Kings Bench in Westminster-hall where a Theatre was erected in height equal with the Bench covered over with green Cloth In the upper end was placed the Tribunal Chair of State for the High Steward on either side the Peers of the Realm and under them the Iudges in the lower end against the State were the Kings learned Council and at their backs two Pews lifted up to face the Court for the Prisoner and his Keeper and in the midst of the Court a place of descension for the Clerk of the Crown and his Assistant where they all met between eight and nine of the Clock that Morning First the Clerk of the Crown and the Iudges the Lieutenant of the Tower and the Prisoner retiring into a Room near hand then the Peers seven and twenty in number those of the Garter order wearing their Coller of Esses about their neck the chiefest of them were Weston Lord Treasurer Earl of Manchester Lord Privy Seal Arundel Earl Marshall of England and so the rest Then enters the Lord High Steward his Grace in a black Velvet Gown trimm'd with Gold Buttons and Lace before him 7. Maces of State born by the Serjeants at Arms attended by Sir Io Burroughs Garter principal King of Arms and Maxwel Usher of the Black Rod. The Judges Assistants for Counsel in case of Law were Sir Nicholas Hide Chief Justice of the Kings Bench Sir Thomas Richardson Chief Justice of the Common Pleas Sir Humphrey Davenport Chief Baron of the Exchequer and Baron Denham four Judges Iones Hutton Whitlock and Crook The learned Council were Sir Robert Heath Attorney General Sir Richard Chelton Solicitor General Sir Io Finch the Queens Attorney General and Sir Thomas Crew Serjeant at Law Sir Thomas Fanshaw Clerk of the Crown and Keeling his Assistant The Clerk of the Crown presented his Grace with the Patent of his Place of Lord High Steward of England After O yes he delivered the Patent to the Clerk of the Crown who read it and returned it back The Black Rod kneeling down presented him with the White Staff or Verge of State After a second O yes his Grace gave leave to the Peers to be covered and Proclamation made That the Judges should bring in as by Writ commanded all the Records touching the Earls Arraignment and the Peers answered particularly to their several names After the third O yes the Lieutenant of the Tower brought in his Prisoner into their powers and his Warrant being read his Grace addressed himself to the Peers My Lord Audley said he for so he stiled him as a Baron of England and not by his Creation of Earl Castlehaven being a forreign Title of Ireland by which Title onely he could not be tried by the Peers the Kings Majesty is given to understand both by report and also by Verdict of divers Gentlemen of quality in your County that you stand impeached of sundry Crimes of a most high and hainous nature and therefore he brings you this day to trial doing therein like the Almighty King of Kings in the eighteenth of Genesis who went down to see whether the sins of the Sons of Sodome and Gomorrah were so grievous as the cry of them that came before him And Kings on Earth can have no better Patern to follow than that of the King of Heaven and so hath summoned by special command these your Peers either to acquit or condemn you they being so noble and so just so indifferent Iudges for his Majesty desires that your Trial should be as equal and upright as Iustice it self wherefore you may speak boldly and confidently without fear to clear your self and so to be set free but if otherwise your own conscience accuse you give the honour to God and the King by confessing the truth without shifts or subtilties against it which are but Consilia adversus Dominum May it please your Grace said Audley I have stood committed close Prisoner six moneths without Friends or Counsel deprived of the knowledg of the particular circumstances of the Crimes laid to my charge unskilfull of the advantages or disadvantages of Law and but weak to plead at the best and therefore desire liberty of Counsel to plead for me Your long Imprisonment said his Grace hath been rather a favour for conveniency to bethink your self and you shall have all possible favour in this your first demand in which the Iudges shall satisfie you as in all other your deâ—ires in the prosecution of your Trial. The Judges gave opinion that in principal Causes Counsel is not to be allowed for matter of Fact but for matter of Law it may His Grace commanded the Clerk of the Crown to reade his Indictments being three in number The first for a Rape by assisting Brodway his own Servant to ravish his Wife the Countess of Castlehaven The other two for Sodomy committed on the Body of Brodway and on Fitz Patrick his Footman To which he pleaded Not guilty c. And therefore his Grace said thus to the Peers My Lords the Prisoner is indicted of Rape and Sodomy and pleads Not guilty My duty is to charge you with the Trial Yours to judg The Cause may move pity in some detestation in all but neither of them may be put in the Scale of Iustice for a Grain on either side sways the Ballance Let Reason rule your affections your heads your hearts to heed attentively and weigh equally In the right course the Iudges will direct you if doubts arise Ye are not sworn how to proceed the Law supposeth your integrity to Iustice which others are compelled unto by Oath And so God direct you Crew opened the Indictments and so was seconded and by turns all the other but the Attorney General proceeded in brief that the Crimes were far more base and beastly than any Poet invented or History ever mentioned Suetonius indeed sets out the Lives of Heathen Emperours whose Sovereignty had no Law to question their Power nor Religion to bound their wills from acting any Crimes And here ravelling into his former debauched life and profession of Papistry digressing from the matter of the Indictments the Prisoner desired that his Religion nor other circumstances not conducing to his crimes charged might be spared But he was told to forbear to interrupt the Council till the time fitting to make answer And so the Attorney went on with his Religion bred up a Protestant and after fell to Papistry for more liberty in evil or rather of both Professions or of either or of none at all Cor quod ingreditur duas vias non habet successum In the morning at a Mass afternoon at a Sermon believing in God thus basely God left him at the last to his lusts and so to Atheism to work wickedness without hope of Heaven or horrour of Hell His moral actions beyong imagination wicked for though he married this Lady as noble in birth as great in fortune so soon as
fourteen days 5. That according to such his Declarations and Speeches the said Earl of Strafford did use and exercise a Power above and against and to the subversion of the Fundamental Laws and stablished Government of the said Realm of Ireland extending such his Power to the Goods Free-holds Inheritances Liberties and Lives of his Majesties Subjects of the said Realm viz. the said Earl of Strafford the twelfth day of December Anno Domini 1635. in the time of full peace did in the said Realm of Ireland give and procure to be given against the Lord Mount Norris then and yet a Peer of Ireland and then Vice-Treasurer and Receiver-general of the Realm of Ireland and one of the principal Secretaries of State and Keeper of the Privy Signet of the said Kingdom a Sentence of Death by a Council of War called together by the said Earl of Strafford without any warrant or authority of Law or offence deserving any such punishment And he the said Earl did also at Dublin within the said Realm of Ireland in the Moneth of March in the fourteenth Year of his Majesties Reign without any legal or due proceedings or trial give or cause to be given a Sentence of Death against one other of his Majesties Subjects whose name is yet unknown and caused him to be put to death in execution of the said Sentence The Earls Reply That there was then a standing Army in Ireland and Armies cannot be governed but by Martial Law that it hath been put in constant practice with former Deputies that had the Sentence been unjustly given by him the Crime could amount but to Felony at most for which he hoped he might as well expect Pardon from his Majesty as the Lord Conway and Sir Iacob Astley had for doing the like in the late Northern Army That he neither gave Sentence nor procured it against the Lord Mount Norris but onely desired justice against the Lord for some Affront done to him as he was Deputy of Ireland That the said Lord was judged by a Council of War wherein he sate bare all the time and gave no Suffrage against him that also to evidence himself a Party he caused his Brother Sir George Wentworth in regard of the nearness of Bloud to decline all acting in the Process Lastly though the Lord Mount Norris justly deserved to dy yet he obtained his Pardon from the King 6. That the said Earl of Strafford without any lâ—gal proceedings and upon a Paper-petition of Richard Rolstone did cause the said Lord Mount Norris to be disseised and put out of possession of his Free-hold and Inheritance of his Manour of Tymore in the County of Armagh in the Kingdom of Ireland the said Lord Mount Norris having been two Years before in quiet possession thereof The Earls Reply That he conceived the Lord Mount Norris was legally divested of his Possessions there being a Suit long depending in Chancery and the Plaintiff complaining of Delay he upon the Complainants Petition called unto him the Master of the Rolls Lord Chancellour and Lord Chief Justice of the common-Common-Pleas and upon Proofs in Chancery decreed for the Plaintiff Wherein he said he did no more than what other Deputies had done before him 7. That the said Earl of Strafford in the Term of Holy Trinity in the thirteenth Year of his now Majesties Reign did cause a case commonly called the Case of Tenures upon defective Tiâ—les to be made and drawn up without any Iury or Trial or other legal Process and without the consent of Parties and did then procure the Iudges of the said Realm of Ireland to deliver their Opinions and Resolutions to that Case and by colour of such Opinions did without any legal proceeding cause Thomas Lord Dillon a Peer of the said Realm of Ireland to be put out of possession of divers Lands and Tenements being his Free-hold in the County of Mago and Rosecomen in the said Kingdom and divers others of his Majesties Subjects to be also put out of possession and disseised of their Free-hold by colour of the same resolution without legal proceedings whereby many hundreds of his Majesties Subjects were undone and their Families â—tterly rained The Earls Reply That the Lord Dillon with others producing his Patent according to a Proclamation on the behalf of his Majesty the said Patent was questionable upon which a Case was drawn and argued by Council and the Judges delivered their Opinions But the Lord Dillon or any other was not bound thereby nor put out of their Possessions but might have traverst the Office or otherwise have legally proceeded notwithstanding the said Opinion 8. That the said Earl of Strafford upon a Petition exhibited in October 1635. by Thomas Hibbots against Dame Mary Hibbots widow to him the said Earl of Strafford recommended the said Petition to the Counsel Table of Ireland where the most part of the Counsel gave their vote and opinion for the said Lady but the said Earl finding fault herewith caused an order to be entered against the said Lady and threatned her that if she refused to submit thereunto he would imprison her and fine her five hundred pound that if she continued obstinate he would continue her imprisonment and double her fine every month by month whereof she was enforced to relinquish her estate in the Land questioned in the said Petition which shortly was conveyed to Sir Robert Meredeth to the use of the said Earl of Strafford And the said Earl in like manner did imprison divers others of his Majesties subjects upon pretence of disobedience to his orders and decrees and other illegal commands by him made for pretended debts titles of Lands and other causes in an arbitrary and extrajudicial course upon paper Petitions to him preferred and no other cause legally depending The Earls Reply That true it is he had voted against the Lady Hibbots and thought he had reason so to do the said Lady being discovered by Fraud and Circumvention to have bargained for Lands of a great value for a small Sum. And he denied that the said Lands were after sold to his use or that the major part of the Council-board voted for the Lady the contrary appearing by the Sentence under the Hand of the Clerk of the Council which being true he might well threaten her with Commitment in case she disobeyed the said Order Lastly were it true that he were criminal therein yet were the Offeâ—ce but a Misdemeanour no Treason 9. That the said Earl of Strafford the 16. day of Feb. in the 12. year of his now Majesties reign assuming to himself a power above and against Law took upon him by a general Warrant under his hand to give power to the Lord Bishop of Down and Connor his Chancellor or Chancellors and their several officers thereto to be appointed to attach and arrest the Bodies of all such of the meaner and poorer sort who after citation should either refuse to appear before them or appearing should
French in the time of Treaty and he deserved as he found by a strict guard of Horse and Foot no better than others to be so imprisoned And whilest we are abroad we may mention our other neighbours with their two Fleets Spain and Holland in the English Roade the Downs the one seventy Sail intended for a recruit of men and money for Flanders and to land at Dunkirk But by the way they meet with the Hollanders Vice-admiral with seventeen gallant men of War And the seventh of September were forced to a fight whereas the Hollander over powred and unable to hold out with the loss of two Ships sunk got to Windward and went along with them towards Dunkirk presuming to meet his Admiral who lay before it and to that end gave warning by firing his Ordnance all the way upon the Enemy And as it was intended the next morning the Admiral hears the Reports and came up to his Vice-admiral and joyns his Fleet between Dover and Calais being now five and twenty Sail in all who encounter the Spaniard in sharp Fight till past Noon having much the better by taking two Gallions sunk another and shattered the rest enforcing them on the English Coast near Dover and so bore off for the Coast of France till they should consult whether here to force them any further The Spanish Resident importuned the King to keep the Hollanders in subjection but two Tides whilest the Spaniard might have the means to get back into Spain and withall under hand here had hired some English Ships to transport their Souldiers and Treasure to Dunkirk but upon Complaint and Opposition of the Hollands Ambassadour the King being in amity with both was resolved to stand Neuter with command that no Spaniard should be taken in or pass beyond Graves-end without licence And thus both Enemies at gaze devising by what Designs to eithers prejudice the Spaniard found means and opportunity in the night to convey to Dunkirk fourteen Ships and in them four hundred thousand pounds And then the King sends the Earl of Arundel to the Admiral of Spain Don Antonio D' Oquendo desiring him to retreat upon the first fair winde as not willing they should ingage within his Seas but the Easterly Winde not usual so long at this time held them here and helped the Hollander near him with fresh Supply till they were complete and hundred Sail incompassing their Enemy within Pistol-shot so near arriving as kept not long from ingaging for on the eleventh Day of September the Dutch Admiral Van Trump charged the Spaniard with his Cannon and Fire-ships so furiously as that they cut their Cables and being fifty three in number twenty three ran a shore and stranded in the Downs whereof three were burnt two sunk and two perished on the shore one of these was a great Gallion the Vice-admiral of Gallicia Don Andrea de Castro with fifty Brass Pieces of Ordnance in her The remainder of the twenty three deserted by the Spaniard who went on Land were mann'd by the English to save them from the Dutch the other thirty Spanish Ships under the command of Admiral Oquendo and Lopus of Portugal went to Sea and kept in close order untill a great Fog fell upon them when the Dutch taking the advantage interposed betwixt the Admirals and their Fleet and fought them valiantly till the Fog cleared up when the Admiral of Portugal began to flame being fired with two Holland Fire-ships which Oquendo perceiving he forthwith bent his course towards Dunkirk with the Admiral of that place and some few Ships more for most of the rest were taken and of these thirty eleven of them were taken and sent into Holland three perished upon the Coast of France one near Dover five sunk in the Fight and onely ten escaped to câ—â—ry the News home to Spain And this Narration came from Van Trump himself and sent to Ioachim the Dutch Lieger here I must confess we are yet to seek of the Spaniards Design and can but ghess as many differently did At their first appearance upon our Coast they were esteemed like the invincible Armado in Eighty Eight and simply conceived these for an Invasion for in likelihood the imbarquing of twenty five thousand Souldiers in that Fleet too great a number for a Recruit in Flanders as was suggested and imagined that by the Admiral of Naples his Refusal to shew his Commission being required by the King bore but an evil consequence wondring why the Town of Dunkirk should so much dispute the Reception of four thousand which were conveyed thither unless the Cardinal Infanto gave express command If those Forces had been purposely designed for their Recruit yet those Souldiers were unarmed very few Officers and the whole Fleet so poorly accommodated for any Invasion as wanting Pouder for their own defence so that they being at Anchor at the Downs London was their choice Magazine from whence they had their daily Supply This Quarrel in both the Enemies fell foul upon the Rule of State observed by all Princes not to suffer a Fight in their own Harbours as the Downs are to the English and this the first and greatest Affront that ever the Kings of England suffered in the Narrow Seas especially to consider it as begun and attempted by our next Neighbour the Hollander when it was a good occasion and a notable advantage of the English to have destroyed their whole Fleet and therefore whether it were silently connived at by some of our English Counsellours or whether as is suggested that â—â—rquess Hamilton his curiosity onely to take view of their â—leets or that Sir Iohn Pennington our Vice-admiral of the Narrow Seas did not do his duty certainly the effect might and partly did encourage the rebellious Scots to adventure upon the Kingsâ—â—nity â—â—nity that were so bold not long after to baffle with their Sovereign And because we will clear our home-affairs together we may take notice here though at this time that Sir Thomas Coventry Keeper of the Great Seal of England died the tenth of Ianuary after the managing of that Office fifteen years excellently well qualified for that Place both for Law and a good conscience though some have since spoken more freely than justly that he wisely took leave of this life before it should be taken from him Imagining that the liberty of that great trust might dispose him to unlawfull gain few of the same Dignity that came off without censure if not guilt the two last Viscount Saint Albans and the Bishop of Lincoln very eminent Delinquents in that Office were accounted Foyls to set him forth in a large measure as to himself As for Sir Iohn Finch Chief Iustice of the Common Pleas that succeeded him could not hold out so many Moneths as he did Years from being in hazzard to have forfeited his head which he saved by his light pair of heels the next year And that you may understand the temper
And so the War was mannaged by the cursed Irish and also by the Parliamentaries Scots and English against the Kings party being commanded by his General the Marquess of Ormond alone to defend himself which could not last over long for the Kings Forces in England being defeated and the Irish Rebells straitning Dublin with a Siege thought it more honourable to surrender to the Parliaments Forces that and what ere the King held in Ireland than to suffer the Interest of the English and Protestants to fall under the power of the Irish and so retires himself But after the Kings Imprisonment in the Isle of Wight and no further address to him Ormond goes over again with new Instructions and dignified with the Title of the Lord Deputy of Ireland with intent to make the best Peace he could and so to associate the English Scots and Irish to him many English and Irish conjoyn and Inchequin also upon the Kings Death with Preston and Taff and the mindes of others remaining in suspence the Scots forbear hostility giving good hopes to unite with Ormond To counterpoise these the Governour of Dublin Colonel Jones for the Parliament are deprehended in the same Embraces with Owen Roe the Rebells General and so are associated together with their Forces which Ormond not able to suppress after many Encounters yielded up all that he possessed for the King and his succeeding party after and retired into foreign parts where he now remains Thus in brief the Particulars follow It is true that Sir William Cole upon bare apprehensions of something had writ a letter to the Lords Justices the eleventh of Octâ—ber of great resort to Sir Phelem Oneal in the County of Tirone as also to the Lord Mac Guire in the County of Formanagho that Mac-Guire had often journeyed into the pale was continually busied in Letters and dispatches And then afterwards Sir William Cole certified by Letters of the one and twentieth of October of what was revealed to him by several Irish viz. to seize upon the Castle of Dâ—blin to murder the Lords Justices and Council and Protestants there and so over all Kingdom But these Letters never came to their hands nor any warning till the Evening of the day of Rebellion When many of the Conspirators arrived at Dublin and the three and twentieth of October 1641. met at the Lion Tavern neer Copper Alley Owen O Conally a Gentleman of a meer Irish family but a true Protestant by long Conversation with the English addressed himself to the Lord Justice Parsons about nine a clock that night and made a broken relation of a great conspiracy to seize the Castle at Dublin giving him the names of them now come expressly for that purpose and to attempt it the next morning and that Hugh mac Mahon was one of them who had told him so much with whom he had been drinking and so distempered his Lordship gave the less belief However he commanded him to return to Mac mahon to get out more of the plot and not faile to return back that night to his Lordship who in the mean time with all possible speed and secrecie ordered strong Guards in every corner And about 10. a clock went to the Council with Barlace without the Town and Sir Thomas Rotheram and Sir Robert Meridith Chancellor of the Exchequer where expecting the return of Conally he was seized by the watch ready to be carried to prison to the hazzard of all had not a servant of the Lord Parsons rescued him and so was brought to the Council and somewhat recovered of his former distemper told this Tale. That he being at Monimore in the County of London Derrey on Tuesday he received a Letter from Colonel Hugh Oge Mac mahan to come to Conaught in the County of Monaghan and to be with him on Wednesday last whither he came accordingly but Hugh being gon to Dublin he followed him hither and came about six a clock this Evening and forthwith went to his Lodging found him there without the Town and â—oth together came to the Lodging of the Lord Mac Guire but he not at home they two returned back again Hugh telling him that this night great number of the Irish Noblemen Papists would arrive in Town who with himself would take the Castle by Morning then to force the City by the Ordinance and destroy all the Protestants and so divers others were ordered in all parts of the Kingdom to seize and destroy all the English at an houre designed viz. to morrow by ten a clock and that all possible posting or speed could not prevent it And Conally moved Hugh rather to discover it to the State to prevent the mischief but he answered he could not help it yet that they owned their Allegiance to the King and pay it to him but what they did was against the tyrannical Government over them and to imitate Scotland who got their priviledge by that course And Hugh swore that they would not part but go together to the Castle and if this matter were discovered some body should die for it whereupon Conally fained some necessity for his easement to go out of the chamber leaving his sword in pawn Hugh's Man comming down with him into the yard where in a trice he leaped over a wall and two pales and so came to the Lord Justice Parson Examined the two and twentieth of October 1641. Owen O Conally Hereupon The Justices instantly sent and seized Mac-Mohan and his Man who forthwith came to the Council and confessed all the plot That on that very day all the forts and Castles of Ireland would be surprized That he with the Lord Mac Guire Hugh Birn Captain Brian Oneale and others were come to surprize Dublin Castle and that twenty men of Each County were to meet here to joyn with them That all the Nobility and Gentry Papists were confederates impossible to be prevented and how ever they used him now in their power his blood would be revenged Then Mac Guire and others were suddainly seized on and the Town filling with strangers the Council removed into the Castle and by this time a rumor of something gave Items to Hugh Birn and Roger Moor chief of the conspirators who escaped over the River and so did Plunket and Fox but thirty others were taken of the meanest quality the chief Actors found friends enough in the Town to help their escape The next day The Lords Justices Proclaimed the discovery of a Disloyal and detestable Conspiracy intended by some evil affected Irish Papists against the lives of the Lords Justicâ—s and Council and others his Majesties faithful Subjects throughout this Kingdome c. We therefore require all good Subjects to betake themselves to their own defence c. And to advertise us with all speed of all occurents which may concern the peace of the Kingdome and we require that care be taken that no levies be made of men for foraign
without the Kings consent were to introduce an Arbitrary Government to which he will never permit The King therefore having by his Proclamation the seven and twentieth of May last prohibited all persons upon their Allegeance to Muster Levy or summon without his consent by warrant or writ from his great seal And that antiently by Statute 5 H. 4. and by subsequent Records his Predecessors have exercised the power of the Militia by Commissions of Array therefore He thinks fit so to do Authorizing you or any three or more of you to Array and Train his people whereof you the Earl of Huntington and in youâ— absence William Earl of Devon or Henry Hastings Esq to be one That for the present you cause to be mustered all the ancient Trained Bands and Freehold Bands of the County and over them to appoint Colonels Captains and Officers Issue warrants for Assembling the people for discharge of that service of all which He expects a plenary accompt The Commission was directed to the Earls of Huntington and Devon Henry Hastings his son Henry Berkley George Villierâ— Thomas Burton Baronets Henry Skipwith Iohn Shepington and Richard Halford Knights and Baronets Wolston Dixey Richard Roberts Iohn Bole Thomas Harlop Erasmus De la fountain and William Iones Knights Henry Hastings George Ashley and Iohn Hate Esqs and to the Sheriff of Leicester-Shire to the same effect as aforesaid the twelfth of Ianuary 18 Car. per ipsum Regem Willis The Parliament ponder hereupon and after serious debate for it much concerned They resolved upon the Question That this Commission was against Law the liberty and property of the Subject And that the Actors therein shall be esteemed disturbers of the Peace and betrayers of the Subjects Lâ—bertie The twentieth of January The King goes on Summons his Lords and his Privy Council attending him at York and declares That He will not require any obedience from them but by the Law of the Land Nor that they yield to any Commands not legally imposed by any other That he will defend them and all others from such Commands and from Votes and Orders of Parliament and defend the true protestant Religion the Lawful liberty of the subject and the just priviledges of the three Estates of Parliament and according as he performs so he expects further Obedience That He will not â—ngage them in any war against the Parliament except for necessary defence against such as invade him or them On which they ingage to him their duty Allegeance in the like answer subscribed by all present which we shall record to posterity for their Loyalty then and of some of their defection after Lord Keeper Littleton Duke of Richmond Marquess Harford The Earls of Lindsey Cumberland Huntington Bath Southampton Dorset Salisbury Northampton Devonshire Cambridge Bristol Westmerland Barkshire Monmouth Rivers Newcastle Dover Carnarvan Newport The Lords of Mowbray and Matravers Willoughby of Ersby Richard Howard of Charlton Newark Paget Chandos Fawconbridge Pawlet Lovâ—lace Savile Coventry Mohun Duâ—smore Saymour Grey of Ruthen Capel Falkland Master controller Secretary Nicholas the Chancellor of the Exchequer Chief Justice Banks The King sends his Letters to the Lord Mayor Aldermen and Sheriffs of London Commanding them not to levy Arms nor raise mony upon pretâ—nce of a Guard to the Parliament But if they shall lend money towards the relief of Ireland as he hath don however the mony be disposed or towards the paiment of his Scots Subjects he shall esteem it an acceptable service if otherwise he shall take it as contempt to him and his authority and shall be compelled â—o question their Chartâ— therein And publishes a General Declaration That having these last seven Moneths met with so many several encounters of strange and unusual Declarations of Parliament He is not amazed with any new Prodigy of that kind and their last of the six and twentieth of May gave warning that they having spent their stock of reproachful language upon Him He was to expect they should now break out into disloyal actions for by that they divested Him of his Authority and assumed it to themselves and now they put forth the fruits of that supream power by their propositions for raising forces under pretence of preserving peace for defence of the King deceiving the People as if the danger were great and he consulted therein Sums up the Parliaments ridiculous devised fears and Jelousies Protests his former and still unshaken Resolutions for Peace for Religion for the Laws and for the Subjects Liberties Advising them not to contribute their power and assistance to ruine Him and themselves satisfies them in all the causeless and groundless scandalous Rumors and Reputations raised against his person and Honour And so excites all his loving Subjects according to their Oaths of Allegeance and Supremacy their Vow and Protestation to contribute their best assistance for the opposing and suppressing of the Trayteâ—ous attempts of such persons as would destroy his Person Honour and Estate and engage the Kingdom in a Civil war He declaring that whoever shall bring into him Money or Ammunition Horse or Arms for his or the publique defence shall receive 8. 1. per cent consideration and shall receive good assurance of the principal and interest upon his Forest Lands Parks and Houses better he saith than the security of the onely name Publique faith All the said Lords subsigning to a Profession disavowing any Preparations or Intentions of war against the Parliament but only endeavouring the firm and constant Parliament of Religion and Laws of peace and prosperity of this Kingdom And by publique Proclamation forbids all Levies of forces without his express pleasure and all contributions or assistance to any such Levies These statutes in force impowring the King and no other to raâ—se Arms as 7 Edw. 1. The statute of Northampton 2 Edw. 3. That in the 11 of Rich. 2. He being under age the Duke of Glocester and other Lords upon pretence for the King raised forces and subdued their adversaries they procured a special Act of pardon for it In the Reign of H. 8. the Earl of Shrewsbury to suppress a suddain Rebellion did without the Kings warrant raise Arms and Mastered the Traytors yet was forced to obtain his Pardon By the Statute 25 of Edw. 3. It is Treason to Levy war against the King in his Realm It was the case of the Earl of Essex upon pretence of but removing some ill Councellors about Queen Elizabeth and adjudged Treason It is the present excuse of the Irish Rebels for defence of the Kings authority and of his Kingdome Wat Tyler Iack Cade and Kit the Tayler wanted not such publique pretences which were perhaps just causes of complaints though not of raising Men. Then to the Parliaments distinction betwixt the Kings person and his authority and so his person at York but his Authority in Parliament See Cook 7 Rep. Coloins case The Oath of allegeance by the Common
Seyman which held a weeks debate and being very prolix we shall refer the Reader to the Papers on each particular then set forth by the Kings friends and since imprinted and bound up together with other Writings and Papers of the Kings annexed to his Eikon Basilike where the dispute is set out at large But the time limited in the Treaty being now consummaâ—â— the Commissioners return and make their report to the Parliament of the Kings Concessions no waies answerable to their desires and so are voted unsatisfactory And at an instand Hamond renders up the charge of the Kings person to Col. Ewers as hereafter And whilst the Treaty is likely to conclude in peace the Commanders of the Army seem to entertain the hopes with gladness and profess That they will obey the Acts of the Houses that publick peace will be welcom to them above others that being free from the toyls of War they might settle their own private affairs and after the end of their tedious labours sit down to rest But what ere they said their intermingled friends in the Houses advizing some Commanders and common Souldiers hold meetings and frame Petitions That the Treaty with the King might be broken off and punishment on all without distinction glancing at the Kings person the Enemies of the Common-wealth and these are Printed and dispersed and which taking flame the Souldiers Rendezvouz near London to frighten their adverse party and a Remonstrance is conceiving by an able pen-man who under colour of dislike with the General takes time in private for the present only to frame a large Remonstrance of the Army But to usher it in with County Petitions 〈…〉 most pertinent from thousands of the County of Leicester minding the Parliament in this time of Treaty of two Declarations the one from the Assembly of Scotland charging the King with spilling of the bloud of many thousands in his three Kingdoms And the other Declaration of Parliament An. 1647. wherein they give Reasons of their no further address to the King and speak as high as these of Scotland they add also the Houses Answer to the Scots Commissioners Papers 1647. All which have made their hearts to tremble expecting with amazement what satisfaction they may have to these loud cryings and Heaven-provoking crimes viz. The death of his Father betraying Rochel the Spanish Fleet with an Army in it Proclamations to cry down Parliaments his correspondency with Rome the private Articles of his marriage his Commissions to the Rebels in Ireland his violent attempt upon his House of Commons inviting Foreigners to enslave the three Nations his proclaiming the Parliament of England Rebels the designed bloody Massacre in London by his Commission his destructive principle of yielding accompt to none but God his inviting over of the Irish Rebels to subdue this Parliament and such like together with this eight years misâ—ries of these three Kingdoms And that these are but a few of the many Reasons why they cannot repose any more trust in him And pray that proceedings against him may be accordingly least they build their peace upon ruined foundations that they may neither fear Treating with him nor trusting him with great and weighty affairs of the three Kingdoms And conclude as most charitable and Christian that speedy justice be executed on all prisoners the Parliaments Enemies And had thanks for this Petition But the Tide began to turn in October whilst they were Treating for now we are almost at quiet abroad and the Army at leisure Insurrections calmed Garrisons in opposition surrendred Scotland inâ—aders overcome the two Kingdoms brought in confederacy in Arms. And the House of Commons bethinks of raising vast sums for composition of Delinquents and accessaries in the late Insurrections and in executing such persons prisoners as are fitted for Justice To which eâ—d they have Petitions from the Mayor Aldermen and Common Council of London and the like unchristian charity from the prayers and Preachings of the Presbyterian and accordingly the Parliament proceed They begin with the Earl of Norwich and the Lord Capell as to impeaching them of Treason and Rebellion who Petitioned the House of Lords with the sense of their condition and of the quarter consented unto by the General Fairfax at the Surrender of Colchâ—ster The Lords send to the Commons assuring them that by the Generals Letter to them all others were to have quarter after some were shot to deaâ—â— And upon great debate the Houses were fain to desire the General to explain his Letter of the 29. of Septem He was now at his Head Quarters at St. Albans and long after they had this Answer The General does not take upon him to conclude but stating the business leaves them to the Civil power and so in effect to tâ—yal for life But ere they had Answer they are troubled at a demand of the Army for present payment of their Arrears amounting to the sum of three hundred fourteen thousand three hundred fifty one pounds and five pence whereof near fifty thousand pounds is due from the City of London Besides one hundred thousand pounds to be advanced in part of the Arrears due to the reduced Officers and Souldiers in a List remaining in the House of Commons and the debate was whether the new Sequestrations in the County of Essex should be exempted from being part of the money assigned for this purpose and conclude in the Negative This made a hubbub over all England the reduced Officers of all Counties are coming up to London under pretence for their Arrears The Parliament bustle how to avoid the inconvenience and declare That the Houses are upon passing an Ordinance for their satisfaction and that their coming up to London will much impede this and other the great affairs of the Kingdom and therefore they are commanded to forbear upon that or any pretence whatsoever and so had an Ordinance passed for payment of 23000. l. part of their Arrears 9. October The Courts of Westminster Hall were thin and were to be filled with Judges And in order thereto a new call of Serjeants at Law Out of Greyes Inn thâ—se to be Serjeants Sir Tho. Widdrington Sir Tho. Bednifield Mr. Kebble Mr. Thorpe and Mr. Bradshaw Out of Lincâ—lns Inn Mr. Sollicitor St. Iohn Mr. Sam. Brown Mr. Recorder Glyn and Mr Erle Out of the Middle-Temple Mr. Whitlock Mr. Coniers Mr. Puleston Out of the Inner-Temple Mr. Chapman Mr. Gales and Mr. Will. Littleton And not long after were called Will. Powel Io. Clark Iohn Elcontread Ro. Nichols Io. Parker and Rob. Barnard and were made Serjeants at Law Serjeant Roll is to be chief Justice of the Kings Bench Iermin and Brown Justices there Mr. Sollicitor chief Justice of the common-Common-pleas Sir Tho. Bedingfield and Creswel Justices there Serjeant Wild chief Baron of the Exchequer Mr. Gates a Baron there Mr. Whitlock Atturney Gen. of the Dutchy Mr. Prideaux Sollicitor Gen. Mr. Widrington one of the Kings Serjeants
Proctors deprived and others partakers check't for engaging But the Expulsion of these Preachers Expelled not their Schism which inwardly burnt the more for blazing the lesse many complaining of the two edged sword of justice too penal for some to touch then others to break the Kings Declaration And in this controversie died the Arch Bishop of York Dr. Harsnet a discreet Assertor of these necessary and useful Ceremonies and complained even against the Conformable Puritan who preached it in policy but diffented in judgement His Epitaph sets forth his Bishopricks Indignus Episcopus Cicestrensis Indignior Norvicensis Indignissimus Archiepiscopus Eboracensis enjoying them all three And now they revive the Sabbatarian controversie which was begun five years since 1628. Bradburn on the Sabbath day and directed to the King maintaining First The fourth Commandment simply and intirely Moral and Christians obliged as well as the Iews to observe everlastingly that day That the Lords day is an ordinary working day it being Will-worship to make it a Sabbath by vertue of the fourth Commandment But the High Commission Court soon made this man a Convert which opinions begat controversies of five heads What is the fittest name of that day when to begin and end Upon what authority grounded Whether alterable or no Whether any recreations and what kinds on that day And then these disputants were distinguished into Sabbatarians Moderate men and Anti-Sabbatarians and their preaching and pamphlets so quarrelous as made the poor distracted people to seek what to do And at the Temple It was Explained by Learned Dr. Micklethwait That the richer fort were more obliged to the strictnesse of the day than the poor workman such as have no diversion by labour all the week need no Recreation on One day the Labourer having some title to Liberty But from the Pen they fall to Pikes and Somersetshire the Stage and fieâ—y Scene First keeping their Church-Ales and Wakes of meetings on that day evening which upon complaint to Richardson Chief Justice that Circuit he suppressed them totally by Order of the nineteenth of March. This being an usurpation of a Lay Judg on Ecclesiastical Jurisdiction the Arch-bishop Laud procures from the King a Commission to two Bishops and other Divines to examine the Judges carriage therein which Order at last he was fain to revoke the next Assize and so the quarrel on foot and petition troubling the King to settle this difference it procured reason of State in the King to revive his Fathers Declaration for Sports set out in the fifteenth of King Iames upon the like occasion in Lancashire which refer to the subsequent time 1654. And indeed though the State was induced with much prudence to afford some liberty to labouring people carving to some freedom on that day cut most for others and leave least for themselves The Declaration was not pressed on the Minister to publish more proper for a Lay Officer or Constable but because Judg Richardson had enjoyned his Order to the contrary and the Minister obeyed it Now the Declaration was put upon them also by the Order of the Bishops Some Schismaticks were forward to read it and forthwith the fourth Commandment setting as they meant God and the King at odds that so themselves might escape in the fray Nor was the reading absolutely urged upon any unless under the Bishop of Norwich too severe there Many men out of breath observe this as the concurring cause of our sad events and Civil War 'T is true our fights were often forced upon the King on that day as pointing at the punishing of profaneness but our Battels have been rubrick'd each day in the Week with English bloud and therefore to pick a solemn Providence out of a common Casualty savours more of Curiosity than Conscience though indeed Edg-hill Fight fell on that day which entred us into so much misery And truly had we all of us strictand duly observed the holy keeping that Holy Day we might be happy there still I mean the due measure but we have wrested it awry from the right way reeling into extremes afterwards neglecters now contemners Transcendents above common piety they need not keep any because they observe all days we call them Levellers equalling all Times Places Persons nay to our Lands in common a general confusion they make to be Gospel perfection for having supprest all due observation of festival Saints days and their Eves Wednesdays and Fridays Service and Letanies now our Hypocrites out of errour or worse perfect prâ—faness take away the Lords day also The famous Fabrick of Saint Pauls Church and Steeple made so in process of time from the pâ—ety of primitive Christians their devout zeal to good works and since by several additions of Benefactours raised to a structure of admiration a Pile huge and honourable not the like left to our last Age to be sampled in the whole World What the hands of good men had made wonderfull the hand of wasting had extremely decayed Onely the hand of Heaven by accident of Lightning had burnt down the high Spire in the time of Queen Elizabeth who then had designed not onely to rebuild that but to repair the whole Church and to that end some Materials were then prepared Afterwards in the time of King Iames the religious Patriot Sir Paul Pindar of worthy memory returning into England some years since from his Ambassie Lieger in Constantinople and afterwards one of the great Farmers of the Kings Customes and of ample fortune the most in money became the great Example of Charity to many and the Patern of Piety to all in his magnificent re-edifyfying of this Church First he repaired the Entry front and Porches to all the upper Church Quire and Chancel and enriched them with Marble Structures and Figures of the Apostles with Carvings and Guildings far exceeding their former beauty which cost above two thousand pounds the act of a good man as King Iames said But the main Fabrick fit for the work of a King And therefore King Charls having a pious resolution to begin the Repair of the whole Church and Steeple made his humble entry at the West end of the Isles up to the Body Quire and Chancel where after a Sermon of Exhortation to that Christian intention he made his pious Procession about the inside Circumvelation thereof and viewing the Decays gave up his promise with his Devotions speedâ—ly to settle the beginning of the work And this year issued out his Commissions under his Great Seal to the Lord Maior Sir Robert Drewry the two Arch-bishops the Chancellour Treasurer Privy Seal some Bishops Secretaries and Councellours of State Deans Aldermen and others or any six of them whereof three to be of the Privy Council and always the Bishop of London for the time being to be one who was then William Laud and the first man but not the chief Promoter being promoved and attempted by others before he was of
fire-coales into a flame the French being then upon a War with Spain and the Cardinal a great Statist knew that Englands best policy was ever to side with the weakest to ballance the biggest power neither of them to increase above the measure of moderation To that end Monsieur Montril was sent Emissary and Agent to work out the Design in England and Scotland as may appear by the Scots Letter to the French King as hereafter follows and that they had great incouragement from Richelieu but what assistance under hand I could never finde out fair promises and no doubt never to engage against them But Balmerino his great Enemy the Earl of Kinnol Lord Chancellour of Scotland took his leave of this life and left his Office to Spotswood Son to the first Superintendent formerly Arch-bishop of Glasgow and now Arch-bishop of St. Andrews aged above sixty years a learned moderate wise man as by his History appears the first of his Coat since the Reformation of that Dignity and that for the great advantage of the Church if rightly apprehended without that mistaken Vote never known before for three hundred years a Clergy-man to bear that Dignity I shall remember those that were Andrew Foreman 15 Iac. 4. James Stuart Brother to James the fourth James Beaton 10 Jac. 5. and Queen Maries Reign David Beaton Cardinal succeeded him Jo Hamilton Brother to the Duke of Chattleheralt was the last of the Popish Bishops and many more before those and all of them Arch-bishops of St. Andrews and Chancellours Then there were Willam Lowater anno 1412. Andrew Foreman Iac. 4. Gawin Dunbar Praeceptor to James 5 and after him James Beaton And these following were Arch-bishops of Glasgow and Chancellours Adam and Patrick Bishops of Brocher Chancellours annis 1360 1370. Thomas Spence Bishop of Galloway and Chancellour to Jac. 2. William Elphinston Bishop of Aberdene Chancellour to Jac. 3. Indeed in Scotland heretofore Justice was perâ—ormed by Itinerarie Courts like to the Judicature of Courts in England fifteen Judges in all seven Churchmen and seven Laymen and the President also a Churchman and the best offices of State were formerly in Bishops and Abbots which gave them abilities in purse to perform those great and pious works of charity honour and common benefit Abbies Churches Hospitals Bridges Causewayes and the like all Acts of the Clergy heretofore which now their successours destroy Death indeed was more indifferent with two Great Ones in England two Eminent Men of several factions the One Sr. Richard Weston Earl of Portland Lord High Treasurer of England the Kings great Favourite for his Abilities at this time the more useful in promoting Prerogatives and all advantages of raising money with some regret of the Commons for such services His place was therefore for the present put under power of Commissioners for some time after The other was Sr. Edward Cook a Common Lawyer and so bred up himself to please the people Increasing esteem on that score from his first rise Queen Elizabeths Attorney General chief Iustice of the Kings Bench under King Iames where he lost himself by too much liberty of Eloquence or Impudence and removed from that Court to his Countrey retirement in the County of Buckingham made high Sheriff to humble him towards this King with a clause in his Commission to avoyd his Election of being a Burgesse in Parliament of which he was the more ambitious because thereby the better able to shew his Enmity but he got it in Norfolk his birth-place and he a Law-wrangler was voted legally chosen notwithstanding his Commission of Restraint We may not forget the Affairs of Germany the Swede having a continued confederacy with the protestant Princes and the French assistance against the Emperour and Spain for although they fought and treated for a conjunction Duke Barnard had been so often bafled by former promises of Wallestien before his Murther that now he trusted to fair words no longer And the good Duke Francis Albert of Saxony Leumburgh the Instrument chosen to tye these two different dispositions into a Ligament was not his crafts master but was carried prisoner for many years to Vienna The King of Hungary for the Imperial party having cured the Army with good gold after the disorder of Wallestiens murther and taken new Oath of the souldiers when News came to his camp of a notable victory gotten by Arnem upon the Imperialists in Silesia and of his marching towards Prague whither the King sent so strong a supply Arnem was constrained to retire into Saxony at the same time that the Town of Ratisbone was regained for the Emperour in Iuly the brave and famous General Aldring being slain a little before at Lanshut He was of Luxenburgh obâ—curely born whose virtues and valour had raised thus high and eminent in many battels against Iohn de Wiert with successe And the businesse Military in Germany requiring all assistance for the Emperour against such a confederacy of friends Thither comes the Cardinal Infanto from Milan with the old Spanish Italian and Burgundian Bands through all Switâ—zerland soon reforming the riotous Swedes by their example into a true Military Discipline These forces joyning with the Imperialists marched into the Duchy of Weitemburgh but first must passe the fiery Tryal of a strong Town Norlington The Swedes and their Allies are likewise summoned together from all parts Horn joyns with Duke Barnard and advises to spare the Enemy a Town or two than to hazzard the publicque cause But the Duke would fight for it and designed the day the sixth of September and the rather because some private offer had been for Overtures of a Peace which the Swedes took for a good Augure what ere it presaged It procured to both Armies the most horred bloody fight that had been between Christians To the Protestants party were already arrived the forces of the Duke of Weitemburgh the Lantgrave of Hassia and Count Cratz He who was for Bavaria and should have betrayed Ingolstade to the Enemy and so being discovered was fled hither wanting none but the Rhingrave and his four thousand men The fight began early the most furious first shock was for a Hillock the storming of a mined fort lost many of the Swedes Infantry The Canon hidden behinde some bushes did mighty Execution also and the Swedes constrained to fly and their Cavalry pursued by the Duke of Lorain and Iohn de Wiert were utterly defeated eighty pieces of Canon three hundred colours and twelve thousand men slain and six thousand prisoners amongst whom that brave man Gustave Horn Nobly received by the King The fruit of this Battel began a peace short and sweet onely to let that miserable Countrey taste of the blessing which lasted not long when the revenger of blood opens the veins to let out more evil fumes This Victory might answer for their Eminent successe heretofore at Leipsick and Lutzen and as the Swedes did then so does
Councel at Hampton Court the case was concluded for the Arch Bishop as the greatest reason not to rule themselves having suffered such an Inconvenience there without so much as taking notice much lesse reforming It had been more then fifteen moneths that the Writs of Ship-money were issued out to divers Counties many Men and in special Mr. Hambden of Buckingham Shire being Assisted by the Sherifâ— made default of payment this Person well known and supposed a stake for others not without a resolved factious assistance of powerful parties And therefore the King this Michaelmas Term not precipitate into a quarrel advised the opinion of his Judges stating the Case by Letter to them To our trusty and well-beloved Sir John Bramstone Knight Chief Iustice of Our Bench Sir John Finch Knight Chief Iustice of Our Court of Common Pleas Sir Humphrey Davenport Knight Chief Baron of Our Court of Exchequer and to the rest of the Iudges of Our Courts of Kings Bench Common Pleas and the Barons of our court of Exchequer Charls Rex Trusty and well-beloved we greet you well taking into our Princely consideration that the Honor and safety of this Our Realm of England the preservation whereof is onely entrusted to Our care was and is more dearly concern'd then in late former times as well by divers councels and attempts to take from Us the Dominions of the Seas of which We are sole Lord and rightful Owner or Propriator and the losse whereof would be of greatest danger and peril to this Kingdom and other Our Dominions and many other wayes 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 publique a mischief resolve with our self to have a Royal Navy prepared that might be of force and power with Almighty Gods 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 chearfulnesse and alacrity which We gratiously interpret as a testimony as well of their dutiful affection to us and our service as of the respect they have to the Publique which well becometh every good Subject Nevertheless finding that some few happily 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 Assesments that were set upon them And fore-seeing 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 inconveniencies and out of Our Princely love and affection to all Our People being willing to prevent such Errours 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 Judgments in the Case as it is set down in the inclosed Paper which will not onely 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. CHARLS Rex CHARLS Rex VVhen the good and safety of the Kingdom in general is concern'd and the whole Kingdom in danger whether may not the King by VVrit 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 aâ— 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 Reâ—usal or Refractoriness and whether in such case is not the King the sole Iudge both of the Danger and when and how the same is to be prevented and avoided The Judges return their Opinions thus May it please your Most Excellent Majesty we have according to your Majesties 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 compell the doing thereof in case of Refusal or Refractoriness And we are also of opinion that in such Case your Majesty is the sole Iudg 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 Trever George Vernon Robert Barkly Francis Crauly Richard Weston Thus they subscribe which was inrolled in all Courts at Westminster Hall and without doubt Warrant sufficient for the King to proceed against any Defaulters specially singly against Hambden who appeared upon Process and required Oyer of the Ship Writs and so being heard he demurred in Law and demanded the Iudges opinion upon the Legality of those Writs which being argued in the Exchequer all the Iudges and those Barons except Crook and Hutton were of opinion for the Writs and the Barons gave Iudgment accordingly against Hambden who under hand advised held up the Quarrel by Intermissions till further time and conveniency The Queen bare the Princess Ann the seventeenth of March the third Daughter to the King This Midsummer Term were censured in Star-chamber three Delinquents confederate A medley of Mal-contents The one a Divine Mr. Burton who is a mistiled Sometime Tutor to the King which he never was nor any
peace he gave order to his Officers to fight us and so to be engaged in bloud the better for his wicked Designs against both Kingdoms And although his Majesty with consent of his Peers were inclined to a Peace as before he onely in that honourable Assembly raged against us as Traitours and Enemies to Monarchical Government to be sent home nay he himself would undertake to whip us home in our own bloud That after the Cessation of Arms he during the Treaty drew up his Army near the Tees and gave his Warrants to the several Governours of Barwick and Carlile for their Acts of Hostility and he the Man that continueth several parts of England in terms of difference sundry Scots imprisoned still no free Trade nor other face of affairs there as before the Cessation And therefore desire their Lordships that this great Incendiary not onely against private persons but even against Kingdoms and Nations may come to his Trial and endure condign justice and punishment And for this their good service the Scots had favour from the House of Commons to have an hundred thousand pounds voted for the Expence of their Army who besides plundered the Counties round about their Quarters And not to separate him from his confident Sir George Ratcliff who was brought out of Ireland and this Impeachment charged against him The Impeachment of Sir George Ratcliff First that he had conspired and joined with the Earl of Strafford to bring into Ireland an Arbitrary Government and to subvert Fundamental Laws Secondly to bring in an Army from Ireland to subdue the Subjects of England Thirdly that he joyned with the Earl to use Regal power and to deprive Subjects of their liberties and properties Fourthly to take out fourty thousand pounds out of the Exchequer in Ireland and bought Tobacco therewith and converted the same profit to their own uses Fifthly that he hath traiterously confederated with the Earl to countenance Papists and built Monasteries to alienate the affections of the Irish Subjects from the subjection of England Sixthly to draw the Subjects of Scotland from the King Seventhly that to preserve himself and the said Earl he had laboured to subvert the Liberties and Privilege of Parliaments in Ireland The Parliament taking things in turn having turned out of the House of Lords and safely lodged two Delinquents the most active and powerfull the one from the State the other from the Church the next in course must concern the Law the most eminent Malignant as they conceived was the Lord Keeper Finch who took it for his wiser way to prevent the effects of what was in preparing against him the Commons charge of High Treason In reference to it he caressed them with an Oration such as it is in vindication of himself in such particulars as he knew most in force and because it contained more than bare words we may examine the merit thereof which was all that he had time to say for himself Mr Speaker I give you thanks for granting me admittance to your presence I come not to preserve my self and Fortunes but to preserve your good opinion of me for I profess I had rather beg my Bread from door to door with Date obolum Bellisario with your favour than be never so high and honoured with your displeasure I came not hither to justifie my words actions or opinions but to open my self freely and then to leave my self to the House What disadvantage it is for a man to speak in his own cause you well know I had rather another would doe it but since this house is not taken with words but with truth which I am best able to deliver I presume to do it my self I come not with a set speech but with my heart to open my self freely and then to leave it to the house but do desire if any word fall from me that shall be misconstrued I may have leave to explain my self For my Religion I hope no man doubts it I being religiously educated under Catterton in Emmanuel Colledge thirty years I have been in Grays Inn thirteen years a Bencher and a diligent hearer of Dr. Sibs who if he were living would testifie that I had my chiefest encouragement from him And though I met with many oppositions from many in that house ill affected in Religion yet I was alwaies supported by him Five years I have been of the Kings Council but no Actor Avisor or Inventor of any project Two places I have been preferred unto Chief Iustice and Lord Keeper not by any sute or merit of my own but by his Majesties free gift In the discharge of these places my hands have never touched my eyes have never been blinded with any reward I never biassed for friend-ship nor diverted for hatred for all â—â—at know me know that I was not of a vindicative nature I do not know for what particulars or by what means you are drawn into an ill oppinion of me since I had the honour to sit in that place you sit in Mr. Speaker In which I served you with fidelity and Candor Many witnesses are of the good Offices I did you and resumed expressions of thankfulness from this house for it for the last day I had share in it no man expressed more Symbols of sorrow then I. After three daies Adjournment the King desired me it might be adjourned for some few daies more whether was it then in his Majestie much less in me to dissolve the House But the King sent for me to White hall and gave me a Message to the House and commanded me when I had delivered the Message that I should forthwith come to him and if a question was offered to be put he charged me upon my Allegeance I should put none I do not speak this as a thing I do now merit but it is known to divers men and to some Gentlemen in this House All that I say is but to beseech you all consider what you would have done in this strait betwixt the King my Master and this honourable House The Shipping business lieth heavy upon me I am far from justifying that my opinion if it be contrary to the Iudgment of this House I submit I never knew of it at the first or ever advised any other I was made Chief Justice four daies before the Writ went out for the Port I was sworn sixteen daies after Chief Justice and those writs issued forth without my privity The King Commanded the then Chief Justice the now Chief Baron and my self to look on the Presidents and to certifie him our opinions what we thought of it That if the whole Kingdome were in danger it was reasonable and fit to lay upon the whole Kingdome and not upon the Port only and commanded the thâ—n Chief Justice and my self and the now Chief Baron to return him our opinions Our opinions were and we thought it agreeable to Law and reason that if the whole were in danger the
Earl craved not to Answer an unexpected addition without time assigned yet the Lords prevailed and put him to a present reply 1. That he had withdrawn four and twenty thousand pounds and more from the Exchequer in Ireland and converted to his own use 2. That in the beginning of his Government the Garrisons of Ireland had been maintained by the English Treasury 3. That he had advanced popish and infamous persons as the Bishop of Waterford and others to the prime Room in the Church of Ireland Answer 1. That England was indebted to Ireland so much which he took up upon his own credit and paid it in again producing the Kings Authority and Letter for the same 2. That the Garrisons had been formerly burdensom to England which he so found and had so improved the Kings Revenues there that they were not burdensom at all 3. That he never preferred any but whom he conceived consciencious and honest not being able to prophesie of mens future conditions And for the Bishop of Waterford he hath satisfied the Law The next Day March 24. the particular Articles were inforced to each he answered in order The further Impeachment of Thomas Earl of Strafford by the Commons assembled in Parliament The first Article was not insisted upon 2. That shortly after the obtaining of a Commission dated the 21. of March in the 8. Year of his now Majesties Reign to wit the last Day of August then next following he the said Earl to bring his Majesties Liege-people into a dislike of his Majesty and of his Government and to terrifie the Iustices of the Peace from executing the Laws he the said Earl being then President of the Kings Council in the Northern parts of England and a Iustice of Peace did publickly at the Assizes held for the County of York in the City of York in and upon the said last Day of August declare and publish before the People there attending for the administration of Iustice according to the Law and in the presence of the Iustices sitting that some of the Justices were all for Law but they should finde that the Kings little finger should be heavier than the loyns of the Law Testified by Sir David Fowls and others The Earls Reply That Sir David Fowls was his profest Enemy that his words were clearly inverted that his expression was That the little finger of the Law if not moderated by the Kings gracious clemency was heavier than the Kings loyns That these were his words he verified First by the occasion of them they being spoken to some whom the Kings favour had then enlarged from Imprisonment at York as a Motive to their Thankfulness to his Majesty Secondly by Sir William Pennyman a Member of the House who was then present and heard the words Which Sir William declaring to be true the House of Commons required Iustice of the Lords against him because he had voted the Articles as a Member of the House whereupon Sir William wept 3. That the Realm of Ireland having been time out of minde annexed to the Imperial Crown of this his Majesties Realm of England and governed by the same Laws the said Earl being Lord Deputy of that Realm to bring his Majesties Liege-people of that Kingdom likewise into dislike of his Majesties Government and intending the subversion of the Fundamental Laws and settled Government of that Realm and the distraction of his Majesties Liege-people there did upon the 30. Day of September in the 9. Year of his now Majesties Reign in the City of Dublin the chief City of that Kingdom where his Majesties Privy Council and Courts of Iustice do ordinarily reside and whither the Nobility and Gentry of that Realm do usually resort for Iustice in a publick Speech before divers of the Nobility and Gentry and before the Maior Aldermen and Recorder and many Citizens of Dublin and other his Majesties Liege-people declare and publish that Ireland was a conquered Nation and that the King might do with them what he pleased and speaking of the Charters of the former Kings of England made to that City he further said that their Charters were nothing worth and did binde the King no further than he pleased Testified by the Earl of Cork and two other Lords The Earls Reply That if he had been over-liberal of his tongue for want of discretion yet could not his words amount to Treason unless they had been revealed within fourteen days as he was informed As to the Charge he said True it is he said Ireland was a conquered Nation which no man can deny and that the King is the Law-giver in matters not determined by Acts of Parliament he conceived all loyal Subjects would grant 4. That Richard Earl of Cork having sued out Process in course of Law for recovery of his Possessions from which he was put by colour of an Order made by the said Earl of Strafford and the Council-table of the said Realm of Ireland The said Earl of Strafford upon a Paper-petition without legal proceedings did the twentieth Day of February in the eleventh Year of his now Majesties Reign threaten the said Earl of Cork being then a Peer of the said Realm to imprison him unless he would surcease his Suit and said that he would have neither Law nor Lawyers dispute or question any of his Orders And the twentieth of March in the said eleventh Tear the said Earl of Strafford speaking of an Order of the said Council-table of that Realm made in the time of King James which concerned a Lease which the said Earl of Cork claimed in certain Rectories or Tithes which the said Earl of Cork alleged to be of no force said that he would make the said Earl and all Ireland know so long as he had the Government there any Act of State there made or to be made should be as binding to the Subjects of that Kingdom as an Act of Parliament And did question the said Earl of Cork in the Castle-chamber upon pretence of Breach of the said Order of Council-table and did sundry other times and upon sundry other occasions by his words and speeches arrogate to himself a Power above the Fundamental Laws and established Government of that Kingdom and scorned the said Laws and established Government The Earls Reply It were hard measure for a man to lose his Honour and his Life for an hasty word or because he is no wiser than God hath made him As for the words he confessed them to be true and thought he said no more than what became him considering how much his Masters Honour was concerned in him that if a proportionable obedience was not as well due to Acts of State as to Acts of Parliament in vain did Councils sit And that he had done no more than what former Deputies had done and than what was agreeable to his Instructions for the Council-table which he produced And that if those words were Treason they should have been revealed within
a fourth part of the Members of either House whose judgments free single and apart did approve or desire such destructive changes in the Government of the Church I am perswaded there remains in far the major part of both Houses if free and full so much Learning Reason Religion and just Moderation as to know how to sever between the use and the abuse of things the institution and the corruption the Government and the mis-government the primitive paterns and the aberrations or blottings of after copies Sure they could not all upon so little or no Reason as yet produced to the contrarie so soon renounce all regard to the Laws in force to Antiquitie to the pietie of their reforming progenitours to the prosperitie of former times in this Church and State under the present Government of the Church Yet by a strange fatalitie these men suffer either by their absence or silence or negligence or supine credulitie believing that all is Gold which is gilded with the shews of Zeal and Reformation their private dissenting in Iudgment to be drawn into the common Sewer or stream of the present Vogue and humour which hath its chief rise and abetment from those popular clamours and Tumults which served to give life and strength to the infinite activitie of those men who studied with all diligence and policie to improve to their innovating Designs the present Distractions Such Armies of Propositions having so little in my judgment of Reason Iustice and Religion on their side as they had Tumult and Faction for their rise must not go alone but ever be back and seconded with Armies of Souldiers though the second should prevail against my person yet the first shall never over-come me further than I see cause for I look not at the number and power so much as I weigh their Reason and Iustice. Had the two Houses first sued out their Liverie and once effectually redeemed themselves from the Wardship of the Tumults which can be no other than the Hounds that attend the Crie and Hollow of those men who hunt after Factions and private Designs to the râ—ine of Church and State Did my judgment tell me that the Propositions sent to me were Results of the major part of their Votes who exercise their freedom as well as they have a Right to sit in Parliament I should then suspect mine own judgment for not speedily and fully concurring with every one of them For I have charitie enough to think there are wise men among them and humilitie to think that as in some things I may want so 't is fit I should use their advice which is the end for which I called them to a Parliament But yet I cannot allow their wisdom such a compleatness and inerrabilitie as to exclude my self since none of them hath that part to act that Trust to discharge nor that Estate and Honour to preserve as my self without whose Reason concurrent with theirs as the Sun's influence is necessarie in all Natures productions they cannot beget or bring forth any one compleat and authoritative Act of publick wisdom which makes the Laws But the unreasonableness of some Propositions not more evident to me than this is that they are not the joint and free desires of those in their major number who are of right to sit and vote in Parliament For many of them savour very strong of that old Leaven of Innovations masked under the name of Reformation which in my two last famous Predecessour's daies heaved at and sometimes threatned both Prince and Parliament But I am sure was never wont so far to infect the whole mass of the Nobilitie aâ—d Gentrie of this Kingdom however it dispersed among the Vulgar nor was it likely so suddenly to taint the major part of both Houses as that they should unanimously desire and affect so enormous and dangerous Innovations in Church and State contrarie to their former education practice and judgment Not that I am ignorant how the choice of many Members was carried by much faction in the Countreys some thirsting after nothing more than a passionate revenge of what ever displeasure they had conceived against me my Court or the Clergie But all Reason bids me impute these sudden and vast desires of change to those few who armed themselves with the many-headed and many-handed Tumults No less doth Reason Honour and Safetie both of Church and State command me to chew such morsels before I let them down If the straitness of my Conscience will give me leave to swallow down such Camels of Sacrilege and Injustice both to God and man as others do they have no more cause to quarrel with me than for this that my throat is not so wide as theirs yet by Gods help I am resolved that nothing of passâ—on or peevishness or list to contradict or vanitie to shew my Negative power shall have any byass upon my judgment to make me gratifie my will by denying any thing which my Reason and Conscience commands me not Nor on the other side will I consent to more than Reason Iustice Honour and Religion perswade me to be for God's glorie the Churches good my peoples welfare and mine own peace I will studie to satisfie my Parliament and my people but I will never for fear or flatterie gratifie any Faction how potent soever for this were to nourish the Disease and oppress the bodie Although many mens loyaltie and prudence are terrified from giving me that free and faithfull counsel which they are able and willing to impart and I may want yet none can hinder me from craving of the couâ—sel of that mightie Counsellour who can both suggest what is best and incline my heart stedfastly to follow it It is now by these Propositions laid open to all men that the Cabalists of their business have with great cunning reserved themselves untill due preparations should be fitted for their grand Design to quarrel with the King for they having removed a troublesom Rub in their way the Law that they might undermine the very foundation of it a new power had been assumed to interpret and declare Laws by extemporary Votes without any case judicially before them and without the King Orders and Ordinances pressing upon the peoples as Laws The next step an upstart Authority without the King to command the Militia the Magazine and Town of Hull and bestrid Hotham in his bold-faced Treason with unpresident Invectives against the Government with false Aspersions of His favouring a Rebellion in Ireland that the King ought to pasâ— all Laws offered by them to him however his Conscience shall be unsatisfied notwithstanding the clause in Law 2 H. 5. They do acknowledg there That it is of the Kings Regalitie to grant or denie such of their Petitions as pleaseth himself That the King's Guard is with intent to levie War against the Parliament to render him odious to the people They have so awed his good Subjects with censures and imprisonments that none
the Breaches of the State without the Ruines of the Church as I would be a Restorer of the one so I would not be an Oppressor of the other under the pretence of Publick Debts The Occasions contracting them were bad enough but such a discharging of them would be much worse I pray God neither I nor mine may be accessory to either And now dies Mr. Iohn Pym a Member of the House of Commons and a notable stickler for the Parliament he was ever observed to be an high Prebyterian in profession whose subtilty managed the most of their publick affair and ended his days when he had wrangled for the Mastery and left all in great doubt which party might overcome not without some regret and repentance they say that these Differences which he hatched should prove so desperate as he now too late fore saw would undo this Nation In the midst of May it was that Colonel Nath Fines Governour of the City of Bristol had discovered a Plot of the Inhabitants to betray the Town which after much Examination lighted upon Robert Yeomans and George Bourchier who had secretly provided themselves of Arms intending to kill the Centinels by night and possess the Main Guard whereby to master the greatest part of the other side within the Town to kill the Mayor and many others affected to the Parliament and by that means to betray the City to the Kings Forces which should lodg near hand for that purpose two miles off but the Plot pretended was discovered and those men condemned by a Council of War to be hanged This was known at Oxford whereupon the Kings Lord Lieut. of all his Forces the Lord Ruthen lately made Earl of Forth writes to the Governour of Bristol I having been informed that lately at a Council of War you have condemned to death Robert Yeomans late Sheriff of Bristol who hath his Majesties Commission for raising a Regiment for his Service William Yeomans his Brother George Bourchier and Edward Dacres all for expressing their loyalty to his Majesty and endeavouring his Service according to their Allegeance do therefore signifie to you that I intend speedily to put Mr. George Mr. Stevens Captain Huntley and others taken in Rebellion at Cirencester into the same condition I do further advise you that if you offer by that unjust Iudgment to execute any of them that those here in custodie must expect no favour or mercie At Oxford May 16. 1643. To the Commander in chief of the Council of War in Bristol Forth The Answer comes from the Governour Colonel Nathaniel Fines and the Council of War at Bristol in effect That if you shall not make distinction between Souldiers of Arms and secret Spies and Conspirators we will not onely proceed against them but others and if by any inhumane and unsouldierlike Sentence you shall execute those persons you named then Sir Walter Pye Sir William Crofts and Colonel Connesby and others whom we have here in custodie must expect no favour or mercie May 18. 1643. Nath. Fines President c. To Patrick Earl of Forth Lord Lieutenant General And so notwithstanding the Kings Letter also to the Mayor and Citizens in their behalf Yeomans and Bourchier were hanged May 30. There was a Plot discovered at London the last of May against the Cities of London and Westminster and by consequence the whole Parliament the chief of the Conspiracy were Mr. Waller a Member of the House of Commons Mr. Tomkins his Brother in Law and lately Clerk of the Queens Council Mr. Chaloner Mr. Hasel Mr. Blinkhorn Mr. White and others As for the Plot we have ravelled into the search of the truth but must take it from the Parliaments Declaration That they should seize into their custodie the Kings Children some Members of the Parliament the Lord Mayor and Committee of Militia all the Cities Out-works and Forts the Tower of London and all the Magazines Then to let in the Kings Forces to surprize the Citie and destroy all Opposers and to resist all payments of Taxes And much heartened they were by a Commission of Array sent from Oxford at that time and brought secretly by the Lady Aubigne Daughter to the Earl of Suffolk Widow of the late Lord Aubigne wounded at Edg-hill and died at Oxford the thirteenth of Ianuary This Commission was directed to Sir Nicholas Crisp and divers others This Plot was discovered the last of May. They were arreigned in publick at Guild-hall and all those four named condemned onely Tomkins and Chaloner executed the first 〈…〉 Door in Holborn the other in Corn-hill but the chief Conspirator Waller was by General Essex reprieved imprisoned a twelve-moneth in the Tower and after for a Fine of ten thousand pounds pardoned and for shame sent to travel into France The reason is much studied for satisfying the World why he the chief Actor the other but brought in by the by should receive such partial Justice because he was ingenious and confessed all and Mr. Pym had engaged his promise for his Life but certainly the most evident Reason is very apparent his great Sum of Money paid down and belike his ample confession of the particulars which the other at their death did not acknowledg Iuly 5. The Parliament having been put to it in want of the great Seal of England now at Oxford for confirmation of their Acts and Ordinances it had been oftentimes disputed and committed the making of another Seal for the use of the Parliament yet deferred the times not â—itted for so great a business the renewing of the Treaty being offered at on both sides But now the Parliament pass four Votes 1. That it is necessary the Great Seal to attend the Houses 2. That there hath been a failer of it at this Parliament 3. Much prejudice to the King Parliament and Kingdom 4. That the Houses ought to provide a Remedie thereof for the time to come Afterwards they made an Order That if the Lord Keeper Littleton upon Summons did not return with the great Seal within fourteen days he should lose his Place and whatever should be sealed therewith by him after that time should be null and vacate in Law A worthy Member desired the Serjeant at Law that ordered the Ordinance not to wade too far in the business before he did consult the Statute of 25 Edward 3. where Counterfeiting the Great Seal is declared high Treason To which the Serjeant replied That he purposed not to counterfeit the old Seal but to make a new Indeed the Parliament being the highest Court and Council had shewn their legislative power by passing Ordinances without the Kings assent to binde the Subject in the exercise of the Militia and that there wanted nothing but the executive part with a Great Seal for the administring justice in all Courts of Law and Equity which would sufficiently declare their power in all necessary Incidents of that supreme Council That since inferiour Courts had their proper Seals the
which some men use in their speeches and Expresses I wish my Subjects had yet a clearer sight into my most retired thoughts Where they might discover how they are divided between the love and care I have not more to preserve my own Rights then to procure their Peace and Happiness and that extream grief to see them both Deceived and Destroyed Nor can any mens malice be gratified further by my Letters then to see my constancy to my Wife the Laws and Religion Bees will gather Hony where the Spider sucks Poison That I endeavour to avoid the pressures of my Enemies by all fair and just correspondencies no man can blame who loves me or the Common-wealth since my Subjects can hardly be happy if I be miserable or enjoy their Peace and Liberty while I am oppressed The world may see how some mens design like Absolom's is by enormous actions to widen differences and to exasperate all sides to such distances as may make all reconciliation desperate Yet I thank God I cannot only with Patience bear this as other indignities but with Charity forgive them The integrity of my intentions is not jealous of any injury my expressions can do them for although the confidence of privacy may admit greater freedom in writing such Letters which may be liable to envious exceptions yet the Innocencie of my chief purposes cannot be so stained or mis-interpreted by them as not to let all men see that I wish nothing more then an happy composure of differences with Iustice and Honour not more to my own then my Peoples content who have any sparks of Love or Loyalty left in them who by those my Letters may be convinced that I can both minde and act mine own and my Kingdoms Affairs so as becoms a Prince which mine Enemies have alwayes been very loth should be believed of me as if I were wholly confined to the Dictates and Directions of others whom they please to brand with the names of Evil Counsellors It 's probable some men will now look upon me as my own Counsellor and having none else to quarrel with under that notion they will hereafter confine their anger to my self Although I know they are very unwilling I should enjoy that Liberty of my own Thoughts or follow that light of my own Conscience which they labour to bring into an absolute captivitie to themselves not allowing me to think their Counsels to other then good for me which have so long maintained a War against me The Victory they obtained that day when my Letters became their prize had been enough to have satiated the most ambitious thirst of Popular Glory among the Vulgar with whom prosperity gains the greatest esteem and applause as Adversitie exposeth to their greatest slighting and dis-respect As if good fortune were alwaies the shadow of Virtue and Iustice and did not oft'ner attend vitious and injurious actions as to this world But I see no secular advantages seem sufficient to that Cause which began with Tumults and depends chiefly upon the reputation with the Vulgar They think no Victories so effectual to their designs as those that most rout and wast my Credit with my People in whose hearts they seek by all meanes to smother and extinguish all sparks of Love Respect and Loialty to me that they may never kindle again so as to recover mine the Laws and the Kingdoms Liberties which some men seek to overthrow The taking away of my Credit is but a necessarie preparation to the taking away of my Life and my Kingdoms First I must seem neither fit to Live nor worthie to Reign by exquisite methods of cunning and cruelty I must be compelled first to follow the funerals of my Honour and then be destroied But I know Gods unerring and impartial Iustice can and will over-rule the most perverse wills and designs of men he is able and I hope will turn even the worst of mine Enemies thoughts and actions to my good Nor do I think that by the surprize of my Letters I have lost any more then so many Papers How much they have lost of that reputation for Civilitie and Humanitie which ought to be pai'd to all men and most becomes such as pretend to Religion besides that of Respect and Honour which they owe to their KING present and after-times will judg And I cannot think that their own Consciences are so stupid at not to inflict upon them some secret impressions of that shame and dishonour which attends all unworthy actions have they never so much of Publick flatterie and Popular countenance I am sure they can never expect the Divine Approbation of such indecent actions if they do but remember how God blessed the modest respect and filial tenderness which Noah's Sons bare to their Father nor did his open infirmitie justifie Cham's impudencie or exempt him from that curse of being Servant of Servants which curse must needs be on them who seek by dishonourable actions to please the Vulgar and confirm by Ignoble Acts their dependance upon the People Nor can their malitious intentions be ever either excusable or prosperous who thought by this means to expose me to the highest reproach and contempt of my People forgetting that Duty of modest concealment which they owed to the Father of their Country in case they had discovered any real uncomliness which I thank God they did not who can and I believe hath made me as he did David more respected in the hearts of many to whom they have thought by publishing my private Letters to have rendered me as a vile Person not fit to be trusted or considered under any notion of Majesty And concerning which Letters the King writes to Secretary Nicholas Though I could have wished the Parliaments paines had been spared in printing of them yet I will neither deny that those things are untrue which they have set out in my Name nor as a good Protestant or honest man blush for those Papers Indeed as a discreet man I will not justifie my self and yet I would fain know him who would be willing that the freedom of all his private Letters were publickly seen as mine have now been However so that one clause be rightly understood I care not much so the rest take their fortune It is concerning the Mungril Parliament The truth is that the Earl of Sussex his Factiousness at that time put me somewhat out of my patience which made me freely vent my displeasure against those of his party to my Wife and the intention of that phrase was that his faction did what they could to make it come to that by their raising and Fomenting base propositions This is clearly evidenced by my following Excuse to her for suffering those people to trouble her the occasion being to eschew those greater Inconveniences which they had and were more likely to cause here then there So much to his Secretary And in his Declaration concerning some of those Letters It is further
without the House of Lords We the Commons c. remembering that in the beginning of this War divers Protestations Declarations Suggestions c. were spread abroad by the King whereby the sincere Intentions of the Parliament for the publick good were mis-represented and so no need of a present War which is otherwise apparant by discoverie of the Enemies secrets and Gods immediate Blessings and Successes upon the Parliaments affairs and which Mistakes for some time had blemished the justice of this cause that if the Enemie had prevailed how dangerous the consequence would have been is now apparant And now notwithstanding Gods blessing on all our Endeavours Forces and Armies c. there are still the same spirits though under Disguise putting false constructions upon what hath already passed the Parliament as upon the thing under present Debate begetting a belief That we now desire to swerve from our first grounds aims and principles in the undertaking this War to recede from the solemn League and Covenant and Treaties between us and Scotland and that we would prolong these uncomfortable Troubles and bleeding Distractions to alter the fundamental constitution and frame of this Kingdom to leave all Government of the Church loose and unsetled and our selves to exercise the same arbitrary power over the persons and estates of the Subjects which this present Parliament thought fit to abolish by taking away the Star-chamber High Commission and other arbitrary Courts and the exorbitant power of the Council Table All which c. though our former actions are the best Demonstrations of our faithfulness to the publick yet if mis-believed may involve us into new Imbroilments We do declare our Endeavours are to setle Religion according to the Covenant to maintain the fundamental Rights of the Kingdom the Liberties of the Subject to desire a well-grounded peace in the three Kingdoms c. In effect Concerning Church-government we having so fully declared for a Presbyterial Government having spent so much pains taken up so much time for setling of it passed most of the particulars brought to us from the Assemblie of Divines called onely by us to advise of such things as shall be required of them by the Parliament and having published several Ordinances for putting the same in execution because we cannot consent to the granting of an arbitrary and unlimited power and jurisdiction to near ten thousand Iudicatories to be erected within this Kingdom and this demanded in a way inconsistent with the Fundamentals of Government excluding the power of Parliaments in the exercise of that Iurisdiction nor have we yet resolved how a due regard may be had that tender consciences which differ not in any Fundamentals in Religion may be so provided for as may stand with the Word of God and the peace of the Kingdom And let it be observed that we have had the more reason not to part with the power out of our hands since all by-past Ages manifest that the Reformation and purity of Religion and the preservation and protection of the people hath been by Parliament and the exercise of this power our Endeavours being to setle the Reformation in these Kingdoms of England and Ireland in Doctrine Worship Discipline and Government according to the Word of God and the Example of the best Reformed Churches and according to our Covenant Concerning a peace which is the right end of a just VVar to that purpose both Houses of Parliament have framed several Propositions to be sent to the King such as they hold necessary for the present and future safety of this Kingdom some of which are transmitted to our Brethren of Scotland where they now remain whose consent we doubt not to obtain since the Parliament of England is and ought to be sole and proper Iudg for the good of this Kingdom wherein we are so far from altering the fundamental constitution and Government of this Kingdom by King Lords and Commons that we onely have desired that by the consent of the King such powers may be setled in the two Houses to prevent a second and more destructive VVar not judging it wise or safe for the pretended power of the Militia in the King to have any authoritie in the same for the future introducing an arbitrary Government over this Nation and protecting Delinquents by force from the justice of Parliaments the chiefest grounds of the Parliaments taking up Arms in this Cause We do declare we will not interrupt the ordinary course of Iustice nor intermeddle in cases of private interest And as the Parliament have already for the benefit of the people taken away the Court of Wards and Liveries and all Tenures in capite and by Knights Service so we will take special care for the peoples ease in Levies of Moneys and in reducing Garisons Lastly whereas both Nations have entered into a solemn League and Covenant and Treaties between us concluded which we shall and have duly performed that nothing be done to the prejudice of either of them presuming that the good people of England will not receive prejudicate opinions by any forced constructions of that Covenant which is only to be expounded by them by whose authority it was established in this Kingdom April 18. But in great regret the Parliament order that the Preface to the Pamphlet intituled The Scots Commissioners Papers and the stating of the Question about the Propositions of Peace was this day burnt by the Hangman April 21. At length of time the eleventh of Iuly the tedious Propositions are finished and sent to the King by the Committee Earl of Pembroke and Montgomery and the Earl of Suffolk Mr. Goodwin Sir Iohn Hippesley Mr. Robinson and Sir Walter Earl The Propositions in general are these 1. That his Majesty would pass an Act for the Nulling of all Oaths Declarations and Proclamations against the Parliament of England of Scotland their Ordinances or their Adherents 2. The King to swear and sign the Covenant and an Act for the three Kingdoms to swear unto 3. An Act to take away Bishops and their Dependents 4. To confirm by Act the Assembly of Divines at Westminster 5. To settle Religion as the Parliament shall agree 6. In unity and uniformity with Scotland as shall be agreed upon by both Parliaments 7. An Act to be confirmed against Papists 8. Their Childâ—en to be educated in the Protestant Religion 9. And for Levies against their Estates 10. Against saying of Mass in this Kingdom 11. And in Scotland if they think fit 12. For observation of the Lords Day against Pluralities Non-Residents and for Regulating the Universities 13. That the Militia of England Ireland and Wales by Sea and Land be in the hands of the Parliament for twenty years and the like for Scotland and to raise Moneys for the same and to suppress all Forces raised in that time without their authority against all foreign Invasion Provided that the City of London may enjoy their Privileges to raise and imploy their
be utterly against the Libertie of their King what they demand for their own Consciences they cannot in reason denie to mine In this they seem more ingenious then the Presbyterian rigor who sometimes complaining of exacting their conformitie to Laws are become the greatest Exactors of other mens submission to their novel injunctions before they are stamped with the Authority of Laws which they cannot well have without my consent 'T is a great argument that the Independents think themselves manumitted from their Rival's service in that they carry on a business of such consequence as the assuming my person into the Armies custodie without any Commission but that of their own will and power Such as will thus adventure on a King must not be thought over-modest or timorous to carry on any design they have a minde to The next motion menace's and scares both the two Houses and the City which soon after acting over again that former part of Tumultuarie motions never questioned punished or repented of must now suffer for both and see their former sin in the glass of the present terrors and distractions No man is so blinde as not to see herein the hand of Divine Iustice they that by Tumults first occasioned the raising of Armies must now be chastened by their own Armie for new Tumults So hardly can men be content with one sin but add sin to sin till the later punish the former such as were content to see me and many Members of both Houses driven away by the first unsuppressed Tumults are now forced to flie to an Armie or defend themselves against them But who can unfold the riddle of some mens justice The Members of both Houses who at first withdrew as my self was forced to do from the rudeness of the Tumults were counted Desertors and outed of their places in Parliament such as staied then and enjoyed the benefit of the Tumults were asserted for the only Parliament men Now the fliers from and forsakers of their places carry the Parliamentary power along with them complain highly against the Tumults and vindicate themselves by an Army Such as remained and kept their Stations are looked upon as Abettors of Tumultuarie Insolencies and Betraiers of the Freedom and honour of Parliament Thus is Power above all Rule Order and Law where men look more to present Advantages then their Consciences and the unchangeable Rules of Iustice while they are Iudges of others they are forced to condemn themselves Now the plea against Tumults holds good the Authors and Abettors of them are guilty of prodigious insolencies when as before they were counted as Friends and necessary Assistants I see Vengeance pursues and overtakes as the Mice and Rats are said to have done a Bishop in Germany them that thought to have escaped and fortified themselves most impregnably against it both by their multitude and compliance Whom the Laws cannot God will punish by their own crimes and hands I cannot but observe this divine Iustice yet with sorrow and pitie for I alwaies wished so well to the Parliament and City that I was sorry to see them doe or suffer any thing unworthy such great and considerable bodies in this Kingdom I was glad to see them only scared and humbled not broken by that shaking I never had so ill a thought of those Cities as to despair of their Loyalty to me which mistakes might Eclipse but I never believed malice had quite put out I pray God the storm be yet wholly passed over them upon whom I look as Christ did sometime over Jerusalem as Objects of my praiers and tears with compassionate grief fore-seeing those severer scatterings which will certainly befall such as wantonly refuse to be gathered to their duty fatall blindeness frequently attending and punishing wilful so that men shall not be able at last to prevent their sorrows who would not timely repent of their sins nor shall they be suffered to enjoy the comforts who securely neglect the counsels belonging to their peace They will finde that Brethren in iniquitie are not far from becoming insolent enemies there being nothing harder then to keep ill men long in one minde Nor is it possible to gain a fair period for those Notions which go rather in a round and circle of phansie then in a right line of Reason tending to the Law the onely Center of publick consistencie whither I pray God at last bring all sides Which will easily be done when we shall fully see how much more happy we are to be subject to the known Laws then to the various Wills of any men seem they never so plausible at first Vulgar compliance with any illegal and extravagant waies like violent motions in nature soon grows wearie of it self and ends in a refractory sullenness Peoples rebounds are oft in their faces who first put them upon those violent strokes For the Army which is so far excusable as they Act according to Souldiers Principles and interests demanding Pay and Indempnitie I think it necessarie in order to the publick peace that they should be satisfied as far as is just no man being more prone to consider then my self though they have fought against me yet I cannot but so far esteem that valour and gallantrie they have sometime shâ—wed as to wiâ—h I may never want such men to maintain my self my Laws and my Kingdoms in such a Peace as wherein they may enjoy their share and proportion as much as any men The King had made a suit to the Parliament to vouchsafe him the comfort of seeing his Chrildren at Syon as he passed towards Windsor but was not admitted He being now at Causam the Lord Cravens House made his case known to the General who resents it so much that he Writes to the Speaker of the Commons House and the same to the Lords And answered the Parliaments Exceptions because the Duke of Richmond and two of the Kings Chaplains had access to him Mr. Speaker I was sent unto by the King on Friday last to desire the Parliament to give way to him to see his Children and that they might for that purpose be sent unto him If I may be bold humbly to offer my Opinion I think the allowance of such a thing may be without the least prejudice to the Kingdom and yet gain more upon his Majestie than denying it And if it be in the prayers of everie good man that his heart may be gained the performance of such Civilities to him is verie sutable to those desires and will bear well with all men who if they can imagine it their own case cannot but be sorry if his Majesties natural afâ—ection to his Children in so small a thing shall not be complyed with And if any question should be concerning the assurance of their return I shall ingage therein within what time the Parliament shall limit Upon this occasion give me leave I beseech you to take notice of some Reports spread abroad as if my self
hath over them who knows them to be exposed to as many dangers being the greatest Patrons of Law Justice Order and Religion on earth as there be either men or Devils which love confusion Nor will he suffer those men long to prosper in their Babel who build it with the bones and cement it with the bloud of their Kings I am confident they will finde Avengers of my death among themselves the injuries I have susteined from them shall be first punished by them who agreed in nothing so much as in opposing me Their impatience to bear the loud cry of my bloud shall make them think no way better to expiate it then by shedding theirs who with them most thirsted after mine The sad confusions following my destruction are already presaged and confirmed to Me by those I have lived to see since my troubles in which God alone who only could hath many waies pleaded my cause not suffering them to go unpunished whose confederacie in sin was their only security who have cause to 〈◊〉 that God will both further divide and by mutual vengeance afâ—â—â—ward destroy them My greatest conquest of death is from the power and love of Christ who hath swallowed up death in the victory of his Resurrection and the glory of his Ascension My next comfort is that he gives me not only the honour to imitate his example in suffering for righteousness-sake though obscured by the â—oulest charges of Tyranny and Injustice but also that charity which is the noblest revenge upon and victory over my Destroyers by which I thank God I can both forgive them and pray for them that God would not impute my bloud to them further then to convince them what need they have of Christs bloud to wash their souls from the guilt of shedding mine At present the will of my enemies seems to be their only rule their power the measure and their success the exactor of what they please to call Justice while they flatter themselves with the Fancy of their own safety by my danger and the security of their lives and designs by my death forgetting that as the greatest temptations to sin are wrapped up in seeming prosperities so the severest vengeances of God are then most accomplished when men are suffered to complete their wicked purposes I bless God I pray not so much that this bitter cup of a violent death may pass from me as that of his wrath may pass from all those whose hands by deserting me are sprinkled or by acting and consenting to my death are embrewed with my bloud The will of God hath confined and concluded mine I shall have the pleasure of dying without any pleasure of desired vengeance This I think becomes a Christian toward his enemies and a King toward his Subjects They cannot deprive me of more then I am content to lose when God sees fit by their hands to take it from me whose mercy I believe will more then infinitely recompense what ever by mans injustice he is pleased to deprive me of The glory attending my death will far surpass all I could enjoy or conceive in life I shall not want the heavy and envied Crowns of this world when my God hath mercifully crowned and consummated his graces with glory and exchanged the shadows of my earthly Kingdoms among men for the substance of that heavenly Kingdom with himself For the censures of the world I know the sharp and necessary Tyranny of my destroyers will sufficiently confute the Calumnies of Tyranny against me I am perswaded I am happy in the judicious love of the ablest and best of my Subjects who doe not only pitty and pray for me but would be content even to dye with me or for me These know how to excuse my failings as a man and yet to retain and pay their duty to me as their King there being no Religious necessity binding any Subjects by pretending to punish infinitely to exceed the faults and errors of their Princes especially there where more then sufficient satisfaction hath been made to the publick the enjoynment of which private ambitions have hitherto frustrated Others I believe oâ—â—ofter tempers and less advantaged by my ruine do already feel sharp convictions and some remorse in their consciences where they cannot but see the proportions of their evil dealings against me in the measure of Gods retaliations upon them who cannot hope long to enjoy their own thumbs and toes having under pretence of pairing others nailes been so cruel as to cut off their chiefest strength The punishment of the more insolent and obstinate may be like that of Korah and his complices at once mutining against both Prince and Priest in such a method of divine justice as is not ordinary the earth of the lowest and meanest people opening upon them and swallowing them up in a just disdain of their ill-gotten and worse used Authority upon whose support and strength they chiefly depended for their building and establishing their designs against me the Church and State My chiefest comfort in death consists in my peace which I trust is made with God before whose exact Tribunal I shall not fear to appear as to the cause so long disputed by the Sword between me and my causeless enemies where I doubt not but his righteous judgment will confute their fallacy who from wordly success rather like Sophisters then sound Christians draw those popular conclusions for Gods approbation of their actions whose wise providence we know oft permits many events which his revealed word the only clear safe and fixed Rule of good actions and good consciences in no sort approves I am confident the Justice of my Cause and clearness of my conscience before God and towards my people will carry me as much above them in Gods decision as their successes have lifted them above me in the vulgar opinion who consider not that many times those undertakings of men are lifted up to Heaven in the prosperiry and applause of the world whose rise is from Hell as to the injuriousness and oppression of the design The prosperous windes which oft fill the sails of Pirats do not justifie their Piracie and rapine I look upon it with infinite more content and quiet of soul to have been worsted in my enforced contestation for and vindication of the Laws of the Land the freedom and honour of Parliaments the Rights of my Crown the just liberty of my Subjects and the true Christian Religion in its Doctrine Government and due encouragements then if I had with the greatest advantages of success over-born them all as some men have now evidently done what ever designs they at first pretended The prayers and patience of my friends and loving Subjects will contribute much to the sweetning of this bitter Cup which I doubt not but I shall more chearfully take and drink as from Gods hand if it must be so then they can give it to me whose hands are unjustly and barbarously lifted up against me And