclaimed and those Proclamations forthwith dispersed with as much diligence as might be thorow all the Kingdom But before this Proclamation came out the Parliament being somewhat troubled with some speeches of which they had been informed as if a Plot were contrived against them desired the King to allow them a Guard for security of their persons and that the Earl of Essex then Lord Chamberlain of his Majesties Houshold might be Commander of it But the King denied them a Guard giving them many fair promises of his care for their safety and that he would command such a Guard to wait upon them as he would be responsible for to Almighty God Three days after the Proclamation against those Irish Rebels being the fourth of January the King attended with about three hundred Armed Gentlemen came to Westminster and entring in Person into the House of Commons and seating himself in the Speakers Chair demanded five Members of that House to be delivered to him Mr. Hollis Sir Arthur Haslerig Mr. Pym Mr. Hamden and Mr. Strode Those five Members had by command of the House upon information of the Kings intent absented themselves Which the King finding went away after a short Speech delivered concerning them That he intended a fair Trial against them and that he was and would be as careful to maintain the Priviledges of Parliament as ever any King of England was He had the day before demanded them by his Atturney Sir Edward Herbert a Member of the House of Commons pretending a Charge of high Treason against them and with them against the Lord Mandevile a Member of the House of Lords But the Parliament did not think
a German Writer upon the same day that the Queen of England at Paris was singing Te Deum Laudamus for Montross his Victory at Kilsithe Thus was Scotland recovered before the King could come to Montross which notwithstanding the King soon after attempted and marching Northward with a strength not contemptible having Gerard and Langdale with him came to Routenheath his design was that if he could not joyn with Montross yet at the least that he might raise the Siege of Chester for the King was exceedingly solicitous for that City as being the most convenient Haven to receive the transported Irish whom he so long in vain expected But that expedition proved most unfortunate to the King for in a battel fought upon Routenheath where Pointz was Commander of the Parliaments Army the King was vanquished and eight hundred of his men slain Nor was the Lord Digbies expedition to Montross more fortunate who in the following moneth together with Langdale having got together one thousand Horse marched into the North to that purpose for at Sherburn in Yorkshire he was beaten and put to flight by Pointz Copley and other Parliamentarians and afterwards at Carlisie he was defeated by Brown and Lesley and having lost all his forces fled into the Isle of Man to the Earl of Derby from whence shortly after he passed into Ireland When Digby was defeated at Sherburn other secret Letters and papers of the Kings were taken whereby some designs of his were laid open and some things more cleerly discovered about his transactions with Danes Irish and others the Roialists at Oxford did much blame Digby his carlessness that would carry such papers with him into a Battel which were scarce safe enough in the strongest Fort especially remembring what a stir was made about the Letters taken at Naseby Digby was now in Ireland and about the end of December together with Ormund treating about a peace with the Irish when on a suddain the Kings affairs began to be endangered there by divulging of Glamorgans secret transaction with the Irish Rebels of which we spake before Ormund and Digby fearing least if this discovery should grow too general among the people that all the former rumours would find credit as namely that the King was Author of the Irish Rebellion and sought to confirm Popery from whence a general revolt of all the Protestants might be feared and although Digby thought Glamorgan to be an unadvised man yet could not suppose him so foolish as to undertake such a thing as that without any warrant at all Therefore it was agreed betwixt them that for fear least when this discovery were grown more general it might be too late to vindicate the King Digby should presently accuse Glamorgan of Treason But Ormund and Digby were both troubled with this fear because at that time three thousand Irish were promised to go over to the releif of Chester lest by this unseasonable vindication of the King Chester might be lost for want of transportation of those forces but when they understood that according to Glamorgans compact those Irish were not to go for England before the King had made good the conditions which Glamorgan promised and confirmed the peace and while they were consulting about this perplexed business it was told them That the Protestants of Dublin upon that news were in a great mutiny and the worst was feared within few hours unless the danger were speedily prevented Digby was enforced to make hast and accuse Glamorgan who was not at all dismaid knowing it was onely to deceive the people of high Treason Glamorgan therefore with great confidence and alacrity went to prison affirming That he did not fear to give account at London or before the Parliament of what he had done by the Kings warrant but it was wonder to see what a change in the Protestants at Dublin this feigned accusation of high Treason suddainly made and they who before murmured were now appeased But yet there remained another difficulty to be extricated Ormund was fearful lest the Irish incensed by this injury done to Glamorgan should suddenly fly to Arms before the Kings forces were ready for them to prevent that danger he wrote to Muskerry concerning the reasons of this action and the extream necessity and withall he seemed to approve the conditions for peace as the Rebels had proposed them and sent them to Kilkenny to be further discussed with some dubiousness of the event this might spend time until some new hopes of relieving Chester or otherwise supplying the King might arise But all these devices nothing availed the King all his designs were frustrated nor ever could he bring into England an Army either of Irish Rebels Lorraigners or Danes God providing better for that Kingdom until at last all his forces every where were vanquished and wholly subdued by the Parliament for in the following moneth February that very City of Chester for which he hath been so solicitous a City so often besieged and now long defended by Biron came into the power of the Parliament for Biron the Governour upon honourable terms delivered it up to Breerton Nor was the Kings side more lucky in any County of England for besides the whose West that Winter and the following Spring by many field-Victories and gaining of Towns conquered by Fairfax in the midland Counties also in the North and in Wales in several battels all that time the Roialists were vanquished by eminent Commanders of the Parliament such as were Massey Pointz Brown Rossiter Mitton Gell Breerton Laughorn and others and in the moneth of March which was the last noted field-Victory Ashley himself the Kings General was vanquished by Morgan in a memorable battel and taken prisoner with one thousand six hundred of his men Ashley when he was taken spake aloud these words You have done your work and wholly vanquished the Kings party unless your own dissentions raise them again At this time Newark the strongest Garrison of the Kings which had long and much infested the adjacent Countries was straitly besieged by Leven Pointz and Rossiter and General Fairfax after reducing of the West having provided what was sit hastened to besiege Oxford the head of the War The King having now no Garrisons left but Banbury Wallingford Worcester Ragland and Pendennis all which in a short time after were also taken and could glory onely in this that they had held out after Oxford The besieged Newarkers though the Plague raged in the Town and they began to want victuals yet susteined themselves upon hopes of some dissentions that might arise between the English and the Scots For now the Scots began to complain of want of pay of the neglect of Church-government and the Covenant the Parliament answered that that Scottish Army in two years space had received above two hundred thousand pounds for pay besides a vast sum of money which they had by force extorted from the poor weeping Inhabitants of the Northern Counties and besides that
by leave of the Parliament made a voluntary Secession for six moneths Concerning that Order of Parliament that the King should go to Richmond the General desired to be excused intreating them not to command that untill things were more quiet and that they would appoint no Residence for the King nearer to London than they would allow the Quarter of the Army to be After which the King was conveied to Roiston thence to Hatfield no long after to Causum while the Army quartered at Reading From whence when the General with his Army marched to Bedford the King went to the Earl of Bedfords House neer Ouborn About that time was rumoured a very dangerous conspiracy in London of Citizens Apprentices and others against the Army namely that many Citizens and Apprentices and other people had privately listed themselves to make a Force against the Army The General hearing this certified the Cities Commissioners who were then with him at the Head-quarters of it Who made hast to London to examine and quiet those troubles but at that time between the two embittered Factions nothing but suspitions and tumults could be These Jealousies daily encreasing on July 22. the Parliament made an Order to change that Militia of the City which had been established upon the fourth of May and put others which were better affected to the Army in their rooms Upon which Order the Citizens of that faction were wonderfully incensed and petitioned the House on the twenty six of July which being read seemed rather a command than a petition This was carried and followed by a dissolute multitude of Citizens Apprentises and other unruly persons who pressed to the very doors of the Parliament and cried out in a threatning way that before the House rise they must order according to their Petition and so far did their violence prevail that they extorted an Order for the re-establishing of the former Militia But not content with that when the House was rising they took the Speaker and rudely thrust him again into his chair detaining both him and the rest of the Members there an unheard of violation of Parliament until they enforced from them another Order which was That the King should come to London After this rude violation the Houses adjourned until Fryday next which was the thirtieth of July Upon which day both the Speakers being absent for they with the greatest part of the Members had left London and withdrawn themselves to the Army new Speakers were chosen the Lord Hunsdon and Mr. Henry Pelham a Barrester by whom Orders were made that day 1. That the King should come to London 2. That the Militia of London should be authorized to raise Forces for defence of the City 3. Power was given to the same Militia to choose a General for those Forces It was likewise Ordered that the aforesaid eleven Members Impeached by the Army should return to their seats in Parliament The Citizens armed with these Orders presently proceed to raising of Forces of which they Elected Massey to be their General In the mean time the Lords and Commons who had left London consulting with the General and chief Commanders of the Army made an Order That all Acts and Decrees that had passed on the 26. of July and since should be accounted null and void and that they did adhere to the Declaration of the General and Councel of the Army It was likewise Decreed that the General with his Army should march to London But when the Citizens heard of the Armies approach their stomacks being somewhat abated and their opinions so much divided in Common-Councel that it appeared impossible for them suddenly to raise any forces to oppose the Army they sent to the General for a Pacification which by the consent of the Members of parliament then with him was granted to them upon these conditions 1. That they should desert the Parliament now sitting and the Eleven Impeached Members 2. That they should recall their Declaration lately divulged 3. They should relinquish their present Militia 4. They should deliver up to the General all their Forts and the Tower of London 5. They should disband all the Forces they had raised And do all things else which were necessary for the publick tranquillity All which things none of them daring to deny were presently ratified On the sixt day of August the General with his Army came to Westminster and with him the Speakers of both Houses together with the rest of the Lords and Commons whom he restored all to their former Seats Both the Speakers in the name of the whole Parliament gave thanks to the General they made him Commander of all the Forces in England and in Wales and Constable of the Tower of London a moneths pay was likewise given as a gratuity to the Army The next day General Fairfax Lieutenant General Cromwel Major General Skippon and the rest of the Commanders with the whole Army marched through London from the Western part thereof to the Tower where some Commands were changed and the Militia otherwise setled Then least the City should swell with too much power her Militia by Order of Parliament was divided and Authority given to Westminster Southwark and the Hamblets about the Tower to exercise and command their own Militiaes Thus was the Presbyterian faction depressed and the Parliament thus restored were very intent upon the business of annulling all those Acts which in their absence and by that tumultuous violence had been made and in punishing the Authors of those Seditions FINIS Book III. A short mention of the Originall and Progress of the Second War THe Parliament restored the Militia of London setled and the other Commands fitly disposed the General Fairfax marched out of London and quartered his Army in the Towns and Villages adjacent onely leaving some Regiments about White-Hall and the Mews to guard the Parliament his Head-Quarters being at Putney the King about the middle of August was brought to the most stately of all his Palaces Hampton Court While the King remained at Hampton Court he seemed not at all a restrained man But a Prince living in the splendor of a Court so freely to his presence were all sorts of people admitted to kiss his hands and do all obeysances whatsoever None were forbidden to wait upon him Nor did the people from London onely and the adjacent Towns resort to the King but his Servants also from beyond the Seas even those who by Order of Parliament had been forbidden and Voted Delinquents such as Ashburnham Barkley and the rest who now by the permission of the Army had safe recourse to him But upon what reasons or design this permission was many wondred Stirred up by these examples if not sent for by the King the Lords formerly of his Councel at Oxford the Duke of Richmond Marquess Hartford the Earls of Southampton and Dorset with the Lord Seymor about the beginning of October came to the King as if to consult and give their
by the Parliament created which Title he had born at the beginning of these Wars Lord High Admiral of England Whilest Warwick was serving the Parliament his Brother the Earl of Holland unhappily rise in Arms against it Relying as it seems upon the opportunity of time while the Navy was revolted whilest Fairfax in Kent Cromwel in Wales were busied he built likewise upon the affections of the Citizens of London of whom he made tryal and joyning the young Duke of Buckingham and his Brother with others to him he appeared in Arms by Kingston with five hundred Horse but by Sir Michael Levesey and others who took occasion by the fore-sock he was thereput to flight the Lord Francis Villiers was slain Holland flying with the remainder of his Horse was within few dayes after at the Town of St. Needs by Col. Scroop whom the General had sent from Colchester for that purpose altogether subdued Dalbeer and some other Gentlemen slain Holland himself was taken and by the Parliament committed prisoner to Warwick-Castle At the same time Rossiter also obtained for the Parliament a gallant victory over the forces of Pomfret-Castle whom as they were pillaging the Country and plundering up and down being a thousand Horse Rossiter fell upon vanquished and took prisoners all their Commanders took all their Arms and Baggage Rossiter himself which for a time abated the joy of this victory was grievously wounded but he recovered These victories obtained everywhere by the Parliament though some of them may seem small yet will appear great and worthy of commemoration to all those who consider how much the Commonwealth if but one of these fights had miscarried had been endangered and the Parliament it self weighing the number and variety of their hazards may the better acknowledge the continuance of Gods providence and his very hand with them By these little victories also a way was made for higher Trophies and an absolute subjugation of all their Enemies which about this time miraculously happened For now most opportunely was Pembrook-Castle surrendred to Cromwel which Poyer and Laughorn confiding in the strength of the place had so long stifly maintained But at last brought to extremities they delivered it without conditions rendring themselves Prisoners at mercy Which fell out at the same time Fates calling Cromwel to a greater atcheivement that Duke Hamilton with a numerous Army of Scots had entred England about the beginning of of July was further strengthned by the addition of Langdales Forces Hamilton marched above five and twenty thousand stong striking a great terror every-where scarce in the whole time of these wars did any Army exercise greater cruelty toward the poor inhabitants of England And yet when the Parliament debated concerning this Army the House of Peers could hardly be brought to declare them Enemies For the House of Commons had declared That the Scots that under Duke Hamilton Invaded England were Enemies and that all the English which joyned with them were Traitors to their Country To which Vote the Lords at last after much debate assented The chief Citizens of London and others called Presbyterians though the Presbyterian Scots abominated this Scotish Army wished good success to these Scots no less then the Malignants did Whence let the Reader judge of the times Lambert though too weak in all probability for so potent an enemy was not discouraged but resolved to oppose the present danger and if need required to fight the Scots but he daily expected the coming of Cromwel to whose conduct this victory was reserved In the mean time with prudent retreates some Skirmishes not onely with Langdale but Hamilton himself he spun out the time so long until that Hamilton's great Army having on the twentieth of August entred into Lancashire Cromwel was arrived with his forces who with the addition of Lambert's strength made an Army of almost ten thousand This famous battel was fought neer to Preston in Lancashire in which all the forces of Hamilton and Langdale were vanquished and put to flight whom the Conqueror pursuing as far as Warrington about twenty miles and killing many in the chase took Lieutenant General Baily prisoner with a great part of the Scottish Army granting them onely quarter for their lives In this battel were slain three thousand Scots and taken prisoners about nine thousand Duke Hamilton himself within few dayes after having fled with a good party of Horse to Uttoxeter was there taken prisoner by the Lord Grey and Colonel Wait with Hamilton were taken about three thousand Horse Langdale also not long after was taken prisoner in a little Village by Widmerpool a Parliament-Captain This was the success of Hamilton's invading England Presently after this famous victory of Cromwel Colchester was surrendred to General Fairfax three months almost had the General lien before that Town with a small Army in respect of the number of the besieged in a lamentable rainy season where the Souldiers patience no less then their valour was tried Goring Capel Hastings Lucas and the other Commanders until they were reduced to extream necessity would not hear of yielding but despised all conditions their courages were long upheld by vain hopes besides the smalness of the General 's Army of aid by insurrections at London and of the success of Hamilton Langdale or the E. of Holland and more especially of succor by Sea from Prince Charls who was now possessed of those Ships which had revolted from the Parliament and having taken divers Merchants Ships besides was himself in person with no contemptible Fleet come into the narrow Seas But about the end of August the besieged in Colchester despairing of any relief and reduc'd to extremities for they had long fed upon Horse-flesh yielded themselves to the mercy of the Conqueror Two onely suffered Sir Ch. Lucas and Sir George Lisle who were shot to death Goring Capel and Hastings were sent to prison to abide the doom of Parliament Thus was the Parliament everywhere victorious by Land nor were they unhappy by Sea For considering that revolt of the Navy it was to be accounted a great felicity that no more revolted after them or no farther mischief ensued But the Earl of Warwick was very careful and it pleased God by this fright rather then loss to let the Parliament know the frailty of their own condition About the end of August Warwick with a good Fleet was in the River Thames when Prince Charls with a greater force about twenty sail was come upon the River against him and sent a command to Warwick to take down his Flag and yield obedience to him as supream Admiral having the King's Commission to that purpose But Warwick true to the Parliament obeyed not the Summons nor was there any convenient place in that narrow Channel especially for the larger Vessels to make a naval fight and Warwick's Fleet not strong enough to encounter the Prince stayed for the coming of their friends the Porchmouth-Fleet The government and bringing