lawful Government while the Almighty secured the Glory of the King even in His Sufferings provided for the Support and Honour of the Royal Family in its lowest Estate and miraculously preserved the Chief of it from innumerable dangers and made us to see afterwards in the Series of his Providences that he had not withdrawn his loving-kindness from the House of King CHARLES by restoring it to its primitive Grandeur And this he was pleased to signifie to the King by a Passage that appeared little less than a Miracle For while He was at Oxford and the Earl of Southampton now Lord high-High-Treasurer of England a Person of unquestionable Honour and Veracity of an eminent Integrity above the Flattery of Princes who doth attest this Occurrence as Gentleman of the Bed-chamber lay one Night in the same Chamber with Him the Wax Mortar which according to Custom the King always had in His Chamber was in the night as they both conceived and took notice of fully extinguished But my Lord rising in the Morning found it lighted and said to the KING Sir this Mortar now burns very clearly at which they both exceedingly wondred as fully concluding it had been out in the Night and they could not imagine how any of the Grooms or any other could possibly light it the Door being locked with a Spring within This busying the wonder of both for the present the King afterwards when He saw the Malice of His Enemies press hard upon His Life and Ruine reflecting upon this Occurrence drew it into this Presage That though God would permit His Light to be extinguished for a time yet He would at last light it again which was verified in the Event for though God suffered the Faction to spill His blood yet after many years of Troubles and when he had permitted those Monsters to bring us to the brinks of destruction he restored His Son to the Crown in as much Splendour and Greatness as any of His Predecessors As His Abilities for the Publick administration of Government were all apt to raise Admiration so His Recreations and Privacies gave a Delight to such as communicated in the sight of them and there needed no more to beget an Honour of Him than to behold Him in His Diversions which were all serious and there was no part of His time which either wanted benefit or deserved not Commendation In His younger days His pleasures were in Riding and sometimes in breaking the great Horse and He did it so gracefully that He deserved that Statue of Brass which did represent Him on Horse-back Besides this He delighted in Hunting an active and stirring Exercise to accustom Him to toils and harden that body whose mind abhorred the softness of Luxury and Ease which Vicious Princes think a part of Power and the Rewards of Publick Cares but He used this as the way whereby the Antient Heroes were habituated to Labours and by contending with some beasts in Strength and others in Swiftness first to rout then to chase their flying Enemies When the season of the year did not permit this sport then Tennis Gough Bowls were the ways of His Diversions and in all these He was wonderfully active and excellent His softer pleasures were Books and of His time spent in these there were many Monuments In His Library at St James's there was kept a Collection of His of the excellent Sayings of Authors written with His own hand and in his Youth presented to His Father King JAMES and there is yet extant in the hands of a Worthy Person His Extracts written with His own hand out of My Lord of Canterbury's Book against Fisber of all the Arguments against the Papists digested into so excellent a Method that He gave Light and Strength to them even while He did epitomise them into a sheet or two of Paper The same Care and Pains He had bestowed in reading the most Judicious Hooker and the learned Works of Bishop Andrews out of all which He had gathered whatsoever was excellent in them and fitted them for His ready use When He was tired with Reading then He applied Himself to Discourse wherein He both benefited Himself and others and He was good at the relation of a Story or telling of an Occurrence When these were tedious by continuance He would either play at Chess or please Himself with His Pictures of which He had many choice Pieces of the best Masters as Titian Rafael Tintoret and others with which He had adorned His most frequented Palaces as also with most antique Pieces of Sculpture so that to those that had travelled it seemed that Italy was translated to His Court. As His Spirit was thus accomplished so His Body had its Elegancies His Stature was of a just height rather decent than tall His Body erect and not enclining to a Corpulency nor meager till His Afflictions wrought too strongly upon it to a Leanness His Limbs exactly proportioned His Face full of Majesty and His Brow large and fair His Eyes so quick and piercing that they went farther than the Superficies of men and searched their more Inward parts for at the first sight He would pass a judgment upon the frame of a man's Spirit and Faculties and He was not often mistaken having a strange happiness in Physiognomy and by reason of this He would remember any one He had seen but once many years after His Complexion was enclining to a Paleness His Hair a brown which He wore of a moderate length ending in gentle and easie curles upon His left side He indulged one Lock to a greater length in the youthful part of His Life His Beard He wore picked but after the Faction had passed those Votes of No Addresses He permitted it to grow neglectedly and to cover more of His face His Gestures had nothing of affectation but full of Majestick gravity His motions were speedy and His gate fast which shewed the Alacrity and Vigour of His Mind for His Affections were temperate He was of a most healthful Constitution and after the infirmities of His Childhood was never sick Once He had the small Pox but the Malignity of it was so small that it altered not His Stomach nor put Him to the abstinence of one Meal neither did it detain Him above a fortnight under the Care of His Physicians He was Father of four Sons and five Daughters 1. Charles James born at Greenwich on Wednesday May 13th 1628. but died almost as soon as born having been first christned 2. Charles Duke of Cornwall and Prince of Wales born at St. James's May 29th 1630. whom after a fellowship in the Sufferings of His Father some brave but unsuccessful attempts to recover the Rights of His Inheritance and twelve years various fortune abroad God was pleased by a wonderful Providence without blood or ruine to conduct to His Native Throne and make Him the Restorer of Peace to a People wearied and wasted almost to a Desolation by several
of such late Members of either House of Parliament as sate in the unlawful Assembly at Oxford and shall not have rendred themselves before the first of December 1645. shall be taken and employed for the payment of the publick Debts and Damages of the Kingdom 3. Branch That one full moiety of the Estates of such Persons late Members of either of the Houses of Parliament who have deserted the Parliament and adhered to the Enemies thereof and shall not have rendred themselves before the first of Decemb. 1645. shall be taken and employed for the payment of the publick Debts and Damages of the Kingdom 10. Qualification That a full third part on the value of the Estates of all Judges and Officers towards the Law Common or Civil and of all Serjeants Councellors and Attorneys Doctors Advocates and Proctors of the Law Common or Civil and of all Bishops Clergy-men Masters and Fellows of any Colledge or Hall in either of the Universities or elsewhere and of all Masters of Schools or Hospitals and of Ecclesiastical Persons who have deserted the Parliament and adhered to the Enemies thereof and have not rendred themselves before the first of December 1645. shall be taken and employed for the payment of the publick Debts and Damages of the Kingdom That a full sixth part on the full value of the Estates of the Persons excepted in the sixth Qualification concerning such as have been actually in Arms against the Parliament or have counselled or voluntarily assisted the Enemies thereof and are disabled according to the said Qualification to be taken and employed for the payment of the publick Debts and Damages of the Kingdom 11. Qualification That the Persons and Estates of all common Souldiers and others of the Kingdom of England who in Lands or Goods be not worth two hundred pounds Sterling and the Persons and Estates of all common Souldiers and others of the Kingdom of Scotland who in Lands or Goods be not worth one hundred pounds Sterling be at liberty and discharged 1. Branch This Proposition to stand as to the English and as to the Scots likewise if the Parliament of Scotland or their Commissioners shall so think fit 2. Branch That the first of May last is now the day limited for the persons to come in that are comprised within the former Qualification That an Act be passed whereby the Debts of the Kingdom and the Persons of Delinquents and the value of their Estates may be known and which Act shall appoint in what manner the Confiscations and Proportions before mentioned may be levied and applied to the discharge of the said Engagements The like for the Kingdom of Scotland if the Estates of Parliament or such as shall have power from them shall think fit XVII That an Act of Parliament be passed to declare and make void the Cessation of Ireland and all Treaties and Conclusions of Peace or any Articles thereupon with the Rebels without Consent of both Houses of Parliament and to settle the Prosecution of the War of Ireland in both Houses of the Parliament of England to be managed by them and the King to assist and to do no Act to discountenance or molest them therein That Reformation of Religion according to the Covenant be setled in the Kingdom of Ireland by Act of Parliament in such manner as both Houses of the Parliament of England have agreed or shall agree upon after Consultation had with the Assembly of Divines here That the Deputy or chief Governour or other Governours of Ireland and the Presidents of the several Provinces of that Kingdom be nominated by both the Houses of the Parliament of England or in the Intervals of Parliament by such Committees of both Houses of Parliament as both Houses of the Parliament of England shall nominate and appoint for that purpose and that the Chancellour or Lord Keeper Lord Treasurer Commissioners of the great Seal or Treasury Lord Warden of the Cinque-ports Chancellour of the Exchequer and Dutchy Secretaries of State Master of the Rolls Judges of both Benches and Barons of the Exchequer of the Kingdoms of England and Ireland and the vice-Vice-Treasurer and Treasurers at Wars of the Kingdom of Ireland be nominated by both Houses of the Parliament of England to continue quam diu se bene gesserint and in the Intervals of Parliament by the fore-mentioned Committees to be approved or disallowed by both Houses at their next sitting The like for the Kingdom of Scotland concerning the nomination of the Lords of the Privy Council Lords of Session and Exchequer Officers of State and Justice General in such manner as the Estates of the Parliament there shall think fit XVIII That the Militia of the City of London and Liberties thereof may be in the ordering and government of the Lord Maior Aldermen and Commons in Common Council assembled or such as they shall from time to time appoint whereof the Lord Maior and Sheriffs for the time being to be three to be imployed and directed from time to time in such manner as shall be agreed on and appointed by both Houses of Parliament That no Citizen of the City of London nor any of the Forces of the said City shall be drawn forth or cempelled to go out of the said City or Liberties thereof for Military service without their own free Consent That an Act be passed for the granting and confirming of the Charters Customs Liberties and Franchises of the City of London notwithstanding any Non-user Misuser or Abuser That the Tower of London may be in the Government of the City of London and the chief Officer and Governour thereof from time to time be nominated and removeable by the Common-Council And for prevention of inconveniences which may happen by the long intermission of Common-Councils it is desired that there may be an Act that all by-Laws and Ordinances already made or hereafter to be made by the Lord Maior Aldermen and Commons in Common-Council assembled touching the calling continuing directing and regulating the same Common-Councils shall be as effectual in Law to all Intents and Purposes as if the same were particularly Enacted by the Authority of Parliament and that the Lord Maior Aldermen and Commons in Common-Council may add to or repeal the said Ordinances from time to time as they shall see cause That such other Propositions as shall be made for the City for their further Safety Welfare and Government and shall be approved of by both Houses of Parliament may be granted and confirmed by Act of Parliament XIX That all Grants Commissions Presentations Writs Process Proceedings and other things passed under the Great Seal of England in the custody of the Lords and other Commissioners appointed by both Houses of Parliament for the custody thereof be and by Act of Parliament with the Royal Assent shall be declared and Enacted to be of like full force and effect to all intents and purposes as the same or like Grants Commissions Presentations Writs Process Proceedings and
upon Tweed already raised both for Sea and Land service and shall from time to time during the space of ten years raise levy arm train and discipline or cause to be raised levied armed trained and disciplined any other Forces for Land and Sea service in the Kingdoms Dominions and places aforesaid as in their judgments they shall from time to time during the said spaceof ten years think fit to appoint and that neither the King His Heirs or Successors or any other but such as shall Act by the Authority or approbation of the said Lords and Commons shall during the said space of ten years exercise any of the powers aforesaid That Monies be raised and levied for the maintenance and use of the said Forces for Land-service and of the Navy and Forces for Sea-service in such sort and by such ways and means as the said Lords and Commons shall from time to time during the said space of ten years think fit and appoint and not otherwise That all the said Forces both for Land and Sea-service so raised or levied or to be raised or levied and also the Admiralty and Navy shall from time to time during the said space of ten years be imployed managed ordered and disposed by the Lords and Commons in such sort and by such ways and means as they shall think fit and appoint and not otherwise And the said Lords and Commons or such as they shall appoint during the said space of ten years shall have power 1. To suppress all Forces raised or to be raised without authority and consent of the said Lords and Commons to the disturbance of the publick Peace of the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernesey and Jersey and the Town of Barwick upon Tweed or any of them 2. To suppress any foreign Forces who shall invade or indeavour to invade the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernesey and Jersey and the Town of Barwick upon Tweed or any of them And after the expiration of the said ten years neither the King His Heirs or Successors or any person or persons by colour or pretence of any Commission power deputation or authority to be derived from the King His Heirs or Successors or any of them shall without the consent of the said Lords and Commons raise arm train discipline imploy order manage disband or dispose any the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernesey and Jersey and the Town of Barwick upon Tweed nor exercise any of the said powers or authorities herein before-mentioned and expressed to be during the space of ten years in the said Lords and Commons nor do any act or any thing concerning the execution of the said powers or authorities or any of them without the consent of the said Lords and Commons first had and obtained And with the same Provisoes for saving the ordinary legal power of Officers of Justice not being Military Officers as is set down in your Propositions and with a Declaration That if any persons shall be gathered and assembled together in a warlike manner or otherwise to the number of thirty persons and shall not forthwith disperse themselves being required thereto by the said Lords and Commons or command from them or any by them especially authorized for that purpose then such person or persons not so dispersing themselves shall be guilty and incur the pains of high Treason being first declared guilty of such offence by the said Lords and Commons any Commission under the Great Seal or other Warrant to the contrary notwithstanding and he or they that shall so offend herein to be uncapable of any pardon from His Majesty His Heirs or Successors And likewise that it be provided that the City of London shall have and enjoy all their Rights Liberties c. in raising and imploying the Forces of that City in such sort as is mentioned in the said Proposition With these Provisoes following to be inserted in the said Act. First That none be compelled to serve in the War against their Wills but in case of coming in of strange Enemies into this Kingdom And that the powers above-mentioned as concerning the Land-Forces other than for keeping up and maintenance of Forts and Garrisons and the keeping up maintaining and pay of this present Army so long as it shall be thought fit by both Houses of Parliament be exercised to no other purposes than for the suppressing of Forces raised or to be raised without authority and consent of the said Lords and Commons as aforesaid or for suppressing of any Foreign Forces which shall invade or endeavour to invade the Kingdoms Dominions or places aforesaid And that the Monies be raised by general and equal Taxations saving that Tunnage and Poundage and such Imposts as have been applyed to the Navy be raised as hath been usual And that all Patents Commissions and other Acts concerning the premisses be made and acted in His Majesties name by Warrant signified by the Lords and Commons or such others as they shall authorize for that purpose If it shall be more satisfactory to His two Houses to have the Militia and powers thereupon depending during the whole time of His Majesty's Reign rather than for the space of ten years His Majesty gives them the election Touching Ireland His Majesty having in the two preceding Propositions given His consent concerning the Church and the Militia there in all things as in England as to all other matters relating to that Kingdom after advice with His two Houses He will leave it to their determination and give His consent accordingly as is herein hereafter expressed Touching publick Debts His Majesty will give His consent to such an Act for raising of Monies by general and equal Taxations for the payment and satisfying the Arrears of the Army publick Debts and engagements of the Kingdom as shall be agreed on by both Houses of Parliament and shall be audited and ascertained by them or such persons as they shall appoint within the space of twelve Months after the passing of an Act for the same His Majesty will consent to an Act that during the said space of ten years the Lord Chancellour or Lord Keeper Commissioners of the Great Seal or Treasury Lord Warden of the Cinque-ports Chancellour of the Exchequer and Dutchy Secretaries of State Master of the Rolls Judges of both Benches and Barons of the Exchequer of England be nominated by both Houses of the Parliament of England to continue quam diu se bene gesserint and in the intervals of Parliament by such others as they shall authorize for that purpose His Majesty will consent that the Militia of the City of London and Liberties thereof during the space of ten years may be in the ordering and Government of the Lord Mayor Aldermen and Commons in the Common Council assembled or such as they shall from time to
concerned But the Duty I owe to God in the preservation of the true Liberty of My People will not suffer Me at this time to be silent For how can any free-born Subject of England call Life or any thing he possesseth his own if Power without Right daily make new and abrogate the old Fundamental Law of the Land which I now take to be the present Case Wherefore when I came hither I expected that you would have endeavoured to have satisfied Me concerning these grounds which hinder Me to answer to your pretended Impeachment But since I see that nothing I can say will move you to it though Negatives are not so naturally proved as Affirmatives yet I will shew you the Reason why I am confident you cannot Judge Me nor indeed the meanest man in England For I will not like you without shewing a Reason seek to impose a belief upon My Subjects There is no proceeding just against any man but what is warranted either by God's Laws or the Municipal Laws of the Countrey where he lives Now I am most confident this dayes proceeding cannot be warranted by God's Law for on the contrary the authority of Obedience unto Kings is clearly warranted and strictly commanded both in the Old and new Testament which if denyed I am ready instantly to prove And for the question now in hand there it is said That where the Word of a King is there is Power and who may say unto him What dost thou Eccl. 8. 4. Then for the Law of this Land I am no less confident that no learned Lawyer will affirm that an Impeachment can lye against the King they all going in His Name and one of their Maxims is That the King can do no wrong Besides the Law upon which you ground your proceedings must either be old or new if old shew it if new tell what Authority warranted by the Fundamental Laws of the Land hath made it and when But how the House of Commons can erect a Court of Judicature which was never one it self as is well known to all Lawyers I leave to God and the world to judge And it were full as strange that they should pretend to make Laws without King or Lords House to any that have heard speak of the Laws of England And admitting but not granting that the People of England's Commission could grant your pretended Power I see nothing you can shew for that for certainly you never asked the question of the tenth man in the Kingdom and in this way you manifestly wrong even the poorest Plough-man if you demand not his free consent nor can you pretend any colour for this your pretended Commission without the consent at least of the major part of every man in England of whatsoever quality or condition which I am sure you never went about to seek so far are you from having it Thus you see that I speak not for My own Right alone as I am your King but also for the true Liberty of all My Subjects which consists not in the power of Government but in living under such Laws such a Government as may give themselves the best assurance of their Lives and propriety of their Goods Nor in this must or do I forget the Privileges of both Houses of Parliament which this days Proceedings do not only violate but likewise occasion the greatest breach of their publick Faith that I believe ever was heard of with which I am far from charging the two Houses for all pretended Crimes laid against Me bear Date long before this late Treaty at Newport in which I having concluded as much as in Me lay and hopefully expecting the Houses agreement thereunto I was suddenly surprized and hurried from thence as a Prisoner upon which account I am against My will brought hither where since I am come I cannot but to My power defend the ancient Laws and Liberties of this Kingdom together with My own just Right Then for any thing I can see the Higher House is totally excluded And for the House of Commons it is too well known that the major part of them are detained or deterred from sitting so as if I had no other this were sufficient for Me to protest against the Lawfulness of your pretended Court. Besides all this the Peace of the Kingdom is not the least in My thoughts and what hopes of Settlement is there so long as Power reigns without Rule or Law changing the whole frame of that Government under which this Kingdom hath flourished for many hundred years nor will I say what will fall out in case this Lawless unjust proceeding against Me do go on And believe it the Commons of England will not thank you for this Change for they will remember how happy they have been of late years under the Reign of Queen Elizabeth the King My Father and My self until the beginning of these unhappy Troubles and will have cause to doubt that they shall never be so happy under any new And by this time it will be too sensibly evident that the Arms I took up were only to defend the Fundamental Laws of this Kingdom against those who have supposed My Power hath totally changed the ancient Government Thus having shewed you briefly the Reasons why I cannot submit to your pretended Authority without violating the Trust which I have from God for the Welfare and Liberty of My People I expect from you either clear Reasons to convince My Judgment shewing Me that I am in an Error and then truly I will answer or that you will withdraw your proceedings This I intended to speak in Westminster-Hall on Monday 22. January but against Reason was hindred to shew My Reasons Westminster-Hall Tuesday Jan. 23. Afternoon O Yes made Silence commanded The Court called Seventy one present The King brought in by the Guard looks with a Majestick Countenance upon his pretended Judges and sits down After the second O yes and Silence commanded Cooke began more insolently May it please your Lordship my Lord President this is now the third time that by the great grace and favour of this High Court the Prisoner hath been brought to the Bar before any Issue joyned in the Cause My Lord I did at the first Court exhibite a Charge against him containing the Highest Treason that ever was wrought upon the Theatre of England That a King of England trusted to keep the Law that had taken an Oath so to do that had Tribute pay'd him for that end should be guilty of a wicked Design to subvert and destroy our Laws and introduce an Arbitrary and Tyrannical Government in the defence of the Parliament and their Authority set up his Standard for War against the Parliament and People and I did humbly pray in the behalf of the People of England that he might speedily be required to make an Answer to the Charge But My Lord in stead of making any Answer he did then dispute the Authority of this High
wish that they may repent for indeed they have committed a great Sin in that particular I pray God with Saint Stephen that this be not laid to their charge Nay not only so but that they may take the right way to the Peace of the Kingdom For My Charity commands me not only to forgive particular men but My Charity commands Me to endeavour to the last gasp the Peace of the Kingdom So Sirs I do wish with all My Soul and I do hope there is some here will carry it further that they may endeavour the Peace of the Kingdom Now Sirs I must shew you both how you are out of the way and will put you in a way First you are out of the way For certainly all the way you ever have had yet as I could find by any thing is in the way of Conquest Certainly this is an ill way For Conquest Sir in My opinion is never just except there be a good just Cause either for matter of Wrong or just Title and then if you go beyond it the first quarrel that you have to it that makes it unjust at the end that was just at the first But if it be only matter of Conquest then it is a great Robbery as a Pirate said to Alexander that He was the great Robber he was but a petty Robber And so Sir I do think the way that you are in is much out of the way Now Sir for to put you in the way believe it you will never do right nor God will never prosper you until you give God his Due the King his Due that is My Successors and the People their Due I am as much for them as any of you You must give God his due by regulating rightly his Church according to his Scripture which is now out of order For to set you in a way particularly now I cannot but only this A National Synod freely called freely debating among themselves must settle this when that every Opinion is freely and clearly heard For the King indeed I will not Then turning to a Gentleman that touched the Axe He said Hurt not the Axe that may hurt Me. For the King the Laws of the Land will clearly instruct you for that therefore because it concerns My Own particular I only give you a touch of it For the People And truly I desire their Liberty and Freedom as much as any body whomsoever but I must tell you that their Liberty and Freedom consists in having of Government those Laws by which their Life and their Goods may be most their own It is not for having share in Government Sir that is nothing pertaining to them a Subject and a Soveraign are clear different things And therefore until they do that I mean that you do put the People in that Liberty as I say certainly they will never enjoy themselves Sirs It was for this that now I am come here If I would have given way to an Arbitrary way for to have all Laws changed according to the power of the Sword I needed not to have come here and therefore I tell you and I pray God it be not laid to your charge that I am the Martyr of the People In troth Sirs I shall not hold you much longer for I will only say this to you That in truth I could have desired some little time longer because that I would have put this that I have said in a little more order and a little better digested than I have done and therefore I hope you will excuse Me. I have delivered My Conscience I pray God that you do take those courses that are best for the good of the Kingdom and your own Salvation Then the Bishop said Though it be very well known what Your Majesty's affections are to the Protestant Religion yet it may be expected that You should say somewhat for the Worlds satisfaction in that particular Whereupon the King replied I thank you very heartily My Lord for that I had almost forgotten it In troth Sirs My Conscience in Religion I think is very well known to all the World and therefore I declare before you all That I die a Christian according to the Profession of the Church of England as I found it left Me by My Father and this honest man I think will witness it Then turning to the Officers he said Sirs Excuse Me for this same I have a good Cause and I have a gracious God I will say no more Then to Colonel Hacker He said Take care that they do not put Me to pain And Sir this and it please you But a Gentleman coming near the Axe the King said Take heed of the Axe pray take heed of the Axe And to the Executioner He said I shall say but very short Prayers and when I thrust out My hands Then He called to the Bishop for His Cap and having put it on asked the Executioner Does My Hair trouble you Who desired Him to put it all under His Cap which as he was doing by the help of the Bishop and the Executioner He turned to the Bishop and said I have a good Cause and a gracious God on My side The Bishop said There is but one Stage more which though turbulent and troublesome yet is a very short one You may consider it will soon carry You a very great way it will carry You from Earth to Heaven and there You shall find to Your great joy the prize You hasten to a Crown of Glory The King adjoyns I go from a corruptible to an incorruptible Crown where no disturbance can be no disturbance in the world Bishop You are exchanged from a Temporal to an Eternal Crown A good Exchange Then the King asked the Executioner Is My Hair well And taking off His Cloak and George He delivered His George to the Bishop saying Remember Then putting off His Doublet and being in His Wast-coat He put on His Cloak again and looking upon the Block said to the Executioner You must set it fast Execut. It is fast Sir KING It might have been a little higher Execut. It can be no higher Sir KING When I put out My hands this way then Then having said a few words to Himself as He stood with hands and eyes lift up immediately stooping down He laid His Neck upon the Block and the Executioner again putting His Hair under His Cap His Majesty thinking he had been going to strike bad him Stay for the Sign Execut. Yes I will and it please Your Majesty After a very short pause His Majesty stretching forth his hands the Executioner at one blow severed His Head from His Body Which being held up and shewed to the People was with His Body put into a Coffin covered with black Velvet and carried into His Lodging His Blood was taken up by divers persons for different ends by some as Trophies of their Villany by others as Reliques of a Martyr and in some hath had the
most affectionate humble Servants Ed. Littleton C. S. L. Cottington D. Richmond M. Hartford M. Newcastle E. Huntington E. Bathon E. Southampton E. Dorset E. Northampton E. Devonshire E. Bristol E. Berkshire E. Cleveland E. Marlburgh E. Rivers E. Lindsey E. Dover E. Peterburgh E. Kingston E. Newport E. Portland E. Carbury V. Conway V. Falconbridge V. Wilmot V. Savile L. Mowbray and Maltravers L. Darcy and Coniers L. Wentworth L. Cromwell L. Rich. L. Paget L. Digby L. Howard of Charleton L. Deincourt L. Lovelace L. Pawlet L. Mohun L. Dunsmore L. Seymour L. Herbert L. Cobham L. Capell L. Percy L. Leigh L. Hatton L. Hopton L. Jermyn L. Loughborough L. Byron L. Widderington MDCXLIII IV. Votes of the Commons at Oxford Die Veneris Januar. 26. 1643. Resolved upon the Question Nemine contradicente THat all such Subjects of Scotland as have consented to the Declaration intituled the Declaration of the Kingdom of Scotland and concerning the present Expedition into England according to the Commission and Order of the Convention of Estates from their meeting at Edinburgh August 1643. have thereby denounced War against the Kingdom of England and broke the Act of Pacification Resolved upon the Question Nemine contradicente That all such of the Subjects of Scotland as have in a Hostile manner entred into the Town of Berwick upon Twede have thereby broke the Act of Pacification Resolved upon the Question Nemine contradicente That all His Majesty's Subjects of the Kingdom of England and Dominion of Wales are both by their Allegiance and the Act of Pacification bound to resist and repress all such of the Subjects of Scotland as have in a Hostile manner already entred or shall hereafter enter into the Town of Barwick upon Twede or any other part of His Majesty's Realm of England or Dominion of Wales as Traytors and Enemies to the State Resolved upon the Question Nemine contradicente That shall such of His Majesty's Subjects of the Realm of England or Dominion of Wales that shall be abetting aiding and assisting to the Subjects of Scotland in their Hostile Invasion of any part of His Majesty's Realm of England or Dominion of Wales shall be deemed and taken as Traitors and Enemies to the State Resolved upon the Question Nemine contradicente That all His Majesty's Subjects of Scotland are bound by the Act of Pacification to resist and repress all of that Kindom that already haveraised Arms or shall rise in Arms to invade this Kingdom of England or Dominion of Wales Votes of the Commons at Oxford March 12. 1643. Resolved upon the Question Nemine contradicente THat the Lords and Commons now remaining at Westminster that have given their Votes or consent to the raising of Forces under the Command of the Earl of Essex or have been abetting aiding or assisting thereunto have levied and made War against the King and are therein guilty of High Treason Resolved upon the Question Nemine contradicente That the Lords and Commons now remaining at Westminster that have given their Votes and consents for the making and using of a new Great Seal have thereby counterfeited the Kings Great Seal and therein committed High Treason Resolved upon the Question Nemine contradicente That the said Lords and Commons now remaining at Westminster that have given their consents or have been abetting aiding or assisting to the present coming in of the Scots into England in a Warlike manner have therein committed High Treason Resolved upon the Question Nemine contradicente That the Lords and Commons now remaining at Westminster who have committed the Crimes mentioned in the three former Votes have therein broken the Trust in them reposed by their Country and ought to be proceeded against as Traitors to the King and Kingdom Resolved upon the Question Nemine contradicente That all the Endeavours and Offers of Peace and Treaty made by His Majesty by the advice of the Lords and Commons of Parliament assembled at Oxford have been refused and rejected by the Lords and Commons remaining at Westminster MDCXLIII IV. A Declaration of the Lords and Commons of Parliament assembled at Oxford of their Proceedings touching a Treaty for Peace and the Refusal thereof with the several Letters and Answers that passed therein IF our most earnest Desires and Endeavours could have prevailed for a Treaty our Proceedings therein without this Declaration would have manifested to all the World the clearness of our Intentions for the restoring the Peace of this Kingdom But seeing all the means used by Us for that purpose have been rendred fruitless we hold our selves bound to let our Countries know what in discharge of our Duty to God and to them we on our parts have done since our coming to Oxford to prevent the further effusion of Christian blood and the Desolation of this Kingdom His Majesty having by His Proclamation upon occasion of the Invasion from Scotland and other weighty reasons commanded our attendance at Oxford upon the 22. of January last there to advise Him for the preservation of the Religion Laws and Safety of the Kingdom and to restore it to its former Peace and Security these Motives with the true sense of our Countries Miseries quickned our duty to give ready obedience to those His Royal Commands hoping by God's blessing to have become happy Instruments for such good Ends. And upon our coming hither we applyed our selves with all diligence to advise of such means as might most probably settle the Peace of this Kingdom the thing most desired by His Majesty and our selves And because we found many gracious offers of Treaty for Peace by His Majesty had been rejected by the Lords and Commons remaining at Westminster we deemed it fit to write in our own names and thereby make tryal whether that might produce any better effect for accomplishing our desires and our Countries Happiness And they having under pain of Death prohibited the address of any Letters or Message to Westminster but by their General and we conceiving him a Person who by reason of their trust reposed in him had a great influence into and Power over their Proceedings resolved to recommend it to his Care and to engage him in that Pious Work with our earnest desire to him to represent it to those that trusted him to prevent all exceptions and delay And thereupon the 27. of the same January dispatched a Letter away under the hands of the Prince His Highness the Duke of York and of 43. Dukes Marquesses Earls Viscounts and Barons of the House of Peers and 118. Members of the House of Commons there present many others of us by reason of distance of place sickness and imployments in His Majesty's Service and for want of timely notice of the Proclamation of Summons not being then come hither which Letter we caused to be inclosed in a Letter from the Earl of Forth the Kings General A true Copy of which Letter from us to the Earl of Essex hereafter followeth viz. My Lord HIS
by His Majesty or us in order to Peace here being so great a Condescending from a King to Subjects all indifferent Advantages left to them both for time and place of Treaty and choice of Persons to Treat But what their Intentions to Peace are will appear by their Letter enclosed in one from their General to the Earl of Forth both which are as followeth My Lord I Am commanded by both Houses of Parliament to send a Trumpeter with the inclosed Letter to His Majesty which I desire your Lordship may be most humbly presented to His Majesty I rest Essex-House March 9. 1643. Your Lordships humble Servant Essex May it please Your MAJESTY WE the Lords and Commons assembled in the Parliament of England taking into our Consideration a Letter sent from Your Majesty dated the third of March instant and directed to the Lords and Commons of Parliament assembled at Westminster which by the Contents of a Letter from the Earl of Forth unto the Lord General the Earl of Essex we conceive was intended to our selves have resolved with the concurrent advice and consent of the Commissioners of the Kingdom of Scotland to represent to Your Majesty in all humility and plainness as followeth That as we have used all means for a just and safe Peace so will we never be wanting to do our utmost for the procuring thereof But when we consider the Expressions in that Letter of Your Majesty's we have more sad and dispairing thoughts of attaining the same than ever because thereby those Persons now assembled at Oxford who contrary to their Duty have deserted Your Parliament are put into an equal Condition with it and this present Parliament convened according to the known and Fundamental Laws of the Kingdom the continuance whereof is established by a Law consented unto by Your Majesty is in effect denied to be a Parliament The Scope and Intention of that Letter being to make provision how all the Members as is pretended of both Houses may securely meet in a full and free Convention of Parliament Whereof no other conclusion can be made but that this present Parliament is not a full nor free Convention and that to make it a full and free Convention of Parliament the presence of those is necessary who notwithstanding that they have deserted that great Trust and do levy War against the Parliament are pretended to be Members of the two Houses of Parliament And hereupon we think our selves bound to let Your Majesty know That seeing the Continuance of this Parliament is settled by a Law which as all other Laws of Your Kingdoms Your Majesty hath sworn to maintain as we are sworn to our Allegiance to Your Majesty these obligations being reciprocal we must in duty and accordingly are resolved with our Lives and Fortunes to defend and preserve the Just Rights and full Power of this Parliament And do beseech Your Majesty to be assured that Your Majesty's Royal and hearty Concurrence with us herein will be the most effectual and ready means of procuring a firm and lasting Peace in all Your Majesty's Dominions and of begetting a perfect understanding between Your Majesty and Your People without which Your Majesty's most earnest Professions and our most real Intentions concerning the same must necessarily be frustrated And in case Your Majesty's three Kingdoms should by reason thereof remain in this sad and bleeding Condition tending by the continuance of this unnatural War to their Ruine Your Majesty cannot be the least nor the last Sufferer God in his goodness incline Your Royal Breast out of pity and compassion to those deep Sufferings of Your Innocent People to put a speedy and happy issue to these desperate Evils by the joynt Advice of both Your Kingdoms now happily united in this Cause by their late solemn League and Covenant Which as it will prove the surest Remedy so is it the earnest prayer of Your Majesty's Loyal Subjects the Lords and Commons assembled in the Parliament of England Westminster the 9 of March 1643. Gray of Wark Speaker of the House of Peers in Parliament pro tempore William Lenthall Speaker of the Commons House in Parliament Whosoever considers that this should be a Letter from Subjects might well think it very unbeseeming Language in them to call His Majesty's earnest endeavours for Peace but Professions and their own feigned pretence most real Intentions but much more menacing Language that is Majesty cannot be the least or last Sufferer which expressions from Subjects in Arms to their Soveraign what dangerous Construction they may admit we are unwilling to mention But we need not wonder at the manner of their expressions when we see in this Letter the Parliament it self as far as in them lies destroyed and those who here style themselves the Lords and Commons assembled in the Parliament of England not to resolve upon their Answer to their King without the concurrent advice and consent of the Commissioners as they call them of the Kingdom of Scotland If they had only taken the Advice of the Scotish Commissioners they had broken the Fundamental Constitution of Parliament the very Writs of Summons the Foundation of all Power in Parliament being in express terms for the Lords to treat and advise with the King and the Peers of the Kingdom of England and for the Commons to do and consent to those things which by that Common-Council of England should be ordained thereby excluding all others But their League it seems is gone further the Scots must consent as well as advise so that they have gotten a negative voice and they who in the former Letter would be the Kings only Council are now become no Council without the Scotish Commissioners The truth is they have besides the solemn League and Covenant with the Scots which their Letter mentions a strange and traitourous presumption for Subjects to make a Covenant and League with Subjects of another Kingdom without their Prince made private bargains with the Scots touching our Estates and a private agreement not to treat without their consent as some of themselves being afraid of a Treaty openly declared to the Common-Council of London And therefore 't is no wonder that being touched to the quick with the apprehension that they are not nor can be in this condition a full and free Convention of Parliament they charge us with deserting our Trust and would have us to be no Members of the Parliament They may remember it was our want of freedom within and the seditious Tumults without their many multiplied Treasons there and imposing traitourous Oaths which inforced our absence But concerning that and the want of freedom in Parliament we shall say no more here that being the Subject of another Declaration only we wish them to consider by what Fundamental Laws of the Kingdom which they have lately wrested to serve all turns they can exclude us from our Votes in Parliament who were duely summoned chosen and returned Members of Parliament and
from His Majesty's Loyal Subjects assembled in the Parliaments of both His Kingdoms are mentioned to be sent to His Majesty from the Lords and Commons of Parliament assembled at Westminster and upon His Majesty's Answers Messages and Propositions to them and their Returns to His Majesty that a Treaty is to begin and wherein we also observe you have no Power thereby to Treat upon the Propositions sent to His Majesty from His humble and Loyal Subjects assembled in the Parliaments of both Kingdoms and the Answers Messages and Propositions sent from His Majesty to the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland then at London and their Returns to His Majesty We desire those defects may be cleared and speedily amended The King's Commissioners Answer 31. January VVE conceive our Power being to Treat upon the Propositions brought by the Earl of Denbigh and others and those Propositions being sent from the Parliaments of both Kingdoms there need no mention of the Parliaments of both Kingdoms in that place but that our Power is ample to Treat with your Lordships upon the whole both by express words and by other general words in the Commission which give power to Treat upon those Propositions or any other which general words are not observed by your Lordships in your Paper and our Power is to Treat with the Lords and others authorized for the Estates of the Parliament of Scotland by name yet since you insist upon it it shall be altered by Tuesday next And in the mean time if your Lordships please we desire the Papers promised yesterday in the Paper delivered by the Earl of Northumberland may be delivered unto us that there may be as little loss of time as may be Their Reply 31. January IN Answer to your Lordships Paper concerning your power to Treat we are content to proceed in the Treaty with your Lordships in expectation that the Defects mentioned by us in our Paper shall be supplied by Tuesday next On Munday the third of February the King's Commissioners did deliver their Commission renewed as followeth CHARLES R. VVHereas certain Propositions were sent unto Us from the Lords and Commons assembled in the Parliament of England at Westminster and from the Commissioners of the Parliament of Scotland which were brought unto Us at Oxford in November last by the Earl of Denbigh and others and upon Our Answers c. as followeth verbatim in His Majesty's former Commission Touching the Manner of the Treaty The King's Commissioners Paper 31. January WE desire to the end there may be a greater freedom in debate which we conceive will much conduce to the happy conclusion of this Treaty that nothing may be understood to be concluded on either side but what is delivered in writing according as your Lordships have begun And we declare That what shall be delivered in writing upon any Proposition or upon any part of a Proposition is not to be binding or prejudicial to either Party if the Treaty break off upon any other Proposition or part of any other Proposition Their Answer 31. Jan. WE shall deliver our demands and Answers in writing and desire your Lordships to do the like The King's Commissioners Reply 1. February WE desire a full Answer of our Paper that nothing shall be taken as agreed upon but what is put in writing and your Concurrence in declaring That what shall be delivered in writing upon any Proposition or upon any part of a Proposition shall not be binding or prejudicial to either Party if the Treaty break off Their further Answer 1. February ACcording to our former Paper we shall deliver our Demands and Answers in writing and we desire your Lordships to do the like and nothing shall be taken as agreed upon but what is put in writing And we shall acquaint the Houses of Parliament that you have declared what shall be delivered in writing upon any Proposition or upon any part of a Proposition is not to be binding or prejudicial to either Party if the Treaty break off 3. February IN Answer to Your Lordships Paper formerly delivered we do declare that what shall be delivered in writing upon any Proposition or upon any part of a Proposition is not to be binding or prejudicial to either Party if the Treaty break off upon any other Propositions or part of any Proposition Touching the Seditious Sermon The King's Commissioners Paper 31. January WE have certain Information from divers Persons present in Vxbridge Church yesterday that there was then a Sermon preached by one Mr. Love in which were many passages very Scandalous to His Majesty's Person and derogatory to His Honour stirring up the People against this Treaty and incensing them against us telling them That we come with hearts full of Blood and that there is as great distance between this Treaty and Peace as between Heaven and Hell or words to that effect with divers other Seditious passages both against His Majesty and this Treaty We know His Majesty's hearty desire of a happy and well-grounded Peace such as may be for Gods Honour and the good of all His Subjects as well as Himself and we that are entrusted by His Commission come with clear Intentions to serve Him in it according to our Consciences and the best of our Judgments And this being preached in your Quarters where we are now under safe Conduct we desire your Lordships to consider how much this may reflect upon our Safety how much it may prejudice and blast the blessed hopes of this Treaty and how just offence and distrust it may beget in His Majesty And therefore we desire Justice against the Man that he may have exemplary Punishment Their Answer 31. Jan. TO the Paper delivered in by your Lordships this day concerning the Information received of several Scandalous passages preached in a Sermon in Vxbridge Church by one Master Love we do return this Answer That the said Master Love is none of our Retinue nor came hither by any privity of ours That we conceive it most reasonable and agreeable to the business we are now upon that all just occasions of Offence on either part be avoided and as it hath been our desire so it shall be our endeavour to take the best care we can to prevent all prejudices upon the present Treaty which may blast the blessed hopes thereof or may beget any just offence and distrust in His Majesty and shall be as tender of the Safety of your Lordships Persons according to the safe Conduct as of our own We shall represent your Lordships Paper concerning this business if your Lordships so desire unto the Lords and Commons assembled in the Parliament of England who will proceed therein according to Justice The King's Commissioners Reply 1. February VVE insist upon our former desire concerning the Sermon preached by Mr. Love and must refer the way of doing Justice to your Lordships and if
Commissioners insisted no farther The Kings Commissioners Second Paper 19. Feb. BY the thirteenth Proposition it is demanded that an Act be passed to settle the Prosecution of the War of Ireland in both Houses of Parliament of England to be managed by the joynt advices of both Kingdoms We desire to know whether if the two Kingdoms shall not agree in their advice touching that War each have a negative Voice or whether the Scots Commander in chief of the Forces in Ireland may manage that War in such case according to his own discretion Their Answer 19. Feb. IN Answer to your Lordships second Paper the Prosecution of the War of Ireland is to be setled in the two Houses of the Parliament of England but is to be managed by a joynt Committee of both Kingdoms wherein the Committee of each Kingdom hath a negative Voice but in case of disagreement the Houses of Parliament of England may prosecute the War as they shall think fit observing the Treaty of the sixth of August 1642. between the two Houses and the Estates of the Parliament of Scotland and the Ordinance of the 11. of April 1644. delivered to your Lordships formerly The Kings Commissioners Third Paper 19. Feb. BY the twentieth Proposition in the Intervals of Parliament the Commissioners for the Militia have power to nominate the Lord Deputy of Ireland and other Officers and Judges there We desire to know whether that Power be limited to the Commissioners of both Kingdoms or only to the Commissioners for England and whether in such cases the Commissioners of Scotland shall vote as single Persons Their Answer 19. Feb. THe power of the Commissioners in the Intervals of Parliament to nominate the Lord Deputy of Ireland and other Officers and Judges there mentioned in the twentieth Proposition being no matters of joynt concernment is to be limited to the Commissioners of the Parliament of England wherein the Commissioners of Scotland are to vote as single Persons The Kings Commissioners Fourth Paper 19. Feb. THe Articles of the Treaty of the sixth of August giving Power to the Lieutenant of Ireland when the Scotish Army shall be joyned with his Army to give Instructions to the Scotish Commander in chief and the Orders of the two Houses of the 9. of March 1644. and the 11. of April 1644. appointing the General of the Scotish Forces in Ireland to command in chief over all the Forces as well British as Scots and both being desired to be Enacted we desire to know whether the Lieutenant of Ireland shall command the Scots Forces or whether the Scotish General shall command all Forces both British and Scots Their Answer 19. Feb. IN Answer to your Lordships fourth Paper we say that the Ordinances of the 9. of March and 11. of April 1644. were made when there was no Lieutenant of Ireland and when a Lieutenant shall be made with the Approbation of both Houses according to our former Demands in the seventeenth and twentieth Propositions it will be a fitting time to give further Answer to your Lordships The Kings Commissioners Reply 20. Feb. VVE desire a full Answer from your Lordships to our fourth Paper delivered to your Lordships yesterday concerning the Power of the Lord Lieutenant of Ireland and the General of the Scots Forces your Lordships having proposed to us that the Articles of the Treaty and the Ordinance of the 11. of April be enacted by His Majesty by one of which the General of the Scots Forces is to receive Instructions for the managing the War there from the Lieutenant of Ireland and by the other which is the later the General of the Scots Forces is to command in chief both the British and Scots Forces by which it seems the Lievtenant of that Kingdom is to have no Power in the prosecution of that War Their Answer 20. Feb. WE do insist upon our former Papers that the prosecution of the War in Ireland is to be settled in both Houses of Parliament and is to be managed by the joynt advice of both Kingdoms as in those Papers is set down and when a Lievtenant of Ireland shall be appointed as is expressed in the Propositions and it shall be necessary for the good of the service that he and the Commander in chief of the Scotish Army joyn the Commander of the Scotish Army shall receive Instructions from the Lord Lievtenant or Deputy or other who shall have the chief Government of the Kingdom for the time according to the Orders which shall be given by the Commissioners of both Kingdoms The King's Commissioners fifth Paper 19. February THe last part of the seventeenth Proposition gives power to the Commissioners for the Militia of both Kingdoms as a joynt Committee to order the War of Ireland according to the Ordinance of the 11. of April and to order the Militia and conserve the Peace of the Kingdom of Ireland and by that of the 11. of April the Earl of Leven being appointed Commander in chief over all the Forces as well British as Scots we desire to know whether he shall be subordinate to those Commissioners for the Militia and be obliged to observe such Orders as he shall receive from them Their Answer 19. Feb. THe Commissioners of the Militia desired by the seventeenth Proposition are to order the War of Ireland according to the Ordinance of the 11. of April and the Earl of Leven being by that Ordinance Commander in chief of the Forces there is obliged to observe such Orders as he shall receive from those Commissioners Their Commissioners likewise the same 19. of Feb. delivered in some Papers of Demands on their part Their Answer 19. Feb. WE desire that no Cessation of Arms or Peace in Ireland may be Treated upon or concluded without consent of both Houses of Parliament of England Another 19. Feb. WE desire to know whether any Peace or Cessation of Arms in Ireland be consented unto by His Majesty and for what time and whether any Commission be now on foot or other Authority given by His Majesty for that purpose The King's Commissioners Answer to both 20. February TO your Lordships sixth and seventh Papers delivered to us yesterday concerning any Peace or Cessation of Arms in Ireland your Lordships well know that long after the War begun in this Kingdom and the want of a Supply from hence that a Cessation hath been made with His Majesties consent and we conceive that the same expires in March next and we are confident there is no Peace made there But for the making a Peace or a farther Cessation we can give no farther Answer till we may know whether there may be a blessed Peace made in England since if the miserable Civil Wars shall continue in this Kingdom we cannot conceive it possible for His Majesty by Force to reduce the Kingdom of Ireland or to preserve His Protestant Subjects there without a Peace or Cessation Their Reply 20. Febr. WE conceive your Lordships have given
being to that purpose Fourthly it is agreed That there shall be levied and furnished by the Kingdom of England Ten Troops of sufficient and well armed Horse-men consisting of sixty in a Troop besides the Officers and that there shall be a Commissary General a Serjeant-Major and a Quarter-master appointed over them which shall joyn and remain with the Body of the Scotish Foot and shall receive and obey the Orders and Instructions of the Commanders of the Scotish Army and that there shall be presently advanced the sum of Twelve hundred Pounds sterling for the levying of a Troop of one hundred Horsemen in Scotland besides the Officers to be a Guard to the General of the Scotish Army Fifthly it is agreed That the Commanders and Soldiers of the Scotish Army shall have such Pay respectively as the Commanders and Soldiers of the English Army have according to a List presently agreed upon by the Commissioners of both Kingdoms as also that the Officers of that Army shall have such allowance for their Wagons as is contained in the said List Sixthly it is agreed That the Towns and Castle of Carickfergus and Colrane shall be put into the hands of the Scotish Army to be places for their Magazines and Garrisons and to serve them for Retreat upon occasion and that the Magistrates and Inhabitants thereof shall be ordained to carry themselves to the Commanders of the said Army as is fitting and ordinary in such Cases and that the said Towns and Castle shall remain in the Scots hands until the War shall end or that they shall be discharged of that service Like as the Commissioners for the Kingdom of Scotland do promise in the Publick Faith of that Kingdom to re-deliver the said Towns and Castle to any having Commission from the King and Parliament of England as also the Commissioners for the Kingdom of England do promise in the name and on the Publick Faith of that Kingdom that Payment shall be made to the Kingdom of Scotland and their Army of all dues that shall arise upon this present Treaty and that when the Scotish Army imployed in the service of Ireland shall be discharged they shall be disbanded by Regiments and no lesser proportions and so many of them payed off as shall be disbanded and the residue kept in pay till they be disbanded Seventhly it is agreed That the Towns of Carick fergus and Colrane shall by the Kingdom of England be with all expedition provided with Victuals necessary for Soldiers either in Garrisons or Expeditions according to a List to be agreed on and subscribed by the Commissioners of both Kingdoms and that such quantities thereof as the Scotish Army shall have occasion to use shall be sold unto them and bought by them at the several Prices contained in the aforesaid List and also that the said Towns of Carickfergus and Colrane shall be provided by the Kingdom of England with Powder Ball Match and other Ammunition for the service of the said Army conform to the particular List to be condescended unto by both Commissioners and that Carts and Waggons shall be provided by the Kingdom of England for carrying of Ammunition for the use of the said Army in Marches as also that there shall be Gun-Smiths Carpenters and one or two Enginers appointed to attend the Army and that hand-Mills shall be provided to serve the Companies in Marches Eighthly it is agreed That the Kingdom of England shall deposite two thousand Pounds English Money in the hands of any to be appointed by the Scotish Commissioners to be disbursed upon accompt by warrant of the General of their Army upon Fortifications Intelligences and other Incidents so that there be not above the sum of two thousand Pounds in a year imprested upon these occasions without particular and special Warrant from the Parliament of England as also that there shall be deposited Two thousand and five hundred Pounds English to be disbursed upon Accompt for the providing of a thousand Horses for the Garriage of the Artillery the Baggage and Victual of their Army and for Dragooners upon occasion and likewise that the Scotish Army during the time of the War shall have power to take up such Horses in the Country as be necessary for the uses aforesaid Ninthly it is agreed That the Inhabitants of the Towns and Villages in the Province of Vlster and in any other Province of Ireland where the Scotish Army shall be by it self for the time shall receive Orders from the Scotish Commanders and shall bring in Victuals for Money in an orderly way as shall be directed by them with Provision of Oats Hay and Straw and such other Necessaries and that the Countrey People shall rise and concur with the Scotish Troops when the Commanders thereof shall find it for the good of the Service and shall receive Orders and Directions from the said Commanders of the Scotish Army Tenthly it is agreed That the said Ten thousand Men to be sent out of the Kingdom of Scotland shall go in the way and order of an Army under their own General and subaltern Officers and the Province of Vlster is appointed unto them wherein they shall first prosecute the War as in their Judgment they shall think most expedient for the Honour of the King and Crown of England and that the Commanders of the said Army shall have power to give Conditions to Towns Castles and Persons which shall render and submit themselves as shall be most expedient for the Service according to the course of War Provided no Toleration of the Popish Religion be granted nor any condition made touching or concerning any of the Rebels Lands and that the Commanders of the Scotish Army shall be answerable for their whole deportment and proceedings to His Majesty and the two Houses of the Parliament of England only but shall from time to time give an accompt thereof to His Majesty the two Houses of the Parliament of England and to the chief Governour or Governours of Ireland for the time being That such Towns and Places as shall be recovered from the Rebels by the Scotish Army shall be at the diposing of the Commanders thereof during their abode for that Service in those parts where such Towns and Places are And if it shall be found for the good of the Service that the Scotish Army shall joyn with the Kings Lieutenant of Ireland and his Army in that case the General of the Scotish Army shall only cede to the Kings Lieutenant of Ireland and receive in a free and honourable way Instructions from him or in his absence from the Lord Deputy or any other who shall have the chief Government of that Kingdom for the time by Authority derived from the Crown of England and shall precede all others and that he only shall give Orders to the Officers of his own Army and that the Armies shall have the right and left hand Van and Reare Charge and Retreat successively and shall not mix in
Proclamations and other Proceedings against it to be void An Act concerning Peers lately made and hereafter to be made An Act concerning the Adjournments of both Houses of Parliament Soit baillé aux Seigneurs A ceste Bille les Seigneurs sont assentuz An Act concerning the Raising settling and maintaining Forces by Sea and by Land within the Kingdoms of England and Ireland and Dominion of VVales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed BE it Enacted by the King's Majesty and by the Lords and Commons assembled in Parliament and by Authority of the same That the Lords and Commons in the Parliament of England now assembled or hereafter to be assembled shall during the space of twenty years from the first of November 1647. Arm Train and Discipline or cause to be Armed Trained and Disciplined all the Forces of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed already raised both for Sea and Land service and shall appoint all Commanders and Officers for the said Forces and shall from time to time during the said space of twenty years raise levy arm train and discipline or cause to be raised levied armed trained and disciplined any other Forces for Land and Sea-service in the Kingdoms Dominions and Places aforesaid as in their judgments they shall from time to time during the said space of twenty years think fit and appoint and shall from time to time appoint all Commanders and Officers for the said Forces or remove them as they shall see cause and shall likewise nominate appoint place or displace as they shall see cause all Commanders and Officers within the several Garrisons Forts and Places of strength as shall be within the Kingdoms of England Ireland and Dominion of Wales the Isles of Gernsey and Jersey and Town of Barwick upon Tweed and that neither the King His Heirs or Successors nor any other but such as shall act by the Authority or Approbation of the said Lords and Commons shall during the said space of twenty years exercise any of the powers aforesaid And be it further enacted by the Authority aforesaid That Moneys be raised and levied for the maintenance and use of the said Forces for Land-service and of the Navy and Forces for Sea-service in such sort and by such ways and means as the said Lords and Commons shall from time to time during the said space of twenty years think fit and appoint and not otherwise and that all the said Forces both for Land and Sea-service so raised or levied or to be raised or levied and also the Admiralty and Navy shall from time to time during the said space of twenty years be imployed managed ordered disposed or disbanded by the said Lords and Commons in such sort and by such ways and means as they shall think fit and appoint and not otherwise And be it further Enacted by the Authority aforesaid That the said Lords and Commons during the said space of twenty years shall have power in such sort and by such ways and means as they shall think fit and appoint to suppress all Forces raised or to be raised without Authority and Consent of the said Lords and Commons to the disturbance of the Publick Peace of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any of them and also to suppress any Forreign Forces who shall invade or endeavour to invade the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any of them and likewise to conjoyn such Forces of the Kingdom of England with the Forces of the Kingdom of Scotland as the said Lords and Commons shall from time to time during the said space of twenty years judg fit and necessary to resist all Forreign Invasions and to suppress any Forces raised or to be raised against or within either of the said Kingdoms to the disturbance of the Publick Peace of the said Kingdoms or any of them by any Authority under the Great Seal or other Warrant whatsoever without consent of the said Lords and Commons of the Parliament of England and the Parliament or the Estates of the Parliament of Scotland respectively and that no Forces of either Kingdoms shall go into or continue in the other Kingdom without the Advice and desire of the said Lords and Commons of the Parliament of England and the Parliament of the Kingdom of Scotland or such as shall be by them respectively appointed for that purpose And be it Enacted by the Authority aforesaid That after the expiration of the said twenty years neither the King His Heirs or Successors or any person or persons by colour or pretence of any Commission Power Deputation or Authority to be derived from the King His Heirs or Successors or any of them shall raise arm train discipline imploy order manage disband or dispose any of the Forces by Sea and Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or of any of them nor exercise any of the said Powers or Authorities before-mentioned and expressed to be during the said space of twenty years in the said Lords and Commons nor do any act or thing concerning the Execution of the said Powers or Authorities or any of them without the Consent of the said Lords and Commons first had and obtained And be it further also Enacted That after the expiration of the said twenty years in all cases wherein the said Lords and Commons shall declare the Safety of the Kingdom to be concerned and shall thereupon pass any Bill or Bills for the raising arming training disciplining imploying managing ordering or disposing of the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or of any part of the said Forces or concerning the said Admiralty or Navy or concerning the levying of Moneys for the raising maintenance or use of the said Forces for Land service or of the Navy and Forces for Sea-service or of any part of them and if that the Royal Assent to such Bill or Bills shall not be given in the House of Peers within such time after the passing thereof by both Houses of Parliament as the said Houses shall judge fit and convenient that then such Bill or Bills so passed by the said Lords and Commons as aforesaid and to which the Royal Assent shall not be given as is herein before expressed shall nevertheless after Declaration of the said Lords and Commons made in that behalf have the force and strength of an Act or Acts of Parliament and shall be as valid to all intents and purposes as if the Royal Assent had been given
thereunto Provided always and be it further Enacted by the Authority aforesaid That nothing herein before contained shall extend to the taking away of the ordinary Legal Power of Sheriffs Justices of Peace Maiors Bailiffs Coroners Constables Headboroughs or other Officers of Justice not being Military Officers concerning the Administration of Justice so as neither the said Sheriffs Justices of Peace Maiors Bailiffs Coroners Constables Headboroughs and other Officers or any of them do levy conduct imploy or command any Forces whatsoever by colour or pretence of any Commission of Array or extraordinary Command from His Majesty His Heirs or Successors without the Consent of the said Lords and Commons and that if any persons shall be gathered and assembled together in Warlike manner or otherwise to the number of Thirty persons and shall not forthwith separate and disperse themselves being required thereto by the said Lords and Commons or Command from them or any by them especially authorized for that purpose then such person and persons not so separating and dispersing themselves shall be guilty and incur the pains of High Treason being first Declared guilty of such Offence by the said Lords and Commons any Commission under the Great Seal or other Warrant to the contrary notwithstanding and he or they that shall offend herein shall be incapable of any Pardon from His Majesty His Heirs and Successors and their Estates shall be disposed as the said Lords and Commons shall think fit and not otherwise Provided also further That the City of London shall have and enjoy all their Rights Liberties and Franchises Customs and Usages in the raising and imploying the Forces of that City for the Defence thereof in as full and ample manner to all intents and purposes as they have or might have used or enjoyed the same at any time before the sitting of this present Parliament Soit baillé aux Seigneurs A ceste Bille les Seigneurs sont assentuz An Act for justifying the Proceedings of Parliament in the late War and for Declaring all Oaths Declarations Proclamations and other Proceedings against it to be void WHereas the Lords and Commons assembled in Parliament have been necessitated to make and prosecute a War in their just and lawful Defence and thereupon Oaths Declarations and Proclamations have been made against them and their Ordinances and Proceedings and against others for adhering unto them and for executing Offices Places and Charges by Authority derived from them and Judgments Indictments Outlawries Attainders and Inquisitions for the causes aforesaid have been had and made against some of the Members of the Houses of Parliament and other his Majesties good Subjects and Grants have been made of their Lands and Goods Be it therefore Declared and hereby Enacted by the Kings Majesty and by the Lords and Commons assembled in Parliament and by Authority of the same That all Oaths Declarations and Proclamations heretofore had or made against both or either of the Houses of Parliament or any the Members of either of them for the causes aforesaid or against their Ordinances or Proceedings or against any for adhering unto them or for doing or executing any Office Place or Charge by any Authority derived from the said Houses or either of them and all Judgments Indictments Outlawries Attainders Inquisitions and Grants thereupon made and all other Proceedings for any the causes aforesaid had made done or executed or to be had made done or executed whether the same be done by the King or any Judges Justices Sheriffs Ministers or any others are void and of no effect and are contrary to and against the Laws of the Realm And be it further Enacted and hereby Declared by the Authority aforesaid That all Judges Justices of the Peace Maior Sheriffs Constables and other Officers and Ministers shall take notice hereof and are hereby prohibited and discharged in all time to come from awarding any Writ Process or Summons and from pronouncing or executing any Judgment Sentence or Decree or any way proceeding against or molesting any of the said Members of the two Houses of Parliament or against any of the Subjects of this Kingdom for any the causes aforesaid Soit baillé aux Seigneurs A ceste Bille les Seigneurs sont assentuz An Act concerning Peers lately made and hereafter to be made BE it Enacted by the Kings Majesty and by the Lords and Commons assembled in Parliament That all Honour and Title of Peerage conferred on any since the twentieth day of May 1642. being the day that Edward Lord Littleton then Lord Keeper of the Great Seal deserted the Parliament and that the said Great Seal was surreptitiously conveyed away from the Parliament be and is hereby made and declared Null and Void Be it further Enacted and it is hereby Enacted by the Authority aforesaid that no Person that shall hereafter be made a Peer or His Heirs shall sit or vote in the Parliament of England without consent of both Houses of Parliament Soit baillé aux Seigneurs A ceste Bille les Seigneurs sont assentuz An Act concerning the Adjournments of both Houses of Parliament BE it Declared and Enacted by the Kings Majesty and by the Lords and Commons assembled in Parliament and by the Authority of the same That when and as often as the Lords and Commons assembled in this present Parliament shall judge it necessary to adjourn both Houses of this present Parliament to any other place of the Kingdom of England than where they now sit or from any place adjourn the same again to the place where they now sit or to any other place within the Kingdom of England that then such their Adjournment and Adjournments to such places and for such time as they shall appoint shall at all times and from time to time be valid and good any Act Statute or Usage to the contrary notwithstanding Provided always and be it Enacted by the Authority aforesaid That no Adjournment or Adjournments to be had or made by reason or colour of this Act shall be deemed adjudged or taken to make end or determine any Session of this present Parliament And they also commanded us to present to Your Majesty these ensuing Propositions Heads of the Propositions 1. That the new Seal be confirmed and the old Great Seal and all things passed under it since May 1642. be made void 2. That Acts be passed for raising Moneys to satisfie Publick Debts 3. That Members of both Houses put from their places by the King be restored 4. That the Cessation in Ireland be made void and the War left to both Houses 5. That an Act of Indemnity be passed 6. That the Court of Wards be taken away and such Tenures turned into common Soccage 7. That the Treaties between the English and Scots be confirmed and Commissioners appointed for Conservation of the Peace between the Kingdoms 8. That the Arrears of the Army be paid out of the Bishops Lands forfeited Estates and Forests 9. That an Act be
reforming both Universities and the Colleges of Westminster Winchester and Eaton His Majesty will consent to an Act for the better discovery and speedy conviction of Popish Recusants as is desired in your Propositions and also to an Act for the Education of the Children of Papists by Protestants in the Protestant Religion As also to an Act for the rrue levying of the Penalties against Papists to be levied and disposed in such manner as both Houses shall agree on and as is proposed on His Majesties behalf And also to an Act to prevent the practises of Papists against the State and for putting the Laws in execution and for a stricter course to prevent hearing and saying of Mass But as to the Covenant His Majesty is not yet therein satisfied that He can either sign or swear it or consent to impose it on the Consciences of others nor doth conceive it proper or useful at this time to be insisted on Touching the Militia His Majesty conceives that your Proposition demands a far larger power over the Persons and Estates of His Subjects than hath ever hitherto been warranted by the Laws and Statutes of this Realm yet considering the present Distractions require more and trusting in His two Houses of Parliament that they will make no further use of the Power therein mentioned after the present Distempers setled than shall be agreeable to the Legal exercise thereof in times past or just necessity shall require His Majesty will consent to an Act of Parliament That the Lords and Commons in the Parliament of England now assembled or hereafter to be assembled or such as they shall appoint during the space of ten years shall Arm Train and Discipline or cause to be Armed Trained or Disciplined all the Forces of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernesey and Jersy and the Town of Berwick upon Tweed already raised both for Sea and Land-service and shall from time to time during the space of ten years raise levy arm train and discipline or cause to de raised levied armed trained and disciplined any other Forces for Land and Sea-service in the Kingdoms Dominions and places aforesaid as in their judgments they shall from time to time during the said space of ten years think fit to appoint And that neither the King His Heirs or Successors or any other but such as shall act by the Authority or approbation of the said Lords and Commons shall during the said space of ten years exercise any of the Powers aforesaid That Moneys be raised and levied for the maintenance and use of the said Forces for Land-service and of the Navy and Forces for Sea-service in such sort and by such ways and means as the said Lords and Commons shall from time to time during the said space of ten years think fit and appoint and not otherwise That all the said Forces both for Land and Sea-service so raised or levied or to be raised or levied and also the Admiralty and Navy shall from time to time during the said space of ten years be imployed managed ordered and disposed by the Lords and Commons in such sort and by such ways and means as they shall think fit and appoint and not otherwise And the said Lords and Commons or such as they shall appoint during the said space of ten years shall have power 1. To suppress all Forces raised or to be raised without Authority and Consent of the said Lords and Commons to the disturbance of the Publick Peace of the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernesey and Jersey and the Town of Berwick upon Tweed or any of them 2. To suppress any Foreign Forces who shall invade or endeavour to invade the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernesey and Jersey and the Town of Berwick upon Tweed or any of them And after the expiration of the said ten years neither the King His Heirs or Successors or any person or persons by colour or pretence of any Commission Power Deputation or Authority to be derived from the King His Heirs or Successors or any of them shall without the Consent of the said Lords and Commons raise arm train discipline employ order manage disband or dispose any the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernesey and Jersey and the Town of Berwick upon Tweed nor exercise any of the said Powers or Authorities herein before mentioned and expressed to be during the space of ten years in the said Lords and Commons nor do any act or any thing concerning the execution of the said Powers or Authorities or any of them without the Consent of the said Lords and Commons first had and obtained And with the same Provisoes for saving the ordinary Legal Power of Officers of Justice not being Military Officers as is set down in your Propositions And with a Declaration That if any persons shall be gathered and assembled together in a Warlike manner or otherwise to the number of thirty persons and shall not forthwith disperse themselves being require thereto by the said Lords and Commons or command from them or any by them especially authorized for that purpose then such person or persons not so dispersing themselves shall be guilty and incur the pains of High Treason being first declared guilty of such offence by the said Lords and Commons any Commission under the Great Seal or any other Warrant to the contrary notwithstanding And he or they that shall so offend herein to be uncapable of any Pardon from His Majesty His Heirs or Successors And likewise that it be provided that the City of London shall have and enjoy all their Rights Liberties c. in raising and imyloying the Forces of that City in such sort as is mentioned in the said Proposition With these Provisoes following to be inserted in the said Act. First That none be compelled to serve in the Wars against their wills but in case of coming in of strange Enemies into this Kingdom And that the Powers above mentioned as concerning the Land-Forces other than for keeping up and maintenance of Forts and Garisons and the keeping up mantaining and pay of this present Army so long as it shall be thought fit by both Houses of Parliament be exercised to no other purposes than for the suppressing of Forces raised or to be raised without Authority and Consent of the said Lords and Commons as aforesaid or for suppressing of any Foreign Forces which shall invade or endeavour to invade the Kingdoms Dominions or places aforesaid And that the Monies be raised by general and equal Taxations saving that Tonnage and Poundage and such Imposts as have been applyed to the Navy be raised as hath been usual And that all Patents Commissions and other Acts concerning the Premisses be made and acted in His Majesties Name by Warrant signified by the Lords and Commons or
of the Archbishop Abbot who was then with the Prince and the Duke and other of the Nobility waiting in the Privy Chamber for the King 's coming out on his Brother's head adding That if He continued a good Boy and followed His Book he would make him one Day Archbishop of Canterbury Which the Child took in such disdain that He threw the Cap on the Ground and trampled it under His Feet with so much eagerness that he could hardly be restrained Which Passion was afterward taken by some over-curious as a presage of the ruine of Episcopacy by His Power But the event shewed it was not ominous to the Order but to the Person of the Archbishop whom in his Reign he suspended from the Administration of his Office An. 1611 In his eleventh Year he was made Knight of the Garter An. 1612 and in the twelfth Prince Henry dying Novemb. 6. He succeeded him in the Dukedome of Cornwal and the Regalities thereof and attended his Funeral as Chief Mourner on Decemb. 7. On the 14th of Feb. following He performed the Office of Brideman to the Princess Elizabeth his Sister who on that Day was Married to Frederick V. Prince Elector Palatine the Gayeties of which Day were afterwards attended with many fatal Cares and Expences His Childhood was blemished with a supposed Obstinacy for the weakness of his Body inclining him to retirements and the imperfection of His Speech rendring Discourse tedious and unpleasant He was suspected to be somewhat perverse But more age and strength fitting Him for Manlike Exercises and the Publick Hopes inviting Him from his Privacies He delivered the World of such Fears for applying Himself to Action he grew so perfect in Vaulting riding the great Horse running at the Ring shooting in Cross-bows Muskets and sometimes in great Pieces of Ordnance that if Principality had been to be the Reward of Excellency in those Arts He would have had a Title to the Crown this way also being thought the best Marks-man and most graceful Manager of the great Horse in the three Kingdoms His tenacious humour He left with his Retirements none being more desirous of good Counsel nor any more Obsequious when he found it yea too distrustful of his own Judgment which the issue of things proved always best when it was followed When he was sixteen Years old An. 1616 on Nov. 3. He was created Prince of Wales Earl of Chester and Flint the Revenues thereof being assigned to maintain his Court which was then formed for Him And being thus advanced in Years and State it was expected that He should no longer retain the Modesty which the Shades of his Privacy had accustomed Him unto but now appear as the immediate Instrument of Empire and that by Him the Favours and Honours of the Court should be derived to others But though Providence had changed all about yet it had changed nothing within Him and He thought it Glory enough to be great without the diminution of others for He still permitted the Ministry of State to His Father's Favourites which gave occasion of Discourse to the Speculativi Some thought He did it to avoid the Jealousies of the Old King which were conceived to have been somewhat raised by the popularity of Prince Henry whose breast was full of forward Hopes For Young Princes are deemed of an impatient Ambition and Old ones to be too nice and tender of their Power in which though they are contented with a Successor as they must have yet are afraid of a Partner And it was supposed that therefore King James had raised Car and Buckingham like Comets to dim the lustre of these rising Stars But these were mistaken in the nature of that King who was enclined to contract a private friendship and was prodigal to the Objects of it before ever he had Sons to divert his Love or raise his Fears Some that at a distance looked upon the Prince's actions ascribed them to a Narrowness of Mind and an Incapacity of Greatness while others better acquainted with the frame of his Spirit knew His prudent Modesty enclined Him to learn the Methods of Commanding by the practice of Obedience and that being of a peaceful Soul He affected not to embroil the Court and from thence the Kingdom in Factions the effects of impotent minds which He knew were dangerous to a State and destructive to that Prince who gives Birth unto them that therefore He chose to wait for a certain though delayed Grandeur rather then by the Compendious way of Contrasts get a precocious Power and leave too pregnant an Example of Ruine Others conceived it the Prudence of the Father with which the Son complyed who knew the true use of Favourites was to make them the objects of the People's impatience the sinks to receive the Curses and Anger of the Vulgar the Hatred of the Querulous and the Envy of unsatisfied Ambition which he would rather have fall upon Servants that His Son might ascend the Throne free and unburthened with the discontents of any This was the rather believed because He could dispence Honours where and when He pleased as He did to some of His own Houshold as Sir Robert Cary was made Lord Cary of Lepington Sir Thomas Howard Viscount Andover and Sir John Vaughan Lord of Molingar in Ireland The Evenness of His Spirit was discovered in the loss of His Mother An. 1618 whose Death presaged as some thought by that notorious Comet which appeared Nov. 18. before happened on March 2. Anno 1618. which He bewailed with a just measure of Grief without any affected Sorrows though she was most affectionate to Him above all her other Children and at her Funeral he would be chief Mourner The Death of the Queen was not long after followed with a sharp Sickness of the King wherein his Life seeming in danger the consequences of his Death began to be lamented Dr Andrews then Bishop of Ely bewailed the sad Condition of the Church if God should at that time determine the days of the King The Prince being then only conversant with Scotch men which made up the greatest part of his Family and were ill-affected to the Government and Worship of the Church of England Of this the King became so sensible that he made a Vow If God should please to restore his Health he would so instruct the Prince in the Controversies of Religion as should secure His affections to the present Establishment Which he did with so much success as he assured the Chaplains who were to wait on the Prince in Spain that He was able to moderate in any emergent Disputations which yet he charged them to decline if possible At which they smiling he earnestly added That CHARLES should manage a Point in Controversy with the best-studied Divine of them all In His 19th Year An. 1619 on March 24. which was the Anniversary of King James's coming to the Crown of England He performed a Justing at White-hall together with several of
the Nobility wherein He acquitted Himself with a Bravery equal to his Dignity And on the Sunday following attending His Father to the Sermon at St Paul's Cross and to the Service inthe Quire He shewed as much humble Devotion there as He had manifested Princely Gallantry in his Justs admired and applauded by the People for His Accomplishments in the Arts both of War and Peace That he could behave Himself humbly towards His God and bravely towards his Enemy pleased with the hardiness of His Body and ravished with his more generous Mind that the Pleasures of the Court had not softned one to Sloth nor the supremest Fortune debauched the other to Impiety Confident in these An. 1622 and other evidences of a wise Conduct the King without acquainting his Counsel sends the Prince into Spain there to Contract a Marriage with the Infanta and as a part of the Portion to recover the Palatinate which His Sisters Husband had lost and was by the Emperour cantel'd to the Duke of Bavaria and the King of Spain And herein He was to Combate all the Artists of State in that Court the practices of that Church and put an Issue to that Treaty wherein the Lord Digby though much conversant in the Intriegues of that Council had been long cajoled To that Place he was to pass Incognito accompanied only with the Marquess of Buckingham Mr Endymion Porter and Mr Francis Cottington through France where to satisfy His Curiosity and shew Himself to Love He attempted and enjoyed a view of the Court at Paris and there received the first Impression of that Excellent Princess who was by Heaven destined to His Chast Embraces Satisfied with that sight no lesser enjoyments of any Pleasure in that great Kingdom nor Vanity of Youth which is hardly curbed when it is allyed to Power could tempt His stay or a discovery of His Greatness but with a speed answerable to an active Body and Mind He out-stripped the French Posts which were sent to stop Him although that King had intelligence of His being within his Dominions immediately after their departure from the Louvre The certain news of His safe arrival at Madrid drew after Him from hence a Princely Train and raised the Censures of the World upon the King As being too forgetful of the Inhospitality of Princes to each other who when either Design Tempests or Necessity have driven their Rivals in Majesty upon their Coasts without a Caution they let them not part without some Tribute to their Interest and a fresh Example of this was in the King 's own Mother who seeking Refuge in England with her Sister Queen Elizabeth from a Storm at Home did lose both her Liberty and Life This none daring to mind the King of his Jester Archee made him sensible by telling him He came to change Caps with him Why said the King Because replyed Archée Thou hast sent the Prince into Spain from whence He is never like to return But said the King what wilt thou say when thou seest Him come back again Mary says the Jester I will take off the Fools Cap which I now put upon thy Head for sending Him thither and put it on the King of Spain's for letting him return This so awakened the King's apprehension of the Prince's danger that it drove him into an exceeding Melancholy from which he was never free till he was assured of the Prince's return to his own Dominions which was his Fleet in the Sea and that was not long after For notwithstanding the contrasts of his two prime Ministers there Buckingham and Bristol which were sufficient to amaze an ordinary Prudence and disturb the Counsels of so young a Beginner in the Mysteries of Empire and the Arts of Experienced Conclaves the impetuous attempts of the Spanish Clergy either for a change of His Religion or a Toleration of theirs the Spleen of Olivares whom Buckingham had exasperated He so dexterously managed the Treaty of Marriage that all the Articles and Circumstances were solemnly sworn to by both Kings By a civil Letter to the Pope which His Enemies Malice afterwards took as an occasion of Slander He procured a civil return with the grant of a Dispensation baffled the hopes of their Clergy by his Constancy in his own Profession and vindicated it from the odious aspersions of their Priests by causing our Liturgy to be translated into the Spanish Tongue and by His generous mien enthralled the Infanta for whom He had exposed His Liberty Yet having an insight into the practices of that Court that they would not put the Restitution of the Palatinate into the consideration of the Portion but reserve it as a Super-foetation of the Spanish Love and as an opportunity for the Infanta to reconcile the English Spirits who were heated by the late Wars into an hatred of the Spaniards and that this was but to lengthen out the Treaty till they had wholly brought the Palatinate under their Power He conformed His mind to the resolves of His Father who said He would never marry his Son with a Portion of His only Sister's Tears and therefore inclined to a Rupture But concealing His Purpose and dissembling His Knowledge of their Designs He consulted His own Safety and Return which His Father's Letters commanded which He so prudently acquired that the King of Spain parted from Him with all those endearments with which departing Friends ceremoniate their Farewells having satisfied him by a Proxie left with the Earl of Bristol to be delivered when the Dispensation was come Which as soon as He was safe on Shipboard by a private Express He commanded him to keep in his hands till further Order His return to England An. 1623 which was in October 1623. was entertained with so much joy and thanksgiving as if He had been the happy Genius of the whole Nation and his entrance into London was as a triumph for His Wisdom their Bonfires lengthned out the day and their Bells by uncessant ringing forbad sleep to those Eyes which were refreshed with His sight Nor could the People by age or sickness be confined at home but despising the prescriptions of their Physicians went to meet Him as restored Health When He had given the King an account of His Voyage and the Spanish Counsels not to restore the Palatinate a Parliament was summoned which was so zealous of the Honour of the Prince that both Houses voted an Address to his Majesty that he would no longer treat but begin a War with Spain and desiring the Prince's mediation who was always ready to gratifie the Nation therein to his Father they assured Him they would stand by Him with their Lives and Fortunes but yet when the War with the Crown descended unto Him they shamefully deserted Him in the beginning of His Reign When neither a Wife nor Peace was any longer to be expected from Spain both were sought for from France by a Marriage with Henrietta Maria the youngest Daughter of Henry the IV.
provision of Arms and Powder out of England that the Court was extreamly corrupted and that the matters of Church and State were so out of frame as must tend to a Change There were no Witnesses and the Defendant denying what the Appellant affirmed the Tryal was thought must be by Duel In order to which the King grants a Commission for a Court-Marshal where though the presumptions of Ramsey's guilt were more heightned yet the King hinders any further process by Combat which is doubted whether it be lawful either thinking none so foolish as to strive for Empire which He found so full of Trouble or knowing that Magistracy being the sole Gift of Heaven it was vain to commit a Crime in hope of enjoying it or in fear of losing it which was the Principle upon which Excellent Princes have neglected the diligent Inquisition of Conspiracies and fatally continues Hamilton in that favour as did enable him afterwards more falsly to act that Treason of which he was then accused Some Tumults in Ireland shewed a defect in that Government which made the King send over as Deputy thither the Lord Wentworth An. 1632 a most accomplished Person in affairs of Rule of great Abilities equal to a Minister of State The King 's choice of him he soon justified by reducing that tumultuary people to such a condition of Peace and security as it had never been since its first annexion to this Crown and made it pay for the Charges of its own Government which before was deducted out of the English Treasury their Peace and Laws now opening accesses for Plenty This enjoyment of Peace and Plenty through all the King's Dominions made Him mindful of employing some fruits of it to the Honour of that God that caused it and not to let so great a Prosperity wholly corrupt the minds of men to a neglect of Religion which is usual He shewed his own Zeal for the Ornaments of it and spent part of His Treasure towards the repair of St Paul's Church and by His Example Admonitions and Commands drew many of His Subjects to a Contribution for it and had restored it to its primitive lustre and firmness adorned it to a magnificence equal with the Structure which is supposed the goodliest in the Christian World had not the Malice of His Enemies forced him to Arms mingled His Mortar with the blood of innocent people and sacrilegiously diverted all the Treasure and Materials gathered for this pious design to maintain an impious and unjust War and afterwards to dishonour His cares for Religion they barbarously made it a Stable for their Horse and Quarters for their unhallowed Foot Some reasons of State drew the King from London An. 1633 May 13. to receive the Imperial Crown of Scotland Himself professed that He had no great stomach to the Journey nor delight in the Nation being a race of men that under the Scheme of an honest animosity and specious plain-dealing were most perfidious A full Character of their great Movers Yet as He had been nobly treated all along His Journey by the English Nobility so was He there magnificently received and crowned at Edinburgh June 10th But the King soon found all those Caresses false For the Nobility and Laick Patrons could not concoct His Revocation though legal and innocent of such things as had been stoln from the Crown during His Father's Minority with a Commission for Surrendry of Superiorities and Tithes to be retaken from the King by the present Occupants who could as then pretend no other Title than the unjust usurpation of their Ancestors on such conditions as might bring some Profit to the Crown to which they justly belonged some Augmentation of the Clergy and far more ease and benefit to the common People whom by advantage of those illegal Tenures they oppressed with a most bitter Vassalage This Act of His Majesty being so full of equity and publick good those whose greatness was builded upon Injustice did not bare-facedly oppose it but endeavoured to hinder that and all the other designs of Peace and Order by opposing in the Parliament next after the Coronation the Act of Ratification of all those Laws which King James had made in that Nation for the better regulating the affairs of that Church both as to the Government and Worship of it This was highly opposed by such as were sensible of their diminution by a legal restitution of their unrighteous Possessions And although the King carried it by the major part of Voices yet to prevent their own fires with the publick Ruine they did most assiduously slander it among the People as the abetting of Popery and the betraying their Spiritual Liberty to the Romish yoke These Calumnies received more credit by the King's Order for a more decent and reverend Worship of God at His Royal Chappel at Edinburgh conformably to the English Usage Their noise grew lowder by the Concent of their party of Malecontents in England who also took advantage to diffuse their poison from the King's Book of Sports which King JAMES had in his time published in Lancashire and was now ratified by King CHARLES for a more universal Observance The Occasision of which was the Apostasie of many to Popery whose Doctrines and Practices are more indulgent to the licentious through the rigid Opinion of some Preachers who equall'd all Recreations on the Sabbath as they call'd it to the most prodigious transgressions On the contrary some of the ignorant Teachers had perverted many to down-right Judaisme by the consequence of so strict an Observance of the Sabbath And some over-busie Justices of Peace had suppressed all the ancient Feasts of the Dedications of Churches The King therefore intended by this Edict to obstruct the success of the Enemies on both sides and to free His People from the yoke of this Superstition But such is the weakness of Humane Prudence that the Remedies it applies to one Inconvenience are pregnant of another and whereas the Generality of men seldom do good but as necessitated by Law when Liberty is indulged all things are soon filled with Disorder and Confusion And so it happened in this that the Vulgar abusing the King's Liberty which was no more than is granted in other Protestant Churches and committing many undecencies made many well-temper'd Spirits too capable and credulous of those importunate Calumnies of the Faction that His Majesty was not well-affected to Religion The boldness of the Pickeroons An. 1634 Turks and Dunkirk-Pirates infesting our Coasts damaging our Traffique the Usurpation of the Holland Fishers on the King's Dominion in the Narrow Seas and His Right disputed in a Tract by the Learned Grotius call the King 's next Cares for His own Honour and the People's Safety But the Remedy appeared exceeding difficult the furnishing of a Navy for so honourable an undertaking being too heavy a burden for His Exchequer which although not emptied by any luxuriant Feasts nor profusely wasted on some prodigal and unthirsty Favourite
nor lavished on ambitious designs from all which destructions of Treasure no King was more free was but just sufficient for ordinary and necessary Expences of State and Majesty And though it was most just for Him to expect the Peoples Contribution to their own Safety who were never richer than now nor had they ever more Security for their Riches than they now had by his Concessions of Liberty yet knowing how powerful the Faction alwaies was to disturb the Counsels of Parliament He feared that from their Proceedings the common Enemies would be incouraged as formerly to higher Insolencies and the envious Demagogues would contemn their own safety to ruine His Honour He also accounted it a great unhappiness to be necessitated to maintain His State by extraordinary waies and therefore refused to renew Privie Seals and Loans the use of which He debarred Himself of in granting the Petition of Right Therefore consults His Atturney-General Noy whether the Prerogative had yet any thing left to save an unwilling people Noy acquaints Him with Ancient Precedents of raising a Tax upon the Nation for setting forth a Navie in case of danger and assures Him of the Legality of the way in proceeding by Writs to that effect Which Counsel being embraced there were Writs directed to the several Counties for such a Contribution that in the whole might build furnish and maintain Forty Seven Ships for the safety of the Kingdom And by these the King soon secured and calmed the Seas but the Faction endeavoured to raise a Tempest at Land They complained of Invasions on their Spiritual Liberties An. 1635 because the Bishops endeavoured in these years to reduce the Ceremonies of the Church to their primitive Observance of which a long Prosperity had made men negligent and time had done that to the Spiritual Body which it doth to the Natural dayly amassed those Corruptions which at length will stand in need of cure Therefore when they took this proper Method of reforming a corrupted State in bringing things back to their Original Institution both His Majesty and they were defamed with designs of Popery This Tax of Ship-money was pretended a breach to their Civil Liberties and contrary to Law because not laid by a Parliament Therefore those who sought the People's favour to alter the present Government by seeming the singular Patrons of their Rights An. 1636 refused to pay the Tax and stood it out to a Trial at Law The Just Prince declined not the Tryal and permitted Monarchy and Liberty to plead at the same Bar. All the Judges of the Land did justifie by their Subscriptions that it was legal for the King to levy such a Tax and their Subscriptions were enrolled in all the Courts of Westminster-Hall And when it came to be argued in the Exchequer-Chamber ten of them absolutely declared for it only two Crook and Hutton openly dissented from that Opinion to which they had formerly subscribed not without the ignominy of Levity unbeseeming their places And as the King was thus victorious in the Law so was He at Sea and having curbed the Pirates He also reduced the Hollanders to a precarious use of His Seas Amidst all these Difficulties and Calumnies the King hitherto had so governed that sober men could not pray for nor Heaven grant in Mercy to a People any greater Happiness than what His Reign did afford The British Empire never more flourished with Magnificent Edifices the Trade of the Nation had brought the Wealth of the Indies home to our doors Learning and all good Sciences were so cherished that they grew to Admiration and many Arts of the Ancients buried and forgotten by time were revived again No Subjects under the Sun richer and which was the effect of that none prouder Security increased the Husband-mans stock and Justice preserved his Life none being condemned as to Life but by the lawful Verdict of those of an equal Condition the Jury of his Peers The poor might Reverence but needed not Fear the Great and the Great though he might despise yet could not injure his more obscure Neighbour And all things were so administred that they seemed to conspire to the Publick good except that they made our Happiness too much the cause of all Civil Commotions and brought our Felicity to that height that by the necessity of Humane Nature which hath placed all things in motion it must necessarily decline And God provoked by our sins did no longer restrain and obstruct the arts and fury of some wicked men who contemning their present certain enjoyments hoped for more wicked acquisitions in publick Troubles to overwhelm every part of the King's Dominions with a Deluge of Blood and Misery and to commence that War which as it was horrid with much slaughter so it was memorable with the Experiences of His Majesties Vertues Confusions like Winds from every Coast at once assaulting and trying His Righteous Soul The first Storm arose from the North and the flame first broke out in Scotland where those Lords who feared they should lose their spoils of Religion and Majesty took all occasions to hasten the publick Misery which at last most heavily lay upon their Country the hands they had strengthned and instructed to fight against their Prince laying a more unsupportable slavery upon them then their most impious Slanders could form in the imaginations of the credulous that they might fear from the King by calumniating the King's Government raising fears of Tyranny and Idolatry forming and spreading seditious Libels The Author or at least the Abettor of one of which was found to be the Lord Balmerino a Traitor by Nature being the Son of one who had before merited Death for his Treasons to King James yet found that mercy from him as the Son now did from King Charles to have his Life and Estate continued after condemnation Yet this perfidious man interpreted the King's Clemencie for his own Vertue and he that had dared such a Crime could not be changed by the Pardon of it and as if he had rather received an Injury than Life he was the most active in the approaching Rebellion For the Rabble An. 1637 that delights in Tumults were fitted by this and other Boutefeus for any occasion of contemning the King's Authority though His designs that were thus displeasing to the Noblefs were evidently for the benefit of the Populacy and at last took fire from the Liturgie something differing from ours lest a full consent might argue a dependency upon the Church of England which some Scotish Bishops had composed and presented to the King for the use of their Church which the King who was desirous that those who were united under His Command might not be divided in Worship confirmed and appointed to be first read July 13. at Edinburgh a City always pregnant with suspicions and false rumours But it was entertained with all the instruments of Fury that were present to a debauched multitude for they flung Cudgels and Sticks at
the Dean of Edinburgh while he was performing his Office and after that was done re-inforced their assault upon the Bishops whom the Earls of Roxbrough and Traquaire pretended to protect who indured some affronts that their Patience might provoke a greater rage in the Multitude which a vigorous punishment had easily extinguish'd For they that are fierce in a croud being singled through their particular fears become obedient And that Rabble that talks high against the determinations of their Prince when danger from the Laws is within their ken distrust their Companions and return to subjection But it soon appeared that this was not the bare effort of a mutinous Multitude but a long-formed Conspiracy and to this Multitude whose present terrour was great yet would have been contemptible in a short space there appeared Parties to head them of several Orders Who presently digested their Partisans into several Tables and concocted this Mutiny into a formal Rebellion To prosecute which they mutually obliged themselves and the whole Nation in a Covenant to extirpate Episcopacy and whatsoever they pleased to brand with the odious names of Heresie and Superstition and to defend each other against all Persons not excepting the King To reduce this people to more peaceful Practices the King sends Marquess Hamilton one who being caressed by His Majestie 's Favour had risen to such a degree of Wealth and Greatness that now he dreamed of nothing less than Empire to bring his Power to perfection at least to be Monarch of Scotland to which he had some pretensions by his birth as His Commissioner Who with a species of Loyalty dissembled that pleasure which he took in the opposition of the Covenanters whose first motions were secretly directed by his Counsels and those of his Dependents Traquair and Roxbrough for all his Allies were of that Party contrary to the custom of that Country where all the Members of a Family espouse the part of their Head though in the utmost danger and his Mother rid armed with Pistols at her Saddle-bow for defence of the Covenant By his actings there new seeds of Discontents and War were dayly sown and his Oppositions so faint that he rather encreased than allayed their fury By several returns to His Majesty for new Instructions he gave time to the Rebels to consolidate their Conspiracy to call home their Exiles of Poverty that were in Foreign Armies and provide Arms for open Force By his false representations of the state of things he induced the King to temporize with the too-potent Corruption of that Nation an Artifice King JAMES had sometimes practised and by granting their desires to make them sensible of the Evils which would flow from their own Counsels Therefore the King gave Order for revoking the Liturgy the High-Commission the Book of Canons and the Five Articles of Perth But the Covenanters were more insolent by these Concessions because they had gotten that by unlawful courses and unjust force which Modesty and Submission had never obtained and imputing these Grants to the King's Weakness not His Goodness they proceeded to bolder Attempts Indicted an Assembly without Him in which they abolished Episcopacy excommunicated the Bishops and all that adhered to them Afterwards they seised upon the King's Revenue surprised His Forts and Castles and at last put themselves into Arms. Provoked with these Injuries the King amasses a gallant Army in which was a very great appearance of Lords and Gentlemen and with these marches and incamps within two miles of Berwick within sight of the Enemy But their present Condition being such as could endure neither War nor Peace they endeavoured to dissipate that Army which they could not overthrow by a pretence to a Pacification For which they petitioned the King who yielded unto it out of His innate tenderness of His Subjects Blood So an Accord was made June 17. An. 1639 and the King disbands His Army expecting the Scots should do the like according to the Articles of Agreement But they being delivered from Fear would not be restrained by Shame from breaking their Faith For no sooner had the King disbanded but they protested against the Pacification printed many false Copies of it that might represent it dishonourable to the King retained their Officers in pay changed the old Form of holding Parliaments invaded the Prerogatives of the Crown and sollicited the French King for an aid of Men and Money This perfidious abuse of His Majestie 's Clemency made those that judge of Counsels by the issue to censure the King's Facility Some wondred how He could imagine there would be any Moderation in so corrupt a Generation of Men and that they who had broken the Peace out of a desire of War should now lay aside their Arms out of a love to Quiet That there would be alwaies the same causes to the Scots of disturbing England and opposing Government their unquiet Nature and Covetousness therefore unless some strong impression made them either unable or unwilling to distract our quiet the King was to look for a speedy return of their Injuries Others attributed the Accord to the King's sense that some eminent Officers in his own Camp were polluted with Counsels not different from the Covenanters and that Hamilton His Admiral had betrayed the seasons of fighting by riding quietly in the Forth of Edinburgh and had secret Conference with his Mother the great Nurse of the Covenant on Shipboard But most referred it to the King 's innate tenderness of His Subjects Blood and to His Prudence not to defile His Glory with the overthrow which seemed probable of a contemptible Enemy where the gains of the Victory could not balance the hazards of attempting it While Men thus discourse of the Scots Perfidiousness An. 1640 the King prepares for another Army and in order thereto calls a Parliament in Ireland and another in England for assistances against the Rebels in Scotland The Irish granted Money to raise and pay Eight Thousand Men in Arms and furnish them with Ammunition Yet this Example with the King's account of the Injuries done to Him and this Nation by the Scots and his promise of for ever acquitting them of Ship-money if now they would freely assist Him prevailed nothing upon the English Parliament whom the Faction drew aside to other Counsels And when the King sent Sr Henry Vane to remind them of His desires and to demand Twelve Subsidies yet to accept of Six but he industriously as was collected from his own and his Sons following practices insisted upon the Twelve without insinuation of the lesser quantity His Majesty would be contented with which gave such an opportunity and matter for seditious Harangues that the House was so exasperated as that they were about to Remonstrate against the War with Scotland To prevent this ominous effect of the falseness of His Servant the King was forced to dissolve the Parliament May 5. yet continued the Convocation which granted Him Four Shillings in the Pound for
whether by a prosperous Success they could change their Crimes to Vertue Therefore they hastened all they could to raise Horse and Foot to form an Army equal to their Usurpation which was not difficult for them to do for they being Masters of London whose multitudes desirous of Novelty were easily amassed for any enterprise especially when the entring into this Warfare might make the Servant freer than his Master for such was the Licence was indulged to those Youths that would serve the Cause 20000 were sooner gathered that the King could get 500. The City also could afford them more Ordnance than the King could promise to Himself common Muskets and to pay their Souldiers besides the vast summs that were gathered for Ireland which though they by their own Act had decreed should not be used for any other enterprise yet now dispense with their Faith and imploy it to make England as miserable as that Island and the Contributions of the deluded Souls for this War they seized also upon the Revenues of the King Queen Prince and Bishops and plunder the Houses of those Lords and Gentlemen whom they suspected to be Favourers of the King's Cause And in contemplation of these advantages they promised their credulous Party an undoubted Victory and to lead Majesty Captive in Triumph through London within a Month by the Conduct of the Earl of Essex whom they appointed General Thus did they drive that Just and Gracious Prince to seek His Safety by necessary Arms since nothing worse could befall Him after a stout though unhappy Resistance than He was to hope for in a tame Submission to their Violence Therefore though He perfectly abhorred those Sins which are the Consequences of War yet He wanted not Courage to attempt at Victory notwithstanding it seemed almost impossible against so well-appointed an Enemy Therefore with an incredible diligence moving from place to place from York to Nottingham from thence to Shrewsbury and the Confines of Wales by discovering those Abilities with which His Soul was richly fraught unto His deluded Subjects He appeared not only worthy of their Reverence but of their Lives and Fortunes for His Defence and in all places incouraging the Good with His Commendations exciting the fearful by His Example dissembling the Imperfections of His Friends but alwaies praising their Vertues He so prevailed upon those who were not Men of many Times nor by a former Guilt debauch'd to Inhumanity that He had quickly contracted an Army greater than His Enemies expected and which was every day increased by those Lords and Gentlemen who refused to be polluted any longer with the practices of the Faction by sitting among them and being Persons of large Fortunes had raised their Friends and Tenants to succour that Majesty that now laboured under an Eclipse Most Men being moved with Pity and Shame to see their Prince whose former Reign had made them wanton in Plenty to be driven from His own Palaces and concluded under a want of Bread to be necessitated to implore their Aid for the Preservation of His and their Rights So that notwithstanding all the Impostures of the Faction and the Corruptions of the Age there were many great Examples of Loyalty and Vertue Many Noble Persons did almost impoverish themselves to supply the King with Men and Money Some Private Men made their way through numerous dangers to joyn with the fight under His Colours Many great Ladies and vertuous Matrons parted with the Ornaments of their Sex to relieve His wants and some bravely defended their Houses in His Cause when their Lords were otherwhere seeking Honour in His service Both the Universities freely devoted their Plate to succour their Prince the Supreme Patron and Incourager of all Learning and the Queen pawned Her Jewels to provide necessaries for the Safety of Her Husband Which Duty of Hers though it deserved the Honour of all Ages was branded by the Demagogues with the imputation of Treason This sudden and unexpected growth of the Strength of the King after so many years of Slanders and such industrious Plots to make him odious and contemptible raised the admiration of all Men and the fears of the credulous Party who had given up their Faith to the Faction when they represented the King guilty of so much Folly and Vice and some corrupted Citizens had represented Him as a Prodigie of both in a Scene at Guild-Hall in London an Art used by Jesuites to impress more deeply a Calumny that they could not imagine any Person of Prudence or Conscience would appear in His Service and they expected every day when deserted by all as a Monster He should in Chains deliver Himself up to the Commands of the Parliament Some attributed this strange increase in power to the natural Affection of the English to their Lawful Sovereign from whom though the Arts and Impulses of Seditiouc Demagogues may a while estrange and divorce their minds yet their Genius will irresistibly at last force them to their first Love and therefore they urged the saying of that Observing States-man that if the Crown of England were placed but on a Hedge-stake he would be on that side where the Crown was Others referred it to the full evidence of the wickedness of His Adversaries for their Counsels were now discovered and their Ends manifest not to maintain the common Liberty which was equally hateful to them as Tyranny when it was not in their hands but to acquire a Grandeur and Power that might secure and administer to their Lusts and it was now every where published what Mr Hambden answered to one who inquired What he did expect from the King he replied That He should commit Himself and all that is His to our Care Others ascribed it to the fears of ruine to those numerous Families and Myriads of People which the change of Government designed by the Parliament must necessarily effect But this though it argued that Cause exceeding bad by which so great a part of a Community is utterly destroyed without any absolute necessity for preserving the whole yet made but an inconsiderable Addition to the King whose greatest Power was built upon Persons of the Noblest Extract and the fairest Estates in England of which they could not easily suspect to be devested without an absolute overthrow of all the Laws of Right and Wrong which nevertheless was to be feared by their invasions on the King's most undoubted Rights For when Majesty it self is assaulted there can be no security for private Fortunes and those that decline upon design from the paths of Equity will never rest till they come to the Extremity of Injustice as these afterwards did Besides those that imputed the speedy amassing of these Forces to the Equity of the King's Cause His most Powerful Eloquence indesatigable Industry and most Obliging Converse there were another sort that suspending their Judgments till all the Scenes of War were passed resolved all into the Providence of God Who though He were pleased
to single Him out of all the Kings of the Earth as the fittest Champion to wrestle with Adversity and to make Him glorious by Sufferings which being well born truly prove men Great yet would He furnish Him almost by a Miracle likewise with such Advantages in the conduct of which His Prudence and Magnanimity might evidence that He did deserve Propserity and by clearing up even this way His eminent Vertues warn the following Ages from a Credulity to unquiet Persons since the best of Princes was thus infamously slandered From all these concurring Causes each one in their Way and Order did the King's Strength so far increase as that He won many Battles and was not far from Conquest in the Whole War had not God seen fit to afflict this sinful Nation with Numerous and most Impious Tyrants and make us feel that no Oppressions are so unsupportable as those which are imposed by such as have made the highest Pretensions to Liberty of which we had bitter experience after the War was finished that was now begun For there had been some slight Conflicts ere this in the several Countries betwixt the Commissioners of Array and the Militia with various Successes which require just Volumes and compleat Histories to relate and cannot be comprehended in the short View of the King's Life where it is only intended to speak of those Battles in which the King in Person gave sufficient evidence of His Wisdom and Valour The first of which was at Edge-Hill on Oct. 23. For the King had no sooner gotten a considerable Force though not equal to those of His Enemies but He matched towards London and in His way thither met with Essex's Army that were come from thence to take Him The King having viewed their Army by a Prospective-glass from the top of that Hill and being asked afterwards by His Officers what He meant to do To give them battle said He with a present Courage it is the first time I ever saw the Rebels in a Body God and good Mens Prayers to Him assist the Justice of My Cause and immediately prepared for the Fight which was acted with such a Fury that near 6000 were slain according to the common account but some say a far less number were slain upon the place Night concluded this Battle which had comprehended the whole War had not the King 's prevailing Horse preferr'd the Spoils to Victory and left the Enemy some advantage to dispute for her But the King had all the fairest marks of her Favour For though He had lost His General yet he kept the Field possessed the dead Bodies opened His way toward London and in the sight of some part of the Army of Essex who accounted it a Victory that He was not totally routed and killed took Banbury and entred Triumphantly into Oxford which He had designed for His Winter-quarters with 150 Colours taken in fight And having assured that place He advances towards London whither Essex had gotten before Him and disposed his baffled Regiments within 10 Miles of the City yet the King fell upon two Regiments of them at Brainford took 500 Prisoners and sunk their Ordnance From thence intending to draw nearer London He had intelligence that the City had powred forth all their Auxiliaries to re-inforce Essex's Troops to which being unwilling to oppose His Souldiers wearied with their March nor thinking it safe to force an Enemy to fight upon Necessity which inspires a more than Ordinary Fury He retreats to Oxford having taught His Enemies that He was not easily to be overcome For in the management of this Battle He did not only undeceive the abused World of those Slanders which His Enemies had polluted Him with but He exceeded that Opinion His own Party had of His Abilities and though He parted from London altogether unexperienced in Martial Affairs yet at Edge-Hill He appeared a most Excellent Commander His Valour was also equal to His Prudence and He could as well endure Labours as despise Dangers And by a communication of toils encouraged His Souldiers to keep the Field all the Night when they saw He refused the refreshments of a Bed for He sought no other Shelter from the injuries of the Air than His own Coach These Vertues and this Success made such an impression on the Parliament that though they took all courses to hide the Infamy of their worsted Army yet in more humble Expressions than formerly they Petitioned the King for a Treaty of Peace which His Majesty very earnestly embraced But the Faction who were frighted with these Tendencies to an Accommodation cause some of the City to Petition against it and to make proffer of their Lives and Fortunes for the prosecution of the War Encouraged by this they form their Propositions like the Commands of Conquerours and so streighten the Power and time of their Commissioners that the Treaty at Oxford became fruitless which there had taken up all the King's Employment this Winter though abroad His Forces were busie in several Parts of the Nation not without Honour At the Opening of the Spring the Queen comes back to England An. 1643 bringing with Her some considerable Supplies of Men Money and Ammunition and Her coming was entertained with such a Series of Successes that the King that Summer was Master of the North and West except some few Garrisons Which so dismaied the Parliament that very many of them were preparing to quit the Kingdom and had the King followed His own Counsels to march immediately towards London and not been fatally over-born at a Council of War which it is said His Enemies at London did assure their Party would so be first to attempt Gloucester He had in the judgment of all discerning men then finished the War with Glory But here He lay so long till Essex had gotten a Recruit from London and came time enough to Relieve the Town though in his Return the King necessitated him to fight worsted him near Newbery and so bravely followed him the next day that He forced the Parliaments Horse which were left in the Reer to seek their safety by making their way over a great part of their Foot yet lost on His side much Noble Blood as the Earls of Carnarvan and Sunderland and Viscount Falkland This last was lamented by all being equally dexterous at the Pen and Sword had won some Wreaths in those Controversies that were to be managed by Reason and was eminent in all the Generous parts of Learning above any of his Fortune and Dignity After this Encounter the King returns to Oxford to consult with those Members of both Houses that had left the Impostures and Tumults at London to joyn with Him for the Common Benefit who being as to the Peers the far greater and as to the Commons an equal Number with those at Westminster they assumed the Name and Authority of Parliament and deliberated of the ways of Peace and means to prevent the Desolations which the Faction so
Fight which being varied with different successes in the several divisions each party drew off by degrees and neither found cause to boast of a Victory The King being returned to Oxford the Parliament wearied with the Complaints of the oppressed Nation who now grew impatient under the Distractions take into Consideration His Majesty's two Messages for Peace and sent Propositions for it in the name of the two Parliaments of England and Scotland united by Solemn League and Covenant Which though they seemed the desires of minds that intended nothing less than the common Tranquillity yet the King neglects them not but hoping that in a Treaty Commissioners might argue them into Reason offers it which with much difficulty the Houses are drawn to accept but yet would have it at Vxbridge a place but about fifteen miles distant from London and above twice that distance from Oxford And accordingly Commissioners from both Parties met on Jan. 30. While the King was providing for the Treaty and forming Instructions for His Ministers the Faction found the Parliament other work by new designs and to habituate the People to an abhorrency of Peace fed them with blood The two Hothams first were to be the Sport of the Multitude and that the Father might have more than a single death he was drawn back in his journey to the Scaffold Decemb. 31. that his Son might be executed before him as he was Jan. 10. when after he had expressed his fury to those Masters whom they had served to their ruines his Head was chopt off And on Jan. 20. the Father is brought to the place that was defiled with his Son's blood and had his own added to it These were not much lamented by any for the memory that they first kindled the Flame of the Nation kept every eye dry The People thus fed with courser blood a cleaner Sacrifice was afterwards presented William Laud Archbishop of Canterbury and Primate of all England He had indured Imprisonment four years and passed through a Trial of many months in which he had acquitted himself with such a confidence as became the Innocency and Constancy of a Christian Bishop and Confessor but yet must fall to please the Scots and those merciless men who imputed God's anger in the difficulties of Success against their Prince to the continuance of this Prelate's life therefore he was voted guilty of High Treason by the House of Commons and was condemned in the House of Peers though they have no power over the life of the meanest Subject without the concurrence of the King when there were but seven Lords present and all those not consenting to the Murder to be drawn hanged and quartered And this was the first Example of murdering men by Votes of killing by an Order of Parliament when there is no Law It was moved they say by some that he might be shipp'd over to New-England to die by the Contempt and Malice of those People But this seemed too great an Honour because it would make his end as his life was much like that of the Primitive Bishops who for their Piety were banished to Barbarous Coasts or condemned to the Mines Or else it would be like an Athenian Ostracism and confess him too great and good to live among us Therefore this motion was rejected yet the Lords upon his Petition to the distaste of some Commons changed the manner of that vile Execution to that more generous of being beheaded To the Scaffold he was brought Jan. 10. after he had endured some affronts in his Antichamber in the Tower by some sons of Schism and Sedition who unseasonably that morning he was preparing himself to appear before the great Bishop of our Souls would have him give some satisfaction to the Godly for so they called themselves for his Persecutions which he called Discipline To whom he answered That he was now shortly to give account of all his Actions at an higher and more equal Tribunal and desired he might not be disturbed in his Preparations for it When he came to the Scene of his death he appeared with that chearfulness and serenity in his face as a good Conscience doth beautifie the owners with and it was so conspicuous that his Enemies who were ashamed to see his Innocency pourtraited in his Countenance did report he had drunk some Spirits to force his nature from a paleness He preached his own Funeral Sermon on that Text Heb. 12. 2. and concluding his life with Prayer submitted himself to the stroke of the Ax. He was a Person of so great Abilities which are the Designations of Nature to Dignity and Command that they raised him from low beginnings to the highest Office the Protestant Profession acknowledges in the Church And he was equal to it His Learning appear'd eminent in his Book against Fisher and his Piety illustrious in his Diary although published by One that was thirsty of his blood and polluted with many malicious comments and false Surmises to make him odious He was of so Publick a Spirit that both the Church and State have lasting Monuments of the Vertuous use of his Prince's favour at his Admittance into which he dedicated all the future Emoluments of it to the Glory of God and the Good of Men by a Projection of many noble Works most of which he accomplished and had finished the rest had not the Fate of the Nation checked the current of his Designs and cut off the Course of his Life He was not contented by himself only to serve his Generation for so he might have appeared more greedy of Fame than desirous of the Universal Benefit but he endeavoured to render all others as Heroick if they aimed at a Capacity for his Friendship for I have heard it from his Enemies no great man was admitted to a confidence and respect with him unless he made his Address by some Act that was for the Common Good or for the Ornament and Glory of the Protestant Faith Learned men had not a better Friend nor Learning it self a greater Advancer he searched all the Libraries of Asia and from several parts of the World purchased all the Ornaments and Helps of Literature he could that the English Church might have if possible by his Care as many Advantages for Knowledge as almost all Europe did contribute to the Grandeur of that of Rome The Outward Splendour of the Clergy was not more his Care than their Honour by a grave and pious Conversation he would put them into a power of doing more good but was severe against their Vices and Vanities He scorned a private Treasure and his Kindred were rather relieved than raised to any greatness by him In his Election of Friends he was determinated to the Good and Wise and such as had both Parts and Desires to profit the Church had his closest Embraces if otherwise it happened their frauds not his choice deserved the blame Both Papists and Sectaries were equally his Enemies one Party feared
and therefore did forsake it and turn Atheists Others that did still find the Inward Consolations of it yet feared openly to profess it lest they should be taken for those that pretended a Love to God that they might more securely destroy men Liberty also was now but an empty name for all the Common Prisons were too narrow to receive even those that did not dare to break the Laws so that the Houses of Noble men were converted to Gaols for those that were unfortunate in honest Enterprises where they were to languish with want and sickness and not be called to know their Offence or their Accusers because they had not guilt enough for a publick Condemnation Some were put a Ship-board in the midst of Summer there to contract Diseases Others were sold Slaves to forein Plantations Many to escape such nasty Confinements or an ignominious Torture fled from their Native Soil either to the Neighbouring Countries where they were the Evidences of the Infamy and Barbarousness of our Nation or seeking for Shelter in the Isles and Deserts of America polluted those Rocks and Seas with English Blood Propriety was no longer hedged up by Law but whom the Violence of the Souldier did not impoverish the Frauds of Committee-men would from whose Rapines none were secure that had not been as criminal as themselves and few safe that did not seek their favour and bow down to their Greatness These men taking advantage of the common evils to satisfie either their private revenge or lusts for their Proceedings were not regulated by the known Laws but the secret Instructions of their Masters in Parliament and Army or their own Pleasures were the Rules of administring Justice An honest Fame likewise was a Mark for Ruine for if any by just Arts had got the Esteem of the People and the Affections of His Neighbourhood and did not comply with their Interest first he was vexed with Slanders and Reproaches and afterwards with Sequestration especially if he were a Minister and it was their common Principle that an Honest Cavalier was the worst Enemy and a Cavalier Saint did the most hurt so that both their Vices and Vertues were equally hated Common Converse was dangerous for they had Informers in every place and Spies almost in every Family of Note Servants were corrupted to accuse their Masters and the Differences in Religion did injealous and arm the nearest Relations one against another Men out of a mutual distrust would hasten from Company to consult in private their peculiar Safety for they knew their Words were observed and their Secrets sought after Few Families but had by the Civil War some Loss to bewail some mourned over their disagreeing Members in different Camps and had cause to fear which side soever prospered they must be miserable in some part These and many more Miseries were more highly embittered by the uncertainty of a Remedy For the Parliament that had the name of Government were guilty of all these Reproaches of a Community being Slaves to those whose interest it was to keep us thus miserable and if at any time they were free from the yoke of the Army the two Sects kept them so divided each Party labouring by Votes and Counsels to circumvent the other that they could not mind the Universal Benefit Besides the power they exercised was too much to be well used for they engrossed the Legislative Authority and the Exercise of Jurisdiction So that they would make Laws according to their Interest and execute them according to their Lust this day's Vote should contradict the former day's Order and to morrow we must violate what to day we solemnly swore to observe so that men knew not what to obey nor where to rest Thus all hopes of Liberty and Peace were lost in the Confinement of the King who only was found able and willing to determine our Miseries For His Principles were Uniform and His Endeavours for a Settlement constant besides His Adversities had illustrated if not calcined His Endowments For now when He had no Friends Counsellors or Secretaries His Discourses with Commissioners upon their several Addresses and His Declarations of His own Injuries the Nations Slavery the Injustice of His and their Adversaries were so excellently and prudently managed that they undeceived the greatest part and reconciled many of His bitter Enemies therefore the whole Nation now panted for a Return to the Obedience of such an inestimable Prince These Considerations caused several attempts for His Deliverance some Private and others more Publick The first was managed by those Servants whom the Parliament had placed about Him for these won by His Goodness of which they were daily witnesses twice plotted His Escape and ventured their Lives for His Liberty but failed in both designs and the last being discovered before it could be put into action One Rolfe a bloody Villain that had also endeavoured to poison Him for which though he was publickly accused yet was acquitted by that Judge whom the Conspirators had employed to hear that Cause waited to kill Him as He should descend from His Chamber The more publick was that of the whole Nation An. 1648 for inraged with their own Oppressions and the Miseries of their Prince men in most Counties even of those that had adhered to the Parliament but now vexed that they had been so basely deluded draw up Petitions for a Personal Treaty with the King that the Armies Arrears being paid they should immediately be disbanded that Relief should be sent into Ireland and England quite eased of the Contribution which they could no longer bear To these Petitions there were such innumerable Subscriptions that the Officers of the Army and Parliament were mad to see their Threats of Sequestration Imprisonment and Death to make no Impression and the Promises they likewise made were slighted because discredited by their former Perjuries The first Petitioners were the Essex men who came in such Numbers as had not been seen before as if they would force not intreat for what was necessary After them those of Surrey whom by the command of the Officers and Parliament-men the Souldiers assault at the Parliament-Doors kill some wound more and plunder all and for this brave Exploit upon unarmed Petitioners they have the Thanks of the Commons and a Largess for their Valour that so the People might be affrighted from offering Petitions which before the very same men had declared to be the Birth-right of every English-man While men see and admire the Returns of the Divine Justice and the reciprocal motions of the Popular heat that the very same Parliament that first stirr'd up this way of tumultuary Petitions against the King now complained that the Honour and Safety of Parliaments was indangered by Petitions But all their Tyranny upon the complaining Nation prevailed nothing but to provoke them to a higher Indignation and more frequent Petitions And when they perceived they dealt with men obstinate to their own Interests which were not
there were Twenty Dissenters blush to assume the Authority of managing the weightiest affairs of the English Empire to alter and change the Government to expose His Majesty to a violent Murder and to overthrow the Ancient Fundamental Laws of the Kingdom For being wholly devoted to the service of the Army they communicated counsels with them and whatsoever was resolved at the Council of War passed into a Law by the Votes of this Infamous remnant of the House of Commons who now served the Souldiers in hopes of part of the Spoil and a precarious Greatness which being acquired by so much Wickedness could not be lasting In order therefore to the Army's design they revive those Votes of No Addresses to the King which had at first but surreptitiously and by base practices passed and had been afterwards repealed by a full House Those Votes of a Treaty with the King and of the Satisfactoriness of His Concessions with scorn they rased out of the Journal-Book And then proceeded to Vote 1. That the People under God are the Original of all Just Power 2. That the Commons of England assembled in Parliament being chosen by and representing the People have the Supreme Authority of this Nation 3. That whatsoever is enacted and declared for Law by the Commons of England assembled in Parliament by which they understood themselves hath the force of a Law 4. That all the People of this Nation are concluded thereby although the Consent and Concurrence of the King and House of Peers be not had thereunto 5. That to raise Arms against the People's Representative or Parliament and to make War upon them is High Treason 6. That the King Himself took Arms against the Parliament and on that account is guilty of the blood shed throughout the Civil War and that He ought to expiate the crime with His own blood Those that were less affected with the common Fears and Miseries could not temper their mirth and scorn at such ridiculous Usurpers that thought to adjust their Crimes by their own Votes that in one breath would adorn the People with the Spoils of Monarchy and in the next rob the People to invest themselves And it is said that even Cromwell who intended to ruine our Liberty was ashamed and scorned their so ready Slavery and afterwards did swear at the Table of an Independent Lord that he knew them to be Rascals and he would so serve them Others of more melancholy Complexions considering the baseness of these servile Tyrants and the humours of their barbarous masters the Souldiers all whose inhumanities they were to establish by a Law and that Power gotten by Wickedness cannot be used with the Modesty that is sit for just Magistrates justly feared that as under the King they had enjoyed the height of Liberty so under these men they were to be overwhelmed in the depth of Slavery and that these Votes which overturned the very Foundation of our Laws could not be designed but for some horrid Impiety and our lasting Bondage which came so to pass For in their next Consultations they constitute a Tribunal to sentence their Sovereign which afterwards they used as a Shambles for the most Loyal and Gallantest of the Nobless and People of the most abject Subjects and to procure a Reverence to the Vilest of men they give it the specious name of The High Court of Justice For which they appoint 150 Judges that the Number might seem to represent the whole Multitude of the most violent and heady of all the Faction To whom they give a power of citing hearing judging and punishing CHARLES STUART King of England To make up this Number they had named six Peers of the Upper House and the twelve Judges of the Land But the greatest part were Officers of the Army who having confederated against His Majesty and publickly required His Blood could not without a contempt to the light of Reason be appointed His Judges and Members of the Lower House who were most violent against Monarchy and indeed all Government wherein themselves had no share The rest were Persons pick'd out of the City of London and Suburbs thereof who they imagined would be most obsequious to their Lusts Those that surveyed the List and knew the men deemed them most unfit for a Trust of Justice and proper Instruments for any wicked undertaking for of these Judges one or two were Coblers others Brewers one a Goldsmith and many of them Mechanicks Such among them as were descended of ancient Families were Men of so mean worth that they were only like the Statues of their Ancestors had nothing but their Names to make them knownunto the World Some of them were Spend-thrifts Bankrupts such as could be neither safe nor free unless the Kingdom were in Bondage and most notorious Adulterers whose every Member was infamous with its proper Vice Vain and Atheistical in their Discourse Cowardly and Base in Spirit Bloody and Cruel in their Counsels and those Parts that cannot honestly be named were most dishonest One of them was accused of a Rape Another had published a Book of Blasphemies against the Trinity of the Deity Some of them could not hope to get impunity for their Oppressions of the Country and Expilations of the publick Treasure but by their ministry to this Murther Others could not promise themselves an advancement of their abject or declining Fortune but by this Iniquity Yet all these by the Faction were inrolled in the Register of Saints though fitter to standas Malefactors at the Bar than to sit upon Seats of Judgment And notwithstanding their diligent search for such a Number of Men who would not blush at nor fear any guilt some of those whom they had named in abhorrencie of the Impiety refused to sit and some that did yet met there in hopes of disturbing their Counsels All this while the House of Peers were not consulted and it was commonly supposed that most of them terrified with those Preparations against the King the only defence of the Nobless against the Popular Envie would absent themselves from that House except four or five that were the Darlings of the Faction and they deemed the Names and Compliance of those few were enough to give credit and Authority to their bloody Act. But in them they were disappointed also for some of the Peers did constantly meet and on that day wherein the Bill for Trial of the King was carried up to that House there were Seventeen then present a greater Number than usual who all Unanimously even the Democratick Lords not dissenting did reject the Bill as Dangerous and Illegal This so highly provoked the Fury of the Faction that they meditated a severe revenge and for the present blotted out those Peers whose Names they had before put into their Ordinance to make the Court more splendid After this they did also rase out the names of the Judges of the Land for they being privately consulted concerning these Proceedings against the King
the Ministers in the several Churches in London and in those parts of the Kingdom where His danger was known were very earnest in their Prayers to God for His Diliverance and Spiritual Assistance Some of them in their Sermons declared the horrour of that sin that was about to be committed detested the Impiety of the Parricides and denounced the heavy Judgments which such a sinful Nation polluted with their Prince's blood were to expect The Congregations were dissolved into Tears Some bewailed the sad Condition of the King as the effect of the Sins of the Nation Others cursed their damnable Credulity of the Slanders of that Just man and the promises of Liberty by their Impostors And another sort wept because their Fears did prognosticate those Miseries which the Issue of His blood would let in upon them And every one found matter of grief fear and indignation in the loss of so Excellent a Prince All countenances were full of sadness and astonishment there was no Tumults nor any Quiet every one listning and hearkning either as impatient to know the greatness of their Misery or greedy to receive some hopes of Comfort in their Sovereign's Safety otherwise there was a stilness like that which too strong Passions effect and might be thought a Stupidity rather than a Calmness The next day being Jan. 29. the King was permitted the sight of His Children His conference and words with them was taken in writing and communicated to the World by the Lady Elizabeth His Daughter a Lady of most eminent Endowments who though born in the supremest Fortune yet lived in continual Tears the passages of her Life being spent in beholding the Ruines of her Family and the Murther of her dear Father whom she not long survived but died in that Confinement to which they had cheated His Majesty in Carisbrook Castle in the Isle of Wight While these things were done in publick the Conspirators meet in private in a Committee to appoint every one their part in this Tragedy determine what Gestures they were to affect what Words they were to use as also for the manner place and time of the Murther In which Consultations both now and before the Sentence each one according to the bloodiness of his temperament or servilely to flatter Cromwell by their Cruelty to Him that did obstruct his Ambition did propose several ways either of contempt or hatred in killing their sentenced yet anointed Sovereign Some would have His Head and Quarters fastned upon Poles as it is usual with Traitors that the marks of their Curelty might out-last His Death Others would have Him hanged as they punished Thieves and Murtherers Others gave their Vote that He should suffer in His Royal Habiliments with His Crown and in His Robes that it might be a Triumph of the Peoples power over Kings At last they think it sufficient that He should lose His Head by the stroak of an Ax on a Scaffold near White-Hall Gates before the Banqueting-House that so from thence where He used to sit on His Throne and shew the Splendour of Majesty He might pass to His Grave there parting with the Ensigns of Royalty and laying them down as Spoils where He had before used them as the Ornaments of Empire Thus did they endeavour to make their Malice ingenious and provided Triumphs for their revenge And because they suspected or were informed that as the King had not owned their Authority so He would not submit to their Execution not willingly stoop to the Block they caused to be fastned in it some Iron Staples and Rings that by them with Cords they might draw Him down if He would not comply But His prudent Meekness prevented this Inhumanity and He died disowning their Authority though He could not escape their Power In the midst of these Preparations they cause some Souldiers to offer to His Majesty certain Articles and Conditions to which if He would subscribe they promise Life and the continuance of a precarious Empire either out of a Terrour and Fear of the consequents of their Impieties for the confidence of contriving great Crimes is often turned into a sollicitude when they come to be acted or out of Design to ruine His Conscience and Honour together with His mortal Life if He should consent But when one or two of them had been read to Him He refused to hear any more saying I will suffer a thousand deaths ere I will so prostitute my Honour or betray the Liberties of my People Thus mindful of Justice He would not deface the Splendor of His former Vertues with a too impotent desire of Life At last that Fatal Day Jan. 30. approached and that morning a little before His Death the Conspirators ordered some of their Ministers viz. Marshall Nye Caryl Salway and Dell to pray with Him as they said in order to His passage out of this Life but when these sent to let Him know the end of their coming He returned answer that He was busie they sent a second time and He replied that He was at His Devotions they importunately sent a third time and my Lord of London then desiring to know what answer he should give to satisfie them His Majesty then as unconcerned in their Ministery said My Lord you may give them what answer you please but I am resolved that they who have so often and so causelesly prayed against Me shall not in this My Agony pray with Me they may pray for Me if they please Therefore the King arming Himself with His own Devotions in the Offices of the Church of England in them found an unexpected Comfort for the Gospel for that Day being the History of the Passion of our Saviour did by that Example strengthen the King to follow Jesus and to take up His Cross and His Majesty was thankful for that Pattern Being thus confirmed by the Blood for He took the Sacrament that Morning and Sufferings of His LORD whose Vicegerent He was together with His own Innocency against the Terrors of Death He was brought from St James's through the Park to White-Hall walking very fast and with as chearful a Countenance as if He were going to Hunting a Recreation He was much pleased with often advising His slow guards to move faster adding I now go before you to strive for an Heavenly Crown with less sollicitude than I formerly have led My Souldiers for an Earthly Diadem And being come to the end of the Park He with much Alacrity went up the Stairs leading to the long Gallery in White-Hall and so into the Cabinet-Chamber where He continued some time in Devotion while they were fitting the Theatre of His Murther While these things were acting the Lord Fairfax who had always forborn any publick appearance in the practices of this Murther had taken up as is credibly reported some Resolutions either in abhorrency of the Crime or by the Solicitations of others with his own Regiment though none else should follow him to hinder the
took no notice of it although it was so weighty an Occurrence to have His prime Minister cut off in the busie Preparations for a great Design till He had finished His Addresses to Heaven and His Spirit was dismissed from the Throne of Grace to attend the Cares of that on Earth This was so clear an Evidence of a most fixed Devotion that those who built their Hopes upon His Reproaches slanderously imputed it to a secret Pleasure in the fall of him whose Greatness was now terrible to the Family that raised it which both His Majesties care of the Duke's Children afterwards as also the Consideration of His Condition did evince to be false and that the King neither hated him nor needed to fear him whom He could have ruined with a Frown and have obliged the People by permitting their Fury to pass upon him Besides His Majestie 's constant Diligence in those Duties did demonstrate that nothing but a principle of Holiness which is alwaies uniform both moved and assisted Him in those sacred Performances to which He was observed to go with an exceeding Alacrity as to a ravishing pleasure from which no lesser Pleasures nor Business were strong enough for a Diversion In the morning before He went to Hunting His beloved Sport the Chaplains were before Day call'd to their Ministry and when He was at Brainford among the Noise of Arms and near the Assaults of His Enemies He caused the Divine that then waited to perform his accustomed Service before He provided for Safety or attempted at Victory and would first gain upon the Love of Heaven and then afterwards repel the Malice of Men. Those that were appointed by the Parliament to attend Him in His Restraints wondred at His constant Devotions in His Closet and no Artifice of the Army was so likely to abuse Him to a Credulity of their good Intentions as the Permission of the Ministery of His Chaplains in the Worship of God a Mercy He valued to some of His Servants above that of enjoying Wife and Children At Sermons He carried Himself with such a Reverence and Attention that His Enemies which hated yet did even admire Him in it as if He were expecting new Instructions for Government from that God whose Deputy He was or a new Charter for a larger Empire and He was so careful not to neglect any of those Exercises that if on Tuesday Mornings on which Dayes there used to be Sermons at Court He were at any distance from thence He would ride hard to be present at the beginnings of them When the State of His Soul required He was as ready to perform those more severe parts of Religion which seem most distastful to Flesh and Blood And He never refused to take to Himself the shame of those Acts wherein He had transgressed that He might give Glory to His God For after the Army had forced Him from Holmeby and in their several removes had brought Him to Latmas an house of the Earl of Devonshire on Aug. 1. being Sunday in the Morning before Sermon He led forth with Him into the Garden the Reverend Dr Sheldon who then attended on Him and whom He was pleased to use as His Confessour and drawing out of His Pocket a Paper commanded him to read it transcribe it and so to deliver it to Him again This Paper contained several Vows which He had obliged His Soul unto for the Glory of His Maker the advance of true Piety and the emolument of the Church And among them this was one that He would do Publick Penance for the Injustice He had suffered to be done to the Earl of Strafford His consent to those Injuries that were done to the Church of England though at that time He had yielded to no more than the taking away of the High Commission and the Bishops power to Vote in Parliament and to the Church of Scotland and adjured the Dr that if ever he saw Him in a Condition to observe that or any of those Vows he should solicitously mind Him of the Obligations as he dreaded the guilt of the breach should ly upon His own Soul This voluntary submission to the Laws of Christianity exceeded that so memorable humiliation of the good Emperour Theodosius for he never bewailed the Blood of those seven thousand Men which in three hours space he caused to be spilt at Thessalonica till the resolution of St Ambrose made him sensible of the Crime But the Piety of King Charles anticipated the severity of a Confessor for those Offences to which He had been precipitated by the Violence of others This Zeal and Piety proceeded from the Dedication of His whole Soul to the Honour of His God for Religion was as Imperial in the Intellectual as in the Affectionate Faculties of it This Profession of the Church of England was His not so much by Education as Choice and He so well understood the Grounds of it that He valued them above all other Pretensions to Truth and was able to maintain it against all its Adversaries His Discourse with Henderson shews how just a Reverence He had for the Authority of the Catholick Church against the Pride and Ignorance of Schismaticks yet not to prostitute His Faith to the Adulterations of the Roman Infallibility and Traditions Nevertheless the most violent Slanders the Faction laboured to pollute Him with were those that rendred Him inclinable to Popery From which He was so averse that He could not forbear in His indearments to the Queen when He committed a secret to Her Breast which He would not trust to any other and when He admired and applauded Her affectionate Cares for His Honour and Safety in a Letter which He thought no Eye but Hers should have perused to let Her know that He still differ'd from Her in Religion for He says It is the only thing of Difference in Opinion betwixt Vs. Malice made the Slanderers blind and they published this Letter to the World than which there could not be a greater Evidence imaginable of the King 's most secret thoughts and Inward Sincerity nor a more shameful Conviction of their Impudence and damnable Falshood Nor did He only tell the Queen so but He made Her see it in His Actions For as soon as His Children were born it was His first Care to prevent the satisfaction of their Mother in baptizing them after the Rites of Her own Church When He was to Die a time most seasonable to speak Truth especially by Him who all His Life knew not how to Dissemble He declares His Profession in Religion to be the same with that which He found left by His Father King James How little the Papists credited what the Faction would have the World believe was too evident by the Conspiracies of their Fathers against His Life and Honour which the Discovery of Habernefield to whose relations the following practices against Him and the Church of England gained a belief brought to light They were mingled likewise
by the Power nor the Flatteries of Fortune And they are therefore mentioned to gratifie Posterity for men are curious to know all even the minute Passages of Great and Vertuous Persons Being free from Incontinency and Intemperance the gulphs of Treasure and Drayners of the Largest Exchequer He had no other Vice to exhaust the Publick Stock and so necessitate Him to fill it up by Oppressions but He would by Frugality make His Revenue sufficient for the Majesty of the Crown and the Necessities of the State His own Nature indeed inclined Him to Magnificence but the Vices of others did instruct Him to moderate Expences For He had found the Treasury low and the Debts great in His beginnings He was assaulted with two expensive Wars from the two great Potentates of Europe and the Faction had obstructed the usual way of Supplies by Parliaments Therefore He was to find a Mine in Vertue and by sparing from Vanities make provisions for necessary and glorious Enterprises which He did effect for in that short time of Peace which He enjoyed He satisfied all the Publick Debts so furnished and increased His Navy that it was the most considerable in the whole World supported His Confederate the King of Sweden and by Money inabled him for the Victories of Germany and so fill'd His own Treasury that it was able of it self to bear the weight of the first Scotch Expedition without the Aids of the Subject who were never more able to contribute to their own safety nor ever had more reason the swellings of that Nation breaking all the Banks and Fences of their Liberty and Happiness But the King would let them see that as by His Government He had made them rich He would also keep them so by His Frugality But those whose first care was to make Him necessitous and the next odious did brand it with the name of Covetousness which was as False as Malicious for He never spared when Just Designs call'd for Expences and was magnificent in Noble Undertakings as in the Repair of Paul's He was always Grateful although those men who measured their Services not by their Duties or their Merits but by their Expectations from His Fortune thought Him not Liberal He chose rather not to burthen His People by Subsidies than load particular Servants with unequal Bounties For Good Princes chuse to be loved rather for their Benefits to the Community than for those to private persons And it may be Vanity and Ostentation but not Liberality when the gifts of the Prince are not proportioned to the Common Necessity His sparings were like those of Indulgent Fathers that His Subjects as Children might have the more He never like subtle and rapacious Kings made or pretended a Necessity for Taxes but was troubled when He found it The Contributions of Parliament He esteemed not the increase of His peculiar Treasure but the Provisions for the Common Safety of which He would rather be accounted a Steward than a Lord. When Faction and Sedition so deluded the People that they could not see the preservation of the whole consisted in contributing some small part He freely parted with His own Inheritance to preserve intire to them the price of their Sweat and Labour As He had these Moral Vertues which are both the signatures of Majesty and the Ornaments of a Royal Spirit so He was no less compleat in the Intellectual His Understanding was as Comprehensive as His Just Power and He was Master of more sorts of Knowledge than He was of Nations How much He knew of the Mysteries and Controversies of Divinity was evident in His Discourses and Papers with Henderson and those at the Isle of Wight where He singly Disputed for Episcopacy one whole day against Fifteen Commissioners and their Four Chaplains the most experienced and subtle members of all the Opposite Party with so much Acuteness and Felicity that even His Opposers admired Him He so dexterously managed His Discourse with the Ministers that He made it evident they perswaded Him to that which they themselves judged unlawful and had condemned as Sacriledge when they pretended to satisfie the Scruples of His Conscience and to assure Him He might safely alienate the Church-Lands And the Commissioners sensible how unequal their Ministers were to discourse with Him for ever after silenced them and permitted no Disputes but by Papers At that time He exceeded the opinion of His friends about Him One of them said in astonishment that Certainly God had inspired Him Another that His Majesty was to a Wonder improved by His Privacies and Afflictions But a third that had had the Honour of a nearer Service assured them that the King was never less only He had now the opportunity of appearing in His full Magnitude In the Law of the Land He was as knowing as Himself said to the Parricides yet was no boaster of His own Parts as any Gentleman in England who did not profess the Publick Practice of it especially those Parts of it which concerned the Commerce between King and People In that Art which is peculiar to Princes Reason of State He knew as much as the most prosperous Contemporary Kings or their most exercised Ministers yet scorned to follow those Rules of it which lead from the Paths of Justice The Reserves that other Princes used in their Leagues and Contracts to colour the breaches of Faith and those inglorious and dark Intrigues of subtle Politicians He did perfectly abhor but His Letters Declarations Speeches Meditations are full of that Political Wisdom which is consistent with Christianity He had so quick an Insight into these Mysteries and so early arrived to the Knowledge of it that when He was young and had just gotten out of the Court and Power of Spain He censured the Weakness of that Mysterious Council For He was no sooner on Shipboard but the first words He spake were I discovered two Errors in those great Masters of Policy One that they would use Me so Ill and another that after such Vsage they permitted Me to Depart As those former parts of Knowledge did enable Him to know Men and how to manage their different humours and to temper them to a fitness for Society and make them serviceable to the Glory of that God whose Minister He was so His Soul was stored with a full Knowledge of the Nature of Things and easily comprehended almost all kinds of Arts that either were for Delight or of a Publick Use for He was ignorant of nothing but of what He thought it became Him to be negligent for many parts of Learning that are for the Ornament of a Private person are beneath the Cares of a Crowned Head He was well skilled in things of Antiquity could judge of Meddals whether they had the Number of years they pretended unto His Libraries and Cabinets were full of those things on which length of Time put the Value of Rarities In Painting He had so excellent a Fancy that
if time be unnecessarily lost 5. Now for the fallaciousness of my Argument to my knowledge it was never My practice nor do I confess to have begun now For if the Practice of the Primitive Church and the universal consent of the Fathers be not a convincing Argument when the interpretation of Scripture is doubtful I know nothing For if this be not then of necessity the Interpretation of private Spirits must be admitted the which contradicts St. Peter 2 Pet. 1. 20. is the Mother of all Sects and will if not prevented bring these Kingdoms into confusion And to say that an Argument is ill because the Papists use it or that such a thing is good because it is the Custom of some of the Reformed Churches cannot weigh with Me until you prove these to be infallible or that to maintain no Truth And how Diotrephes Ambition who directly opposed the Apostle St John can be an Argument against Episcopacy I do not understand 6. When I am made a Judge over the Reformed Churches then and not before will I censure their Actions as you must prove before I confess it that Presbyters without a Bishop may lawfully ordain other Presbyters And as for the Administration of Baptism as I think none will say that a Woman can lawfully or duely administer it though when done it be valid so none ought to do it but a lawful Presbyter whom you cannot deny but to be absolutely necessary for the Sacrament of the Eucharist 7. You make a learned succinct discourse of Oaths in general and their several Obligations to which I fully agree intending in the particular now in question to be guided by your own Rule which is when any Oath hath a special reference to the Benefit of those to whom I make the Promise if we have their desire or consent the Obligation ceaseth Now it must be known to whom this Oath hath reference and to whose benefit The Answer is clear Only to the Church of England as by the Record will be plainly made appear And you much mistake in alledging that the two Houses of Parliament especially as they are now constituted can have this Disobligatory power for besides that they are not named in it I am confident to make it clearly appear to you that this Church never did submit nor was subordinate to them and that it was only the King and Clergy who made the Reformation the Parliament merely serving to help to give the Civil Sanction All this being proved of which I make no question it must necessarily follow that it is only the Church of England in whose favour I took this Oath that can release Me from it wherefore when the Church of England being lawfully assembled shall declare that I am free then and not before I shall esteem My self so 8. To your last concerning the King My Father of Happy and Famous Memory both for his Piety and Learning I must tell you that I had the Happiness to know Him much better than you wherefore I desire you not to be too confident in the knowledge of His Opinions for I dare say should his Ghost now speak He would tell you that a bloody Reformation was never lawful as not warranted by God's Word and that Preces lachrymae sunt Arma Ecclesiae 9. To conclude having replied to all your Paper I cannot but observe to you that you have given Me no Answer to my last Quaere It may be you are as Chaucer says like the People of England What they not like they never understand but in earnest that question is so pertinent to the Purpose in hand that it will much serve for My satisfaction and besides it may be useful for other things C. R. Newcastle June 6. 1646. IV. Mr. Alexander Henderson's Second Paper For His MAJESTY SIR THE smaller the encouragements be in relation to the success which how small they are Your Majesty well knows the more apparent and I hope the more acceptable will my obedience be in that which in all humility I now go about at Your Majesty's command yet while I consider that the way of man is not in himself nor is it in man that walketh to direct his own steps and when I remember how many supplications with strong crying and tears have been openly and in secret offered up in Your Majesty's behalf unto God that heareth prayer I have no reason to despair of a blessed success 1. I have been averse from a disputation of Divines 1. For saving of time which the present exigence and extremity of affairs make more than ordinarily pretious While Archimedes at Syracuse was drawing his figures and circlings in the sand Marcellus interrupted his Demonstration 2. Because the common result of Disputes of this kind answerable to the prejudicate opinions of the Parties is rather Victory than Verity while tanquam tentativi Dialectici they study more to overcome their adverse Party than to be overcome of Truth although this be the most glorious Victory 3. When I was commanded to come hither no such thing was proposed to me nor expected by me I never judged so meanly of the Cause nor so highly of my self as to venture it upon such weakness Much more might be spoken to this purpose but I forbear 2. I will not further trouble Your Majesty with that which is contained in the second Section hoping that Your Majesty will no more insist upon Education Prescription of time c. which are sufficient to prevent Admiration but which Your Majesty acknowledges must give place to Reason and are no sure ground of resolution of our Faith in any point to be believed although it be true that the most part of men make these and the like to be the ground and rule of their Faith an Evidence that their Faith is not a Divine Faith but an humane Credulity 3. Concerning Reformation of Religion in the third Section I had need have a Preface to so thorny a Theme as your Majesty hath brought me upon 1. For the Reforming power it is conceived when a General Defection like a Deluge hath covered the whole face of the Church so that scarcely the tops of the Mountains do appear a General Council is necessary but because that can hardly be obtained several Kingdoms which we see was done at the time of the Reformation are to Reform themselves and that by the Authority of their Prince and Magistrates if the Prince or supreme Magistrate be unwilling then may the inferior Magistrate and the People being before rightly informed in the grounds of Religion lawfully Reform within their own sphere and if the light shine upon all or the major part they may after all other means assayed make a publick Reformation This before this time I never wrote or spoke yet the Maintainers of this Doctrine conceive that they are able to make it good But Sir were I worthy to give advice to Your Majesty or to the Kings and supreme Powers on Earth
Truth but follow their own Fancies 3. Ratione Finis when the Interpretation is not proposed as Authentical to bind others but is intended only for our own private satisfaction The first is not to be despised the second is to be exploded and is condemned by the Apostle Peter the third ought not to be censured But that Interpretation which is Authentical and of supreme Authority which every mans conscience is bound to yield unto is of an higher nature And although the General Council should resolve it and the Consent of the Fathers should be had unto it yet there must always be place left to the judgment of Discretion as Davenant late Bishop of Salisbury beside divers others hath learnedly made appear in his Book De Judice Controversiarum where also the Power of Kings in matter of Religion is solidly and unpartially determined Two words only I add One is that notwithstanding all that is pretended from Antiquity a Bishop having sole power of Ordination and Jurisdiction will never be found in Prime Antiquity The other is that many of the Fathers did unwittingly bring forth that Antichrist which was conceived in the times of the Apostles and therefore are incompetent Judges in the Question of Hierarchy And upon the other part the Lights of the Christian Church at and since the beginning of the Reformation have discovered many secrets concerning the Antichrist and his Hierarchy which were not known to former Ages And divers of the Learned in the Roman Church have not feared to pronounce That whosoever denies the true and literal sense of many Texts of Scripture to have been found out in this last Age is unthankful to God who hath so plentifully poured forth his Spirit upon the Children of this Generation and ungrateful towards those men who with so great pains so happy success and so much benefit to God's Church have travailed therein This might be instanced in many places of Scripture I wind together Diotrephes and the Mystery of iniquity the one as an old example of Church-ambition which was also too palpable in the Apostles themselves and the other as a cover of Ambition afterwards discovered which two brought forth the great Mystery of the Papacy at last 6. Although Your Majesty be not made a Judge of the Reformed Churches yet You so far censure them and their actions as without Bishops in Your Judgment they cannot have a lawful Ministery nor a due Administration of the Sacraments Against which dangerous and destructive Opinion I did alledge what I supposed Your Majesty would not have denied 1. That Presbyters without a Bishop may ordain other Presbyters 2. That Baptism administred by such a Presbyter is another thing than Baptism administred by a private person or by a Midwife Of the first Your Majesty calls for proof I told before that in Scripture it is manifest 1 Tim. 4. 14. Neglect not the Gift that is in thee which was given thee by the Prophecy with the laying on of the hands of the Presbytery so it is in the English Translation And the word Presbytery To often as it is used in the New Testament always signifies the Persons and not the Office And although the Offices of Bishop and Presbyter were distinct yet doth not the Presbyter derive his power of Order from the Bishop The Evangelists were inferiour to the Apostles yet had they their power not from the Apostles but from Christ The same I affirm of the Seventy Disciples who had their power immediately from Christ no less than the Apostles had theirs It may upon better reason be averred that the Bishops have their power from the Pope than that Presbyters have their power from the Prelats It is true Jerome saith Quid facit exceptâ ordinatione Episcopus quod non facit Presbyter But in the same place he proves from Sccipture that Episcopus and Presbyter are one and the same and therefore when he appropriates Ordination to the Bishop he speaketh of the degenerated custom of his time Secondly Concerning Baptism a private person may perform the external Action and Rites both of it and of the Eucharist yet is neither of the two a Sacrament or hath any efficacy unless it be done by him that is lawfully called thereunto or by a person made publick and cloathed with Authority by Ordination This Errour in the matter of Baptism is begot by another Errour of the Absolute Necessity of Baptism 7. To that which hath been said concerning Your Majesties Oath I shall add nothing not being willing to enter upon the Question of the subordination of the Church to the Civil Power whether the King or Parliament or both and to either of them in their own place Such an Headship as the Kings of England have claimed and such a Supremacy as the Two Houses of Parliament crave with the Appeals from the supreme Ecclesiastical Judicature to them as set over the Church in the same line of Subordination I do utterly disclaim upon such Reasons as give my self satisfaction although no man shall be more willing to submit to Civil powers each one in their own place and more unwilling to make any trouble than my self Only concerning the application of the Generals of an Oath to the particular case now in hand under favour I conceive not how the Clergy of the Church of England is or ought to be principally intended in Your Oath For although they were esteemed to be the Representative Church yet even that is for the benefit of the Church Collective Salus Populi being Suprema lex and to be principally intended Your Majesty knows it was so in the Church of Scotland where the like alteration was made And if nothing of this kind can be done without the consent of the Clergy what Reformation can be expected in France or Spain or Rome it self It is not to be expected that the Pope or Prelates will consent to their own ruine 8. I will not presume upon any secret knowledge of the Opinions held by the King Your Majesty's Father of famous Memory they being much better known to Your Majesty I did only produce what was profest by Him before the world And although Prayers and Tears be the Arms of the Church yet it is neither acceptable to God nor conducible for Kings and Princes to force the Church to put on these Arms. Nor could I ever hear a reason why a necessary Defensive War against unjust Violence is unlawful although it be joyned with Offence and Invasion which is intended for Defence but so that Arms are laid down when the Offensive War ceaseth by which it doth appear that the War on the other side was in the nature thereof Defensive 9. Concerning the forcing of Conscience which I pretermitted in my other Paper I am forced now but without forcing of my conscience to speak of it Our Conscience may be said to be forced either by our selves or by others By our selves 1. When we stop the ear of our Conscience
tendred such Propositions that might occasion the World to judge that they have yielded up not only their Wills and Affections but their Reasons also and Judgments for obtaining a true Peace or good Accommodation It is true that if they can shew what reasonably they could have asked more or wherein the King's Offers were deficient either in Point of Security or by with-holding from any His Subjects a jot of their just Priviledges then they said somewhat to challenge Belief But bare Asseverations even against what a Man sees will not get credit with any but such who abandon their Judgments to an implicite Faith nor can the Determinations of all the Parliaments in the World make a thing Just or Necessary if it be not so of it self And can it be imagined that any who were ever acquainted with the Passages at the Treaties of Oxford and Vxbridge will believe though it be said that the Propositions tendred at Newcastle were the same in effect which had been presented to the King before in the midst of all His strength and Forces Indeed methinks such gross slips as these should at least make a man be wary how to believe such things for which He sees no Proofs And yet it should seem that a man must either take their words for good payment or remain unsatisfied for a little after it is said that the Kings strange unexpected and conditional Answers or Denials might justly have made them consider some other course for setling the Kingdom in Peace and Safety without any farther Application but never shewn wherein the strangeness of His Answers or Denials consists And I should think that those Reasons upon which the laying by of a King's Authority is grounded for it is no less ought to be particularly mentioned for the Worlds satisfaction and not involved in general big words for it thereby seems that it is their force of Arms more than that of Reason which they trust to for procuring of obedience to their Determinations or belief to what they say Otherways can it be imagined that their saying that their last Propositions were so qualified that where it might stand with the publick Safety the wonted Scruples and Objections were prevented or removed can give satisfaction to any rational man who hath seen all their former Propositions for it is most evident that their Demands have always encreased with their good Fortune And for their great Condescension to a Personal Treaty which under favour can scarcely be called so for the King though He had granted what was desired was not to come either to or near London but to stay in the Isle of Wight and there to Treat with Commissioners upon signing the Four Bills surely they incurred therein but little danger for it is most evident that they contain the very substance of the most essential parts of their Demands which being once granted the King would neither have had power to deny nor any thing left worth the refusing for after He had confessed that He had taken up Arms to invade the Liberty of His People whereas it was only for the Defence of His own Rights and had likewise condemned all those who had faithfully served Him of Rebellion and that He had totally devested Himself His Heirs and Successors for ever of the power of the Sword whereby the Protection of His Subjects which is one of the most essential and necessary Rights belonging to Regal Authority is totally torn away from the Crown and that by a silent Confession He had done Himself and Successors an irreparable prejudice concerning the great Seal I speak not of the other two Bills neither of which are of little importance what was there more for Him to grant worth the insisting upon after such Concessions or indeed what power was left Him to deny any thing So that the King's necessity of giving the Answer He did for it was no absolute Refusal is most evident unless He had resolved to have lived in quiet without Honour and to have given His People Peace without Safety by abandoning them to an arbitrary and unlimited power of the two Houses for ever concerning the levying of Land or Sea-Forces without stinting of numbers or distinction of persons and for Payments to levy such summes of Monies in such sort and by such ways and means as they shall think fit and appoint And now I cannot but ask is this the Militia that the King contends for or did ever any King of England pretend to or seek for such a Power surely no but this is a new Militia and take heed lest this should prove like the Roman Praetorian Cohorts that what they did in chusing and changing Emperours these do not to this Government by moulding and altering it according to their Fancies Now my eagerness to clear this Point concerning the four Bills had almost made me forget a most material Question I wonder much wherein the Danger consists of a Personal Treaty with the King ever since He was last at Newcastle Surely He cannot bring Forces along with Him to awe His two Houses of Parliament and it is as well known that He hath not Money to raise an Army and truly there is as little fear that the Eloquence of His Tongue should work Miracles but on the contrary if He were so ill a man as you describe Him to be whatsoever He shall say or write must more prejudice Him than You for let Him never flatter Himself it must be clear not doubtful Reason that can prevail against that great visible prevailing Power which now opposes Him nor do I say it will but certainly less cannot do it Where is then the Danger Believe it Reason will hardly maintain those who are afraid of her After this it is said that they had cause enough to remember that the King sometimes denied to receive their humble Petitions but they neither tell where nor when which I am most confident they cannot but I am certain that the King hath sent divers Messages of Peace to them unto which He hath yet had no Answer namely His last from Oxford of the 15. January 1645. and all the rest since As for the Fight at Brainford whosoever will read the Collection of the Declarations in print upon that subject will clearly find that the King hath more reason to complain that they under colour of Treaty sought to environ Him with their Forces than they for what He then did and His retreat was neither for Fear nor with Shame for the appearing of the Enemy made Him retard not hasten His orders for retiring which divers hours before their appearing He had given which He did without any loss at all but on the contrary retreated with more Arms eleven Colours and fifteen pieces of Ordnance beside good store of Ammunition than He had before And for Cruelty there was not a drop of Blood shed but in the heat of the Fight for I saw above five hundred Prisoners who only promising
Weight as to alledg that the Scots Great Seal did countenance the Irish Rebellion when I know it can be proved by Witnesses without exception that for many months before until the now Lord Chancellor had the keeping of it there was nothing at all Sealed by it Nor concerning this great point will I only say that the King is Innocent and bid them prove which to most Accusations is a sufficient Answer but I can prove that if the King had been obeyed in the Irish Affairs before He went last into Scotland there had been no Irish Rebellion and after it was begun it had in few months been suppressed if His Directions had been observed For if the King had been suffered to have performed His Engagements to the Irish Agents and had disposed of the discontented Irish Army beyond Sea according to His Contracts with the French and Spanish Ambassadours there is nothing more clear than that there could have been no Rebellion in Ireland because they had wanted both Pretence and Means to have made one Then when it was broken forth if those vigorous courses had been pursued which the King proposed first to the Scots then to the English Parliament doubtless that Rebellion had been soon suppressed But what He proposed took so little effect that in many months after there was nothing sent into Ireland but what the King Himself sent assisted by the Duke of Richmond before He came from Scotland unto Sir Rob. Steward which though it were little will be found to have done much service as may be seen by the said Sir Robert's voluntary Testimony given in writing to the Parliament Commissioners then attending the King at Stoak And certainly a greater Evidence for Constancy in Religion there cannot be than the King shewed in His Irish Treaty for in the time that He most needed Assistance it was in His Power to have made that Kingdom declare unanimously for Him and have had the whole Forces thereof employed in His Service if He would have granted their Demand in Points of Religion they not insisting on any thing of Civil Government which His Majesty might not have granted without prejudice to Regal Authority and this can be clearly proved by the Marquess of Ormond's Treaties with the Irish not without very good Evidence by some of the King's Letters to the Queen which were taken at Naseby that are purposely concealed lest they should too plainly discover the King's detestation of that Rebellion and His rigid firmness to the Protestant Profession Nor can I end this Point without remarking with wonder that Men should have so ill Memories as again to renew that old Slander of the King 's giving Passes to divers Papists and Persons of Quality who headed the Rebels of which He so cleared Himself that He demanded Reparation for it but could not have it albeit no shew of Proof could be produced for that Allegation as is most plainly to be seen in the first book of the Collection of all Remonstrances Declarations c. fol. 69 70. Thus having given a particular Answer to the most material Points in this Declaration the rest are such frivolous malicious and many of them groundless Calumnies that Contempt is the best Answer for them Yet one thing more I must observe that they not only endeavour to make Fables pass for currant Coyn but likewise seek to blind mens Judgements with false Inferences upon some Truths For Example it is true that the King hath said in some of His Speeches or Declarations That He oweth an Accompt of His Actions to none but God alone and that the Houses of Parliament joynt or separate have no Power either to make or declare any Law But that this is a fit foundation for all Tyranny I must utterly deny Indeed if it had been said that the King without the Two Houses of Parliament could make or declare Laws then there might be some strength in the Argument but before this Parliament it was never so much as pretended that either or both Houses without the King could make or declare any Law and certainly His Majesty is not the first and I hope will not be the last King of England that hath not held Himself Accomptable to any Earthly Power Besides it will be found that this His Majesty's Position is most agreeable to all Divine and Humane Laws so far it is from being Destructive to a Kingdom or a Foundation for Tyranny To conclude I appeal to God and the World whether it can be parallel'd by Example or warranted by Justice that any man should be slander'd yet denied the sight thereof and so far from being permitted to answer that if he have erred there is no way left him to acknowledge or mend it and yet this is the King 's present Condition who is at this time laid aside because He will not consent that the old Fundamental Laws of this Land be changed Regal Power destroyed nor His People submitted to a new Arbitrary Tyrannical Government III. His Majesty's Declaration concerning the Treaty and His dislike of the Armies Proceedings Nov. 22. MDCXLVIII Delivered by His Majesty to one of His Servants at His departure from the Isle of Wight and commanded to be published for satisfaction of all His Subjects WHen large pretences prove but the shadows of weak performance then the greatest labours produce the smallest effects and when a period is put to a work of great concernment all mens ears do as it were hunger till they are satisfied in their expectations Hath not this distracted Nation groaned a long time under the burthen of Tyranny and Oppression and hath not all the blood that hath been spilt these seven years been cast upon My head who am the greatest sufferer though the least guilty and was it not requisite to endeavour the stopping of that flux which if not stopt will bring an absolute destruction to this Nation And what more speedy way was there to consummate those distractions than by a Personal Treaty being agreed upon by My two Houses of Parliament and condescended to by Me And I might declare that I conceive it had been the best Physick had not the operation been hindred by the interposition of this imperious Army who were so audacious as to style Me in their unparallel'd Remonstrance their capital Enemy But let the World judge whether Mine endeavours have not been attended with reality in this late Treaty and whether I was not as ready to grant as they were to ask and yet all this is not satisfaction to them that pursue their own ambitious ends more than the welfare of a miserable Land Were not the dying hearts of My poor distressed People much revived with the hopes of a happiness from this Treaty and how suddenly are they frustrated in their expectations Have not I formerly been condemned for yielding too little to My two Houses of Parliament and shall I now be condemned for yielding too much Have I not formerly been imprisoned
Considerations the inconveniences as I conceive that may upon this occasion fall upon My Subjects and other Protestants abroad especially since it may seem to other States to be a severity Which having thus represented I think My self discharged from all ill consequences that may ensue upon the Execution of this person XXVI To the House of Lords at WESTMINSTER Feb. 10. MDCXL XLI MY Lords That freedom and confidence which I expressed at the beginning of this Parliament to have of your love and fidelity towards My Person and Estate hath made Me at this time come hither to acquaint you with that Alliance and Confederacy which I intend to make with the Prince of Orange and the States which before this time I did not think expedient to do because that part I do desire your Advice and Assistance upon was not ready to be treated on I will not trouble you with a long digression by shewing the steps of this Treaty but leave you to be satisfied in that by those who under Me do manage that Affair Only I shall shew you the reasons which have induced Me to it and in what I expect your Assistance and Counsel The Considerations that have induced Me to it are these First the matter of Religion Here needs no Dispensation no fear that My Daughter's Conscience may be any way perverted Secondly I do esteem that a strict Alliance and Confederacy with the States will be as useful to this Kingdom as that with any of My Neighbouââ especially considering their Affinity Neighbourhood and way of their Strength And lastly which I must never forget in these occasions the use I may make of this Alliance towards the establishing of My Sister and Nephews Now to shew you in what I desire your Assistance You must know that the Articles of Marriage are in a manner concluded but not to be totally ratified until that of Alliance be ended and agreed which before I demanded your assistance I did not think fit to enter upon And that I may not leave you too much at large how to begin that Counsel I present you here the Propositions which are offered by Me to the States Ambassadours for that intent And so My Lords I shall only desire you to make as much expedition in your Counsels as so great a business shall require and shall leave your Lordships to your own free debate XXVII To the Lords and Commons at His Passing the Bill for Triennial Parliaments at WESTMINSTER Feb. 15. MDCXL XLI MY Lords and you the Knights Citizens and Burgesses of the House of Commons You may remember when both Houses were with Me at the Banquetting-House at White-Hall I did declare unto you two Rocks I wished you to eschew This is one of them and of that consequence that I think never Bill passed here in this House of more favour to the Subject than this is And if the other Rock be as happily passed over as this shall be at this time I do not know what you can ask for ought I can see at this time that I can make any question to yield unto Therefore I mention this to shew unto you the sense that I have of this Bill and the Obligation as I may say that you have to Me for it For hitherto to speak freely I had no great incouragement to do it if I should look to the outward face of your Actions or Proceedings and not to the inward Intentions of your hearts I might make question of doing it Hitherto you have gone on in that which concerns your selves to amend and not in those things that nearly concern the strength of this Kingdom neither for the State nor My Own particular This I mention not to reproach you but to shew you the state of things as they are You have taken the Government all in pieces and I may say it is almost off the Hinges A skilful Watch-maker to make clean his Watch will take it asunder and when it is put together it will go the better so that he leave not out one pin of it Now as I have done all this on My part you know what to do on yours And I hope you shall see clearly that I have performed really what I expressed to you at the beginning of this Parliament of the great trust I have of your affections to Me. And this is the great expression of trust that before you do any thing for Me I do put such a Confidence in you XXVIII To the Lords and Commons about Disbanding the Armies in Ireland and England at the Banquetting-House in WHITE-HALL April 28. MDCXLI MY Lords and Gentlemen For Answer to your Desires I say First Concerning the removal of Papists from Court I am sure you all know what legal trust the Crown hath in this particular and therefore I need not say any thing to give you assurance that I shall use it so that there shall be no just cause of Scandal Secondly For disarming of Papists I am very well content it shall be done according to Law Thirdly For the Irish Army you must understand I am already upon Consultation how to disband it but I find many difficulties in it therefore I hold it not only fit to wish it but to shew the way how it may be conveniently done This is not all I desire but since you have mentioned the disbanding of Armies it is My Duty to My Country to wish for disbanding of all Armies and to restore the same Peace to all My three Kigndoms that the King My Father did leave them in And I conjure you as you will answer the same to God and to your Country to join with Me heartily and speedily for the disbanding of the two Armies in England This is a very good time to speak of it and there are but two waies to do it One is to answer their Petitions and the second is to provide Monies You are Masters of the one and with Me you are Judges of the other And you shall not be readier nor so ready to bring this to a happy Conclusion than I My self shall be XXIX To the House of Lords concerning the Bill of Attainder of the Earl of STRAFFORD at WESTMINSTER May 1. MDCXLI MY Lords I had no intention to have spoken to you of this business this day which is the great business concerning My Lord of Strafford because I would do nothing that might serve to hinder your occasions But now it comes so to pass that seeing of necessity I must have part in the Judgment I think it most necessary for Me to declare My Conscience therein I am sure you all know I have been present at the hearing of this great Case from the one end to the other And I must tell you that in My Conscience I cannot condemn him of High Treason It is not fit for Me to argue this business I am sure you will not expect that A Positive Doctrine best becomes the Mouth of a Prince Yet I must
People leaving such debates to a time that may better bear them If this be not accepted the fault is not Mine that this Bill pass not but theirs that refuse so fair an offer To conclude I conjure you by all that is or can be dear to you or Me that laying away all disputes you go on chearfully and speedily for the reducing of Ireland XXXV To the House of Commons about the Five Members January 4. MDCXLI II. GEntlemen I am sorry for this occasion of coming unto you Yesterday I sent a Serjeant at Arms upon a very important occasion to apprehend some that by My Command were accused of High Treason whereunto I did expect Obedience and not a Message And I must declare unto you here that albeit no King that ever was in England shall be more careful of your Priviledges to maintain them to the uttermost of His Power than I shall be yet you must know that in cases of Treason no person hath a Priviledge And therefore I am come to know if any of those persons that were accused are here For I must tell you Gentlemen that so long as those persons that I have accused for no slight crime but for Treason are here I cannot expect that this House can be in the right way that I do heartily wish it Therefore I am come to tell you that I must have them wheresoever I find them Well sithence I see all the Birds are flown I do expect from you that you shall send them unto Me as soon as they return hither But I assure you in the word of a King I never did intend any force but shall proceed against them in a legal and fair way for I never meant any other And now sithence I see I cannot do what I came for I think this no unfit occasion to repeat what I have said formerly That whatsoever I have done in favour and to the good of My Subjects I do mean to maintain it I will trouble you no more but tell you I do expect as soon as they do come to the House you will send them to Me otherwise I must take My Own course to find them XXXVI To the Citizens of LONDON at GUILD-HALL January 5. MDCXLI II. GEntlemen I am come to demand such Prisoners as I have already attained of High Treason and do believe they are shrowded in the City I hope no good man will keep them from Me their offences are Treason and Misdemeanours of an high nature I desire your loving assistance herein that they may be brought to a Legal Trial. And whereas there are divers suspicions raised that I am a favourer of the Popish Religion I do profess in the name of a King that I did and ever will and that to the utmost of My power be a prosecutor of all such as shall any ways oppose the Laws and Statutes of this Kingdom either Papist or Separatist and not only so but I will maintain and defend that true Protestant Religion which My Father did profess and I will still continue in during Life XXXVII To the Committe of both Houses at the delivery of the Petition for the Militia at THEORALDS Mar. 1. MDCXLI II. I Am so amazed at this Message that I know not what to answer You speak of Jealousies and Fears lay your hands to your hearts and ask your selves whether I may not likewise be disturbed with Fears and Jealousies and if so I assure you this Message hath nothing lessened them For the Militia I thought so much of it before I sent that Answer and am so much assured that the Answer is agreeable to what in justice or reason you can ask or I in Honour grant that I shall not alter it in any point For my residence near you I wish it might be so safe and honourable that I had no cause to absent My self from White-Hall Ask your selves whether I have not For My Son I shall take that care of him which shall justifie Me to God as a Father and to My Dominions as a King To conclude I assure you upon My Honour that I have no thought but of Peace and Justice to My People which I shall by all fair means seek to preserve and maintain relying upon the goodness and providence of God for the preservation of My Self and Rights XXXVIII To the Committee of both Houses at the presenting of their Declaration at NEW-MARKET March 9. MDCXLI II. I Am confident that you expect not I should give you a speedy Answer to this strange and unexpected Declaration And I am sorry in the Distractions of this Kingdom you should think this way of Address to be more convenient than that proposed by My Message of the 20th of Jan. last to both Houses As concerning the grounds of your Fears and Jealousies I will take time to answer particularly and doubt not but I shall do it to the satisfaction of all the world God in his good time will I hope discover the secrets and bottoms of all Plots and Treasons and then I shall stand right in the eyes of all My People In the mean time I must tell you that I rather expected a vindication from the imputation laid on Me in Master Pym's Speech than that any more general Rumours and Discourses should get credit with you For My Fears and Doubts I did not think they should have been thought so groundless or trivial while so many seditious Pamphlets and Sermons are looked upon and so great Tumults remembred unpunished uninquired into I still confess My Fears and call God to witness that they are greater for the true Protestant Profession My People and Laws than for My own Rights or Safety though I must tell you I conceive that none of these are free from danger What would you have Have I violated your Laws Have I denied to pass any one Bill for the ease and security of My Subjects I do not ask you what you have done for Me. Have any of My People been transported with Fears and Apprehensions I have offered as free and general a Pardon as your selves can devise All this considered There is a Judgment from Heaven upon this Nation if these Distractions continue God so deal with Me and Mine as all My thoughts and intentions are upright for the maintenance of the true Protestant Profession and for the Observation and Preservation of the Laws of this Land And I hope God will bless and assist those Laws for My preservation As for the Additional Declaration you are to expect an Answer to it when you shall receive the Answer to the Declaration it self Some Passages that happened Mar. 9. between His Majesty and the Committee of both Houses when the Declaration was delivered When His Majesty heard that part of the Declaration which mentioned Master Jermin's Transportation His Majesty interrupted the Earl of Holland in reading and said That 's false which being afterwards touch'd upon again His Majesty then said 'T is a lie And when He
doubted not had they had power to recede some of His Reasons would have prevailed with them as He is confident had it been with His two Houses it would have done with them and therefore beseeches them to take the same freedom with His two Houses to press them to a compliance with Him in those things His Conscience is not yet satisfied in which more time may do His Opinion not being like the Laws of the Medes and Persians unalterable or infallible He added His very hearty thanks for the pains they had taken to satisfie Him professing that He wanted Eloquence to commend their Abilities He desired them candidly to represent all the Transactions of this Treaty to His two Houses that they might see Nothing of His Interest how near or dear soever but that wherein His Conscience is unsatisfied can hinder on His part a happy conclusion of this Treaty LVI To the Lords Commissioners at their taking leave NEWPORT Nov. MDCXLVIII MY Lords You are come to take your leave of Me and I believe we shall scarce never see each other again but God's Will be done I thank God I have made my Peace with Him and shall without fear undergo what He shall be pleased to suffer man to do unto Me. My Lords you cannot but know that in My Fall and Ruine you see your own and that also near to you I pray God send you better Friends than I have found I am fully informed of the whole carriage of the Plot against Me and Mine and nothing so much afflicts Me as the sense and feeling I have of the Sufferings of my Subjects and the Miseries that hang over my three Kingdoms drawn upon them by those who upon pretences of Good violently pursue their own Interests and Ends. LVII His MAJESTIE's Speeches to the pretended High Court of Justice with the History of His Tryal Jan. MDCXLVIII IX Westminster-Hall Jan. 20. ON Saturday the twentieth of January afternoon Serjeant John Bradshaw President of the pretended Court with about fifty seven of his fellow-Commissioners came into Westminster-Hall having sixteen men with Partisans and their Officers with a Sword and Mace marching before them thus profaning the Name the Place and the Ensigns of Justice in the perpetration of the most enormous and unexampled Villany And at the West end of the Hall prepared for their purpose Bradshaw seated himself in a Crimson-Velvet Chair in the midst having a Desk with a Crimson-Velvet Cushion before him and at his feet a Table covered with a Turkey Carpet whereon the Sword and Mace were laid the rest were placed on each side upon Benches hung with Scarlet and the Partisans divided themselves on each hand before them Being thus sate and Silence made the great Gate of the Hall was set open and all persons promiscuously let in so that the Hall was presently filled and Silence again ordered Then Colonel Matthew Tomlinson was commanded to bring the Prisoner their King into the Court which he did within a quarter of an hour with about twenty Officers with Partisans marching before Him and others behind Their Serjeant at Arms with his Mace received Him and brought Him to the Bar where a Crimson-Velvet Chair was set His Majesty with an unconcerned Look upon his pretended Judges and the People in the Galleries on each side sate down without taking notice of their Court but presently rose up again and turned about looking down upon the Guards placed on the left side and the multitude of Spectators on the right side of the Hall After Silence made the pretended Act for His Trial was read by their Clerk sitting at the side of the Table where the Sword and Mace lay An Act of Parliament of the House of Commons for Trial of Charles Stuart King of England WHereas it is notorious that Charles Stuart the now King of England not content with the many incroachments which his Predecessors had made upon the People in their Rights and Freedom hath had a wicked Design to subvert the Ancient and Fundamental Laws and Liberties of this Nation and in their place to introduce an Arbitrary and Tyrannical Government and that besides all evil ways to bring his Design to pass he hath prosecuted it with Fire and Sword levied and maintained a Civil War in the Land against the Parliament and Kingdom whereby this Country hath been miserably wasted the publick Treasure exhausted Trade decaied thousands of People murthered and infinite other mischiefs committed for all which high Offences the said Charles Stuart might long since have been brought to exemplary and condign Punishment Whereas also the Parliament well hoping that the Restraint and Imprisonment of his Person after it had pleased God to deliver him into their hands would have quieted the Distempers of the Kingdom did forbear to proceed judicially against him but found by sad experience that such their Remissenss served only to encourage him and his Complices in the continuance of their evil practices and in raising new Commotions Rebellions and Invasions For prevention of the like and greater inconveniences and to the end no Chief Officer or Magistrate may hereafter presume Traiterously and maliciously to imagine or contrive the enslaving or destroying of the English Nation and to expect impunity Be it Enacted and Ordained by the Commons in this present Parliament assembled and it is hereby Enacted and Ordained that Thomas Lord Fairfax General Oliver Cromwell Lieutenant-General Commissary General Henry Ireton Major General Philip Skippon Sir Hardresse Waller Colonel Valentine Walton Colonel Thomas Harrison Colonel Edward Whaley Colonel Thomas Pride Colonel Isaac Ewer Colonel Richard Ingoldsby Sir Henry Mildmay Sir Thomas Honywood Thomas Lord Grey Philip Lord Lisle William Lord Mounson Sir John Danvers Sir Thomas Maleverer Sir John Bourchier Sir James Harrington Sir William Brereton Robert Wallop Esq William Heveningham Esquire Isaac Pennington Alderman Thomas Atkins Alderman Colonel Rowland Wilson Sir Peter Wentworth Colonel Henry Marten Colonel William Purefoy Colonel Godfrey Bosvile John Trenchard Esquire Colonel Herbert Morley Colonel John Berkstead Colonel Matthew Tomlinson John Blakeston Esq Gilbert Millington Esquire Sir William Constable Colonel Edward Ludlow Colonel John Lambert Colonel John Hutchinson Sir Arthur Hasilrig Sir Michael Livesey Richard Salway Esquire Humphrey Salway Esquire Colonel Robert Tichborne Colonel Owen Roe Colonel Robert Manwaring Colonel Robert Lilborn Colonel Adrian Scroope Colonel Richard Dean Colonel John Okey Colonel Robert Overton Colonel John Harrison Colonel John Disborough Colonel William Goffe Colonel Robert Duckenfield Cornelius Holland Esquire John Carew Esquire Sir William Armyne John Jones Esquire Miles Corbet Esquire Francis Allen Esquire Thomas Lister Esquire Benjamin Weston Esquire Peregrine Pelham Esq John Gourdon Esquire Serjeant Francis Thorp John Nutt Esquire Thomas Chaloner Esq Colonel Algernon Sidney John Anlaby Esquire Colonel John Moore Rich. Darley Esq William Say Esquire John Aldred Esquire John Fagge Esquire James Nelthrop Esquire Sir William Roberts Colonel Francis Lassels Colonel Alexander Rigby Henry Smith
Esq Edmond Wilde Esquire James Chaloner Esquire Josias Barners Esquire Dennis Bond Esq Humphry Edwards Esquire Gregory Clement Esquire John Fry Esquire Thomas Wogan Esq Sir Gregory Norton Serjeant John Bradshaw Colonel Edmund Harvey John Dove Esq Colonel John Venne John Foulk Alderman Thomas Scot Esquire Thomas Andrews Alderman William Cawley Esquire Abraham Burrell Esquire Colonel Anthony Stapely Roger Gratwicke Esquire John Downes Esquire Colonel Thomas Horton Colonel Thomas Hammond Colonel George Fenwick Serjeant Robert Nichols Robert Reynolds Esquire John Liste Esquire Nicholas Love Esquire Vincent Potter Sir Gilbert Pickering John Weaver Esquire John Lenthal Esquire Sir Edward Baynton John Corbet Esquire Thomas Blunt Esquire Thomas Boone Esquire Augustine Garland Esquire Augustine Skinner Esquire John Dixwel Esquire Colonel George Fleetwood Simon Maine Esquire Colonel James Temple Colonel Peter Temple Daniel Blagrave Esquire Sir Peter Temple Colonel Thomas Waite John Brown Esquire John Lowry Esquire shall be and are hereby appointed Commissioners and Judges for the hearing Trying and Judging of the said Charles Stuart And the said Commissioners or any twenty or more of them shall be and are hereby Authorized and constituted an High Court of Justice to meet at such convenient times and places as by the said Commissioners or the major part or twenty or more of them under their hands and seals shall be appointed and notified by publick Proclamation in the great Hall or Palace-yard of Westminster and to adjourn from time to time and from place to place as the said High Court or the major part thereof meeting shall hold fit and to take order for the charging of him the said Charles Stuart with the Crimes above mentioned and for the receiving His Personal Answer thereunto and for examination of Witnesses upon Oath if need be concerning the same and thereupon or in default of such Answer to proceed to final Sentence according to Justice and the merit of the Cause to be executed speedily and impartially And the said Court is hereby Authorized and required to chuse and appoint all such Officers Attendanrs and other circumstances as they or the major part of them shall in any sort judge necessary or useful for the orderly and good managing of the premisses and Thomas Lord Fairfax the General with all Officers of Justice and other well-affected persons are hereby Authorized and required to be aiding and assisting unto the said Commissioners in the due execution of the Trust hereby committed unto them Provided that this Ordinance and the Authority hereby granted do continue for the space of one Month from the Date of the making hereof and no longer After the reading of this the several Names of the Commissioners were called over every one who was present rising up and answering to his call The King having again placed Himself in the Chair with His face towards the Commissioners Silence was again ordered and Bradshaw with Impudence befitting his person and his place stood up and said CHARLES STUART King of England The Commons of England assembled in Parliament being deeply sensible of the Calamities that have been brought upon this Nation which is fixed upon you as the principal Author of it have resolved to make inquisition for Blood and according to that Debt and Duty they owe to Justice to God the Kingdom and themselves and according to the Fundamental Power that rests in themselves they have resolved to bring you to Trial and Judgment and for that purpose have constituted this High Court of Justice before which you are brought Then their Solicitor John Cook standing within a Bar on the right hand began My Lord in behalf of the Commons of England and of all the People thereof I do accuse CHARLES STUART here present of high Treason and high Misdemeanures and I do in the name of the Commons of England desire the Charge may be read unto him As he was speaking the King held up his Staffe and laying it on his shoulders two or three times bid him Hold a little But Bradshaw ordered him to go on and the Charge being delivered to their Clerk Bradshaw told the King Sir the Court Commands the Charge to be read If you have any thing to say afterwards you may be heard Then the Clerk being ordered to read began The Charge of the Commons of England against CHARLES STUART King of England of High Treason and other High Crimes exhibited to the High Court of Justice THat the said CHARLES STUART being admitted King of England and therein trusted with a limited Power to govern by and according to the Laws of the Land and not otherwise and by his Trust Oath and Office being obliged to use the Power committed to him for the good and benefit of the People and for the preservation of their Rights and Liberties yet nevertheless out of a wicked Design to erect and uphold in himself an unlimited and Tyrannical Power to Rule according to his Will and to overthrow the Rights and Liberties of the People yea to take away and make void the Foundations thereof and of all redress and remedy of Mis-government which by the Fundamental Constitutions of this Kingdom were reserved on the Peoples behalf in the Right Power of frequent and successive Parliaments or National Meetings in Council he the said Charles Stuart for accomplishment of such his Designs and for the protecting himself and his Adherents in his and their wicked practices to the same Ends hath traiterously and maliciously levied War against the present Parliament and the People therein Represented Particularly upon or about the thirtieth day of June in the year of our Lord one thousand six hundred forty and two at Beverly in the County of York and upon or about the thirtieth day of July in the year aforesaid in the County of the City of York and upon or about the twenty fourth day of August in the same year at the County of the Town of Nottingham when and where he set up his Standard of War and upon or about the twenty third day of October in the same year at Edge-Hill and Kineton field in the County of Warwick and upon or about the thirtieth day of November in the same year at Brainford in the County of Middlesex and upon or about the thirtieth day of August in the year of our Lord one thousand six hundred forty and three at Cavesham Bridge near Reading in the County of Berks and upon or about the thirtieth day of October in the year last mentioned at or near the City of Gloucester and upon or about the thirtieth day of November in the year last mentioned at Newbury in the County of Berks and upon or about the one and thirtieth day of July in the year of our Lord one thousand six hundred forty and four at Croperdy Bridge in the County of Oxon and upon or about the thirtieth day of September in the year last mentioned at Bodmin and other places near adjacent in the County of Cornwall and
upon or about the thirtieth day of November in the year last mentioned at Newbury aforesaid and upon or about the eighth day of June in the year of our Lord one thousand six hundred forty and five at the Town of Leicester and also upon the fourteenth day of the same month in the same year at Naseby-field in the County of Northampton At which several times and places or most of them and at many other places in this Land at several other times within the years aforementioned and in the year of our Lord one thousand six hundred forty and six he the said Charles Stuart hath caused and procured many thousands of the Free People of the Nation to be slain and by Divisions Parties and Infurrections within this Land by Invasions from Forein Parts endeavoured and procured by him and by many other evil ways and means he the said Charles Stuart hath not only maintained and carried on the said War both by Land and Sea during the years before mentioned but also hath renewed or caused to be renewed the said War against the Parliament and good People of this Nation in this present year one thousand six hundred forty and eight in the Counties of Kent Essex Surry Sussex Middlesex and many other places in England and Wales and also by Sea and particularly he the said Charles Stuart hath for that purpose given Commission to his Son the Prince and others whereby besides multitudes of other persons many such as were by the Parliament intrusted and imployed for the safety of the Nation being by him or his Agents corrupted to the betraying of their Trust and revolting from the Parliament have had entertainment and Commission for the continuing and renewing of War and Hostility against the said Parliament and People as aforesaid By which cruel and unnatural Wars by him the said Charles Stuart levied continued and renewed as aforesaid much innocent blood of the Free People of this Nation hath been spilt many Families have been undone the publick Treasury wasted and exhausted Trade obstructed and miserably decayed vast expence and damage to the Nation incurred and many parts of the Land spoiled some of them even to Desolation And for further prosecution of his said evil Designs he the said Charles Stuart doth still continue his Commissions to the said Prince and other Rebels and Revolters both English and Foreiners and to the Earl of Ormond and to the Irish Rebels and Revolters associated with him from whom further Invasions upon this Land are threatned upon the procurement and on the behalf of the said Charles Stuart All which wicked Designs Wars and evil Practices of him the said Charles Stuart have been and are carried on for the advancing and upholding of the Personal Interest of Will and Power and pretended Prerogative to himself and his Family against the Publick Interest Common Right Liberty Justice and Peace of the People of this Nation by and for whom he was intrusted as aforesaid By all which it appeareth that he the said Charles Stuart hath been and is the Occasioner Author and Contriver of the said unnatural cruel and bloody Wars and therein guilty of all the Treasons Murders Rapines Burnings Spoils Desolations Damage and Mischief to this Nation acted or committed in the said Wars or occasioned thereby And the said John Cook by Protestation saving on the behalf of the People of England the liberty of exhibiting at any time hereafter any other Charge against the said Charles Stuart and also of replying to the Answers which the said Charles Stuart shall make to the Premisses or any of them or any other Charge that shall be so exhibited doth for the said Treasons and Crimes on the behalf of the said People of England impeach the said Charles Stuart as a Tyrant Traitor Murtherer and a publick and implacable Enemy to the Commonwealth of England and pray that the said Charles Stuart King of England may be put to answer all and every the Premisses that such Proceedings Examinations Tryals Sentence and Judgment may be thereupon had as shall be agreeable to Justice His Majesty with His wonted Patience heard all these Slanders and Reproaches sitting in the Chair and looking sometimes on the pretended Court sometimes up to the Galleries and rising again turned about to behold the Guards and Spectators then he sate down with a Majestick and unmoved countenance and sometimes smiling especially at those words Tyrant Traitor and the like Also the silver head of His Staff happened to fall off at which He wondred and seeing none to take it up He stooped for it Himself The Charge being read Bradshaw began Sir you have now heard your Charge read containing such matters as appear in it you find that in the close of it it is prayed to the Court in the behalf of the Commons of England that you answer to your Charge The Court expects your Answer KING I would know by what Power I am called hither I was not long ago in the Isle of Wight how I came there is a longer story than I think is fit at this time for Me to speak of but there I entred into a Treaty with both Houses of Parliament with as much publick Faith as it 's possible to be had of any People in the World I treated there with a number of Honourable Lords and Gentlemen and treated honestly and uprightly I cannot say but they did very nobly with Me we were upon a conclusion of the Treaty Now I would know by what Authority I mean lawful there are many unlawful Authorities in the world Thieves and Robbers by the high-ways but I would know by what Authority I was brought from thence and carried from place to place and I know not what And when I know by what lawful Authority I shall answer Remember I am your King your lawful King and what sins you bring upon your heads and the Judgment of God upon this Land Think well upon it I say think well upon it before you go further from one sin to a greater Therefore let Me know by what lawful Authority I am seated here and I shall not be unwilling to answer In the mean time I shall not betray My Trust I have a Trust committed to Me by God by old and lawful Descent I will not betray it to answer to a new unlawful Authority Therefore resolve Me that and you shall hear more of Me. Bradshaw If you had been pleased to have observed what was hinted to you by the Court at your first coming hither you would have known by what Authority which Authority requires you in the name of the People of England of which you are elected King to answer KING No Sir I deny that Bradshaw If you acknowledge not the Authority of the Court they must proceed KING I do tell them so England was never an Elective Kingdom but an Hereditary Kingdom for near these thousand years therefore let Me know by what Authority I am called
hither I do stand more for the Liberty of My People than any here that come to be My pretended Judges and therefore let Me know by what lawful Authority I am seated here and I will answer it otherwise I will not answer it Bradshaw Sir how really you have managed your Trust is known your way of Answer is to interrogate the Court which beseems not you in this Condition You have been told of it twice or thrice KING Here is a Gentleman Lieutenant Colonel Cobbet ask him if he did not bring Me from the Isle of Wight by force I do not come here as submitting to the Court. I will stand as much for the Privilege of the House of Commons rightly understood as any man here whatsoever I see no House of Lords here that may constitute a Parliament and the King too should have been Is this the bringing of the King to His Parliament Is this the bringing an end to the Treaty in the Publick Faith of the World Let Me see a Legal Authority warranted by the Word of God the Scriptures or warranted by the Constitutions of the Kingdom and I will answer Bradshaw Sir you have propounded a Question and have been answered Seeing you will not answer the Court will consider how to proceed In the mean time those that brought you hither are to take charge of you back again The Court desires to know whether this be all the Answer you will give or no. KING Sir I desire that you would give Me and all the World satisfaction in this Let Me tell you It is not a slight thing you are about I am sworn to keep the Peace by that Duty I owe to God and My Countrey and I will do it to the last breath of My body And therefore you shall do well to satisfie first God and then the Country by what Authority you do it If you do it by an usurped Authority you cannot answer it There is a God in Heaven that will call you and all that give you Power to account Satisfie Me in that and I will answer otherwise I betray My Trust and the Liberties of the People and therefore think of that and then I shall be willing For I do avow That it is as great a Sin to withstand Lawful Authority as it is to submit to a Tyrannical or any otherways unlawful Authority And therefore satisfie God and Me and all the World in that and you shall receive My Answer I am not afraid of the Bill Bradshaw The Court expects you should give them a final Answer Their purpose is to adjourn till Monday next If you do not satisfie your self though we do tell you our Authority we are satisfied with our Authority and it is upon God's Authority and the Kingdoms and that Peace you speak of will be kept in the doing of Justice and that 's our present Work KING For Answer let Me tell you you have shewn no Lawful Authority to satisfie any reasonable man Bradshaw That 's in your apprehension we are satisfied that are your Judges KING 'T is not My apprehension nor yours neither that ought to decide it Bradshaw The Court hath heard you and you are to be disposed of as they have commanded So commanding the Guard to take Him away His Majesty only replied Well Sir And at His going down pointing with His Staff toward the Ax He said I do not fear that As He went down the stairs the People in the Hall cried out God save the King notwithstanding some were there set by the Faction to lead the clamour for Justice O yes being called they adjourn Westminster-Hall Monday Jan. 22. Afternoon SVnday being spent in Fasting and Preaching according to their manner of making Religion a pretence and prologue to their Villanies on Monday afternoon they came again into the Hall and after Silence commanded called over their Court where Seventy persons being present answered to their Names His Majesty being brought in the People gave a shout Command given to the Captain of their Guard to fetch and take into his custody those who make any Disturbance Then their Solicitor Cook began May it please your Lordship my Lord President I did at the last Court in the behalf of the Commons of England exhibite and give into this Court a Charge of High Treason and other high Crimes against the Prisoner at the Bar whereof I do accuse him in the name of the People of England and the Charge was read unto him and his Answer required My Lord he was not then pleased to give an Answer but in stead of answering did there dispute the Authority of this High Court My humble motion to this High Court in behalf of the Kingdom of England is That the Prisoner may be directed to make a Positive Answer either by way of Confession or Negation which if he shall refuse to do that the matter of Charge may be taken pro confesso and the Court may proceed according to Justice Bradshaw Sir you may remember at the last Court you were told the occasion of your being brought hither and you heard a Charge read against you containing a Charge of High Treason and other high Crimes against this Realm of England you heard likewise that it was prayed in the behalf of the People that you should give an Answer to that Charge that thereupon such proceedings might be had as should be agreeable to Justice you were then pleased to make some scruples concerning the Authority of this Court and knew not by what Authority you were brought hither you did divers time propound your Questions and were as often answer'd That it was by the Authority of the Commons of England assembled in Parliament that did think fit to call you to account for those high and capital Misdemeanours wherewith you were then charged Since that the Court hath taken into consideration what you then said they are fully satisfied with their own Authority and they hold it fit you should stand satisfied with it too and they do require it that you do give a positive and particular Answer to this Charge that is exhibited against you They do expect you should either confess or deny it If you deny it is offered in the behalf of the Kingdom to be made good against you Their Authority they do avow to the whole World that the whole Kingdom are to rest satisfied in and you are to rest satisfied with it and therefore you are to lose no more time but to give a positive Answer thereunto KING When I was here last 't is very true I made that Question and if it were only My own particular Case I would have satisfied My self with the Protestation I made the last time I was here against the Legality of this Court and that a King cannot be tried by any superior Jurisdiction on Earth But it is not My Case alone it is the Freedom and the Liberty of the People of England and do you pretend what
you will I stand more for their Liberties For if Power without Law may make Laws may alter the Fundamental Laws of the Kingdom I do not know what Subject he is in England that can be sure of his Life or any thing that he calls his own Therefore when that I came here I did expect particular Reasons to know by what Law what Authority you did proceed against Me here and therefore I am a little to seek what to say to you in this particular because the Affirmative is to be proved the Negative often is very hard to do But since I cannot perswade you to do it I shall tell you My Reasons as short as I can My Reasons why in Conscience and the Duty I owe to God first and My People next for the preservation of their Lives Liberties and Estates I conceive I cannot answer this till I be satisfied of the Legality of it All proceedings against any man whatsoever Bradshaw Sir I must interrupt you which I would not do but that what you do is not agreeable to the proceedings of any Court of Justice You are about to enter into Argument and Dispute concerning the Authority of this Court before whom you appear as a Prisoner and are charged as an high Delinquent If you take upon you to dispute the Authority of the Court we may not do it nor will any Court give way unto it you are to submit unto it you are to give a punctual and direct Answer whether you will answer your Charge or no and what you Answer is KING Sir by your favour I do not know the Forms of Law I do know Law and Reason though I am no Lawyer profess'd but I know as much Law as any Gentleman in England and therefore under favour I do plead for the Liberties of the People of England more than you do and therefore if I should impose a belief upon any man without Reasons given for it it were unreasonable but I must tell you that that Reason that I have as thus informed I cannot yield unto it Bradshaw Sir I must interrupt you you may not be permitted You speak of Law and Reason it is fit there should be Law and Reason and there is both against you Sir the Vote of the Commons of England assembled in Parliament it is the Reason of the Kingdom and they are these too that have given that Law according to which you should have ruled and reigned Sir you are not to dispute our Authority you are told it again by the Court Sir it will be taken notice of that you stand in contempt of the Court and your Contempt will be recorded accordingly KING I do not know how a King can be a Delinquent but 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 proceeding as Legal and I do demand that and demand to be heard with My Reasons If you deny that you deny Reason Bradshaw Sir you have offered something to the Court I shall speak something unto you the sense of the Court. Sir neither you nor any man are permitted to dispute that point you are concluded you may not demurr to 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 Precedent Bradshaw 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 Bradshaw Sir you are not to be permitted to go on in that speech and these discourses Then the Clerk of the Court read 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 so soon as I know by what Authority you do this Bradshaw 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 Bradshaw Sir 't is not for Prisoners to require KING Prisoners Sir I am not an ordinary Prisoner Bradshaw 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 Bradshaw Sir your Reasons are not to be heard against the Highest Jurisdiction KING Shew Me that Jurisdiction where Reason is not to be heard Bradshaw 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 where ever the House of Commons was a Court of Judicature of that kind Bradshaw Serjeant take away the Prisoner KING Well Sir remember that the King is not suffered to give in His Reasons for the Liberty and Freedom of all His Subjects Bradshaw 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 Armes against the People but for the Laws Bradshaw The Command of the Court must be obeyed No Answer will be given to the Charge KING Well Sir Then Bradshaw ordered the Default to be recorded and the Contempt of the Court and that no Answer would be given to the Charge The King was guarded forth to Sir Robert Cotton's house The Court adjourned to the Painted Chamber on Tuesday at twelve of Clock and from thence they intend to adjourn to Westminster-Hall at which time all persons concerned are to give their attendance His Majesty not being suffered to deliver His Reasons against the Jurisdiction of their pretended Court by word of mouth thought fit to leave them in writing to the more impartial judgment of Posterity as followeth HAving already made My Protestations not only against the Illegality of this pretended Court but also That no Earthly Power can justly call Me who am your King in question as a Delinquent I would not any more open My mouth upon this occasion more than to referr My self to what I have spoken were I in this Case alone
Court Your Lordship was pleased to give him a further day to consider and to put in his Answer which day being yesterday I did humbly move that he might be required to give a direct and positive Answer either by denying or confession of it But my Lord he was then pleased for to demur to the Jurisdiction of the Court which the Court did then over-rule and command him to give a direct and positive Answer My Lord besides this great delay of Justice I shall now humbly move your Lordship for speedy Judgment against him My Lord I might press your Lordship upon the whole that according to the known rules of the Law of the Land That if a Prisoner shall stand as contumacious in contempt and shall not put in an issuable Plea guilty or not guilty of the Charge given against him whereby he may come to a fair Tryal that as by an implicite confession it may be taken pro confesso as it hath been done to those who have deserved more favour than the Prisoner at the Bar has done But besides my Lord I shall humbly press your Lordship upon the whole fact The House of Commons the Supreme Authority and Jurisdiction of the Kingdom they have declared That it is notorious that the matter of the Charge is true as it is in truth my Lord as clear as Crystal and as the Sun that shines at noon day which if your Lordship and the Court be not satisfied in I have notwithstanding on the People of England's behalf several Witnesses to produce And therefore I do humbly pray and yet I must confess it is not so much I as the innocent blood that hath been shed the Cry whereof is very great for Justice and Judgment and therefore I do humbly pray that speedy Judgment be pronounced against the Prisoner at the Bar. Bradshaw went on in the same strain Sir you have heard what is moved by the Counsel on the behalf of the Kingdom against you Sir you may well remember and if you do not the Court cannot forget what dilatory dealings the Court hath found at your hands You were pleased to propound some Questions you have had your Resolution upon them You were told over and over again that the Court did affirm their own Jurisdiction That it was not for you nor any other man to dispute the Jurisdiction of the supreme and highest Authority of England from which there is no Appeal and touching which there must be no dispute yet you did persist in such carriage as you gave no manner of Obedience nor did you acknowledge any authority in them nor the High Court that constituted this Court of Justice Sir I must let you know from the Court that they are very sensible of these delays of yours and that they ought not being thus authorized by the supreme Court of England to be thus trifled withal and that they might in Justice if they pleased and according to the rules of Justice take advantage of these delays and proceed to pronounce Judgment against you yet nevertheless they are pleased to give direction and on their behalfs I do require you that you make a positive Answer unto this Charge that is against you Sir in plain terms for Justice knows no respect of Persons you are to give your positive and final Answer in plain English whether you be guilty or not guilty of these Treasons laid to your Charge The King after a little pause said When I was here yesterday I did desire to speak for the Liberties of the People of England I was interrupted I desire to know yet whether I may speak freely or not Bradshaw Sir you have had the Resolution of the Court upon the like Question the last day and you were told That having such a Charge of so high a nature against you your work was that you ought to acknowledge the Jurisdiction of the Court and to answer to your Charge Sir if you answer to your Charge which the Court gives you leave now to do though they might have taken the advantage of your Contempt yet if you be able to answer to your Charge when you have once answered you shall be heard at large make the best Defence you can But Sir I must let you know from the Court as their Commands that you are not to be permitted to issue out into any other discourses till such time as you have given a positive Answer concerning the matter that is charged upon you KING For the Charge I value it not a rush It is the Liberty of the People of England that I stand for For Me to acknowledge a new Court that I never heard of before I that am your King that should be an Example to all the People of England for to uphold Justice to maintain the old Laws indeed I do not know how to do it You spoke very well the first day that I came here on Saturday of the Obligations that I had laid upon Me by God to the maintenance of the Liberties of My People the same Obligation you spake of I do acknowledge to God that I owe to Him and to My People to defend as much as in Me lies the ancient Laws of the Kingdom therefore until that I may know that this is not against the Fundamental Laws of the Kingdom by your favour I can put in no particular Charge If you will give Me time I will shew you My Reasons why I cannot do it and this Here being interrupted He said By your favour you ought not to interrupt Me. How I came here I know not there 's no Law for it to make your King your Prisoner I was in a Treaty upon the Publick Faith of the Kingdom that was the known two Houses of Parliament that was the Representative of the Kingdom and when that I had almost made an end of the Treaty then I was hurried away and brought hither and therefore Bradshaw Sir you must know the pleasure of the Court. KING By your favour Sir Bradshaw Nay Sir by your favour you may not be permitted to fall into those discourses you appear as a Delinquent you have not acknowledged the Authority of the Court The Court craves it not of you but once more they command you to give your positive Answer Clerk Do your Duty KING Duty Sir The Clerk reads Charles Stuart King of England you are accused in the behalf of the Commons of England of divers high Crimes and Treasons which Charge hath been read unto you the Court now requires you to give your positive and final Answer by way of Confession or Denial of the Charge KING Sir I say again to you so that I might give satisfaction to the People of England of the clearness of My Proceeding not by way of Answer not in this way but to satisfie them that I have done nothing against that Trust that hath been committed to Me I would do it but to acknowledge a new Court against their
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 dreadful Day of Judgment that you will consider it once again Bradshaw Sir I have received direction from the Court. KING Well Sir Bradshaw If this must be re-inforced 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 Bradshaw 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 Then Bradshaw went on in a long Harangue endeavouring to justifie their proceedings misapplying Law and History and raking up and wresting whatsoever he thought fit for his purpose alleging the Examples of former Treasons and Rebellions both at home and abroad as authentick proofs and concluding that the King was a Tyrant Traitor Murtherer and publick Enemy to the Commonwealth of England His Majesty having with His wonted Patience heard all these Reproaches answered I would desire only one word before you give Sentence and that is That you would hear Me concerning those great Imputations that you have laid to My charge Bradshaw Sir you must give me now leave to go on for I am not far from your Sentence and your time is now past KING But I shall desire you will hear Me a few words to you for truly whatever Sentence you will put upon Me in respect of those heavy Imputations that I see by your speech you have put upon Me. Sir it is very true that Bradshaw Sir I must put you in mind truly Sir I would not willingly at this time especially interrupt you in any thing you have to say that is proper for us to admit of but Sir you have not owned us as a Court and you look upon as a sort of people met together and we know what Language we receive from your Party KING I know nothing of that Bradshaw You disavow us as a Court and therefore for you to address your self to us not to acknowledge us as a Court to judge of what you say it is not to be permitted And the truth is all along from the first time you were pleased to disavow and disown us the Court needed not to have heard you one word for unless they be acknowledged a Court and engaged it is not proper for you to speak Sir we have given you too much Liberty already and admitted of too much Delay and we may not admit of any further Were it proper for us to do we should hear you freely and we should not have declined to have heard you at large what you could have said or proved on your behalf whether for totally excusing or for in part excusing those great and hainous Charges that in whole or in part are laid upon you But Sir I shall trouble you no longer your Sins are of so large a dimension that if you do but seriously think of them they will drive you to a sad consideration and they may improve in you a sad and serious repentance And that the Court doth heartily wish that you may be so penitent for what you have done amiss that God may have mercy at least-wise upon your better part Truly Sir for the other it is our parts and duties to do that that the Law prescribes We are not here Jus dare but Jus dicere we cannot be unmindful of what the Scripture tells us For to acquit the guilty is of equal abomination as to condemn the innocent we may not acquit the guilty What sentence the Law affirms to a Traitor Tyrant a Murtherer and a publick enemy to the Countrey that Sentence you are now to hear read unto you and that is the Sentence of the Court. Make an O yes and command Silence while the Sentence is read Which done their Clerk Broughton read the Sentence drawn up in Parchment WHereas the Commons of England in Parliament had appointed them an High Court of Justice for the Trial of Charles Stuart King of England before whom he had been three times convented and at the first time a Charge of High Treason and other Crimes and Misdemeanours was read in the behalf of the Kingdom of England Here the Charge was repeated 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 Expressing the several passages of His refusing in the former Proceedings For all which Treasons and Crimes this Court doth adjudge That he the said Charles Stuart as a Tyrant Traitor Murtherer and a publick Enemy shall be put to death by the severing of his Head from his Body Which being read Bradshaw added This Sentence now read and published it is the Act Sentence Judgment and Resolution of the whole Court To which they all expressed their Assent by standing up as was before agreed and ordered His Majesty then said Will you hear Me a word Sir Bradshaw Sir you are not to be heard after the Sentence KING No Sir Bradshaw No Sir by your favour Sir Guard withdraw your Prisoner KING I may speak after Sentence by your favour Sir I may speak after Sentence ever By your favour hold The Sentence Sir I say Sir I do I am not suffered to speak expect what Justice other People will have The Persons that sate when Judgment was given upon the Life of their KING were these Serjeant John Bradshaw Lieutenant General Cromwell Commissary General Ireton John Lisle Esquire William Say Esquire Sir Hardresse Waller Colonel Valentine Walton Colonel Thomas Harrison Colonel Edward Whaley Colonel Thomas Pride Colonel Isaac Ewer Thomas Lord Gray of Groby Sir John Danvers Knight Sir Thomas Maleverer Baronet Sir John Bourchier Knight William Heveningham Esquire Isaac Ponnington Alderman Colonel Henry Marten Colonel William Poresoy Colonel John Berksted John Blakeston Esquire Gilbert Millington Sir William Constable Baronet Colonel Edmund Ludlow Colonel John Hutchinson Sir Michael Livesey Baronet Colonel Robert Tichburne Colonel Owen Rowe Colonel Robert Lilburne Colonel Adrian Scroope Colonel Richard Deane Colonel John Okey Colonel John Hewson Colonel William Goffe Cornelius Holland Esquire John Carew Esquire Colonel John Jones Miles Corbet Esquire Francis Allen Esquire Peregrine Pelham Esquire Colonel John More Colonel John Alured Colonel Henry Smith Humphrey Edwards Esquire Gregory Clement Esquire Thomas Wogan Esquire Sir Gregory Norton Baronet Colonel Edmund Harvey Colonel John Venne Thomas Scot. Esquire Thomas Andrewes Alderman William Cawley Esquire Antony Stapely Esquire Colonel John Downes Colonel Thomas Horton Colonel Thomas Hammond Nicholas Love Esquire Vincent Potter Augustine Garland Esquire John Dixwell Esquire Colonel George Fleetwood Simon Mayne Esquire Colonel James Temple Peter Temple Daniel Blagrave Esquire
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 Januar. 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 30. 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 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 To Colonel Francis Hacker Colonel Huncks and Lieutenant Colonel Phayre and to every of them Given under our hands and seals John Bradshaw Thomas Gray Ol. Cromwel Edw. Whaley Mi. Livesey John Okey Jo. Danvers Jo. Bourchier Rich. Ingoldsby W. Cawley J. Barkestead Isaac Ewer J. Dixwell Val. Wauton Symon Meyne Tho. Horton H. Ireton Tho. Maleverer John Blakeston Jo. Hutchinson Will. Goffe Tho. Pride Pe. Temple Tho. Harrison Hen. Smith Per. Pelham Ri. Dean Rob. Tichburne Hum. Edwards Dan. Blagrave Owen Rowe William Purefoy Ad. Scroope James Temple A. Garland Edm. Ludlow Hen. Marten Vincent Potter W. Constable Jo. Jones Jo. Moore Ha. Waller Gilb. Millington G. Fleetwood J. Alured Rob. Lilburne W. Saye Anth. Stapeley Gre. Norton Tho. Chaloner Tho. Wogan Jo. Venne Greg. Clement Jo. Downes Tho. Waite Tho. Scott Jo. Carew Miles Corbet Tuesday the thirtieth of January the Fatal Day being come the Commissioners met and ordered four or five of their Ministers to attend upon the King at James's where they then kept Him but his Majesty well knowing what miserable comforters they were like to prove refused to have conference with them That Morning before his Majesty was brought thence the Bishop of London who with much ado was permitted to wait upon Him a day or two before and to assist Him in that sad instant read Divine Service in his presence in which the 27th of Saint Matthew the History of our Saviour's Crucifixion proved the second Lesson The King supposing it to have been selected on purpose thank'd him afterwards for his seasonable choice But the Bishop modestly declining that undue thanks told him that it was the Lesson appointed by the Calendar for that day He also then and there received of the Bishop the holy Sacrament and performed all His Devotions in preparation to His Passion Which ended about ten of the clock His Majesty was brought from Saint James's to White-Hall by a Regiment of Foot with Colours flying and Drums beating part marching before and part behind with a private guard of Partisans about Him the Bishop on the the one hand and Colonel Tomlinson who had the charge of Him on the other both bare-headed His Majesty walking very fast and bidding them go faster added That He now went before them to strive for an Heavenly Crown with less solicitude than He had often incouraged His Souldiers to fight for an Earthly Diadem Being come to the end of the Park He went up the Stairs leading to the long Gallery in White-Hall and so into the Cabinet Chamber where He used formerly to lodge There finding an unexpected delay in being brought upon the Scaffold which they had not as then fitted He past the time at convenient distances in Prayer About twelve of the clock His Majesty refusing to dine only eat a bit of Bread and drank a Glass of Claret and about an hour after Colonel Hacker with other Officers and Souldiers brought Him with the Bishop and Colonel Tomlinson through the Banqueting-house to the Scaffold to which the passage was made through a Window Divers Companies of Foot and Troups of Horse were placed on each side of the Street which hindred the approach of the very numerous Spectators and the King from speaking what He had premeditated and prepared for them to hear Whereupon His Majesty finding Himself disappointed omitted much of His intended matter and for what He meant to speak directed Himself chiefly to Colonel Tomlinson I Shall be very little heard of any body here I shall therefore speak a word unto you here Indeed I could hold My peace very well if I did not think that holding My peace would make some men think that I did submit to the Guilt as well as to the Punishment But I think it is My Duty to God first and to My Country for to clear My self both as an honest Man and a good King and a good Christian I shall begin first with My Innocency In troth I think it not very needful for Me to insist long upon this for all the World knows that I never did begin a War first with the two Houses of Parliament and I call God to witness to whom I must shortly make an account that I never did intend for to incroach upon their Privileges they began upon Me it is the Militia they began upon they confest that the Militia was Mine but they thought it fit for to have it from Me. And to be short if any body will look to the Dates of Commissions of their Commissions and Mine and likewise to the Declarations they will see clearly that they began these unhappy Troubles not I. So that as to the guilt of these enormous Crimes that are laid against Me I hope in God that God will clear Me of it I will not I am in Charity God forbid that I should lay it on the two Houses of Parliament there is no necessity of either I hope they are free of this Guilt For I do believe that ill Instruments between them and Me have been the chief cause of all this blood-shed So that by way of speaking as I find my self clear of this I hope and pray God that they may too Yet for all this God forbid that I should be so ill a Christian as not to say that God's Judgments are just upon Me many times he does pay Justice by an unjust Sentence that is ordinary I will only say this That an unjust Sentence that I suffered for to take effect is punished now by an unjust Sentence upon Me. That is So far I have said to shew you that I am an innocent man Now for to shew you that I am a good Christian I hope there is a good man that will bear Me witness that I have forgiven all the World and even those in particular that have been the chief causers of My Death Who they are God knows I do not desire to know I pray God forgive them But this is not all My Charity must go further I
of War And Justice stands a Prisoner at the Bar. This Scene was like the Passion-Tragedy His Saviour's Person none could Act but He. Behold what Scribes were here what Pharisees What Bands of Souldiers what false Witnesses Here was a Priest and that a Chief one who Durst strike at God and His Vicegerent too Here Bradshaw Pilate there This makes them twain Pilate for Fear Bradshaw condemn'd for Gain Wretch couldst not thou be rich till Charles was dead Thou might'st have took the Crown yet spar'd the Head Th' hast justifi'd that Roman Judge He stood And washt in Water thou hast dipt in Blood And where 's the Slaughter-House White-hall must be Lately His Palace now His Calvary Great CHARLES is this Thy dying-place And where Thou wer 't our KING art Thou our MARTYR there Thence thence Thy Soul took flight and there will we Not cease to Mourn where Thou didst cease to Be. And thus blest Soul He 's gone a Star whose fall As no Eclipse proves Oecumenical That Wretch had skill to sin whose Hand did know How to behead three Kingdoms at one blow England hath lost the Influence of her KING No wonder that so backward was her Spring O dismal Day but yet how quickly gone It must be short Our SUN went down at Noon And now ye Senators is this the Thing So oft declar'd is this your Glorious King Did you by Oaths your God and Country mock Pretend a Crown and yet prepare a Block Did you that swore you 'd Mount CHARLES higher yet Intend the Scaffold for His Olivet Was this Hail Master Did you bow the knee That you might murther Him with Loyalty Alas two Deaths what Cruelty was this The Axe design'd you might have spar'd the Kiss London didst thou Thy Prince's Life betray What could Thy Sables vent no other way Or else didst thou bemoan His Cross then ah Why would'st thou be the cursed Golgotha Thou once hadst Men Plate Arms a Treasury To bind thy KING and hast thou none to free Dull beast thou should'st before thy Head did fall Have had at least thy Spirits Animal Did You Ye Nobles envy CHARLES His Crown Jove being fal'n the Puny-gods must down Your Raies of Honour are eclip'st in Night The Sun is set from whence You drew your Light Religion Veils her self and Mourns that she Is forc'd to own such horrid Villany The Church and State do shake that Building must Expect to fall whose Prop is turn'd to Dust But cease from Tears-CHARLES is most blest of men A God on Earth more than a Saint in Heav'n THE END A COLLECTION OF DECLARATIONS TREATIES AND OTHER Principal Passages concerning the DIFFERENCES BETWIXT King Charles I. AND HIS TWO HOUSES OF PARLIAMENT Clearly Manifesting The Justice of His Cause His Sincerity in Religion His Constant Endeavours for Peace Bona agere mala pati Regium est LONDON Printed MDCLXXXVII THE PREFACE TO THE NOBILITY and GENTRY OF ENGLAND I Might call this Collection A Complete Body of English Politicks as comprehending both the Duty and the Interest of all true English-men and those largely set forth in some of the most excellent Discourses that were ever written in this kind Which for their own sakes might claim some better respect from the present Age than to be cast aside as out-dated Pamphlets or at the best confusedly scattered like the Leaves of Sibylla without any care of conserving and transmitting them to Posterity The sad Experience of so many years hath taught this Nation to their cost how miserable even the greatest Subjects make themselves by incroaching upon that Soveraignty which alone can protect them from the Injuries and the Scorn of their Inferiours Here you will discover the Arts the Means and the Degrees by which those Mischiefs were attempted and atchieved Which whensoever you see repeated you will know the Plot is as well against your Privilege and the Liberty of your Countrey as the Prerogative of your Prince Indeed If it were as easie to root out the remembrance of the ill Examples as it is to remit the punishment of the Crimes by Acts of Grace and Pardon and Oblivion it were perhaps no Imprudence to let those Mischiefs sleep with their Authors and leave their Memories buried in the Ruines they have made But since many that are content to take the utmost advantage of a Pardon are yet too good to acknowledge they ever stood in need of any since most will remember only What hath been done and few trouble themselves to inquire How or Why it cannot be thought impertinent together with the Actions to represent also the true Causes that have produced such Effects and the Circumstances that attended them which may remain as Marks to warn Posterity of those Errors which have cost the present Age so dear This is here done not from the private phancies or observations of any one Person or Party but from the Publick and Authentick Writings of Both digested in such order that the Reader may compare what both sides had to say for themselves and thereby discern whose Designs and what Counsels tended most to the Peace and Welfare of the Nation A study most proper for those Ranks of men whom the Favour of Princes hath raised above the Common Multitude to this one End that they may assist Them in the administration of Their Government and in keeping Peace and good order in their Countries To have Collected all that passed in these great Contests would have been the Work of many Volumes But the most material and most necessary to carry on the Series of Times and Things which in a manner comprehend the Sum or at least shew the Result of all the rest are here disposed according to their most natural order of time under these few heads I. His Majesties Declarations concerning His Proceedings in His Four first Parliaments p. 217. II. Declarations and Papers concerning the Differences betwixt His Majesty and His Fifth Parliament p. 241. III. Declarations and Paper concerning the Treaty of Peace at Oxford MDCXLII III. p. 325. IV. A Declaration concerning the Cessation in Ireland Also Declarations and Passages of the Parliament at Oxford p. 401. V. Papers and Passages concerning the Treaty of Peace at Vxbridge p. 437. VI. Messages Propositions and Treaties for Peace With divers Resolutions and Declarations thereupon MDCXLV VI. VII VIII p. 547. HIS MAJESTIES DECLARATIONS CONCERNING HIS PROCEEDINGS IN HIS FOUR FIRST PARLIAMENTS A Declaration of the true Causes which moved His MAJESTY to Assemble and after inforced Him to Dissolve the First and Second Meetings in Parliament THE King 's most Excellent Majesty since His happy access to the Imperial Crown of this Realm having by His Royal Authority summoned and assembled two several Parliaments the first whereof was in August last by adjournment held at Oxford and there dissolved and the other begun in February last and continued until the fifteenth day of this present month of June and then to the unspeakable grief
the whole Kingdom And if any factious Merchant will affront Us in a thing so reasonable and wherein We require no more nor in no other manner than so many of our Predecessors have done and have been dutifully obeyed let them not deceive themselves but be assured that We shall find Honourable and just means to support Our Estate vindicate Our Sovereignty and preserve that Authority which God hath put into Our hands And now having laid down the truth and clearness of Our proceedings all wise and discreet men may easily judge of those rumors and jealous fears that are maliciously and wickedly bruited abroad and may discern by examination of their own hearts whether in respect of the free passage of the Gospel indifferent and equal administration of Justice freedom from Oppression and the great Peace and quietness which every man enjoyeth under his own vine and fig-tree the Happiness of this Nation can be parallel'd by any other of Our neighbour Countries and if not then to acknowledge their own blessedness and for the same be thankful to God the Author of all goodness By the KING A Proclamation for suppressing of false Rumours touching Parliaments WHereas notwithstanding Our late Declaration for satisfying of the minds and affections of Our loving Subjects some ill-disposed persons do spread false and pernicious Rumours abroad as if the scandalous and seditious Proposition in the House of Commons made by an outlawed man desperate in mind and fortune which was tumultuously taken up by some few after that by Our Royal Authority We had commanded their Adjournment had been the Vote of the whole House whereas the contrary is the truth for it was then decried by the wisest and best affected and is since disavowed upon examination by such as were suspected to have consented thereunto and affirmed as well by them as others who served in the House that day to be a thing of a most wicked and dangerous consequence to the good estate of this Kingdom which appeareth to be so by those impressions which this false Rumour hath made in mens minds whereby out of causeless fears the Trade of the Kingdom is disturbed and Merchants discouraged to continue in their wonted Traffique We have thought it expedient not only to manifest the truth hereof but to make known Our Royal pleasure that those who raise or nourish such false reports shall be severely punished and such as chearfully go on with their Trade have all good incouragement not purposing to overcharge Our Subjects by any new burthens but to satisfie Our selves with those Duties that were received by the King Our Father of blessed memory which We neither can nor will dispense withal but shall esteem them unworthy of Our Protection who shall deny the same We intending to imploy it for defence of Our Kingdoms Dominion of Our Seas and safeguard of Our Merchants specially by such Shipping as are now making ready and such further preparation for aid of Our Friends and Allies as need shall require And whereas for several ill ends the calling again of a Parliament is divulged howsoever We have shewed by Our frequent meeting with Our People Our love to the use of Parliaments yet the late abuse having for the present driven Us unwillingly out of that course We shall accompt it presumption for any to prescribe any time unto Us for Parliaments the Calling Continuing and Dissolving of which is always in Our own power and We shall be more inclinable to meet in Parliament again when Our People shall see more clearly into our Intents and Actions when such as have bred this interruption shall have received their condign punishment and those who are mis-led by them and by such ill reports as are raised upon this occasion shall come to a better understanding of Us and themselves Given at Our Court of White-hall this seven and twentieth day of March in the fifth year of Our Reign of Great Britain France and Ireland God save the KING MDCXXIX His MAJESTIE's Letter to the Judges concerning Ship-money To Our Trusty and Well-beloved Sir John Bramston Knight Chief Justice of Our Bench Sir John Finch Knight Chief Justice of Our Court of Common Pleas Sir Humphrey Davenport Knight Chief Baron of Our Court of Exchequer and to the rest of the Judges of Our Courts of Kings Bench Common Pleas and the Barons of Our Court of Exchequer CHARLES R. TRusty and Well-beloved We greet you well Taking into Our Princely consideration that the Honour and Safety of this Our Realm of England the preservation whereof is only entrusted to Our care was and is more nearly concerned in late than former times as well by divers counsels and attempts to take from us the Dominion of the Seas of which We are sole Lord and rightful Owner or Proprietor and the loss whereof would be of greatest danger and peril to this Kingdom and other Our Dominions as many other ways We for the avoiding of these and the like dangers well weighing with Our self that where the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger there the charge and defence ought to be born by all the Realm in general did for the preventing so publick a mischief resolve with Our self to have a Royal Navy prepared that might be of force and power with Almighty God's blessing and assistance to protect and defend this Our Realm and Our Subjects therein from all such perils and dangers and for that purpose We issued forth Writs under Our Great Seal of England directed to all Our Sheriffs of Our several Counties of England and Wales commanding thereby all Our said Subjects in every City Town and Village to provide such a number of Ships well furnisht as might serve for this Royal purpose and which might be done with the greatest equality that could be In performance whereof though generally throughout all the Counties of this Our Realm We have found in Our Subjects great chearfulness and alacrity which We graciously interpret as a testimony as well of their dutiful affection to Us and Our service as of the respect they have to the Publick which well becometh every good Subject nevertheless finding that some few haply out of ignorance what the Laws and Customs of this Realm are or out of a desire to be eased in their particulars how general soever the charge be or ought to be have not yet paid and contributed to the several Rates and Assessments that were set upon them and foreseeing in Our Princely Wisdom that from thence divers Suits and Actions are not unlikely to be commenced and prosecuted in Our several Courts at Westminster We desirous to avoid such inconveniences and out of Our Princely love and affection to all Our People being willing to prevent such errors as any of Our loving Subjects may happen to run into have thought fit in a case of this nature to advise with you Our Judges who We doubt not are well studied
and informed in the Rights of Our Sovereignty And because the Trials in Our several Courts by the formalities in pleading will require a long protraction We have thought fit by this Letter directed to you all to require your Judgment in the Case as it is set down in the inclosed Paper which will not only gain time but also be of more authority to over-rule any prejudicate opinions of others in the point Given under Our Signet at Our Court of White-hall the second day of February in the twelfth year of Our Reign 1636. C. R. CHARLES R. WHen the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger whether may not the King by Writ under the Great Seal of England command all the Subjects in His Kingdom at their charge to provide and furnish such number of Ships with Men Victuals and Munition and for such time as He shall think fit for the defence and safeguard of the Kingdom from such danger and peril and by Law compel the doing thereof in case of refusal or refractoriness And whether in such case is not the King the sole judge both of the Danger and when and how the same is to be prevented and avoided The Answer of the Judges MAY it please Your most Excellent Majesty We have according to Your Majestie 's command severally and every man by himself and all of us together taken into serious consideration the Case and Questions signed by Your Majesty and inclosed in Your Letter And We are of opinion That when the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger Your Majesty may by Writ under Your Great Seal of England command all the Subjects of this Your Kingdom at their charge to provide and furnish such number of Ships with Men Victual Munition and for such time as Your Majesty shall think fit for the defence and safeguard of the Kingdom from such peril and danger And that by Law Your Majesty may compel the doing thereof in case of refusal or refractoriness And we are also of opinion that in such case Your Majesty is the sole judge both of the Danger and when and how the same is to be prevented and avoided John Bramston John Finch Humphrey Davenport John Denham Richard Hutton William Jones George Crook Thomas Trevor George Vernon Robert Barkly Francis Crauley Richard Weston His MAJESTIE's Declaration to all His loving Subjects of the Causes which moved Him to dissolve His Fourth Parliament THE King 's most Excellent Majesty well knoweth that the Calling Adjourning Proroguing and Dissolving of Parliaments are undoubted Prerogatives inseparably annexed to His Imperial Crown of which He is not bound to render any account but to God alone no more than of His other Regal actions Nevertheless His Majesty whose Piety and Goodness have made Him ever so order and govern all things that the clearness and Candor of His Royal heart may appear to all His Subjects especially in those great and publick matters of State that have relation to the weal and safety of His People and the Honour of His Royal Person and Government hath thought fit for avoiding and preventing all sinister constructions and misinter pretations which the Malice of some persons ill-affected to His Crown and Soveraignty hath or may practise to infuse into the minds an ears of His good and faithful Subjects to set down by way of Declaration the true Causes as well of His Assembling as of His Dissolving the late Parliament IT is not unknown to most of His Majestie 's loving Subjects what discouragements He hath formerly had by the undutiful and seditious carriage of divers of the lower House in preceding Assemblies of Parliament enough to have made Him averse to those ancient and accustomed ways of calling His People together when in stead of dutiful expressions towards His Person and Government they vented their own Malice and disaffections to the State and by their subtle and malignant courses endeavoured nothing more than to bring into contempt and disorder all Government and Magistracy Yet His Majesty well considering that but few were guilty of that seditious and undutiful behaviour and hoping that time and experience had made His loving Subjects sensible of the distemper the whole Kingdom was in danger to be put into by the ill-govern'd actions of those men and His Majesty being ever desirous to tread in the steps of His most noble Progenitors was pleased to issue forth His Writs under the great Seal of England for a Parliament to be holden on the thirteenth day of April last At which day His Majesty by the Lord Keeper of His great Seal was graciously pleased to let both Houses of Parliament know how desirous He was that all His people would unite their hearts and affections in the execution of those Counsels that might tend to the Honour of His Majesty the Safety of His Kingdoms and the good and preservation of all His people and withal how confident He was that they would not be failing in their duties and affections to Him and to the publick He laid open to them the manifest and apparent mischiefs threatned to this and all His other Kingdoms by the mutinous and rebellious behaviour of divers of the Scotish nation who had by their examples drawn many of His Subjects there into a course of disloyalty and disobedience not fit for His Majesty in Honour Safety or Wisdom to endure How to strengthen themselves in their disloyal courses they had addrest themselves to forein States and treated with them to deliver themselves up to their protection and defence as was made apparent under the proper hands of the prime Ring-leaders of that Rebellious Faction These courses of theirs tending so much to the ruine and overthrow of this famous Monarchy united by the descent of the Crown of England upon His Majesty and his Father of blessed Memory His Majesty in His great Wisdom and in discharge of the trust reposed in Him by God and by the Fundamental Laws of both Kingdoms for the protection and government of them resolved to suppress and thereby to vindicate that Sovereign power entrusted to Him He had by the last Summers trial found that his Grace and Goodness was abused and that contrary to his expectation and their faithful promises they had since his being at Berwick and the Pacification there made pursued their former rebellious designs and therefore it was necessary now for his Majesty by power to reduce them to the just and modest condition of their Obedience and subjection which whenever they should be brought unto or seeing their own Errors should put themselves into a way of Humility and Obedience becoming them his Majesty should need no other Mediatours for Clemency and Mercy to them than his own Piety and Goodness and the tender affection he hath ever born to that his native Countrey This being of so great weight and consequence to the whole Kingdo
of the State of the Kingdom THE Commons in this present Parliament assembled having with much earnestness and faithfulness of affection and zeal to the publick good of this Kingdom and His Majesties Honour and Service for the space of twelve months wrastled with the great Dangers and Fears the pressing Miseries and Calamities the various Distempers and Disorders which had not only assaulted but even overwhelmed and extinguisht the Liberty Peace and Prosperity of this Kingdom the comfort and hopes of all His Majesties good Subjects and exceedingly weakned and undermined the foundation and strength of His own Royal Throne do yet find an abounding malignity and opposition in those Parties and Factions who have been the cause of those evils and do still labour to cast aspersions upon that which hath been done and to raise many difficulties for the hinderance of that which remains yet undone and to foment Jealousies betwixt the King and the Parliament that so they may deprive Him and His People of the fruit of his own gracious intentions and their humble desires of procuring the publick Peace Safety and Happiness of this Realm For the preventing of those miserable effects which such malicious endeavours may produce We have thought good to declare First The Root and the growth of these mischievous Designs Secondly The Maturity and ripeness to which they have attained before the beginning of the Parliament Thirdly The effectual Means which have been used for the extirpation of those dangerous evils and the Progress which hath therein been made by His Majesties Goodness and the wisdom of the Parliament Fourthly The ways of Obstruction and Opposition by which that progress hath been interrupted Fifthly The courses to be taken for the removing those Obstacles and for the accomplishing of our most dutiful and faithful intentions and endeavours of restoring and establishing the ancient Honour Greatness and Security of this Crown and Nation The Root of all this mischief we find to be a malignant and pernicious design of subverting the Fundamental Laws and Principles of Government upon which the Religion and Justice of this Kingdom are firmly establish'd The Actors and Promoters hereof have been First The Jesuited Papists who hate the Laws as the obstacles of that Change and subversion of Religion which they so much long for Secondly The Bishops and the corrupt part of the Clergy who cherish Formality and Superstition as the natural effects and more probable supports of their own Ecclesiastical Tyranny and Vsurpation Thirdly Such Counsellors and Courtiers as for private ends have engaged themselves to further the interests of some foreign Princes or States to the prejudice of His Majesty and the State at home The Common Principles by which they moulded and governed all their particular Counsels and Actions were these First To maintain continual Differences and Discontents betwixt the King and the People upon questions of Prerogative and Liberty that so they might have the advantage of siding with Him and under the notions of men addicted to His Service gain to themselves and their parties the places of greatest trust and power in the Kingdom A Second To suppress the purity and power of Religion and such persons as were best affected to it as being contrary to their own ends and the greatest impediment to that Change which they thought to introduce A Third to conjoyn those parties of the Kingdom which were most propitious to their own ends and to divide those who were most opposite which consisted in many particular observations to cherish the Arminian part in those Points wherein they agreè with the Papists to multiply and enlarge the Differences betwixt the common Protestants and those whom they call Puritans to introduce and countenance such Opinions and Ceremonies as are fittest for accommodation with Popery to encrease and maintain ignorance looseness and prophaneness in the People that of those three parties Papists Arminians and Libertines they might compose a body fit to act such Counsels and resolutions as were most conducible to their own ends A Fourth To disaffect the King to Parliaments by Slanders and false Imputations and by putting Him upon other waies of supply which in shew and appearance were fuller of advantage then the ordinary course of Subsidies though in truth they brought more loss than gain both to the King and People and have caused the great Distractions under which we both suffer As in all compounded bodies the Operations are qualified according to the predominant Element so in this mixt party the Jesuited Counsels being most active and prevailing may easily be discovered to have had the greatest sway in all their determinations and if they be not prevented are likely to devour the rest or to turn them into their own nature In the beginning of His Majesties Reign the party begun to revive and flourish again having been somewhat dampt by the breach with Spain in the last year of King James and by His Majesties Marriage with France the Interests and Counsels of that State being not so contrary to the good of Religion and the prosperity of this Kingdom as those of Spain and the Papists of England having been evermore addicted to Spain then France yet they still retained a purpose and resolution to weaken the Protestant parties in all parts and even in France whereby to make way for the Change of Religion which they intended at home The first effect and evidence of their recovery and strength was the dissolution of the Parliament at Oxford after there had been given two Subsidies to His Majesty and before they received relief in any one Grievance many other more miserable effects followed The loss of the Rochel Fleet by the help of our Shipping set forth and delivered over to the French in opposition to the advice of Parliament which left that Town without defence by Sea and made way not only to the loss of that important place but likewise to the loss of all the strength and security of the Protestant Religion in France The diverting of His Majesties course of Wars from the West Indies which was the most facile and hopeful way for this Kingdom to prevail against the Spaniard to an expenceful and succesless attempt upon Cales which was so ordered as if it had rather been intended to make us weary of War then to prosper in it The precipitate breach with France by taking their Ships to a great value without making recompence to the English whose goods were thereupon imbarg'd and confiscate in that Kingdom The Peace with Spain without consent of Parliament contrary to the promise of King James to both Houses whereby the Palatine Cause was deserted and left to chargeable and hopeless Treaties which for the most part were managed by those who might justly be suspected to be no friends to that Cause The charging of the Kingdom with billetted Souldiers in all parts of it and that concomitant design of Germane horse that the Land might either submit with fear or
If the time spent in this Parliament be considered in relation backward to the long growth and deep root of those Grievances which we have removed to the powerful supports of those Delinquents which we have pursued to the great necessities and other charges of the Commonwealth for which we have provided or if it be considered in relation forward to many advantages which not only the present but future ages are like to reap by the good Laws and other proceedings in this Parliament we doubt not but it will be thought by all indifferent judgments that our time hath been much better imployed then in a far greater proportion of time in many former Parliaments put together and the charges which have been laid upon the Subjects and the other inconveniences which they have born will seem very light in respect of the benefit they have and may receive And for the matter of Protections the Parliament is so sensible of it that therein they intend to give them whatsoever ease may stand with Honour and Justice and are in a way of passing a Bill to give them satisfaction They have sought by many subtle practices to cause jealousies and divisions betwixt us and our brethren of Scotland by slandering their proceedings and intentions towards us and by secret endeavours to instigate and incense them and us one against another They have had such a party of Bishops and Popish Lords in the House of Peers as hath caused much opposition and delay in the prosecution of Delinquents hindered the proceedings of divers good Bills passed in the Commons House concerning the reformation of sundry great abuses and corruptions both in Church and State They have laboured to seduce and corrupt some of the Commons House to draw them into Conspiracies and Combinations against the Liberty of the Parliament and by their Instruments and agents they have attempted to disaffect and discontent His Majesties Army and to engage it for the maintenance of their wicked and traiterous designs the keeping up of Bishops in their Votes and Functions and by force to compel the Parliament to order limit and dispose their proceedings in such manner as might best concur with the intentions of this dangerous and potent faction And when one mischievous design and attempt of theirs to bring on the Army against the Parliament and the City of London had been discovered and prevented they presently undertook another of the same damnable nature with this addition to it to endeavour to make the Scotish Army neutral whilst the English Army which they had laboured to corrupt and invenome against us by their false and slanderous suggestions should execute their malice to the subversion of our Religion and the dissolution of our Government Thus they have been continually practising to disturb the Peace and plotting the destruction even of all the Kings dominions and have employed their Emissaries and Agents in them all for the promoting of their devilish designs which the vigilancy of those who were well-affected hath still discovered and defeated before they were ripe for execution in England and Scotland only in Ireland which was farther off they have had time and opportunity to mould and prepare their work and had brought it to that perfection that they had possessed themselves of that whole Kingdom totally subverted the Government of it rooted out Religion and destroyed all the Protestants whom the conscience of their duty to God their King and Countrey would not have permitted to joyn with them if by God's wonderful providence their main enterprise upon the City and Castle of Dublin had not been detected and prevented upon the very Eve before it should have been executed Notwithstanding they have in other parts of that Kingdom broken out into open Rebellion surprized Towns and Castles committed murders rapes and other villanies and shaken off all bonds of Obedience to His Majesty and the Laws of the Realm and in general have kindled such a fire as nothing but God's infinite blessing upon the wisdom and endeavours of this State will be able to quench it And certainly had not God in his great mercy unto this Land discovered and confounded their former designs we had been the Prologue to this Tragedy in Ireland and had by this time been made the lamentable spectacle of misery and confusion And now what hope have we but in God when as the only means of our subsistence and power of Reformation is under Him in the Parliament But what can we the Commons without the conjunction of the House of Lords and what conjunction can we expect there when the Bishops and Recusant Lords are so numerous and prevalent that they are able to cross and interrupt our best endeavours for Reformation and by that means give advantage to this malignant party to traduce our proceedings They infuse into the People that we mean to abolish all Church-government and leave every man to his own fancy for the Service and Worship of God absolving him of that Obedience which he owes under God unto His Majesty whom we know to be entrusted with the Ecclesiastical Law as well as with the Temporal to regulate all the members of the Church of England by such rules of order and discipline as are established by Parliament which is his great Council in all affairs both of Church and State We confess our intention is and our endeavours have been to reduce within bounds that exorbitant power which the Prelates have assumed unto themselves so contrary both to the Word of God and to the Laws of the Land to which end we past the Bill for the removing them from their Temporal power and employments that so the better they might with meekness apply themselves to the discharge of their functions Which Bill themselves opposed and were the principal instruments of crossing it And we do here declare that it is far from our purpose or desire to let loose the golden reins of Discipline and Government in the Church to leave private persons or particular Congregations to take up what form of Divine Service they please for we hold it requisite that there should be throughout the whole Realm a Conformity to that Order which the Laws enjoyn according to the Word of God and we desire to unburthen the Consciences of men of needless and superstitious Ceremonies suppress innovations and take away the monuments of Idolatry And the better to effect the intended Reformation we desire there may be a general Synod of the most grave pious learned and judicious Divines of this Island assisted with some from foreign parts professing the same Religion with us who may consider of all things necessary for the peace and good Government of the Church and represent the results of their consultations unto the Parliament to be there allowed of and confirmed and receive the stamp of Authority thereby to find passage and obedience throughout the Kingdom They have malitiously charged us that we intend to destroy and discourage
Husband for Our Daughter in which the Protestant Religion was Our principal Consideration We conceived We had reason to expect your present thanks and the increase of your future trusts We suppose these Demands by this time to appear such as the Demanders cannot be supposed to have any such real fear of Us as hath been long pretended they are too much in the style not only of Equals but of Conquerours and as little to be intended for removing of Jealousies for which end they are said to be asked and that is not as Merchants ask at first much more then they will take but as most necessary to effect it which if they be God help this poor Kingdom and those who are in the hands of such persons whose Jealousies nothing else will remove which indeed is such a way as if there being differences and suits between two persons whereof one would have from the other several parcels of his ancient Land he should propose to him by way of Accommodation that he would quit to him all those in question with the rest of his Estate as the most necessary and effectual means to remove all those suits and differences But We call God to witness that as for our Subjects sake these Rights are vested in Us so for their sakes as well as for Our own We are resolved not to quit them nor to subvert though in a Parliamentary way the ancient equal happy well-poised and never-enough-commended Constitution of the Government of this Kingdom nor to make Our Self of a King of England a Duke of Venice and this of a Kingdom a Republick There being three kinds of Government amongst men absolute Monarchy Aristocracy and Democracy and all these having their particular conveniences and inconveniences the experience and wisdom of your Ancestors hath so moulded this out of a mixture of these as to give to this Kingdom as far as humane Prudence can provide the conveniences of all three without the inconveniences of any one as long as the Balance hangs even between the three Estates and they run joyntly on in their proper Chanel begetting Verdure and Fertility in the Meadows on both sides and the overflowing of either on either side raises no Deluge or Inundation The ill of absolute Monarchy is Tyranny the ill of Aristocracy is Faction and Division the ills of Democracy are Tumults Violence and Licentiousness The good of Monarchy is the uniting a Nation under one Head to resist Invasion from abroad and Insurrection at home the good of Aristocracy is the Conjunction of Counsel in the ablest Persons of a State for the publick benefit the good of Democracy is Liberty and the Courage and Industry which Liberty begets In this Kingdom the Laws are joyntly made by a King by a House of Peers and by a House of Commons chosen by the People all having free Votes and particular Privileges The Government according to these Laws is trusted to the King power of Treaties of War and Peace of making Peers of chusing Officers and Counsellours for State Judges for Law Commanders for Forts and Castles giving Commissions for raising men to make War abroad or to prevent or provide against Invasions or Insurrections at home benefit of Confiscations power of Pardoning and some more of the like kind are placed in the King And this kind of regulated Monarchy having this power to preserve that Authority without which it would be disabled to preserve the Laws in their force and the Subjects in their Liberties and Proprieties is intended to draw to Him such a Respect and Relation from the Great ones as may hinder the ills of Division and Faction and such a Fear and Reverence from the People as may hinder Tumults Violence and Licentiousness Again that the Prince may not make use of this high and perpetual Pow'r to the hurt of those for whose good He hath it and make use of the name of publick Necessity for the gain of His private Favourites and Followers to the detriment of His People the House of Commons an excellent Conserver of Liberty but never intended for any SHARE in GOVERNMENT or the chusing of them that should GOVERN is solely intrusted with the first Propositions concerning the Levies of Monies which is the sinews as well of Peace as War and the impeaching of those who for their own ends though countenanced by any surreptitiously-gotten Command of the King have violated that Law which He is bound when He knows it to protect and to the protection of which they were bound to advise Him at least not to serve Him in the contrary And the Lords being trusted with a Judicatory power are an excellent Screen and Bank between the Prince and People to assist each against any Incroachments of the other and by just Judgments to preserve that Law which ought to be the Rule of every one of the Three For the better enabling them in this beyond the Examples of any of Our Ancestors We were willingly contented to oblige Our Self bouth to call a Parliament every three years and not to dissolve it in fifty days and for the present Exigent the better to raise Money and avoid the pressure no less grievous to Us then them Our People must have suffered by a longer continuance of so vast a Charge as two great Armies and for their greater certainty of having sufficient time to remedy the inconveniences arisen during so long an absence of Parliaments and for the punishment of the Causers and Ministers of them We yielded up Our Right of dissolving this Parliament expecting an extraordinary moderation from it in gratitude for so unexampled a Grace and little looking that any Malignant Party should have been encouraged or enabled to have perswaded them first to countenance the Injustices and Indignities We have endured and then by a new way of Satisfaction for what was taken from Us to demand of Us at once to confirm what was so taken and to give up almost all the rest Since therefore the Power Legally placed in both Houses is more then sufficient to prevent and restrain the power of Tyranny and without the Power which is now asked from Us We shall not be able to discharge that Trust which is the End of Monarchy since this would be a total Subversion of the Fundamental Laws and that excellent Constitution of this Kingdom which hath made this Nation so many years both Famous and Happy to a great degree of Envy since to the power of Punishing which is already in your hands according to Law if the power of Preferring be added We shall have nothing left for Us but to look on since the incroaching of one of these Estates upon the power of the other is unhappy in the effects both to them and all the rest since this power of at most a joynt-Government in Us with Our Counsellors or rather Our Guardians will return Us to the worst kind of Minority and make Us despicable both at home and abroad
that Torrent which might have overwhelmed Us and made them as well and by the same Rule Masters of Our Person as of Our Militia This carried Us first from Theobald's to New-market And whosoever reads the Declaration sent Us thither the strange language given Us and Scandals laid upon Us in that Declaration will not wonder that We made all the haste We could from thence to Tork What hath hapned since Our coming hither both in Words and Actions is too notorious to all the parts of Christendom who with wonder and delight are amazed to see the Wisdom Courage Affection and Loyalty of the English Nation appear so far shrunk and confounded by the Malice Cunning and Industry of persons contemptible in Number inconsiderable in Fortune and Reputation united only by Guilt and Conspiracy against Us. A Licence even to Treason is admitted that is not punished in Pulpits and persons ignorant in Learning and Understanding turbulent and Seditious in disposition Scandalous in life and unconformable in Opinion to the Laws of the Land are by these Men their recommendation and authority imposed upon Parishes to infect and poison the minds of Our People Our Towns Our Goods Our Mony are taken from Us and to make the scorn compleat care is taken to perswade Us that We are not injured but that all is done for Our good Opinions and Resolutions are imposed upon Us by Votes and Declarations that We intended to levy War and then Arms taken up to destroy Us Rebellions and Treasons contrived fomented and acted against Us and then Reproaches cast on Us and War raised against Us because We are displeased We send Our Command to Our Keeper of Our Great Seal of England to Adjourn the Term from London to York a thing as much in Our Power as in what room of Our House We will lodge or eat This is straight Voted to be illegal and Our Keeper of Our Own Seal peremptorily forbid to do his Duty to Seal a Writ or Proclamation to that purpose and when in Obedience to Our express Command he comes to wait on Us he is pursued with a Warrant to all Mayors Justices of the Peace Sheriffs and other Officers to apprehend him A Committee is sent down into the Countries near Us to execute their pretended Ordinance who compel Our Subjects to take Arms against Us and threaten and imprison such as refuse without the least colour of Law whilst such who execute Our legal Commission of Array are sent for as Delinquents and declared to be Enemies to the Kingdom Our own Monies seized upon at London and no supply suffered to be sent Us all persons are forbid to come to Us and charge given to all Men near the Northern Road to stop all Men and Horses who are for Our Service coming to York there being as Master Hollis says in his Speech of which he hath the sole Printing and hath granted that Monopoly to one Vnderhill a mark set upon that Place and an opinion declared concerning those who shall resort thither Our High-ways are shut up and Our good Subjects are hindred in their journies and their goods seized and detained from them because they have occasions to use them in the North Our own Houshold Servants refuse to attend Us upon Our Summons and then the putting them from their Places is voted an injury to the Parliament and whosoever shall accept of those Places to offer an affront to the Parliament and render themselves Unworthy of any place of Honour or Trust in the Commonwealth Sir John Hotham is commended and protected for keeping Us out of Our Town of Hull by Force and Arms and Our raising a Guard for Our Defence is voted levying War against Our Parliament whilst he murthers Our Subjects takes them Prisoners burns their Houses drowns their Land and robs all Men he can lay hold of and commits all the insolent Acts of Hostility against Us and Our Subjects which the most equal and declared Enemies practise in any Country And when after all these Outrages Our miserable Subjects throw themselves at Our feet crying for and challenging Our Protection We must not perform that Duty towards them nor presume to say Sir John Hotham is a Traitor because he hath Priviledge of Parliament Our Royal Navy Our Own Ships are taken from Us the Earl of Warwick made Our Admiral in despight and scorn of Us who chases Our Subjects and makes War upon Us under the Authority of another pretended Ordinance and his Letter published by the direction of the House of Peers to shew how easie it was to make an election rather to despise Us and the known unquestionable Law of the Land than to neglect an Order of both Houses in a matter they have no more just power to meddle in than they have to sell Our Houses Parks and Crown-Land and they may as lawfully send those Ships to the Indies and ordain that We shall never have more as keep them in the Downs against Our Will and under a Command We do protest against to all the World We are defamed and publickly reproached for want of zeal against the Rebels in Ireland and when We offer to venture Our own Person and Our Crown-Land for the relief of Our miserable Subjects there such a Journy is voted to be against the Law to be an incouragement to the Rebels that whosoever shall assist Us in it shall be an Enemy to the Commonwealth and that the Sheriffs of Counties shall raise power to suppress any Levies We shall make to that purpose And after all this when it hath been publickly said by Master Martin That Our Office is forfeitable and that the Happiness of this Kingdom doth not depend upon Vs or any of the Regal Branches of that Stock and by Sir Henry Ludlow That We are not worthy to be King of England and been declared that We have no Negative voice which puts Our Crown the Law of the Land the Liberty and Property of the Subjects absolutely into their hands We are told by these devout Champions for Anarchy and Confusion That We are fairly dealt with that We are not deposed That if they did that there would be neither want of Modesty or Duty in them They publish false scandalous Declarations to corrupt Our good Subjects in their Loyalty and Affection to Us injoyn them to be read and disperse them with all Care and Industry and send for all Ministers who according to Our Command publish Our Answers to undeceive Our People as Delinquents notwithstanding We have not prohibited any to read theirs They commit the Lord Mayor of London and other Mayors for publishing Our Proclamations according to Our Writ and his Oath and streightly charge all Our ministers of Justice not to obey Us They raise an Army against Us and chuse the Earl of Essex for their General and grant him a power Over Us the Law and all Our People that he may kill and destroy whom he thinks fit and impose an
take in those of another Kingdom to their Resolutions who are not bound by our Laws But what violation soever they make of the Laws they are forward to put the King in mind of His Duty and therefore tell Him That He is sworn to maintain the Laws as they are sworn to their Allegiance to Him these Obligations being reciprocal It is true in some sense that the Oath of the King and Subjects is reciprocal that is each is bound to perform what they swear the King as well as the Subjects but he that will well weigh their Letter and make one part have connexion with the other and examine that part of their Covenant whereby they swear they will defend the Kings Person and Authority no further or otherwise than in preservation of their Religion and Liberties may easily find another construction viz. That the Subjects Allegiance is no longer due than the King performs His Duty nay no longer than He in their opinion observes His Duty whereof they themselves must be Judges and if He fail in His Duty they may take up Arms against Him A Principle which as it is utterly destructive to all Government so we believe they themselves dare not plainly avow it lest as they now make use of it against the King so the People finding their failure of Duty and breach of Trust should hereafter practise it by taking up Arms against them and so shake of that yoak of Tyranny imposed by their fellow Subjects which lies so heavy upon them It were well as they still press upon the King maintenance of the Laws they would also know that their Obligation to observe the same is reciprocal and while they here resolve to defend and preserve the full Power of this Parliament which in their sense can be no other than the Power they have exercised this Parliament they would take notice that they are therein so far from observation of the Laws that they desperately resolve an utter subversion of them For what can more tend to the destruction of the Laws than to usurp a Power to themselves without the King and against His will to raise Arms to attribute to their Orders or pretended Ordinances the power of Laws and Statutes to inforce Contributions Loans and Taxes of all sorts from the Subject to imprison without cause shewed and then prohibit Writs of Habeas Corpus for their enlargement to lay Excises upon all Commodities to command and dispose of the Lives and Estates of the free-born Subjects of this Kingdom at their pleasure to impose Tonnage and Poundage contrary to the Law declared in the late Act for Tonnage and Poundage and all this done and justified as by a legal civil Power founded and inherent in them All which are manifest breaches of the Petition of Right and Magna Charta the great Evidence of the Liberties of England which Charter by express words binds them and us though assembled in Parliament as well as the King And though it be not now as heretofore it hath been taken by solemn Oath on the Peoples part as well as on the Kings nor a Curse as heretofore pronounced on the Violators yet they having taken a Protestation to maintain the Laws and the Liberties and Properties of the Subject and inclusively that Charter let them take heed whilst they make use of this their pretended Power to the destruction of the Law lest a Curse fall upon them and upon their Posterity God knoweth and it is too certain a truth that our selves and many other good Subjects in this Kindom even under the Power of the Kings Army have suffered exceedingly in Liberty and Estates during this present Rebellion by many heavy Charges the sad consideration whereof makes our hearts bleed because we can see no way for relief so long as this unnatural Rebellion continues But as these things were first practised by them and thereby necessitated upon the Kings Army so it was never yet pretended that they were done by virtue of a Law but either by Consent or by the unhappy and unavoidable exigences of War and to expire with the present Rebellion which God in mercy hasten For our parts we have the inward comfort of our own Consciences witnessing with us that we have improved all opportunities and advantages for the restoring of this Kingdom to its former Peace and we must witness for His Majesty His most hearty desires thereof And though both His Majesty and our endeavours therein have been made frustrate yet God in his great goodness hath raised up our spirits not to desert our Religion our King our Laws our Lives the Liberties of us English free-born Subjects and by God's assistance and His Majesty's concurrence we do resolve to unite our selves as one Man and cheerfully adventure our Lives and Estates for the maintenance and defence of the true Reformed Protestant Religion of the Church of England of which we profess our selves to be for the defence of the Kings Person and Rights of His Crown for the regaining and maintaining the Rights and Privileges of Parliament and the Liberty of the Subjects Person and Property of his Estate according to the known Laws of the Land to repel those of the Stotish Nation that have in a warlike manner entred this Realm and to reduce the Subjects thereof now in Rebellion to the Kings Obedience And we doubt not but the same God will enlighten the eyes of the poor deceived People of this Land like true-hearted honest English-Men to joyn unanimously with us in so just and pious a work And the God of Heaven prosper us according to the goodness of the Cause we have in hand The Names of the Lords and Commons of Parliament assembled at Oxford who did subscribe the Letter to the Earl of Essex dated January 27. 1643. CHARLES P. YORK CUMBERLAND Ed. Littleton C. S. Fra. Cottington D. Richmond M. Hartford E. Lindsey E. Dorset E. Shrewsbury E. Bath E. Southampton E. Leicester E. Northampton E. Devonshire E. Carlisle E. Bristol E. Berkshire E. Cleveland E. Rivers E. Dover E. Peterburgh E. Kingston E. Newport E. Portland V. Conway L. Digby L. Mowbray and Maltravers L. Wentworth L. Cromwell L. Rich. L. Paget L. Chandois L. Howard of Charleton L. Lovelace L. Savile L. Mohun L. Dunsmore L. Seymour L. Percy L. Wilmott L. Leigh L. Hatton L. Jermyn L. Carrington JOhn Fettiplace Esq Sir Alex. Denton Sir John Packington Sir Tho. Smith F. Gamul Esq Jo. Harris Esq Joseph Jane Esq Rich. Edgcombe Esq Jonathan Rashleigh Esq G. Fane Esq P. Edgcombe Esq Will. Glanvill Esq Sir Ro. Holborne Sir Ra. Sydenham Fra. Godolphin Esq Geo. Parry D. of Law Amb. Manaton Esq Ri. Vivian Esq Jo. Polewheele Esq John Arundell Esq Tho. Lower Esq Sir Edw. Hide Will. Allestree Esq Sir Geo. Stonehouse Ed. Seymour Esq Peter Sainthill Esq Sir Will. Poole Roger Matthew Esq Ri. Arundell Esq Ro. Walker Esq Giles Strangwaies Esq Sir John Strangwaies Sir Tho. Hele. Sir Ger. Naper Sam. Turner
have said in that Protestation you mention and We thank you for being satisfied with it in which God knows Our Resolution to be so firm and stedfast that We will give any Security under Heaven for the observation of it And as Our greatest desire at this present is to meet in a full and free Convention of Parliament which We are confident would quickly put an end to all these Troubles So when it shall please God to restore that Blessing to Us We shall value and esteem that Council and frequently consult with it and be advised by it as the best means to make both King and People truly happy and We shall then by an Act given wipe out the footsteps of these extraordinary Supplies which nothing but this real visible Necessity which oppresses us all could have compelled Us to make use of and which shall never be mentioned or remembred by Us to the least Prejudice of your Rights and Liberties And in the mean time We shall leave nothing undone for the preservation of particular Contracts and prevention of the disorder and licence of the Souldier which is in Our Power to do no particular Person enduring half that sadness of heart for those Breaches and Pressures which We Our Self do For the prevention and suppression whereof We shall proceed with all Rigour and Severity Lastly as the support and maintenance of the Religion Laws and Privileges of Parliament is as you well know the only Argument of Our defensive Arms so those being secured We shall with all imaginable Joy lay down those Arms And as you have been Our Witnesses and Our Assistants in Our earnest desires of Peace so We promise you We shall not only with the same earnestness always embrace it if it shall be offered but pursue and press it upon the least likelihood of Opportunity And this Our Resolution by God's Blessing shall never be altered by any Advantages or prosperous Success His MAJESTY'S Protestation I DO Promise in the presence of Almighty God and as I hope for his Blessing and Protection That I will to the utmost of My Power defend and maintain the true Reformed Protestant Religion established in the Church of England and by the Grace of God in the same will live and die I desire to Govern by the known Laws of the Land and that the Liberty and Property of the Subject may be by them preserved with the same care as My own just Rights And if it please God by His blessing upon this Army raised for My necessary defence to preserve Me from this Rebellion I do solemnly and faithfully Promise in the sight of God to maintain the just Privileges and Freedom of Parliament and to govern by the known Laws of the Land to My utmost Power and particularly to observe inviolably the Laws consented to by Me this Parliament In the mean while if this time of War and the great necessity and streights I am now driven to beget any violation of those I hope it shall be imputed by God and Man to the Authors of this War and not to Me Who have so earnestly laboured for the preservation of the Peace of this Kingdom When I willingly fail in these particulars I will expect no Aid or Relief from any Man or Protection from Heaven But in this Resolution I hope for the chearful Assistance of all good Men and am confident of God's Blessing MDCXLIV The Declaration of the most Excellent and Potent Prince CHARLES King of Great Britain sent to the Protestant Churches beyond the Seas CHARLES by the Providence of Almighty God King of England Scotland France and Ireland Defender of the Faith To all those who profess the true Reformed Protestant Religion of what Nation degree and condition soever they be to whom this present Declaration shall come Greeting Whereas We are given to understand that many false Rumors and Scandalous Letters are spread up and down amongst the Reformed Churches in Foreign parts by the politick or rather the pernicious industry of some ill-affected Persons that We have an inclination to recede from that Orthodox Religion which We were born baptized and bred in and which We have firmly professed and practised throughout the whole course of Our Life to this moment and that We intend to give way to the introduction and publick Exercise of Popery again in Our Dominions Which Conjecture or rather most detestable Calumny being grounded upon no imaginable foundation hath raised these horrid Tumults and more than barbarous Wars throughout this flourishing Island under pretext of a kind of Reformation which would not only prove incongruous but incompatible with the Fundamental Laws and Government of this Kingdom We desire that the whole Christian World should take notice and rest assured that We never entertained in Our Imagination the least thought to attempt such a thing or to depart a jot from that holy Religion which when we received the Crown and Sceptre of this Kingdom We took a most Solemn and Sacramental Oath to profess and protect Nor doth Our most constant practice and quotidian visible presence in the exercise of this sole Religion with so many Asseverations in the head of Our Armies and the publick Attestation of Our Barons with the circumspection used in the Education of Our Royal Off-spring besides divers other undeniable Arguments only demonstrate this but also that happy Alliance of Marriage We contracted betwixt Our Eldest Daughter and the Illustrious Prince of Orange most clearly confirms the reality of Our Intentions herein by which Nuptial Engagement it appears further that Our endeavours are not only to make a bare Profession thereof in Our Own Dominions but to inlarge and corroborate it abroad as much as lyeth in Our Power This most holy Religion of the Anglicane Church ordain'd by so many Convocations of Learned Divines confirm'd by so many Acts of National Parliaments and strengthned by so many Royal Proclamations together with the Ecclesiastick Discipline and Liturgy thereunto appertaining which Liturgy and Discipline the most eminent of Protestant Authors as well Germans as French as well Danes as Swedes and Switzers as well Belgians as Bohemians do with many Elogies and not without a kind of envy approve and applaud in their publick Writings particularly in the Transactions of the Synod of Dort wherein besides other of Our Divines who afterwards were Prelates one of Our Bishops assisted to whose Dignity all due respects and precedency was given this Religion We say which Our Royal Father of blessed Memory doth publickly assert in that His famous Confession address'd as We also do this Our Protestation to all Christian Princes this this most holy Religion with the Hierarchy and Liturgy thereof We solemny protest that by the help of Almighty God We will endeavour to Our utmost Power and last period of Our Life to keep entire and inviolable and will be careful according to Our duty to Heaven and the tenor of the aforesaid most sacred Oath at Our
which Penalties to be levied and disposed in such manner as both Houses shall agree on wherein to be provided that His Majesty shall have no loss IX That an Act be passed in Parliament whereby the practices of Papists against the State may be prevented and the Laws against them duly executed and a stricter course taken to prevent the saying or hearing of Mass in the Court or any other part of this Kingdom X. The like for the Kingdom of Scotland concerning the four last preceding Propositions in such manner as the Estates of Parliament there shall think fit XI That the King do give His Royal Assent To an Act for the due Observation of the Lords day And to the Bill for the suppression of Innovations in Churches and Chappels in and about the Worship of God and for the better advancement of the Preaching of God's holy Word in all parts of this Kingdom And to the Bill against the enjoying of Pluralities of Benefices by Spiritual Persons and non-Residency And to an Act to be framed and agreed upon by both Houses of Parliament for the reforming and regulating of both Universities of the Colleges of Westminster Winchester and Eaton And to an Act in like manner to be agreed upon for the suppression of Interludes and Stage-playes this Act to be perpetual And to an Act for the taking the Accompts of the Kingdom And to an Act to be made for relief of sick and maimed Souldiers and of poor Widows and Children of Soldiers And to such Act or Acts for raising of Moneys for the payment and satisfying of the publick Debts and Damages of the Kingdom and other publick uses as shall hereafter be agreed on by both Houses of Parliament And to an Act or Acts of Parliament for taking away the Court of Wards and Liveries and all Wardships Liveries Primer seisins and Ouster le maines and all other charges incident or arising for or by reason of Wardship Livery Primer seisin or Ouster le main And for the taking away of all Tenures by Homage and all Fines Licences Seisures and Pardons for Alienation and all other charges incident thereunto and for turning of all Tenures by Knights service either of His Majesty or others or by Knights service or soccage in Capite of His Majesty into free and common Soccage and that His Majesty will please to accept in recompence hereof 100000 pounds per annum And give Assurance of His consenting in the Parliament of Scotland to an Act ratifying the Acts of Convention of the Estates of Scotland called by the Council and Conservatory of Peace and the Commissioners for the common Burthens and assembled the 22 day of June 1643. and several times continued since in such manner and with such additions and other Acts as the Estates convened in this present Parliament shall think convenient XII That an Act be passed in the Parliament of both Kingdoms respectively for confirmation of the Treaties passed betwixt the two Kingdom viz. the large Treaties the late Treaty for the coming of the Scots Army into England and the settling of the Garrison of Berwick of the 29. of November 1643. and the Treaty concerning Ireland of the 6. of August 1642. with all other Ordinances and Proceedings passed betwixt the two Kingdoms in pursuance of the said Treaties XIII That an Act of Parliament be passed to make void the Cessation of Ireland and all Treaties with the Rebels without consent of both Houses of Parliament and to settle the prosecution of the War of Ireland in both Houses of Parliament to be managed by the joynt advice of both Kingdoms and the King to assist and to do no Act to discountenance or molest them therein XIV That an Act be passed in the Parliament of both Kingdoms respectively for establishing the joynt Declaration of both Kingdoms bearing date the 30. of January 1643. in England and 1644. in Scotland with the Qualifications ensuing 1. That the Persons who shall expect no Pardon be only these following RUPERT and MAURICE Count Palatines of the Rhene James Earl of Derby John Earl of Bristol William Earl of Newcastle Francis Lord Cottington John Lord Pawlet George Lord Digby Edward Lord Littleton William Laud Arch-Bishop of Canterbury Matthew Wren Bishop of Ely Sir Robert Heath Knight Doctor Bramhall Bishop of Dery Sir John Biron Knight William Widdrington Colonel George Goring Henry Jermin Esq Sir Ralph Hopton Sir Francis Doddington M. Endymion Porter Sir George Ratcliffe Sir Marmaduke Langdale Sir John Hotham Captain John Hotham his Son Sir Henr Vaughan Sir Francis Windebanke Sir Richard Greenvile Master Edward Hyde Sir John Marley Sir Nicholas Cole Sir Thomas Riddel Junior Colonel ..... Ware Sir John Strangwaies Sir John Culpeper Sir Richard Floyd John Bodvile Esq Mr. David Jenkins Sir George Strode Sir Alexander Carew Marquiss of Huntley Earl of Montross Earl of Niddisdale Earl of Traquaire Earl of Carnewath Viscount of Aubayne Lord Ogilby Lord Rae Lord Harris Lodwick Lindsey sometime Earl of Crawford Patrick Ruthen sometime Earl of Forth James King sometime Lord Ethyn Irving younger of Drunim Gordon younger of Gight Lesly of Auchintoule Sir Robert Spotswood of Dumipace Colonel John Cockram Master John Maxwel sometime pretended Bishop of Ross Master Walter Balcanquall and all such others as being processed by the Estates for Treason shall be condemned before the Act of Oblivion be passed 2. All Papists and Popish Recusants who have been now are or shall be actually in Arms or voluntarily assisting against the Parliaments or Estates of either Kingdom 3. All persons who have had any hand in the plotting designing or assisting the Rebellion in Ireland 4. That Humphry Bennet Esq Sir Edward Ford Sir John Penruddock Sir George Vaughan Sir John Weld Sir Robert Lee Sir John Pate John Ackland Edmund Windham Esquires Sir John Fitz-herbert Sir Edward Laurence Sir Ralph Dutton Henry Lingen Esq Sir William Russel of Worcestershire Thomas Lee of Adlington Esq Sir John Girlington Sir Paul Neale Sir William Thorold Sir Edward Hussey Sir Thomas Lyddel Senior Sir Philip Musgrave Sir John Digby of Nottingh Sir Henry Fletcher Sir Richard Minshal Laurence Halsteed John Denham Esquires Sir Edmund Fortescue Peter St. Hill Esq Sir Tho. Tildesly Sir Hen. Griffith Michael Wharton Esq Sir Hen. Spiller Sir George Benion Sir Edward Nicholas Sir Edward Walgrove Sir Edward Bishop Sir Robert Owsly Sir John Maney Lord Cholmely Sir Thomas Aston Sir Lewis Dives Sir Peter Osborn Samuel Thorneton Esq Sir John Lucas John Blomey Esq Sir Thomas Chedle Sir Nicholas Kemish and Hugh Lloyd Esq and all such of the Scotish Nation as have concurred in the Votes at Oxford against the Kingdom of Scotland and their Proceedings or have sworn or subscribed the Declaration against the Convention and Covenant and all such as have assisted the Rebellion in the North or the Invasion in the South of the said Kingdom of Scotland or the late Invasion made there by the Irish and their Adherents and that the
John Earl of Lowdon Lord Chancellour of Scotland Archibald Marquess of Argyle John Lord Maitland John Lord Balmerino Sir Archibald Johnston Sir Charles Erskin George Dundas Sir John Smith Mr. Hugh Kennedy and Mr. Robert Barclay for the Estates of the Parliament of Scotland together with Master Alexander Henderson upon the Propositions concerning Religion or with any Ten or more of them upon and touching the matters contained in the said Propositions Answers and Messages or any other according to the manner and agreement therein specified or otherwise as they or any Ten or more of them shall think fit and to take all the premises into their serious considerations and to compose conclude and end all differences arising thereupon or otherwise as they or any Ten or more of them in their wisdoms shall think fit and upon the whole matter to conclude a safe and well-grounded Peace if they can And whatsoever they or any Ten or more of them shall do in the premises We do by these presents ratifie and confirm the same Given at Our Court at Oxford the eight and twentieth day of January in the Twentieth year of Our Reign 1644. Their Commission to the English Commissioners Die Martis 28. January 1644. BE it Ordained by the Lords and Commons assembled in Parliament that Algernon Earl of Northumberland Philip Earl of Pembroke and Montgomery William Earl of Salisbury Basil Earl of Denbigh Thomas Lord Viscount Wenman Denzil Hollis William Pierrepont Sir Henry Vane junior Oliver St. John Bulstrode Whitelock John Crew and Edmund Prideaux shall have power and authority and are hereby authorized to joyn with the Commissioners of the Parliament of Scotland together with Alexander Henderson upon the Propositions concerning Religion only to Treat with the Lord Duke of Richmond the Marquess of Hartford the Earl of Southampton the Earl of Kingston the Lord Dunsmore Lord Capel Lord Seymour Sir Christopher Hatton Sir John Culpeper Sir Edward Nicholas Sir Edward Hyde Sir Richard Lane Sir Orlando Bridgeman Sir Thomas Gardiner Master John Ashburnham and Master Jeffrey Palmer or any Ten of them upon the Propositions formerly sent to His Majesty for a safe and well-grounded Peace from His Majesty's humble and Loyal Subjects assembled in the Parliaments of both Kingdoms together with Doctor Steward upon the Propositions concerning Religion only and upon His Majesty's Propositions according to such Instructions as have been given to them or as they from time to time shall receive from both Houses of Parliament Jo. Browne Cler. Parliam Their Commission to the Scots Commissioners AT Edenburgh the saxteÃnt day of Julii the Èeir of God M. Vj c fourty four Èeires The Estaites of Parliament presentlie conveined be vertew of the last act of the last Parliament haldin by His Majesty and thrie Estaites in Anno 1641. considdering that this Kingdome efter all uther meanes of supplicationnes Remonstrances and sending of Commissionaris to His Majesty have bein used without successe did enter into a solemne League and Covenant with the Kingdom and Parliament of England for Reformationne and defence of Religionne the Honor and Happines of the King the Peace and Safety of the thrie Kingdoms of Scotland England and Ireland and ane Treattie aggried upon and ane Armie and Forces raised and sent out of yis Kingdom for these endis Quhairupone the Conventionne of Estaites of this Kingdome the nynt of Jannuary last being desirous to use all good and lawful meanes that Treuth and Peace might be established in all His Majesty's Dominions with such a blessed Pacificationne betwixt His Majesty and His Subjectis as might serve most for His Majesty's trew Honor and the Safety and Happines of His People granted Commissione to Johne Erle of Lowdonne Heigh Chancellor of Scotland Johne Lord Maitland than and Èit in England Sir Archibald Johnestounne of Wariestounne ane of the Lordis of Sessionne and Maister Robert Barclay now in England to repaire to England with powar to thame or any twa of yame to endeavoure the effectuating of ye foirsaides endis conforme to the Commissione and Instructiones than givin to thame as the Commissione of the dait foirsaid proportis Lyke as the saides Johne Lord of Maitland Sir Archibald Johnestounne and Maister Robert Barclay have evir sinceattendit in England in the discharge of the foirsaid Commissione qunhil lately that Sir Archibald Johnestounne returned with some Propositiones prepaired by the Committie of both Kingdomes to be presented to the Estaites of Scotland and to both Howss of the Parliament of England and by thame to be revised and considderit and than by mutual advyse of both Kingdomes to be presented for ane safe and weill-grounded Peace Qwhilkies Propositiones ar revised and considderit and advysed be the Estaites of Parliament now conveined and their sense and resultis drawin up yrupone Whiche Commissione is to endure while the comming of the Commissionaris underwrittin And heirewith also considderin that the endis for the whilk the samen was granted ar not Èit effectuate and that the Propositiones with ye Estaites thair resultis yrupone ar to be returned toye Parliament of England thairfore the Estaites of Parliament be thir presentis gives full powar and Commissione to the said Johne Erle of Lowdonne Lord heigh Chancellor of yis Kingdome Archibald Marqueis of Arg yle and Johne Lord Balmerino for the Nobility Sir Archibald Johnestounne of Wariestounne Sir Charles Erskyne of Cambuskenneth and Maister George Dundas of Maner for the Barrones Sir Johne Smyth of Grottel Proveist of Edenburgh Hew Kennedy Burges of Air and Master Robert Barclay for the Burrowes the thrie Estaites of yis Kingdom and to Johne Lord Maitland supernumerarie in this Commissione or to any thrie or mae of the haill number thair being ane of ilk Estaite as Commissionaris from the Estaites of Parliament of this Kingdome to repaire to the Kingdome of England sick of them as ar not thair already and with powar to thameor any thrie or mae of the whole number thair being ane of ilk Estaite to endeavour the effectuating of ye foirsaides endis the concluding of the Propositions with the Estaites th aire results thairupon and all such uyr materis concerning the good of bothe Kingdomes as ar or sall be from time to time committed unto thame be the Estaites of yis Kingdome or Committies thairof according to the Instructiones givin or to be givin to the Commissionaris abovenameit or thair quorums And for this effect the Estaites Ordeanes Johne Erle of Lowdonne Chancellor Johne Lord Balmerino Sir Archibald Johnestounne of Wariestounne Sir Charles Erskyne of Cambuskenneth and Hew Kennedy repaire with all diligence to the Kingdome of England to the essect before rehearsit conforme to this Commissione and Instructiones As also the Estaites Ordeanes ye saides Archibald Marqueis of Argyle Maister George Dundas of Maner and Sir Johne Smyth Proveist of Edenburgh to repaire to ye Kingdome of England with all sick conveniencie as the occasione of
already settled by the Laws of that Kingdom Their Answer thereunto 15. February TO your Lordships fourth Paper of the 14. of Feb. it is answered that by our Propositions for settling the Admiralty of Scotland by Act of Parliament it is intended that the Admiralty and Forces at Sea c. shall be settled in such manner as the Estates of Parliament there shall think fittest for the safety and security of that Kingdom And as touching the inheritance of any person which is already settled by the Laws of that Kingdom the Estates of Parliament will do that which is agreeable to Justice The King's Commissioners Paper 15. February VVE desire to know whether the Papers delivered to us touching the Militia contain all your Lordships Propositions touching the Militia of England and Scotland and if they do not that your Lordships will deliver the rest that we may make our Answers upon the whole Their Answer 15. Feb. VVHatsoever is contained in the Propositions concerning the Militia of England and Scotland is delivered in to your Lordships except the 23. Proposition and the last Article in the 26. Proposition which are reserved for their proper place After all these passages the King's Commissioners delivered in this Paper in further Answer to their Propositions concerning the Militia 17. Feb. VVE had no purpose in our Answer delivered by us to your Lordships on the sixth day of February to divide our Answers concerning the Militia of the two Kingdoms otherwise than in point of time and till we might receive satisfaction from your Lordships concerning the Powers to be given to the Commissioners of both Kingdoms and the other particulars mentioned in our Papers since delivered to your Lordships wherein we are not as yet satisfied by any Papers delivered by your Lordships to us Our further Answer to those Propositions concerning the Militia is That we are willing and do agree that the like course shall be taken and observed touching the Militia of the Kingdom of Scotland as is offered in our said Paper of the sixth of February and as shall be hereafter agreed on for the Kingdom of England which we conceive to be a full security for the performance and observation of all Articles which shall be agreed upon between us in order to a blessed Peace which we are so desirous may be punctually and exactly observed that we are willing that His Majesty be desired to take a most solemn strict Oath for the full observation thereof and likewise that all persons of any immediate trust by office or attendance on His Majesty and any other whom you shall think fit shall take such Oath for the due observance of the same with such reasonable Penalties as shall be proposed by your Lordships and agreed to by us in which we believe we shall not differ with your Lordships being willing that whosoever shall in the least degree infringe the Agreement which shall be made between us may be looked upon and accounted as most pernicious Enemies to King and Kingdoms And if it shall be thought necessary to make any additional settlement of the Militia with a general reference to the good of the Kingdoms respectively we desire the same may be done after the Peace established by the joynt consent of His Majesty and the two Houses of Parliament in England and His Majesty and the Estates of the Parliament of Scotland respectively And as we shall desire and endeavour to remove all occasions that may interrupt the Peace and Tranquillity of that Kingdom and a perfect Amity with them and shall not desire any change of or to intermeddle in their Laws or Government or give them cause to apprehend any disturbance or violation of them from this Kingdom so are we obliged with all tenderness to preserve the Honour Dignity and Constitution of this Realm And therefore as we are yet satisfied we cannot consent that any Persons authorized by the Estates of the Parliament of Scotland or any advice from thence shall have any influence upon the Militia of this Kingdom or further interpose in the affairs of this Kingdom than is already provided by the Act of Pacification And we offer to your Lordships considerations whether unless there could be an union of the Laws of both Kingdoms such a mixture of Power as is now proposed and the influence thereof both upon Martial and Civil affairs may not prove very inconvenient and prejudicial to both Kingdoms and give cause of Jealousies to each other to the disturbance of that mutual Amity so much desired But if this intermingling of Power in both Kingdoms shall be further insisted on by your Lordships we propound that the same may be settled as after a Peace established shall be agreed by the joynt consent of His Majesty and both Houses of Parliament of England and of His Majesty and the Estates of the Parliament of Scotland and if your Lordships shall insist on any thing further for necessary Security we shall apply our selves to the consideration thereof if we shall have further time so to do according to our desires grounded upon His Majesty's Letter Their Paper 17. Feb. WE do conceive that we have in our former Papers punctually satisfied your Lordships in all you desired to know concerning the Powers of the Commissioners of both Kingdoms and the other particulars mentioned by your Lordships And what your Lordships now offer concerning the Militia of the Kingdom of Scotland that the like course shall be taken in it as is expressed in your Lordships Paper of the 6 th of Feb. to be observed for the Militia of this Kingdom your Lordships may remember that in our Answer to that Paper we told your Lordships it was differing from what we had proposed and unsatisfactory to our just and necessary desires for securing the Peace of the Kingdoms and it cannot be expected that what was so then for the Kingdom of England should now be thought other for the Kingdom of Scotland And though both Kingdoms be now united in the same Cause and labouring under the same Dangers and therefore necessitated to a mutual and reciprocal Assistance of each other had proposed a joynt remedy and security by that Commission desired in our 17 th Proposition we find your Lordships say that as yet you are satisfied you cannot consent unto it To which we answer That we believed we had given your Lordships such convincing Reasons as might have satisfied you and we doubt not but they may if you will recollect your memories concerning them and rightly weight them This being the last day we are to Treat upon this Subject it cannot be expected and as we conceive it is altogether needless to use any more Arguments we do therefore desire your Lordships will be pleased now at the last to give us your full and positive Answer to our Demands as we have often already pressed your Lordships And whereas your Lordships do propound that if we shall further insist upon the
His Majesty and the two Houses of the Parliament of England and by His Majesty and the Estates of the Parliament of Scotland respectively and not otherwise At the same time the Scotch Commissioners from themselves apart delivered in this Paper signed by their own Secretary only all the other Papers being signed by two Secretaries for the English and Scotch Commissioners 21. Feb. VVE the Commissioners of the Parliament of Scotland do declare that our Consent to the Paper given in this day concerning the limitation of the Power of the Militia in Commissioners according to the 17 th Proposition to continue for seven years from the time of the passing of the Act for the Militia and after the expiration of that term to be settled in such manner as shall be agreed upon by His Majesty and the two Houses of the Parliament of England and by His Majesty and the Estates of the Parliament of Scotland respectively and not otherwise is to be understood as followeth That we will represent the same to the Estates of the Parliament of Scotland or their Committees to which we are confident they will assent as that which is conceived to conduce to a happy Agreement and settling of a firm and blessed Peace The King's Commissioners Answer 22. Feb. VVE have hitherto conceived that this Treaty hath been betwixt us that are appointed Commissioners by His Majesty and your Lordships the Commissioners from the two Houses of the Parliament of England and your Lordships the Commissioners of the Parliament of Scotland joyntly and not severally But finding that your Lordships the Commissioners of the Parliament of Scotland have delivered to us a distinct Paper signed only by your Secretary of the twentieth of Feb. concerning the Militia and that not concurring with the other joynt Paper delivered and subscribed by both your Secretaries upon that Subject that day we desire to know whether the Commissioners of the Parliament of Scotland have a negative voice or have not power to conclude without farther power to be granted from the Estates of the Parliament of Scotland and expect in this Treaty to be severally Treated with And after your Lordships Answer to this Paper we shall be able to give your Lordships a farther Answer to your joynt Paper of the 20 th of February Their paper 122. Feb. THE Treaty is betwixt us that are the Commissioners of the Parliaments of both Kingdoms joyntly and not severally and your Lordships the Commissioners from His Majesty and the Commissioners of the Parliament of Scotland did joyn with the Committees of the two Houses of the Parliament of England in giving in the other joynt Paper concerning the Militia delivered yesterday subscribed by both Secretaries But seeing it contains an alteration limiting the time to seven years which in the former Propositions agreed to by both Parliaments is indefinite they did declare that they are confident the Parliament of Scotland will assent thereto and they have shewed your Lordships sufficient Power to conclude any thing by them agreed unto The King's Commissioners Paper 22. Feb. WE cannot rest satisfied with your Lordships Answer to our Paper delivered to you this day concerning your Lordships the Commissioners of the Parliament of Scotland it being indeed but a repetition of your Lordships Paper and no Answer to ours thereupon and it being very necessary for us to know whether the Commissioners of the Parliament of Scotland have a negative voice and whether they have not power to conclude without farther powers to be granted from the Estates of the Parliament of Scotland Upon the Answer to which we must the rather insist because your Lordships last Paper gives the reason of the distinct Paper delivered to us from the Commissioners of the Parliament of Scotland to be because the limitation of Time now offered differs from the Propositions agreed on by both Parliaments in which the Time is indefinite which seems to us to intimate that your Lordships who are the Commissioners from the Parliament of Scotland have not power to consent to any alteration from the said Proposition without first acquainting the Parliament of Scotland although the other joynt Paper delivered upon that Subject be signed by both your Secretaries and thereby it is evident that it much concerns us to know whether the said Commissioners have a negative voice in this Treaty For the matter of your Lordships Paper concerning the limitation of time for the Militia to seven years it is not possible by reason of this shortness of time for the Treaty it being ten of the clock this night when your Paper was delivered to give your Lordships a full Answer it being necessary for us to receive satisfaction from your Lordships in writing or by Conference whether by the words and not otherwise your Lordships intend that after the expiration of the time limited His Majesty shall not exercise the Legal Power which He now hath over the Militia before the same be agreed upon by His Majesty and the two Houses of the Parliament of England and by His Majesty and the Estates of the Parliament of Scotland respectively For which resolution and debate we heartily wish the time were sufficient being very willing to give your Lordships all reasonable satisfaction And therefore we do propose to your Lordships that if the Treaty may not now continue it may be adjourned for such time as you shall think fit and not totally dissolved but again resumed which we propose as the best Expedient now left us for the procuring of a blessed Peace and by it the preservation of this now miserable Kingdom from utter Ruine and Desolation After this about two of the clock the next morning they gave this Paper following which is here mentioned to be delivered upon their breaking up the Treaty and intended for an Answer to the Paper of the 17. of February n o 129. Their Paper 22. Feb. VVE conceive if your Lordships would weigh our Demands concerning the Power of the Commissioners of both Kingdoms you will be satisfied with our Answers to your several Questions Where any Doubts were of the expressions we did explain them and where the Propositions were so clear as they could bear no doubtful sense we did refer your Lordships to the Propositions themselves And we conceive our Demands concerning the Militia to be most reasonable and all Objections made against them to be by us removed And why your Lordships should insist that the Commissioners should not be nominated by the two Houses only and His Majesty who is to be equally secured should name none we much marvel at when you may well consider this Power was not to be exercised by the Commissioners until a Peace had been concluded upon this Treaty and then His Majesty had been fully secured by the Laws of the Kingdom and by the Duties and Affections of His Subjects neither could the Commissioners do any thing in violation of the Peace to the prejudice of His Majesty contrary to
refused to consent to the Bill presented to His Majesty after this for the levying more Money for Ireland justly fearing that the same might be used as the former had been And for the few Cloaths for there were no Moneys intercepted by his Majesties Souldiers in His Majesties Quarters which are said to be intended for Ireland the same were intercepted near Coventry and going thither after that City had refused to receive His Majesty though at the Gates But His Majesty never refused to give any safe Pass through His Quarters for any Goods or Provisions which were intended or prepared for Ireland neither was the same ever desired For the Extracts and Copies of the Letters delivered by us to your Lordships from the Lords Justices and Council of Ireland and the Officers of the Army we have been and are willing that your Lordships should compare them with the Originals but for your having the Names of the Persons who writ the same since there can be no doubt of the truth of our Assertions we conceive it not reasonable to desire the same not knowing what inconvenience any of them since you seem not to like that Advice might incur if at any time they should be found within your Quarters And having now satisfied your Lordships in the matter of the Cessation we shall gladly proceed in the Treaty with your Lordships upon any thing that may be apparently good for His Majesties Protestant Subjects there and the re-setling of that Kingdom in His Majesties Obedience Their Reply 18. Feb. WE do conceive that the Arguments used by us might have fully satisfied your Lordships against His Majesties Power to make a Cessation with the Rebels in Ireland having answered whatsoever your Lordships have hitherto alledged to the contrary and offered if any other Doubts yet remain by Conference to clear them which still we are ready to do and we have heard nothing just or reasonable for that Cessation It will be made evident that the Necessities which by your Lordships were made Excuses for the Cessation were created on purpose to colour the same and we are compelled by your Lordships Paper to let you know that the Committees of Parliament sent into Ireland to endeavour to supply their Necessities were discountenanced by the principal Instruments for that Cessation and when they had taken up 2000 l. upon their personal security for the Army there they were presently after commanded from the Council by a Letter brought thither from His Majesty by the Lord Ormond's Secretary and when the Officers of the Army were contented to subscribe for Land in satisfaction of their Arrears it was declared from His Majesty that He disapproved of such Subscriptions whereby that course was diverted And we do affirm that whatever Sums of money raised for Ireland were made use of by both Houses of Parliament were fully satisfied with advantage and as we are informed before the Bill mentioned in our former Paper was refused by His Majesty And for the Regiments of Horse and Foot mentioned by your Lordships to be raised for Ireland and imployed otherwise by the Houses of Parliament it is true that Forces were so designed and when the Money Arms and other Provisions were all ready and nothing wanting but a Commission from His Majesty for the Lord Wharton who was to command them the same could not be obtained which was the cause those Forces did not go thither and when twelve Ships and six Pinnaces were prepared with a thousand or more Land-Forces for the Service of Ireland and nothing desired but a Commission from His Majesty the Ships lying ready and staying for the same were three Weeks together at three hundred Pound a day charge yet the same was denyed though often desired And where your Lordships seem to imply that the Provision seized by His Majesties Forces were going for Coventry it was made known to His Majesty that the same were for Ireland And your Lordships must needs conceive that the Papers you delivered to us being but Extracts and for that you deny us so to compare them with the Originals as to have the Names of the Persons by whom they were written it is altogether unreasonable for us to give any credit to them it being manifest by this and our former Papers and Debates that the Cessation with the Rebels in Ireland is both unjust and unlawful We therefore insist on our Demands concerning Ireland as apparently good for His Majesties Subjects there and for reducing that Kingdom to His Majesties Obedience Before His Majesties Commissioners gave Answer to this last Paper they being also to answer the rest of the Demands concerning Ireland for their necessary Information touching some Doubts that did arise upon those Demands and the Articles of the Treaty of the 6 th of August concerning Ireland and Ordinances delivered with them the King's Commissioners gave in these several Papers The King's Commissioners First Paper 19. Feb. IN the eighth Article of the Treaty for the coming of the Scots Army into England dated 29. Novemb. 1643. at Edenburgh delivered to us by your Lordships among the Papers for Ireland and desired by the twelfth Proposition to be confirmed by Act of Parliament It is agreed that no Cessation nor any Pacification or Agreement for Peace whatsoever shall be made by either Kingdom without the mutual advice and consent of both Kingdoms or the Committees in that behalf appointed who are to have full power for the same in case the Houses of the Parliament of England or the Parliament or Convention of Estates in Scotland shall not sit We desire to know whether that Article extend to any Cessation Pacification or Agreement in Ireland Their Answer 19. Feb. WE did in Answer to your Lordships Paper of the first of February upon the Propositions concerning Religion deliver the Treaty of the 29. of November 1643. mentioned by your Lordships and not among the Papers for Ireland to which it hath no relation The King's Commissioners Reply 20. Feb. YOur Lordships did deliver the Treaty of the 29. of November 1643. to us with the Papers concerning Ireland and on the 7. day of this instant February and not upon the first of February upon the Propositions concerning Religion Their Answer 20. Feb. WHen your Lordships peruse your Papers you will rest satisfied with our Answer of the 19. of this instant to your first Paper that day given to us for it will appear appear by your Lordships third Paper of the first of February and our Paper given to your Lordships in answer of it that the Treaty of the date at Edenburgh 29. Novemb. 1643. was delivered to your Lordships on the first of February upon the Proposition of Religion and not upon the third of February with the Papers concerning Ireland The Article of the Treaty of the 29. of November 1643. which occasioned these Papers being by their Papers thus acknowledged not to concern Ireland and so not pertinent to that Subject the Kings
to the Committee of both Kingdoms and in case of Disagreement an Appeal lies to the two Houses of the Parliament of England in whom the power of prosecuting the War is to be settled And we must insist to desire that the Lord Lieutenant and the Judges in that Kingdom may be nominated by the two Houses of Parliament who have by sad experience to the great cost of this Kingdom expence of so much Treasure and Blood the loss of many thousand Lives there and almost of all that whole Kingdom from His Majesties Obedience and an inestimable prejudice to the true Protestant Religion found the ill consequence of a bad choice of Persons for those great places of Trust Therefore for His Majesties Honour the good of His Service the great Advantage it will be to the rest of His Majesties Dominions the great Comfort to all good Christians and even an acceptable Service to God himself for the attaining of so much good and the prevention of so much evil they desire to have the nomination of those great Officers that by a prudent and careful Election they may by providing for the good of that now miserable Kingdom discharge their Duty to God the King and their Countrey And certainly if it be necessary to reduce that Kingdom and that the Parliament of England be a faithful Council to his Majesty and fit to be trusted with the prosecution of that War which his Majesty was once pleased to put into their hands and they faithfully discharged their parts in it notwithstanding many practices to obstruct their proceedings as is set forth in several Declarations of Parliament then we say your Lordships need not think it unreasonable that His Majesty should ingage himself to pass such Acts as shall be presented to him for raising Moneys and other necessaries for that War for if the War be necessary as never War was more that which is necessary for the maintaining of it must be had and the Parliament that doth undertake and manage it must needs know what will be necessary and the People of England who have trusted them with their Purse will never begrudge what they make them lay out upon that occasion Nor need his Majesty fear the Parliament will press more upon the Subject then is fit in proportion to the occasion It is true that heretofore Persons about his Majesty have endeavoured and prevailed too much in possessing him against the Parliament for not giving away the Money of the Subject when his Majesty had desired it but never yet did his Majesty restrain them from it and we hope it will not be thought that this is a fit occasion to begin We are very glad to find that your Lordships are so sensible in your expressions of the Blood and Horrour of that Rebellion and it is without all question in His Majesties Power to do Justice upon it if your Lordships be willing that the Cessation and all Treaties with those bloody and unnatural Rebels be made void and that the prosecution of the War be settled in the two Houses of the Parliament of England to be managed by the joynt advice of both Kingdoms and the King to assist and to do no Act to discountenance or molest them therein This we dare affirm to be more than a probable course for the remedying those mischiefs and preserving the remainder of His Majesties good Subjects there We cannot believe your Lordships will think it fit there can be any Agreement of Peace any respite from Hostility with such Creatures as are not fit to live no more than with Wolves or Tigers or any ravenous Beasts destroyers of mankind And we beseech you do not not think it must depend upon the condition of His Majesties other Kingdoms to revenge or not revenge God's Quarrel upon such perfiduous Enemies to the Gospel of Christ who have imbrued their hands in so much Protestant Blood but consider the Cessation that is made with them is for their advantage and rather a Protection then a Cessation of Acts of Hostility as if it had been all of their own contriving Arms Ammunition and all manner of Commodities may be brought unto them and they may furnish themselves during this Cessation and be assisted and protected in so doing that afterwards they may the better destroy the small remainder of his Majesties Protestant Subjects We beseech your Lordships in the bowels of Christian Charity and Compassion to so many poor Souls who must perish if the strength of that raging Adversary be not broken and in the Name of him who is the Prince of Peace who hates to be at Peace with such shedders of Blood give not your consents to the continuation of this Cessation of War in Ireland and less to the making of any Peace there till Justice have been fully executed upon the Actors of that accursed Rebellion Let not the Judgment of War within this Kingdom which God hath laid upon us for our Sins be encreased by so great a Sin as any Peace or Friendship with them whatsoever becomes of us if we must perish yet let us go to our Graves with that comfort that we have not made Peace with the Enemies of Christ yea even Enemies of mankind declared and unreconciled Enemies to our Religion and Nation let not our War be a hindrance to that War for we are sure that Peace will be a hindrance to our Peace We desire War there as much as we do Peace here for both we are willing to lay out our Estates our Lives and all that is dear unto us in this World and we have made Propositions unto your Lordships for both if you were pleased to agree unto them We can but look up to God Almighty beseech him to encline your hearts and casting our selves on him wait his good time for the return of our Prayers in settling a safe and happy Peace here and giving success to our Endeavours in the prosecution of the War of Ireland It had been used by the Commissioners during the Treaty that when Papers were delivered in of such length and so late at night that present particular Answers could not be given by agreement between themselves to accept the Answers the next day dated as of the day before although they were Treating of another Subject and these two last Papers concerning Ireland being of such great length and delivered about twelve of the clock at night when the Treaty in time was expiring so as no Answer could be given without such consent and agreement therefore the King's Commissioners delivered in this Paper 22. February YOur Lordships cannot expect a particular Answer from us this night to the two long Papers concerning Ireland delivered to us by your Lordships about twelve of the clock this night but since there are many particulars in those Papers to which if they had been before mentioned we could have given your Lordships full satisfaction and for that we presume your Lordships are very willing to
at Our Court at Tavestock the 8 th of September 1644. The Bill for Abolishing Episcopacy VVHereas the Government of the Church of England by Arch-bishops Bishops their Chancellors and Commissaries Deans Deans and Chapters Arch-deacons and other Ecclesiastical Officers depending upon the Hierarchy hath by long experience been found to be a great impediment to the perfect Reformation and growth of Religion and very prejudicial to the Civil State and Government of the Kingdom Be it therefore Enacted by the King 's most Excellent Majesty and the Lords and Commons in this present Parliament assembled and by the Authority of the same That from and after the fifth day of November in the year of our Lord One Thousand Six Hundred Forty and Three there shall be no Arch-bishop Bishop Chancellor or Commissary of any Arch-Bishop or Bishop nor any Dean Sub-dean Dean and Chapter or Arch deacon nor any Chancellor Chaunter Treasurer Sub-treasurer Succentor or Sacrist of any Cathedral or Collegiate Church nor any Prebendary Canon Canon-Residentiary Petty-Canon Vicar-Choral Choristers old Vicars or new Vicars of or within any Cathedral or Collegiate Church or any other their Officers within this Church of England or Dominion of Wales and that from and afrer the said fifth day of November the Name Title Dignity Jurisdiction Office and Function of Arch bishops Bishops their Chancellors and Commissaries Deans Sub-deans Deans and Chapters Arch-deacons Canons and Prebendaries and all Chaunters Chancellors Treasurers Sub-treasurers Succentors and Sacrists and all Vicars-Choral and Choristers old Vicars and new Vicars and every of them and likewise the having using or exercising of any Power Jurisdiction Office or Authority by reason or colour of any such Name Title Dignity Office or Function within this Realm of England or Dominion of Wales shall thenceforth cease determine and become absolutely void and shall be abolished out of this Realm and the Dominion of Wales any Usage Law or Statute to the contrary in any wise notwithstanding And that from and after the said fifth day of November no Person or Persons whatsoever by Virtue of any Letters-Patents Commission or other Authority derived from the King's Majesty His Heirs or Successors shall use or exercise any Jurisdiction Ecclesiastical within this Realm or Dominion of Wales but such and in such manner as shall be appointed and established by Act of Parliament And that all Counties Palatine Mannors Lordships Castles Granges Messuages Mills Lands Tenements Meadows Leasues Pastures Woods Rents Reversions Services Parks Annuities Franchises Liberties Priviledges Immunities Rights Rights of Action and of Entry Interests Titles of Entry Conditions Commons Courts-Leet and Courts-Baron and all other Possessions and Hereditaments whatsoever of what nature or quality soever they be or wheresoever they lie or be other than Impropriations Parsonages appropriate Tithes Oblations Obventions Pensions Portions of Tithes Parsonages Vicarages Churches Chappels Advowsons Nominations Collations Rights of Patronage and Presentation which now are or lately were of or belonging unto any Arch-bishop Bishop Arch-bishoprick or Bishoprick or any of them or which they or any of them held or injoyed in right of their said Arch-bishoprick or Bishoprick respectively shall by the Authority of Parliament be vested adjudged and deemed to be and shall be in the very real and actual possession and seisin of the King's Majesty His Heirs and Successors and He shall have hold possess and enjoy the same to Him His Heirs and Successors without any Entry or other Act whatsoever and that the King's Majesty His Heirs and Successors His and their Lessees Farmers and Tenants shall hold and enjoy the same discharged and acquitted of payment of Tithes as freely and in as large ample and beneficial means to all intents and purposes as any Arch-bishop or Bishop at any time or times within the space of two years last past held or enjoyed or of right ought to have held or enjoyed the same Provided nevertheless and be it enacted by the Authority aforesaid That all Leases Grants Gifts Letters-Patents Conveyances Assurances or Estates whatsoever hereafter to be made by the King's Majesty His Heirs or Successors of any the Mannors Lands Tenements Hereditaments which in or by this Act shall come or be limited or disposed of unto His Majesty His Heirs or Successors other than for the Term of One and Twenty years or Three Lives or some other Term of years determinable upon One Two or Three Lives and not above from the time as any such Lease or Grant shall be made or granted whereupon the accustomed yearly Rent or more shall be reserved and payable yearly during the said Term and whereof any former Lease is in being not to be expired surrendred or ended within three years after the making of any such new Lease shall be utterly void and of none effect to all intents constructions and purposes any clause or words of non obstante to be put in any such Patent Grant Conveyance or Assurance and any Law Usage Custom or any thing in this Act to the contrary in any wise notwithstanding And be it further Enacted and Ordained That all Impropriations Parsonages appropriate Tithes Oblations Obventions Portions of Tithes Parsonages Vicarages Churches Chappels Advowsons Nominations Collations Rights of Patronage and Presentation which now are or lately were belonging unto any Arch-bishop or Bishop Arch-bishoprick or Bishoprick and all Mannors Castles Lordships Granges Messuages Mills Lands Tenements Meadows Pastures Woods Rents Reversions Services Parsonages appropriate Tithes Oblations Obventions Pensions Portions of Tithes Parsonages Vicarages Churches Chappels Advowsons Nominations Rights of Patronage and Presentation Parks Annuities Franchises Liberties Priviledges Immunities Rights Rights of Action and of Entry Interests Titles of Entry Conditions Commons Courts-Leet and Courts-Baron and all other Possessions and Hereditaments whatsoever of what nature or quality soever they be or wheresoever they lie or be which now are or lately were of or belonging to any Sub-dean Dean Dean and Chapter Arch-deacon Chaunter Chancellor Treasurer Sub-treasurer Succentor Sacrist Prebendary Canon Canon-Residentiary Petty-Canon Vicars Choral Choristers old Vicars and new Vicars or any of them or any of the Officers of them or any of them which they held or enjoyed in right of their said Dignities Churches Corporations Offices or Places respectively shall by Authority of this present Parliament be vested adjudged and deemed to be and shall be in the very real and actual possession and seisin of Sir VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer Esquire Peter Malbourne Esquire and they shall have hold possess and enjoy the same to them their Heirs and Assigns without any Entry or other Act whatsoever and that for themselves their Lessees Farmers and Tenants discharged and acquitted of payment of Tithes as freely and in as large ample and beneficial manner to all intents and purposes as any of the Persons or Corporations whose Offices or Places are taken away by this Act at
agreed upon and every such Person or Persons so to be named shall have the like Power and Authority Freedom and acquital to all intents and purposes and also all such Wages and Allowances for the said service during the time of his or their Attendance as to any other of the said Persons in this Ordinance is by this Ordinance limited and appointed Provided always that this Ordinance or any thing therein contained shall not give unto the Persons aforesaid or any of them nor shall they in this Assembly assume to exercise any Jurisdiction Power or Authority Ecclesiastical whatsoever or any other Power than is herein particularly expressed The Votes or Orders delivered with it Die Mercurii 5. Julii 1643. ORdered by the Lords and Commons in Parliament assembled That it shall be propounded to the Assembly to morrow at their meeting to take into their Consideration the Ten first Articles of the 39. Articles of the Church of England to free and vindicate the Doctrine of them from all Aspersions and false Interpretations Jovis 6. Julii 1643. Some general Rules for the Assembly directed by the Lords and Commons in Parliament assembled 1. THat two Assessors be joyned to the Prolocutor to supply his place in case of Absence or Infirmity 2. Two Scribes to be appointed to set down all Proceedings and these to be Divines who are not Members of the Assembly viz. Mr. Henry Robrough and Mr. Adoniram Bifield 3. Every Member at his first entrance into the Assembly shall make a serious and solemn Protestation not to maintain any thing but what he believes to be Truth and to embrace Truth in sincerity when discovered to him 4. No Resolution to be given upon any Question on the same day wherein it is first Propounded 5. What any Man undertakes to prove as necessary he shall make good out of the Scriptures 6. No Man to proceed in any dispute after the Prolocutor hath enjoyned him silence unless the Assembly desire he may go on 7. No Man to be denied to enter his Dissent from the Assembly and his Reasons for it in any point after it hath first been debated in the Assembly and thence if the dissenting Party desire it to be sent to the Houses of Parliament by the Assembly not by any particular Man or Men in a private way when either House shall require it 8. All things agreed on and prepared for the Parliament to be openly read and allowed in the Assembly and then offered as the Judgement of the Assembly if the major part assent Provided that the Opinion of any Persons dissenting and the Reasons urged for it be annexed thereunto if the Dissenters require it together with the Solution if any were given in the Assembly to those Reasons Jovis 6. Julii 1643. I A. B. do seriously and solemnly in the presence of Almighty God that in this Assembly whereof I am a Member I will not maintain any thing in matters of Doctrine but what I think in my Conscience to be Truth or in point of Discipline but what I shall conceive to conduce most to the Glory of God and the good and Peace of his Church Veneris 15. Sept. 1643. ORdered by the Lords and Commons in Parliament assembled That it be referred to the Assembly of Divines to set forth a Declaration of the Reasons and Grounds that have induced the Assembly to give their Opinions that this Covenant may be taken in point of Conscience Eodem Die ORdered by the Lords and Commons in Parliament assembled That it be referred to the Committee formerly appointed to Treat with the Scotch Commissioners to Treat with them about the manner of taking the Covenant in both Kingdoms Mercurii 22. August 1643. ORdered by the Lords and Commons in Parliament assembled That it be propounded to the Assembly of Divines to consider of the Doctrine of the Nine next Articles of the 39 Articles of the Church of England to clear and vindicate the same from all Aspersions and false Interpretations The Articles of the sixth of August 1642. Articles of the Treaty concerning the Reducing of the Kingdom of Ireland to the Obedience of the Kings Majesty and Crown of England agreed upon between the Commissioners for Scotland authorized by his Majesty and the Parliament of that Kingdom and the Commissioners for England authorized by his Majesty and the Parliament of that Kingdom at Westminster the sixth day of August 1642. FIrst The Scotish Commissioners out of the sense of that Duty which the Kingdom of Scotland owes to His Majesty and the true Affection they bear towards the Kingdom of England being willing to contribute their best assistance for the speedy relief of those distressed parts in Ireland which lye nearest the Kingdom of Scotland have in the name of that Kingdom made offer of ten thousand Men to be imployed in that Service and for a further Testimony of their Zeal to His Majesties Service and Brotherly respect to the Kingdom of England have declared that the Kingdom of Scotland will upon their own Charge levy and transport these Men. Secondly Because the Kingdom of Scotland are to send over with their Army the number of Six thousand Muskets and Four thousand Pikes with such Cannon and Ammunition as shall be fitting for the service it is agreed that Four thousand Muskets and Two thousand Pikes shall be presently sent by the Kingdom of England into the Kingdom of Scotland and delivered at Leith as also that the residue of the said Ten thousand Arms and Ten thousand Swords and Belts shall be delivered there at the first of August next and that as many Cannon and Field-Pieces of the same Bore Weight and Metal shall be carried into Scotland upon their demand as they shall transport into Ireland for the service of that Kingdom and that the said whole Arms and Ammunition shall remain in Scotland until the return of the Scotish Army from Ireland at which time the same shall be restored to the Kingdom of England the Kingdom of Scotland receiving satisfaction for such of their Arms and Ammunition as shall be spent or lost in the service of Ireland As also that there shall be presently sent over from England and delivered to the Scotish Army in Ireland for the defence of the Province of Vlster six pieces of Demy-Cannon of the Ball of four and twenty pound weight with their Equipage Thirdly it is agreed That there shall be two Ships of War presently sent by the Kingdom of England to Lochryan Lamalach Port-Patrick or Air to guard and waft over the Scotish Soldiers and that the said Ships shall attend at the Ports in Ireland for serving the Scotish Army in going and returning betwixt the Coasts and keeping the Passages clear as they shall receive Orders from the chief Commanders of the Scotish Army for the time being according to Instructions received or to be received by the Master of these Ships from the Lord Admiral or Commissioners of the Admiralty for the time
Quarterings nor Marchings and when it shall be found fit to send Troops out of either Army that the Persons to be sent out of the Scotish Army shall be commanded out by their own General the Lieutenant of Ireland prescribing the number which shall not exceed the fourth part of the whole Foot of the Scotish Army nor of the Horse appointed to joyn therewith whereunto they shall return when the Service is done And that no Officer of the Scotish Army shall be commanded by one of his own Quality and if the Commanders of the Troops so sent out of either Army be one of Quality that they command the Party by turns And it is nevertheless provided that the whole Scotish Army may be called out of the Province of Vlster and the Horses appointed to joyn with them by His Majesties Lieutenant of Ireland or other chief Governour or Governours of that Kingdom for the time being if he or they shall think fit before the Rebellion be totally suppressed therein Eleventhly it is agreed That the Scotish Army shall be entertained by the English for three Months from the twentieth of June last and so along after until they be discharged and that they shall have a Months Pay advanced when they are first mustered in Ireland and thereafter shall be duely paid from Month to Month and that there shall be one Muster-master appointed by the English Muster-master General to make strict and frequent Musters of the Scotish Army and that what Companies of Men shall be sent out of Scotland within the compass of the Ten thousand Men shall be paid upon their Musters in Ireland although they make not up compleat Regiments Twelfthly it is agreed That the Scotish Army shall receive their discharge from the King and Parliament of England or from such Persons as shall be appointed and authorized by His Majesty and both Houses of Parliament for that purpose and that there shall be a Months warning before-hand of their disbanding which said discharge and Months warning shall be made known by His Majesty and them to the Council of Scotland or the Lord Chancellor a Month before the discharging thereof and that the Common Souldiers of the Scotish at their dismission shall be allowed fourteen days Pay for carrying of them home Thirteenthly it is provided and agreed That at any time after the Three Months now agreed upon for the entertainment of the Scotish Army shall be expired and that the Two Houses of Parliament or such persons as shall be authorized by them shall give notice to the Council of Scotland or to the Lord Chancellor there that after one Month from such notice given the said Two Houses of Parliament will not pay the said Scotish Army now in Ireland any longer then the said Two Houses of Parliament shall not be obliged to pay the said Army any longer then during the said Month any thing in this Treaty contained to the contrary notwithstanding The Ordinances of the 9. of March and 11. of April Die Sabbati 9. Martii 1643-44 Resolved upon the Question by the Lords and Commons in Parliament assembled THat he who doth or shall command in chief over the said Army by joynt Advice of both Kingdoms shall also command the rest of the British Forces in Ireland and for the further managing of that War and prosecuting the Ends expressed in the Covenant that the same be done by joynt Advice with the Committees of both Kingdoms Die Jovis 11. April 1644. Resolved upon the Question by the Lords and Commons in Parliament assembled THat the Earl of Leven Lord General of the Scots Forces in Ireland being now by the Votes of both Houses agreed to be Commander in chief over all the Forces as well British as Scots according to the Fourth Article of the result of the Committees of both Kingdoms passed both Houses be desired with all convenient speed by the Advice of the said Committees to appoint and nominate a Commander in chief under his Excellency over the said Forces to reside with them upon the place Resolved c. THat Committees be nominated and appointed by the joynt Advice of both Kingdoms of such Numbers and Qualities as shall be by them agreed on to be sent with all convenient speed to reside with the said Forces and enabled with all ample Instructions by the joynt Advice of both Kingdoms for the Regulating of the said Forces and the better carrying on of that War The Letter of the Lords Justices and Council of Ireland to the Speaker of the House of Commons in England 4. April 1643. a Duplicate whereof the Original being sent to VVestminster was by them sent to Master Secretary Nicholas for His Majesty SIR OUR very good Lord the Lord Marquess of Ormond having in his March in his last Expedition consulted several times with the Commanders and Officers of the Army in a Council of War and so finding that subsistence could not be had abroad for the Men and Horses he had with him or for any considerable part of them it was resolved by them that his Lordship with those Forces should return hither which he did on the six and twentieth of March. In his return from Rosse which in the case our Forces stand he found so difficult to be taken in as although our Ordinance made a breach in their Walls it was found necessary to desert the Siege he was encountred by an Army of the Rebels consisting of about six thousand Foot and six hundred and fifty Horse well armed and horsed yet it pleased God so to disappoint their counsels and strength as with those small Forces which the Lord Marquess had with him being of fighting men about two thousand five hundred Foot and five hundred Horse not well armed and for the most part weakly horsed and those as well Men as Horses much weakned by lying in the Fields several Nights in much Cold and Rain and by want of Mans-meat and Horse-meat the Lord Marquess obtained a happy and glorious deliverance and Victory against those Rebels wherein were slain about three hundred of them and many of their Commanders and others of Quality and divers taken Prisoners and amongst those Prisoners Colonel Cullen a Native of this City who being a Colonel in France departed from thence and came hither to assist the Rebels and was Lieutenant-General of their Army in the Province of Leimster and the Rebels Army were totally routed and defeated and their Baggage and Munition seized on by His Majesties Forces who lodged that Night where they had gained the Victory and on our side about twenty slain in the fight and divers wounded We have great cause to praise God for magnifying his Goodness and Mercy to His Majesty and this His Kingdom so manifestly and indeed wonderfully in that Victory However the Joy due from us upon so happy an occasion is we confess mingled with very great Distraction here in the apprehension of our Unhappiness to be such as although the
Parliament of Scotland to an Act acknowledging and ratifying the Acts of the Convention of Estates of Scotland called by the Council and Conservers of the Peace and the Commissioners of the Common Burthens and assembled the Two and Twentieth day of June 1643. and several times continued since and of the Parliament of the Kingdom since convened XIII That the Lords and Commons in the Parliament of England assembled shall during the space of twenty years from the first of July 1646. Arm Train and Discipline or cause to be Armed Trained and Disciplined all the Forces of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed already raised both for Sea and Land-service and shall from time to time during the said space of twenty years raise levy arm train and discipline or cause to be raised levied armed trained and disciplined any other Forces for Land and Sea-service in the Kingdoms Dominions and Places aforesaid as in their judgments they shall from time to time during the said space of twenty years think fit and appoint and that neither the King His Heirs or Successors nor any other but such as shall Act by the Authority or Approbation of the said Lords and Commons shall during the said space of twenty years exercise any of the Powers aforesaid And the like for the Kingdom of Scotland if the Estates of the Parliament there shall think fit That Moneys be raised and levied for the maintenance and use of the said Forces for Land-service and of the Navy and Forces for Sea-service in such sort and by such ways and means as the said Lords and Commons shall from time to time during the said space of twenty years think fit and appoint and not otherwise That all the said Forces both for Land and Sea-service so raised or levied or to be raised or levied and also the Admiralty and Navy shall from time to time during the said space of twenty years be imployed managed ordered and disposed by the said Lords and Commons in such sort and by such ways and means as they shall think fit and appoint and not otherwise And the said Lords and Commons during the said space of twenty years shall have power 1. To suppress all Forces raised or to be raised without Authority and Consent of the said Lords and Commons to the disturbance of the publick Peace of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any of them 2. To suppress any Foreign Forces who shall invade or endeavour to invade the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any of them 3. To conjoyn such Forces of the Kingdom of England with the Forces of the Kingdom of Scotland as the said Lords and Commons shall from time to time during the said space of Twenty years judge fit and necessary to resist all Forreign Invasions and to suppress any Forces raised or to be raised against or within either of the said Kingdoms to the disturbance of the Publick Peace of the said Kingdoms or any of them by any Authority under the Great Seal or other Warrant whatsoever without Consent of the said Lords and Commons of the Parliament of England and the Parliament or the Estates of the Parliament of Scotland respectively and that no Forces of either Kingdom shall go into or continue in the other Kingdom without the Advice and Desire of the said Lords and Commons of the Parliament of England and the Parliament of the Kingdom of Scotland or such as shall be by them appointed for that purpose And that after the expiration of the said Twenty years neither the King His Heirs or Successors or any person or persons by colour or pretence of any Commission Power Deputation or Authority to be derived from the King His Heirs or Successors or any of them shall raise arm train discipline imploy order manage disband or dispose any of the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of VVales Isles of Gernsey and Jersey and the Town of Barwick upon Tweed nor exercise any of the said Powers or Authorities in the precedent Articles mentioned and expressed to be during the said space of Twenty years in the said Lords and Commons nor do any Act or thing concerning the execution of the said Powers or Authorities or any of them without the Consent of the said Lords and Commons first had and obtained That after the expiration of the said Twenty years in all Cases wherein the Lords and Commons shall declare the Safety of the Kingdom to be concerned and shall thereupon pass any Bill or Bills for the raising arming training disciplining imploying managing ordering or disposing of the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any part of the said Forces or concerning the Admiralty and Navy or concerning the levying of Moneys for the raising maintenance or use of the said Forces for Land-service or of the Navy and Forces for Sea-service or of any part of them and if that the Royal Assent to such Bill or Bills shall not be given in the House of Peers within such time after the passing thereof by both Houses of Parliament as the said Houses shall judge fit and convenient that then such Bill or Bills so passed by the said Lords and Commons as aforesaid and to which the Royal Assent shall not be given as is herein before expressed shall nevertheless after declaration of the said Lords and Commons made in that behalf have the force and strength of an Act or Acts of Parliament and shall be as valid to all intents and purposes as if the Royal Assent had been given thereunto Provided that nothing herein before contained shall extend to the taking away of the ordinary Legal power of Sheriffs Justices of Peace Maiors Bailifs Coroners Constables Headboroughs or other Officers of Justice not being military Officers concerning the Administration of Justice so as neither the said Sheriffs Justices of the Peace Maiors Bailiffs Coroners Constables Headboroughs and other Officers nor any of them do levy conduct imploy or command any Forces whatsoever by colour or pretence of any Commission of Array or extraordinary command from His Majesty His Heirs or Successors without the Consent of the said Lords and Commons And if any persons shall be gathered and assembled together in warlike manner or otherwise to the Number of Thirty persons and shall not forthwith disband themselves being required thereto by the said Lords and Commons or command from them or any by them especially authorized for that purpose then such person and persons not so disbanding themselves shall be guilty and incur the pains of High
Westminster with that Honour which is due to their Sovereign there solemnly to confirm the same and legally to pass the Acts before mentioned and to give and receive as well satisfaction in all the remaining particulars as likewise such other pledges of mutual Love Trust and Confidence as shall most concern the good of Him and His People Upon which happy Agreement His Majesty will dispatch His Directions to the Prince His Son to return immediately to Him and will undertake for his ready Obedience thereunto Holdenby May 12. 1647. MDCXLVII Jul. The Londoners Petition and Engagement To the Right Honourable the Lord Maior the Right Worshipful the Aldermen and Commons of the City of London in the Common or Guild-Hall of the City of London assembled The Humble Petition of the Citizens Commanders Officers and Soldiers of the Trained Bands and Auxiliaries the Young men and Apprentices of the Cities of London and VVestminster Sea-Commanders Sea-men and Water-men together with divers other Commanders Officers and Soldiers within the Line of Communication and Parishes mentioned in the Weekly Bills of Mortality Sheweth THat your Petitioners taking into serious consideration how Religion His Majesties Honour and Safety the Priviledges of Parliament and Liberties of the Subject are at present greatly endangered and like to be destroyed and also sadly weighing with our selves what means might likely prove the most effectual to procure a firm and lasting Peace without a further effusion of Christian English Blood have therefore entred into a solemn Engagement which is hereunto annexed and do humbly and earnestly desire that this whole City may joyn together by all lawful and possible means as one man in hearty endeavours for His Majesties present coming up to His two Houses of Parliament with Honour Safety and Freedom and that without the nearer approach of the Army there to confirm such things as He hath granted in His Message of the 12. of May last in answer to the Propositions of both Kingdoms and that by a Personal Treaty with his two Houses of Parliament and the Commissioners of the Kingdom of Scotland such things as are yet in difference may be speedily settled and a firm and lasting Peace established All which we desire may be presented to both Houses of Parliament from this Honourable Assembly And we shall pray c. A solemn Engagement of the Citizens Commanders Officers and Soldiers of the Trained Bands and Auxiliaries the Young men and Apprentices of the Cities of London and VVestminster Sea-Commanders Sea-men and Water-men together with divers other Commanders Officers and Soldiers within the Line of Communication and Parishes mentioned in the Weekly Bill of Mortality WHereas we have entred into a solemn League and Covenant for Reformation and Defence of Religion the Honour and Happiness of the King and the Peace and Safety of the Three Kingdoms of England Scotland and Ireland all which we do evidently perceive not only to be endangered but ready to be destroyed we do therefore in pursuance of our said Covenant Oath of Allegiance Oath of every Free-man of the Cities of London and Westminster and Protestations solemnly engage our selves and vow unto Almighty God That we will to the utmost of our power cordially endeavour that His Majesty may speedily come to His two Houses of Parliament with Honour Safety and Freedom and that without the nearer approach of the Army there to confirm such things as He hath granted in His Message of the 12. of May last in Answer to the Propositions of both Kingdoms and that by a Personal Treaty with His two Houses of Parliament and the Commissioners of the Kingdom of Scotland such things as are yet in difference may be speedily settled and a firm and lasting Peace established For effecting whereof we do protest and re-oblige our selves as in the presence of God the searcher of all hearts with our Lives and Fortunes to endeavour what in us lies to preserve and defend His Majesties Royal Person and Authority the Priviledges of Parliament and Liberties of the Subject in their full and constant Freedom the Cities of London and Westminster Lines of Communication and Parishes mentioned in the Weekly Bills of Mortality and all others that shall adhere with us to the said Covenant Oath of Allegiance Oath of every Freeman of London and VVestminster and Protestation Nor shall we by any means admit suffer or endure any kind of Neutrality in this Common Cause of God the King and Kingdom as we do expect the Blessing of Almighty God whose help we crave and wholly devolve our selves upon in this our Undertaking A Declaration of the Lords and Commons assembled in Parliament Die Sabbathi 24. Julii 1647. THE Lords and Commons having seen a printed Paper intituled A Petition to the Right Honourable the Lord Maior the Right VVorshipful the Aldermen and Commons of the City of London in the Common or Guild-Hall of the City of London assembled under the Name of divers Citizens Commanders Officers and Soldiers of the Trained Bands Auxiliaries and others Young men and Apprentices Sea-Commanders Sea-men and VVater-men together with a dangerous Engagement of the same persons by Oath and Vow concerning the King 's present coming to the Parliament upon Terms far different from those which both Houses after mature deliberation have declared to be necessary for the good and safety of this Kingdom casting Reflections upon the Proceedings both of the Parliament and Army and tending to the imbroiling the Kingdom in a new War and the said Lords and Commons taking notice of great endeavours used by divers ill-affected persons to procure Subscriptions thereunto whereby well-meaning people may be misled do therefore declare That whosoever after Publication or notice hereof shall proceed in or promote or set his Name to or give Consent that his Name be set unto or any way joyn in the said Engagement shall be deemed and adjudged guilty of High Treason and shall forfeit Life and Estate as in cases of High Treason accustomed H. Elsynge Cler. Par. Dom. Com. Die Lunae 26. Julii 1647. BE it ordained by the Lords and Commons in Parliament assembled That the Declaration of the twenty fourth of this instant July which declares all those Traitors and so to forfeit Life and Estate who shall after Publication thereof act thereupon to get Subscriptions be Null and Void any thing in the said Declaration to the contrary notwithstanding Joh. Browne Cler. Par. Hen. Elsynge Cler. Par. Dom. Com. Die Lunae 26. Julii 1647. REsolved upon the Question That His Majesty shall come to Londo Die Saturni 31. Julii 1647. Resolved upon the Question That the King's Majesty come to one of His Houses nearer London that Propositions may be sent and Address made to His Majesty from both Houses of the Parliament of England and the Kingdom of Scotland for Peace MDCXLVII His MAJESTIES Declaration and Profession disavowing any Preparations in Him to levy War against His two Houses of Parliament CHARLES R. THere having been many
Rumors spread and Informations given which may have induced many to believe that We intend to make War against Our Parliament We Profess before God and Declare to all the World That We always have and do abhor all such Designs and desire all Our Nobility and Commoners who are here upon the place to declare Whether they have not been Witnesses of Our frequent and earnest Declarations and Professions to this purpose whether they see any colour of Preparations or Counsels that might reasonably beget a belief of any such Design and whether they be not fully perswaded that We have no such intention but that all Our Endeavours according to Our many Professions tend to the firm and constant settlement of the true Protestant Religion the just Priviledges of Parliaments the Liberty of the Subject the Law Peace and Prosperity of this Kingdom MDCXLVII Aug. 1. The Heads of the Proposals agreed upon by his Excellency Sir THOMAS FAIRFAX and the Council of the Army to be tendred to the Commissioners of Parliament residing with the Army and with them to be treated on by the Commissioners of the Army Containing the particulars of their Desires in pursuance of their former Declarations and Papers in order to the clearing and securing of the Rights and Liberties of the Kingdom and the settling a just and lasting Peace To which are added some further particular Desires for the removing and redressing of divers present pressing Grievances being also comprized in or in necessary pursuance of their Former Representations and Papers appointed to be Treated upon I. THat the things hereafter proposed being provided for by this Parliament a certain period may by Act of Parliament be set for the ending of this Parliament such period to be within a year at most and in the same Act provision to be made for the succession and constitution of Parliaments in future as followeth 1. That Parliaments may Biennially be called and meet at a certain day with such provision for the certainty thereof as in the late Act was made for Triennial Parliaments and what further other provision shall be found needful by the Parliament to reduce it to more certainty And upon the passing of this the said Act for Triennial Parliaments to be repealed 2. Each Biennial Parliament to sit 120. days certain unless adjourned or dissolved sooner by their own Consent afterwards to be adjournable or dissolvable by the King and no Parliament to sit past 240. days from their first meeting or some other limited number of days now to be agreed on upon the expiration whereof each Parliament to dissolve of course if not otherwise dissolved sooner 3. The King upon Advice of the Council of State in the Intervals betwixt Biennial Parliaments to call a Parliament extraordinary provided it meet above seventy days before the next Biennial day and be dissolved at least sixty days before the same so as the course of Biennial Elections may never be interrupted 4. That this Parliament and each succeeding Biennial Parliament at or before adjournment or dissolution thereof may appoint Committees to continue during the Interval for such purposes as are in any of these Proposals referr'd to such Committees 5. That the Elections of the Commons for succeeding Parliaments may be distributed to all Counties or other parts or divisions of the Kingdom according to some Rule of equality or proportion so as all Counties may have a number of Parliament-Members allowed to their choice proportionable to the respective Rates they bear in the common Charges and burthens of the Kingdom according to some other Rule of equality or proportion to render the House of Commons as near as may be an equal Representative of the whole and in order thereunto that a present consideration be had to take off the Elections of Burgesses for poor decayed or inconsiderable Towns and to give some present addition to the number of Parliament-Members for great Counties that have now less than their due proportion to bring all at present as near as may be to such a Rule of proportion as aforesaid 6. That effectual provision be made for future freedom of Elections and certainty of due Returns 7. That the House of Commons alone have the power from time to time to set down further Orders and Rules for the Ends expressed in the Two last preceding Articles so as to reduce the Elections of Members for that House to more and more perfection of Equality in the distribution Freedom in the Election Order in the proceeding thereto and Certainty in the Returns which Orders and Rules in that case to be as Laws 8. That there be a Liberty for entring Dissents in the House of Commons with provision that no Member be censurable for ought said or voted in the House further than to exclusion from that Trust and that onely by the judgment of the House it self 9. That the Judicial Power or power of final Judgment in the Lords and Commons and their power of Exposition and Application of Law without further Appeal may be cleared and that no Officer of Justice Minister of State or other person adjudged by them may be capable of Protection or Pardon from the King without their Advice and Consent 10. That the Right and Liberty of the Commons of England may be cleared and vindicated as to a due Exemption from any Judgment Trial or other Proceeding against them by the House of Peers without the concurring Judgment of the House of Commons as also from any other Judgment Sentence or Proceeding against them other than by their Equals or according to the Law of the Land 11. The same Act to provide that Grand-Jury-men may be chosen by and for several parts or divisions of each County respectively in some equal way and not remain as now at the discretion of an Under-Sheriff to be put on or off and that such Grand-Jury-men for their respective Counties may at each Assize present the Names of persons to be made Justices of Peace from time to time as the County hath need for any to be added to the Commission and at the Summer-Assize to present the Names of Three Persons out of whom the King may prick one to be Sheriff for the next year II. For the future security to Parliaments and the Militia in general in order thereunto that it be provided by Act of Parliament 1. That the power of the Militia by Sea and Land during the space of Ten years next ensuing shall be ordered and disposed by the Lords and Commons assembled and to be assembled in the Parliament or Parliaments of England or by such persons as they shall nominate and appoint for that purpose from time to time during the said space 2. That the said power shall not be ordered disposed or exercised by the King's Majesty that now is or by any person or persons by any Authority derived from Him during the said space or at any time hereafter by His said Majesty without the Advice
such others as they shall authorise for that purpose If it shall be more satisfactory to His two Houses to have the Militia and Powers thereupon depending during the whole time of His Majesties Reign rather than for the space of ten years His Majesty gives them the Election Touching Ireland His Majesty having in the two preceding Propositions given His Consent concerning the Church and the Militia there in all things as in England as to all other matters relating to that Kingdom after advice with His two Houses He will leave it to their determination and give His Consent accordingly as is herein hereafter expressed Touching Publick Debts His Majesty will give His Consent to such an Act for raising of Monies by general and equal Taxations for the payment and satisfying the Arrears of the Army Publick Debts and Engagements of the Kingdom as shall be agreed on by both Houses of Parliament and shall be audited and ascertained by them or such persons as they shall appoint within the space of twelve Months after the passing of an Act for the same His Majesty will Consent to an Act that during the said space of ten years the Lord Chancellor or Lord Keeper Commissioners of the Great Seal or Treasury Lord Warden of the Cinque-Ports Chancellor of Exchequer and Dutchy Secretaries of State Master of the Rolles and Judges of both Benches and Barons of the Exchequer of England be nominated by both Houses of the Parliament of England to continue quamdiu se bene gesserint and in the intervals of Parliament by such others as they shall authorise for that purpose His Majesty will Consent That the Militia of the City of London and Liberties thereof during the space of ten years may be in the Ordering and Government of the Lord Mayor Aldermen and Commons in the Common-Councel assembled or such as they shall from time to time appoint whereof the Lord Mayor and Sheriffs for the time being to be three to be imployed and directed from time to time during the said space of ten years in such manner as shall be agreed upon and appointed by both Houses of Parliament And that no Citizen of the City of London nor any of the Officers of the said City shall be drawn forth or compelled to go out of the said City or Liberties thereof for Military service without their own free consent That an Act be passed for granting and confirming the Charters Customes Liberties and Franchises of the City of London notwithstanding any Nonuser Misuser or Abuser And that during the said ten years the Tower of London may be in the Government of the City of London and the Chief Officer and Governor from time to time during the said space to be nominated and removable by the Common-Council as are desired in your Propositions His Majesty having thus far expressed His Consent for the present satisfaction and security of His two Houses of Parliament and those that have adhered unto them touching your four first Propositions and other the particulars before specified as to all the rest of your Propositions delivered to Him at Hampton-Court not referring to those Heads and to that of the Court of Wards since delivered as also to the remaining Propositions concerning Ireland His Majesty desires only when He shall come to Westminster Personally to advise with His two Houses and to deliver His Opinion and the reasons of it which being done He will leave the whole matter of those remaining Propositions to the determination of His two Houses which shall prevail with Him for his Consent accordingly And His Majesty doth for His own particular only propose that He may have Liberty to repair forthwith to Westminster and be restored to a condition of absolute Freedom and Safety a thing which He shall never deny to any of His Subjects and to the possession of His Lands and Revenues and that an Act of Oblivion and Indemnity may pass to extend to all persons for all matters relating to the late unhappy Differences Which being agreed by His two Houses of Parliament His Majesty will be ready to make these His Concessions binding by giving them the force of Laws by His Royal Assent Votes concerning His MAJESTIES Propositions and Concessions Die Lunae Octobr. 2. 1648. Resolved by the Lords and Commons in Parliament assembled THat they are not satisfied in the Propositions made by His Majesty in His Letter And that a Letter be sent to the Commissioners in the Isle of Wight to acquaint them that the Houses do well approve of their proceedings and do give them thanks for their great care and pains in managing of this important and weighty business requiring them still to proceed and act punctually according to their Instructions But upon further Debate in the Treaty some things being yet further cleared and more fully granted by His Majesty out of His earnest desire of Peace they at last came so near to an Agreement that the Lower House after long consultation passed the following Vote Die Martis 5. Decembr 1648. Resolved upon the Question That the Answers of the King to the Propositions of both Houses are a Ground for the House to proceed upon for the Settlement of the Peace of the Kingdom The Chief Heads of the Remonstrance of the Army presented to the House of Commons Nov. 20. MDCXLVII To the Right Honourable the Commons of England Assembled in Parliament The humble Remonstrance of his Excellency the Lord General Fairfax and his General Council of Officers held at St. Albans Thursday the 16. of Novemb. 1648. The Remonstrance it self being very long and serving only to introduce their Propositions in the end we have thought fit to represent only the Propositions themselves as they are contracted in their own Abridgment FIrst That the Capital and grand Author of our Troubles the Person of the King by whose procurement and for whose Interest only of will and power all our Wars have been may be brought to Justice for the Treason Blood and Mischief he is therein guilty of Secondly That a timely day may be set for the Prince of Wales and the Duke of York to come in by which time if they do not that then they may be immediately declared incapable of any Government or Trust in this Kingdom or its Dominions and thence to stand exil'd for ever as Enemies and Traitors to dye without mercy if ever after found and taken therein Or if by the time limited they do render themselves that then the Prince be proceeded with as on his appearance he shall give satisfaction or not and the Duke as he shall give satisfaction may be considered as to future Trust or not But however that the Revenue of the Crown saving necessary allowances for the Children and for Servants and Creditors to the Crown be sequestred and the costly Pomp suspended for a good number of years and that this Revenue be for that time disposed toward publick Charges Debts and Damages for the easing of the
Majesty believeth it cannot be proved either from clear evidence of Scripture or credible testimonies of Antiquity that ever any Presbyter or Presbytery exercised the power either of Ordination at all without a Bishop or of that which they call Ecclesiastical Jurisdiction in ordinary and by their own sole Authority or otherwise than as it was delegated unto them upon occasion and for the time by Apostles or Bishops For that place of Phil. 1. 1. in particular His Majesties purpose being not to interpret the place a work fitter for Divines but to manifest the inconsequence of the Argument whereby you would conclude but two standing Officers only because but two there named He gave this as one probable conjecture why there might be no Bishop in distinct sense there mentioned because possibly the Apostles had not as yet set any Bishop over that Church which His Majesty did not propose as the only no nor yet as the most probable conjecture for which cause He delivered it so cautiously saying only It might be probable but as that which for the present came first into His thoughts and was sufficient for His purpose without the least meaning thereby to prejudice other interpretations as namely of those Expositors who take the words with the Bishops and Deacons as belonging to the persons saluting and not to the persons saluted to this sense Paul and Timotheus the servants of Jesus Christ with the Bishops and Deacons to the Saints at Philippi c. or of those who affirm and that with great probability too that Epaphroditus was then actually Bishop of Philippi but not to be mentioned in the Inscription of the Epistle because he was not then at Philippi but with Saint Paul at Rome when that Epistle was written Any of which conjectures if they be true as there is none of them utterly improbable that place of Phil. 1. 1. will not do you much service in this Question In the Epistles to Timothy and Titus the Apostle directeth and admonisheth them as Bishops particularly concerning Ordination of Ministers that they do it advisedly and ordain none but such as are meetly qualified for the Service of the Church which Directions and Admonitions His Majesty believeth for the substance to belong to all Bishops of after-times as well as unto them But His Majesty seeth no necessity why in those Epistles there should be any particular directions given concerning the Ordination of Bishops at least unless it could be made appear that they were to ordain some such in those places nor perhaps if that could be made to appear inasmuch as in those Epistles there is not the least signification of any difference at all between Presbyters and Deacons in the manner of their Ordination both being to be performed by the Bishop and by Imposition of Hands and so both comprehended under that general Rule Lay hands suddenly on no man but only and that very little and scarce considerable as to the making of distinct Offices in the qualification of their persons The Ordination therefore of Bishops Presbyters and Deacons being to be performed in the same manner and the same Qualifications after a sort saving such differences as the importance of their several Offices make which is more in the degree than in the things being required in both it had been sufficient if in those Epistles there had been direction given concerning the Ordination and Qualification of but one sort of Church-Officers only as in the Epistle to Titus we see there are of Presbyters only and no mention made of Deacons in the whole Epistle whence it may be as well concluded That there was to be no other standing Officer in the Church of Crete but Presbyters only because Saint Paul giveth no directions to Titus concerning any other as it can be concluded That there were to be no other Officers in the Church of Ephesus but Presbyters and Deacons only because Saint Paul giveth no direction to Timothy concerning any other As to the Ages succeeding the Apostles Concerning the Judgment of Ecclesiastical Writers about the Divine Right of Episcopacy His Majesty conceiveth the difference to be more in their Expressions than in their Meaning some calling it Divine others Apostolical and some but not many Ecclesiastical But that the Superiority of Bishops above Presbyters began in the Apostles times and had its foundation in the Institution either of Christ himself or of his Apostles His Majesty hath not heard Aerius exceped that any till these latter Ages have denied For that which you touch upon concerning the word Infallible His Majesty supposeth you knew His meaning and He delighteth not to contend about words As for the Catalogues some uncertainties in a few a frailty which all human Histories are subject to His Majesty taketh to be insufficient to discredit all Differences there are in Historiographers in reciting the Succession of the Babylonian Persian and Macedonian Kings and of the Saxon Kings in England And we find far more inextricable intricacies in the Fasti Consulares the Catalogues of the Roman Consuls notwithstanding their great care in keeping of the publick Records and the exactness of the Roman Histories than are to be found in Epistcopal Catalogues those especially of the chiefest Cities as Jerusalem Rome Antioch Alexandria Ephesus c. Yet as all men believe there were Kings in those Countries and Consuls in Rome in those times so as you might well foresee would be answered the discrediting of the Catalogues of Bishops in respect of some uncertainties although His Majesty doubteth not but many of the differences you instance in may be fairly reconciled tendeth rather to the confirming of the thing it self That which you say in Answer hereunto that the Ecclesiastical Writers called them Bishops in compliance to the Language of their own Times after the names of Presbyters and Bishops were distinguished but that they were not indeed Bishops in the proper sense now in Question His Majesty who believeth the distinction of those names to have begun presently after the Apostles times if not rather whilst some of them were living doth consequently believe that as they were called so they were indeed Bishops in that proper sense It appeareth by Ignatius his Epistles every where how wide the difference was in his time between a Bishop and a mere Presbyter If Hierom only and some a little ancienter than he had applied the name Bishop to persons that lived some Ages before them there might have been the more colour to have attributed it to such a compliance as you speak of but that they received both the Name and the truth of their relations from unquestionable Testimonies and Records His Majesty thinketh it may be made good by many instances For example to instance in one only Polycarp Bishop of Smyrna who is thought to be the Angel of that Church in the Revelations Ignatius who was contemporary with him wrote one Epistle to him and sends salutation to him in another as
learned to thirst the more by how much the more they drank whom no fountain of Royal Bounty was able to overcome so resolved they seemed either utterly to exhaust it or barbarously to obstruct it Sure it ceases to be Counsel when not Reason is used as to men to perswade but Force and Terror as to beasts to drive and compel men to assent to whatever tumultuary Patrons shall project He deserves to be a Slave without pity or redemption that is content to have the Rational soveraignty of his Soul and liberty of his Will and Words so captivated Nor do I think my Kingdoms so considerable as to preserve them with the forfeiture of that Freedom which cannot be denied Me as a King because it belongs to Me as a Man and a Christian owning the dictates of none but God to be above Me as obliging Me to consent Better for Me to die enjoying this Empire of my Soul which subjects Me only to God so far as by Reason or Religion he directs Me than live with the Title of a King if it should carry such a vassalage with it as not to suffer Me to use My Reason and Conscience in which I declare as a King to like or dislike So far am I from thinking the Majesty of the Crown of England to be bound by any Coronation-Oath in a blind and brutish formality to consent to whatever its Subjects in Parliament shall require as some men will needs infer while denying me any power of a Negative voice as King they are not ashamed to seek to deprive Me of the liberty of using My Reason with a good Conscience which themselves and all the Commons of England enjoy proportionable to their influence on the publick who would take it very ill to be urged not to deny whatever My self as King or the House of Peers with Me should not so much desire as enjoyn them to pass I think My Oath fully discharged in that point by my Governing only by such Laws as My People with the House of Peers have chosen and My self consented to I shall never think My self conscientiously tied to go as oft against My Conscience as I should consent to such new Proposals which My reason in Justice Honour and Religion bids Me deny Yet so tender I see some men are of their being subject to Arbitrary Government that is the Law of anothers will to which themselves give no consent that they care not with how much dishonour and absurdity they make their King the only man that must be subject to the will of others without having power left him to use his own Reason either in Person or by any Representation And if my dissentings at any time were as some have suspected and uncharitably avowed out of Error Opinionativeness Weakness or Wilfulness and what they call Obstinacy in Me which not true Judgment of things but some vehement Prejudice or Passion hath fixed on My Mind yet can no man think it other than the badg and method of Slavery by savage Rudeness and importunate obtrusions of Violence to have the mist of his Error and Passion dispelled which is a shadow of Reason and must serve those that are destitute of the substance Sure that man cannot be blameable to God or Man who seriously endeavours to see the best reason of things and faithfully follows what he takes for Reason The uprightness of his Intentions will excuse the possible failings of his Understanding If a Pilot at Sea cannot see the Pole-star it can be no fault in him to steer his course by such Stars as do best appear to him It argues rather those men to be conscious of their defects of Reason and convincing Arguments who call in the assistance of mere force to carry on the weakness of their Counsels and Proposals I may in the truth and uprightness of my Heart protest before God and Men that I never wilfully opposed or denied any thing that was in a fair way after full and free debates propounded to Me by the Two Houses further than I thought in good Reason I might and was bound to do Nor did any thing ever please Me more than when My Judgment so concurred with theirs that I might with good Conscience consent to them yea in many things where not absolute and moral necessity of Reason but temporary convenience on point of Honour was to be considered I chose rather to deny My self than them as preferring that which they thought necessary for My Peoples good before what I saw but convenient for My self For I can be content to recede much from My own Interests and Personal Rights of which I conceive My self to be Master but in what concerns Truth Justice the Rights of the Church and my Crown together with the general good of my Kingdoms all which I am bound to preserve as much as morally lies in Me here I am and ever shall be fixt and resolute nor shall any man gain my consent to that wherein my Heart gives my Tongue or Hand the Lye nor will I be brought to affirm that to Men which in my Conscience I denied before God I will rather chuse to wear a Crown of Thorns with My Saviour than to exchange that of Gold which is due to Me for one of Lead whose embased flexibleness shall be forced to bend and comply to the various and oft contrary dictates of any Factions when in stead of Reason and Publick Concernments they obtrude nothing but what makes for the interest of Parties and flows from the partialities of private Wills and Passions I know no resolutions more worthy a Christian King than to prefer his Conscience before his Kingdoms O my God preserve thy Servant in this Native Rational and Religious Freedom for this I believe is thy will that we should maintain who though Thou dost justly require us to submit our Vnderstandings and Wills to thine whose Wisdom and Goodness can neither err nor misguide us and so far to deny our carnal Reason in order to thy Sacred Mysteries and Commands that we should believe and obey rather than dispute them yet dost Thou expect from us only such a reasonable Service of Thee as not to do any thing for Thee against our Consciences and as to the desires of men enjoinest us to try all things by the touch-stone of Reason and Laws which are the Rules of Civil Justice and to declare our Consents to that only which our Judgments approve Thou knowest O Lord how unwilling I was to desert that place in which Thou hast set Me and whereto the Affairs of My Kingdoms at present do call Me. My People can witness how far I have been content for their good to deny My self in what Thou hast subjected to My disposal O let not the unthankful importunities and Tumultuary Violence of some mens Immoderate demands ever betray Me to that dangerous and unmanly slavery which should make Me strengthen them by my Consent in those things which I
think in my Conscience to be against thy Glory the good of my Subjects and the discharge of my own duty to Reason and Justice Make Me willing to suffer the greatest Indignities and Injuries they press upon Me rather than commit the least sin against my Conscience Let the just Liberties of my People be as well they may preserved in fair and equal ways without the slavery of my Soul Thou that hast invested Me by thy Favours in the power of a Christian King suffer Me not to subject my Reason to other mens Passions and Designs which to Me seem unreasonable unjust and irreligious So shall I serve Thee in the truth and uprightness of my Heart tho I cannot satisfie these men Though I be driven from among them yet give Me grace to walk always uprightly before Thee Lead Me in the way of Truth and Justice for these I know will bring Me at last to Peace and Happiness with Thee though for these I have much trouble among men This I beg of Thee for my Saviours sake VII Vpon the QUEENS Departure and Absence out of ENGLAND ALthough I have much cause to be troubled at my Wifes departure from Me and out of my Dominions yet not her absence so much as the scandal of that Necessity which drives Her away doth afflict Me That She should be compelled by My own Subjects and those pretending to be Protestants to withdraw for her Safety This being the first example of any Protestant Subjects that have taken up Arms against their King a Protestant For I look upon this now done in England as another Act of the same Tragedy which was lately begun in Scotland the brands of that fire being ill quenched have kindled the like flames here I fear such motions so little to the adorning of the Protestant profession may occasion a further alienation of Mind and divorce of Affections in Her from that Religion which is the only thing wherein We differ Which yet God can and I pray he would in time take away and not suffer these practices to be any obstruction to her Judgment since it is the motion of those men for the most part who are yet to seek and settle their Religion for Doctrine Government and good Manners and so not to be imputed to the true English Protestants who continue firm to their former setled Principles and Laws I am sorry my relation to so deserving a Lady should be any occasion of her Danger and Affliction whose Merits would have served her for a protection among the savage Indians while their Rudeness and Barbarity knows not so perfectly to hate all Virtues as some mens Subtilty doth among whom I yet think few are so malicious as to hate Her for Her self The fault is That She is my Wife All Justice then as well as Affection commands Me to study Her Security who is only in danger for My sake I am content to be tossed weather-beaten and shipwrackt so as She may be in safe Harbor This comfort I shall enjoy by Her Safety in the midst of My Personal Dangers that I can perish but half if She be preserved In whose Memory and hopeful Posterity I may yet survive the Malice of My Enemies altho they should be satiated with my Blood I must leave her and Them to the Love and Loyalty of my good Subjects and to his Protection who is able to punish the Faults of Princes and no less severely to revenge the Injuries done to Them by those who in all duty and Allegiance ought to have made good that Safety which the Laws chiefly provide for Princes But common Civility is in vain expected from those that dispute their Loyalty Nor can it be safe for any relation to a King to tarry among them who are shaking hands with their Allegiance under pretence of laying faster hold on their Religion 'T is pity so noble and peaceful a Soul should see much more suffer the Rudeness of those who must make up their want of Justice with Inhumanity and Impudence Her sympathy with Me in my Afflictions will make her Virtues shine with greater lustre as Stars in the darkest nights and assure the envious world that She loves Me not my Fortunes Neither of Us but can easily forgive since We do not much blame the unkindness of the Generality and Vulgar for we see God is pleased to try both our Patience by the most self-punishing sin the Ingratitude of those who having eaten of our Bread and being enriched with our Bounty have scornfully lift up themselves against Us and those of our own Houshold are become our Enemies I pray God lay not their sin to their charge who think to fatisfie all obligations to duty by their Corban of Religion and can less endure to see than to sin against their Benefactors as well as their Soveraigns But even that Policy of my Enemies is so far venial as it was necessary to their designs by scandalous Articles and all irreverent demeanor to seek to drive Her out of my Kingdoms lest by the influence of her Example eminent for Love as a Wife and Loyalty as a Subject She should have converted to or retained in their Love and Loyalty all those whom they had a purpose to pervert The less I may be blest with her company the more I will retire to God and my own Heart whence no Malice can banish Her My Enemies may envy but they can never deprive Me of the enjoyment of her Virtues while I enjoy My self Thou O Lord whose Justice at present sees fit to scatter Vs let thy Mercy in the due time re-unite Vs on Earth if it be thy Will however bring Vs both at last to thy Heavenly Kingdom Preserve Vs from the hands of our despiteful and deadly Enemies and prepare Vs by our Sufferings for thy presence Tho We differ in some things as to Religion which is my greatest temporal Infelicity yet Lord give and accept the sincerity of our Affections which desire to seek to find to embrace every Truth of thine Let both our hearts agree in the Love of thy self and Christ crucified for us Teach Vs both what Thou wouldst have Vs to know in order to thy Glory our publick relations and our Souls eternal good and make Vs careful to do what good We know Let neither Ignorance of what is necessary to be known nor Vnbelief or Disobedience to what We know be our misery or our wilful default Let not this great Scandal of those my Subjects which profess the same Religion with Me be any hindrance to her love of any Truth thou wouldst have Her to learn nor any hardning of Her in any Error Thou wouldst have cleared to Her Let mine and other mens Constancy be an Antidote against the poyson of their Example Let the truth of that Religion I profess be represented to Her Judgment with all the beauties of Humility Loyalty Charity and Peaceableness which are the proper fruits and ornaments of it not
as far from meditating a War as I was in the eye of the world from having any preparation for one I find that comfort that in the midst of all the unfortunate successes of this War on My side I do not think My Innocency any whit prejudiced or darkned nor am I without that Integrity and Peace before God as with humble confidence to address my Prayer to him For Thou O Lord seest clearly through all the cloudings of humane affairs Thou judgest without prejudice Thy Omniscience eternally guides thy unerrable Judgment O my God the proud are risen against Me and the assemblies of violent men have sought after my Soul and have not set Thee before their eyes Consider my Enemies O Lord for they are many and they hate Me with a deadly hatred without a cause For thou knowest I had no Passion Design or Preparation to embroil My Kingdoms in a Civil War whereto I had least temptation as knowing I must adventure more than any and could gain least of any by it Thou O Lord art my witness how oft I have deplored and studied to divert the necessity thereof wherein I cannot well be thought so prodigally thirsty of my Subjects blood as to venture my own Life which I have been oft compelled to do in this unhappy War and which were better spent to save than to destroy my People O Lord I need much of thy grace with Patience to bear the many Afflictions Thou hast suffered some men to bring upon Me but much more to bear the unjust reproaches of those who not content that I suffer most by the War will needs perswade the world that I have raised it first or given just cause to raise it The confidence of some mens false tongues is such that they would make Me almost suspect my own Innocency Yea I could be content at least by my silence to take upon Me so great a guilt before men if by that I might allay the Malice of my Enemies and redeem my People from this miserable War since thou O Lord knowest my Innocency in this thing Thou wilt find out bloody and deceitful men many of whom have not lived out half their days in which they promised themselves the enjoyment of the fruits of their violent and wicked Counsels Save O Lord thy Servant as hitherto Thou hast and in thy due time scatter the people that delight in War Arise O Lord lift up thy self because of the rage of mine Enemies which encreaseth more and more Behold them that have conceived mischief travelled with iniquity and brought forth falshood Thou knowest the chief design of this War is either to destroy My Person or force My Judgment and to make Me renege My Conscience and Thy Truth I am driven to cross David's choice and desire rather to fall into the hands of men by denying them tho their mercies be cruel than into thy hands by sinning against My Conscience and in that against Thee who art a consuming fire Better they destroy Me than thou shouldst damn Me. Be thou ever the defence of My Soul who wilt save the upright in heart If nothing but My Blood will satisfie My Enemies or quench the flames of My Kingdoms or Thy temporal Justice I am content if it be Thy will that it be shed by Mine own Subjects hands But O let the Blood of Me tho their King yet a Sinner be washed with the Blood of My innocent and peace-making Redeemer for in that Thy Justice will find not only a temporary expiation but an eternal plenary satisfaction both for My sins and the sins of My People whom I beseech thee still own for Thine and when Thy wrath is appeased by My Death O remember thy great Mercies toward them and forgive them O My Father for they know not what they do X. Vpon their seizing the KING's Magazines Forts Navy and Militia HOW untruly I am charged with the first raising of an Army and beginning the Civil War the eyes that only pity Me and the Loyal hearts that durst only pray for Me at first might witness which yet appear not so many on My side as there were men in Arms lifted against Me. My unpreparedness for a War may well dishearten those that would help Me while it argues truly my unwillingness to fight yet it testifies for Me that I am set on the defensive part having so little hopes or power to offend others that I have none to defend My self or to preserve what is Mine own from their prereption No man can doubt but they prevented Me in their purposes as well as their injuries who are so much before-hand in their Preparations against Me and surprizals of My strength Such as are not for Them yet dare not be for Me so over-aw'd is their Loyalty by the others Numbers and Terrors I believe My Innocency and unpreparedness to assert My Rights and Honour makes Me the more guilty in their esteem who would not so easily have declared a War against Me if I had first assaulted them They knew My chiefest Arms left Me were those only which the ancient Christians were wont to use against their Persecutors Prayers and Tears These may serve a good mans turn if not to Conquer as a Soldier yet to Suffer as a Martyr Their preventing of Me and surprizing My Castles Forts Arms and Navy with the Militia is so far best for Me that it may drive Me from putting any trust in the arm of flesh and wholly to cast My self into the protection of the living God who can save by few or none as well as by many He that made the greedy Ravens to be Elias's Caterers and bring him food may also make their surprisal of outward Force and Defence an opportunity to shew Me the special support of his Power and Protection I thank God I reckon not now the want of the Militia so much in reference to My own protection as My Peoples Their many and sore Oppressions grieve Me I am above My own what I want in the hands of Force and Power I have in the wings of Faith and Prayer But this is the strange method these men will needs take to resolve their Riddle of making Me a Glorious King by taking away My Kingly Power Thus I shall become a Support to My Friends and a Terror to my Enemies by being unable to succour the one or suppress the other For thus have they designed and proposed to Me the new modelling of Soveraignty and Kingship as without any reality of Power so without any necessity of Subjection and Obedience That the Majesty of the Kings of England might hereafter hang like Mahomet's Tomb by a magnetick Charm between the Power and Priviledges of the Two Houses in an aiery imagination of Regality But I believe the surfeit of too much Power which some men have greedily seized on and now seek wholly to devour will ere long make the Common-wealth sick both of it and them since they cannot well
their known Rule and wonted Practice to comply with the Humours of those men who aim to subdue all to their own Will and Power under the disguises of Holy Combinations Which cords and withes will hold mens Consciences no longer than Force attends and twists them For every man soon grows his own Pope and easily absolves himself of those ties which not the commands of God's Word or the Laws of the Land but only the subtilty and terror of a Party casts upon him either superfluous and vain when they were sufficiently tied before or fraudulent and injurious if by such after-ligaments they find the Imposers really aiming to dissolve or suspend their former just and necessary Obligations Indeed such Illegal ways seldom or never intend the engaging men more to Duties but only to Parties therefore it is not regarded how they keep their Covenants in point of Piety pretended provided they adhere firmly to the Party and Design intended I see the Imposers of it are content to make their Covenant like Manna not that it came from Heaven as this did agreeable to every mans palate and relish who will but swallow it They admit any mens senses of it tho divers or contrary with any Salvo's Cautions and Reservations so as they cross not their chief Design which is laid against the Church and Me. It is enough if they get but the reputation of a seeming encrease to their Party So little do men remember that God is not mocked In such latitudes of sense I believe many that love Me and the Church well may have taken the Covenant who yet are not so fondly and superstitiously taken by it as now to act clearly against both all Piety and Loyalty who first yielded to it more to prevent that imminent Violence and Ruine which hung over their heads in case they wholy refused it than for any value of it or devotion to it Wherein the latitude of some general clauses may perhaps serve somewhat to relieve them as of Doing and endeavouring what lawfully they may in their Places and Callings and according to the Word of God For these indeed carry no man beyond those bounds of good Conscience which are certain and fixed either in Gods Laws as to the general or the Laws of the State and Kingdom as to the particular regulation and exercise of mens duties I would to God such as glory most in the name of Covenanters would keep themselves within those lawful bounds to which God hath called them surely it were the best way to expiate the rashness of taking it which must needs then appear when besides the want of a full and lawful Authority at first to enjoyn it it shall actually be carried on beyond and against those Ends which were in it specified and pretended I willingly forgive such mens taking the Covenant who keep it within such bounds of Piety Law and Loyalty as can never hurt either the Church My self or the Publick Peace against which no mans lawful Calling can engage him As for that Reformation of the Church which the Covenant pretends I cannot think it just or comely that by the partial Advice of a few Divines of so soft and servile tempers as disposed them to so sudden acting and compliance contrary to their former Judgments Profession and Practice such foul Scandals and Suspicions should be cast upon the Doctrine and Government of the Church of England as was never done that I have heard by any that deserved the name of Reformed Churches abroad nor by any men of Learning and Candor at home all whose Judgments I cannot but prefer before any mens now factiously engaged No man can be more forward than My self to carry on all due Reformations with mature Judgment and a good Conscience in what things I shall after impartial advice be by God's Word and right Reason convinced to be amiss I have offered more than ever the fullest freest and wisest Parliaments did desire But the sequel of some mens Actions makes it evident that the main Reformation intended is The abasing of Episcopacy into Presbytery and the robbing the Church of its Lands and Revenues For no men have been more injuriously used as to their legal Rights than the Bishops and Church-men These as the fattest Deer must be destroyed the other Rascal-herd of Schisms Heresies c. being lean may enjoy the benefit of a Toleration Thus Naboth's Vineyard made him the only Blasphemer of his City and fit to dye Still I see while the breath of Religion fills the Sails Profit is the Compass by which Factious men steer their course in all seditious Commotions I thank God as no man lay more open to the Sacrilegious temptations of usurping the Churches Lands and Revenues which issuing chiefly from the Crown are held of it and legally can revert only to the Crown with My Consent so I have always had such a perfect abhorrence of it in my Soul that I never found the least inclination to such Sacrilegious Reformings yet no man hath a greater desire to have Bishops and all Church-men so reformed that they may best deserve and use not only what the pious Munificence of My Predecessors hath given to God and the Church but all other additions of Christian Bounty But no necessity shall ever I hope drive Me or Mine to invade or sell the Priests Lands which both Pharaoh's divinity and Joseph's true Piety abhorred to do So unjust I think it both in the eye of Reason and Religion to deprive the most Sacred Employment of all due encouragements and like that other hard-hearted Pharaoh to withdraw the Straw and encrease the Task so pursuing the oppressed Church as some have done to the Red sea of a Civil War where nothing but a Miracle can save either It or Him who esteems it his greatest Title to be called and his chiefest glory to be The Desender of the Church both in its true Faith and its just Fruitions equally abhorring Sacriledg and Apostasy I had rather live as My Predecessor Henry the Third sometime did on the Churches Alms than violently to take the bread out of Bishops and Ministers mouths The next work will be Jeroboam's Reformation consecrating the meanest of the People to be Priests in Israel to serve those Golden Calves who have enriched themselves with the Churches Patrimony and Dowry which how it thrived both with Prince Priests and People is well enough known And so it will be here when from the tuition of Kings and Queens which have been nursing Fathers and Mothers of this Church it shall be at their allowance who have already discovered what hard Fathers and Stepmothers they will be If the Poverty of Scotland might yet the Plenty of England cannot excuse the Envy and Rapine of the Churches Rights and Revenues I cannot so much as pray God to prevent those sad Consequences which will inevitably follow the Parity and Poverty of Ministers both in Church and State since I think it no less
motives to Repentance and earnest desires to make some reparations for their former defects As Your quality sets you beyond any Duel with any Subject so the Nobleness of Your Mind must raise You above the meditating any Revenge or executing Your Anger upon the many The more conscious You shall be to Your own Merits upon Your People the more prone You will be to expect all Love and Loyalty from them and to inflict no Punishment upon them for former Miscarriages You will have more inward complacency in Pardoning one than in Punishing a thousand This I write to You not despairing of God's Mercy and My Subjects affections towards You both which I hope You will study to deserve yet we cannot merit of God but by his own Mercy If God shall see fit to restore Me and You after Me to those enjoyments which the Laws have assigned to Us and no Subjects without an high degree of Guilt and Sin can divest Us of then may I have better opportunity when I shall be so happy to see You in Peace to let You more fully understand the things that belong to God's Glory Your own Honour and the Kingdoms Peace But if You never see My face again and God will have Me buried in such a barbarous Imprisonment and Obscurity which the perfecting some mens Designs requires wherein few hearts that love Me are permitted to exchange a word or a look with Me I do require and entreat You as Your Father and Your KING that You never suffer Your Heart to receive the least check against or disaffection from the true Religion established in the Church of England I tell You I have tried it and after much search and many Disputes have concluded it to be the best in the world not only in the Community as Christian but also in the special notion as Reformed keeping the middle way between the pomp of Superstitious Tyranny and the meanness of Fantastick Anarchy Not but that the draught being excellent as to the main both for Doctrine and Government in the Church of England some lines as in very good Figures may haply need some sweetning or polishing which might here have easily been done by a safe and gentle hand if some mens Precipitancy had not violently demanded such rude Alterations as would have quite destroyed all the Beauty and Proportions of the whole The scandal of the late Troubles which some may object and urge to You against the Protestant Religion established in England is easily answered to them or Your own thoughts in this That scarce any one who hath been a Beginner or an active Prosecutor of this late War against the Church the Laws and Me either was or is a true Lover Embracer or Practiser of the Protestant Religion established in England which neither gives such Rules nor ever before set such Examples 'T is true some heretofore had the boldness to present threatning Petitions to their Princes and Parliaments which others of the same Faction but of worse Spirits have now put in execution But let not counterfeit and disorderly Zeal abate your value and esteem of true Piety both of them are to be known by their fruits The sweetness of the Vine and Fig-tree is not to be despised tho the Brambles and Thorns should pretend to bear Figs and Grapes thereby to rule over the Trees Nor would I have you to entertain any aversation or dislike of Parliaments which in their right constitution with Freedom and Honour will never injure or diminish your Greatness but will rather be as interchangings of Love Loyalty and Confidence between a Prince and his People Nor would the events of this Black Parliament have been other than such however much biassed by Factions in the Elections if it had been preserved from the Insolencies of Popular dictates and Tumultuary impressions The sad effects of which will no doubt make all Parliaments after this more cautious to preserve that Freedom and Honour which belongs to such Assemblies when once they have fully shaken off this yoke of Vulgar encroachment since the Publick Interest consists in the mutual and common good both of Prince and People Nothing can be more happy for all than in fair grave and honourable ways to contribute their Counsels in common enacting all things by publick consent without Tyranny or Tumults We must not starve our selves because some men have surfeited of wholsom food And if neither I nor You be ever restored to Our Rights but God in his severest Justice will punish My Subjects with continuance in their Sin and suffer them to be deluded with the prosperity of their Wickedness I hope God will give Me and You that Grace which will teach and enable Us to want as well as to wear a Crown which is not worth taking up or enjoying upon sordid dishonourable and irreligious terms Keep You to true Principles of Piety Virtue and Honour You shall never want a Kingdom A Principal point of Your Honour will consist in Your conferring all Respect Love and Protection on Your Mother My Wife who hath many ways deserved well of Me and chiefly in this that having been a means to bless Me with so many hopeful Children all which with their Mother I recommend to your Love and Care She hath been content with incomparable Magnanimity and Patience to suffer both for and with Me and You. My Prayer to God Almighty is whatever becomes of Me who am I thank God wrapt up and fortified in My own Innocency and his Grace that he would be pleased to make You an Anchor or Harbour rather to these tossed and weather-beaten Kingdoms a Repairer by Your Wisdom Justice Piety and Valour of what the Folly and Wickedness of some men have so far ruined as to leave nothing intire in Church or State to the Crown the Nobility the Clergy or the Commons either as to Laws Liberties Estates Order Honour Conscience or Lives When they have destroyed Me for I know not how far God may permit the Malice and Cruelty of My Enemies to proceed and such apprehensions some mens words and actions have already given Me as I doubt not but My Blood will cry aloud for Vengeance to Heaven so I beseech God not to pour out his Wrath upon the generality of the People who have either deserted Me or engaged against Me through the Artifice and hypocrifie of their Leaders whose inward Horror will be their first Tormentor nor will they escape exemplary Judgments For those that loved Me I pray God they may have no miss of Me when I am gone so much I wish and hope that all good Subjects may be satisfied with the Blessings of Your Presence and Virtues For those that repent of any defects in their Duty toward Me as I freely forgive them in the word of a Christian King so I believe You will find them truly zealous to repay with interest that Loyalty and Love to You which was due to Me. In sum what Good I
Martyrdom Jan. 30. 1648 9. p. 206 APPENDIX Concerning Church-Government Of the Differences between His Majesty and the two Houses in point of Church-Government See Icon Basil XVII p. 687 The Papers which passed betwixt His Majesty and Henderson concerning the Change of Church-Government 1646. p. 75 The Papers which passed betwixt His Majesty and the Divines attending the Commissioners of both Houses at Newport 1648. Append. p. 612 seqq THE END The Duke of Lenox the Earl of Arran in Scotland Some Writers who since have been convinced of their misinformation have named amongst those seven Lords the Lord Bruce Earl of Elgin but his Lordship upon the first notice of this report did to several Persons of Quality and Honour he conversed with and since hath affirmed to me that he was not then present and that his heart could never consent to the shedding of the blood of that excellent Prelate * A full Answer â The Regal Apology His Majestie 's Religion His Justice His Clemency His Fortitude His Patience His Humility His Choice of Ministers of State His Affection to His People His Obliging Converse His Fidelity His Chastity His Temperance His Frugality His Intellectual Abilities His Skill in all Arts. His Eloquence His Political Prudence The Censure of His Fortune A Presage of His Fall and the future State of the Royal Family His Recreations The Features of His Body His Children Acts 14. 23. Acts 6. 6. 1 Cor. 16. 1. 1 Cor. 14. 1 Cor. 5. 5. 3 Joh. 9 10. 1 Tim. 5. 22. Tit. 1. 5. Revel 2. 3. 1 Tim. 5. 19. Tit. 3. 10. * 5 15 26 29. of Decemb. 84 15. of Jan. 1645. * Jan. 23. 2 Feb. Passed by the Fag-end of the House of Commons Jan. 4. having been cast out by the Lords Jan. 2. Hereabout I was stopt and not suffered to speak any more concerning Reasons * defiance * Answer * four for it seems some came in after Here a Lady interposed saying Not half the People but was silenced with threats Upon the Earl of Strafford Pointing to the Bishop Turning to some Gentlemen that wrote Pointing to the Bishop These words were spoken upon occasion of private Discourse between His Majesty and the Bishop concerning the several Stages of man's life and his course through them in allusion to Posts and Stages in a Race * Cook 7. Report Calvin's Case Mr. Stroud Mr. Pym. Sir John Biron Lord Say His Majesty's gracious Message to both Houses of Parliament sent from Nottingham Aug. 25. 1642. by the Earls of Southampton and Dorset Sr. John Culpeper Chancellor of the Exchequer and Sr. William Vdal The Answer of the Lords and Commons to His Majesty's Message the 25. of Aug. 1642. His Majesty's Reply to an Answer sent by the two Houses of Parliament to His Majesty's Message of the 25 of August concerning a Treaty of Accommodation The humble Answer and Petition of the Lords and Commons assembled in Parliament unto the Kings last Message The humble Answer of the Lords and Commons assembled in Parliament unto His Majesty's last Message Message of Feb. 20. * to the Votes of both Houses and to their desire of a safe Conâuct His Majesty's Message of Apr. 12. at the end of the Treaty Inserted before pag. 353. * were presently His Majesty's Message replying to this Paper is inserted before p. 250. In His Message of April 12. pag. 353. Pag. 353. April 5. * The fourth of Edward the Third Artic. 1. against Roger Mortimer The King had put to him four Bishops four Earls and four Barons without whose consent or of four of them no great business was to be transacted Rot. Parliam 13 E. 3. N. 15 16. The whole Navy disposed of by Parliament N. 13 14. Admirals appointed and Instructions given to them N. 32. Instructions for the defence of Jersey and a Deputy-Governour appointed in Parliament N. 35. Souldiers of York Nottingham c. to go at the cost of the Countrey and what they are to do N. 36. A Clark appointed for payment of their wages by the oversight of the Lord Percy and Nevil N. 38. Sir Walter Creak appointed Keeper of Berwick N. 39. Sir Tho. de Wake appointed to set forth the Array of Soldiers for the County of York and N. 40 41 42 43. others for other Counties 14 E. 3. N. 36. The Parliament agreeth that in the Kings absence the Duke of Cornwal shall be Keeper of England N. 35. They appoint the Archbishop of Canterbury the Earls of Lancaster Warren and Huntington Councellors to the Duke with power to call such others as they shall think fit N. 19. Certain appointed to keep the Islands and Sea-coasts N. 42. The Lord of Mowbray appointed Keeper of Berwick N. 48. Commission to the Lord Mowbray of the Justices of Lentham N. 53 54 c. Commissions of Array to the Earl of Angois and others 15 E. 3. N. 15. That the Chancellors chief Justices Treasurers Chancellors and Barons of the Exchequer c. may be chosen in open Parliament and there openly sworn to observe the Laws Answer thus That as they sall by death or otherwise it shall be so done in the choice of a new with your assents c. 50 E. 3. N. 10 11. Ordered in Parliament That the King should have at the least ten or twelve Counsellors without whom no weighty matters should pass c. N. 15. A Commission to the L. Percy and others to appoint able persons for the defence of the Marches of the East-Riding 1. R. 2. N. 18 19. The Parliament wholly disposeth of the Education of the King and of the Officers c. N. 51. Officers for Gascoign Ireland and Artois Keepers of the Ports Castles c. 2. R. 2. Rot. Parl. par 2. artic 39. The Admiralty N. 37. In a Schedule is contained the order of the E. of Northumb. and others for the defence of the North Sea-coasts and confirmed in Parliament 6 R. 2. N. 11. The Proffer of the Bishop of Norwich to keep the Sca-coasts and accepted in Parliament 8 R. 2. 11 16. The names of the chief Officers of the Kingdom to be known to the Parliament and not to be removed without just cause 11 R. 2. N. 23. No persons to be about the King or intermeddle with the Affairs of the Realm other than such as be appointed by Parliament 15 R. 2. N. 15. The Commons name the person to treat of a Peace with the Kings enemies Rot. Parl. 1 H. 4. N. 106. That the King will appoint able Captains in England and Wales Stat. 4. H. 4. cap. 31 32 33. printed The Welch-men shall bear Office 5 H. 4. N. 16. The King at the request of the Commons removed his Confessor and three other Men from about him N. 37. At the request of the Commons nameth divers Privy-Councellors 7 and 8 H. 4 26. Power given to the Merchants to name two persons to be Admirals 7 and 8 H. 4. N. 31. Councellors appointed by
Days then the Duke had done in so many Months before But in the mean while Rochel was barricadoed to an impossibility of Relief Therefore the Earl of Lindsey who commanded the Forces after some gallant yet fruitless attempts returned to England and the Rochellers to the Obedience of the French King As Providence had removed the great Object of the Popular hate and as was pretended the chief Obstruction of the Subjects Love to their King the Duke of Buckingham so the King Himself labours to remove all other occasions of quarrel before the next Session He restores Archbishop Abbot who for his remissness in the Discipline of the Church had been suspended from his Office and was therefore the Darling of the Commons because in disgrace with the King so contrary are the affections of a corrupted State to those of their Governours to the administration of it again Dr Potter the great Calvinist was made Bishop of Carlisle Mr Mountague's Book of Appello Caesarem was called in Proclamations were issued out against Papists Sir Thomas Wentworth an active Leader of the Commons was toward the beginning of this Session as Sir John Savil had been at the end of the last called up into the Lord's House being made Viscount Wentworth and Lord President of the North. But the Honours of these Persons whose Parts the King who well understood Men thought worthy of His Favour and Employment seeming the rewards of Sedition and the spoils of destructive Counsels the Demagogues were more eager in the pursuit of that which these had attained unto by the like arts And therefore despising all the King 's obliging Practices in the next Session they assumed a Power of reforming Church and State called the Customers into question for Levying Tonnage and Poundage made now their Invectives as they formerly did against the Duke against the Lord Treasurer Weston so that it appeared that not the Persons of Men but the King's trust of them was the object of their Envy and His Favour though never so Vertuous marked them out for Ruine And upon these Points they raised the Heat to such a degree that fearing they should be dissolved e're they had time to vent their Passions they began a Violence upon their own Body an Example which lasted longer then their Cause and at last produced the overthrow of all their Priviledges They lock'd the Doors of the House kept the Key thereof in one of their own Pockets held the Speaker by strong Hand in the Chair till they had thundred out their Votes like dreadful Anathemaes against those that should levy and which was more ranting against such as should willingly pay the Tonnage and Poundage This Force the King went with His Guard of Pensioners to remove which they hearing adjourned the House and the King in the House of Lords declaring the Injustice of those Vipers who destroyed their own Liberties dissolved the Parliament While the Winds of Sedition raged thus furiously at home more gentle gales came from abroad The French King's Designs upon other Places required Peace from us and therefore the Signiory of Venice by her Ambassadors was moved to procure an Accord betwixt Charles and Lewis An. 1629 which the King accepted And not long after the Spaniard pressed with equal necessities desired Amity which was also granted The King being thus freed from His Domestick Embroilments and Foreign Enmities soon made the World see His Skill in the Arts of Empire and rendred Himself abroad more considerable then any of His Predecessors And He was more glorious in the Eyes of the good and more satisfied in His own Breast by confirming Peace with Prudence then if He had finished Wars with destroying Arms. So that His Scepter was the Caduceus to arbitrate the differences of the Potentates of Europe His Subjects likewise tasted the sweetness of a Reign which Heaven did indulge with all its favours but only that of valuing their Happiness While other Nations weltred in Blood His People enjoyed a Profound Peace and that Plenty which the freedom of Commerce brings along with it The Dutch and Easterlings used London as the surest Bank to preserve and increase their Trading The Spanish Bullion was here Coined which advantaged the King's Mint and encreased the Wealth of the Merchants who returned most of that Money in our Native Commodities While He dispensed these Blessings to the People An. 1630 Heaven was liberal to Him in giving Him a Son to inherit His Dominions May 29. An. 1630. which was so great matter of rejoycing to the People of uncorrupted minds that Heaven seemed also concerned in the Exultation kindling another Fire more than Ordinary making a Star to be seen the same day at noon From which most men presaged that that Prince should be of high Undertakings and of no common glory among Kings which hath since been confirmed by the miraculous preservation of Him and Heaven seemed to conduct Him to the Throne For this great Blessing the King gave publick Thanks to the Author of it Almighty God at St Paul's Church and God was pleased in a return to those thanks with a numerous Issue afterwards to increase this Happiness For neither Armies nor Navies are such sure props of Empire as Children are Time Fortune private Lusts or Errors may take off or change Friends but those that Nature hath united must have the same Interest especially in Royal Families in whose Prosperities strangers may have a part but their Adversities will be sure to crush their nearest Allies Prospering thus in Peace at home a small time assisted His frugality to get such a Treasure and gave Him leasure to form such Counsels as might curb the Insolence of His Enemies abroad He confederated with other Princes to give a check to the Austrian Greatness assisting by his Treasure Arms and Counsel the King of Sweden to deliver the oppressed German States from the Imperial Oppressions And when Gustavus's Fortune made him Insolent and he would impose unequal Conditions upon the Paltsgrave the King's Brother-in-law He necessitated him notwithstanding his Victories to more easie Articles The next year was notorious for two Tryals An. 1631 one of the Lord Audley Earl of Castlehaven who being accused by all the abused parts of his Family of a prodigious wickedness and unnatural uncleanness was by the King submitted to a Tryal by his Peers and by them being found guilty was condemned and his Nobility could be no patronage for his Crimes but in the King's eyes they appeared more horrid because they polluted that Order and was afterwards executed The other was of a Tryal of Combate at a Marshal's Court betwixt Donnold Lord Rey a Scottish High-lander and David Ramsey a Scottish Courtier The first accused the last to have sollicited him to a Confederacy with the Marquess Hamilton who was then Commander of some Forces in assistance of the King of Sweden in which Ramsey said all Scotland was ingaged but three and that their friends had gotten
although they had been all raised to that Dignity and Trust by the Faction yet answered that It was contrary to the known Laws and Customs of England that the King should be brought to Tryal To heal these two wounds which the Lords and Judges had branded their Cause with they use two other Artifices to keep up the Spirits and Concurrence of their Party First they bring from Hertfordshire a Woman some say a Witch who said that God by a Revelation to her did approve of the Armie's Proceedings Which Message from Heaven was well accepted of with thanks as being very seasonable and coming from an humble Spirit A second was the Agreement of the People which was a Module of a Democratical Polity wherein those whose abject Condition had set them at a great distance from Government had their hopes raised to a share of it if they conspired to remove the great Obstruction which was the Person and Life of the King This was presented to the House of Commons by Sr Hardress Waller and sixteen other Officers as a temporary remedy for when they had perpetrated their Impiety they discountenanced and fiercely profecuted those that endeavoured it In confidence of these their Arts and their present Power notwithstanding all these publick Abhorrencies and Detestations by all Persons of Honour and Knowledge they enacted their Bill And for President of this Court they chose one of the Number John Bradshaw A person of an equal Infamy with his new employment a Monster of Impudence and a most fierce Prosecutor of evil purposes Of no repute among those of his own Robe for any Knowledge in the Law but of so virulent and petulant a Language that he knew no measure of modesty in Speaking and was therefore more often bribed to be silent than fee'd to maintain a Client's cause His Vices had made him penurious and those with his penury had seasoned him for any execrable undertaking They also had a Sollicitor of the same metal John Cook A needy Man who by various Arts and many Crimes had sought for a necessary Subsistence yet still so poor that he was forced to seek the shelter of obscure and sordid Corners to avoid the Prison So that vexed with a redious Poverty he was prevailed upon through the hopes of some splendid booties to venture on this employment which at the first mention he did profess to abhorr These were their chief Agents other inferiour Ministers they had equally qualified with these their prime Instruments as Dorislaus a German Bandito who was to draw up the Charge Steel another of their Counsel under pretence of sickness covered his fear of the Event though he did not abhor the wickedness of the Enterprise having before used his Tongue in a cause very unjust and relating to this the Murther of Captain Burleigh The Serjeants Clarks and Cryer were so obscure that the World had never taken notice of them but by their subserviency to this Impiety These were the publick Preparations In private they continually met to contrive the Form of their Proceedings and the Matter of their Accusation Concerning the first they were divided in Opinions Some would have the King first formally degraded and devested of all His Royal habiliments and Ensigns of Majesty and then as a private person exposed to Justice But this seemed to require a longer space of time than would comport with their project which as all horrid acts was to be done in a present fury lest good Counsels might gather strength by their Delay Others rejected this course as too evidently conforming with the Popish procedure against Sovereign Princes and they feared to confirm that common Suspicion that they followed Jesuitical Counsels whose Society it is reported upon the King's offering to give all possible Security against the Corruptions of the Church of Rome at a Council of theirs did decree to use their whole Interest and Power with the Faction to hasten the King's death Which sober Protestants had reason enough to believe because all or most of the Arguments which were used by the Assertors of this Violence on His Majesty were but gleanings from Popish Writers These Considerations cast the Determination on their side who designing a Tyrannical Oligarchy whereby they themselves might have a share in the Government would have the King proceeded against as King that by so shedding His Blood they might extinguish Majesty and with Him murther Monarchy For several of them did confess that indeed He was guilty of no Crime more than that He was their King and because the Excellency of His Parts and Eminent Vertues together with the Rights of His Birth would not suffer Him to be a private Person In their second debate about the Matter of Accusation all willingly embraced the Advice of Harrison who was emulous of the Power of Cromwell and though now his Creature yet afterwards became the Firebrand and Whirlwind of the following Times to blacken Him as much as they could yet found they not wherewith to pollute His Name For their old Scandals which they had amassed in their Declaration for no more Addresses to the King had been so publickly refuted that they could afford no colour for His Murther Therefore they formed their Accusation from that War to which they had necessitated Him And their Charge was that He had levied War against the Parliament that He had appeared in Arms in several places and did there proclaim War and executed it by killing several of the Good People for which they impeached Him as a Tyrant Traytor Murderer and an implacable Common Enemy This Charge in the Judgment of Considering Men argued a greater guilt in those that prosecuted it than in Him against whom it was formed for they seemed less sensible of the instability and infirmities of Humane Nature than those that had none but her light to make them generous for such never reproached their conquered Enemies with their Victory but these Men would murther their own Prince against whom they had nothing more to object than the unhappy issues of a War which leaves the Conquered the only Criminal while the names of Justice and Goodness are the spoils of the Conquerour How false those Imputations of Tyranny Treason and Murther were was sufficiently understood by those who considered the peaceful part of the King's Reign wherein it was judged that if in any thing He had declined from the safest arts of Empire it was in the neglect of a just Severity on Seditious Persons whom the Laws had condemned to die And in the War it was known how often his Lenity had clipped the Wings of Victory But it appeared that these Men as they had broken all Rights of Peace so they would also those of Conquest and destroy that which their Arms pretended to save How little Credit their Accusation found appeared by the endeavours of all Parties to preserve the King's Person from Danger and the Nation from the guilt of His Blood For while they