County as properly belonging to them The Parliament that they might leave no means unattempted to perswade the King to return to them sent down Propositions directing their Commissioners at York to deliver them to him And because much of the Intentions of the Parliament appear in the said Proposals and for that they were in effect the principal Foundation of the ensuing War I conceive it will not be amiss to recite them in this place as they were agreed on by both Houses the Second of June 1642. with the Title of their Humble Petition and Advice in Nineteen Propositions sent to the King The most Humble and most Faithful Subjects of Your Majesty the Lords and Commons assembled in Parliament HAving nothing in their Thoughts and Desires more precious and of higher Esteem after the Honour and immediate Service of God than the just and faithful discharge of their Duty towards Your Majesty and this Kingdom and being most sensible of the Destruction and Disorders and of the imminent Dangers and Miseries which threaten your Majesty and Subjects the which have proceeded from the subtle Informations malicious Practices and wicked Counsels of Persons ill-affected to the true Religion of God to the Peace and Honour of your Majesty and to the Good of the Commonwealth after a serious Consideration of the Causes of these Mischiefs in all Humility and Sincerity they present to Your Majesty this Petition and Advice full of Duty to the end that by Your Royal Prudence for the Establishment of your Honour and Safety and by a tender Sense of the Good and Safety of your Subjects and your Estates you may please to consent and agree unto these humble Desires and Propositions as the most necessary and most effectual means by the Blessing of the Lord to remove the Jealousies and Differences that are unhappily begot between You and your People and to procure to You and them a constant Current of Honour Peace and Happiness Proposition 1. That the Lords and all others of your Majesty's Privy Council and such other Chief Officers of State as well within the Kingdom as on the other side of the Sea be put out of all Offices and Employments except such as the two Houses of Parliament shall approve and that those who shall be put into their Places shall be approved by Parliament and that those of the Council shall take an Oath for the due execution of their Charge in such Form as the Parliament shall agree 2. That the great Affairs of the Kingdom shall not be concluded nor passed by the Advice of private Persons nor by any Counsellors unknown or that shall not have taken Oath but that such Matters as concern the Publick and are proper for the High Court of Parliament that is your Majesty's Great and Supreme Council shall be debated resolved and passed in Parliament and there only and those who shall persume to do any thing to the contrary shall be subject to the Censure and Judgment of the Parliament And other Matters of State that are proper for the Privy Council of your Majesty shall be debated and concluded by the Nobles and others who shall be chosen for that end from time to time by the two Houses of Parliament and that every publick Act that concerns the Affairs of the Kingdom and shall be agreed by the Council shall be esteemed of no force and as not proceeding from the Royal Authority if at least the greatest part of your Council have not consented thereunto and signed the same and that your Council shall be brought to a certain Number that shall not exceed twenty five nor be under fifteen and if it happen that any Counsellor's Place becomes void during the Intervals of Parliament it shall be supplied by the Plurality of Voices of those of your Council which shall be either confirmed or voided at the first Sessions of Parliament 3. That the Lord High Steward of England the Great Constable the Chancellor the Keepers of the Seals the Great Treasurer the Keeper of the Privy Seal the Earl Marshal the Admiral the Governour of the Cinque-Ports the Lieutenant of Ireland the Chancellor of the Exchequer the Master of the Court of Wards the Secretaries of State the two Chief Justices and the Chief Baron shall be chosen with the Approbation of the two Houses of Parliament and in the Intervals of Parliament by the major part of the Privy Council with the Condition above mentioned in the Choice of the Counsellors of State 4. That the Governour of the Children of the King shall be chosen with the Approbation of Parliament and in the Intervals of Parliament in the manner before-mentioned and of the Servants that are already about them the Parliament shall change such as they think fit 5. That the Children of the King shall not marry without the Advice of the Parliament and those who shall be employed therein without their knowledg shall be punished by the Parliament 6. That the Laws against Popish Recusants shall be put in effectual execution and that those of them who are Prisoners shall not be set at liberty without giving good Security 7. That Papists shall have no Vote in Councils and that their Children shall be brought up in the Protestant Religion 8. That the Parliament shall reform the Liturgy and the Government of the Church as they shall think fit with the Advice of Divines That your Majesty shall assist to put a stop to Innovations to expel suspicious and scandalous Ministers and for the countenancing of a godly and preaching Ministry throughout the Nation 9. That it will please your Majesty to content your self with the Order that the Parliament hath established in the Militia until an Act be agreed on for that purpose and that your Majesty will recal the Declarations and Proclamations against the Orders given therein by the Parliament 10. That every Member of Parliament that hath been put out of his Employment or Office shall be re-established or Satisfaction given him 11. That the Privy Counsellors and Judges shall take such Oath as shall be agreed on by Parliament for the doing of Justice and observing the Statutes that shall be agreed on by this Parliament and that Report be made every Session of Parliament of the evil Administration of Justice 12. That all Officers shall enjoy their Places so long and no longer than they behave themselves well therein 13. That all Persons shall be subject to the Justice of the Parliament even altho they remove themselves beyond the Seas 14. That the Amnesty accorded by your Majesty shall have such Exceptions therein as the Parliament shall think fit 15. That the Fortresses of the Kingdom shall have Governours of the Choice of your Majesty yet of the Approbation of the Parliament and in the Intervals of Parliament as is afore said 16. That the extraordinary Guard that your Majesty hath at present about you may be discharged and that for the time to come you will raise no such
unwarrantable Courses but he made his Escape by Water for that time and one of the most active of the People was seized and executed which served only to exasperate the rest Upon the near Approach of the English and Scots Army a considerable Party of each side encountred and the English contrary to their wonted Custom retired in Disorder not without Shame and some Loss Of such Force and Consequence is a Belief and full Perswasion of the Justice of an Undertaking tho managed by an Enemy in other respects inconsiderable The King startled at the Unsuccessfulness of his first Attempt upon the Petition of a considerable number of the well-affected Nobility requesting him that to avoid the Effusion of more Blood he would call an Assembly of the Nobility consented thereunto This Council accordingly met at York and advised the King to a Cessation of Arms and the Calling of a Parliament to compose Differences which to the great trouble of the Clergy and other Incendiaries he promised to do assuring the Scots of the Paiment of twenty thousand Pounds a Month to maintain their Army till the Pleasure of the Parliament should be known In order to which Writs were issued out for the Meeting of a Parliament on the 3 d of November 1640. The time prefix'd for their assembling being come they met accordingly and as they were very sensible that nothing but an absolute Necessity permitted their coming together so they resolved to improve this happy Opportunity to free the People from their Burdens and to punish the Authors of the late Disorders To this end they declared against Monopolies and expelled the Authors of them out of the House The Opinions of the Judges concerning Ship-Money they voted unjust and illegal fining and imprisoning those that had warranted the Lawfulness thereof And that the Offenders against the Publick might not escape they ordered the Sea-Ports to be diligently guarded and all Passengers to be strictly examined This being done they impeached the Lord Keeper Finch the Earl of Strafford and the Arch-bishop of Canterbury of High Treason in endeavouring to subvert the Laws and to erect an Arbitrary and Tyrannical Power They declared that they would pay the English and Scots Armies to the end of May 1641. and assist the Prince Palatine with Men and Money to recover his Country And now having the Charge of two Armies to pay and all Men suspecting they might be abruptly dissolved as had often hapned before and therefore refusing to credit them with such Sums as were necessary unless an Act might pass to secure their sitting till they should think fit to dissolve themselves by Act of Parliament the King gave his Assent to one drawn up and passed to that purpose Another Act likewise passed to assert that according to the antient Fundamental Laws of England a Parliament ought to be held every Year and directing that in case one was not called in three Years the Lord Chancellor or Keeper of the Great Seal should issue out Writs as is therein expressed and if he fail in his Duty he is declared guilty of High Treason and a certain number of Lords impowered to summon the said Parliament and is they should neglect so to do the Sheriffs and Constables are vested with the same Authority But if it should happen that all the forementioned Powers should be wanting in their Duty the People of England are thereby authorized to put the said Act in execution by meeting and electing Members to serve in Parliament tho not summoned by any Officers appointed to that end The Parliament then proceeded to correct the Abuses that had been introduced in the preceding Years Whereupon the Star-Chamber the High Commission Court the Court of Honour with some others were taken away by Act of Parliament and the Power of the Council-Table restrained The Commissioners of the Custom-House who had collected Customs contrary to Law were fined and such as had been imprisoned by any of the above-mentioned Arbitrary Courts were set at liberty A Protestation was also agreed upon by the Lords and Commons which they took and presented to others to take whereby all those that took it obliged themselves to defend and maintain the Power and Privileges of Parliament the Rights and Liberties of the People to use their utmost Endeavours to bring to condign Punishment all those who should by Force or otherwise do any thing to the contrary and to stand by and justify all such as should do any thing in prosecution of the said Protestation The Day prefix'd for the Earl of Strafford's Trial being come he was brought before the House of Peers where the Charge against him was managed by Members of the House of Commons appointed to that end The chief Heads of the Accusation were That he had governed the Kingdom of Ireland in an Arbitrary manner That he had retained the Revenues of the Crown without rendring a due Account of them That he had encouraged and promoted the Romish Religion That he had endeavoured to create Feuds and Quarrels between England and Scotland That he had laboured to render the Parliament suspected and odious to the King That he was the Author of that Advice That since the Parliament had denied to grant the King such Supplies as he demanded he was at liberty to raise them by such Means as he thought fit and that he had an Irish Army that would assist him to that end It being the Custom that a Lord High Steward should be made to preside at the Trial of a Peer that Honour was conferred upon the Earl of Arundel The King the Queen the House of Commons the Deputies of Scotland and Ireland with many other Persons of Quality of both Sexes were there present I remember the Earl of Strafford in his Defence objected against the Evidence of the Earl of Cork denying him to be a competent Witness because his Enemy To which George Lord Digby who was appointed one of the Managers of the Charge against him replied That if that Objection should be of any weight with the Court the Earl of Strafford had found out a certain way to secure himself from any sarther Prosecution Yet this Man who then spoke with so much Vigour soon after altered his Language and made a Speech to the House in his favour which he caused to be printed and also surreptitiously withdrew a Paper from the Committee containing the principal Evidence against the said Earl The Parliament resenting this Prevarication ordered his Speech to be burnt by the Hands of the Common Hangman The House of Commons having passed a Bill for the Condemnation of the Earl it was carried to the Lords for their Concurrence which they gave The King not satisfied therewith consulted with the Privy Council some Judges and four Bishops And all of them except one advise the throwing of Jonas over-board for the appeasing of the Storm Upon which the Earl of Arundel the Lord Privy Seal and two more were commissionated by
about threescore of the Commissioners set their Hands and Seals directing it to Col. Hacker Col. Hunks and Col. Phaier or either of them The Duke of Glocester and the Lady Elizabeth waited on the King the same day to take their leave of him An Extraordinary Ambassador from the United Provinces had his Audience in the Parliament his business was to intercede with them for the Life of the King and to preserve a fair Correspondence between England and the States The next day about eight in the Morning the King attended by a Guard was brought from St. James's through the Park to Whitehall where having drunk a Glass or two of red Wine and stayed about two hours in a private Room he was conducted to the Scaffold out of a Window of the Banqueting-house and having made a Speech and taken off his George he kneeled down at the Block and the Executioner persormed his Office The Body was ordered to be interred at Windsor The Duke of Lenox the Marquiss of Hertford the Earls of Southampton and Lindsey with some others having Leave from the Parliament attended it to the Grave A Report of the Proceedings of the High Court of Justice being made to the Parliament they declared That the Persons imployed in that important Service had discharged their Trust with Courage and Fidelity that the Parliament was well satisfied with the Account of their Proceedings ordering them to be engrossed and recorded amongst the Parliament-Rolls in order to transmit the Memory thereof to Posterity and resolved that the Commissioners of the Great Seal should issue a Certiorari to their Clerk to record those Proceedings in the Chancery and that the same should be sent to the other Courts at Westminster and to the Custos Rotulorum of each County Judg Jenkins Sir John Stowel and divers other Persons who were Prisoners and had carried themselves very insolently now finding the Parliament to be in earnest began to come to a better Temper Colonel Middleton who was also a Prisoner at Newcastle upon Parole ran away to Scotland and being required to return answered That his Life was dearer to him than his Honour Sir Marmaduke Langdale made his escape also and Sir Lewis Dives through a House of Office in Whitehall The Lord Capel got out of the Tower but being discovered by a Waterman as he crossed the Thames he was seized in a House at Lambeth Duke Hamilton also escaped out of Windsor-Castle and came to Southwark where knocking at the Door of an Inn he was seized by a Souldier who knew him and was passing by that way whereupon he was committed to the Tower The House of Lords becoming now the Subject of the Consideration and Debate of the Parliament Lieutenant General Cromwell appeared for them having already had a close Correspondence with many of them and it may be presuming he might have farther use of them in those Designs he had resolved to carry on but they not meeting in their House at the time to which they had adjourned much facilitated their Removal so that the Question being put Whether the House of Commons should take Advice of the House of Lords in the Exercise of the Legislative Power it was carried in the Negative and thereupon resolved That the House of Peers was useless and dangerous and ought to be abolished and an Act was soon after passed to that effect After this they proceeded to declare That the Office of a King in this Nation is unnecessary burdensome and dangerous to the Liberty Safety and publick Interest of the People and therefore ought to be abolioshed and that they will settle the Government of the Nation in the way of a Commonwealth To this end they ordered a Declaration to be published whereby it was declared Treason for any Person to endeavour to promote Charles Stuart to be King of England or any other single Person to be chief Governour thereof They also ordered the Great Seal and other Seals which had the Image of the late King on them to be defaced and appointed new ones to be made with the Stamp of the House of Commons on one side accompanied with this Inscription The Great Seal of the Parliament of the Commonwealth of England On the other side was engraven the Cross and the Harp being the Arms of England and Ireland with this Inscription God with us Ordering all Writs formerly running in the King's Name to be issued out in the Name of the Keepers of the Liberty of England A High Court of Justice was constituted by Act of Parliament for the trying of Duke Hamilton the Earl of Holland the Lord Goring the Lord Capel and Sir John Owen Duke Hamilton pleaded that he entred into England as an Enemy being of another Nation and born before the Act of Union and consequently not to be tried by the Laws of this besides he had surrendred himself upon Conditions The rest of the Lords pleaded Articles also and so did Sir John Owen But that Allegation appeared to be of no weight by the Testimony of the General in relation to the Lords Goring and Capel and by the Evidence of Col. Wayte touching Duke Hamilton the like being affirmed by other Witnesses against the Earl of Holland and Sir John Owen for if there had been any Promise made to any of them either implicitely or by word of Mouth it could only extend to protect them from the Military not the Civil Sword And as to the Plea for Duke Hamilton that he was born before the two Nations were united it was answered that they tried him not as Duke Hamilton but as Earl of Cambridg in which Capacity he had sate as a Peer of England and therefore a Subject thereof So that upon full Evidence they were all sentenced by the Court to have their Heads struck off for High Treason in levying War against the Parliament of England Earnest Solicitations and Petitions were made for them to the Parliament but they thought not fit to reprieve the Duke the Earl of Holland or the Lord Capel Touching the Lord Goring the House was equally divided and the Speaker having upon such Occasions the determining Voice gave it for his Reprieve Commissary General Ireton observing no Motion consider that he was a Commoner and therefore more properly to have been tried in another way by a Jury whereupon the House reprieved him also The other three were executed a day or two after in the New Palace-Yard before Westminster-Hall in pursuance of a Warrant signed by the Court to that purpose the Parliament refusing to hearken to the Earl of Denbigh who proposed on the behalf of Duke Hamilton his Brother-in-law to give them a Blank signed by the said Duke to answer faithfully to such Questions as should be there inserted The Parliament having resolved to constitute a Council of State the better to carry on the executive part of the Government authorized five of their Members to agree upon the Number and Persons of such as they
with the Clearness of my Proceeding and no less of my Abilities to discharge the Trust reposed in me and to perform the Duties of my Employments of which he was pleased to say I had given sufficient Demonstration as well as of a constant and hearty Affection to the Publick Interest In conclusion the Debate concerning the Lord Broghill was brought to this Question Whether he should be wholly laid aside or whether something should be done in order to content him for the present by conferring upon him some Office of Profit and the Title of a General Officer The latter was agreed upon and he declared Lieutenant General of the Ordinance in Ireland The Commissioners having settled Affairs as well as they could and finding the Deputy to be employed in making all necessary Preparations for the ensuing Service took that Opportunity to go to regulate Affairs at Dublin where after they had dispatched the Publick Business in which they spent about a Week and provided Houses to receive their Families when they should arrive from England they returned to Kilkenny The Enemy who had a Party of Horse in those Parts had designed to surprize them in their way to Dublin and again in their Return to us but finding them attended by a strong Guard they durst not venture to attempt it The Enemies Forces being retreated into Connaught which Province was covered by the Shannon and keeping strong Guards upon the Bridges and Fords of that River the Reduction of Limerick could not well be expected till we had blocked them up on both sides In order to which it was resolved that Sir Charles Coote who had with him between four and five thousand Horse and Foot should march into Connaught by the way of Ballyshannon a Passage on the side of Ulster not far distant from the Sea and Commissary General Reynolds was sent with his Regiment of Horse to his Assistance Col. Axtell and some others about this time going for England were taken by a Pirate belonging to Scilly whither they were all carried Prisoners The Irish who were many in the Island against whom Col. Axtell had been very active and who had heard of the Charge lately exhibited against him pressed hard for the taking away his Life But upon consideration of the Preparations making by the Parliament to send a Fleet with Souldiers to reduce that Island it was not thought convenient to attempt any thing against him tho they had a strong Inclination to it for fear of an exemplary Retaliation In the mean time the Parliament sent a Fleet with some Land-Forces to reduce the Isle of Jersey with the Castle which was kept by Sir Philip Carteret for Prince Charles Col. Haines who commanded them met with some Opposition at his landing but having brought his Men ashore the Island generally submitted to the Parliament The Castle having made some Resistance was soon after surrendred also The Affairs of the Commonwealth being thus successful and their Authority acknowledged by the Applications of Agents and Ambassadors from Foreign Nations to them it was resolved to send some Ministers abroad to entertain a good Correspondence with our Neighbours and to preserve the Interests of the Subjects of this Nation in those Parts To that effect the Lord Chief Justice St. Johns was dispatched with the Character of Ambassador Extraordinary to the States of the United Netherlands with whom Mr. Walter Strickland our Resident there was joined in Commission and to prevent such another Attempt as had been made upon our former Agent forty Gentlemen were appointed to attend him for his Security and Honour ten thousand Pounds being delivered to the Lord Ambassador's Steward for the Expence of the Embassy Yet this great Equipage was not sufficient to prevent a publick Affront which was offered him by Prince Edward one of the Palatine Family as he was passing the Streets But the Prince immediately retiring to some Place out of the Jurisdiction of the States secured himself from any Prosecution tho they pretended upon the Complaint of our Ambassadors that they were ready to do them what Right they could The Negotiation of our Ministers which was designed to procure a nearer Conjunction and Coalition between the two States proved also ineffectual the Province of Holland being not so much inclined to consent to it as was expected and Frizeland with most of the rest of the Provinces entirely against it presuming that such a Conjunction as was demanded would be no less than rendring those Countries a Province to England So that our Ambassadors having used all possible means to succeed in their Business and finding the Dutch unwilling to conclude with us whilst the King had an Army in the Field returned to England without effecting any thing but the Expence of a great Sum of Money This Disappointment sat so heavy upon the haughty Spirit of the Lord Chief Justice St. Johns that he reported these Transactions with the highest Aggravations against the States and thereby was a principal Instrument to prevail with the Council of State to move the Parliament to pass an Act prohibiting foreign Ships from bringing any Merchandizes into England except such as should be of the Growth or Manufacture of that Country to which the said Ships did belong This Law tho just in it self and very advantageous to the English Nation was so highly resented by the Dutch who had for a long time driven the Trade of Europe by the great Number of their Ships that it soon proved to be the Ball of Contention between the two Nations During these Transactions the Deputy of Ireland labouring with all diligence to carry on the Publick Service ordered the Army to rendezvouz at Cashil from whence he marched by the way of Nenagh to that part of the River Shannon which lies over against Killalo where the Earl of Castle-haven lay with about two thousand Horse and Foot disposed along the side of the River and defended by Breast-works cast up for their Security resolving to endeavour to obstruct our Passage into Connaught The Deputy as if he had intended to divert the Course of the River set the Souldiers and Pioneers at work to take the Ground lower on our side that the Water venting it self into the Passage the River might become fordable which so alarmed the Enemy that they drew out most of their Men to oppose us Whilst they were thus amused the Deputy taking me with him and a Guard of Horse marched privately by the side of the Shannon in order to find a convenient place to pass that River The ways were almost impassable by reason of the Bogs tho Col. Reeves and others who commanded in those Parts had repaired them with Hurdles as well as they could Being advanced about half way from Killalo to Castle-Conel we found a place that answered our Desires where a Bridg had formerly been with an old Castle still standing at the foot of it on the other side of the River We took only a short