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A26767 Elenchus motuum nuperorum in Anglia, or, A short historical account of the rise and progress of the late troubles in England In two parts / written in Latin by Dr. George Bates. Motus compositi, or, The history of the composing the affairs of England by the restauration of K. Charles the second and the punishment of the regicides and other principal occurrents to the year 1669 / written in Latin by Tho. Skinner ; made English ; to which is added a preface by a person of quality ... Bate, George, 1608-1669.; Lovell, Archibald.; Skinner, Thomas, 1629?-1679. Motus compositi. 1685 (1685) Wing B1083; ESTC R29020 375,547 601

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intersint ad consentiendum his quae tum ibidem de communi concilio Regni nostri Divinâ favente clementiâ contigerit ordinari Teste Meipso c. The ancient form of the Writ to the Peers The Kings Writ to the Nobles or Peers runs thus CHARLES by the grace of God c. to the most Reverend Father in Christ if it speaks to any of the Bishops to Our Cousin if it is addressed to any Duke Marquess or Earl To our Beloved and Faithful if to a Baron Whereas by the advice of Our Council We have ordained that Our Parliament shall be holden at Westminster c. for the dispatch of certain difficult and urgent Affairs concerning or pertaining to Us and the State and Defence of Our Kingdom of England and of the Church of England and there to hold a Colloquy and Treat with you and with the rest of the Prelates Great men and Nobles of Our said Kingdom of England Therefore We by the Fidelity and Love if the Writ be sent to the Bishops by the Fidelity and Allegiance if to any of the Peers which you owe to Us streightly injoyning command you that in consideration of the difficulty of the aforesaid Affairs and of the Dangers impending laying aside all Excuses at the day and place aforesaid you personally appear to treat with Us together with the rest of the Prelates Great men and Nobles concerning the Affairs aforesaid and thereupon give Us your counsel And this you are not to omit as you love Us and Our Honour and the Safety of Our said Kingdom and the expedition of the said Affairs And if the Writ be directed to a Bishop it goes on further thus And you are to forewarn the Dean and Chapter of your Church and all the Clergy of your Diocess that the said Dean and the Archdeacons be personally present and the said Chapter by one and the said Clergy by two sufficient Procurators having full and sufficient power from the said Chapter and Clergy at the day and place aforesaid to Consent to those things which then and there by the favour of the divine Clemency shall happen to be ordained by the Common Council of Our Kingdom Witness my self c. Ad Communes seu Inferioris Confessus Senatores Aliud Rescriptum ad Vicecomites Praesides Civitatum seu Municipiorum conceptis hisce verbis ità se habet Rex Vicecomiti salutem Quia de advisamento assensu Concilii nostri c. progreditur ut superius ibidem cum Praelatis Magnatibus Proceribus Regni nostri Colloquium habere tractatum Tibi praecipimus firmiter injungentes quòd factâ Proclamatione in Comitatu tuo post receptionem hujus Brevis nostri Parliamenti tenendi die loco praedictis duos Milites gladiis cinctos magis idoneos discretos Comitatûs praedicti de qualibet Civitate Comitatûs illius duos Cives de quolibet Burgo duos Burgenses de discretioribus magìs sufficientibus liberè indifferenter per illos qui Electioni huic interfuerint juxta formam Statutorum indè edictorum provisorum eligi nomina eorundem Militum Civium Burgensium in quibusdam Indenturis inter te illos qui hujusmodi Electioni interfuerint conficiendis sive hujusmodi electi praesentes fuerint sive absentes inseri eósque ad dictum diem locum venire facies Ità quòd iidem Milites plenam sufficientem potestatem pro se Communitate praedicti Comitatûs ac dicti Cives Burgenses pro se Communitatibus Civitatum Burgorum praedictorum divisim ab ipsis habeant ad faciendum consentiendum his quae tum ibidem de communi Concilio Regni nostri favente Deo contigerit ordinari super negotiis antè dictis ità nè pro defectu potestatis hujusmodi seu propter improvidam Electionem Militum Civium aut Burgensium praedictorum praedicta negotia infecta maneant quovis modo Nolumus tamen quòd tu nec aliquis alius Vicecomes dicti Regni nostri aliqualiter sit electus To the Members of the House of Commons Another Writ directed to the Sheriffs and Chief Magistrates of Cities and Corporations runs thus The King to the Sheriff greeting Whereas by the Advice and Assent of Our Council c. as before then and there to hold a Colloquy and Treaty with Our Prelates Great men and Nobles of Our Kingdom c. We command and streightly injoyn you that a Proclamation being made in your County Court after the receipt of this Our Writ concerning Our Parliament to be holden at the day and place aforesaid you do cause two Knights of the most fitting and discreet of your County aforesaid and of every City in the said County two Citizens and of every Burrow or Corporation two Burgesses of the most discreet and sufficient to be freely and indifferently chosen according to the form of the Statutes in that case made and provided by those who shall be then present at the said Election and you are also to insert the names of the said Knights Citizens and Burgesses whether the persons so elected be present or absent in certain Indentures to be made betwixt you and those who shall be present at the said Election and you shall cause them to appear at the day and place aforesaid so as the said Knights have full and sufficient power for themselves and the Community of the aforesaid County and the said Citizens and Burgesses for themselves and the Communities of the said Cities and Corporations severally to do and consent to those things which by the favour of God shall by the Common Council of Our Kingdom be ordained concerning the Affairs aforesaid so that by the want of such Power or by the improvident Election of the Knights Citizens or Burgesses aforesaid the Affairs aforesaid be not in any way left unfinished undispatched Yet We will not that you or any other Sheriff of Our said Kingdom be by any means elected These things being punctually performed according to exactness of Law the Members in a solemn and splendid Procession such as may imprint an Awe and Reverence in the minds of the People go first to Church and then to the Parliament-house And at that time the King coming into the House of Lords and having called up the Members of the House of Commons either speaks to them himself or causes the Lord Chancellor to declare to them the weighty causes of their meeting and what it is he would have them consult and deliberate about for the Publick Good The King is not obliged afterward unless he please to be present at their Consultations except at the end of a Session that he may give the strength and vigour of a Law to their Bills The Knights and Burgesses of the Lower House have severally the Oath of Allegiance administred unto them by one appointed for that effect by the King which amongst other things
be a sufficient Conviction of Popish Recu●ancy An Act or Acts of Parliament for Education of the Children of Papists by Protestants in the Protestant Religion VIII An Act or Acts for the true Levie of the Penalties against them which Penalties to be levied and disposed in such manner as both Houses shall agree on wherein to be provided that his Majesty shall have no loss IX That an Act or Acts be passed in Parliament whereby the practices of Papists against the State may be prevented and the Laws against them duly executed and a stricter course taken to prevent the Saying or Hearing of Mass in the Court or any other part of this Kingdom or the Kingdom of Ireland The like for the Kingdom of Scotland concerning the four last preceding Propositions in such manner as the Estates of the Parliament there shall think fit X. That the King do give his Royal assent to an Act for the due observation of the Lords Day XI And to the Bill for the suppression of Innovasions in Churches and Chappels in and about the Worship of God XII And for the better advancement of the preaching of Gods holy Word in all parts of this Kingdom XIII And to the Bill against the enjoying the pluralities of Benefices by Spiritual Persons and Non-Residency XIV And to an Act to be framed and agreed upon by both Houses of Parliament for the reforming and regulating of both Universities of the Colledges of Westminster Winchester and Eaton XV. And to such Act or Acts for raising of Moneys for the payment and satisfying of the publick Debts and Damages of the Kingdom and other publick uses as shall hereafter be agreed on by both Houses of Parliament and that if the King do not give his Assent thereunto then it being done by both Houses of Parliament the same shall be as valid to all intents and purposes as if the Royal Assent had been given thereunto The like for the Kingdom of Scotland And that his Majesty give assurance of his consenting in the Parliament of Scotland to an Act acknowledging and ratifying the Acts of the Convention of Estates of Scotland called by the Council and Conservers of the Peace and the Commissioners for the common Burthens and assembled the two and twentieth day of June 1643. and several times continued since and of the Parliament of that Kingdom since convened XVI That the Lords and Commons in the Parliament of England assembled shall during the space of twenty years from the first of July 1646. arm train and discipline or cause to be armed trained and disciplined all the Forces of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Guernsey and Jersey and the Town of Barwick upon Tweed already raised both for Sea and Land-service and shall from time to time during the said space of twenty years raise levy arm train and discipline or cause to be raised levied armed trained and disciplined any other Forces for Land and Sea-service in the Kingdoms Dominions and places aforesaid as in their Judgments they shall from time to time during the said space of twenty years think fit and appoint and that neither the the King his Heirs or Successors nor any other but such as shall act by the authority or approbation of the said Lords and Commons shall during the said space of twenty years exercise any of the Powers aforesaid And the like for the Kingdom of Scotland if the Estates of the Parliament there shall think fit That Moneys be raised and levied for the maintenance and use of the said Forces for Land-service and of the Navy and Forces for Sea-service in such sort and by such ways and means as the said Lords Commons shall from time to time during the said space of twenty years think fit and appoint and not otherwise That all the said Forces both for Land and Sea-service so raised or levied or to be raised or levied and also the Admiralty and Navy shall from time to time during the said space of twenty years be employed managed ordered and disposed by the said Lords and Commons in such sort and by such ways and means as they shall think fit and appoint and not otherwise And the said Lords and Commons during the said space of twenty years shall have power 1. To suppress all Forces raised or to be raised without authority and consent of the said Lords and Commons to the disturbance of the publick Peace of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Guernsey and Jersey and the Town of Barwick upon Tweed or any of them 2. To suppress any foreign Forces who shall invade or endeavour to invade the Kingdoms of England and Ireland Dominion of Wales the Isles of Guernsey and Jersey and the Town of Barwick upon Tweed or any of them 3. To conjoyn such Forces of the Kingdom of England with the Forces of the Kingdom of Scotland as the said Lords and Commons shall from time to time during the said space of twenty years judge fit and necessary To resist all foreign Invasions and to suppress any Forces raised or to be raised against or within either of the said Kingdoms to the disturbance of the publick Peace of the said Kingdoms or any of them by any authority under the Great Seal or other Warrant whatsoever without consent of the said Lords and Commons of the Parliament of England and the Parliament or the Estates of the Parliament of Scotland respectively And that no Forces of either Kingdom shall go into or continue in the other Kingdom without the advice and desire of the said Lords and Commons of the Parliament of England and the Parliament of the Kingdom of Scotland or such as shall be by them appointed for that purpose And that after the expiration of the said twenty years neither the King his Heirs or Successors or any person or persons by colour or pretence of any Commission Power Deputation or Authority to be derived from the King his Heirs or Successors or any of them shall raise arm train discipline employ order mannage disband or dispose any of the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Guernsey and Jersey and the Town of Barwick upon Tweed Nor exercise any of the said Powers or Authorities in the precedent Articles mentioned and expressed to be during the said space of twenty years in the said Lords and Commons Nor do any act or thing concerning the execution of the said Powers or Authorities or any of them without the consent of the said Lords and Commons first had and obtained That after the expiration of the said twenty years in all cases wherein the Lords and Commons shall declare the safety of the Kingdom to be concerned and shall thereupon pass any Bill or Bills for the raising arming training disciplining employing mannaging ordering or disposing of the Forces by Sea or Land of the Kingdoms
and the Officers of the Army to the Mayor and Common-Council of London and to Montague Admiral of the Fleet. Which were received with so universal a Joy and Applause that the Parliament forthwith ordained him to be proclaimed KING in the City and all over England with the accustomed Solemnities having made a Proclamation to this purpose Although it can no way be doubted but that his Majesties Right and Title to these Crowns and Kingdoms is and was every way compleat by the death of his most Royal Father of glorious memory without the ceremony or solemnity of a Proclamation yet since Proclamations in such cases have been always used to the end that all good Subjects might upon this occasion testifie their duty and respect and since the armed violence and other the Calamities of many years last past have hitherto deprived us of any opportunity wherein we might express our Loyalty and Allegiance to his Majesty We therefore the Lords and Commons now assembled in Parliament together with the Lord Mayor Aldermen and Common-Council of the City of London and other Freemen of this Kingdom now present do according to our Duty and Allegiance heartily joyfully and unanimously acknowledge and proclaim That immediately upon the decease of our late Soveraign King CHARLES the First the Imperial Crown of the Realm of England and of all the Kingdoms Dominions and Rights belonging to the same did by inherent Birth-right and lawful undoubted Succession descend and come to his most Excellent Majesty King CHARLES the Second as being lineally justly and lawfully next Heir of the Bloud-Royal of this Realm and that by the goodness and providence of Almighty God he is of England Scotland and Ireland the most potent mighty and undoubted King And thereunto we most humbly and faithfully do submit and oblige our selves our Heirs and Posterities The King being proclaimed throughout the City with the joyful shouts and acclamations of all and all things being prepared for his reception both Houses of Parliament appointed an honourable body of Commissioners to be sent to the King with their Letters all men of great Quality and Birth Obery Earl of Oxford Charles Earl of Warwick Lionel Earl of Middlesex and Hereford Viscount of Leicester the Lords Berkley and Brooks for the Lords The House of Commons chose Fairfax Bruce Falkland Castletown Herbert Mandiville all Lords Ashley-Cooper Townsend Booth Holland Chumley and Hollis Knights Who besides Letters carried Instructions with them humbly to beg that his Majesty would be pleased to hasten his long wished-for return into England And because they knew that the Exchequer of their exiled King could not be very full they order them to carry him a Present of fifty thousand Pieces of Gold and also ten thousand to the Duke of York and five to the Duke of Gloucester Clerges a person in great favour with the King carried General Monk's and the Armies Submission and Letters The City of London also sent twenty Commissioners chosen out of the Flower of the Citizens and the wealthy Citizens present the King and his Illustrious Brothers with twelve thousand pounds All things now succeeding beyond expectation Monk was secure in his fortune having so dexterously managed things with such innocent and harmless Arts defeated the Snares and Arms of the Parricides and procured the publick safety without bloud that the same Virtue of the General was both hated and admired whilst the praying Sectaries in vain called upon God who was not certainly the Lord of their Hosts now The Eleventh of May the Commissioners set sail from England and with all dutifulness waited upon the Kings Majesty at the Hague where they were gladly and kindly received by him Clarges had been with him before whom the King having first knighted sent back into England as a Messenger of his coming and having sent Letters to Monk full of expressions of good will and gratitude towards the General and Army he designed Dover for his place of landing In the mean time by the Kings command Admiral Montague since Earl of Sandwich came with the Fleet upon the Coast of Holland and waited for the King before Scheveling And now all things being in a readiness for his departure the best of Kings with the Dukes of York and Gloucester came on board the Admiral Thither they were attended by the Queen of Bohemia their Aunt their Sister the Princess of Orange and the young Prince their Nephew where after they had taken a glad Farewel with a joyful Huzza of the Sea-men they set sail Charles the Second now in possession of his Fleet the first Pledge of his Government which was speedily to waft him over to that of his Kingdoms with a prosperous Gale directs his course to Dover Monk having received Letters by Clarges accompanied with a numerous train of Nobility and Gentry hastened thither to welcome him on the shore and to pay Honour to that Virtue at home which he had reverenced at so great distance abroad So soon as the Fleet with full sail came in sight innumerable crouds of over-spied Spectators flocked to the shore and Sea-coast and to every other place from whence they might have any prospect being desirous to see and congratulate their restored Prince The Troubles of England Composed by his Majesties happy Restauration On the 25th of May amidst the roaring of all the Canon in the Fleet ecchoed and answered from the Castle and shore and which was a more glorious sound amidst the joyful and louder Acclamations of his Subjects AVGVST CHARLES landed at Dover with so much Piety Gravity and Gracefulness in his Countenance that he seemed to be come to pay his Vows to God the Protector of the Government His department shew'd no Vanity nor Pride but a mind rather above the reach of them yet capable of any fortune and so great was his Majesty in all his actions that he seemed more to deserve than to desire a Crown Here Monk falling upon his knees to welcome the King was by his Majesty embraced kissed and raised from the ground the rest of the Nobility having also performed their duty the same night the best of Kings advanced to Canterbury and next morning created Monk Knight of the honourable Order of the Garter the most illustrious Princes the Dukes of York and Gloucester putting the George about his neck Here the King spent Sunday and restored the service of the Church in the Metropolitan Church of England Setting forward from hence he lodged all night at Rochester and next day upon Black heath he viewed the Forces drawn up with much military pomp and splendour Forces heretofore onely brave in shedding of Civil Bloud whose Trophies and Triumphs were then disgraced with horrid Crimes but now upon the return of Charles loyally and deservedly triumphant The Regiments drawn up in a most lovely order made an Army worthy of King Charles The King having by the
67 infra Strafford Earl 21 23. His Tryal 24. T. Tryal of his Sacred Majesty K. Charles I. 144 Tumults and Riots 25 Tunnage and Poundage 18 V. Vote of Non-Addresses 95. Is rescinded 102. W. War its beginning 42 Wight Isle the Treaty there 102. inf The Kings Concessions there voted satisfactory 136. Writs of Summons to Parliament the form 7 ERRATA'S To the First Part. PAge 1. line 8. for to read of p. 66. l. 3. r. honour p. 67. l. 33. for shewing r. shew p. 74. l. 9. adde from p. 82. l. 2. r. muttering p. 102. l. 10. r. levitie p. 137. l. 23. adde who p. 159. l. 9. r. reported ibid. l. 11. r. harmonious p. 162. l. 2. r. bounds ibid. l. 11. r. Rectitude p. 163. l. 3. r. Charge To the Second Part. PAge 22. line 7. read Rathmeenes p. 27. l. 3. r. Arts p. 30. l. 21. r. Butler p. 48. l. 15. r. envied p. 58. l. 7. adde most p. 66. l. 31. adde for p. 67. l. 12. r. Execute p. 74. l. 26. r. Nor p. 87. l. penult dele are p. 96. l. 14. r. make p. 104. l. 35. r. hand p. 108. l. 28. r. Dirlton p. 121. l. 35. r. Massey p. 124. l. 1. r. Coming presently to blows at the Town of Wigan p. 125. l. 23. r. Keith p. 204. l. 35. r. obey To the Third Part. PAge 15. line 2. read retained p. 41. l. 1. r. farce p. 44 l. 14. r. Leicester Vicount Hereford p. 53. l. 29. r. Sollicitor-General p. 63. l. 23. r. Sir Richard Baker's p. 66. l. 16. r. Mounson p. 82. l. 29. r. Falmouth p. 86. l. 20. dele was p. 90. l. 2. r. fight A short HISTORICAL ACCOUNT OF THE Rise and Progress OF THE Late Troubles in England ENgland as all the Records of our Antiquity tell us never was governed but by the authority of a King and though it hath been divided into several Kingdoms or rather Camps yet it never had rest from intestine Commotions nor foreign Invasions till it came under the Obedience and Protection to one sole Monarch Since that it is now above a thousand years that Kings in a continued succession have reigned with supreme Authority in England And so great all along hath been the Love and Reverence that the People have had towards a Prince that he was always judged the fittest and most worthy of the Government who was next in Bloud to the King so that no factious Election but lawful Birthright could ever warrant a Title to the Crown The Royal Heir of the last King though an Infant is immediately carried to the Throne even in the Cradle And in this kind of immortality in reigning the Laws glory That the King of England never dies Nay and by the ancient common Law all Subjects above twelve years of age are bound by Oath to bear a peculiar Faith by the Laws called Allegiance to the lawful Prince to him alone and for ever even before he be crowned and that their Obedience may be confirmed upon a double account a religious Oath that of Supremacy is likewise to be taken to the King I must here beg the Readers pardon if in the very beginning I speak of the Kings Prerogative the Priviledges of Parliament and Liberties of the People which to our Country-men who have studied the point perhaps may be tedious though to the Work we now undertake it be absolutely necessary seeing thereby it will appear who have been the Violators and who the Observers of the Laws In the first place what great power the King has over the lives and fortunes of his Subjects is hereby made manifest that mediately or immediately they all hold their Estates of the King that is to say that whatever Lands and Possessions they enjoy in fee or feudal rights they owe them more to the bounty of the King than to Fortune And therefore all Estates failing of lawful Heirs or when the Owners forfeit them by Felony or Treason flow back to the Kings Exchequer as to the Ocean from whence they have been derived The King as Father of the Country has the care of the persons of Pupils and Lunaticks and enjoys their Rents and Revenues Nay by the ancient Laws it is not lawful for them to contract Marriage without his consent and if they do they are to be severely censured And that what is to be given to Caesar may be known by the publick Money the matter form manner and value of Coyn is varied according to the will and pleasure of the King All Honours Titles and Priviledges all publick Corporations and Societies flow from and are constituted by the Crown the Admiral Chancellor Treasurer Judges Sheriffs Justices of Peace are onely made by the King in whose name alone their Writs Warrants and Sentences pass nor does any of them enter into Office before he hath taken an Oath of Fidelity to the King and of faithful administration None but the King has power of Peace and War who orders Military Discipline according to his will and pleasure and not by the forms or prescripts of Laws and as he himself thinks fit disposes of the Forces both by Sea and Land it being necessary that he who watches for the safety of the Common-wealth should be invested with sufficient Power to repress intestine Seditions and repel foreign Invasions Upon that account it belongs onely to him to appoint Musters and Levies of Souldiers secure the Castles and Garisons with which maritim Fortifications England even in the profoundest time of Peace is no less secured than by the Seas as often as there is need also to fit out a Fleet and to set Governours and Commanders over both Nor is the Sword neither to be weilded by any other hand but that which sways the Scepter so that if any one without the Kings command take up Arms for the defence of the Kings Person and Rights he is by so doing guilty of High-Treason and liable to the punishment of a Traytor without a special Pardon from the King Nor is his Power more limited in Ecclesiastical than Civil affairs for since the authority of the Pope being shaken off the Church was made part of the Kingdom and the Clergy after long reluctancy began to be contented with the common priviledges of Subjects the King became at length Custos utriusque tabulae and as he ever was in right before so was he then acknowledged and confirmed by Law to be supreme Head and Governour in spiritual as well as temporal affairs and owned to be in a manner the Bishop of the Kingdom wherein in the promotion of Bishops conferring of Dignities appointing Fasts enjoyning Rites and Ceremonies in the Church he hath with the advice of the Fathers and Rulers of the Church always exercised a supreme and sacred Power and Authority He hath also so great power over the Laws themselves though he obliges himself to govern
according to Law that sometimes he moderates the rigour of the Law according to Equity pardons Malefactors and in cases that are not decided by any Law interposes his Imperial Sentence Lastly that I may assert nothing rashly but all upon the credit of Lawyers the life force and authority of every thing that is acted in England is to be found in the King alone But because the King of England has not like Briareus an hundred hands nor can he like the Sun view all things at one glance he hath been accustomed to create from amongst the Nobility Bishops Judges and Commons of the Kingdom without the envy and emulation of any such and so many Counsellors as he pleases to assist and ease him in the weighty care of the Government Having named these Prerogatives of a most August and Imperial Crown what shall I call that barbarous and inhumane Principle and Purpose of bringing the King to Judgment before the Kings Tribunal and then to smite him with the Sword which he alone is to draw the King I say whom the Law it self openly declares can never die There is no necessity of curbing arbitrary government by such inhumane Tyranny upon the sacred Person of the King since whatever may be done in the administration of the Government either against the Laws of the Country or inconsistent with the good and profit of the People the blame and punishment of it is cast upon the publick Ministers so that it was not flattery but the highest Justice which gave ground to this noted maxime That the King cannot err nor do any wrong because the whole blame and all the punishment is wont and ought to fall upon the publick Ministers and Counsellors whose duty it is to admonish the Prince and to deny their concurrence with him in any thing that is unjust and to resigne their place rather than obey him when he commands any thing contrary to Law Nay the Laws are so sollicitous for the safety of the Prince as of him who is to maintain and preserve the Law that the next Heir to the Crown whatsoever Crime he might be guilty or accused of whilst he was a private person yet by the death of his Predecessor as by a certain postliminious Absolution he is freed from all taint and guilt and his stepping up into the Throne purges him from all defects It is enough to curb him that holds the Reins of the Government That he must expect the Judgment of God Nevertheless it is not lawful for the King to rule arbitrarily in England oppress his Subjects or make and abrogate Laws by his sole Authority But as the Law allows a decorous administration of absolute Authority in some things to the King so does it assigne to the Commons others and those no inconsiderable Priviledges in the Kingdom in common with the King that so the joynt Authority in Government might the more easily engage the Subjects to obedience For for the making and repealing of Laws and the interpreting and explaining former ambiguous Statutes for raising of Money out of the ordinary course when there is occasion for it legitimating of Bastards naturalizing of Strangers altering and setling the Rights of Possessions confirming by civil Sanctions the Divine Worship after it hath by the Convention of the Clergy been formed according to the Word of God setting Rates upon Weights and Measures and the like that the people may not seem to suffer any thing without their own consent and concurrence the Votes of Parliament which is the supreme Court of England and in conjunction with the King under God hath a certain Omnipotence in this little World are necessarily required The Parliament is an Assembly of the States of the Kingdom consisting of the Bishops Lords and Representatives of the Commons called by the King who is the Head of it who meet and sit in two distinct places called the Upper and Lower Houses in respect of dignity not of scituation The Upper House which is called the House of Lords contains two Estates to wit the Spiritual Lords who are the Bishops and the Temporal who are Dukes Marquesses Earls and Barons the Judges of the Kingdom assisting to give advice in matter of Law but not to vote The Lower House consists of the third Estate of the Kingdom who are the Commons and is therefore called also the House of Commons they are chosen by the plurality of Voices of the Freeholders of the Counties and Freemen of Corporations two Knights for each County or Shire and two Burgesses for the most part for every City and Corporation-Town according to the use and custom of the place The day and place of the meeting of the Parliament is appointed by the King by him also it is prorogued transferred and adjourned to another place or dissolved at his pleasure The Peers are summoned to attend in Parliament by Writs severally directed to them and signed by the King To the rest the Sheriffs of the several Counties by virtue of a Writ out of the Chancery give notice that the King within a certain time orders an Election to be made of Knights and Burgesses which he commands to be made by the Sheriff in time and place convenient Vetus Rescripti formula ad Dynastas Rescriptum Regis ad Dynastas seu Pares sic sonat Carolus Dei gratiâ c. Reverendissimo in Christo Patri c. si Episcopos compellet Consanguineo nostro si Duces Marchiones vel Comites alloquatur Dilecto fideli nostro si Barones Quia de advisamento Concilii nostri pro quibusdam arduis urgentibus negotiis Nos Statum defensionem Regni nostri Angliae Ecclesiae Anglicanae concernentibus quoddam Parlamentum nostrum ad Westmonast c. teneri ordinavimus ibidem vobiscum cum caeteris Praelatis Magnatibus Proceribus dicti Regni nostri Angliae colloquium habere tractatum vobis in fide Dilectione si ad Episcopos mittatur Rescriptum per fidem Allegiantiam si ad Pares quibus nobis tenemini firmiter injungendo mandamus quod consideratis dictorum negotiorum arduitate periculis imminentibus cessante quacunque excusatione die loco dictis personaliter intersitis Nobiscum cum caeteris Praelatis Magnatibus Proceribus super dictis negotiis tractaturi vestrúmque Consilium impensuri hoc sicut Nos honorem nostram ac salutem Regni praedicti Ecclesiae sanctae Expeditionémque dictorum negotiorum diligitis nullatenus omittatis si ad Episcopos scribat praemonere Decanum Capitulum Ecclesiae vestrae tolúmque Clerum vestrae Dioeceseos quod idem Decanus Archidiaconi in propriis personis ac dictum Capitulum per unum idémque Clerus per duos Procuratores idoneos plenam sufficientem potestatem ab ipsis Capitulo Clero habentes praedictis die loco personaliter
onely for conveniency but even for Ostentation and Luxury Trade increasing dayly both in compass and profit had already enlarged it self to both the Indies onely unhappy in this that with the Wealth of Strangers foreign Vices were also imported Arts of all sorts never look'd gayer in Colledges Courts and Shops nor were the wealthy Inhabitants ever prouder Justice was administred according to Law nor was any man deprived of Life or Goods but by the lawful Verdict of a Jury of his Country-men to whom these things ought to be of highest value all the parts of Government were so administred that they seemed to conspire together for the publick good save onely in this that they could not repress the insolency and wantonness that sprung from so great prosperity and which is not to be dissembled being long unaccustomed to War we had been unfortunate in some foreign expeditions and the people were incensed at some impositions at home which though very moderate and countenanced by publick necessity and good reason in Law yet gave occasion to the people to pretend that the Right and Property of the Subject was opprest and to outcries of Injustice and also the imprisonment and lopping off the ears of four or five seditious persons sentenced by the Judges of the Star-Chamber seemed to be punishments too severe for those halcyon days of Peace and Tranquillity To this may be added that the Jurisdiction and Censures of Spiritual Courts wrought pity in some and indignation in others Besides the muster of Malecontents was made greater by some scrupulous Puritans who interpreted the enjoyning of Ceremonies and things indifferent in the Worship of God in the Canons of the Church to be the Fore-runners of Popery We may also take along with us the Zeal of the Archbishop in exempting the Clergie from the Suits and Injuries of Laicks and preferring them to civil employments which drew a great deal of envy and ill will not onely upon himself but upon all the Church-men also as also his endeavouring to bring into the Church of Scotland the use of the Service-book of England which though his designe was laudable that these three neighbouring Nations being under the government of one and the same King might also be joyned in an uniform manner of Worship was yet unseasonable and ill timed as we shall a little more fully relate Matters in Scotland were then ripe for a Rebellion for many took it ill that the King denied them the Honours and Titles to which they aspired others were vexed that they were forced to part with some portion of the Tythes though but moderate which they had upon the dissolution of the Monasteries in the minority of King James obtained from the Crown for making a competent Stipend for Ministers who then served the Cures at what easie rates the Patrons were pleased to allow them but most could not digest that the absolute Authority which they had for a long time usurped over their Vassals and Tenants should be taken from them and annexed to the Crown These chusing rather to shake the State than quit their hold those again rather to get Titles of Honour by the seditious Acclamations of the Mobile than to want them took occasion of the Liturgie and Ceremonies to buz the people in the ear that the reformed Religion was to be overturned to make way for Popery so that having taken up Arms and born down all that were of a contrary opinion they new model Church and State according to their own humour The King resolving to reduce those by Arms whom he could not reclaim by the milder causes of admonition being accompanied by the Flower of the Youth and Nobility of England who voluntarily and at their own charge set out upon the expedition marches to the borders but having by clemency and concessions brought them over to obedience which he preferred before Hostility and Arms he condescended to Articles of Peace and disbanded his Army The Scots afterward insisting upon Articles different from those that were agreed upon occasion new Broils and Dissensions which when neither Commissioners Messengers nor mutual Letters could compose both sides prepare afresh for a new War On the Kings side the Earl of Strafford then Deputy of Ireland raised an Army of eight thousand men with the assistance of the Parliament of Ireland being to be paid by them and being come over again into England bestirs himself in raising another Army here A Parliament is called wherein a certain Courtier making bad use of his instructions did purposely as most believed that he might confound affairs and increase Animosities betwixt the King and Parliament somewhat haughtily demand twelve Subsidies when the House of Commons had offered six in lieu of the Ship-money and this raised new discontents and grievances for putting a stop to which in those troublesome times the Parliament was sooner dissolved than many could have wished In the mean time the Scots whose Forces were not so dispersed but that they might be speedily drawn together into a body nicking the opportunity and by Agents entring into a Combination with the factious of England under pretext of petitioning the King came in a hostile manner into England and having beat some Troops that guarded the passage of the River Tine put all into fear and consternation took Newcastle and other Towns unprovided for defence and fortified them And though Strafford with the new-raised Army under his command had undertaken to drive them out of the Kingdom yet the most merciful King chose rather to refer the matter to a Parliament than without publick consent to pollute the Kingdom with bloud and slaughter A Truce was therefore made whereby the Scots were allowed a free Trade and Commerce with liberty to raise Contributions in the Counties where they lay and so a Parliament was called by whose prudence and Loyalty it was hoped all roots and Fibres of Animosities might be extirpated The Parliament being met the Factious who in great numbers had got into the House of Commons trusting now to the Patronage of the Scots and the Disorders of the times set about their business manfully they represent Grievances both publick and private accuse Courtiers and Magistrates and dart obliquely reproaches against the King himself exaggerating all with the highest strains of their Rhetorick Under pretext of reforming these Abuses they labour to overturn both Church and State and in imitation of the Scots to new-model the Government and that by these steps If in the first place they could deprive the King of the Counsels and Assistance of his most faithful Subjects and by loading him with Reproaches and false Crimes render him odious to the People and strip him of all Power and Authority they would next screw themselves into publick Offices and the power of the Militia and then with absolute dominion give Laws both to the King and People The Earl of Strafford and
Archbishop of Canterbury are accused of High-Treason both the English and Scots impeaching them Against Strafford also out of Ireland where the greatest matter of accusation was to be pickt up both Witnesses and Accusers are brought For whilst he was Deputy of Ireland he had by some severities which though perhaps they could not stand the test of the punctilio's and niceties of Law yet were necessary for the publick raised the indignation of the Inhabitants in that he endeavoured to reclaim the native Irish from their wonted Barbarity to Industry Civility and better Manners and to enure them to the Customs and Practices of the English Whence in a short time he had been so successful in this that having setled Trades Husbandry and Commerce amongst those lazy and stubborn people they began to flourish more than in all Ages before and to bring money into the Exchequer of England which by Rebellions they had so often exhausted before From amongst these though they were Roman Catholicks and sworn enemies to the English Government and even then plotting a Conspiracy against it Accusers in name of the Kingdom of Ireland and Witnesses were sent for who being prone enough of themselves to the work that they might the more securely attempt the Rebellion which then they hatched in their minds the wise Deputy being taken off were by all civilities and kind offices caressed by the Factious that by accumulated crimes they might overwhelm Strafford The Lord Keeper Finch was also accused and all the Judges who being sworn had after long deliberation declared in favour of the King as to the lawfulness of Ship-money Twelve Bishops also who by the riotous Rabble having been barred from coming into the House of Lords protested against all Laws that should be made as invalid until all that were concerned in the Council of the Kingdom might safely be present Others withdrew to avoid the impendent storm The Judges scared with this Parliamentary Thunderclap and taught to obey their Lords and Masters are at last all freely discharged and some of them continued in their places or promoted to higher The Bishops having lost their power of voting in the Lords House by a Law made in their absence being likewise set at liberty Canterbury is reserved for a future Sacrifice All the Storm at present fell upon the head of the Earl of Strafford whose Tragedy since it lay heavy upon the King during his whole life and at his death and that he by the Rebels was reckoned the most guilty I shall more fully relate that by the instance of one judgment may be made of the rest what kind of men they were who were so hated by the Parliament With great pomp he is accused by the Commons of twenty eight Articles of High Treason before the House of Lords all the Commons were present of whom six of the most violent were his Prosecutors or Managers of the Tryal the King also Queen and Prince being there privately behind the Curtain The weight of his Impeachment lay in this That in Ireland he had acted many things arbitrarily contrary to Law That in time of Peace he had raised Money of the Inhabitants against their wills by Military Exactions That he had advised the King to force the Subjects of England to obedience by foreign Arms and to make War against Scotland The Tryal lasted many days during which the Earl with great presence of mind and judgment defending himself so refuted the Arguments of his Prosecutors that amongst so many Articles there was not one even in the judgment of his enemies that could amount to Treason nor could all put together be constructed an acumulative Treason which inraged the House of Commons so far that having no colour of Law to take his life they make a new Law ex post facto whereby he is made guilty of High-Treason with a clause therein That it should not be made a Precedent in other Courts But this past not without great debate and opposition many speaking and arguing to the contrary and fifty nine of the chief Members of the House dissenting whose names were posted up in publick places that being exposed to the view and fury of the Mobile they might learn to vote with the Factious for the future if they had not rather be torn in pieces alive This Bill was in two days time past and engrossed in the House of Commons and carried up to the Lords for their consent but a matter of such moment was more seriously deliberated about there The Factious impatient of this delay stir up the Rabble and Dregs of the People who armed with Staves and Clubs and what Weapons Rage put into their hands came rushing to the Parliament-house roaring out Justice Justice and growing dayly more and more insolent morning and evening persisted in their riotous Clamours These Blades besetting the House of Lords lay hands upon what Lords and Bishops they please and tossing them to and fro hinder them from entering and threaten them worse if they obstinately refused to comply with the Commons Next they break in into Westminster-Abbey pull down the Organs rob the Vestments and sacred Furniture of the Church and then with furious clamours run to White-hall the Kings own house Nay they proceeded to that impudence as to dare to affront the King by sawcy and insolent Answers when his Majesty from a Balcony told them as they passed by White-hall that they should keep at home and mind their business Whilst some of the Justices of Peace according to their Oath and duty imprison those of that Rabble whom they could catch to be kept there for condign punishment they themselves are clapt up by the factious House of Commons pretending that it was free for all to come and petition the Parliament though they had caused the Gates of London to be shut against the men of Kent who came to petition the contrary and frightened others who intended to have done the like And when some discreet and good men had desired the Factious that they would at length lay the Devils whom they had raised they made answer That they ought rather to thank their Friends Nay so far was the Parliamentary Dignity debased that many times Members of the House of Commons came to the Clubs of Apprentices where they consulted about related and examined the affairs that past in Parliament what was designed to be done what parts they themselves were to act and when Hence their Tumults became by this kind of schooling in a manner to be regular being distributed into proper Classes and Fraternities as of Porters Watermen Taylors c. who under pretext of petitioning at the least hint from their Demagogues flocked together into bodies And that once for all we may lay open the nature of this Sore if any difficult knot occurred which by other arts they could not unty they presently betook themselves
in a War with his Subjects of England they were taken and at the Kings-bench-bar tried for High-Treason Macquire being found guilty by a Jury had sentence pronounced against him according to the Laws of the Country That he should be dragged to Tyburn in a Hurdle hang'd by the neck till he be half dead his privy Members and Bowels burnt before his face his Head cut off and set upon London-bridge and his Quarters upon four Gates of the City This Sentence was punctually executed in the presence of the Sheriff of London and fifteen thousand Spectators at least Nor is it to be omitted that the Sheriff having adjured Macquire by the dreadful Tribunal of God before which shortly he was to appear and the clearing and easing of his Conscience which was then or never to be done that he would ingenuously confess whom he knew to be guilty of the same Crime though the Rope was about his neck and he half up the Ladder yet by name he acquitted King Charles from being any ways privy to it solemnly professing that he knew no English-man but one and he a Papist that had any hand in the matter Nay and being cast off the Ladder and when after he had tried what hanging was he was a little reprieved and had no small hopes given him of a pardon he still persisted in the same protestation But in the Pulpits Clubs and publick Pamphlets the Crime was charged upon King Charles nor did the Rebels blush to asperse even the sacred and innocent Majesty of the King with so heinous a guilt hoping that whilst they continued so boldly to vent their Calumnies and Slanders against him some of them at least would stick The Irish Nobility and Priests who were the chief Actors in this Tragedy were encouraged to the Villany by the late successes of the Scots who to speak in the language of Sir John Temple a Privy-Counsellor of that Kingdom who wrote the History of those Troubles having happily succeeded in their attempts obtained by their last Commotions considerable Priviledges from the King To this adde that our intestine Troubles seemed to offer fair opportunity of changes it being very rational and easie to conjecture that the English being ready to fall together by the ears at home there was no fear that they would cross over to Ireland to defend and assist their Colonies in that Kingdom Their boldness was increased by the Interregnum occasioned by the murder of Strafford and the change of the Magistrates of whom the severer and best acquainted with the State of that Kingdom were by the interest of the Irish Lords whilst they prosecuted Strafford in England either turned out of place or accused of High-Treason men who were either ignorant of the Affairs and State of Ireland or who were prone to Rebellion being put into their places Being thus in a readiness the unseasonable disbanding of an Army of eight thousand Irish who had been raised for the Scottish expedition did not a little strengthen their resolution for though the King after the pacification of the Scots lest they might occasion Stirs in Ireland had permitted the Spanish Embassadour to transport four thousand of them yet the Irish Lords put on by the Conspirators got the Parliament under pretext that the French King might take it ill earnestly to beseech that it might not be done And afterwards when the King had ordered the same number to be raised for the service of the French without any reasons alleadged they utterly rejected it Very few of the Captains and Officers of that Army dishonoured themselves by joyning in the Rebellion but the private Souldiers whose custom it is to be insolent and at length appear valiant when they are about to be dismissed from the dangers of War easily rushed into that Villany The Lords and Priests being soothed with these so many fair opportunities of fishing in troubled waters that they might weaken our Colonies divide and distract their thoughts and in the mean time incense the Natives to slaughter and rapine they cast about all ways To the English they brag That the Queen is in their Army that the King was coming with an Army to their assistance that the Scots were agreed with him and to make that the more credible amongst the slaughter of the English they spare the Scots They give out that they have the Kings Commission and act by virtue of his authority shewing indeed a counterfeit Commission to which one Plunket with the consent of many Lords and Priests at Farn-Abbey had appended the Kings Seal taken from another old Commission as appeared by the confessions of a great many afterwards That they defend the King's Cause against the Puritans Amongst their own men they divulge counterfeit Letters whereby they pretend to be informed from England That there was an Act lately past whereby all the Irish were to be forced to go to Church and assist at the Devotion of the Protestants upon pain of forfeiture for the first offence of their Chattels for the second of their Lands and Inheritances and for the third of their Lives They propose besides to the Natives the hopes of Liberty and of recovering their ancient Customs That the English Yoke is to be cast off a King to be chosen of their own Nation and the Goods and Estates of the English to be divided amongst the Natives By this hope of booty and of living at their own liberty for the future the Irish are allured to the War and being egg'd on with fury and rage they committed such horrid and heynous Crimes as hardly any Age can parallel The King foresaw the Storm a coming whilst he was in Scotland and therefore that he might prevent it whilst it was a gathering he presently dispatched Sir James Hamilton to the Lords and others of his Majesties Privy-Council of Ireland with instructions and what money he could raise of his own and from his friends on the sudden He earnestly desires the assistance of the Parliament of Scotland and acquaints the Parliament of England with it also But the one under pretext that Ireland was under the dominion of England refuse their assistance and the other takes but little notice of it The Factious tacitly rejoycing that new Troubles were arising to the King and that Kingly government being abolished alike in all the three Kingdoms they would shortly be turned into so many free Commonwealths But the Sparks breaking out into a flame and the report of the Irish barbarity being in every bodies mouth the Parliament was enraged and all were filled with an extraordinary zeal of revenging the bloud of their Country-men treacherously killed and of defending and protecting the surviving For the charges of a War in a short time three hundred thousand pound English was raised partly by benevolent Contributions and partly out of the price of the Lands and Inheritances of the Rebels which by the Parliament were sold to be
interposeth and very often whilst the Presbyterians were at the helm disturb the religious meetings of the other Sectarians by hurling of Stones amongst them The liberty of a great many being contrary to expectation restrained the Parliament settle the Presbyterian government onely for three years that in that time they might have a tryal how it would fadge This Novelty set mens humours wonderfully a working The Politicians and Lawyers were highly offended that there were as many Judicatures established as there were Parishes in England and these almost arbitrary putting the Rule into the hands of unskilful men and for the most part incapable of government and began to foresee at a distance I know not what calamities ready to spring from thence in Families Parishes Counties nay and in the whole Kingdom also Most part of the people grumble to be put again to School and to be taught the Rudiments and Principles of their Religion wherein they thought themselves already very well instructed Those that were zealous for Episcopal government and the Service-book bite the bit But none repined more than the Independants Anabaptists and the other Sects who saw their beloved liberty of Conscience in danger for which they had at first taken up Arms against the King hazarded their lives in so many battels and suffered so much labour cost watchings and danger Nevertheless the Government went bravely on in London but so and so in the other Cities and populous Towns and but very coldly in the Country so that the triennial Essay being over and no new Act made to confirm it it had much ado to keep life And thus far concerning Church-affairs which we thought fit to relate together though they happened not all at the same time Let us now return to the other arts whereby they wheadled the Scots Amongst which it was of greatest moment no less for endearing the Scots to them than for raising their power and authority amongst the Natives to sell the Bishops Lands at very easie rates so that Purchasers flocked in from all quarters who with the materials of demolished Palaces and the Timber they cut down having paid for their Purchases got large and entire Mannors almost for nothing And that once for all I may tell it they lay Excise Customs and such heavy and continual Taxes and Impositions upon the people as none of all the Kings that ever sat upon the Throne of England durst ever before that time impose and such as were not onely sufficient to defray all publick expenses but in some measure also the insatiable avarice and voraciousness of their Factors and Agents besides what they got by plundering sequestration and other ways The Scots being allured by these Morsels are tooth and nail for the interests of the Parliament The Scots the declared enemies of Episcopacy fearing the worst if the King should obtain the victory over the Parliament and being drawn in by the aforementioned baits enter into Articles of a Confederacy among which to give a colour of honesty and integrity to the rest the chief was That no hurt be attempted against his Majesties person nor prejudice done to the Rights or Heirs of the Crown an Oath being likewise taken by the Members of both Houses and all the Inhabitants of both Kingdoms being forced to do the same This they call the Solemn League and Covenant and in it promise That according to their Places and Callings they shall endeavour the preservation of the reformed Religion in the Church of Scotland in Doctrine Worship Discipline and Government The reformation of Religion in the 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 shall endeavour to bring the Churches of God in the three Kingdoms to the nearest conjunction and uniformity in Religion c. That they shall also endeavour the extirpation of Popery Prelacy Superstition Heresie Schism Profaneness c. That they shall mutually endeavour to preserve the Rights and Priviledges of the Parliaments and the Liberties of the Kingdoms and to preserve and defend the Kings Majesties person and authority in the preservation and defence of the true Religion and Liberties of the Kingdoms That the World may bear witness with their Consciences of their Loyalty that they have no thoughts or intentions to diminish his Majesties just power and greatness That they shall endeavour to discover all Incendiaries and Malignants branding with those aspersions all that favoured the Kings Party that they may be brought to publick tryal and receive condign punishment That they shall endeavour that the Kingdoms may remain conjoyned in a firm Peace and Vnion to Posterity shall assist and defend all those that enter into that League and Covenant and shall zealously and constantly all the days of their lives continue therein No inconsiderable Authors of entering into this Covenant were the Independents Anabaptists and Republicans and the chief and most severe in forcing it upon others who were unwilling to take the same though many of themselves purposely refrained from swearing it lest upon that account they should oblige themselves to the defence of the Kings person It is also to be observed that the clause of defending the Kings Majesties person and authority in the preservation and defence of the true Religion and Liberties of the Kingdoms was by their artifices foisted in contrary to the sence and tenour of the Covenant under colour forsooth that the safety of his Majesties person was sufficiently secured by other Oaths that the repetition of the same promise would but harden the Kings mind against the Parliament and make the People scrupulous in obeying the same But in reality as appeared afterward that all obstacles being as much as might be removed they might make way for the murther of the King These things being contrived and carried on betwixt the factious Scots and English those who took that Covenant with an honest purpose as many good men did being won over by fear delusion or false hope called themselves Presbyterians other Factious of less note as Independents Anabaptists and other Fanaticks not disdaining to list themselves in the same Cause These cruelly persecute all Dissenters who will not engage in that holy Covenant though they had acted nothing before against the Parliamentary Faction though they had not refused to pay any Taxes and Impositions nay though they had freely contributed for the pay of the Parliament-forces The Parsons especially who enjoyed fat Benefices are sequestrated and deprived of their Houses Goods and Livings put into Prisons and Dungeons for many years together nay and put on board of Ships upon the Thames in the heat of Summer in order to transportation without being either accused or heard where they suffered all the incommodities of hunger watching and nastiness By the Religion of this Covenant Children were taught to persecute inform against and
rob their Parents Fathers their Children Servants their Masters Wives their Husbands so that the mutual Offices to which men are bound in society were denied to those that differed from them in opinion For these reasons many contrary to the Dictates of Conscience run into the noose of the Covenant and at length whether that they thought themselves obnoxious to the Kings Laws or really bound in conscience by their Oath they seriously espoused the Party of the Parliament Against this many learned and pious men took up the Cudgels and in several Treatises amongst which was the Judgment of the University of Oxford an unanswerable piece in Latin confuted it as contrary to the Laws both of God and man the Covenanters in the mean time making no answer but with force and the sharper Arguments of the Sword The Scots who faithfully promised the King to give him no trouble in his affairs in England having by those previous artifices cleared their way into that Kingdom with twenty thousand men come to the assistance of the Parliament But first for forms sake they send Commissioners to the King to perswade him being inclinable enough of himself to make peace with the Parliament and to offer themselves as Mediators of the Controversie but the King having rejected them as unjust and partial Judges and commanded them to mind their own affairs at home they call a Parliament against all Law in the Kings name and then declare War The King foreseeing the Storm that was like to fall upon himself and Party had provided against it as well as possibly he could The Lords and Members of the House of Commons who though they were excluded the Houses thought it their duty still to stand by the Publick came over to the Kings side and the former to the number of forty with the Lord Keeper of the great Seal and the latter above two hundred transfer the Parliament to Oxford where being called to Council before they were admitted to take Arms by the King they held a Session of Parliament by the Kings authority nothing being wanting to the power and dignity of a Parliament but Walls and the place appointed by the Kings Writ To these the King gave strictly in charge that they would do what lay in their power to avert the Storm or at least consult how they might be able to resist it This Parliament wrote to the Scots that they would not in an hostile manner invade the King and Kingdom of England nor violate the Pacification formerly made They declare it Treason to take up Arms against the King or without his consent to call a foreign Nation into the Kingdom and that therefore the Rump-Parliament sitting at Westminster were upon both accounts guilty of High-Treason They also pass an Act for raising as much money as could reasonably be expected from the exhausted Counties and Towns which still continued in obedience to the King for defraying the charges of a double War now approaching The King also by Letters earnestly dehorted the Scots from that unlawful attempt and prohibits them by Proclamation That being his Subjects and obliged by so many bonds they would not come to the assistance of Rebels But this being signed by the hands of nineteen Lords the prevailing Rebels of Scotland with matchless insolence in Subjects cause it publickly to be burnt by the common Hangman The Marquess of Hamilton is commanded to keep the Scots at home that they might not meddle in the affairs of another Kingdom who being discovered to have unfaithfully discharged that Office having under pretext of danger fled out of Scotland to the King was afterward committed to Prison The Marquess of Montross being made General and Commissioner of Scotland is dispatched thither that by giving them a diversion at home they might be kept from invading England This Commission was valiantly discharged by the Marquess having with a handful of men and those raw and undisciplined put whole Armies to flight and every-where wasted the Country However the Scots pursuing their point left not England before by the help of Fairfax they had routed no small part of the Kings Army which they had long diverted from quelling the Parliamentarians elsewhere taken Newcastle and other strong places and handed on the Victory into the more Southern parts Henceforward the Kings affairs do dayly decline and were at length totally ruin'd Victory everywhere smiling upon the Rebels The Republican Rebels having obtained many Victories began to vent their hatred and indignation against the Lords and especially after the last Newberry-Fight they grew sick of the Earl of Manchester For he in a Council of War giving his opinion and exhorting them to Peace which he judged more expedient to the State seemed not so thorough-paced and fierce upon the War as they could have desired and being therefore in a long Speech accused by Cromwel in the Lower House he defends himself in the Vpper retorting the accusation So that both Houses thought it more convenient to compose the difference betwixt them than to enter into the merits of the Cause The Kings Forces being at length scattered and broken by the Scots on the one hand and the Parliament-Rebels on the other Pay and Provisions being wanting and Factions arising betwixt the Commanders of the Army and the Lords that all things might conspire to draw down Judgments upon us His Majesty had in his mind first to come to London and trust himself in the hands of the Parliament next to cast himself into the arms of the English Army but being rejected by both and his affairs in a very doubtful condition he ventured to betake himself to the Scots the French Embassadour who then was in the Scottish Army and some Scottish Commanders having obtained from them promises of honour safety and freedom for his Majesties person This revived former Grudges betwixt the English and Scottish Rebels which had almost broken out into a War It was likewise given out that the Earl of Essex who from a General was now become a private person would joyn with the Lords and Commons that conspired for their ruine in new Articles and Resolutions with the Scots but his sudden death occasioned by lying on the ground when he was all in a sweat after hunting dissipated all those rumours Nevertheless the Rebels thought fit at publick cost to humour him with magnificent Funerals as being more for their interest to shew gratitude to a dead friend than to have him perhaps a living enemy Upon this they began to deny the Scots their Pay put a necessity upon them of exacting Money and free Quarters from the Counties where they lay expose them to hatred extenuate their merits undervalue the courage of the Nation call them mercenary Souldiers of fortune whilst they in the mean time paid them onely with Reproaches threaten to drive them out of the Kingdom by force of Arms publickly provoke
Argile with the Forces he had raised being no less an Army at home than Cromwel was abroad reduced them in a short time to such streights that the Army which had been raised by order of Parliament was forced to lay down Arms and submit to the discretion of Argile's Faction Then was a new Parliament called all being excluded who had taken up Arms or voted for engaging in a War for the delivery of the King In this the Acts of the last Parliament were recinded the War declared to have been unlawful Cromwel had the publick thanks and Argile privately engaged as Cromwel himself boasted that he would concur with the Oligarchicks of England and root out Monarchy when occasion offered in Scotland as well as in England Besides many Ships the Tyde turning according to the innate levine of Seamen prepare to make defection from the Prince casting themselves into the protection of the Earl of Warwick who had won their hearts by frequent Largesses and who was set over a new Fleet for a time that he might draw over the Seamen again to the obedience of the Parliament but being beset with the Spies Of the Oligarchick Rebels and having done their job he justly received the usual Reward from these Masters that is he was turned out and laid aside Whilst the Army is busied in these Wars the Members of Parliament being a little rid of the yoak of the Army and Cromwel that were now at a distance and seriously considering how ill all the People of the Kingdom would resent the injuries done to the King and how ticklish their own affairs stood they begin to think of Peace and growing wise behind hand against the advice of the Oligarchick Republicans they rescind the Votes of None Addresses by the unanimous consent of both Houses They appoint a Conference with the King for composing Differences but by Commissioners and that in the Isle of Wight For this purpose they commissionate five Lords for the Vpper House and ten Commoners for the Lower The Propositions to be debated in that Conference are prescribed to the Commissioners ¶ That the Translator relates all which verbatim though it be contrary to the designe of this Work and of the Author who hath onely entred the short Articles marked with the numbers I. II.III I hope the Reader will not dislike since the Articles at large contain so excellent a description of the Changes that were then intended to be made in the Government of England that it is thought very fit to publish them according to the perfect Copy printed by order of both Houses the 29th of August 1648. May it please your Majesty WE the Lords and Commons assembled in the Parliament of England in the name and on the behalf of the Kingdoms of England and Ireland and the Commissioners of the Parliament of Scotland in the name and on the behalf of the Kingdom of Scotland Do humbly present unto your Majesty the humble desires and Propositions for a safe and well-grounded Peace agreed upon by the Parliaments of both Kingdoms respectively unto which we do pray your Majesties Assent And that they and all such Bills as shall be tendered to your Majesty in pursuance of them or any of them may be Established and Enacted for Statutes and Acts of Parliament by your Majesties Royal Assent in the Parliaments of both Kingdoms respectively I. WHereas both Houses of the Parliament of England have been necessitated to undertake a War in their just and lawful defence and afterwards both Kingdoms of England and Scotland joyned in Solemn League and Covenant were engaged to prosecute the same That by Act of Parliament in each Kingdom respectively all Oaths Declarations and Proclamations heretofore had or hereafter to be had against both or either of the Houses of the Parliament of England the Parliament of the Kingdom of Scotland and the late Convention of Estates in Scotland or Committees flowing from the Parliament or Convention in Scotland or their Ordinances and Proceedings or against any for adhering unto them or for doing or executing any Office Place or Charge by any Authority derived from them and all Judgments Indictments Outlawries Attainders and Inquisitions in any the said Causes and all Grants thereupon made or had or to be made or had be declared Null suppressed and forbidden And that this be publickly intimated in all Parish-Churches within his Majesties Dominions and all other places needful II. That his Majesty according to the laudable example of his Royal Father of happy memory may be pleased to swear and signe the late Solemn League and Covenant and that an Act of Parliament be passed in both Kingdoms respectively for enjoyning the taking thereof by all the Subjects of the three Kingdoms and the Ordinances concerning the manner of taking the same in both Kingdoms be confirmed by Acts of Parliament respectively with such Penalties as by mutual advice of both Kingdoms shall be agreed upon III. That a Bill be passed for the utter abolishing and taking away of all Archbishops Bishops their Chancellors and Commissaries Deans and Sub-Deans Deans and Chapters Arch-Deacons Canons and Prebendaries and all Chaunters Chancellors Treasurers Sub-Treasurers Succentors and Sacrists all Vicars Choril and Choresters old Vicars and new Vicars of any Cathedral or Collegiate-Church and all other their under-Officers out of the Church of England and Dominion of Wales and out of the Church of Ireland with such alterations concerning the Estates of Prelates as shall agree with the Articles of the late Treaty of the date at Edenburgh 29 November 1643. and joynt Declaration of both Kingdoms IV. That the Ordinances concerning the calling and sitting of the Assembly of Divines be confirmed by Act of Parliament V. That Reformation of Religion according to the Covenant be setled by Act of Parliament in such manner as both Houses have agreed or shall agree upon after consultation had with the Assembly of Divines For as much as both Kingdoms are mutually obliged by the same Covenant to endeavour the nearest Conjunction and Uniformity in matters of Religion That such Unity and Uniformity in Religion according to the Covenant as after consultation had with the Divines of both Kingdoms now assembled is or shall be joyntly agreed upon by both Houses of the Parliament of England and by the Church and Kingdom of Scotland be confirmed by Acts of Parliament of both Kingdoms respectively VI. That for the more effectual disabling Jesuits Priests Papists and Popish Recusants from disturbing the State and deluding the Laws and for the better discovering and speedy conviction of Popish Recusants an Oath be established by Act of Parliament to be administred to them wherein they shall abjure and renounce the Popes Supremacy the Doctrine of Transubstantiation Purgatory worshipping of the Consecrated Hoast Crucifixes and Images and all other Popish Superstitions and Errours and refusing the said Oath being tendred in such manner as shall be appointed by the said Act to
of England and Ireland and Dominion of Wales Isles of Guernsey and Jersey and the Town of Barwick upon Tweed or any part of the said Forces or concerning the Admiralty and Navy or concerning the levying of Moneys for the raising maintenance or use of the said Forces for Land-service or for the Navy and Forces for Sea-service or of any part of them and if that the Royal Assent to such Bill or Bills shall not be given in the House of Peers within such time after the passing thereof by both Houses of Parliament as the said Houses shall judge fit and convenient That then such Bill or Bills so passed by the said Lords and Commons as aforesaid and to which the Royal Assent shall not be given as is herein before expressed shall nevertheless after declaration of the said Lords and Commons made in that behalf have the force and strength of an Act or Acts of Parliament and shall be as valid to all intents and purposes as if the Royal Assent had been given thereunto Provided that nothing herein before contained shall extend to the taking away of the ordinary legal power of Sheriffs Justices of Peace Mayors Bayliffs Coroners Constables Headboroughs or other Officers of Justice not being Military Officers concerning the administration of Justice so as neither the said Sheriffs Justices of Peace Mayors Bayliffs Coroners Constables Headboroughs and other Officers nor any of them do levy conduct employ or command any Forces whatsoever by colour or pretence of any Commission of Array or extraordinary command from his Majesty his Heirs or Successors without the consent of the said Lords and Commons And if any persons shall be gathered and assembled together in warlike manner or otherwise to the number of thirty persons and shall not forthwith disband themselves being required thereto by the said Lords and Commons or command from them or any by them especially authorized for that purpose then such person or persons not so disbanding themselves shall be guilty and incur the pains of High-Treason being first declared guilty of such offence by the said Lords and Commons any Commission under the great Seal or other Warrant to the contrary notwithstanding And he or they that shall offend herein to be incapable of any pardon from his Majesty his Heirs or Successors and their Estates shall be disposed as the said Lords and Commons shall think fit and not otherwise Provided that the City of London shall have and enjoy all their Rights Liberties and Franchises Customs and Usages in the raising and employing the Forces of that City for the defence thereof in as full and ample manner to all intents and purposes as they have or might have used or enjoyed the same at any time before the making of the said Act or Proposition To the end that City may be fully assured it is not the intention of the Parliament to take from them any priviledges or immunities in raising or disposing of their Forces which they have or might have used or enjoyed heretofore The like for the Kingdom of Scotland if the Estates of the Parliament there shall think fit XVII That by Act of Parliament all Peers made since the day that Edward Lord Littleton then Lord Keeper of the Great Seal deserted the Parliament and that the said Great Seal was surreptitiously conveyed away from the Parliament being the one and twentieth day of May 1642. and who shall be hereafter made shall not sit or vote in the Parliament of England without consent of both Houses of Parliament And that all Honour and Title conferred on any without consent of both Houses of Parliament since the twentieth day of May 1642. being the day that both Houses declared That the King seduced by evil Council intended to raise War against the Parliament be declared Null and Void The like for the Kingdom of Scotland those being excepted whose Parents were passed the Great Seal before the fourth of June 1644. XVIII That an Act be passed in the Parliament of both Kingdoms respectively for confirmation of the Treaties passed betwixt the two Kingdoms viz. the large Treaty the late Treaty for the coming of the Scots Army into England and the setling of the Garrison of Barwick of the 29th of November 1643. and the Treaty concerning Ireland of the 6th of August 1642. for the bringing of ten thousand Scots into the Province of Vlster in Ireland with all other Ordinances and Proceedings passed betwixt the two Kingdoms and whereunto they are obliged by the aforesaid Treaties And that Algernon Earl of Northumberland John Earl of Rutland Philip Earl of Pembrooke and Mungomery Theophilus Earl of Lincoln James Earl of Suffolk William Earl of Salisbury Robert Earl of Warwick Edward Earl of Manchester Henry Earl of Stanford Francis Lord Dacres Philip Lord Wharton Francis Lord Willoughby Dudly Lord North John Lord Hunsdon William Lord Gray Edward Lord Howard of Estrick Thomas Lord Bruce Ferdinando Lord Fairfax Mr. Nathaniel Fines Sir William Armine Sir Philip Stapilton Sir Henry Vane senior Mr. William Perpoint Sir Edward Aiscough Sir William Strickland Sir Arthur Hesilrig Sir John Fenwick Sir William Brereton Sir Thomas Widdington Mr. John Toll Mr. Gilbert Millington Sir William Constable Sir John Wray Sir Henry Vaine junior Mr. Henry Darley Oliver Saint John Esq his Majesties Sollicitor-General Mr. Denzel Hollis Mr. Alexander Rigby Mr. Cornelius Holland Mr. Samuel Vassell Mr. Peregrin Pelham John Glyn Esq Recorder of London Mr. Henry Martin Mr. Alderman Hoyle Mr. John Blakiston Mr. Serjeant Wilde Mr. Richard Barwis Sir Anthony Irby Mr. Ashurst Mr. Bellingham and Mr. Tolson Members of both Houses of the Parliament of England shall be the Commissioners for the Kingdom of England for conservation of the Peace between the two Kingdoms to act according to the Powers in that behalf exprest in the Articles of the large Treaty and not otherwise That his Majesty give his Assent to what the two Kingdoms shall agree upon in prosecution of the Articles of the large Treaty which are not yet finished That an Act be passed in the Parliaments of both Kingdoms respectively for establishing the joynt Declaration of both Kingdoms bearing date the 30th day of January 1643. in England and 1644. in Scotland with the Qualifications ensuing 1 Qualification That the persons who shall expect no pardon be onely these following Rupert Maurice Count Palatines of Rhine James Earl of Darby John Earl of Bristol William Earl of New-castle Francis Lord Cottington George Lord Digby Matthew Wren Bishop of Ely Sir Robert Heath Kt. Dr. Bramhall Bishop of Derry Sir William Widdrington Col. George Goring Henry Jermin Esq Sir Ralph Hopton Sir John Biron Sir Francis Doddington Sir John Strangewayes Mr. Endymion Porter Sir George Radcliffe Sir Marmaduke Langdale Henry Vaughan Esq now called Sir Hen. Vaughan Sir Francis Windibanke Sir Richard Greenvill Mr. Edward Hide now called Sir Edw. Hide Sir John Marley Sir Nicholas Cole Sir Thomas Riddel Jun. Sir John Colepepper Mr. Richard
but all their said several preferments places and promotions shall be utterly void as if they were naturally dead nor shall they otherwise use their Function of the Ministry without advice and consent of both Houses of Parliament Provided that no Laps shall incurr by such vacancy until six months past after notice thereof 6 Qualification That all persons who have been actually in Arms against the Parliament or have counselled or voluntarily assisted the Enemies thereof are disabled to be Sheriffs Justices of the Peace Mayors or other head-Officers of any City or Corporation Commissioners of Oyer and Terminer or to sit or serve as Members or Assistants in either of the Houses of Parliament or to have any Military employment in this Kingdom without the consent of both Houses of Parliament 7 Qualification The persons of all others to be free of all personal censure notwithstanding any Act or thing done in or concerning this War they taking the Covenant 8 Qualification The Estates of those persons excepted in the first three precedent Qualifications and the Estates of Edward Lord Littleton and of William Laud late Archbishop of Canterbury to pay publick Debts and Damages 9 Qualification Branch 1. That two full parts in three to be divided of all the Estates of the Members of either House of Parliament who have not onely deserted the Parliament but have also voted both Kingdoms Traytors and have not rendred themselves before the first of December 1645. shall be taken and employed for the payment of the publick Debts and Damages of the Kingdom Branch 2. That two full parts in three to be divided of the Estates of such late Members of either House of Parliament as sate in the unlawful Assembly at Oxford and shall not have rendred themselves before the first of December 1645. shall be taken and employed for the payment of the publick Debts and Damages of the Kingdom Branch 3. That one full moity of the Estates of such persons late Members of either of the Houses of Parliament who have deserted the Parliament and adhered to the Enemies thereof and shall not have rendred themselves before the first of December 1645. shall be taken and employed for the payment of the publick Debts and Damages of the Kingdom 10 Qualification That a full third part of the value of the Estates of all Judges and Officers towards the Law Common or Civil and of all Serjeants Counsellors and Attorneys Doctors Advocates and Proctors of the Law Common or Civil And of all Bishops Clergy-men Masters and Fellows of any Colledge or Hall in either of the Universities or elsewhere And of all Masters of Schools or Hospitals and of all Ecclesiastical persons who have deserted the Parliament and adhered to the Enemies thereof and have not rendred themselves to the Parliament before the first of December 1645. shall be taken and employed for the payment of the publick Debts and Damages of the Kingdom That a full sixth part on the full value of the Estates of the persons excepted in the sixth Qualification concerning such as have been actually in Arms against the Parliament or have counselled or voluntarily assisted the Enemies thereof and are disabled according to the said Qualification be taken and employed for the payment of the publick Debts and Damages of the Kingdom 11 Qualification That the persons and Estates of all Common Souldiers and others of the Kingdom of England who in Lands or Goods be not worth two hundred pounds sterling and the persons and Estates of all Common Souldiers and others of the Kingdom of Scotland who in Lands or Goods be not worth one hundred pounds sterling be at liberty and discharged Branch 1. This Proposition to stand as to the English and as to the Scots likewise if the Parliament of Scotland or their Commissioners shall so think fit Branch 2. That the 1 of May last is now the day limited for the persons to come in that are comprised within the former Qualifications Provided that all and every the Delinquents which by or according to the several and respective Ordinances or Orders made by both or either of the Houses of Parliament on or before the 24th day of April 1647. are to be admitted to make their Fines and Compositions under the rates and proportions of the Qualifications aforesaid shall according to the said Ordinances and Orders respectively be thereto admitted and further also that no person or persons whatsoever except such Papists as having been in Arms or voluntarily assisted against the Parliament have by concealing their quality procured their admission to Composition which have already compounded or shall hereafter compound and be thereto admitted by both Houses of Parliament at any of the rates and proportions aforesaid or under respectively shall be put to pay any other Fine than that they have or shall respectively so compound for except for such Estates or such of their Estates and for such values thereof respectively as have been or shall be concealed or omitted in the particulars whereupon they compound and that all and every of them shall have thereupon their Pardons in such manner and form as is agreed by both Houses of Parliament That an Act be passed whereby the Debts of the Kingdom and the persons of Delinquents and the value of their Estates may be known and which Act shall appoint in what manner the Confiscations and Proportions before-mentioned may be leavied and applied to the discharge of the said Engagements The like for the Kingdom of Scotland if the Estates of Parliament or such as shall have power from them shall think fit XIX That an Act of Parliament be passed to declare and make void the Cessation of Ireland and all Treaties and Conclusions of Peace or any Articles thereupon with the Rebels without consent of both Houses of Parliament And to settle the prosecution of the War of Ireland in both Houses of the Parliament of England to be managed by them and the King to assist and to do no act to discountenance or molest them therein That Reformation of Religion according to the Covenant be setled in the Kingdom of Ireland by Act of Parliament in such manner as both Houses of the Parliament of England have agreed or shall agree upon after Consultation had with the Assembly of Divines here That the Deputy or chief Governour or other Governours of Ireland and the Presidents of the several Provinces of that Kingdom be nominated by both the Houses of the Parliament of England or in the intervals of Parliament by such Committees of both Houses of Parliament as both Houses of the Parliament of England shall nominate and appoint for that purpose And that the Chancellor or Lord Keeper Lord Treasurer Commissioners of the Great Seal or Treasury Lord Warden of the Cinque-Ports Chancellor of the Exchequer and Dutchy Secretaries of State Master of the Rolls Judges of both Benches and Barons of the Exchequer of the Kingdoms of England and Ireland and the Vice-Treasurer and the
Treasurers at Wars of the Kingdom of Ireland be nominated by both Houses of the Parliament of England to continue Quam diu se bene gesserint and in the intervals of Parliament by the afore-mentioned Committees to be approved or disallowed by both Houses at their next sitting The like for the Kingdom of Scotland concerning the nomination of the Lords of the Privy-Council Lords of Session and Exchequer Officers of State and Justice-General in such manner as the Estates of Parliament there shall think fit That the Militia of the City of London and Liberties thereof may be in the ordering and government of the Lord Mayor Aldermen and Commons in Common Council assembled or such as they shall from time to time appoint whereof the Lord Mayor and Sheriffs for the time being to be three to be employed and directed from time to time in such manner as shall be agreed on and appointed by both Houses of Parliament That no Citizen of the City of London nor any of the Forces of the said City shall be drawn forth or compelled to go out of the said City or Liberties thereof for Military service without their own free consent That an Act be passed for the granting and confirming of the Charters Customs Liberties and Franchises of the City of London notwithstanding any Nonuser Misuser or Abuser That the Tower of London may be in the government of the City of London and the chief Officer and Governour thereof from time to time be nominated and removeable by the Common Council And for prevention of inconveniencies which may happen by the long intermission of Common Councils it is desired that there may be an Act that all by-Laws and Ordinances already made or hereafter to be made by the Council assembled touching the calling continuing directing and regulating the same Common Councils shall be as effectual in the Law to all intents and purposes as if the same were particularly enacted by the Authority of Parliament And that the Lord Mayor Aldermen and Commons in Common Council may adde to or repeal the said Ordinances from time to time as they shall see cause That such other Propositions as shall be made for the City for their further safety welfare and government and shall be approved of by both Houses of Parliament may be granted and confirmed by Act of Parliament That all Grants Commissions Presentations Writs Process proceedings and other things passed under the Great Seal of England in the custody of the Lords and other Commissioners appointed by both Houses of Parliament for the custody thereof be and by Act of Parliament with the Royal assent shall be declared and enacted to be of like full force and effect to all intents and purposes as the same or like Grants Commissions Presentations Writs Process Proceedings and other things under any Great Seal of England in any time heretofore were or have been And that for time to come the said Great Seal now remaining in custody of the said Commissioners continue and be used for the Great Seal of England And that all Grants Commissions Presentations Writs Process Proceedings and other things whatsoever passed under or by any authority of any other Great Seal since the 22th day of May Anno Dom. 1642. or hereafter to be passed be Invalid and of no effect to all intents and purposes Except such Writs Process and Commissions as being passed under any other Great Seal than the said Great Seal in the custody of the Commissioners aforesaid on or after the said 22th day of May and before the 28th day of November Anno Dom. 1643. were afterward proceeded upon returned into or put in ure in any the Kings Courts at Westminster And except the Grant to Mr. Justice Bacon to be one of the Justices of the Kings-Bench And except all Acts and proceedings by virtue of any such Commissions of Goal-delivery Assize and Nisi prius or Oyer and Terminer passed under any other Great Seal than the Seal aforesaid in custody of the said Commissioners before the first of October 1642. And that all Grants of Offices Lands Tenements or Hereditaments made or passed under the Great Seal of Ireland unto any person or persons Bodies politick or corporate since the Cessation made in Ireland the fifteenth day of September 1643. shall be null and void And that all Honours and Titles conferred upon any person or persons in the said Kingdom of Ireland since the said Cessation shall be null and void That the several Ordinances the one intituled An Ordinance of Parliament for abolishing of Archbishops and Bishops within the Kingdom of England and Dominion of Wales and for se●ing of their Lands and Possessions upon Trustees for the use of the Common-wealth the other intituled An Ordinance of the Lords and Commons assembled in Parliament for appointing the sale of Bishops Lands for the use of the Commonwealth be confirmed by Acts of Parliament These were the Conditions of Peace proposed by the Parliament as the subject matter of that Conference which all passionately wished and a great many fought for They were the very same that had been heretofore sent to the King when he was at Hampton-Court and not onely rejected by his Majesty but by the Army also as being too unreasonable they onely differed in this that in those last there was no mention made of the Scots In the mean time the Pacificators are invested with no other authority but that of answering the Royal Arguments and of returning Reasons to induce the King to assent they had no power of softening any Proposition or altering the least word nay nor so much as of omitting the Preface Their Instructions likewise bear that they are to acquaint the Parliament with the Kings Concessions and the whole progress of the Negotiation to treat altogether in writing nay and to debate the Propositions as they lay in order not descending to a new Proposition until the former was adjusted Nor was it thought enough that the Conditions and Commissioners were so strictly limited they confine the Conference also to the Town of Newport in the Isle of Wight and the continuance of it to the space of forty days The King also who was to be present at the Conference was so far well treated as to be permitted to come out of his Prison and have that Island allowed him for a larger confinement but upon promise given that he would not depart out the Island within forty days after the conclusion of the Conference and the sly Oligarchick and Democratick Republicans who had a hand in the Councils were the Authors of those scruples and restrictions With great caution the Parliament permitted some of his Majesties necessary Servants by name some Lawyers Divines and a Secretary to be present but not to be admitted into the Conference onely to be without behind the Curtain in the Lobby So that the King alone was singly to sustain the person of a Politician and Divine against the
and scornfully raze out of their Journal as an Act unworthy of Parliament New Orders in place of the former pass in this House of Commons whereby they invade the Government by Votes which before they had snatched by Arms. They first vote That all Power resides in the People Secondly That that Power belongs to the Peoples Representatives meaning themselves in the House of Commons Thirdly That the Votes of the Commons have the force of a Law without the consent of the King or House of Lords a plain Horatian Law that what the lowest Order of the People enacteth binds the whole body of them Fourthly That to take Arms and make War against the Representatives of the People or the Parliament is High-Treason Fifthly That the King himself took up Arms against the Parliament and that therefore he is guilty of all the bloud shed in this Civil War that so they might seem to excuse themselves of the Villany and ought by his own bloud to expiate it These were the Preludes to that most horrid and abominable Villany I tremble to mention it which it behoved them to bring about by degrees for trusting now to their great power which indeed was as great as they thought fit to take to themselves they had the boldness to erect a new Tribunal of most abject wretches against the King to which they give the name of the High Court of Justice thinking that its name might procure it reverence In this Mock-Court they appoint an hundred and fifty Judges that they might in number at least represent the people the most factious Sticklers of the whole Faction to whom they give power of arraigning trying judging and condemning Charles Stuart King of England In the number of these they appoint six Earls out of the House of Lords and the Judges also of the Kingdom lately chosen by themselves But the greater part consist of the Commanders of the Army who first conspired the murder of the King and the Members of the House of Commons who were the most inveterate enemies to Monarchy The rest were Rascals raked out of the Kennel of London or the Neighbourhood Amongst these some were Coblers Brewers Silversmiths and other Mechanicks the greater part were Bankrupt Spend-thrifts Debauchees and Whoremasters who nevertheless by the Disciples of the Sect were called Saints Nay there was none of them but did expect impunity for his cheating the Publick Sacriledge Bribery and other enormous Crimes or did hope to glut his Avarice with the Kings Revenue Houses Furniture or gainful places to be conferred upon him for so bold an attempt or in a word that was not drawn in and allured up to the horrid fact by the tamperings threats and promises of Cromwel Ireton and the other Commanders of the Army In the mean time there was hardly any regard had to the Lords and it was commonly believed that being now terrified by so many and so great dangers they would of their own accords absent from the House except four or five that were slaves to that Republican Faction The Rebels thought that the authority of these was sufficient to confirm any attempt whatsoever as they had already oftener than once experienced Nor indeed were their hopes altogether frustrated However when the matter came to the push their luck proved somewhat worse than they expected for a few Lords used daily to come to the House but that day when the Bill for trying the King was to be brought to the Lords House for their consent unexpectedly seventeen Lords were present who all not excepting those who favoured the Republicans not onely deny their consent but cast the Bill over the Bar as destructive and contrary to Law This inraged the Oligarchick Rebels and put them upon thoughts of revenge taking it hainously that so publick an affront and disgrace had been put upon them However at present they thought it enough to dash all the Lords out of the number of the Kings Judges By and by also the Judges of the Kingdom were struck out of that black List because being privately asked their opinions in that affair though through the interest of this Faction they had been lately by authority of Parliament raised to their places they had answered That it was against the known and received Laws and Customs of England to bring the King to a Tryal For a President of this Court who might match it in fame and reputation they pitch upon one John Bradshaw a base-born broken Pettifogger a fellow of a brazen forehead and an insolent and sawcy tongue who a little before was of no value amongst those of his own Gang. One Cooke they make Attorney-General a fellow of the same stamp poor guilty as was reported of Polygamy who had plaid a thousand tricks and cheats to get Bread and now was ready to do any villany in hopes of profit They privately consult for some days about the matter and form of the Arraignment or the manner of perpetrating the Villany where in drawing the Kings Indictment one Dorislaus a Doctor of the Laws a German who was either banished or had fled his Country took the greatest pains In the mean time all the Presbyterian Ministers of London in a manner and more out of several Counties yea and some out of the Independents also declare against the thing in their Sermons from the Pulpit in Conferences monitory Letters Petitions Protestations and publick Remonstrances They earnestly beg That contrary to so many dreadful Imprecations and Oaths contrary to publick and private Faith confirmed by Declarations and Promises contrary to the Law of Nations the Word of God and sacred Rules of Religion nay and contrary to the welfare of the State they would not defile their own hands and the Kingdom with Royal Bloud The Scots by their Commissioners protest against it The Embassadours of the States General of the Vnited Provinces if they faithfully perform'd their Masters Orders intercede Some English Noblemen to wit the Earl of Southampton the Duke of Richmond the Marquess of Hertford and Earl of Lyndsey c. do what lies in their power they neither spare prayers nor money offer themselves as Hostages or if the Republicans demanded it their lives as being onely guilty if the King had offended in any thing The people whisper their rage for that was all they could now do hardly restraining their unarmed fury Our present King then Prince CHARLES used all means to assist his Father in this danger Besides the Embassadours of the States General whom he had procured to be sent he daily dispatched Agents as well from the Prince of Orange as himself and such as were Relations Kinsmen and Friends to Cromwel Ireton and the rest of the Conspirators who being warranted with full power might by prayers promises threats or what arguments they judged fit either disswade them from that unparallel'd Barbarity or at least for
some time prevail with them to delay the execution of the Villany Nor was Bradshaw the bloudy President secure from violent hands for one Burghill armed with sword and pistol watched him one night behind Gray's Inn-gate when he was to come home late but missing of his designe that night because Bradshaw did not come home next day being betrayed by one Cooke to whom he had discovered the matter he was brought before the Parricides However his Guards being drunk finding an occasion of an escape he saved his own life having onely laid in wait for another mans But all was in vain for the Rebels slighting these things pretend Gods providence and the motions of the Holy Ghost for their warrant and security Peters a brazen-faced Hypocrite who being disgracefully whipt out of Cambridge ever after that clove close to the Schismaticks bids them from the Pulpit Go on and prosper that now was the time When the Saints should bind Princes in chains and their Nobles with fetters of iron so lewdly did that profane Knave interpret holy Scripture telling them That they need not question but this Prophecy was to be fulfilled by them and in the Sermon he addresses himself to the holy Judges the title he thought fit to give them and protests that he was certain there were in the Army five thousand men no less Saints than those that conversed with God himself in Heaven Then kneeling in the Pulpit with flouds of forced tears and lifted up hands he earnestly begs in the name of the People of England That they would do Justice against CHARLES and not suffer Benhadad the enemy to escape Nay he most insolently inveighed against Monarchy it self and straining his virulent wit he relates the History How the Trees chusing a King and the Vine and Olive-tree refusing the office they submitted themselves to the sharper government of the bramble and compared Kingly government to briars By such kind of Arguments he stirs up and confirms those new Judges who of their own nature were already but too much enraged and fiercely bent against the King There was another besides Peters the Preacher an Herald one Serjeant Dendy also employed who being environed with a Guard of Horse for fear of being stoned by sound of Trumpet cited all those to appear who had any crime to object against the King and this he did first in Westminster-hall and then in the most publick places of the City Before these Judges of the new Court the most August Charles already stript of three most flourishing Kingdoms by the Rebels and having now no more but Life to be deprived of is brought without the least signe in his countenance of any discomposure of mind His indictment is read wherein he is accused In the name of the People of England of Treason Tyranny Murders and of all Rapines that were occasioned by the War with the highest aggravations of the Crimes But the whole stress of the Indictment lay in this That he had made War against the Parliament which the Army under the Parliaments pay had long ago trampled under foot scarcely any shadow of it remaining Great was the company of Spectators who with groans sighs and tears lamented the condition of the best of Princes Nor without injustice can I pass over the brave action of the heroick Lady Fairfax Daughter to the Lord Vere who out of a Belcony that lookt into the Court cried out publickly That that was a lye that the tenth part of the People was not guilty of that Villany but that it was a contrivance of the Traytor Cromwel And this she did with great danger of her life The King having heard this Indictment with a majesty in his looks and words that cannot be exprest puts the question to those new Judges By what Authority they brought their King to the Bar contrary to the publick Faith which was very lately made to him when he entered into a Conference with the Members of both Houses By what lawful Authority said he emphatically He knew indeed there were many unlawful and powerful Combinations of men in the world as of Thieves and Robbers by the High-ways He desires they would tell him by what Authority they had taken that Power such as it was upon them and he would be willing to answer but if they could not he bids them think well upon it before they go farther from one sin to a greater That he had a Trust committed to him by God by an ancient and lawful Descent and that he would not betray it by answering to a new and unlawful Authority The President replying That he was brought to answer in the name of the People of England of which he was elected King The King made answer That England was never an Elective Kingdom but an Hereditary Kingdom for near these thousand years That he did stand more for the liberty of the People by rejecting their usurped Power than any of them that came to be his pretended Judges did by supporting it That he did not come there as submitting to the Court That he would stand as much for the Priviledge of the House of Commons as any man there whatsoever but that he saw no House of Lords there that might together with a King constitute a Parliament That if they would shew him a legal authority warranted by the Word of God the Scriptures or warranted by the Constitutions of the Kingdom he would answer for that he did avow that it was as great a sin to withstand lawful Authority as it is to submit to a tyrannical or any ways unlawful Authority The President in the mean time often interrupted him and at length commanding him to be carried back to Prison Yet was the good King a second and a third time brought before the Bar of the Common People where the President puts him in mind of his Indictment and commands him to answer to the Articles brought against him or otherways to listen to his sentence But the King still protested against the Authority of the Court affirming That his life was not so dear to him as his Honour Conscience the Laws and the Liberties of the People which that they might not perish all at once there were great reasons why he could not make his defence before those Judges nor acknowledge a new form of Judicature for what power had ever Subjects or by what Laws was it granted them to erect a Court against their King That it could not be warranted by Gods Laws which on the contrary command obedience to Princes not by the Laws of the Land since by them no Impeachment can lie against the King they all going in his name nor do they allow the House of Commons the power of judging the meanest Subject of England And that lastly that pretended Power could not flow from any Authority or Commission from the People since they had never asked the question of the
tenth man he might have said of the thousandth of the Kingdom The President interrupting him again as before takes him up now more insolently bids him be mindful of his condition tells him that the Court is sufficiently satisfied and do affirm their own Jurisdiction and that no Reasons were to be heard that declined the Authority of the Court But shew me that Court answered the King where Reason is not to be heard We shew it you here replied the President and the next time you come you 'll know more of their pleasure But the King urged That at least he might be permitted to give in his Reasons in writing to which if they could give him satisfaction he would not decline their Jurisdiction Here the President not satisfied to deny his modest suit but falling also into a heat commanded the Prisoner to be carried away who made no other return but this Remember it is your King whom you refuse to hear it will be in vain for my Subjects to expect Justice from you when you will not hear your King make his lawful defence Now the King is the fourth time brought before this unjust Court of Justice where the President in his Scarlet-robe bitterly taxes the King of Contumacy and runs out in commendation of the Patience of the Court He bids him at length submit to the Court or to expect his Sentence But the King constantly refuses to plead before them telling them however That he had something to say that concerned the Peace of the Kingdom and the Liberty of the Subject wherein he desires to be heard before the Lords and Commons Yet they refuse to grant him that favour which is not wont to be denied to men of the meanest condition pretending it would delay and put a stop to Justice To which the King replied That it would be better to admit the delay of a day or two than to hasten a Sentence that might bring on that trouble and perpetual inconvenience to the Kingdom that the Child that is unborn might repent it For if I had had said he respect to my Life more than the Peace of the Kingdom and the Liberties of the Subject certainly I should have made a particular defence for my self for by that at leastwise I might have delayed an ugly Sentence which I believe will pass upon me and that the Zeal to my Country had not overborn the care that I have of my own preservation I should have gone another way to work than I have done Now since a hasty Sentence once past may be sooner repented than recalled I desire that having something to say more for the Peace of the Kingdom and the Liberty of the Subject than for my own particular I may be heard before Sentence be given Upon which Colonel Downs one of the Judges being prickt in Conscience contrary to what had been privately agreed upon amongst the Judges desires that they may withdraw and debate that Proposal privately Though this extreamly vexed the President Cromwel and most of the rest yet that they might not seem publickly to quarrel among themselves they all withdraw into an adjoyning Chamber where Downs being paid off with flouts and jeers intermingled with no small threats they return wonderfully unanimous and agreeing into Court Then the President with the same inhumane barbarity that he began proceeds to Sentence having premised a long Speech wherein he aggravates the Contumacy of the King and the haynousness of the Crime he asserts the Power of Parliaments producing instances both foreign and domestick especially from Scotland how aptly the Scots are to look to it wherein the People have punished their Kings and that the Power of the People of England over their King was not less than that of other Nations that the King's guilt was greater than that of all others seeing that according to the wish of Caligula he had endeavoured to have cut off the head of the whole Nation by undertaking a War against the Parliament Having ended his Harangue he orders the Sentence to be read in these words That whereas the Commons of England in Parliament had appointed them an High Court of Justice for the trying of Charles Steuart King of England before whom he had been three times convented and at first time a Charge of High-Treason and other Crimes and Misdemeanours was read in the behalf of the Kingdom of England c. Which Charge being read unto him as aforesaid he the said Charles Steuart was required to give his Answer but he refused so to do c. For all which Treasons and Crimes the Court doth adjudge That he the said Charles Steuart as a Tyrant Traytor Murderer and a publick Enemy shall be put to death by severing his Head from his Body The Sentence being pronounced sixty seven Judges that were present as lifted up by the conscience of the Villany they had conspired in at the desire of the President the thing having been privately concerted stand up and confirm the same the rest amongst whom was Fairfax for the horrour of the Crime not daring to be present Then was his sacred Majesty hurried away by the Souldiers to be by them most like to his Saviour scoffed at before he suffered who laying aside all reverence to the name of a King as if they led their Captive in triumph with cruel barbarity the aforesaid Peters setting them on whereas in the beginning they cry'd Justice Justice so now they cry Execution Execution like the Jews of old Crucifie him Crucifie him They spit upon his Clothes as he passed by nay one or two had the boldness to spit in his majestick face which one of his Judges a Colonel took notice of to many then present commending the bravery of his Souldiers and more beheld with horrour They blew the smoak of Tobacco a thing which they knew his Majesty hated in his sacred mouth throwing their broken Pipes in his way as he passed along They also enjoyn inhumane rudeness to others beating those who with a hat or bow saluted him as he passed nay whilst one more compassionate than the rest sighing said God have mercy upon him they knockt him down dead Rushing into his Chamber both by day and by night they allowed him no retirement nor any private discourse not so much as with his Chaplain When with much ado they had suffered one Bishop onely I mean of London to have access unto him with loud laughing they interrupt him in paying his Devotions according to the Rite of the Church of England and even then when he was preparing for his last they disturb him with scoffs and frivolous and impertinent Questions But he with great presence of mind whilst they cried out Justice and Execution turning to those that were about him said Alas poor Souls for a piece of money they would do so for their Commanders Wiping off the Spittle when they spit upon him all that
the treachery of the Irish to deliver up to Jones Dublin with the whole Garrison and all that continued in their Duty From that time the Pope's Nuncio Commanded in Chief except in those places which were under Jones Coot and Monck which espoused the Party of the Rump-Parliament He took to himself the whole Power made Laws pronounced Judgments drew up and mustered Armies managed the War and imposed money with an absolute and despotick Authority But by this means he became both hated and despised so that having received one blow after another especially Preston's Forces being defeated by Jones he grew weak both in Men and Authority This opportunity was laid hold upon by Clanricard who Commanded one Army in Vlster and Taff who Commanded another in Munster who having consulted with Inchiqueen resolved upon it as the most expedient course to implore the Royal Assistance again Unite together into one and to send forthwith to the Queen and Prince of Wales to acquaint them with what they had done confessing that the Truce was not faithfully observed and discovering those by whose fault and instigation it was broken They moreover most humbly beg that the Marquess of Ormond may be sent over with Authority and Supplies and engage upon conditions which were not disliked by the King to fight under his Banner till the broken Forces of the Rump-Parliament should be utterly destroyed and his Majesty and they themselves fully restored to their former peace The Popes Nuncio suspecting that matters would fall out so and that the storm which his Government had raised would break over his own head forbids any farther Treaty threatens the Contraveeners with dire Punishments and at length strikes those that persisted in their purpose with the usual Weapon of Excommunication But that blunt Thunderbolt scared no body for they march against him and besiege him in the Town of Galloway Whilst in the mean time the Lord O-brian diverts the Succours that Ouen-Ro-Oneal designed to bring to his Party Then the Pope's Nuncio despairing of relief capitulated for a dishonourable Retreat and departed Whilst these matters were acting the Glorious King Charles the First Murdered by the Hands of Rebel Parricides Crowned his Death with Martyrdome Nevertheless the Marquess of Ormond being rid of that difficulty and having a new Commission and Instructions from King Charles the Second repairs to Corke and shortly after to Kilkenny where a Parliament or Convention of the States of Ireland was then kept and after long Debates on each side they came to a great many Articles of Agreement of which this was the substance After a Recognition whereby they owned his Majesty for Soveraign and lawful King of Ireland and that they would to the utmost defend him with their Lives and Fortunes they agree That the King should give the Irish free liberty of their Religion That if it seemed fit to the Deputies or Commissioners who were appointed to the number of eighteen a Parliament should be called within two Months wherein Papists as well as others should have liberty of free Voting and that the King shall confirm their Acts provided they be not grievous to Protestants All Acts and Decrees past since August 1641 that might be dishonorable to the Irish Nation shall be repealed That all Law Suits Sentences Actions or Processes commenced or determined since that time be wholly abolished and that the Irish be restored to the Lands and Estates whereof they had been dispossessed That all Impediments be removed that were wont to barr the Irish Papists from sitting in Parliament That all Debts be reckoned to be in the same state as they were in in the Year 1641 and that no body be molested nor troubled upon that account That the Lands of the Barons and Nobles in the Counties of Toumond Clare Tipperrary Limmerick Kilkenny and Wicklo be adjudged to the ancient Possessors and their Titles made good by new Acts. That Inns be Erected for the Students in Law wherever the Lord Lieutenant shall think convenient and where Degrees also in the Law may be taken as well as in England That Places and Titles of Honour and beneficial Offices may be free both to Papists and Protestants That the use and Exercise of Arms Commands and Governments may be in the power of the same and that during the War five thousand Irish Foot and two thousand Horse be kept in pay That the Court of Wards be abolished and in lieu of it twelve thousand pounds a year payed into the Kings Exchequer That no Peer have liberty to Vote by Proxy That the Nobles be obliged within five years to purchase Lands a Baron to the value of two hundred pounds a year a Viscount four hundred an Earl six hundred a Marquess eight hundred and a Duke a thousand That they may be free to treat of the independance of the Parliament of Ireland upon that of England That those of the Kings Privy-Council shall meddle with no Affairs but the Publick That Suits about Titles be referred to the Judges of the Kingdom to whom it belongs to try them That the Acts against the Exportation of Irish Wool Tallow and other Goods out of the Kingdom be repealed That they who have been under any pretext Fined or Punished in the County of Ulster since the first of King James shall be relieved according to Equity That the Inhabitants and Citizens of Corke Youghal and Dungarban be restored to their Possessions that they were turned out of in the beginning of the War provided they give Security for their Loyalty and that they shall not be troublesome to the Garrisons That an Act of Oblivion be past of all things before committed those excepted who stand guilty of Barbarous and Inhumane Crimes That it be lawful to none of the Nobles to Farm the Customes That Laws be made against Monopolies That the Jurisdiction of the Court called Castle-Chamber be moderated That the Law be abrogated which ordained That Horses should not draw the Plow by the Tail and that the Straw should not be burnt to separate the Corn from it That Law Suits about Sea Matters shall be decided in the Chancery of Ireland That for the future all Actions about the want of Title shall be suppressed if the owners have from ancient times possessed the Lands by any Right That also all Interest for Moneys since the beginning of the Troubles be discharged and that for the following years it exceed not five per Cent. a Year That the Deputies or Commissioners shall impose sufficient Taxes for carrying on the War both by Sea and Land either by way of Excise or any other way that they shall judge most convenient for the Publick That Justices of the Peace shall have Power to determine Suits under the value of ten Shillings That the Governours of the Popish Perswasion enjoy the Governments and Commands that they are at present in possession of That the Tenths of taken Ships and
and the suspicion of a sudden Insurrection again amongst the Irish because they parted so easily with their Inheritances is laid at their door as a ruine We purposely pass by matters of less importance least what we are about by the by should swell up to too vast a bulk The Officers of the Army what by craft and what by force turning Richard out of the Supream Power and the Rump-Parliament after five years interment being raised again from the dead the eyes of all are fixed upon Henry It was thought by some that he would defend his own Authority and vindicate that of his Brother Others hoped that he would favour the Royal Cause and so make his interest with the King the Navy especially giving no obscure marks of their inclination and the Army and Kingdom of Ireland being ready enough to promote such an Enterprize Nor dare I swear that he entertain'd no such Projects But the Lord Broghill and Coot deserting him in dubious Affairs and Steel and Tomlinson old Commissioners managing and Waller and Corbet new ones continually solliciting him he at length resigns himself to the Will and Pleasure of the Rump-Parliament and returns into England there to give an account of his administration Hitherto we have dwelt in Ireland that without interruption we might give the Reader an account of the Affairs of that Kingdom Now bringing our discourse back to former years we must return to the Democratical Republicans who after the murder of the King swayed Affairs in England under the Olygarchicks These being upstarts promoted for the most part men of their own Edition to places of honour and profit Which the Londoners took so ill that the Mayor and Aldermen came and petitioned the Rump-Parliament that the cheif Citizens or that some of them at least might be again admitted into the common Council of the City These were about three hundred whom either age or wealth at least recommended But the year before the Rump-Parliament had turned a great many of them out and judged them unworthy of carrying any office in the City for no other reason but because they had signed the Petition making Peace with the King which the greater and sounder part of the Parliament were also for But that desire of the Mayor and Aldermen though they seriously alledged the want of ingenious and honest men of moderate Estates for discharging the offices of the City is rejected with contempt nor would they have any but the Riff Raff and inconsiderable rable to manage Publick Affairs as being such who measured good and evil according to the will and pleasure of their Masters Whil'st these things are carried on at London CHARLES the Second was not asleep nor did he neglect his Affairs though the Regicides carried all before them in England but moves every stone and leaves nothing unessayd that the wit and power of man could devise or execrate for resetling the undone Nations asserting the publick Liberty and the Regicide being revenged recovering his ancient Inheritance He implores the assistance of Foreign Kings and Princes who are all equally concerned according to the Supream Power they have received from God and their common duty to give Sanctuary to the oppressed but especially to Kings whom above all men living they ought to protect not only upon the account of Kindred and Cognation but also for fear of Contagion least the horrid example of Rebellion might have an influence upon their own Subjects that if perchance they should be reduced to the like streights they might likewise obtain the like help and assistance He sends Ambassadours to the Emperour and German Princes to the Grand Signior the great Duke of Moscovie the Kings of Poland Denmark and Sweden to the republick of Venice and the States General of the united Provinces He sends into Spain from whence he had the greatest expectation the Lord Edward Hide who had formerly been Lord cheif Baron of the Exchequer and was afterwards Lord Chancellor and Earl of Clarendon whose Iuvenile and vegete wit might put life into the aged head of Cottington In France besides a particular Ambassadour the Queen Mother and Duke of York were there and the King himself to sollicite his own affairs But alass almost every where unsuccessfully the distance of place hindering the aid of some and either the want of money domestick seditions or dangers from neigbours obstructing the assistances of others None are touched with the sence or pity of the Calamities of another The Ottoman Court dealt barbarously in that for a little money they delivered up the Ambassadour Henry Hide a most accomplished Gentleman into the hands of the Rump-Parliament who being brought over into England for his unshaken Loyalty without any pretext of ancient Law he was beheaded before the Royal Exchange in London France with promises gives hope of large assistance so long as they could procure any help from the Subjects of the King of England especially from James Duke of YORK who commanding the English and Irish that served the French in Flanders had given many Noble and Illustrious proofs of his Heroick Valour and Courage Until that Blake had beaten the French Fleet under the Command of the Duke of Vendosme which came to the relief of Dunkirk at that time besieged by the Spaniards Then they sent Burdex to treat of peace at London whil'st the Regicides expected no less than a declaration of War And having afterwards entred into a strict allyance they inwardly rejoyced that the Kings Majesty was deluded and no small stop put to the fury of the Rebels The Spaniard seemed to be grieved at the Kings Murder but excused himself that it did not belong to him to determine about the controversies of England nor did he take pleasure to meddle in other Peoples Affairs out of his own Terrritories but that in the mean time he should be ready to do the King all the kindness he could within his Countries Nevertheless not long after Ascham being killed which I shall shortly relate he was the first King who Commanded his Hedge Ambassadour Don Alonso de Cardenas to Worship the rising sun of the Common-wealth wish the Parrcides all happiness intreat the continuance of Friendship and good Correspondence betwixt his Kingdomes and the New Common-wealth and promised severely to punish the Wicked Murderers of Ascham Now there are some not obscure Reasons why the great Mind of so Wise a King was by so unexpected a change that rather discovered than altered his Inclinations brought over to the contrary side For besides Ancient and Paternal enmities with Queen Elizabeth Philip himself had particular Quarrels against Charles It wounded him deep that his Sister being courted in Marriage even so far as to have had an interview and conference with her she should afterwards be slighted for a Daughter of France though a Princess of extraordinary Worth Besides the old offence
place standing in the middle of the Forth leaving behind them sixteen piece of Cannon and Blackness Brantiland also on the other side of the Frith over against Leeth surrenders no less disgracefully delivering up the Guns Ammunition and Ships Cromwell being informed of these successes would not lose time by waiting the motions of the King's Army Wherefore he passed over to Brantiland whence sending Whaley to take in the smaller Garrisons which lay upon the Coast of Fiffe he himself marches towards St. Johnston which the King had entrusted to the defence of the Lord Duffus with twelve hundred men though to no purpose For Cromwell having drained the water out of the Mote and Ditches and battering the Walls with his Cannon forces a surrender of the place Cromwell being now at a great distance from Sterling and wholely taken up about these matters the King having given the best Orders he could about the Affairs of Scotland sets out upon his march into England that in that Kingdom of his he might try his fate which had been very cross to him in the other Therefore on the last of July one thousand six hundred fifty one at Carlisle he enters England with about fourteen thousand men Horse and Foot But the Soldiers march with so much hardship and so severe discipline that hardly any Age hath seen the like so that from Carlisle to Worcester about two hundred Miles distant from one another no man much less any house received the least injury if you 'l except the breaking of one Orchard and the taking of four or five Apples for which notwithstanding the Soldier that committed it was presently shot to Death In all places on their march the Garrisons are summoned in the Kings name to surrender but without any success And in the more eminent places by Heralds CHARLES the Second is proclaimed King of England Scotland France and Ireland the people in the mean while being in great Consternation So soon as the news of this expedition was by Post brought to the Rump-Parliament and the report flying that the King having mounted his Soldiers on Horses which he found upon the Rode hastened his March towards London as it is common to fear to make dangers far greater than they are such Horror and Consternation invaded the minds of the Parricides and Rebels that in despair they began to cast about for lurking holes and places of escape and accused Cromwell of rashness and precipitancy Until they had notice that the King had diverted to Worcester and received fresh comforts from Cromwell's Letters who bad them be of good cheer and use their utmost force to obviat that last danger and wholely destroy the Enemy Harrison on the left hand with three thousand Horse waited the motion of the King's Army being for that end left behind on the Borders of England after followed Lambert with two thousand both as occasion offered harassing and hindering them in their March At Warrington Bridge they made the chiefest attempt to hinder the King's Forces to pass it But before the Bridge could be cut Lambert's men being engaged and forced to retreat the Scots get over And now leaving London Rode they resolve to rest at Worcester a City scituated upon the Savern from whence they hoped to receive succours from Wales and make great levies in Glocester and Oxford shires by the means of Muffey who heretofore had with reputation been Governour of Glocester for the Parliament Thither therefore they march and having met with one repulse from some of the Paliament Souldiers that were there by chance they possess the City but were much weakened and impaired in strength by the tediousness and length of the march From hence the Kings Majesty by Letters invites the Lord Mayor and Common-Council of London to Arm for his Defence and for their own just Liberties promising Pardon to all for what was past except the Murderers of his Father But these Letters are burnt at the Royal Exchange by the Hand of the Common Hangman a Copie of them is also burnt by the Hand of the Speaker Lental at a general Muster of the Trained-bands of London in Moor-fields The King presently after his arrival in Pitchford-field near Worcester by Proclamation Commands all from sixteen to sixty years of Age according to the Ancient Laws of the Kingdom to come to his Assistance In obedience to that Proclamation shortly after Francis Lord Talbot eldest Son of the Earl of Shreusbury with sixty Horse Thomas Hornihold with fourty John Mashburn with fourty John Parkinton Walter Blunt Ralph Clair and many more both Knights and Esquires besides two thousand common People come in this desperate State of Affairs to hazard their Lives in the Kings Service The conjunction of these makes in all fourteen thousand two thousand Scots either for fear or because of the tediousness of the March having dropt off by the way Why more did not come into the Kings Camp any Man may guess at the reason of it to wit That the late suppression of the Insurrection of the Welsh Londoners and Norfolk and Suffolk Men and the cruelty of the Rump-Parliament in punishing the fruitless attempts of rising run in all Peoples Minds Besides the sudden and unexpected coming of the King gave no truce to the well affected of animating one another and of associating for his Service Nor lastly could the injuries done by the Scots not long before in England be got out of the Minds of the English it seeming much the same to them whether they suffered Bondage under the Tyranny of their Countrey-men or the Insolence of the Scots And above all we are to consider the great diligence of the Republicans of both sorts in stirring up the Countries encreasing their Forces and in observing and suppressing those who were Loyal to the King Cromwell who left Monck in Scotland with Eight thousand Men to carry on his Victories there being now come back into England animates with new Vigour the Forces of the Rebel-Parricides and presently joyning his Men with Lambert Harrison Gray and Fleetwood and those who from all parts came flocking in partly voluntarily and partly by compulsion he made up an Army if some be not mistaken in their reckoning of fourscore thousand Men and more whom he posts round the City of Worcester But the brave though unfortunate attempts of the Earl of Derby which happened about that time are not to be past over in silence He with a small handful of two hundred and fifty Men from his own Isle of Man arrived at a little Town in Lancashire and in that Countrey raised almost fif●n hundred Men with whom he marches to ●chester there to joyn five hundred more b● to his misfortune he met with Lilburn a Colonel of the Rump-Parliament Forces with sixteen hundred Men. For coming presently to blow up the Town of Wigan after a smart conflict the
Church Those Bishops who had survived the fury of the Hereticks he restored to their Sees and chose others conspicuous for Primitive Piety Learning and a good Life in place of those that were dead who with the same Piety and Humility that they had suffered the Reproaches of Sectarians and born the Calamities of a Civil War now in their old age carried the Miter and governed the Church of God The King made Juxon Archbishop of Canterbury and primate of all England a Prelate of Primitive Piety venerable both in his books and words heretofore Confessor to Charles the Martyr and his Assistent to the last whilst amidst the fury and reproaches of bloudy Traytors he took his leave of this world Et nullo gemitu consensit ad ictum Despexitque nefas When without sighing he received that Blow And bravely scorn'd the Villanies below And now it was no small comfort to many that they to whom the Parricides had formerly been liberal were as poor as those whom they had robbed but it was fit that Clemency should usher in the new Administration of the Government and therefore Charles imitating God Almighty in mercifulness past in Parliament an Act of Indemnity and Oblivion for all his Subjects except those who had embrewed their hands in his Fathers Bloud the rest of the guilty Rebels being wonderfully pardoned but whether with greater Policy or Mercy let Posterity judge The King now secure in his own Majesty and the Loyalty of his Subjects resolved to disband the Army which for so many years had been the Burden and Grievance of the Nation for the paying of which a Tax by way of Poll was imposed on every head in England The Souldiers had also a Donative bestowed upon them and many of the Officers were rewarded according to their merit Amidst the Joys wherewith the first three months of his Majesties government was blessed Henry Duke of Gloucester fell sick and was fatally too soon snatched out of this world by the Small Pox so much the more lamented by the King his Brother and by the Kingdom that at twenty years of age he had given such sublime proofs of his Princely Accomplishments And this alone may seem an Eclipse of the Glory of Charles that almost in his own triumph he beheld the Funeral of his dear Brother Manibus date Lilia plenis Purpureos spargam flores Bring plenty of white Lillies to his Herse Whilst sad there the purple Rose disperse The affairs of England being setled Scotland and Ireland were to be taken care of The King therefore appointed Privy-Councils of the most Loyal Subjects of both Kingdoms to manage the Government till he might advise about calling a Parliament in Scotland and sending over a Lord Lieutenant into Ireland After the dutiful Addresses of his Subjects at home the neighbouring Kings of France Sweden Denmark and many Princes of Germany by honourable Embassies congratulate the Kings happy Restauration all which were outdone by the pompous and splendid train of the Prince Ligny Embassadour from the Catholick King And now it was time to bring the Murderers of Charles the Martyr to their Tryals many of whom were before clapt up in Prison others fled away secretly and wandered in foraign and distant Countries and some trusting to the hopes of a Pardon obeyed the Kings Proclamation and freely surrendred themselves Therefore on the tenth of October Harrison Carew Clements Jones Scot and Scroop who had been of the number of the Judges that condemned the King Cooke Attorney-General the famous infamous Peters Chaplain to the Traytors Axiell and Hacker Commanders of the Guards were brought to the Bar not before an accursed and new-made High Court of Justice but according to the ancient Laws of the Kingdom before the chief Justices and the rest of the Kings Justices to be tryed by a Jury of Twelve men after the usual manner of England They were chiefly charged by the Attorney-General and the Kings Council That they the aforesaid Traytors and others guilty of High-Treason conspiring with an accursed Army of Fanaticks had carried away to Prison King Charles securely treating a Peace with the two Houses of Parliament which was almost concluded in the Isle of Wight So that the House of Lords being abrogated and the founder Members of the Commons six and forty Villains that remained took to themselves the name of a Parliament invaded the Government and decreed to bring the King to a Tryal By whose authority these Parricides an High Court of Justice being impudently constituted had condemned and caused to be put to death the King of England who was above the Laws contrary to the will and to the great grief of the People To their Indictment rightly laid and fully proved having made many false and frivolous Answers concerning the supreme authority of the Parliament which indeed in this case had no authority at all they were by the Verdict of a Jury of Twelve men found guilty of and condemned for High-Treason The same Verdict past also upon nineteen other of the Kings Judges but with a different event as shall be mentioned in the proper place On the third of October a Gibbet was set up at Charing-cross near Whitehall whither in the morning Harrison being brought the first of the surviving Regicides both in guilt and punishment with the same madness and obstinacy as he had behaved himself at his tryal the cruel Traytor affecting an undauntedness at his death was hang'd and quarter'd as he well deserved CAROLE tuis jam Victima mittitur umbris Nec satis hoc fortuna putat procul absit ut ista Vindictae sit summa tui Great CHARLES a Victim to thy Ghost does fall And yet thy Fates are not appeas'd no all That just Revenge is not yet paid that shall Harrison rather of a base than low Birth was the Son of a Butcher bred at first a Pettifogging Country-Attorney but in the heat of the Civil Wars when the onely way to get into Power was Fanaticism and Treason he fled to the Rebellious Army and there turning a furious Anabaptist and advanced to be a Colonel he grew very intimate with Cromwel and his Competitor in Villany But being a proud and haughty fellow and a most desperate Republican he fell out and was highly displeased with Oliver when he was made Protector not that he hated the Tyrant Cromwel but disdained to be outstripped and to submit to one who from a fellow-Souldier was become his Prince Carew came next and suffered the like death but his Relations who had served the King in the Wars obtained as a mark of favour the liberty of burying his body which was the same night obscurely performed The day following Cook and Peters in the same place suffered the same punishment where Peters by a drunken and base death disgraced his infamous life Cook was an obscure ragged beggarly Lawyer and ambitious to get a
for the deceased or sung their Praises in hanging Elegies his Poetry surpassing his Oratory especially when he treated of such monstrous subjects Strangers may perhaps wonder and no less our Posterity at home that such base and contemptible fellows many of them Brewers others who drank as they had brewed and spent their Estates and some again whose ignominious Poverty was a scandal to the Nation should overturn the flourishing state of England and get to the top of Authority and Government Would we know the cause of it These were the Spoils and these the Trophies of Heresie which taking its rise from the Sermonizing Presbyterian Ministers increased by the Independants hurried on by the Kennel of all the Sectarians and by a kind of flying Contagion spread over all the Forces could not be stopt till they had shed the Royal Bloud subverted the Parliament and made one ruinous heap of all good Subjects Some time before September the twenty third the Princess of Orange was come into her Native Country more fatal to her than a foreign Land to congratulate his Majesties return but falling sick of the Small Pox at London on Christmas-Eve she died being snatched away amidst the Triumphs and fresh Lawrels of her Brother Charles she onely shared in the adverse fortune of her Family and renewed the Mourning wherein the Court still was for the untimely death of the Duke of Gloucester I shall begin the year with the Solemnities of the Coronation of King Charles On the two and twentieth of May the King from the Tower of London as the custom is at the Coronation of our Kings passed through the City where in honour of so great a Solemnity the Citizens of London in the more eminent places of the streets erected four Triumphal Arches of a vast height and bigness elaborate Pieces of Art and exquisite Engines of Pomp bearing Inscriptions and Devices and adorned with Painting and gilding The first Arch bore in its Frontispice the Triumph of Charles upon his return To CHARLES the II. By the grace of G. K. of G. Brit. To the Best and Greatest And ever most Venerable Ever most August The most Happy most Pious Who was born for our Good Who of his Native Britain And of Mankind in general Has deserved most To the Father of our Country The Extinguisher of Tyranny The Restorer of our Liberty The Founder of our Quiet In memory of his happy And long-desired Restitution We Willingly and Joyfully Have placed this S. P. Q. L. CAROLO II. D. G. Britanniarum Imp. Optim Maxim Vbique Venerando Semper Aug. Beatissimo Piissimo Bono Reip. Nato De Avitâ Britan. De omnium Hominum genere Meritissimo P. P. Extinctori Tyrannidis Restitutori Libertatis Fundatori Quietis Ob Faelicem Reditum Ex voto L. M. P. S. P. Q. L. The second being a Naval bore this Inscription To the British Neptune CHARLES the II. By whose Authority The Sea Is free or restrain'd NEPTVNO Britannico CAROLO II. Cujus Arbitrio Mare Vel Liberum vel Clausum The third placed in the middle of the City represented the Temple of Concord with this Inscription The Temple of CONCORD Erected in honour of the best of Princes By whose return The British Sea and Land being appeas'd and By its ancient Laws reform'd He has restored Enlarged and adorned it S. P. Q. L. Aedem CONCORDIAE In Honorem Optimi Principis Cujus Adventu Britannia Terrâ Marique Pacata Et Priscis Legibus Reformata est Ampliorem Splendidioremque Restituit S. P. Q. L. The last exhibited the Garden of Plenty and Cornucopia's with the Statues of Bac●bus Ceres Flora and Pomana with this Inscription To Plenty and to Augustus The fire of Civil War Being Extinguished And the Temple of War shut This Lofty Altar Was built by the S. A. P. O. L. VBERTATI Aug. Extincto Belli Civilis Incendio Clausoque Jani Templo Aram Celsiss Construxit S. P. Q. L. Under all these the King rode on horse-back streight to his Palace in a triumphant manner with Trumpets Musick and the joyful Acclamations of the People being attended by the Nobility his Majesties Ministers and Servants the Heralds Kings at Arms the Kings Judges and Knights of the Bath The solemnity of this day though it was not so great in the number of Attendents yet in richness and splendour of Cloaths and Arms it surpassed the triumphant Entry of the King upon his return Next morning the King was in great pomp conducted to Westminster-Abbey where in his Imperial Robes the Prelates in their Myters and the Nobles in their Parliament-Robes conducted him to his Throne and the Archbishop of Canterbury anointed him with the sacred Oyl Afterwards all the ancient and usual Ceremonies upon such occasions were performed ¶ The Author of this History designing the utmost brevity hath not mentioned any of these Ceremonies but Mr. Philips in his Continuation of Dr. Richard Baker's Chronicle has very exactly set forth all the Rituals then used but hath omitted the Coronation-Oath and onely given an Epitom of it and there having of late years been strange Pretences raised upon the account of this Oath it is thought fit to insert the same here from Mr. Sanderson's History of Charles the First with that variety of Circumstances which were used in the Coronation here mentioned expressed by Mr. Philips Coronation-Oath SIR said the Bishop of London will you grant and keep and by your Oath confirm to the People of England the Laws and Customs to them granted by the Kings of England your Lawful and Religious Predecessors and namely the Laws Customs and Franchises granted to the Clergie by the Glorious King St. Edward your Predecessor according to the Laws of God the true Profession of the Gospel established in this Kingdom agreeable to the Prerogative of the Kings thereof and the ancient Customs of the Realm The King's Answer I grant and promise to keep them Bishop Sir Will you keep Peace and goodly Agreement according to your power both to God the holy Church the Clergie and the People King I will keep it Bishop Sir Will you to your power cause Law Justice and Discretion with Mercy and Truth to be executed to your Judgment King I will Bishop Sir Will you grant to hold and keep the Laws and rightful Customs which the Commonalty of this Kingdom have and will you defend and uphold them to the honour of God so much as in you lieth King I grant and promise so to do Then the Bishop of Rochester read this Admonition to the King before the People with a loud voice Our Lord and King we beseech you to pardon and to grant and to preserve unto us and to the Churches committed to your charge all Canonical Priviledges and do Law and Justice and that you would protect and defend us as every good King to his Kingdoms ought to be Protector and Defender of the Bishops and the
the King who on the first of February returned from Oxford to London where the Bonfires during the night expressed the hearty Joys of the People glad to see their Prince and that he saw the City now again in health Neighbouring Nations as yet looked at a distance upon the bloudy War betwixt the English and Dutch But Louis the French King powerful in men and money after he had for some time stood neutral thought and hoped that the Dutch and we having mutually weakened and tired our selves out in War he might have a fair opportunity to raise his power at Sea though the genius of that Nation seems not to be cut out for that profession He therefore smoothed up the Dutch with promises of assisting them with his Fleet being willing that they should have the dominion over the Seas whom he intended to conquer by Land and thereupon declared War against the English which was reciprocally proclaimed in London against the French In the same condition we stood with Denmark that the triumphs of Charles might be the larger Now besides the Dutch our Rivals at Sea the English Valour alone as yet unshaken resisted the threatning French and Denmark then alied with Holland as was equal to them all The affairs of England never succeeded better at Sea than under the auspicious conduct of his Royal Highness James Duke of York who always prefered the welfare of his Country before his own life yet he was dearer to the King and Kingdom being the second hopes of Britain than that his Princely person born to the highest Honours should be any more exposed to so mean and base an Enemy Therefore in the year one thousand six hundred and sixty six Prince Rupert and the Duke of Albemarle were pitched upon for the command of the Royal Navy who going on board equal in Power and Concord they put to Sea with a Fleet well appointed for War but presently after Prince Rupert by Letters from the Privy-Council has orders sent him in all haste with twenty good Frigats of the Fleet and others lying at Portsmouth to stand over for the Coast of France and hinder the French Fleet from joyning the Dutch I would to God it had not been judged of such an importance to make so great an effort to hinder the coming up of an Enemy who would not have much injured us nor assisted their Friends nor was there any thing to be feared from the French Fleet after the late overthrow of the Dutch But they laying hold of the opportunity of the English Fleet being divided and never fighting but by wiles and upon the advantage of number with fourscore and five Men of War attack the Royal Navy now much diminished in number With Albemarle there were not above fifty Frigats but he being a General without fear unacquainted with flight and judging nothing too hard for his fortune despised the Enemy which so far surpassed him as if they had been inferiour to him in number so confident a thing is Courage and preferring Glory before Safety on the first of June the day being pretty far advanced he drew up his Fleet and bravely engaged the Dutch Here number strove with Valour but the Sea being rough the English could not then use their lower tire of Guns which never failed to shatter and tear their Enemies Albemarle did great actions in this Engagement and everywhere behaved himself bravely being fearless amidst the thickest dangers and bold to admiration for bearing down with his own Ship upon the Enemies main Fleet he broke quite through them furiously firing on both sides till at length having given and received great loss and being disabled in his Masts Sails and Rigging he bore off Part of the Royal Fleet defended the Duke whilst he refitted his Ship and the rest continued obstinate in the Engagement till they were parted by the night In this Engagement four Dutch Ships were burnt and a Vice-Admiral and another of a less value sunk And the Dutch took three English Ships who being separated from the rest of the Fleet were engaged at a distance The Royal Fleet in the mean time suffered most in their Rigging and Tackle but all things by the diligence of the Sea-men being repaired in the night-time next morning the second of June Albemarle having called the Commanders to a Council of War on board his own Ship spake to them to this purpose HAd we been afraid of the double number of the Enemy we should have ran for it yesterday but though we be inferiour to them in Ships in all things else we have the better on 't Number made the Dutch bold and Courage us let us reflect upon that Fortune upon that Valour which heretofore the Dutch have felt to their woful experience we have the same Enemy to deal with whom we have so often beaten and made it our custom so often to overcome Let our Adversaries find to day that though our Fleet be divided our Courage is entire and when we consider our own Glory and ancient Renown how much more honourable will it be to die not unrevenged upon the Seas than to be carried Prisoners in our own Ships as a Spectacle of Triumph to the Dutch It is less disgrace to be overcome than to flie and Death is to be preferred before Fear The Fleet thus encouraged equally despising their own safety and their too numerous Enemy and being eager to retrieve their Honour all desire an Engagement and Albemarle confident in his own Valour and in the eagerness of his Souldiers declined not the Fight so that both Fleets fell to it afresh and engaged Pell-mell The English whose courage is redoubled by danger put the Enemy hard to it though they had had a fresh supply of Ships Men and Ammunition from Holland The Royal Fleet being incompassed by so many Dutch Ships had nothing else to trust to but to fight stoutly and make way for themselves in the best manner they could till at length many of the English Ships being disabled in their Sails and Rigging stood away and left the rest to deal with and maul the Enemy The Dutch sunk one Ship of the Royal Fleet and we our selves destroyed another that could not be brought off The Dutch in the mean time had but one Vice-Admiral Ship burnt and in this days Engagement with so numerous an Enemy it was a harder thing for us to keep our selves from being beaten than it was many times heretofore to have overcome them But after that with more than humane force and courage they had asserted their own Honour and the Glory of Britain lest they might make that Engagement which the resolution of the English had rendred famous by an inconsiderate boldness to be thought rash it was next day resolved in a Council of War to send off first the disabled Ships draw up the rest that were in a condition of fighting which were not above sixteen to make head