Council great Officers and Ministers of State may be put out except such as the Parliament shall approve and that an Oath be tendered them 2. That all Affairs of State be managed by the Parliament except such matters as are transferr'd by them to the Privy Council and to be concluded by the major part of the Nobility under their hands the full number not to exceed twenty five nor to be under Fifteen If any place shall fall Void in the interval of Parliament then that the major part of the Council chuse one to be confirmed at the next Session of Parliament 3. That all great Officers of the Kingdom shall be chosen with Approbation of Parliament 4. That the Government and Education of the Kings Children be by appointment of Parliament 5. That their Marriages be treated and concluded by Parliament 6. That the Laws against Papists Priests and others be executed without Toleration or Dispensation except by Parliament 7. That no Popish Lord or Peer have Vote in Parliament and their Children be educated in the Protestant Faith 8. That Church Government be reformed as the Parliament shall advise 9. That the Militia be settled as the Parliament have ordered and that the King recall all his Declarations published against their Ordinances therein 10. That all Privy Councellors and Judges take an Oath for the maintenance of The Petition of Right and other Statutes which shall be made this Parliament 11. That all Officers placed by Parliament hold their places Quam diu bene segesserint as long as they shall act justly 12. That all Members of Parliament put out during this time be restored again 13. That the Justice of Parliament pass upon all Delinquents and that they appear or abide their censure 14. That the general Pardon pass with Exceptions as the Parliament shall advise 15. That all Forts and Castles of this Kingdom be disposed of by Parliament 16. That the King discharge all his Guards and Forces now in being and not raise any other but in case of actual Rebellion 17. That the King enter into strict Alliance with all Protestant Kingdoms and States for their Assistance to recover the Rights of his Sister and her Princely Issue to those Dignities and Dominions which belong to them 18. That the Lord Kimbolton and the Five Members be cleared by Act of Parliament 19. That no Peer hereafter to be made shall sit in Parliament without their consent These propositions were rejected by the King as inconsistent with his Regality so that now Men began to dispair of any good issue for both sides make preparations for War The King sending out his Commissions of Array and the Parliament published an Order June 10. for bringing in money or plate to maintain the Horse Horse-men and Arms for the publick peace and defence of the King and both Houses of Parliament and declared the Kings Commission to be against the Law Liberty and property of the Subject and the Actors therein to be disturbers of the peace and Betrayers of the Subjects Liberty At this time the Lord keeper Littleton having delivered the Great Seal to one Eliot whom the King sent for it durst not stay behind for fear of being questioned but went to the King to York as many of the Peers did likewise whom the King summoning together as also his Privy Council he declares and protests to them That he would not Usurp any Illegal Authority over them but is ready to maintain them against all others that would And that he would defend them from all Votes and Orders of Parliament together with the true Protestant Religion the lawful Liberty of the Subject and the just Priviledges of the Three Estates of Parliament nor will he Engage them in any War but what shall be for the necessary defence of his and their rights Whereupon they all ingaged to him their Duty and Allegiance in a most Solemn-Protestation After which the King sent Letters to Sir Rich. Gurney L. Mayor and the Aldermen and Sheriffs of London forbidding them upon peril of having their Charter questioned to levy Arms or raise Money upon pretence of a Guard to the Parliament or any other Account except only the relief of Ireland or the payment of the Scotch Subjects At this time the King publisheth a General Declaration wherein he descants upon all the Parliaments Declarations for the last 7 Months but especially the last professing that hence forward he expects they should break out into disloyal Actions declaims against their making the defence of the King to be the pretence for their raising Forces protests his own constant Resolution for the preserving of Peace Religion the Laws and Subjects Liberties and expects all his Subjects to assist him against the Traiterous Attempts of such Men as would destroy his Person Honour and Estate and bring on a Civil War engaging that whosoever shall bring to him Money Ammunition Horse or Arms shall receive Eight Pound per Cent. Consideration and have good Assurance of both Principal and Interest upon his Forrest Lands Parks and Houses After this the King by Proclamation forbids all Levies of Forces and all Contributions to such Levies without his express pleasure grounding it upon several Statutes as 7 Edw. 1. 2 Edw. 3. And then minds them of their Oath of Allegiance by which they were bound to be Faithful not to the King only as King but to his Person as King Charles contrary to the Parliaments distinction betwixt his Person and his Authority his Person at York and his Authority in Parliament and concludes with justifying his Commission of Array which were now Issued out in several Counties in England and Wales to this the Parliament reply and the King again to them which was followed by several Messages to and fro all which rather exasperated than allayed the difference and now began England to be divided as Italy once was into Guelphes and Gibbellines so they into Rovallists and Presbyterians or Cavaleers and Roundheads After this the King makes a Progress from York into the Counties of Nottingham and Lincoln and Summons the Gentlemen and Freeholders to Newark he Caresses them with the most obliging expressions imaginable And July 11 1642 His Majesty sends a Message to the Parliament to Certifie them of his Intentions to reduce Hull by force if not forthwith delivered to him which if they should do he would then admit of their future Addresses and return such Propositions as might best conduce to prevent the approaching War together with this Message he sent them likewise a Copy of the Proclamation which he had publish'd against Sir J. Hotham wherein he complains of the Affront done to his Person by Sir J. and of the Parl. justifying that Action by their Votes and Orders That Hotham having fortified the Town and drown'd the Countrey had also set out a Pinnace at Sea which had intercepted his Pacquet Boat with the Queens Letters and that the E. of Warwick contrary to the Kings Command
his Secretary of Scotland that he expects their particular demands which he receives in three days all tending to require a Parliament to be called in England without which there could be no satisfactory redress for them they had likewise before their March into England published a Declaration called The Intentions of the Army viz. Not to lay down Arms till the Reformed Religion were setled in both Nations upon sure grounds and the Causes and Abbettors of their present Troubles that is Arch-Bishop Laud and the Earl of Strafford were brought to publick Justice in Parliament At the same time Twelve English Peers that is the Earls of Bedford Hartford Essex Warwick Mulgrave Bristol Bullingbrook Say and Seal Mandevil Howard Brook and Paget drew up a Petition which they delivered to the King for the sitting of the Parliament After which divers others were presented to the same purpose from the City of London and several other parts of the Kingdom all centring in this that nothing could relieve the Pressures of the Kingdom but a Parliament To this the King condescends in part giving hope likewise of further satisfaction ere long and 〈◊〉 the present Summons the Lords to appear at Yorâ— Sep. 24. which they did and upon the first day oâ— their meeting it was agreed That a Parliameâ—â— should be called to meet November 3 following anâ— then for the relief of the North sorely suffering under Leslies Army the Bishoprick of Durham beinâ— then taxed 360 l. and Northumberland 300 l. a day it was resolved that a Treaty should be set on Fooâ— and that Sixteen English Lords should meet with as many Scots and York was proposed for the placâ— of Treaty which the Scotch Commissioners refused as not judging it safe by reason of the presence oâ— the Earl of Strafford who hath proclaimed them Traytors in Ireland and was now chief Commander of the Kings Army and a Capital Enemy to their Nation and against whom they had matter of high Complaint therefore it was concluded to be held at Rippon where among other things it was agreed that the Scotch Army should be maintained by the English till the Treaty was ended and peace secured that there should be a safe Convoy for all Letters between the Scots and the Parliament of England The first of these Articles seemed unreasonable and dishonourable to the English Nation and the Earl of Strafford was so offended thereat that he desired leave of the King to give them Battel and was willing as he writ to Arch-Bishop Laud to undertake upon the Peril of his Head with his Army of English Grashoppers to beat those Sons of Anak home again for so much Superlour were the Scots then accounted to the English as to matter of Souldiers but October 16. the English Commanders whether through Fear Favour or out of a Political Maxim not to fight against the Scots condescended to Articles of Agreement which were afterward signed by the King himself This Treaty of Rippon was but previous to another of higher Importance at London for a general concluding and making up all differences between the King and his Subjects of Scotland during which Treaty James Earl of Montross made several Applications to the King and by Letters offered his service to him testifying his disslike of the Scotâ—ish Proceedings but these his Letters were said to have been secretly taken out of the Kings Pockets and conveyed to the Covenanters by the means of Hamilton who understanding Montross his design used all means to render him odious to the People and so unserviceable to the King And now the time approached for the sitting of the Parliament who accordingly met November 3. 1640 which was looked upon by Arch-Bishop Laud as a fatal day for Summoning of Parliaments in reference to Church matters the Parliament in King Henry the Eighths time which pulled down Abbies and Monasteries being likewise Assembled upon November 3. Whereupon he advised the King for lucks sake to put off their meeting for 2 or 3 dayes but the King not minding any such Observations did not regard it To give some Account of the temper of those times it may not be amiss to repeat the words of a Person of Honour who was then a Member of the House of Commons and hath lately published some Passages concerning that Parliament Never Parliament saith he was assembled when the People were in an higher discontent then at this time such a general Diffidence there was as they thought themselves sure of nothing the increase of Ceremonies made them fear the approach of a Religion hateful to them the laâ—â— business of Ship-money together with some Impâ—sitions without the consent of Parliament causeâ— them to apprehend the loss of Property in the Estates and they had little hope of Redress 〈◊〉 Parliaments because his then Majesty had beeâ— so unhappy as to be put upon a sudden Dissolutioâ— of all Parliaments formerly by him called Theâ— wanted not Persons ill disposed and seditious 〈◊〉 trumpet these things in the ears of the generalty whereby they incensed them so far as thereâ—â— they found means to raise a Power against theâ—â— Soveraign Mr. William Lenthal was Chosen Speaker of thâ— House of Commons and the King in a Speech tâ—â—â— them that the Scottish Troubles were the Cause oâ— their present Meeting and therefore requires theâ— to consider of the most expedient means for caâ—â—ing them out and then promises that he will heaâ—tily and clearly concurr with them for the satisfying their just Grievances After which he gaâ—â— them an Account of his want of Money for thâ— Maintaining of his Army and how dishonourablâ— it would be to the English Nation if his Armâ— should be disbanded before the Scots were put ouâ— of the Kingdom and desired them to consider oâ— the Oppression of the Northern Countreys during thâ—… Treaty It was ill resented by many that the King should call the Scots Rebels whereupon he took occasion to tell them that he must needs call them Rebels as long as they have an Army which did invade England The Commons then Voted down all Monopolies and all such Members as had any benefit by them were expelled out of the House Complainâ— was made in the House of Lords against Sir William Beecher one of the Clerks of the Council for violating their Priviledges in searching the Earl of Warwicks and the Lord Brooks Studies Cabinets and Pockets upon the dissolving the last Parliament upon which he was committed Prisoner to the Fleet though he pleaded the Command of the Secretary of State for his so doing The Earl of Strafford is Impeached of High Treason by the Commons in the House of Lords whereupon he is sequestred from the House and likewise his Friend Sir George Ratcliff is sent for out of Ireland by a Serjeant at Arms In the mean time the Bishop of Lincoln who was Prisoner in the Tower is released and likewise Mr. Pryn and Mr. Burton who are brought in great Triumph to London and
December 3. they presented their Petition against their Prosecutors And now the Papists began to fear a Cloud for Justice Howard was to deliver up a Catalogue of all Recusants within the Liberties of Westminster to prevent which he was stabbed by one Mr. John James in Westminster hall for which he was imprisoned in the Gate-house in order to a more severe punishment But Sir Francis Windebank Secretary of State fearing to be called to Account by the Parliament for reprieving Jesuits and Priests which he knew would be produced against him if not worse matters fled privately into France December 7th the Commons Voted Ship-money with the Opinion of the Judges thereupon to be Illegal and a Charge of High Treason was ordered to be drawn up against eight of them and they resolved to begin with the Lord Keeper Finch December 11th Alderman Pennington and some hundreds of Citizens presented a Petition subscribed by 15000 Hands against Church Discipline and Ceremonies and a while after the House of Commons Voted That the Clergy in a Synod or Convocation have no power to make Canons or Laws without Parliaments and that the Canons are against the Fundamental Laws of this Realm the Kings Prerogative the Property of the Subject the Right of Parliaments and tend to Faction and Sedition In pursuance hereof a Charge was ordered to be drawn up against Arch-bishop Laud as the principal framer of those Canons and other Delinquencies which Impeachment was seconded with another from the Scotch Commissioners upon which he was committed to the Black Rod and 10 weeks after Voted Guilty of High Treason and sent to the Tower The Scots likewise prefer a charge against the Earl of Strafford then in Custody requiring Justice against them both as the great Incendiaries and Disturbers of Church and State and Sir George Ratcliff the Earls Bosom Friend had Articles also drawn against him to this purpose That he had conspired with the Earl to bring Ireland under an Arbitrary Government and to subvert the Fundamental Laws and to bring an Army from Ireland to subdue the Subjects of England That he perswaded the Earl to use Regal Power and to deprive the Subjects of their Liberties and Properties That he countenanced Papists and built Monasteries to alienate the Affections of the Irish from England That he withdrew the Subjects of Scotland from their King And lastly That to preserve himself and the Earl of Strafford he laboured to subvert the Liberties and Priviledges of Parliament in Ireland The Lord Keeper Finch was the next Person designed to be censured and notwithstanding a Speech made in his own Vindication he was Voted a Traytor upon several Accounts and among the rest for soliciting perswading and threatning the Judges to deliver their Opinions for raising Ship-money and for several ill Offices done in moving the King to Dissolve the last Parliament and causing the publishing the Kings Declaration thereupon Next day he was accused before the Lords but he foresaw the Storm and went over into Holland The Parliament having now removed their Enemies and increasing in Reputation were designing a Bill for a Triennial Parliament for promoting which Petitions came from divers places one whereof was subscribed with 800 Hands directly against Episcopacy which the King took notice of and calling both Houses together tells them Of their slowness and the charge of Two Armies in the Kingdom and that he would have them avoid two Rocks the one about the Hierachy of Bishops which he was willing to Reform but not to alter The other concerning frequent Parliaments which he liked well but not to give his Power to Sheriffs and Constables About this time one Goodman a Popish Priest condemned at the Sessions in London was reprieved by the King upon which both Houses petitioned to know who were the Instruments of it and receiving an unsatisfactory Answer they Remonstrated against the Toleration of Papists and the Popes Nuncio Rosetti and this Goodman whom they desired might be left to the Justice of the Law To this the King answers That the increase of Popery and Papists in his Dominions is extreamly against his mind and that he would use all possible means for the restraining of it As for the Popes Nuncio Rosetti he had no Commission but only to preserve Correspondence between the Queen and the Pope which was allowed her by the Articles of Marriage however he had prevailed with her to remove him and is contented to remit the particular Case of Goodman to both Houses The Scots had been now quartered in England five months during which a Cessation had been concluded at Rippon but the full Pacification was reserved for London where Commissioners sate on both Parties to hear the Demands of the Scots and to make answer thereunto After which the Scots presented the great Account of their Charges which was Five hundred fourteen thousand one hundred twenty eight pounds nine Shillings besides the loss of their Nation which was Four hundred and forty thousand pounds This Reckoning startled the English Commissioners till the Scots told them They did not give in that Account as expecting a Total Reparation of their Charges and Losses but were content to bear a part of it hoping for the rest from the Justice and Kindness of England There was some opposition made to the Demands however Moneys were raised for the present from the City of London for the Supply of both the Northern Armies as the Parliament had done once before At this time a Match was propounded between the young Prince of Orange and the Lady Mary Eldest Daughter to the King which his Majesty liked well of and communicated it to the Parliament with whom it found an unanimous and general Reception in regard of the Alliance to be thereupon concluded with the States General and likewise that he was of the same Protestant Religion with England so that the Marriage was soon concluded Presently after four Members of the Commons delivered a Message to the Lords of a Popish Design of Levying an Army of Fifteen thousand in Lancashire and Eight thousand in Ireland and that the main promoters thereof were the Earls of Strafford and Worcester In February Sir Robert Berkly one of the Judges about Ship-money was accused of High Treason and committed Prisoner to the Black Rod. In this Month the King passed that Act for a Triennial Parliament and to let them know what value he put upon this great favour his Majesty told the Two Houses That hitherto they had gone on in those things which concerned themselves and now he expected they should proceed upon what concerned him The King then likewise signed the Bill of Subsidies which gave them such universal content that Sir Edward Littleton Lord Keeper was ordered To return the Humble Thanks of Both Houses to his Majesty at Whitehall Upon which there were Bonefires and Bells ringing in and about London in the same manner as formerly upon granting the Petition of Right March 1 1640
and for the first offence in refusing to forfeit all their Goods for the second their Estates and for the third their Lives And besides this they presented them with the hopes of Liberty That the English Yoke should be stricken off That they should have a King of their own Nation and that then all the Goods and Estates of the English should be divided amongst them With these Motives of Spoil and Liberty which were strengthned by the former of Religion the Rebellion increased The Rebels in Ulster commanded by Sir Phelim O Neal assisted by his Brother the Brother of the Lord Mac Guire Philip O Reley and several others had possessed most of the strong places in that Province and many other which they could not take by force nor treachery were delivered to them by the English upon Articles which they afterwards like true or rather false Papists most perfidiously broke Butchering and Massacring the poor English without pity or compassion to Age or Sex though they still spared the Scotch Plantations in Ulster because of their Numbers and likewise for fear of the Scotch Army so easily to be transported to the North parts of Ireland But now their General Sir Phelim O Neal one of the Race of the late Bloody Earl of Tyrone a pretended Protestant till some time before having got together a vast number of the Natives fell upon them and destroyed their Houses and Goods and though they did not exercise that Cruelty on their Bodies yet they stript them and drove them Naked to the Scotish Shore from thence he marched into other parts and took Dundalk incamping at Arde near Tredagh The King finding his stay to be longer than he thought left the whole business of Ireland to the Parliament who declared a speedy and vigorous Assistance and Voted Fifty thousand Pound for a present Supply By which time the Lords of the Council of Ireland had Armed as many as were able and given Commissions for raising several Regiments of whom the Earl of Ormond was made Lieutenant General and a Regiment was sent from England under Sir Simon Harcourt about which time the King returned out of Scotland and was Entertained and Feasted at London and from thence Conducted to White-Hall after which the King Treated several Chief Citizens at Hampton Court where divers of the Aldermen had the honour of Knighthood December 2. The King Summons both Houses together and tells them That he had staid in Scotland longer than he expected yet not fruitlesly for he had given full satisfaction to that Nation but cannot chuse but take notice of and wonder at the unexpected Distractions he finds at home and then commends to them the State of Ireland next he publishes a Proclamation for Obedience to the Laws in force concerning Religion and the performance of Divine Service without Innovation or Abolishing of Rites and Ceremonies January 20 His Majesty makes another Speech to them and Conjures them by all that is dear to him or them to hasten the business of Ireland After which the Commons ordered a Select Committee to draw up a Petition and Remonstrance to the King the Petition was thus Most Gracious Soveraign your Majesties most humble and faithful Subjects the Commons in this present Parliament Assembled do with joy acknowledge the Favour of God in your safe return into England where the dangers and distempers of the State have caused them to desire your Presence and Authority to your Parliament for preventing of imminent Ruin and Destruction to your Kingdoms of England and Scotland fomented by a malignant party for alteration of Religion and Government the increase of Popery by the Practice of Jesuites and other Engineers and Factors of Rome corrupting the Bishops and Privy Council they being the cause of the late Scottish War and the Irish Rebellion Now for prevention they pray That your Majesty would concur with your Parliament to deprive the Bishops of their Votes To take away Oppression in Religion Church Government and Discipline To purge your Councils of such as are promoters of these Corruptions and not alienate any Escheated Lands in Ireland by reason of the Rebellion and these being granted we will make you happy This was followed by a large Remonstrance containing all the Miscarriages and Misfortunes which they termed Pressures since the beginning of his Majesties Reign As 1. The root and ground of these dangers 2. Their Maturity and Ripeness 3. The effectual means used for their Extirpation and the progress therein made 4. Thâ— Obstructions and Oppositions interrupting 5. Thâ— best means for removing these Obstacles and foâ— accomplishing the Parliaments good Intentions for restoring this Nation to its Ancient Renown The Actors and Promoters of these Evils werâ— described to be 1. The Jesuited Papists 2. Thâ— Bishops and corrupted Clergy 3. Interesteâ— Counsellors and Courtiers The root of the miâ—chief was the Malignant Party whose Practiceâ— were branched into four particulars 1. To foment differences and discontents between thâ— King and People about Prerogative and Priviledge for their own Advantages 2. To suppress thâ— purity and power of Religion 3. To Unite and Conjoyn Papists Arminians and Libertines and out of them all to compose a Body sufficient to carry on their Designs And 4. To disaffect the King to the Parliament by Slanders and by putting him upon other ways of Supply than by Parliament and that the Intentions of these Malignants were to subvert the Fundamental Laws and Principles of Government They then charge this Malignant Party more particularly as chiefly occasioning the Dissolution of three several Parliaments without Relief of Grievances The Imprisoning and Fining several of the Members raising great Sums of Money by Loan Privy Seals and Excise and blasting The Petition of Right The succesless Attempts upon France and Spain and Peace made with the Spaniard without consent of Parliament The loss of Rochel occasioned by lending part of our Fleet to the French King deserting the cause of the Palatinate charging the Kingdom with Billeting Souldiers and the Design of bringing in German Horse to inslave this Nation to Arbitrary Contributions Lastly they reflect upon Scandalous Declarations published against the Parliament upon Injustice Oppression Violence Illegal Inlargements of Forrests Coat and Conduct Money Corrupt Councils and Designs Projects Monopolies Illegal Proceedings in Courts of Judicature and Council Table charging the Bishops likewise with many Enormities particularly for contributing to raise an Army for constraining the Scots to conform to their Superstitious Ceremonies concluding with what they have done for the Reformation of these Abuses To their Petition the King returned this Answer That he knows not any Wicked or Malignant Persons whom he doth either countenance or imploy That he would concur with his People in a Parliamentary way against all Popish Designs but would not consent to deprive the Bishops of their Votes in Parliament That he judged the power of the Clergy sufficiently moderated by taking away the High Commission Court and
King as not willing to have them too strong yet promised to take such care for their security from Violence as he would for the preservation of Himself and Children and if this general Assurrnce would not suffice to remove those Apprehensions he would command such a Guard to wait upon them as he would be responsible for to Almighty God This Answer being unsatisfactory the City joyn with them and in their Common Council drew up a Petition complaining That the Trade of the City was decayed to the utter Ruin of the Protestant Religion and the Lives and Liberties of the Subjects by the Designs of Papists Foreigners and Domesticks more particularly their fomenting the Irish Rebellion by changing the Constable of the Tower and making preparations there By the fortifying of White-hall and his Majesties late Invasion of thâ— House of Commons Whereupon they pray Thaâ— by the Parliaments Advice the Protestants in Ireland may be relieved the Tower to be put into hands of Persons of Trust a Guard appointed for the safety of thâ— Parliament and that the Five Members may not be restrained nor proceeded against but by the Priviledges of Parliament And besides this The King riding into London the Citizens in multitudes flockeâ— about his Coach beseeching him To agree with his Parliament and not to violate their Priviledges To their Petition the King returned Answer That he could not express a greater sense of Ireland that he had done That meerly to satisfie the City he had removed a worthy Person from the charge of the Tower and that the late Tumults had caused him to fortifie White-hall for the security of his own Person That his going to the House of Commons was to apprehend those five Members for Treason to which the Priviledges of Parliament could not extend and that yet he would proceed against them no otherwise than legally And now such numbers of ordinary People daily gathered about Westminster and White-hall that the King doubting of their Intentions thought fit to with-draw to Hampton Court taking with him the Queen Prince and Duke of York where he and his Retinue and Guard quickly increased by accession of divers of the Gentry But the next day the Five Members were triumphantly guarded to Westminster by a great number of Citizens and Seamen with hundreds of Boats and Barges with Guns in them shouting and hallowing as they passed by White-hall and making large Protestations at Westminster of their constant fidelity and adherence to the Parliament About this time the Parliament had notice the Lord Digby and Collonel Lunsford were raising Troops of Horse at Kingston where the County Magazine was lodged whereupon they order That the County Sheriffs Justices of Peace and the Trained Bands shall take care to secure the Countreys and their Magazine and suppress all unlawful Assemblies Lunsford was seized and sent to the Tower but Digby escaped beyond Sea The King removed to Royston at which time Sir Edward Harbert Attorney General is questioned at the Lords Bar to answer concerning the Articles against the Five Members where it had gone hard with him if the King at his earnest Supplication had not taken him off by a Letter to the Lord Keeper Littleton who succeeded L. Finch wherein the King clears the Attorney General and takes the whole business upon himself yet concludes That finding cause wholly to desist from proceeding against the Persons Accused he had commanded his Attorney General to proceed no further therein nor to produce nor discover any proof concerning the same And so this Breach between the King and Parliament seemed at present to be made up At this time the Scots having a considerable Interest in their Britttish Plantations in Ireland make Proposals for Transporting 2500 Souldiers thither which were accepted by both Houses and afterward consented to by the King after which the Scotch Commissioners interposed their Meditation for composing the differences between the King and Parliament which were now grown to too great an height for which Mr. Pym was ordered by the Commons to give them the thanks of the House January 20. The King sends a Message to the Parliament proposing the security of his own just Rights and Royal Authority and That since particular Grievances and Distractions were too many and would be too great to be presented by themselves that they would comprize and digest them into one entire body and send them to him and it should then appear how ready he would be to equal or exceed the greatest Examples of the most Iudulgent Princes in their Acts of Grace and Favour to the People After this the Commons move the Lords to joyn with them in Petitioning for the Militia and the Command of the Tower but they not complying the House of Commons singly of themselves Importune the King to put those things into the hands of the Parliament as the only available means for removal of their Fears and Jealousies But the King not willing to part with the Principal Jewels of his Crown signified to them That he thought the Militia to be lawfully subject to no command but his own and therefore would not let it out of his hands That he had preferred to the Lieutenancy of the Tower a Person of known Fortune and unquestionable Reputation and that he would prefer none but such to the command of his Forts and Castles yet would not intrust the power of conferring those Places and Dignities from himself being derived to him from his Ancestors by the Fundamental Laws of the Kingdom Yet the Commons would not desist but again petitioned and were again refused Soon after divers Petitions were delivered to the Parliament against the Votes of Popish Lords and Bishops in the House of Peers as one from Suffolk with 1500 and another from the Londoners with 2000 hands and a Third from the City Dames All which were Answered That the Commons had already endeavoured Relief from the Lords in their Requests and should so continue till Redress were obtained And shortly after the Lords passed the Bill For disabling all Persons in Holy Orders to have any Place or Vote in Parliament or to exercise any Temporal Jurisdiction At the same time they petition the King again for the Militia and for clearing Kimbolton and the Five Members by his Answer to both which they understood his Resolution Not to intrust the Militia out of himself nor to clear the Members but only by a General Pardon which was unsatisfactory The King now at Hampton Court thought fit to send for all his Domestick Servants of either House of Parliament and particularly the Earls of Essex and Holland but they refused to come excusing themselves with The necessity of performing their duties in Parliament and discharging the Trust reposed in them For which they were put from their Places at Court The Lord Digby about this time sent Three Letters from Middleburg in Zealand where he was fled out of England one to the Queen and two others to Secretary
Nicholas and Sir Lewes Dives signifying That if the King would openly declare his mind and betake himself to some place of security that he might come freely to him he doubted not but he should do him some acceptable Service These Letters were intercepted by the Parliament and by them after perusal sent to the King with their Intreaties to him That he would perswade the Queen not to correspond with Digby or any other whom his Great Council had proclaimed Traytors There was a Report that the Parliament intended to Accuse the Queen of High-Treason as one that had so much power with the King to misadvise him this rumour the Parliament exused as a publick Scandal upon them which she seemed satisfied with yet provides against the danger and therefore prevails with the King to accompany her Daughter Mary Princess of Orange into Holland carrying with her all the Kings and her own Jewels together with those entailed upon the Crown intending with those and some other Assistance to raise a Party sufficient to maintain the King and his Regalities against the Parliament In the mean time Mr. Pym at a Conferrence complaining of the General Flocking of Papists into Ireland affirmed That since the Lieutenant had ordered a stop upon the Ports against all Irish Papists many of the Chief Commanders now in the head of the Rebels had been licensed to pass thither by his Majesties immediate Warrant The King was highly offended at this Speech which he signified to the House who in their Answer to his Message justifie Mr. Pym's words to be the sense of the House and That they had yet in safe Oustody the Lord Delvin Sir George Hamilton Colonel Butler Brother to the Lord Miniard now in Rebellion and one of the Lord Nettervils Sons To which the King replies That he thought Mr. Pym 's Speech was not so well grounded as it ought to have been and that the aforementioned persons had their Passes granted before he knew of the Parliaments Order of Restraint and therefore expected their Declaration for his Vindication from thut odious calumny of conniving or underhand favouring that abhorred Irish Rebellion But this His Majesties desire proved fruitless for they next moved the King to turn out Sir John Byron out of the Lieutenancy of the Tower and at their Nomination Sir John Conyers succeeded they then proceeded to name fit Persons for trust of the Militia in the several Counties and by Act of Parliament Disabled all Clergy-men from exercising Temporal Jurisdiction After which the King by a Message offers them To require by Proclamation all Statutes concerning Popish Recusants to be put in Execution That the seven Condemned Popish Priests shall be Banished and all Romish Priests within twenty days shall depart the Kingdom That he refers the consideration of Church Government and Liturgy wholly to the Houses and offers to go himself in Person against the Rebels in Ireland But the Commons were now busie about a Petition for Vindicating their Five Members wherein they desire the King to send them the Informers against the said Members or otherwise to desert their Prosecution would not suffice because the whole Parliament was concerned in the Charge And then they proceeded to settle the Militia for the defence of the Parliament Tower and City of London under the Command of Serjeant Major General Skippon who had formerly been an Experienced Souldier in the Low-Countries The King had deferred his Answer to their Petition for settling the Militia of the Counties according to their nomination till his return from Dover where he took leave of his Wife and Daughter and so returned to Greenwich from whence he sent to Hampton Court for his two Eldest Sons to come to him though contrary to the mind of the Parliament who would have disswaded him from it And now the Parliament thought fit to consider of the reducing of Ireland and ordered two Millilions and an half of those Acres to be Confiscate of Rebels Lands in Four Provinces shall be allotted to such Persons as will disburse Money for carrying on that War and several other Provisions were made for their Security which the King confirms Feb. 26. 1641 and in pursuance thereof a considerable Sum of Money was raised the People being generally free in their Contributions The King being now at Greenwich sends this Answer to the Petition about the Militia That he is willing to condescend to all the Proposals concerning the Militia of the Counties and the Persons mentioned but not of London and other Corporations whose Government in that particular he thought it neither Justice nor Policy to alter but would not consent to divest himself of the Power of the County Militia for an indefinite time but for some limited space This Answer did not satisfie so that the Breach growing daily wider the King declined these parts and the Parliament and removed to Theobalds taking with him the Prince and the D. of York About the beginning of March he receives a petition from the Parliament wherein they require the Militia more resolutely than before affirming Than in case of denial the imminent dangers would constrain them to dispose of it by Authority of Parliament desiring also that he would make his abode near London and the Parliament and continue the Prince at some of his Houses near the City for the better carrying on of Affairs and preventing the Peoples Jealousies and Fears All which being refused They presently Order That the Kingdom be put into a posture â—f Defence in such a way as was agreed upon by Parliament and a Committee to prepare a publick Declaration from these two Heads 1. The just Causes of the Fears and Jealousies given to the Parliament at the same time clearing themselves from any Jealousies conceived against himself 2. To consider of all matters arising from his Majesties Message and what was fit to be done And now began our Troubles and all the Miseries of a Civil War the Parliament every day entertaining or pretending to entertain new Jealousies and Suspicions of the Kings Actions which howsoever in complement they made shew of imputing only to his Evil Council yet obliquely had had too great a Reflection upon his Person They now proceed on a sudden to make great preparations both by Sea and Land and the Earl of Northumberland Admiral of England is commanded to rig the Kings Ships and fit them for Sea and likwise all Masters and Owners of Ships were perswaded to do the like The Beacons were repaired Sea-marks set up and extraordinary posting up and down with Pacquets all sad Prognosticks of the Calamities ensuing The King being now at Roysion March 9 the Earls of Pembrook and Holland bring him the Parliaments Declaration and read it to him wherein they represent to him some former miscarriages As the attempts to incense the late Nor hern Army against the Parliament The Scotish Troubles L. Jermins Treasons and Transportation by the Kings Warrant The Petition delivered to Captain
Leg with the Kings own hand with the Direction signed C. R. The business of the Lord Kimbolton and the five Members The suspicious designing a Guard about his Person and under hand promoting the Irish Rebellion The ordering Sir John Pennington to land the Lord Digby beyond Sea from thence to alienate the King from his Parliament and to procure Forreign Forces for his Assistance which now said they appeared more credible by reason of his removal with the Prince and the manifold Advertisements from Rome Venice Paris and other parts certifying that the Popes Nuncio had sollicited the Kings of France and Spain to lend his Majesty 4000 Men apeice in reference to some Design against Religion and the Parliament and lastly They desire him to turn away his wicked Councellors and to rely upon his Parliament which if he would do they would sacrifice their Lives Fortunes and utmost endeavours to the Supportation of his Soveraignty After the reading of the Declaration the Lords would have perswaded the King to come near the the Parliament and to grant the Militia for a time which his Majesty refused and told them in short That their Fears and Doubts and Jealousies were such as he would take time to satisfy the whole World of but that his own doubts were not Trivial occasioned by so many Scandalous Pamphlets and Seditious Sermons divers publick Tumults hitherto uninquired into and unpunished and sometime after the King published a Declaration to the People in Answer to theirs the sum of which was That he had no evil Councellors about him but leaves such to their censure where they should find them That he desired the Judgments of Heaven might be manifested upon those who had any design against the Protestant Profession That the Scottish Troubles were buried in perpetual silence by the Act of Oblivion and passed in Parliaments of both Kingdoms That they charging him with any inclining to the Irish Rebels was a high and causless injury to his Royal Reputation That he never intended to exasperate the late Army or in any wise to use them against the Parliament That Captain Leg's Petition was brought to him subscribed by the Officers of the Army desiring that the Parliament might not be hindred from reforming the Church and State to the Model of Queen Elizabeths days and was advantageous to them And to assure Sir Jacob Ashly of his Opinion therein he writ C. R. That the Lord Digby and Mr. Jermin neither were at White-hall nor had any Warrant from him after the Restraint That he had given sufficient Answer about Kimbolton and the five Members That the care of his own safety caused him to raise a Guard at White-hall and to receive the Loyal Tender which the Gentlemen of the Inns of Court did make him of their Service And that he looked upon their Forreign Advertisements by them mentioned as meerly wild and irrational The King goes further Northward whilst the Parliament Voted the Ordinance for Defence of the Kingdom not to be prejudicial to the Oath of Allegiance but to be obeyed as the Fundamental Laws and that the Kings Commands for Lieutenancy over the several Counties were illegal and void but he coming to Huntington sends them a Message March 15. That he intends to make his Residence at York and desires them to hasten their Succours for Ireland and not upon any pretence of Order or Ordinance to which he is not a Party of the Militia or any other thing to Do or Execute against the Laws which he himself was to keep and his Subjects to obey declaring his Subjects not to be obliged to obey any Act Order or Injunction to which he hath not given consent In answer to which they resolve That the absence of the King so far from his Parliament was destructive to the Relief of Ireland and therefore all those Councellors which advised him to it are to be suspected as Favourers of that bloody Rebellion as likewise those who perswaded his Majesty to question or contradict their Votes which was a high breach of Priviledge of Parliament March 16. The King at Stamford published a Proclamation for putting the Laws in Execution against Popish Recusants and from thence he goes to York and there March 24 Repeals his Grant for passing the Bill against Tonnage and Poundage of June 22 last past commanding the payment thereof for the future according to the Act of the First of King James and so this year ended It was now the year 1642 and the 18th of his Majesties Reign when a fresh Difference arose for the Earl of Northumberland Admiral of England being indisposed the King ordered Sir John Pennington Vice Admiral to take the charge of the Summer Fleet for the Narrow Seas but the Parliament earnestly desired that it might be conferred upon the Earl of Warwick but were refused by the King to their great distaste During the Assizes at York the Gentry Ministers and Freeholders of that County presented a Petition to the King to endeavour an Agreement with the Parliament who advises them to apply themselves to the Parliament for the good of all And next day he sends a Message to the Houses That he intended to raise his Guard out of the Counties near Chester Two thousand Foot and Two hundred Horse to be supplied with Arms from the Magazine at Hull upon taking the Oaths of Supremacy and Allegiance That if the Parliaments Undertaking for the Irish War would not suffice to defray the Charges of raising and paying them he would pawn or sell his Land or Houses desiring them withal to quicken their Levies for Munster and Connaught as the Scots already did theirs of Ulster and offers his Person against the Rebels The Parliament having for some time mistrusted the Kings going North to be intended for seizing the Magazine at Hull endeavoured to prevent it declaring their suspicion of his design to raise an Army and therefore pray That it might be removed from thence to the Tower of London as a place of more safety and easier transport for Ireland and that the Repreive for the popish priests in Newgate may be recalled and they executed And to make all sure Sir John Hotham a Member of the House of Commons is sent down to take upon him the Government of that place who by his sudden coming thither prevented the Earl of New-castle who was designed by the King to be Governor thereof so that when the King came to Hull in Person with his Guard consisting of Lords and Gentlemen April 23. 1642 he finds the Gates shut upon him and the Bridges drawn up but from the Wall Hotham appears and upon his knees intreats his Majesty Not to command that which without the breach of his Trust he could not yeild obedience to Whereupon the King finding his entrance prevented caused Hotham instantly to be proclaimed Traytor and by Letters to the Parliament complained of that Indignity and required satisfaction but they justified him therein and sent a
Committee of the Lords and Commons to reside there for the better securing the Garrison to them and gave the Governor power to raise the Trained Bands for his defence after which the King hearing that the Parliament had raised a Guard of themselves without his consent and reflecting upon the business of Hotham he summoned the Gentry of Yorkshire to a Meeting and acquainted them That his Magazine at Hull was going to be taken from him against his will the Militia against the Law and his consent put in execution and Sir John Hothams Treason countenanced so that he was resolved to have a Guard to secure his person in which he desired their assistance that he might be able to protect them the Laws and the true Protestant Religion from violation or injury The King had hereby indifferently strengthened himself and more had come in had not those Members of Parliament who came to the King at York prevailed with some of the Free-holders to protest against it And the Parliament declare That the Subjects unless bound to it by special Service could not be commanded to attend the King at his pleasure without transgressing against the Laws and Liberties of the Kingdom And that whosoever upon pretence of his Majesties Command shall take up Arms in a warlike manner shall be esteemed disturbers of the peace and to be proceeded against accordingly In the mean while Sir Thomas Gardiner who had been Recorder of London for six years being Impeached by the Parliament and in danger of hanging was glad to shift for himself and by flight escaped to the King at which time his Majesty endeavoured to have removed the Term from London to York but was much opposed therein by the Parliament who Voted it Illegal and forbid the L. Keeper to issue out Writs or Seal any Proclamation to that purpose The Parliament now proceed to put the people into a Military posture requiring all Persons in Authority to put the late Ordinance of the Militia in Execution which the King by his Proclamation forbids but for the Peoples satisfaction the Parliament publish'd a severe Declaration to the same Effect as their former Remonstrance only this was added That the King at his being in Scotland had countenanced the Irish in their Rebellious Designs and that his connivance was manifested by his tedious with-holding the Proclamation whereby they were declared Traytors till Jan. 2. being almost a Quarter of a Year after the breaking out of the Rebellion and then had appointed but forty Copies to be printed none of them to be published without his pleasure signified whereas his Proclamations against the Scots had been dispersed throughout all the Kingdom with publick Prayers and Execrations The King makes a speedy Answer hereunto not much differing from what he had said before yet tells them That as to the business of the Irish his Council in Ireland had desired them no sooner nor so many Copies by twenty as he had Signed and and sent them His Majesty had written a Letter to his Privy Council of Scotland to take away from them all suspicion of those Imputations so frequently laid to his Charge of being Popishly affected to be guilty of the bloodshed in Ireland and to bring in Forreign Forces Wherewith they seemed so satisfied that they returned a most respectful Answer and presently interposed their Mediation to heal the Breach before it grew wider humbly desiring the King to hearken to his Parliament as his greatest his best and most unparallel'd Council and discouraging him from any personal Journey into Ireland This Message was sent by the Earl of Lowden Chancellor of Scotland and after this the Scots Petition to the Kings Privy Council there Not to meddle with any verbal or real Engagement for the King against the Parliament Hereupon the English Parliament publish a Protestation wherein they vindicate their own proceedings and declare the great sense they had of the Affection of their Scotish Brethren manifested unto them in so many particulars and more especially the mentioned Petition The Earl of Bristol an Old Experienced Statesman prudently foresaw that such unhappy beginings must necessarily have a very bad Issue therefore earnestly endeavoured an Accommodation by stating the Case in the House of Lords representing the Offers of the King on the one side and the Professions of the Parliament on the other and likewise the dreadful Effects of a Civil War then likely to ensue by the Example of the woful Desolations in Germany and the expensive Troubles in Scotland and then proposes some methods for preventing these dangers as 1. That a select Committee of Parliament should truly state the matters in difference with the most probable ways of reconciling them 2. To consider particularly what may be expected either in point of supporting the King or releiving his People And lastly how the Conditions agreed upon may be secured And to shew the necessity of this course he discovers the deplorable State of Ireland the debts and necessities of the Crown the distractions which were likely to produce confusion of Religion most dangerous and destructive to a State besides the general Distraction of the Subjects who between Commands and Countermands knew not whom to obey This was admitted as good and solid Reason but Divine Justice would not so permit the Sins of the English Nation to go unpunished and the L. Bristols Speech though well received yet proved ineffectual In the mean time the Kings Guard increases at York which the House Voted a preparation for War against the Parliament a Breach of the Trust reposed in him by his People and that all such as serve him there are Traitors to the Laws of the Kingdom as the 11 Rich. 2. and the 1 Hen. 3. This was followed by another Declaration or Remonstrance of the misactions of the King and their own Priviledges which the King answers and they again reply to and May 28. the Parliament ordain That all Sheriffs Justices c. make stay of all Arms and Ammunition going to the King at York the King on the other side forbids all Persons belonging to the Trained Bands or Militia of the Kingdom to obey any Order or Ordinance of any of the Houses divers Members of both Houses withdrew themselves to the King as being unsatisfied with their proceedings whereupon the Parliament Ordered That all such as did not make their Personal Appearance by June 16 ensuing should be fined an 100 pounds toward the Irish Wars such only excepted as were imployed by the Parliament They likewise understood that the Queen had pawned the Crown Jewels in Holland for Money to be transported to the King which to prevent him of they order That whoever hath or shall pay lend send or bring any Money in Specie into this Kingdom for or upon those Jewels or accept of any Bill hereafter shall be an Enemy to the State June 2. The Parliament sent to the King Nineteen Proposition 1. That all the Kings Privy
had taken upon him the Command of the Fleet for which Reasons the King was resolv'd to punish Hotham Indeed the E. of W. had been by the Parl. commended to the King as the fittest man for Admiral the E. of N. being then sick but he was rejected by the King who conferr'd that place upon Sir John Pennington Yet afterwards the Parl. conceiving it necessary to get the Fleet into their hands they found means notwithstanding the Oppositions of Sir J. Pennington and his Adherents to make the E. of W. Admiral after which a Ship laden with Arms and Ammunition from Holland for the King being ignorant of the matter fell in among the Fleet and was by the E. of W. sent to the Parliament The Parliament now thought fit to Arm and therefore resolve that an Army shall be raised for Defence as they term it of King and Parliament and the Earl of Essex to be Capt. General and the E. of Bedford to command the Horse the E. of Holland Sir John Holland and Sir Will. Stapleton were ordered to carry a Petition to the King then at Beverly the effect whereof was To pray him to disband all his Forces to recal his Commissions of Array dismiss his Guard and return to the Parliament All which the King refused The Parliament next consider of raising Money and so declare for Loan upon the Publick Faith to promote which the endeavours of the Ministers were very serviceable whereby in a short time a very considerable quantity of Money Plate and Ammunition were brought in The King was likewise furnished with Money from the Queen upon the pawned Jewels and some Contributions from divers Lords and Gentlemen and the University of Oxford The King goes from Beverly to Leicester and there Proclaims the Earl of Stamford Traitor for removing the County Magazine from the Town to his own House at Bradgate Aug. 1. the King comes back to Yorkshire and raises a Regiment under the E. of Cumberland which he called Prince Charles his Regiment The Parliament on the other side declare the Commissioners of Array to be Traitors and disturbers of the State and Peace of the Kingdom and Lievtenants of â—everal Counties were constituted by Parliament The King likewise deals with their Commanders as â—hey did with his and Proclaimed General Essex with all his Collonels and Officers who should not â—nstantly lay down their Arms to be Rebels and Traiâ—ors and the Marquess of Hartford and his Forces â—â—re ordered to march against him The King then â—ummons in the Countrey on the North side of Trent â—nd 20 miles Southward and publisheth his Grand Declaration concerning all transactions between himself and the Parliament August 22. 1642. The King comes to Nottingham â—nd there erects his Standard to which some numbers resorted but far short of what was expected And three days after the King sends a Message to the Parliament to propose a Treaty the Messengers were â—he Earls of Southampton and Dorset Sir John Culpeper Chancellor of the Exchequer and Sir William Vdall none of which were suffered to sit in the House to deliver their Errand therefore it was sent in by the Usher of the Black Rod to which the Parliament Answered That untill His Majesty shall recall his Proclamations and Declarations of Treason against the E. of Essex and them and their Adherents And unless the Kings Standard set up in pursuance thereof be taken down they cannot by the fundamental Priviledges of Parliament give his Majesty another answer The King replyes that he never intended to declare the Parliament Traitors or set up his Standard against them but if they resolve to Treat either Party shall revoke their Declarations against all Persons as Traitors and the same day to take down his Standard To this they answer That the Differences could noâ— any ways be concluded unless he would forsake hiâ— evil Councellors and return to his Parliament And accordingly Sept. 6. they Order and Declare thaâ— the Arms which they have or shall take up for thâ— Parliament Religion Laws and Liberties of the Kingdom shall not be laid down untill the King withdraw his Protection from such persons as are or shall be Voted Delinquents and shall leave them to Justice that so their Estates may discharge the Debts and Loan Moneys of the Common-wealth The War being now begun the new raised Souldiers committed many Outrages upon the Countrey People which both King and Parliament upon Complaint endeavoured to rectifie The King himself was now Generalissimo over his own his Captain General was first the Marquess of Hartford and afterward the E. of Lindsey and the E. of Essex for the Parliamentarians The Kings Forces received the first repulse at Hull by Sir John Hotham and Sir John Meldrum and the King takes up his Quarters at Shrewsbury Portsmouth was next surrendred to the Parliament and presently after Sir John Byron takes Worcester for the King In September the two Prince Palatines Rupert and Maurice arrived in England who were presently entertained and put into Command by the King who having now got together a potent Army he made a solemn Protestation to them of his candid Intentions and sincere meaning to defend the Protestant Religion the Laws and Liberties of the Subject and Priviledges of Parliament according to the former protestation at York Sept. 9. the Earl of Essex in great State attended on by the Parliament set forth out of London toward St. Albans and from thence to Northampton where all his Forces met amounting to near fourteen thousand men having with him the Parliaments Petition which he was to present to the King the effect of which was That his Loyall Subjects the Lords and Commons in Parliament cannot without tenderness of Compassion behold the pressing Calamities of England and Ireland by the Practices of a prevailing Party with his Majesty to alter true Religion and the Ancient Government of this Kingdom introducing Superstition into the Churches and Confusion in the State Exciting encouraging and fostering the Rebellion in Ireland and as there so here begin the like Massacres by drawing on a War against the Parliament leading his Person against them as if by Conquest to establish an unlimited Power over the People seeking to bring over the Rebels of Ireland to joyn with them And all these evil Councellors are Defended and protected against the Justice of the Parliament who have for their just Defence of Religion the Kings Crown and Dignity the Laws Liberties and Power of Parliaments taken up Arms and Authorized the E. of Essex to be their Captain General against these Rebels and Traytors And pray the King to withdraw his Person and leave them to be supprest by his Power and to return to his Parliament and that they will receive him with Honour and yeild him Obedience secure his Person and establish him and his People with all the Blessings of a Glorious and Happy Reign This Petition was never delivered though Essex sent twice to the King for
That if he had the least Thoughts of disagreeing with the happiness of this Kingdom he would not advise with such Councellors as they were And so the upper Schools were assigned to the Lords and the Convocation House to the Commons In this Parliament besides the Prince D. of York L. Keeper Littleton Treasurer Cottington D. of Richmond and Marquess of Hartford there were 19 Earls and as many Lords and 117 Knights and Gentlemen and afterwards 5 Lords and 23 Gentlemen more came to them The first thing they fell upon was to consider of means for effecting a Peace to which end a Letter was written to the E. of Essex and subsigned by all their hands who returned no answer but sent it to the Parliament at Westminster Jan. 16. 1643. The Scots Army entred England by the way of Newcastle being 18000 Foot and 2000 Horse under Gen. Levens For assisting the Parliament in pursuance of the Solemn League and Covenant and declaring the Justness of their Cause which they profess to be Reformation of Religion Honour of the King and Peace of the Kingdoms and that the main end of their coming is to rescue the King from his pernicious Counsellors The Parliament caresse the Scots Army and impower them to assess for themselves the Twentieth part of all Malignants Estates as they called them in the North besides what other Counties were assessed for them But the E. of Newcastle is marching to give them rougher entertainment and the L. Fairfax sent his Son Sir Thomas against him Sir John Mâ—ldrum with 700 men besieged Newarks and is blockt up by Prince Rupert whereupon they parleyed and upon Articles were suffered to march away leaving their Match Bullet Powder Cannon and all other Fire-Arms behind them In the mean time Matters are preparing for Scotland by James Marquss of Montro's who had formerly sided with the Covenanters but now the King understanding he had really forsaken them gives him a Commission to be General Governor of Scotland and orders him Forces to go into the heart of that Kingdom for a diversion to the Scots In the year 1644. the Twentieth of his Majesties Reign Sir Will. Waller defeats the L. Hoptons Forces and takes Winchester and Oliver Cromwell was made Governor of Ely Beudly is surprized by Coll. Fox for the Parliament and the Garrisons of Selby and Heintough are taken by the L. Fairfax and his Son Prince Rupert raiseth the siege at Latham House The King at this time in the presence of the Peers at Oxford received the Sacrament at Christs Church at the hands of Bishop Vsher where he used these solemn Protestations My Lords I espy here many resolved Protestants who declare to the world the Resolution I do now make I have to the utmost of my power prepared my Soul to become a worthy Receiver and may I so receive comfort by the Blessed Sacrament as I do intend the establishment of the True Reformed Protestant Religion as it stood in its beauty in the happy days of Q. Elizabeth without any connivance at Popery I bless God that in the midst of these Publick Distractions I have still Liberty to communicate and may this Sacrament be my damnation if my heart do not joyn with my lips in this Protestation The Parliament at Westminster Voted it Treason for any Member or Member of either House to desert them and to go to the King and they never to be received again The King marcheth out of Oxford and iâ— followed by Essex and Waller he defeats Waller at Cropredy-Bridge and Essex is blockt up by the Kings Forces in Cornwall and July 4th the King sends several Letters to the Parliament about a Treaty of Peace Sept. 12. the Parliament at Oxford Assemble again but falling into Factions and Divisions the King in March following Dissolves them The Earl of Newcastle was besieged in York about two months to whose relief Prince Rupert advanceth Northward with a great Power of Horse and Foot upon whose approach to the City the Beseigers drew off and those within sally out upon their Rear the E. of Newcastle being thus relieved joyns with P. Rupert resolving to follow the Parliamentarians and give them battle which accordingly they did upon a Plain called Marston-Moor where about 9000 men were slain for the Royalists having near routed the Parliaments Army pursued the Chace so far that the Victory was snatcht out of their hands and the Parliament obtained an entire Victory after 3 hours Fight resolutely maintained on both sides After which York was delivered up to the Parliament and they soon became Masters of all the North and Levens the Scotch General takes Newcastle After this Battel which was the greatest both for the fierceness of it and for the number of Souldiers on both sides P. Rupert goes into Lancashire but the E. of Neweastle lately made Marquess with his two Sons and his brother Sir Charles Cavendish General King the Lord Falconbridge the Lord Widdrington the Earl of Cranworth the Bishop of London-derry Sir Edward Widdrington Coll. Carnaby Col. Basset Col. Mouson Sir William Vavasor Sir Francis Mackworth with about eighty other persons upon some discontent refused to engage any further in the Kings Cause and went over to Hamburgh New Levies are now made by the Parliament and 〈◊〉 Attempts were made by the Parliamentarians upon Dennington Castle but in vain The Queen goâ—ng from Oxford to Exeter was there delivered of a daughter June 16 1644. who was called Henrietta Maria and afterward went from thence to Pendenâ—is Castle in Cornwall where she embarqued for France and did not return again to England till His present Majesties Happy Restoration in 1660. Banbury Castle is relieved by Sir William Compton having been besieged about 11 weeks by the Parâ—iamens Forces Coll. Myn is defeated by Massy near Glocester and himself slain and about 170 Officers and Souldiers taken Prisoners Prince Rupert sending 500 Horse and Foot to fortifie Beachly in order to his going to Ashferry they are routed by Massey who soon after takes Monmouth Town Newberry seemed to be a Place destined for Martial exploits for October 27. another great Battel was fought there between the Kings party and the Parliaments under Essex Waller and Manchester wherein the Royalists were worsted and between 4 and 5000 men slain on both sides Novemb. 19. Monmouth is retaken by the Kings Forces December 23. Sir Alexander Carew was beheaded for endeavouring to deliver up the Island of Plymouth to the Kings Forces Two Principal Irish Rebels the L. Macguire and Mac-mahon had been sent from Ireland and imprisoned in the Tower from whence they made their escape but being retaken and Tryed were found guilty of High Treason and were both Drawn Hang'd and Quartered at Tyburn though Macguire pleaded his Priviledge to the Lords as a Peer of Ireland Archbishop Laud having been accused by thâ— Parliament in 1640. as the framer of the Canons 〈◊〉 Convocation and other Delinquencies and thâ— Scots joyning him and the
of England the liberty of exhibiting at any time hereafter any other Charge against the said Charles Stuart and also of replying to the Answers which the said Ch. Stuart shall make to the Premises or any of them or any other Charge that shall be so Exhibited doth for the said Treasons and Crimes on the behalf of the said people of England Impeach the said Charles Stuart as a Tyrant Traitor Murtherer and a publick and implacable Enemy to the Common-wealth of England And pray that the said CHARLES STVART King of England may be put to answer All and Every the Premises That such Proceedings Examinations Trials Sentence and Judgment may be thereupon had as shall be agreeable to Justice IT is observed that the time the Charge was reading the King sate down in his Chair looking sometimes on the Court sometimes up to the Galleries and having risen again and turned about to behold the Guards and Spectators sate down looking very sternly with a countenance not at all moved till these words viz. Charles Stuart to be a Tyrant and Traitor c. were read at which he laughed as he sate in the face of the Court. Charge being read the Lord President replyed President Sir you have now heard your Charge read containing such matters as appear in it you find That in the close of it it is prayed to the Court in the behalf of the Commons of England that you answer to your Charge The Court expects your Answer King I would know by what Power I am called hither I was not long ago in the Isle of Wight how I came there is a longer story than I think is fit at this time for me to speak of but there I entred into a Treaty with both Houses of Parliament with as much publick Faith as 't is possible to be had of any people in the world I treated there with a number of Honourable Lords and Gentlemen and treated honestly and uprightly I cannot say but they did very nobly with me we were upon a conclusion of the Treaty Now I would know by what Authority I mean lawful there are many unlawful Authorities in the world Thieves and Robbers by the high wayes but I would know by what Authority I was brought from thence and carried from place to place and I know not what and when I know by what lawful Authority I shall answer Remember I am your King and what sins you bring upon your heads and the Judgment of God upon this Land think well upon it I say think well upon it before you go further from one sinto a greater therefore let me know by what lawful Authority I am seated here and I shall not be unwilling to answer in the mean time I shall not betray my Trust I have a Trust committed to me by God by old and lawful Descent I will not betray it to answer to a new unlawful Authority therefore resolve me that and you shall hear more of me President If you had been pleased to have observed what was hinted to you by the Court at your first coming hither you would have known by what Authority which Authority requires you in the name of the people of England of which you are Elected King to answer them King No Sir I deny that President If you acknowledge not the Authority of the Court they must proceed King I do tell them so England was never an Elective Kingdom but an Hereditary Kingdom for neer these thousand years therefore let me know by what Authority I am called hither I do stand more for the Liberty of my people than any here that come to be my pretended Judges and therefore let me know by what lawful Authority I am seated here and I will answer it otherwise I will not answer it President Sir how really you have managed your Trust is known your way of answer is to interrogate the Court which beseems not you in this condition You have been told of it twice or thrice King Here is a Gentleman Lieut. Col. Cobbet ask him if he did not bring me from the Isle of Wight by force I do not come here as submitting to the Court I will stand as much for the Priviledge of the House of Commons rightly understood as any man here whatsoever I see no House of Lords here that may constitute a Parliament and the King too should have been Is this the bringing of the King to his Parliament Is this the bringing an end to the Treaty in the publick Faith of the world Let me see a legal Authority warranted by the Word of God the Scriptures or warranted by the Constitutions of the Kingdom and I will answer President Sir You have propounded a Question and have been answered seeing you will not answer the Court will consider how to proceed in the mean time those that brought you hither are to take charge of you back again The Court desires to know whether this be all the Answer you will give or no King Sir I desire that you would give me and all the world satisfaction in this let me tell you it is not a slight thing you are about I am sworn to keep the Peace by that duty I owe to God and my Country and I will do it to the last breath of my body and therefore you shall do well to satifie first God and then the Country by what Authority you do it if you do it by a usurped Authority that will not last long There is a God in Heaven that will call you and all that give you power to account Satisfie me in that and I will answer otherwise I betray my trust and the Liberties of the People and therefore think of that and then I shall be willing For I do avow that it is as great a sin to withstand lawful Authority as it is to submit to a Tyrannical or any other wayes unlawful Authority and therefore satisfie God and me and all the World in that and you shall receive my Answer I am not afraid of the Bill President The Court expects you should give them a final Answer their purpose is to adjourn till Monday next if you do not satisfie your self though we do tell you our Authority we are satisfied with our Authority and it is upon Gods Authority and the Kingdoms and that peace you speak of will be kept in the doing of Justice and that 's our present work King Let me tell you if you will shew me what lawful Authority you have I shall be satisfied But that you have hitherto said satisfies no reasonable man President That 's in your apprehension we think it reasonable that are your Judges King 'T is not my apprehension nor yours neither that ought to decide it President The Court hath heard you and you are to be disposed of as they have commanded Two things were remarkable in this dayes proceedings 1. It is observed That as the Charge was reading against the King the silver head
Silence commanded The Court called Seventy three Persons present The King comes in with his Guard looks with an austere countenance upon the Court and sits down The second O Yes made and silence commanded Mr. Cook Solicitor General May it please your Lordship my Lord President This is now the third time that by the great grace and favour of this High Court the Prisoner hath been brought to the Bar before any Issue joyned in the Cause My Lord I did at the first Court exhibit a Charge against him containing the highest Treason that ever was wrought upon the Theatre of England that a King of England trusted to keep the Law That had taken an Oath so to do That had Tribute paid him for that end should be guilty of a wicked design to subvert and destroy our Lawes and introduce an Arbitrary and Tyrannical Government in the defiance of the Parliament and their Authority set up his Standard for War against his Parliament and People and I did humbly pray in the behalf of the People of England that he might speedily be required to make an answer to the Charge But my Lord instead of making any Answer he did then dispute the Authority of this High Court your Lordship was pleased to give him a further day to consider and to put in his Answer which day being yesterday I did humbly move that he might be required to give a direct and positive answer either by denying or confession of it but my Lord he was then pleased for to demurre to the Jurisdiction of the Court which the Court did then overrule and command him to give a direct and positive Answer My Lord besides this great delay of Justice I shall now humbly move your Lordship for speedy Judgment against him My Lord I might presse your Lordship upon the whole That according to the known Rules of the Law of the Land That if a Prisoner shall stand as contumacious in contempt and shall not put in an issuable plea Guilty or not Guilty of the Charge given against him whereby he may come to a fair Tryal That as by an implicite confession it may be taken pro confesso as it hath been done to those who have deserved more favour than the Prisoner at the Bar has done but besides my Lord I shall humbly presse your Lordship upon the whole Fact the House of Commons the Supream Authority and Jurisdiction of the Kingdom they have declared That it is notorious That the matter of the Charge is true as it is in truth my Lord as clearas Chrystal and as the Sun that shines at noon-day which if your Lordship and the Court be not satisfied in I have notwithstanding on the people of Englands behalf several witnesses to produce And therefore I do humbly pray and yet I must confess it is not so much I as the innocent blood that hath been shed the cry whereof is very great for justice and judgment and therefore I do humbly pray that speedy Judgement be pronounced against the Prisoner at the Bar. President Sir you have heard what is moved by the Councel on the behalf of the Kingdom against you Sir you may well remember and if you do not the Court cannot forget what dilatory dealings the Court hath found at your hands you were pleased to propound some Questions you have had your Resolutions upon them You were told over and over again That the Court did affirm their own jurisdiction That it was not for you nor any other man to dispute the Jurisdiction of the Supreme and highest Authority of England from which there is no Appeal and touching which there must be no dispute yet you did persist in such carriage as you gave no manner of obedience nor did you acknowledge any Authority in them nor the High Court that constituted this Court of Justice Sir I must let you know from the Court That they are very sensible of these delays of yours and that they ought not being thus Authorized by the supreme Court of England to be thus trifled withall and that they might in justice if they pleased and according to the Rules of Justice take advantage of these delayes and proceed to pronounce judgment against you yet nevertheless they are pleased to give direction and on their behalfs I do require you that you make a positive Answer unto this Charge that is against you Sir in plain terms for Justice knows no respect of persons you are to give your positive and final Answer in plain English whether you be guilty or not guilty of these Treasons laid to your Charge The King after a little pause said When I was here yesterday I did desire to speak for the Liberties of the People of England I was interrupted I desire to know yet whether I may speak freely or not President Sir you have had the Resolution of the Court upon the like Question the last day and you were told That having such a Charge of so high a Nature against you your Work was that you ought to acknowledge the jurisdiction of the Court and to Answer to your Charge Sir if you Answer to your Charge which the Court gives you leave now to do though they might have taken the advantage of your Contempt yet if you be able to Answer to your Charge when you have once Answered you shall be heard at large make the best Defence you can But Sir I must let you know from the Court as their commands that you are not to be permitted to issue out into any other discourses till such time as you have given a positive Answer concerning the Matter that is Charged upon you King For the Charge I value it not a Rush it is the Liberty of the people of England that I stand for for me to acknowledge a new Court that I never heard of before I that am your King that should be an example to all the people of England for to uphold Justice to maintain the old Laws indeed I do not know how to do it you spoke very well the first day that I came here on Saturday of the Obligations that I had laid upon me by God to the maintenance of the Libertyes of my People The same Obligation you speak of I do acknowledge to God that I owe to Him and to my people to defend as much as in me lies the ancient Laws of the Kingdom therefore until that I may know that this is not against the Fundamental Laws of the Kingdom by your favour I can put in no particular Answer If you will give me time I will then shew you my Reasons why I cannot do it and this Here being interrupted he said By your favour you ought not to interrupt me how I came here I know not there 's no Law for it to make your King your Prisoner I was lately in a Treaty upon the publick Faith of the Kingdom that was the known the two Houses of Parliament that was the
much the more acceptable especially since his Majesty required but the Sum which few men would deny a Friend and has a mind resolved to expose all his Earthly Fortune for Preservation of the General The Sum which His Majesty requires by these presents is which His Majesty promiseth in the Name of himself his Heirs and Successors to repay to them or their Assigns within Eighteen Months after the payment thereof to the Collector The Person whom his Majesty hath appointed is to whose hands his Majesty doth require them to send it within Twelve days after they have received this Privy Seal which together with the Collectors Acquittance shall be sufficient Warrant to the Officers of Receipt for their payment thereof at the time limited And the Collectors of the Loan were ordered to pay the Sums received into the Exchequer and to return the Names of such as went about to delay or excuse the Payment of the Sums required And now about the beginning of October the Fleet set to Sea the Lord Cecill second Son to the Earl of Exeter commanding the Land Forces and the Earl of Essex being Vice Admiral at Sea but they were surprized by so violent a Storm that the greatest part of the Navy which in all made up Fourscore Ships some being Dutch were dissipated and scattered for seven days together and an excellent Ship with an 170 Passengers in her were all cast away and lost the Design was to have furprized Cadiz in Spain to burn the Ships in the Harbour and to have taken the Spanish Plate Fleet which was daily expected from the Indies but by reason of the Plague amongst them and some other miscarriages of the Commanders the business was wholly disappointed and the Fleet returned home but four days before the Plate Fleet came Upon the Second of February was the Coronation at which the King did not pass through the City in State from the Tower as was usual but went by Water from Whitehall to Westminster for fear of the danger of a Concourse of People the Pestilence which raged the year before not being quite ceased The Bishop of Lincoln as Dean of Westminster should have performed the chief part of the Ceremony but being under displeasure Dr. Laud then Bishop of St. Davids supplied his place Divers considerable Forces had been raised both for Sea and Land for the better Discipline of whom 150 old Souldiers were sent for from the Netherlands by whose Industry they were brought into some good order against the meeting of the next Parliament which was summoned to sit Feb. 6. And being met accordingly the House of Commons chose Sir Henage Finch for their Speaker The first business they insisted upon was the rendring thanks to the King for his gracious Answer to their late Petition concerning Religion then they debated of the Publick Grievances viz. The miscarrying of the Fleet at Cadiz the evil Councellors about the King misimploying the Kings Revenue an Account of the Subsidies and three Fifteens granted in the 21 Year of King James And in the Committee of Grievances these four particulars were insisted on 1. The state of the King in the constant Revenue of the Crown and how much it had been diminished by Gifts of Lands Grants of Pensions Fruitless Embassies the Privy Purse and other ways 2. The Condition of the Subject in his Freedom about laying new impositions multiplying Monopolies Leuying of Customs without Act of Parliament and wasting the Treasure 3. The Cause of the Nations good success in former times whereby it was feared Victorious and Renowned abroad which they judged was occasioned by the Wisdom and Gravity of Counsel who ordered nothing but by publick Debate whereby there arose a readiness in the People to Assist their Soveraign in Purse and Person 4. The present Condition of the Kingdom wherein was represented the loss of its wonted Reputation through the ill success at Algier in the Palatinate in Count Manfields Expedition and at Cadiz and this was imputed to the want of such Counsels as were formerly used since for fear of not succeeding men were now afraid of venturing either there Persons or Purses There was likewise a Committe concerning Religion and the growth of Popery wherein Mr. Richard Montagues two Books before mentioned were again questioned and Articles drawn up against him charging him with several Passages for encouraging Popery and drawing his Majesties Subjects from the true Religion Established into Error and Superstition with other passages dishonourable to the late King and full of injurious and railing Language against other Persons as likewise that he endeavoured to raise Factions in the Kingdom by casting the scandalous Name of Puritan upon such of his Majesties Subjects as conformed themselves to the Doctrine of the Church of England upon which the House of Commons ordered that he should be brought to Exemplary Punishment and to have his Books burnt nor do we find that he ever made any Defence or Answer to those Articles that were brought against him It is affirmed that a while before the sitting of the Parliament Dr. Laud understanding from the D. of Buckingham that the King intended to leave Mr. Montague to a Tryal was heard to utter these words Iseem to see a Cloud arising and threatning the Church of England God in his Mercy dissipate it After this the Commons questioned several persons who were of the Council of War upon the Affairs of the Palatinate concerning the management of that business complaint was likewise made in the House of the Scotch and Irish Nobility for claiming precedency of the Peers of England of which redress was promised but a while after the Lord Martrevers Eldest Son and Heir to the Earl of Arundel Married the Daughter of the late Duke of Lenox contrary to the Kings Mind who intended her for the Lord Lorn Son and Heir of the Earl of Argile whereupon the Earl of Arundel was committed to the Tower which upon the Peers Petitioned to the King alledging That no Peer sitting in the Parliament is to be imprisoned without Order from the House of Lords unless for Felony Treason or denying to give security for the Peace Upon this there arose a Dispute which lasted for the space of two Months and then the Earl was set at Liberty In which time the House of Commons were very busie in searching the Signet Office for the Original of a Letter under the Signet written to the Mayor of York for reprieving divers Jesuites Priests and other Popish Recusants This was reported by Mr. Pim Chairman to the Committee for Religion but their proceedings therein were interrupted by a Meffage from the King sent by Sr. Richard Weston Chancellor of the Exchequer demanding a supply for the English and Irish Forces This was so highly resented that Mr. Clement Cook one of the Members openly Protested That it was better to die by a Forreign Enemy than to be destroyed at home And Dr. Turner another of the House seconded him with
these Queries 1. Whether the King had not lost the Regality of the Narrow Seas since the D. of Buckingham was Admixal 2. Whether his going as Admiral in this last Fleet was not the cause of its ill Success and return without any considerable Action 3. Whether the Kings Treasure hath not been impaired by the Dukes Immense Liberality 4. Whether he hath not Ingrossed all Offices and prefer'd his Kindred to most places 5. Whether he hath not sold places of Judicature 6. Whether Popish Recusants have not dependance upon his Mother and Father in Law These bold Expressions so provoked the King that he immediately sent Sir Richard Weston to demand Satisfaction of the House of Commons whereupon Dr. Turner presently after made a Speech in Vindication and for explaining himself alledging That what he had said was for the good of the Kingdom and not reflecting upon any one in patticular That to accuse upon common Fame he thought to be a Parliamentary way and warranted by the Cannons of the Church the Imperial Laws and by Ancient Presidents The Duke of Suffolk in King Hen. the Sixths time having been accused upon Common Fame He added likewise That Mr. Chancellor himself had presented some persons upon particular Fame and that he knew no reason why himself might not in that place have as ample Priviledge and the further debate of the matter being referr'd till another time Dr. Turner in the mean space writ a Letter to the Speaker to excuse his absence by reason of some Indisposition and to signify his desire of putting himself wholly upon the Judgment and Censure of Parliament Sir William Waller speaking his Opinion concerning Grievances said That the True Cause of them was because as was said of Lewes the 11th of France all the Kings Council Rode upon one Horse And that therefore His Majesty was to be advised as Moses was by Jethro to make choice of Councellors to assist him that should be thus qualified 1. Noble not Upstarts and of a Nights Growth 2. Men of Courage such as would execute their own places and not commit them to undeserving Deputies 3. Fearing God not inclining to false Worship or halting between two Opinions 4. Dealing truly not given to Flattery or favouring Courtship but such as might be safely trusted by the King and Kingdom 5. Hating Covetousness not such as lived upon other Mens Means or that would take Bribes or sell places in Church or State or about the King 6. To be many in the multitude of Councellors there being safety 7. To judg of small matters as well as great the greatest being to be referr'd to the King much less any one Councellor alone to manage all business 8. Elders not young and unexperienced Men through whose rash and unadvised proceedings great Designs many times miscarry And herein he was seconded by Sr. John Eliot who represented to the House The present State of the Kingdom and the great dishonour the King and Kingdom had sustained by several miscarriages and ill management of Matters of the highest Trust he likewise mentioned Two Presidents the first in the 16 year of Hen. 3. when the Parliament denied the Subsidies demanded till the great Officers were Examined and Hugh de Burg being found guilty of Corruption was displaced Another Example was in the 10th year of Rich. 2. when Supply was required and the Commons complaining that the Earl of Suffolk then over-ruled all they returned Answer That they could not give But notwithstanding these Discourses the Commons taking the Kings Necessities into Consideration Voted Three Subsidies and Three Fifteens and that the Bill should be brought in as soon as the Grievances which were represented were redressed They likewise considered of the matter of the Duke of Buckingham and the misimploying the Revenue and ordered that the Duke should again have notice of their Intentions therein But the King observing they did not make such hast as he expected to answer his last Message summons both Houses together and by the Lord Keeper complains to them For not punishing Dr. Turner and Mr. Cook and likewise for searching his Signet Office and also justified the D. of Buckingham to have acted nothing of Publick Imployment without his Special Warrant and therefore forbid them to concern themselves any further therein as looking upon it to be Libelling his own Government lastly he blamed them for being too sparing in the matter of Supply and for ordering the Bill not to be brought in till their Grievances were heard and answered which he would not admit of This was the substance of the Lord Keepers Speech to which the King himself added He must also put them in mind that his Father moved by their Counsel and won by their Perswasions broke the Treaties and that he himself was their Instrument towards his Father and was glad to be Instrumental in any thing which might please the whole Body of the Realm nor was there any then in greater Favour than the Duke whom they now traduced but that now finding him so far intangled in a War that he could make no honourable nor safe Retreat they made necessity their Priviledge and set what rate they pleased upon their Supplies a Practise not very obliging towards Kings and whereas Mr. Cook told them That it was better for them to die by a Forreign Enemy than to be destroyed at home Indeed he thought it to be more Honourable for a King to be Invaded and almost destroyed by a Forreign Enemy than to be despised at home After this at a Conference of both Houses in the Painted Chamber the Duke of Buckingham was commanded by the King to explain some Expressions in the Kings and the Lord Chancellors Speeches which might be subject to misunderstanding which the Duke performed accordingly and then gave a large Account of his Negotiation in the Low Countreys as soon as the Duke had ended the Lord Conway discoursed of the Treaties of Denmark and France and the business of the Navy and affirmed they were not done by single Councel since King James himself commanded it The Commons in Answer to the Kings last Speech presented him with a Remonstrance to this purpose That they gratefully acknowledged His Majesties Expressions of Affection to his People and Parliament That they had taken Mr. Cooks and Dr. Turners words into Consideration and might have given a good Account thereof by this time if his Majesties Message had not interrupted them That they had the Presidents of former Parliaments for searching the Letters of his Majesty and his Secretary of State the Signet Office and other Records upon the like occasions That it was the unquestionable Priviledge of Parliaments to complain of any Person of any degree and their proceedings in relation to the Duke should not prejudice either Crown or Kingdom That they were willing to Supply his Necessities Liberally and Faithfully if Additions might be made of other things which concerned his Service and were now in Consultation
was not admitted in whereupon the King with his Guard of Pensioners were resolved to force their Entrance which the Commons having notice of they suddenly went all out of the House and this was the end of this Parliament After their Dissolution the King publisheth a Declaration of the Causes thereof and then question'd Eleven of the Refractory Members at the Council Table who were all committed to divers Prisons About the same time the Marquis of Huntley Sheriff of the greatest part of Scotland neglecting the Order of the Council for seizing some Priests and Jesuites who publickly said Mass and committed other Insolences at Aberdeen with several other Lords who joyned with him and refused to appear upon Summons and had likewise given notice to the Priests and Jesuites to escape were proclaimed Rebels and Traitors to the King and Kingdom upon which they fled into England The French King having had much loss by the War with England did now therefore propose and conclude a Peace with the King consisting of several Articles A Paper was about this time dispersed abroad containing some Projects how the King might Augment his Revenues without the help of Parliaments upon which the Earls of Bedford Somerset and Clare with others where committed upon Information that they had dispersed some Copies of them but Sir David Fowls soon cleared them who deposed upon Oath that it was contrived near Sixteen years before by Sir Robert-Dudley Son to the Earl of Leicester when he was in Italy The dissolving the last Parliament procured great Animosities in the People against the Prime Ministers of State which occasioned divers Invective Libels to be dispersed abroad whereof one against Bishop Laud was found in the Dean of St. Pauls Yard to this Effect Laud look to thy self be assured thy life is sought as thou art the Fountain of Wickedness repent of thy monstrous sin before thou be taken out of the World and assure thy self Neither God nor the World can endure such a vile Councellor or Whisperer Another very bitter Libel was scattered against the Lord Treasurer Weston On the other side some considering the unsuccesfulness of this and the two former Parliaments advised never for the future to call any more Parliaments and to that end the forementioned Book of Projects was published and addrest to the King proposing some methods to prevent the Impertinency of Parliaments as he called them for time to come by the Example of Lewes 11th of France who pretended that the Commons or Third Estate did incroach too much upon the Nobility and Clergy dissolved it and never after suffered the People freely to Elect their Representatives but nominated certain Eminent Persons himself instead thereof which is called L' Assembly des Notabiles or the Assembly of Chief or Principal Men and the Methods proposed to avoid Parliaments were 1. To have a Fortress in every considerable Town 2. To cause high-ways to be made through all such Towns 3. To make none of the Inhabitants Governors of those Fortresses 4. To let none pass through those Towns without a Ticket 5. To have the Names of all Lodgers taken by Innkeepers 6. To impose a general Oath upon the Subjects not to oppose any of these Contrivances And to increase the Kings Revenue the Advice was 1. To demand the Tenth part of every Mans Estate 2. To buy all Leases upon the Crown Lands 3. To take the benefit of Salt into his own hands 4. To demand a Rate for Sealing the Weights every year 5. To lay a Taxe upon Wools. 6. Upon every Lawyers Fee 7. Upon Inns and Victualling Houses for a Licence 8. Upon all Cattle Flesh and Horses sold in the Market 9. Upon all Lands Alienated 10. To set a Rate upon all Offices in his Majesties Grant 11. To Reduce his Majesties Houshold to board wages 12. To lay a Taxe upon White Meats on fasting days 13. To lay an Imposition upon the Papists Lands 14. To Advance some Hundreds of Persons to Honours 15. To prohibit excess in Apparel which would save the Gentry more Money then what they were Taxed would amount to The Insurection of the Apprentices at Lambeth The E of Strafford beheaded on Towerhill Cheapside Cross pulled down in 1643. Upon May 29. 1630 the Queen was delivered of a Son at St. James's who was Christened Charles and Preserved by Providence to Succeed his Father in these Three Kingdoms as his Rightful Inheritance after the Miseries of a long and tedious Exile from his Native Countrey unto which he was at length happily Restored with the general Consent and Acclamations of the whole Kingdom The King of France and the Prince Elector Yalatine represented by the Duke of Lenox and the Marquis Hamilton were his Godfathers and the Queen Mother of France represented by the Dutchess of Richmond his Godmother It was observed that at his Nativity a Star was seen at Noon-day which might portend some extraordinary Passages of this Princes Life About this time Dr. Leighton was sentenced in the Star Chamber to have his Body Whipt his Fore-head Stigmatized his Ears Cropt his Nose Slit for publishing a Book called Sions Plea wherein he exhorted the late Parliament to smite the Bishops under the Fifth Rib and called the Queen the Daughter of Heth a Canaanite and Idolatress which Sentence was accordingly inflicted on him In Ireland the Papists presumed on St. Stephens day to say Mass in Dublin while the Lords Chief Justices were at Church who having notice thereof ordered the Preists Crucifixes and Vestments to be seized and Eight Popish Aldermen were likewise Imprisoned for not Assisting the Mayor but some Papists making a Tumult rescued the Priests whom the Guards again forced to deliver back Upon Information of this Riot and Insolency Fifteen Houses were by special Order from the Council seized upon for his Majesties use and the Priests and Fryers so disturbed that two of them hanged themselves Neither did the Papists agree together for there were great Contests in England between the Jesuites and Secular Priests The Earl of Essex had many years before married the Lady Howard who complaining of his Insufficiency for Marriage Duties the Cause was brought to a Tryal and it being made appear by a Jury of Midwives and the Earls own Confession That he never could and believed he never should carnally know her Thereupon Sentence of Divorce between him and his Lady was pronounced by the Bishops However the Earl was resolved to try his Fortune once more and therefore upon his return out of the Low Countreys where he had been for some time a Souldier he now Married a Daughter of Sir William Paulet of Wiltshire but a while after she objecting the same cause of complaint desired likewise to be Divorced from him which the Earl easily cousented to and it was done accordingly In the year 1631 and the 7th of his Majesties Reign Mervin Lord Audly and Earl of Castlehaven was Tryed by his Peers upon the Petition of his own
Son and Heir for Rape and Sodomy many unnatural and beastly Actions being proved against him whereupon he received Sentence to be Hanged but had the Favour to be Beheaded at Tower-hill This Earl was born of a very honourable Family and educated in the Protestant Religion but turned Papist to have the more liberty to commit wickedness in which he grew to so great aheight that he impudently declared in the presence of some Lords As others had their several Delights some in one thing some in another so his whole Delight was in damning Souls by enticing Men to such Acts as might surely effect it About this time Sir Giles Allington was Convented for Marrying his own Niece and was fined Twelve thousand Pound to the King and to give Twenty thousand Pound Bond never to cohabit or come in private with his Niece again and both of them to do Penance at St. Pauls Cross or St. Maries in Cambridge which they accordingly did The Protestants were very much discontented in Ireland that the Papists were discharged from paying the State Penalty of Twelve Pence a Sunday for not going to Church whereby their Number was wonderfully increased Whereupon the King recalled the Lords Justices who then governed that Kingdom and sent Viscount Wentworth afterward Earl of Strafford thither as Lord Deputy as judging that these distempers would be better composed under a single Government In the year 1633 and the 9th of his Majesties Reign the King made a Journey into Scotland attended with several of the Nobility and Persons of Quality and June 18 was solemnly Crowned King at Edenbourgh which Solemnity being finished the King calls a Parliament and passeth an Act for Ratification of the old Acts though some affirmed That the Confirmation of Episcopacy was intended thereby and therefore though in vain opposed it upon which some of those Persons became a while after principal Men among the Covenanters In this Scottish Parliament that Nation shewed then some signs of diaffection to the King by Reason of several Acts which then passed and the generality of the People who without doubt were influenced by the greater Malecontents would not suffer the Bishop of Dumblain Dean of the Kings Private Chappel there to perform Prayers twice a day after the English manner neither durst they receive the Communiou on their knees nor wear a Surplice upon Sundays and Holy days Not long before his Majesty went to Scotland being desirous if possible to have prevented that Trouble the King writ to a Scottish Lord who was intrusted with that Crown to bring it into England that he might be Crowned here but the Lord returned Answer That he durst not be so false to his Trust but if his Majesty would be pleased to accept thereof in Scotland he should find those his People ready to yield him the highest Honour but if he should long defer that Duty they might perbaps be inclined to make choice of another King A very strange and unusual Answer from a Subject to a Prince October 13 1633. The Queen was delivered of her Second Son who was Baptized James and designed Duke of York and about that time died George Abbot L. Archbishop of Canterbury and William Laud Bishop of London was Elected into his place In the Year 1634 the English Coasts were very much Infested by Pyrates and the Fishing Trade almost ingrossed by the Hollanders and his Majesty having occasion for Money to Regain his Absolute Dominion over the Brittish Seas the Design of Shipmoney was first set on foot and Attorney General Noy being consulted about it he out of some old Records finds an Ancient President of Raising a Tax upon the Nation by the Authority of the King alone for setting out a Navy in case of danger which was thereupon accordingly put in Execution and by this Tax the King raised by Writ above Twenty thousand pound a Month though not without great discontent both among the Clergy and Laiety The Discontents in Scotland began to increase and a Book was published charging the King with indirect proceedings in the last Parliament and a tendancy to the Romish Belief and to blow up these Scoth Sparks to a Flame Cardinal Richlieu sent over his Chaplain and another Gentleman to heighten their Discontents The Author of that Book was seized and found to be abbetted by the Lord Balmerino the Treacherous Son of a perfidious Father who was thereupon Arraigned by his Peers and Sentenced to Death but Pardoned by the King At this time Gregory Panzani a Priest was sen over by the Pope with a Commission of Oyer and Terminer to decide the difference between the Jesuites and Secular Priests and Insinuating himself into the Favour of the Lord Cottington and Secretary Windebank he endeavours to discover how far the King might be perswaded about giving Toleration to the Popish Religion as to allow them a Popish Bishop to reside here but nominated and limited by the King and that the Pope might send a Nuncio to the Queen but having made some agreement between the Jesuites and Priests Panzani returned to Rome and left the further transacting of Business to Seignior Con who staid in his room In the year 1635 A Noble Fleet was fitted out by the Supply of Shipmoney consisting of Forty Sail under the Earl of Lindsey to scour the Seas from Pyrates at which time the French and Hollanders had confederated against the Spaniard in Flanders both by Land and Sea but the English Fleet removed the Hollanders from before Dunkirk and the Common People inraged by the French insolencies at Land rose up against them and Assisted the Spaniard to expel them the Countrey One Robert Par of Shropshire a Man almost an Hundred and threescore years old was this year brought to London by the Earl of Arundel as a Rarity or Miracle where he dyed soon after though it is very probable he might have lived much longer if he had continued at home for his removal from his own Air change of Diet and the tediousness of so long a Journey may be supposed to have hastned his end December 23 1635. the Lady Elizabeth the Kings Second Daughter was born and to Congratulate the Queens happy delivery the Hollander sent an Ambassador with a present of an extraordinary value that is a Massy Piece of Ambergreece Two large and almost Transparent China Dishes a Clock of most excellent Workmanship which was made by Rodulphus Emperour of Germany and likewise several curious pieces of Painting Dr. William Juxon Bishop of London about this time was made Lord Treasurer in the place of the L. Weston Earl of Portland deceased And now great differences arose about Church matters chiefly occasioned by Arch Bishop Lauds strict and zealous Enjoyning of Ceremonies as placing the Communion Table at the East end of the Church upon an Ascent with Rails Altar fashion with many other things not formerly strictly insisted on and now vehemently opposed by those who were usually called Puritans and
Archbishop Laud upon an Accusation of High Treason by the Commons was committed to the Tower And now Episcopacy it self was called in question and though the Lord Digby made a witty and weighty Speech in Defence of it and Archbishop Usher gave his Judgment for the Moderation and Emendation of it and the Liturgy not the Extirpation thereof yet the Wings of Episcopacy were shrewdly clipt for March 10 the Commons Voted That no Bishop should have any Vote in Parliament nor any Judicial power in the Star Chamber nor be concerned in any Temporal matters and that no Clergy-man should be a Justice of Peace Upon Monday March 26 1640. the Earl of Straffords Tryal began in Westminster-hall the King Queen and Prince being present and the Commons likewise being there as a Committee at the managing their Accusation the Earl of Arundel was Lord High Steward and the Earl of Lindsey Lord High Constable the Earl of Strafford though he had but short warning yet had gotten his Defence ready against the time The Accusation was managed by Mr. Pym consisting of Twenty eight Articles to most of which the Earl made Particular Replies But the Commons were resolved to prosecute him to the utmost and had therefore procured the Parliament of Ireland to prosecute him there also as guilty of High Treason which being unexpectedly produced extorted from the Earl this passionate Expression That there was a Conspiracy against him to take away his Life At which the Commons cryed out against him That standing Impeached of High Treason he durst accuse the Parliament of two Kingdoms of Conspiracy against him But besides all these certain notes were produced against him which were taken by Sir H. Vane in a close Committee of select Counsellors whom the King had chosen to consult about his second Expedition against the Scots out of which it was alledged against the Earl That he had given the King advice to borrow an Hundred thousand pound of the City of London To levy Ship-money rigorously and that his Majesty having tryed the Affections of his People was absolved and loosed from all Rules of Government and might do what power would admit and having an Army in Ireland might imploy it for the reducing of this Kingdom which he was sure could not hold out five months And London being full of the Nobility the Commission of Array was to be set on foot and all Opposers thereof to be severely dealt with To this the Earl replyed That he conceived it lawful for a Privy Counsellor to have freedom of Voting with others and as to the matter of the English Army he thought that the single Testimony of one man Secretary Vane was not of Validity in Law much less in Life and Death and that the Depositions of Secretary Vane was doubtful as appeared by several Examinations and that there were present at the Debate but eight Privy Counsellors whereof two were not to be produced and four others declared upon their Honours that they never heard him speak those words or any like them and lastly that if he had spoken them which he yet granted not that the word This Kingdom could not imply England the debate being concerning Scotland there being not the least intention of Landing the Irish Army in England and concluded his Defence with telling the Lords that he was accused as guilty of Treason for endeavouring to subvert the Fundamental Laws of the Land but it seemed strange to him that it should be Treason together which was not Treason in any part and lastly desired the Lords to consider how their own Priviledges and other Ministers of State would suffer by his Condemnation The Commons must now justifie their Charge by Law to which end they produced the Salvo annexed to the Stat. of 25 Ed. 3. The words were these Because all particular Treasons could not be then defined therefore what the Parliament should declare to be Treason in time to come should be punished as Treason And so this Salvo was to be the Ground work of the Bill of Attainder This being a point of Law the Earl had Council allowed him who answered on his behalf That the Statute which they cited was but a Declarative and a Penal Law awd would no way admit of such Consequential and Inferential Constructions and that this Salvo was repealed by an Act of Parliament in the Sixth of Henry the fourth And so the Court Adjourned without prefixing any time of Meeting for the Commons proceeded to dispatch their Bill of Attainder and April 19 1641 they Voted the Earl Guilty of High Treason upon the Evidence of Secretary Vane and his Notes And upon the 25th they passed the Bill and sent to the Lords for their Concurrence to whom it seemed at first so perplext a business that the Commons were forced to send Mr. Saint John the Kings Sollicitor to confer with them about it who gave them such satisfaction that thence forward they shewed greater propensity to the Earls Condemnation In the mean time the Commons petitioned the King 1. To remove all Papists from Court. 2. For disarming of them generally throughout the Kingdom 3. For disbanding the Irish Army To which the King answered 1. They all knew what Legal Trust the Crown hath in that particular therefore he shall not need to say any thing to assure them that he shall use it so as there shall be no just cause of scandal 2. As for the second he is content it shall be done by Law And for the last he had entred into Consultation about it finding many difficulties therein and doth so wish the disbanding of all Armies as he did conjure them speedily and heartily to joyn with him in disbanding those two here Scots and English The House of Commons having finished their Bill of Attainder against the Earl of Strafford and the King fearing the Conclusion and being willing to do some good Office to him His Majesty May 1 1641 calls both Houses together and in a Speech tells them That he had been present at the hearing of that great Cause and that in his Conscience positively he could not condemn him of High Treason and yet could not clear him of misdemeanours but hoped a way might be found out to satisfie Justice and their fears without oppressing his Conscience And so he dismissed them to their great discontent which was propagated so far that May 3. near a Thousand Citizens most of them armed with Swords Cudgels and Staves came thronging down to Westminster crying out for Justice against the Earl of Strafford especially applying themselves to the Earl of Montgomery Lord Chamberlain by whose perswasions and promises their fury was partly abated However they posted upon the Gate at Westminster a List of the Names of those who would have acquitted the Earl whom they stiled Staffordians The Parliament being Informed that some endeavours were used to raise a Disgust in the English Northern Army against their Proceedings they now enter into a National
discovering by an intercepted Letter began to project new designs and his Son Capt. Hotham being suspected by the Parliament was imprisoned at Nottingham but made his escape and underhand Treated with the E. of Newcastle Upon which Orders were sent for seizing both Father and Son which was done accordingly together with his wife and the rest of his Children who were all sent up Prisoners to the Parliament and some Months after Sir John and his Son were brought to Tryal in Guild-hall the E. of Manchester and others being assigned their Judges and the Father is charged That he had Traiterously betrayed the Trust reposed in him by the Parliament and adhered to the Enemy as appeared by his Words by his Letters and by his Actions and that he held correspondence with the Queen the E. of Newcastle L. Digby and others of that Party and had endeavoured to betray Hull to them His Son was charged with things of the same nature upon which they were both Sentenced to be Beheaded which was accordingly Executed the Son Jan. 1. 1644. and the Father the next day after But to return July 4. 1643. P. Rupert sits down before Bristoll and though Coll. Fines had formerly hanged up some Citizens for intending to have delivered up the Town to the Prince yet nevertheless the design took effect for being at that time very ill provided for resistance which P. Rupert had notice of from his Correspondents within the Governour was constrained after 3 days Siege to surrender it to him Aug. 12. the E. of Lindsey being freed from his imprisonment wherein he was since Edge-hill fight came to the King at Oxford and soon after P. Maurice besieged Exeter flinging in Granadoes and firing part of the Suburbs upon which a fruitless Parley ensued the next day the Prince masters the Great Sconce and turns the great Guns thereon upon the City and then the Garrison agreed to yield the Officers only to part with their Swords and the private Souldiers to march out with Cudgels in their hands At this time Judge Berkley who had been imprisoned by the Parliament about Ship-money was fined Twenty thousand pound made incapable of all Offices and to continue a Prisoner during pleasure The Parliament were now busied for recruiting Sir William Waller's Army and to incline the Londoners to a more chearfull compliance Pennington the L. Maior was made Lieutenant of the Tower yet Waller was forced to stay because Essex his Army wanted likewise Reinforcement Essex musters ten thousand men at Hounslow Heath but this would not serve for so weighty an Affair as the relief of Glocester now besieged by the King and he must therefore make use of the London Trained Bands Glocester was the place which stopt the current of the Kings successes Massey was Governour thereof and had with him two Regiments of Foot and an 100 Horse which with some other Recruits made up 1500 men with forty Barels of Powder and a slender Artillery yet they within behaved themselves like men of Resolution and Allarum'd the Besiegers with frequent Sallies The King plants his Cannon against the Gates which made above 150 shot and the Granadoes did some Execution in the Town yet nothing abated the Spirits of the People Whereupon the King prepares for a General Storm and all was ready they within being in want and having but three Barrels of Powder left when news comes that Essex was on his March with a powerfull Army to raise the Siege whereupon after consultation had by the King with the General Officers it was resolved the Kings Army should draw off which was done and all their Hutts were set on fire and Sept. 5. 1643. Essex enters into Glocester and having furnished the City plentifully with provisions went after the King who at that Siege lost that opportunity of marching up to London the Parliament having then no considerable Army in the Field which he could never regain The War had hitherto continued in Ireland and the English Army had commonly success against the Rebels but the King now understanding the Parliaments contracting with the Scots for aid thought fit to strengthen himself by recalling part of his Army there hither and commissionated the E. of Ormond his Lieut. General to agree on a cessation for a year which was concluded at Singeston and Sept. 18. 1643. was proclaimed by the Lords Justices and Council at Dublin and soon after some Forces from thence landed in Wales and took Hawerden Castle near Chester for the King The E. of Essex having relieved Glocester speeds after the King and passing by Cirencester left a strong Party there where P. Maurice was expected that night but instead of him comes Essex and being mistaken for the other enters the Town without any Opposition seizes 400 men and 30 Cart loads of Provision and then marches to Newberry where the King was before and had gotten the advantage of the Ground and planted his Ordnance Early in the morning Sept. 20. 1643. Essex views the Kings Army and in Newberry Common draws up his own and falls to firing the Kings Army doing the like That part of the Army which P. Rupert charged being overlay'd were forced to fall off on the Right hand where two Great Bodies of Horse marched down the Hill and fell in furiously upon the Prince both sides acting with great valour and fury and coming to handy-strokes with their Swords The Essexians then wheeling about charged the L. Jermins Regiment whom they forced to make their escape through some Bodies of Foot this Battel caused great loss and bloodshed on either side but greater on the Kings whose other Bodies of Horse commanded by the Earls of Carnarvan and Northampton notwithstanding the great courage of their Commanders were overpowered and the Earls of Carnarvan and Sunderland Viscount Falkland and many other Officers and Gentlemen slain The London Trained Bunds and Auxiliaries did the Parliament great service in this Fight Night coming on both Armies retired and next day marched away from each other After this several Places were Garrisoned for the King by Sir William Vavasor as Tewksbury Shudley Castle and other places in Glocester-shire and soon after Waller again surpriseth Tewksbury but is afterward beaten by P. Maurice Massey and Waller take Hereford and Sir William Brereton had the Town and Castle of Eccleshall delivered upon reasonable Quarter An Ordinance is now published by the Parlirment to seize upon the Kings Revenue And Sir William Waller is made Major General of Hampshire Sussex Surrey and Kent and marching to Farnham beat a Party of the Kings Army and then took Aulton and Arundell Casile Collonel Nerton was routed by Hopton and the Paliament finding the Kings Power increase they publish That whoever shall assist the King with Horse Arms Plate or Money against them are Traytors to the Paliament and shall be so preceeded against The King summons a Parliament at Oxford Jan. 22. 1643. where in the great Hall at Christ-Church he tell them
Representative of the Kingdom and when that I had almost made an end of the Treaty then I was hurried away and brought hither and therefore Here the President interrupted him and said Sir you must know the pleasure of the Court. King By your favour Sir President Nay Sir by your favour you may not be permitted to fall into these discourses you appear as a Delinquent you have not acknowledged the Authority of the Court the Court craves it not of you and once more they command you to give your positive Answer Clerk Do your Duty King Duty Sir The Clerk reads Charles Stuart King of England you are accused in the behalf of the Commons of England of divers high Crimes and Treasons which Charge hath been read unto you the Court now requires you to give your positive and final Answer by way of confession or denyal of the Charge King Sir I say again to you so that I might give satisfaction to the people of England of the clearness of my proceedings not by way of Answer not in this way but to satisfie them that I have done nothing against that Trust that hath been committed to me I would do it but to acknowledge a new Court against their Priviledges to alter the fundamental Laws of the Kingdom Sir you must excuse me President Sir this is the third time that you have publickly disowned the Court and put an affront upon it how far you have preserved the Priviledges of the people your Actions have spoke it but truly Sir mens intentions ought to be known by their Actions you have written your meaning in bloody Characters throughout the whole Kingdom but Sir you understand the pleasure of the Court Clerk Record the default and Gentlemen you that took charge of the Prisoner take him back again King I will onely say this one word to you If it were only my own particular I would not say any more nor interrupt you President Sir you have heard the pleasure of the Court and you are notwithstanding you will not understand it to find that you are before a Court of Justice Then the King went forth with his Guard and Proclamation was made That all persons who had then appeared and had further to do at the Court might depart into the Painted Chamber to which place the Court did forthwith adjourn and intended to meet in Westminster-Hall by Ten of the clock the next morning Cryer God bless the Kingdom of England His Majesty intended to have delivered in writing his Reasons against the Pretended Jurisdicton of the High Court of Justice upon Monday Jan. 22. but was not permitted Saturday the 27 of January 1648. O Yes made Silence commanded The Court called Serjeant Bradshaw Lord President in his Scarlet Robe suitable to the work of this day with sixtie eight other Members of the Court called As the King came into the Court in his usual posture with his Hat on a Cry made in the Hall by some of the Souldiers for Justice Justice and Execution King I shall desire a word to be heard a little and I hope I shall give no occasion of interruption President You may answer in your time hear the Court first King If it please you Sir I desire to be heard and I shall not give any occasion of interruption and it is only in a word a sudden judgment President You shall be heard in due time but You are to hear the Court first King Sir I desire it it will be in order to what I believe the Court will say and therefore Sir a hastie Judgment is not so soon recalled President Sir you shall be heard before the Judgment be given and in the mean time you may forbear King Well Sir shall I be heard before the judgment be given President Gentlemen it is well known to all or most of you here present That the Prisoner at the Bar hath been several times convented and brought before the Court to make answer to a Charge of Treason and other high Crimes exhibited against him in the Name of the People of England to which Charge being required to Answer Here an honourable Lady interrupted the Court saying Not half the People but she was soon silenced he hath been so far from obeying the Commands of the Court by submitting to their Justice as he began to take upon him to offer reasoning and debate unto the Authoritie of the Court and of the highest Court that constituted them to try and judge him but being over-ruled in that and required to make his Answer he was still pleased to continue contumacious and to refuse to submit or Answer Hereupon the Court that they may not be wanting to themselves to the trust reposed in them nor that any mans wilfulness prevent Justice they have thought fit to take the matter into their consideration They have considered of the Contumacy and of that confession which in Law doth arise upon that contumacy They have likewise considered of the notoriety of the Fact charged upon the Prisoner and upon the whole matter they are resolved and have agreed upon a Sentence to be now pronounced against this Prisoner but in respect he doth desire to be heard before the Sentence be read and pronounced the Court hath resolved that they will hear him yet Sir thus much I must tell you before-hand which you have been minded of at other Courts that if that you have to say be to offer any Debate concerning jurisdiction you are not to be heard in it you have offered it formerly and you have indeed struck at the root that is the power and Supreme Authority of the Commons of England which this Court will not admit a debate of and which indeed is an irrational thing in them to do being a Court that acts upon Authority denived from them that they should presume to judge upon their Superiority from whom there is no Appeal But Sir if you have any thing to say in defence of your self concerning the matters charged the Court hath given me command to let you know they will hear you King Since that I see that you will not hear any thing of debate concerning that which I confess I thought most material for the peace of the Kingdom and for the Liberty of the Subject I shall wave it I shall speak nothing to it but only I must tell you That this many a day all things have been taken away from me but that that I call more dear to me than my life which is My Conscience and my Honour and if I had respect to my life more than the Peace of the Kingdom the Liberty of the Subject certainly I should have made a particular defence for my self for by that at least-wise I might have delayed an ugly Sentence which I believe will pass upon me Therefore certainly Sir as a man that hath some understanding some knowledge of the world if that my true zeal to my Countrey had not overborn the care
that I have of my own preservation I should have gone another way to work than that I have done Now Sir I conceive that an hastie Sentence once past may be sooner repented than recalled And truly the self same desire that I have for the Peace of the Kingdome and the Liberty of the Subject more than my own particular does make me now at last desire That having something for to say that concerns both I desire before Sentence be given that I may be heard in the Painted Chamber before the Lords and Commons this delay cannot be prejudicial to you whatsoever I say if that I say no Reason those that hear me must be Judges I cannot be Judge of that that I have if it be Reason and really for the welfare of the Kingdom and the Liberty of the Subject I am sure on it very well it is worth the hearing Therefore I do conjure you as you love that you pretend I hope it is real the Liberty of the Subject the Peace of the Kingdom that you will grant Me the hearing before any Sentence be passed I only desire this that you will take this into your consideration it may be you have not heard of it before-hand if you will I 'le retire and you may think of it but if I cannot get this Liberty I do here protest that so fair shews of Liberty and Peace are pure shews and not otherwise then that you will not hear your KING President Sir You have now spoken King Yes Sir President And this that you have said is a further declining of the Jurisdiction of this Court which was the thing wherein you were limited before King Pray excuse me Sir for my interruption because you mistake me it is not a declining of it you do judge me before you hear me speak I say it will not I do not decline it though I cannot acknowledge the Jurisdiction of the Court yet Sir in this give Me leave to say I would do it though I did not acknowledge it in this I do protest it is not the declining of it since I say if that I do say any thing but that that is for the Peace of the Kingdom and the Liberties of the Subject then the shame is mine Now I desire that you will take this into your consideration if you will I 'le withdraw President Sir this is not altogether new that you have moved unto us not altogether new to us though the first time in person you have offered it to the Court Sir you say you do not Decline the Jurisdiction of the Court. King Not in this that I have said President I understand you well Sir but nevertheless that which you have offered seems to be contrary to that saying of yours for the Court are ready to give a Sentence it is not as you say That they will not hear your King for they have been ready to hear you they have patiently waited your pleasure for three Courts together to hear what you would say to the Peoples Charge against you to which you have not vouchsafed to give any answer at all Sir This tends to a further delay Truly Sir such delayes as these neither may the Kingdom nor Justice well bear You have had three several dayes to have offered in this kind what you would have pleased This Court is founded upon that Authority of the Commons of England in whom rests the Supreme Jurisdiction That which you now tender is to have another Jurisdiction and a co-ordinate Jurisdiction I know very well you express your self Sir That notwithstanding that you would offer to the Lords nnd Commons in the Painted Chamber yet nevertheless you would proceed on here I did hear you say so but Sir that you would offer there whatever it is must needs be in delay of the Justice here so as if this Court be resolved and prepared for the Sentence this that you offer they are not bound in justice to grant but Sir according to that you seem to desire and because you shall know the further pleasure of the Court upon that which you have moved the Court will withdraw for a time King Shall I withdraw President Sir you shall know the pleasure of Court presently the Court withdraws for half an hour into the Court of Wards Serjeant at Arms The Court gives command that the Prisoner be withdrawn and they give order for his return again The Court withdraws for half an hour and returns President Serjeant at Arms send for your prisoner Sir You were pleased to make a motion here to the Court to offer a desire of yours touching the propounding of somewhat to the Lords in the Painted Chamber for the Peace of the Kingdom Sir you did in effect receive an answer before the Court adjourned Truly Sir their withdrawing and adjournment was pro forma tantum for it did not seem to them that there was any difficulty in the thing they have considered of what you have moved and have considered of their own Authority which is founded as hath been often said upon the Supreme Authority of the Commons of England assembled in Parliament The Court acts accordingly to their Commission Sir the return I have to you from the Court is this That they have been too much delayed by you already and this that you now offer hath occasioned some little further delay and they are JUDGES appointed by the highest JUDGES and Judges are no more to delay than they are to deny justice they are good words in the old Charter of England Nulli negabimus nulli vendemus nulli deferemus Justitiam There must be no delay but the truth is Sir and so every man here observes it That you have much delayed them in your contempt and default for which they might have long since proceeded to judgment against you and notwithstanding what you have offered they are resolved to proceed to punishment and to Judgment and that is their unanimous resolution King Sir I know it is in vain for me to dispute I am no Sceptick for to deny the power that you have I know that you have power enough Sir I confess I think it would have been for the Kingdoms peace if you would have taken the pains for to have shown the lawfulness of your power for this delay that I have desired I confess it is a delay but it is a delay very important for the peace of the Kingdom for it is not my Person that I look on alone it is the Kingdoms welfare and the Kingdoms peace it is an old sentence That we should think on long before we have resolved of great matters suddenly Therefore Sir I do say again that I do put at your doors all the inconveniency of an hasty Sentence I confess I have been here now I think this week this day eight daies was the day I came here first but a little delay of a day or two further may give peace whereas an Hasty Judgment may bring
on that trouble and perpetual inconveniency to the Kingdom that the Child that is unborn may repent it and therefore again out of the Duty I owe to God and to my Countrey I do desire that I may be heard by the Lords and Commons in the Painted Chamber or any other Chamber that you will appoint me President Sir you have been already answered to what you even now moved being the same you moved before since the Resolution and the Judgement of the Court in it and the Court now requires to know whether you have any more to say for Your self than you have said before they proceed to Sentence King I say this Sir That if you will hear me if you will give me but this delay I doubt not but I shall give some satisfaction to you all here and to my people after that and therefore I do require you as you will Answer it at the dreadfull day of judgment that you will consider it once again President Sir I have received direction from the Court King Well Sir President If this must be re-inforc'd or any thing of this nature your answer must be the same and they will proceed to Sentence if you have nothing more to say King I have nothing more to say but I shall desire that this may be entred what I have said President The Court then Sir hath something to say unto you which although I know it will be very unacceptable yet notwithstanding they are willing and are resolved to discharge their Duty Sir you speak very well of a precious thing that you call Peace and it had been much to be wished that God had put it into your heart that you had as effectually and really endeavoured and studied the Peace of the Kingdom as now in words you seem to pretend but as you were told the other day Actions must expound Intentions yet Actions have been clean contrary and truly Sir it doth appear plainly enough to them that you have gone upon very erroneous principles the Kingdom hath felt it to their smart and it will be no ease to you to think of it for Sir you have held your self and let fall such Language as if you had been no wayes subject to the Law or that the Law had not been your Superiour Sir the Court is very well sensible of it and I hope so are all the understanding people of England That the Law is your Superiour That you ought to have ruled according to the Law you ought to have done so Sir I know very well your pretence hath been that you have done so but Sir the difference hath been who shall be the Expositors of this Law Sir whether you and your party out of Courts of Justice shall take upon them to expound Law or the Courts of Justice who are the Expounders nay the Soveraign and the High Court of Justice the Parliament of England who are not onely the highest Expounders but the sole Makers of the Law Sir for you to set your self with your single judgment and those that adhere unto you against the highest Court of Justice that is not Law Sir as the Law is your superiour so truly Sir there is something that is superior to the Law and that is indeed the Parent or Author of the Law and that is the People of England For Sir as they are those that at the first as other Countreys have done did chuse to themselves this Form of Government even for Justice sake that Justice might be administred that Peace might be preserved so Sir they gave Laws to their Governors according to which they should govern and if those Laws should have proved inconvenient or prejudicial to the publick they had a power in them and reserved to themselves to alter as they should see cause Sir it is very true what some of your side have said Rex non habet parem in Regno This Court will say the same while King That you have not your Peer in some sence for you are Major singulis but they will averr again that you are Minor universis and the same Author tells you that in exhibitione juris there you have no power but are quasi minimus This we know to be Law Rex habet superiorem Deum Legem etiam Curiam and so says the same Author and truly Sir he makes bold to go a little further Debent ei ponere fraenum They ought to bridle him and Sir we know very well the stories of old Those Wars that were called the Barons Wars when the Nobility of the Land did stand out for the Liberty and Property of the Subject and would not suffer the Kings that did invade to play the Tyrants here but called them to account for it we know that truth That they did fraenum ponere But Sir if they do forbear to do their duty now and are not so mindful of their own honour and the Kingdoms good certainly the Commons of England will not be unmindful of what is for their preservation and for their safety Justitiae fruendi causa Reges constituti sunt This we learn is the end of having Kings or any other Governours it 's for the enjoying of Justice that 's the end Now Sir if so be the King will go contrary to the end of his Government Sir he must understand that he is but an Officer of trust and he ought to discharge that trust and they are to take order for the animadversion and punishment of such an offending Governour This is not Law of yesterday Sir since the time of the division betwixt you and your People but it is Law of old And we know very well the Authors and Authorities that do tell us what the Law was in that point upon the Election of Kings upon the Oath that they took unto their People and if they did not observe it there weere those things called Parliaments The Parliaments were they that were to adjudge the very words of the Author the plaints and wrongs done of the King and Queen or their Children such wrongs especially when the People could have no where else any remedy Sir that hath been the People of Englands case they could not have their remedy elsewhere but in Parliament Sir Parliaments were ordained for that purpose to redress the grievances of the People that was their main end and truly Sir if so be that the Kings of England had been rightly mindful of themselves they were never more in Majesty and State than in the Parliament but how forgetfull some have been Histories have told us We have a miserable a lamentable a sad experience of it Sir by the old Laws of England I speak these things the rather to you because you were pleased to let fall the other day you thought you had as much knowledge in the Law as most Gentlemen in England it is very well Sir And truly Sir it is very good for the Gentlemen of England to understand that Law
under which they must live and by which they must be governed And then Sir the Scripture says They that know their Masters Will and do it not what follows The Law is your Master the Acts of Parliaments the Parliaments were to be kept anciently we find in our Author twice in the year That the Subject upon any occasion might have a ready remedy and redresse for his Grievance Afterwards by several Acts of Parliament in the dayes of your Predecessor Edward the third they must have been once a year Sir what intermission of PARLIAMENTS hath been in your time it is very well known and the sad consequences of it and what in the interim instead of these Parliaments hath been by you by an high and Arbitrary hand introduced upon the People that likewise hath been too well known and felt But when God by his Providence had so brought it about that you could no longer decline the calling of a Parliament Sir yet it will appear what your ends were against the Ancient and your Native Kingdom of Scotland The Parliament of England not serving your ends against them you were pleased to dissolve it Another great necessity occasioned the calling of this Parliament and what your designs and plots and endeavours all along have been for the ruining and confounding of this Parliament hath been very notorious to the whole Kingdom And truly Sir in that you did strike at all that had been a sure way to have brought about that that this layes upon you Your Intention to subvert the Fundamental Laws of the Land For the great bulwark of Liberty of the People is the PARLIAMENT of England and to Subvert and Root up that which your aim hath been to do certainly at one blow you had confounded the Liberties and the Propriety of England Truly Sir it makes me call to mind I cannot forbear to express it for Sir we must deal plainly with you according to the merits of your cause so is our Commission it makes me call to mind these proceedings of yours that we read of a great Roman Emperor by the way let us call him a great Roman Tyrant Caligula that wisht that the People of Rome had had but one Neck that at one blow he might cut it off and your proceedings hath been somewhat like to this for the body of the people of England hath been and where else represented but in the Parliament and could you have but confounded that you had at one blow cut off the neck of England but God hath reserved better things for us and hath pleased for to Confound your designs and to break your Forces and to bring your Person into Custodie that you might be responsible to Justice Sir we know very well That it is a question on your side very much Press'd By what president we shall proceed Truly Sir for Presidents I shall not at this present make any long discourse but it is no new thing to cite Presidents almost of all Nations where the People when power hath been in their hands have not sticked to call their Kings to account and where the change of Government hath ensued upon occasions of the Tyranny and Mis-government of those that have been placed over them I will not spend time to mention France or Spain or the Empire or other Countries Volumes may be written of them But truly Sir that of the Kingdom of Arragon I should think some of us have thought upon it where they have the Justice of Arragon that is a man tanquam in medio positus betwixt the King of Spain and the people of the Country that if wrong be done by the King he that is the King of Arragon the Justice hath power to reform the wrong and he is acknowledged to be the Kings Superiour and is the grand preserver of their priviledges and hath prosecuted Kings upon their miscarriages Sir What the Tribunes of Rome were heretofore and what the Ephori were to the Lacedaemonian State we know that is the Parliament of England to the English State and though Rome seem to have lost its liberty when once the Emperours were yet you shall find some famous Acts of Justice even done by the Senate of Rome that great Tyrant of his time Nero condemned and judged by the Senate But truly Sir to you I should not mention these Forreign examples and stories If you look but over Tweed we find enough in your native Kingdom of Scotland If we look to your first King Forgusius that your stories make mention of he was an Elective King he died and left two Sons both in their minority the Kingdom made choice of their Unkle his Brother to govern in the minority afterwards the Elder Brother giving small hopes to the People that he would rule or govern well seeking to supplant that good Unkle of his that governed them justly they set the Elder aside and took to the Younger Sir if I should come to what your stories make mention of you know very well you are the 109th King of Scotland for to mention so many Kings as that Kingdom according to their power and priviledge have made bold to deal withal some to banish and some to imprison and some to put to death it would be too long and as one of your Authors sayes it would be too long to recite the manifold examples that your own stories make mention of Reges say they we do create we created Kings at first Leges c. We imposed Lawes upon them and as they are chosen by the suffrages of the People at the first so upon just occasion by the same suffrages they may be taken down again and we will be bold to say that no Kingdom hath yielded more plentiful experience than that your Native Kingdome of Scotland hath done concerning the deposition and the punishment of their offending and transgressing Kings c. It is not far to go for an example near you your Grandmother set aside and your Father an Infant crowned and the State did it here in England here hath not been a want of some examples they have made bold the Parliament and the People of England to call their Kings to account there are frequent examples of it in the Saxons time the time before the Conquest since the Conquest there wants not some Presidents neither King Edward the second King Richard the second were dealt with so by the Parliament as they were deposed and deprived and truly Sir whoever shall look into their stories they shall not find the Articles that are charged upon them to come near to that height and capitalness of Crimes that are layed to your charge nothing near Sir you were pleased to say the other day wherein they descend and I did not contradict it but take altogether Sir if you were as the Charge speaks and no otherwise admitted K. of England but for that you were pleased then to alledge how that almost for a thousand years these things have
and to have punished you for it But then Sir the weight that lies upon you in all those respects that have been spoken by reason of your Tyranny Treason breach of Trust and the Murthers that have been committed surely Sir it must drive you into a sad consideration concerning your eternal condition As I said at first I know it cannot be pleasing to you to hear any such things as these are mentioned unto you from this Court for so we do call our selves and justifie our selves to be a Court and a High Court of Justice authorized by the highest and solemnest Court of the Kingdom as we have often said and although you do yet endeavour what you may to dis-court us yet we do take knowledge of our selves to be such a Court as can administer Justice to you and we are bound Sir in duty to do it Sir all I shall say before the reading of your Sentence it is but this the Court does heartily desire that you will seriously think of those evils that you stand guilty of Sir you said well to us the other day you wisht us to have God before our eyes Truly Sir I hope all of us have so that God that we know is a King of Kings and Lord of Lords that God with whom there is no respect of persons that God that is the avenger of innocent blood we have that God before us that God that does bestow a Curse upon them that withhold their hands from shedding of blood which is the case of guilty Malefactors and that do deserve death That God we have before our eyes and were it not that the conscience of our duty hath called us unto this place and this imployment Sir you should have had no appearance of a Court here but Sir we must prefer the discharge of our duty unto God and unto the Kingdom before any other respect whatsoever and although at this time many of us if not all of us are severely threatned by some of your party what they intend to do Sir we do here declare that we shall not decline or forbear the doing of our duty in the administration of Justice even to you according to the merit of your offence although God should permit those men to effect all that bloody design in hand against us Sir we will say and we will declare it as those Children in the fiery Furnace that would not worship the golden Image that Nebuchadnezzar had set up That their God was able to deliver them from that danger that they were neer unto but yet if he would not do it yet notwithstanding that they would not fall down and worship the Image we shall thus apply it That though we should not be delivered from those bloody hands and hearts that conspire the overthrow of the Kingdom in general of us in particular for acting in this great work of Justice though we should perish in the work yet by Gods grace and by Gods strength we will go on with it And this is all our Resolutions Sir I say for your self we do heartily wish and desire that God would be pleased to give you a sence of your sins that you would see wherein you have done amiss that you may cry unto him that God would deliver you from blood-guiltiness A good King was once guilty of that particular thing and was clear otherwise saving in the matter of Vriah Truly Sir the Story tells us that he was a repentant King and it signifies enough that he had dyed for it but that God was pleased to accept of him and to give him his pardon Thou shalt not dye but the Child shall dye thou hast given cause to the enemies of God to blaspheme King I would desire only one word before you give sentence and that is That you would hear me concerning those great imputations that you have laid to my charge President Sir you must give me leave to go on for I am not far from your Sentence and your time is now past King But I shall desire you will hear me a few words to you for truly whatever Sentence you will put upon me in respect of those heavy imputations I see by your speech you have put upon me that I Sir it is very true that President Sir I must put you in mind Truly Sir I would not willingly at this time especially interrupt you in any thing you have to say that is proper for us to admit of but Sir you have not owned us a Court and you look upon us as a sort of people met together and we know what Language we receive from your party King I know nothing of that Pres You disavow us as a Court and therefore for you to address your self to us not to acknowledge us as a Court to judge of what You say it is not to be permitted and the truth is all along from the first time You were pleased to disavow and disown us the Court needed not to have heard You one word for unless they be acknowledged a Court and engaged it is not proper for you to speak Sir we have given you too much liberty already and admitted of too much delay and we may not admit of any further were it proper for us to do we should hear You freely and we should not have declined to have heard You at large what you could have said or proved on your behalf whether for totally excusing or for in part excusing those great and heinous charges that in whole or in part are laid upon You. But Sir I shall trouble You no longer Your sins are so large a dimension that if you do but seriously think of them they will drive you to a sad consideration they may improve in you a sad and serious repentance And that the Court doth heartily wish that You may be so penitent for what You have done amiss that God may have mercy at leastwise upon your better part Truly Sir for the other it is our parts and duties to do that that the Law prescribes we are not here Jus dare but Jus dicere We cannot be unmindful of what the Scriptures tell us For to acquit the guilty is of equal abomination as to condemn the innocent we may not acquit the guilty what Sentence the Law affirms to a Traitor Tyrant a Murtherer and a publick Enemy to the Countrey that Sentence you are now to hear read unto you and that is the Sentence of the Court The Lord President commands the Sentence to be read Make an O Yes and command silence while the Sentence is read O Yes made silence commanded The Clerk read the Sentence which was drawn up in parchment Whereas the Commons of England in Parliament have appointed them an high Court of Justice for the Trying of Charles Stuart King of England before whom he had been three times convented and at first time a charge of high Treason and other crimes and misdemeanors was read in the behalf of the
put my hands out this way stretching them out them After that having said two or three words as he stood to himself with hands and eyes lift up Immediately stooping down laid his Neck upon the Block and then the Executioner again putting his hair under his Cap the King said thinking he had been going to strike Stay for the sign Executioner Yes I will and it please your Majesty And after a very little pause the King stretching forth his hands the Executioner at one blow severed his head from his body The head being off the Executioner held it up and shewed it to the people which done it was with the Body put in a Coffin covered with black Velvet for that purpose and conveyed into his Lodgings there And from thence it was carried to his house at Saint James's where his body was embalmed and put in a Coffin of Lead laid there a fortninght to be seen by the people and on the Wednesday sevennight after his Corps embalmed and coffined in Lead was delivered chiefly to the care of four of his Servants viz. Mr. Herbert Captain Anthony Mildmay his Sewers Captain Preston and John Joyner former Cook to his Majesty they attended with others cloathed in Mourning Suits and Cloaks accompanied the Herse that night to Windsor and placed it in that which was formerly the Kings Bed-chamber next day it was removed into the Deans Hall which Room was hanged with black and made dark Lights burning round the Herse in which it remained till Three in the Afternoon about which time came the Duke of Lenox the Marquess of Hertford the Marquess of Dorchester the Earl of Lyndsey having obtained an order from the Parliament for the decent Interment of the King their Royal Master provided the expence thereof exceeded not five hundred pounds At their coming into the Castle they shewed their Order of Parliament to Collonel Wichcot Governour of the Castle desiring the Interment might be in St. Georges Chappel and by the Form in the Common-Prayer Book of the Church of England this request was by the Governour denyed saying It was improbable that the Parliament would permit the use of what they had so solemnly abolished and therein destroy their own Act. To which the Lords replyed There is a difference betwixt destroying their own Act and dispensing with it and that no Power so binds its own hands as to disable it self in some cases All could not prevail the Governour persisting in the Negative the Lords betook themselves to the search of a convenient place for the Burial of the Corps the which after some pains taking therein they discover a Vault in the middle of the Quire wherein as is probably conjectured lyeth the body of King Henry the Eighth and his beloved Wife the Lady Jane Seamor both in Coffins of Lead in this Vault there being Room for one more they resolve to inter the body of the King the which was accordingly brought to the place born by the Officers of the Garrison the four Corners of the Velvet Pall born up by the aforesaid four Lords the pious Bishop of London following next and other Persons of Quality the Body was committed to the earth with sighs and tears especially of the Reverend Bishop to be denyed to do the last Duty and Service to his Dear and Royal Master the Velvet Pall being cast into the Vault was laid over the Body upon the Coffin was these words set KING CHARLES 1648. After the Regicides had committed this Horrid and nefarious Act the prevailing Power consisting of a patcht number of the House of Commons and the chief Officers of the Army combined together and seeing how successfully and unopposed they had effected this so unparalel'd a Deed to which they knew the generality of the Nation were utterly averse and as far as they durst shew'd their absolute dislike They in the next place fall upon the alteration of the Government thinking to make sure work by subverting the Ancient Monarchy of this Realm and instead thereof introducing that which they called a Free State or Common-wealth For constituting of which the first thing they did was to Vote and publish by Proclamation That whereas several pretences might be made to the Crown c. to the apparent hazard of the publick Peace no Person whatsoever should presume to proclaim or any way promote Charles Stuart Son of the said Charles late King of England or any other person to be King or chief Magistrate c. by colour of Inheritance or any other claim whatsoever without the free Consent of the People in Parliament first signified by a particular Act for that purpose any Law or Custom to the contrary notwithstanding and whosoever should contrary to this Order proclaim c. shall be adjudged a Traytor and suffer accordingly This proceeding was founded upon a Maxim which they had taken up and agreed on among themselves namely That all Power and Authority is Originally in the People But well knowing that their Councils had soon been confounded and themselves interrupted in the course they had begun if they had incorporated again with those of their Members which had been forcibly kept out by the Army they Resolve and decree 1. That all those Members who had assented to the Vote of Decemb. 5. concerning the Kings Concessions for that was the occasion of their seclusion should never be readmitted and that those that Voted in the Negative should presently enter their said dissent or before they were to be admitted And together with the fortune of Monarchy was involved that of the House of Peers who having sent to desire a Conference about setling the Government in regard the Judges Commissions were determined by the Kings Death instead of an Answer to their Message the Junto of the Commons upon debate Voted the Lords House to be useless and dangerous and therefore to be laid aside as in like manner they declared the Kingly Office to be unnecessary and Burthensom and therefore fit to be abolished only they allowed the Lords the Priviledge of being capable to be chosen Burgesses into the House of Commons But the Lords were so highly incensed thereat that there was suddenly published a Declaration in the name of all the Peers and Barons of the Realm wherein they protest against the Proceedings of the Commons And a while after some of the Kings friends in despite of all Votes Acts and Orders to the contrary promoted a Proclamation in the name of all the Nobility Gentry and Commonalty of the Kingdom for proclaiming Charles our present Soveraign to be King of England But little could unarmed Declarations prevail against the reigning Power of an Armed faction who now assumed new Ensigns of Soveraignty cancelling the Old and caused all Writs Commissions and Instruments of publick Concernment to be issued out under a new Stile and Test that is of The Keepers of the Liberties of England by Authority of Parliament They ordered the old Great Seal to be
Kingdom of England c. Here the Clerk read the Charge Which Charge being read unto him as aforesaid He the said Charles Stuart was required to give his Answer but he refused so to do and so exprest the several passages at his Tryal in refusing to answer For all which Treasons and Crimes this Court doth adjudge That the said Charles Stuart as a Tyrant Traytor Murtherer and a publique Enemy shall be put to Death by the severing his Head from his Body After the Sentence read the Lord President said This Sentence now read and published it is the Act Sentence Judgment and Resolution of the whole Court Here the Court stood up and assenting to what the President said King Will you hear me a word Sir President Sir you are not to be heard after the Sentence King No Sir President No Sir by your favour Sir Guard withdraw your Prisoner King I may speak after the sentence By your favour Sir I may speak after the sentence ever By your favour hold the sentence Sir I say Sir I do I am not suffered for to speak expect what Justice other people will have O Yes All manner of persons that have any thing else to do are to depart at this time and to give their attendance in the Painted Chamber to which place this Court doth forthwith adjourn it self Then the Court rose and the King went with his Guard to Sir Robert Cottons and from thence to White-Hall The Names of those Persons that were present at the Sentencing of the KING to Death John Bradshaw President John Lisle William Say Oliver Cromwel Henry Ireton Sir Hardresse Waller Valentine Walton Thomas Harrison Edward Whaley Thomas Pride Isaac Ewers Lord Gray of Groby Sir John Danvers Knight Sir Thomas Maleverer Bar. Sir John Bourchier Knight William Heveningham Alderman Pennington William Purefoy Henry Martin John Barkstead John Blakiston Gilbert Millington Sir William Constable Bar. Edmond Ludlow John Hutchinson Sir Mich Livesay Bar. Robert Tichborn Owen Roe Robert Lilburn Adrian Scroop Richard Deane John Okey John Hewson William Goffe Cornelius Holland John Carew John Jones Miles Corbet Francis Allin Peregrine Pelham John Moore John Aldred Henry Smith Humphrey Edwards Gregory Clement Thomas Woogan Sir Gregory Norton Knight Edmond Harvy John Venn Thomas Scot Tho. Andrews Alderman William Cawly Anthony Stapley John Downes Thomas Horton Thomas Hammond Nicholas Love Vincent Potter Augustine Garland John Dixwel George Fleetwood Symon Meyne James Temple Peter Temple Daniel Blagrave Thomas Waite Ordered that Sir Hardress Waller Coll. Harrison Com. General Ireton Coll. Dean and Coll. Okey are appointed a Committee to consider of the Time and Place for the Execution of the King according to his Sentence given by the high Court of Justice Painted Chamber Lunae Jan. 29. 1648. Upon report made from the Committee for considering of the Time and Place of the Executing of the Judgement against the King that the said Committee have resolved that the open Street before White-hall is a fit place And that the said Committee conceive it fit that the King be there Executed the morrow the King having already notice thereof The Court approved thereof and ordered a Warrant to be drawn for that purpose which Warrant was accordingly drawn and agreed unto and ordered to be ingrossed which was done and Signed and Sealed accordingly as followeth At the High Court of Justice for the Trying and Judging of Charles Stuart King of England January 29 1648. WHereas Charles Stuart King of England is and standeth Convicted Attainted and Condemned of high Treason and other high Crimes and Sentence upon Saturday last was pronounced against him by this Court to be put to death by the severing of his head from his body of which Sentence Execution yet remains to be done These are therefore to will and require you to see the said Sentence Executed in the open street before White-Hall upon the morrow being the 30th day of this instant month of January between the hours of Ten in the morning and Five in the afternoon of the same day with full effect And for so doing this shall be your sufficient Warrant And these are to require all Officers and Souldiers and other the good people of this Nation of England to be assisting unto you in this service Given under our Hands and Seals To Coll. Francis Hacker Coll. Huncks and Lieuten Coll. Phray and to every of them Sealed and subscribed by J. Bradshaw O Cromwell Hen. Ireton Har. Waller Jo. Lisle Val. Walton Tho. Gray Ed. Whaley Mich. Livesey Jo. Okey Jo. Danvers Tho. Maleverer Wil. Goffe Tho. Pride Tho. Harrison Jo. Hewson Ri. Dean Robert Tichborn Ow. Roe Jo. Barkstead G. Fleetwood Gil. Milington Tho. Horton W. Say W. Constable Miles Corbet Jo. Ven Hen. Martin c. Painted Chamber Jan. 30. 1648. The Commissioners met and ordered That Mr. Marshall Mr. Nye Mr. Caryll Mr. Salway and Mr. Dell be desired to attend the King to administer to him those Spiritual helps as should be suitable to his present condition and Lieutenant Collonel Goffe is desired forthwith to repair unto them for that purpose Who did so but after informed the Court That the King being acquainted therewith refused to confer with them expressing that he would not be troubled with them Ordered That the Scaffold upon which the King is to be executed be covered with Black The Warrant for executing the King being accordingly delivered to those parties to whom the same was directed Execution was done upon him according to the tenour of the Warrant about two of the Clock in the Afternoon of the said 30. of January After Sentence The King being hurried from their Bar as he passed down the stairs the common Souldiers laying aside all Reverence to Soveraignty scoffed at him casting the smoak of their stinking Tobacco in his face no Smell more offensive to him and flinging their foul pipes at his feet But one more insolent than the rest defiled his venerable Face with his spittle for his Majesty was observed with much patience to wipe it off with his Handkerchief and as he passed hearing them cry out Justice Justice Poor soul said he for a piece if money they would doe so for their Commanders That Night being Saturday January 27. the King lodged at White-Hall that evening a Member of the Army acquainted the Committee with the desires of the King that seeing they had passed Sentence of Death upon him and the time of his Execution might be nigh that he might see his Children and receive the Sacrament and that Dr. Juxon Bishop of London might be admitted to pray with him in his private Chamber both which were granted The next day being Sunday January 28. the King was attended by his Guard to Saint James's where the Bishop of London preached privately before him his Text was in Rom. 2.16 In the day when God shall judge the secrets of all men by Jesus Christ according to my Gospel Monday Jan. 29. His Children