to this Sword to cut it By this means many being terrified and thinking it safer to keep at home and abstain from coming with danger to the House for that fault alone they were excluded by the prevailing Faction Others who did appear durst not for fear of their own lives give their Votes freely for the publick Good so that from that time forward all authority of Parliament seemed to be worn out of date since the Riff-raff of the People challenged the right of voting in Parliament and put a restraint upon the liberty of the rest But to return to Strafford The Lords being overcome by these Arguments succumb and scarcely a third part of them being present the Bill of the House of Commons past in the Lords House by the plurality of seven voices The King is not so easily prevailed upon though the riotous Rabble hardly forbearing their hands continually plagued him with Clamours and Threatnings and the Noblemen and Courtiers that were about him plied him incessantly with their Prayers and Remonstrances Nor would he signe the Bill until the Judges who durst not so much as mutter against the actions of the Parliament and People satisfied him that he might do it in Law and some Bishops in Conscience and until the brave Earl had by a Letter perswaded and almost besought him to do it like another Curtius that he might fall a Sacrifice for the publick Peace and the safety of the Royal Family The Sentence being past against the Earl the the King immediately sent the Prince with Letters to the Lords earnestly recommending it to them that at least they would delay the execution for some time But they having sent twelve of their number to wait upon his Majesty perswade him that without great danger to himself and Family it could not be done The fall of so great a man from the very Pinacle of Honour terrified the inferiour Lords who bore publick Offices The Master of the Court of Wards the Lord High Treasurer who had with great integrity discharged that Office and the Princes Governour freely resigne their places like some Creatures who biting off the Prize of the chace escape the fury of the Huntsmen The Sheriffs and Justices of the Peace who were formerly in Office comply with the times and worship the rising Sun In this thing almost alone the King abandoned not himself wholly to the will of the Parliament for afterwards he granted them every thing that they themselves were not ashamed to ask The Jurisdiction of the Kings honourable Privy-Council that of the Court of Stannaries wherein by Patent from the King the Lord Warden decided all Controversies relating to the Labourers in the Mines and the Officers concerned in that work as also of the Court of the President and Council of Wales established in the marches betwixt England Wales wherein as in Chancery Law-suits amongst the Inhabitants were by the Kings Substitute determined according to the Rules of Equity were stinted and limited by narrower bounds The extent also of the Kings Forests and Chaces was abridged into a narrower compass The Star-Chamber wherein the Chancellor of the Kingdom being President greater Crimes which were not at all or not sufficiently provided against by any particular positive Law were tried and punished such as Sedition Conspiracy Faction Scandalum Magnatum c. and those also who by cunning or power eluded the force of the Law was wholly abrogated The Court of High Commission wherein the Archbishop presiding some Nobles and the learned in the Law by the Kings authority past sentence upon the more enormous Crimes that fell under Ecclesiastical censure suffered the same fate also The Court of the Lord President and Council of the North was abolished which for a long time had administred Justice to that part of the Kingdom and wherein Seditions Conspiracies and Associations were by Royal authority supprest and Law-suits about civil matters determined amongst those who wanted money to go according to the Laws for a tryal to London With all these the King readily parted in prospect of the publick good though they were shining Jewels in the Imperial Crown He suffered all Monopolies to be rescinded leaving it fully to the Parliament to punish all those who in prosecution of them had acted any thing contrary to Law and Justice He renounced also his Right of raising Souldiers and the Ship-money in lieu of which alone the former Parliament had offered him six hundred thousand pounds He also freely parted with Tunnage and Poundage which none of the Kings his Predecessors who without any interruption had enjoyed it past all prescription would ever consent to And that all Grievances might be timely remedied for the future and that no Great man or Magistrate might infringe the lately-granted Concessions or oppress the People if he himself should omit to call a Parliament once in three years he gave power to the Chancellor to issue out Writs for that effect and the Chancellor failing to the Lords and Sheriffs and in fault of them to the People to meet for Elections Lastly at their desire he granted that which some magnified as a favour exceeding all former benefits and others complained of as a mischief surpassing all future Grievances to wit That they might have time to pay the publick Debts and secure to Posterity the Priviledges granted by his Majesty he suffered a Law to pass whereby the Parliament had leave to sit until by consent of both Houses it should be thought fit to dissolve it as if he would make amends for the many intervals of Parliaments by the long continuance of one Which however others may interpret it was an argument of his great candour and sincerity towards his Subjects or at least a symptom of a mind not inclin'd to Violence and War No man would think now but that the Kings Power was abundantly limited and that the Property of the Subject and Priviledges of Parliament were sufficiently enlarged But alas these Harpies are not satisfied and one of them made answer to a Gentleman that put the question to him What more has the King now to grant That he may said he lay aside all Authority and commit himself and the management of all Affairs to our care That the Factious might attain their ends they suggest so many Fears and Jealousies to the weaker and less discerning Members that like the heads of Hydra more Divisions and Animosities sprung from the Kings grace and desire of appeasing them and his Concessions so far from satisfying them increased onely their thirst and made them insolent in demanding more as it usually happens in popular Councils where the people once infatuated with Jealousies some dance to the Pipes of others others that they may not appear shorter sighted or less publick spirited than the rest see Plots beyond the Moon and look for joynts in a Bull-rush This
of England and Ireland and Dominion of Wales Isles of Guernsey and Jersey and the Town of Barwick upon Tweed or any part of the said Forces or concerning the Admiralty and Navy or concerning the levying of Moneys for the raising maintenance or use of the said Forces for Land-service or for the Navy and Forces for Sea-service or of any part of them and if that the Royal Assent to such Bill or Bills shall not be given in the House of Peers within such time after the passing thereof by both Houses of Parliament as the said Houses shall judge fit and convenient That then such Bill or Bills so passed by the said Lords and Commons as aforesaid and to which the Royal Assent shall not be given as is herein before expressed shall nevertheless after declaration of the said Lords and Commons made in that behalf have the force and strength of an Act or Acts of Parliament and shall be as valid to all intents and purposes as if the Royal Assent had been given thereunto Provided that nothing herein before contained shall extend to the taking away of the ordinary legal power of Sheriffs Justices of Peace Mayors Bayliffs Coroners Constables Headboroughs or other Officers of Justice not being Military Officers concerning the administration of Justice so as neither the said Sheriffs Justices of Peace Mayors Bayliffs Coroners Constables Headboroughs and other Officers nor any of them do levy conduct employ or command any Forces whatsoever by colour or pretence of any Commission of Array or extraordinary command from his Majesty his Heirs or Successors without the consent of the said Lords and Commons And if any persons shall be gathered and assembled together in warlike manner or otherwise to the number of thirty persons and shall not forthwith disband themselves being required thereto by the said Lords and Commons or command from them or any by them especially authorized for that purpose then such person or persons not so disbanding themselves shall be guilty and incur the pains of High-Treason being first declared guilty of such offence by the said Lords and Commons any Commission under the great Seal or other Warrant to the contrary notwithstanding And he or they that shall offend herein to be incapable of any pardon from his Majesty his Heirs or Successors and their Estates shall be disposed as the said Lords and Commons shall think fit and not otherwise Provided that the City of London shall have and enjoy all their Rights Liberties and Franchises Customs and Usages in the raising and employing the Forces of that City for the defence thereof in as full and ample manner to all intents and purposes as they have or might have used or enjoyed the same at any time before the making of the said Act or Proposition To the end that City may be fully assured it is not the intention of the Parliament to take from them any priviledges or immunities in raising or disposing of their Forces which they have or might have used or enjoyed heretofore The like for the Kingdom of Scotland if the Estates of the Parliament there shall think fit XVII That by Act of Parliament all Peers made since the day that Edward Lord Littleton then Lord Keeper of the Great Seal deserted the Parliament and that the said Great Seal was surreptitiously conveyed away from the Parliament being the one and twentieth day of May 1642. and who shall be hereafter made shall not sit or vote in the Parliament of England without consent of both Houses of Parliament And that all Honour and Title conferred on any without consent of both Houses of Parliament since the twentieth day of May 1642. being the day that both Houses declared That the King seduced by evil Council intended to raise War against the Parliament be declared Null and Void The like for the Kingdom of Scotland those being excepted whose Parents were passed the Great Seal before the fourth of June 1644. XVIII That an Act be passed in the Parliament of both Kingdoms respectively for confirmation of the Treaties passed betwixt the two Kingdoms viz. the large Treaty the late Treaty for the coming of the Scots Army into England and the setling of the Garrison of Barwick of the 29th of November 1643. and the Treaty concerning Ireland of the 6th of August 1642. for the bringing of ten thousand Scots into the Province of Vlster in Ireland with all other Ordinances and Proceedings passed betwixt the two Kingdoms and whereunto they are obliged by the aforesaid Treaties And that Algernon Earl of Northumberland John Earl of Rutland Philip Earl of Pembrooke and Mungomery Theophilus Earl of Lincoln James Earl of Suffolk William Earl of Salisbury Robert Earl of Warwick Edward Earl of Manchester Henry Earl of Stanford Francis Lord Dacres Philip Lord Wharton Francis Lord Willoughby Dudly Lord North John Lord Hunsdon William Lord Gray Edward Lord Howard of Estrick Thomas Lord Bruce Ferdinando Lord Fairfax Mr. Nathaniel Fines Sir William Armine Sir Philip Stapilton Sir Henry Vane senior Mr. William Perpoint Sir Edward Aiscough Sir William Strickland Sir Arthur Hesilrig Sir John Fenwick Sir William Brereton Sir Thomas Widdington Mr. John Toll Mr. Gilbert Millington Sir William Constable Sir John Wray Sir Henry Vaine junior Mr. Henry Darley Oliver Saint John Esq his Majesties Sollicitor-General Mr. Denzel Hollis Mr. Alexander Rigby Mr. Cornelius Holland Mr. Samuel Vassell Mr. Peregrin Pelham John Glyn Esq Recorder of London Mr. Henry Martin Mr. Alderman Hoyle Mr. John Blakiston Mr. Serjeant Wilde Mr. Richard Barwis Sir Anthony Irby Mr. Ashurst Mr. Bellingham and Mr. Tolson Members of both Houses of the Parliament of England shall be the Commissioners for the Kingdom of England for conservation of the Peace between the two Kingdoms to act according to the Powers in that behalf exprest in the Articles of the large Treaty and not otherwise That his Majesty give his Assent to what the two Kingdoms shall agree upon in prosecution of the Articles of the large Treaty which are not yet finished That an Act be passed in the Parliaments of both Kingdoms respectively for establishing the joynt Declaration of both Kingdoms bearing date the 30th day of January 1643. in England and 1644. in Scotland with the Qualifications ensuing 1 Qualification That the persons who shall expect no pardon be onely these following Rupert Maurice Count Palatines of Rhine James Earl of Darby John Earl of Bristol William Earl of New-castle Francis Lord Cottington George Lord Digby Matthew Wren Bishop of Ely Sir Robert Heath Kt. Dr. Bramhall Bishop of Derry Sir William Widdrington Col. George Goring Henry Jermin Esq Sir Ralph Hopton Sir John Biron Sir Francis Doddington Sir John Strangewayes Mr. Endymion Porter Sir George Radcliffe Sir Marmaduke Langdale Henry Vaughan Esq now called Sir Hen. Vaughan Sir Francis Windibanke Sir Richard Greenvill Mr. Edward Hide now called Sir Edw. Hide Sir John Marley Sir Nicholas Cole Sir Thomas Riddel Jun. Sir John Colepepper Mr. Richard
contains this clause I will bear Faith and true Allegiance to his Majesty his Heirs and Successors and him and them will defend to the uttermost of my power against all Conspiracies and Attempts whatsoever which shall be made against his or their Persons their Crown and Dignity and make known unto his Majesty his Heirs and Successors all Treasons and traiterous Conspiracies which I shall know and hoar of to be against him or any of them c. But lest any one being advanced to the high Honour and Dignity of consulting with the King and sharing in some part of the Government should forget that he is still a Subject the better to keep him within the bounds of duty he is to take another Oath of Supremacy in these words I A. B. do utterly testifie and declare in my Conscience That the Kings Highness is the onely Supreme Governour of this Realm and of all other his Highness's Dominions and Countries as well in all Spiritual or Ecclesiastical things or causes as Temporal and that no foreign Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preeminence or Authority Ecclesiastical or Spiritual within this Realm And therefore I do utterly renounce and forsake all foreign Jurisdictions Powers Superiorities and Authorities and do promise from henceforth I shall hear Faith and true Allegiance to the Kings Highness his Heirs and lawful Successors and to my power shall assist and defend all Jurisdictions Priviledges Pre-eminences and Authorities granted or belonging to the Kings Highness his Heirs and Successors or united or annexed to the Imperial Crown of this Realm So help me God and by the contents of this Book Being thus obliged to their duty upon their entry into this auspicious Honour by the Votes of the Lower House according to the Kings designation or nomination a Speaker is chosen whom they accompany to the King beseeching his Majesty to approve their election which the King readily grants This being done the Speaker in the name of himself and of all the Commons thanks the King and begs of his Majesty that they may enjoy their Priviledges and have the freedom of debating and that if any one in the heat of discourse should speak too warmly his Majesty would not take it ill nor be offended and that they may have free access to his Majesty and the Upper House so often as occasion shall require Which being granted they are dismissed All men heretofore were admitted to petition this August Assembly provided their Petitions were preferred within six days after the opening of the Parliament and by the hands of some appointed by the Upper House it belonging to them to judge what were fitting to be presented in Parliament and to reject such as were trivial or seditious Each House has power to consult debate and form Bills about the matters proposed by the King or concerning the making or abrogating of Laws so that what is agreed upon in the one House is by Messengers to be sent to the other and if both concur in judgment after the matter hath been debated the Assent is marked over the head of the Bill if it be in the Lords House in this form of words Les Seigneurs out assentes The Lords have consented And in the House of Commons thus Les Communes out assentes The Commons have consented But if they disagree many times both Houses or Committees chosen by them meet in conference in a convenient place which is called the Painted Chamber where the Lords covered and sitting in solemn manner receive the Commons standing uncovered and both argue the matter in debate If in such Conferences opinions disagree as it happens sometimes the thing is laid aside but if they concurr the Bill is carried to the King which if he approve of it is written upon Le Roy le veut The King wills it whereby as by a Soul infused into the body it receives life and passes into a perfect Law to be afterwards promulgated to the people If on the contrary the King approve not the Bills brought to him he uses to write over head Le Roy s'avisera The King will consider of it sometimes he utterly rejects them and then they are wholly laid aside But matters of Religion which require the Kings more especial care are not so intirely committed by him to the Parliament but to the Convocation of the Clergy to be handled unless for the sanction of Parliament to give them the authority of a Law which otherwise they could not sufficiently have The Deans Archdeacons two Prebendaries commissionated by the several Chapters and as many Priests out of every Diocess meet in an appointed place to consult about affairs of that nature where having first chosen a Prolocutor they settle points of Religion Ceremonies and other matters belonging to the Church and the imposition of Subsidies also in name of the Clergy yet in these latter times their Acts bind not the People until as we said before they be passed into a Law by the King with consent of both Houses of Parliament And so cautious have our Kings been that Laymen should not meddle in such affairs that as it is recorded in History Queen Elizabeth severely checked the Parliament for having appointed a Fast without â—sking her leave nor would she be satisfied till they begg'd her Majesties pardon for it That we may return to the Authority of Parliament each House hath its several and distinct Priviledges The House of Lords not onely concurs in Council and making of Laws but hath also power of Judicature and giving Judgment and so of administring an Oath especially in weightier Causes as in the corruption of Judges and Magistrates and in highest Appeals which yet the Lawyers say cannot lawfully be brought to a tryal without the consent and warrant of the King and is never done unless the Judges of the Law do assist The House of Commons claims to it self the priviledge of petitioning and proposing Laws or of prosecuting but never of judging unless within its own walls and over the Members of their own House nor that neither beyond a Fine and Imprisonment By ancient custom that House was so far from pronouncing any Sentence much less in cases of Life and Death in the name of the People against the meanest Servant in England that it never took to it self the power of administring an Oath It is also extant in the Rolls to this purpose Vpon the humble supplication of the House of Commons that whereas all Parliamentary Judgment belongs to the King and the Peers and not to the Commons unless by a Grant and Permission from the King it would please the Kings Majesty that they be not contrary to custom obliged to give Judgment whereupon the King for the future excused them from that trouble reserving the Parliamentary power of Judging for the time to come to the King and
House of Lords onely save onely in making Laws or imposing Taxes and Subsidies unless when it shall otherwise seem fit to the Kings Majesty to require their particular counsel and assent for dispatching the publick Affairs of the Nation Nay it was of old the custom also that if any Controversie or Doubt arose about the validity of the Election of the Members of the House of Commons the matter was not determined by the other Members of the same House but either by the Lords in the Upper House or by the Judges in Chancery And if any of them also departed from the Parliament without leave from the King and both Houses he was brought before the Kings Privy-Council or Kings-Bench to receive sentence for his faults but he was never punished at the will and pleasure of his own House This also is peculiar to the House of Commons that we may again return to their Priviledges that it belongs to them first to debate and form the Bill for raising Money from the People Such therefore is the wonderful temper of our Monarchy that the King Lords and Commons have their several parts in the publick administration of Affairs yet with that harmonious proportion that All can help but none of them hurt the Publick For the Prerogative of the King that gives him the supreme power of Government and of Peace and War tends to this that he may have strength enough to defend the Laws against the Factions of the Nobility and the Tumults and Insurrections of the people whilst the Nobles by the high Authority they have in giving Judgment and making Laws can on the one hand put a stop to tyrannical attempts if any should be offered by the King and on the other curb the insolence of a tumultuous and seditious common People Nor are the Commons through the priviledge they have of accusing any man and giving or denying Money unprovided of means of restraining the licentiousness of the Lords and Privy-Counsellors and of preventing the arbitrariness of the Prince The Laws are very careful that the liberty of Debating and Voting be not obstructed through fear and the insolence of wicked men for it is enjoyned under severe penalties that no Member of Parliament come to the House with hidden or open Arms nor that any other person armed with a Sword or any other Weapon presume to walk in the Palace-yard or near the House thereby to give cause of terrour and apprehension or to lessen the reverence of the place Yea it hath been the custom that the Members of Parliament and their menial Servants should during the sitting of Parliament be protected from arrests for debt or other slight crimes but the Priviledge of Parliament excuses no man that is guilty of Treason Felony or Breach of the Peace from the ordinary prosecution of Law Yet if by the mistake either of the Magistrate or Officer any Parliament-man or their Servants happen to be arrested they cannot be set at liberty according to Law but by a Writ assigning the cause directed out of the Chancery So much heretofore did both Houses contain themselves within the bounds of modesty that if any one inconsiderately offended against the received customs or spake any way irreverently of the King he was severely punished for the fault and that at the suit and instance of the House of which he was a Member The Kings also did very seldom unless it were for weighty causes act any thing that might give offence to so August an Assembly Yet sometimes upon high provocations some of our mildest Princes have severely rebuked the whole Parliament and caused some Members to be brought to the Bar to answer for their offences and have punished others by Fine Imprisonment or Death according to the nature of their crimes These were the old customs and those the men that made England for many Ages past to flourish being happy at home and renowned abroad until too much happiness as often happens in humane affairs with Luxury and all sorts of Vice brought in amongst us Pride Ambition and the contempt of the Laws both of God and man so that with mutual emulation and envy men began to covet and invade the Rights of one another to despise and set at nought rather than to reverence and obey the King Religion and Laws and to gape after Novelties rather than to acquiesce in what was most excellently established Of late some perverse men and they at first but a few who had screwed themselves into the Lower House being desirous of changes and crafty Promoters of publick Debates began to clamour about the Rights and Liberties of the People and Power of Parliaments to arrogate to themselves unheard-of Priviledges to be very busie where they were no ways concerned take upon them what they were not capable of effecting and at length breaking out into insolent Expressions and Invectives against the the Kings power calling into question the Tunnage and Poundage which the Kings of England in all times enjoyed and forbidding them to be payed to the King nay and to offer violence to their Speaker within the very walls of the House and in a word to shake off their ancient modesty all reverence which they ought to bear to the Majesty of their King and to trample under foot the sacred Customs of the Kingdom and Priviledges of Parliament Hence arose mutual Heart-burnings and Jealousies that the King designed to invade the Liberties of the Parliament and the Parliament to encroach upon the Prerogative of the Crown For this reason the King put an end to several Parliaments much sooner than many desired but not without precedents in former times and checked the rashness of some by imprisonment Being some time afterward sollicited he refused to call new Parliaments that so the Heats and Animosities might be allayed and that they might learn for the future to bring along with them Modesty and greater Gravity to so great a Council But that gave occasion to crafty and restless men of spreading their poyson all over England so that every where they gave it out That Religion was ruined the publick Liberty opprest and the Laws in danger of being subverted hoping that it would be no difficult matter to perswade credulous people of this who were greedy of Novelties and prone to listen to Calumnies and Slanders especially of the great men They reproached the King with bitter Railings calling him uxorious imprudent addicted to the Popish Religion covetous and what else they knew to be infamous and hateful to the People They censured the best of his actions and strained them to the worst sence They wonderfully aggravated his Misfortunes and Failings and were more injurious than ill fortune her self in their horrid constructions Amongst so many Complaints and Outcries if you demand what real calamity happened Britain was never in a more flourishing condition stately Buildings both publick and private every where reared not
Archbishop of Canterbury are accused of High-Treason both the English and Scots impeaching them Against Strafford also out of Ireland where the greatest matter of accusation was to be pickt up both Witnesses and Accusers are brought For whilst he was Deputy of Ireland he had by some severities which though perhaps they could not stand the test of the punctilio's and niceties of Law yet were necessary for the publick raised the indignation of the Inhabitants in that he endeavoured to reclaim the native Irish from their wonted Barbarity to Industry Civility and better Manners and to enure them to the Customs and Practices of the English Whence in a short time he had been so successful in this that having setled Trades Husbandry and Commerce amongst those lazy and stubborn people they began to flourish more than in all Ages before and to bring money into the Exchequer of England which by Rebellions they had so often exhausted before From amongst these though they were Roman Catholicks and sworn enemies to the English Government and even then plotting a Conspiracy against it Accusers in name of the Kingdom of Ireland and Witnesses were sent for who being prone enough of themselves to the work that they might the more securely attempt the Rebellion which then they hatched in their minds the wise Deputy being taken off were by all civilities and kind offices caressed by the Factious that by accumulated crimes they might overwhelm Strafford The Lord Keeper Finch was also accused and all the Judges who being sworn had after long deliberation declared in favour of the King as to the lawfulness of Ship-money Twelve Bishops also who by the riotous Rabble having been barred from coming into the House of Lords protested against all Laws that should be made as invalid until all that were concerned in the Council of the Kingdom might safely be present Others withdrew to avoid the impendent storm The Judges scared with this Parliamentary Thunderclap and taught to obey their Lords and Masters are at last all freely discharged and some of them continued in their places or promoted to higher The Bishops having lost their power of voting in the Lords House by a Law made in their absence being likewise set at liberty Canterbury is reserved for a future Sacrifice All the Storm at present fell upon the head of the Earl of Strafford whose Tragedy since it lay heavy upon the King during his whole life and at his death and that he by the Rebels was reckoned the most guilty I shall more fully relate that by the instance of one judgment may be made of the rest what kind of men they were who were so hated by the Parliament With great pomp he is accused by the Commons of twenty eight Articles of High Treason before the House of Lords all the Commons were present of whom six of the most violent were his Prosecutors or Managers of the Tryal the King also Queen and Prince being there privately behind the Curtain The weight of his Impeachment lay in this That in Ireland he had acted many things arbitrarily contrary to Law That in time of Peace he had raised Money of the Inhabitants against their wills by Military Exactions That he had advised the King to force the Subjects of England to obedience by foreign Arms and to make War against Scotland The Tryal lasted many days during which the Earl with great presence of mind and judgment defending himself so refuted the Arguments of his Prosecutors that amongst so many Articles there was not one even in the judgment of his enemies that could amount to Treason nor could all put together be constructed an acumulative Treason which inraged the House of Commons so far that having no colour of Law to take his life they make a new Law ex post facto whereby he is made guilty of High-Treason with a clause therein That it should not be made a Precedent in other Courts But this past not without great debate and opposition many speaking and arguing to the contrary and fifty nine of the chief Members of the House dissenting whose names were posted up in publick places that being exposed to the view and fury of the Mobile they might learn to vote with the Factious for the future if they had not rather be torn in pieces alive This Bill was in two days time past and engrossed in the House of Commons and carried up to the Lords for their consent but a matter of such moment was more seriously deliberated about there The Factious impatient of this delay stir up the Rabble and Dregs of the People who armed with Staves and Clubs and what Weapons Rage put into their hands came rushing to the Parliament-house roaring out Justice Justice and growing dayly more and more insolent morning and evening persisted in their riotous Clamours These Blades besetting the House of Lords lay hands upon what Lords and Bishops they please and tossing them to and fro hinder them from entering and threaten them worse if they obstinately refused to comply with the Commons Next they break in into Westminster-Abbey pull down the Organs rob the Vestments and sacred Furniture of the Church and then with furious clamours run to White-hall the Kings own house Nay they proceeded to that impudence as to dare to affront the King by sawcy and insolent Answers when his Majesty from a Balcony told them as they passed by White-hall that they should keep at home and mind their business Whilst some of the Justices of Peace according to their Oath and duty imprison those of that Rabble whom they could catch to be kept there for condign punishment they themselves are clapt up by the factious House of Commons pretending that it was free for all to come and petition the Parliament though they had caused the Gates of London to be shut against the men of Kent who came to petition the contrary and frightened others who intended to have done the like And when some discreet and good men had desired the Factious that they would at length lay the Devils whom they had raised they made answer That they ought rather to thank their Friends Nay so far was the Parliamentary Dignity debased that many times Members of the House of Commons came to the Clubs of Apprentices where they consulted about related and examined the affairs that past in Parliament what was designed to be done what parts they themselves were to act and when Hence their Tumults became by this kind of schooling in a manner to be regular being distributed into proper Classes and Fraternities as of Porters Watermen Taylors c. who under pretext of petitioning at the least hint from their Demagogues flocked together into bodies And that once for all we may lay open the nature of this Sore if any difficult knot occurred which by other arts they could not unty they presently betook themselves
and scornfully raze out of their Journal as an Act unworthy of Parliament New Orders in place of the former pass in this House of Commons whereby they invade the Government by Votes which before they had snatched by Arms. They first vote That all Power resides in the People Secondly That that Power belongs to the Peoples Representatives meaning themselves in the House of Commons Thirdly That the Votes of the Commons have the force of a Law without the consent of the King or House of Lords a plain Horatian Law that what the lowest Order of the People enacteth binds the whole body of them Fourthly That to take Arms and make War against the Representatives of the People or the Parliament is High-Treason Fifthly That the King himself took up Arms against the Parliament and that therefore he is guilty of all the bloud shed in this Civil War that so they might seem to excuse themselves of the Villany and ought by his own bloud to expiate it These were the Preludes to that most horrid and abominable Villany I tremble to mention it which it behoved them to bring about by degrees for trusting now to their great power which indeed was as great as they thought fit to take to themselves they had the boldness to erect a new Tribunal of most abject wretches against the King to which they give the name of the High Court of Justice thinking that its name might procure it reverence In this Mock-Court they appoint an hundred and fifty Judges that they might in number at least represent the people the most factious Sticklers of the whole Faction to whom they give power of arraigning trying judging and condemning Charles Stuart King of England In the number of these they appoint six Earls out of the House of Lords and the Judges also of the Kingdom lately chosen by themselves But the greater part consist of the Commanders of the Army who first conspired the murder of the King and the Members of the House of Commons who were the most inveterate enemies to Monarchy The rest were Rascals raked out of the Kennel of London or the Neighbourhood Amongst these some were Coblers Brewers Silversmiths and other Mechanicks the greater part were Bankrupt Spend-thrifts Debauchees and Whoremasters who nevertheless by the Disciples of the Sect were called Saints Nay there was none of them but did expect impunity for his cheating the Publick Sacriledge Bribery and other enormous Crimes or did hope to glut his Avarice with the Kings Revenue Houses Furniture or gainful places to be conferred upon him for so bold an attempt or in a word that was not drawn in and allured up to the horrid fact by the tamperings threats and promises of Cromwel Ireton and the other Commanders of the Army In the mean time there was hardly any regard had to the Lords and it was commonly believed that being now terrified by so many and so great dangers they would of their own accords absent from the House except four or five that were slaves to that Republican Faction The Rebels thought that the authority of these was sufficient to confirm any attempt whatsoever as they had already oftener than once experienced Nor indeed were their hopes altogether frustrated However when the matter came to the push their luck proved somewhat worse than they expected for a few Lords used daily to come to the House but that day when the Bill for trying the King was to be brought to the Lords House for their consent unexpectedly seventeen Lords were present who all not excepting those who favoured the Republicans not onely deny their consent but cast the Bill over the Bar as destructive and contrary to Law This inraged the Oligarchick Rebels and put them upon thoughts of revenge taking it hainously that so publick an affront and disgrace had been put upon them However at present they thought it enough to dash all the Lords out of the number of the Kings Judges By and by also the Judges of the Kingdom were struck out of that black List because being privately asked their opinions in that affair though through the interest of this Faction they had been lately by authority of Parliament raised to their places they had answered That it was against the known and received Laws and Customs of England to bring the King to a Tryal For a President of this Court who might match it in fame and reputation they pitch upon one John Bradshaw a base-born broken Pettifogger a fellow of a brazen forehead and an insolent and sawcy tongue who a little before was of no value amongst those of his own Gang. One Cooke they make Attorney-General a fellow of the same stamp poor guilty as was reported of Polygamy who had plaid a thousand tricks and cheats to get Bread and now was ready to do any villany in hopes of profit They privately consult for some days about the matter and form of the Arraignment or the manner of perpetrating the Villany where in drawing the Kings Indictment one Dorislaus a Doctor of the Laws a German who was either banished or had fled his Country took the greatest pains In the mean time all the Presbyterian Ministers of London in a manner and more out of several Counties yea and some out of the Independents also declare against the thing in their Sermons from the Pulpit in Conferences monitory Letters Petitions Protestations and publick Remonstrances They earnestly beg That contrary to so many dreadful Imprecations and Oaths contrary to publick and private Faith confirmed by Declarations and Promises contrary to the Law of Nations the Word of God and sacred Rules of Religion nay and contrary to the welfare of the State they would not defile their own hands and the Kingdom with Royal Bloud The Scots by their Commissioners protest against it The Embassadours of the States General of the Vnited Provinces if they faithfully perform'd their Masters Orders intercede Some English Noblemen to wit the Earl of Southampton the Duke of Richmond the Marquess of Hertford and Earl of Lyndsey c. do what lies in their power they neither spare prayers nor money offer themselves as Hostages or if the Republicans demanded it their lives as being onely guilty if the King had offended in any thing The people whisper their rage for that was all they could now do hardly restraining their unarmed fury Our present King then Prince CHARLES used all means to assist his Father in this danger Besides the Embassadours of the States General whom he had procured to be sent he daily dispatched Agents as well from the Prince of Orange as himself and such as were Relations Kinsmen and Friends to Cromwel Ireton and the rest of the Conspirators who being warranted with full power might by prayers promises threats or what arguments they judged fit either disswade them from that unparallel'd Barbarity or at least for
the Clergy Which by the Deans Archdeacons and Deputies of the Clergy are holden in the Convocation Their Acts bind not the People without the consent of the King and Parliament The Rights Priviledges of the Vpper House Of the Lower The providence of the Law thae the Members might debate freely and without fear The modesty of the Parliament What honour Kings were wont to shew the Parliament But when occasion required reduced them into order The happiness of the Kingdom under this Government VVhat were the beginnings of the Troubles raised by some Members of the House of Commons Hence mutual Jealousies betwixt the King and Parliament And then the dissolution of Parliaments This gave occasion of stirring the people up against the King And yet the Kingdom in a most flourishing condition Though unfortunate in War abroad and some Taxes imposed at home Some seditious persons are punished New Ceremonies startle the Puritans The Archbishop endeavouring to impose the Liturgy of England upon the Scots offends them Vpon which pretext but for other causes they grow turbulent They take Arms alter the Government both in Church and State The King marches against them And upon Articles makes Peace with them The Scots innovating the Articles cause a new VVar. A Parliament is called in England And dissolved The Scots making a secret Combination with the Factious invade England Having made a Truce the Judgment of the Parliament is expected The Parliament meets The Factious in it Who under pretext of reforming Grievances endeavour to new-model the Government both in Church and State And by what steps Many are accused the E. of Strafford and Arshb of Canterbury The L. Keeper Judges And twelve Bishops The terrified Judges are freely discharged The Bishops also being deprived of the right of voting in the House of Lords Strafford is brought to his tryal before the House of Lords the King over-hearing The Earl in his defence clears himself of the Accusation The House of Commons make a new Law whereby they make him guilty of Treason Not without opposition many dissenting The Lords deliberating more seriously The Rabble beset the House And hinder the Lords and Bishops from entering it then they break into Westminster-Abbey And afterward run in tumult to White-hall And answer the K. sawcily Whilst the Justices of Peace repress the Tumults they are imprisoned by the factious House The factious Members of Parliament consult with the Apprentices and teach them the time and manner of tumultuating Whereby the Members being frightned forbear coming to the House and are therefore excluded Whence the Authority of Parliament wears out of date The Lords pass the Bill against the Earl of Strafford The Kings consent is very hardly obtained Till the Judges pronounced it lawful the Bishops removed his scruples And Strafford advised him to it The King by Letters desires the execution may be delayed The Lords deny it Courtiers fearful of their condition freely resigne their places The Sheriffs Justices of the Peace comply with the times In that thing alone the King withstood the will of the Parliament In the rest he left himself in a manner at their discretion He suffers the Jurisdiction of the Court of Stannaries of the Court of the President of Wales to be lessened The extent of the Forests also be abridged The Court of the Star-Chamber And of the High Commission to be abrogated As also that of the Lord President and Council of the North. He allows Monopolies to be rescinded He yields up also his right of levying Souldiers Ship-money Tunnage and Poundage Allows also a Triennial Parliament And that the present Parliament should not be dissolved without the consent of both Houses Yet with these the Factious are not pleased But are thereby emboldened to raise Animosities and Divisions The Scots are sent home The English Irish Armies are also disbanded The K. follows the Scots into their Country And upon his return is feasted by the Londoners The Factious congratulate the Kings return by a defamatory Declaration ☞ To which the King shortly answers New Tumults for snatching the power of the Militia out of the K.'s hands The K. obviates the Sedition by accusing the Heads of it of Treason Whom the House of Commons takes into protection Wherefore the K. enters the House of Commons in person That he may demand them Who fled The K. afterward desisted and in a manner acknowledged his fault But the Factious take thence occasion of slandering and of raising jealoâ—sies stirs Buckinghamshire Essex petition The accused Members abscond in London and with a Guard of Citizens are conducted to the Parliament-house The K. withdraws to Windsor-Castle Sends the Q into Holland Sends for the Prince Moves towards York Having first sent pacificatory Letters to the Parliament VVhich notwithstanding the House of Commons misinterpret as contrary to the Priviledges of Parl. and pretend to be in great fear Daring alone to demand the power of the Militia VVhich when they could not obtain they stir up the Corporations to take up Arms of their own accord The House of Commons pass a Vote for ordering the Militia by Deputies and having prevailed with the Lords with joynt address they demand the Militia of the King upon pretence of dangers The K. allows a share in the power of the Militia reserving to himself the supreme Authority he exhorts them to moderation and peace But the Factious slight these things fill the rest with idle fears and by them stir up the People Fearing that the K. might possess himself of the Magazine of Hull They send Sir John Hotham to prevent it Who shuts the Gates against the King And is proclaimed Traitor He is justified by the House of Commons Afterward repenting of what he had done and being about to deliver up the Town to the K. he is taken with his Son beheaded The Parl. sends Proposals of Peace to the King The Parl. Propositions to the King The King answers The matter comes to nothing as all future Treaties Propositions The Parl. proposing most rigid Conditions The mediation of the K. of France the States of the United Provinces and of the Scots is rejected The Parl. seizes the Militia The K. commands the contrary citing Laws that are against it They answer And the K.'s Majesty replies And opposes the Aggressors They skirmish on both sides in Apologies and Manifesto's wherein the K. has the better The Parl. levies an Army Having deceived the People by wheedles And the Ministers They raise Pay Who favour the King By their assistance and his own authority the King raises an Army such as he could The Irish Rebellion intervenes Macquire and Macmahon the Incendiaries of the Irish Rebellion are taken carried to London There to be punished with the utmost rigour Macquire upon the brink of death Constantly asserts the innocence of the K. Vpon whom nevertheless the Rebels charge the Crime Who were the Authors of it And what opportunities they
Parl. should adhere The flight of the Members of Parl. is approved The Rebels having got the power into their hands forget the K. some being for an Oligarchy and others for Democraty All conspire against Monarchy and the K. Whose murder they plot some privately Others by a Council of War Some under pretext of a Parliamentary Authority To which they make way gradually sending Propositions to the K. with a pretence of peace but in reality to find a cause of accusing him Which though the Commanders of the Army had procured in Parl. yet in the Camp they perswade the K. not to condescend to them The K. makes answer to the Parl. proposals Appeals to the Demands of the Army as more conducing to peace Where at Cromwel and the Commanders seem to rejoyce But from thence labour to incense the rest of the Members against him They juggle with the K. putting him by turns in hope and fear At which his Majesty being moved makes his escape to the Isle of Wight From thence he speedily writes to the Parl. sending also Concessions Vpon which he demands a Treaty with the Parl. Thus the Rebels oppose and take occasion of asking Demands preliminary to the Treaty Which the Scots oppose both in Parl. and before the King The King answers Is confined to close imprisonment The Oligarchick Commanders reduce the Democraticks to order and restore Military Discipline They openly rail against the King And pass a Vote of none Addresses to the King But surreptitiously in the Lower House By force and threats in the Vpper House Cromwel excuses himself of perfidiousness They publish a Declaration Which they stuff with all the Calumnies they can against the King They command it to be read publickly by the Ministers in all Parish-Churches And sooth them with promises that they may commâ—nd it in their sermons They endeavour by their Emissaries to procure gratulatory Petitions The K. Majesty is justified by many Apologies The Parsons coldly execute their orders very few congratulate All the people grumble and fret Many petition for a personal Treaty with the King The Rebels in vain opposing it ☜ First were the Essex-men Next those of Surrey who are abused by the Souldiers But nevertheless more Petitions come from other Counties And the Kentish and Essex men with several others being repulsed betake themselves to Arms. The Fleet also falls off from the Parl. The Scots rise in arms for delivering the K. out of prison The English are overcome by the enemy And the Scots Hamilton the General being taken The ships prepare to make a defection from the Prince matters succeeding ill at Land The Parl. in the mean time think of making peace The Act of None Addresses is rescinded They appoint a Conference with the K. by Commissioner in the Isle of Wight No notice taken of the Scots To what Conditions the Commissioners are tyed The Conference to be held at Newport The K. is allowed his necessary servants The K.'s wonderful prudence in the Conference In the middle of the Treaty the Parliamentarians require that the Marquess of Ormond's Commission be recalled The K.'s Answers are censured in Parl. The K. unexpectedly granted many things * There is no mension of the Court of Wards in these Articles thô it is expressed both here and in Baker's Chronicle and perhaps was thought of after these Articles were printed The K. makes some Proposals To which the Parl. in a great part consent The promising hoâ—es of Peace Are disappointed by the Rebels In what manner The Commanders of the Army pretend to be pleased with Peace They stir up the common Souldiers against it and to destroy the King The souldiers are drawn together near London Ireton makes a Remonstrance against the Peace And that in name of the Army The Army being called together And a Fast appointed ☞ Which was often abused by them It is read and approved And presented to the Parl. in name of the Army and People Nevertheless the Lower House persists in considering of the Kings Concessions at which the Commanders of the Army are angry and carry the K. away from the Isle of Wight They march to London and post themselves about the Parliament-house Yet the Members meet And debate about the Kings Concessions They vote them to be a sufficient ground for a Peace The House of Lords agreeing to it This incensed the Oligarchick Rebels The Commanders of the Army beset the Parl. house imprison many Members debar others from entering Some they carry away by force out of the House And abuse the Captives The Oligarchick Faction to the number of about forty men snatches the Authority Who are still over-ruled by the souldiers They enact concerning the highest affairs and of bringing the King to a tryal They confirm the Votes of None Addresses and rescind that concerning a Conference with the King They pass Votes preliminary to the Kings murder * M. Horatius Cons of Rome caused a Law to pass Ut quod tributim plebes jussisset populum teneret that is That what Laws or Orders the Com-Counc or Tribes of Rome should make should oblige the body of the Common-wealth by which the Senate Nobility lost their power way was made for the turning that State into a Democracy to the ruine of it Liv. l. 3. c. 55 They erect a Trib. of subjects against the K. And appoint 150 Judges of their own Faction to do the fact Some Nobles and Judges also Commanders of the Army Members of the House of Com. Mechanicks Bankrupts All obnoxious men The Vpper H. is slighted But the Republicans send them their Bills to be confirmed They are rejected as hurtful and unlawful Wherefore the Lords are dashâ— out of the number of the Kings Judges And the Judges of the Kingdom as contrary to their Bill They chuse a President of the Court And an Attorney-General In the mean time the Presbyterian Ministers cry out against it The Scots also protest against it The States General intercede English Loâ—ds offer themâ—ves Hostages for the King The whole People rages Burghill lies in wait for Bradshaw But in vain and with danger of his life But all attempts are in vain Peters from the Pulpit encouraging the Judges Accusers and Witnesses against the K. are cited by a Herald The King is brought to the Bar. Is indicted in name of the People of England The Lady Fairfax publickly contradicting it He calls into question the Authority of the Court. Which the President affirming to be derived from the People that chuse the King the King denies it * But then that neither one nor both the Houses nor any other Tribunal upon Earth had any power to judge the King of England much less a parcel of pack'd Judges of the Lower House who were masked onely with the oppressed power of that Court. The King is again and a third time brought to the bar And being about to alleadge Reasons against the Authority of the Court The President
be a sufficient Conviction of Popish Recuâ—ancy An Act or Acts of Parliament for Education of the Children of Papists by Protestants in the Protestant Religion VIII An Act or Acts for the true Levie of the Penalties against them which Penalties to be levied and disposed in such manner as both Houses shall agree on wherein to be provided that his Majesty shall have no loss IX That an Act or Acts be passed in Parliament whereby the practices of Papists against the State may be prevented and the Laws against them duly executed and a stricter course taken to prevent the Saying or Hearing of Mass in the Court or any other part of this Kingdom or the Kingdom of Ireland The like for the Kingdom of Scotland concerning the four last preceding Propositions in such manner as the Estates of the Parliament there shall think fit X. That the King do give his Royal assent to an Act for the due observation of the Lords Day XI And to the Bill for the suppression of Innovasions in Churches and Chappels in and about the Worship of God XII And for the better advancement of the preaching of Gods holy Word in all parts of this Kingdom XIII And to the Bill against the enjoying the pluralities of Benefices by Spiritual Persons and Non-Residency XIV And to an Act to be framed and agreed upon by both Houses of Parliament for the reforming and regulating of both Universities of the Colledges of Westminster Winchester and Eaton XV. And to such Act or Acts for raising of Moneys for the payment and satisfying of the publick Debts and Damages of the Kingdom and other publick uses as shall hereafter be agreed on by both Houses of Parliament and that if the King do not give his Assent thereunto then it being done by both Houses of Parliament the same shall be as valid to all intents and purposes as if the Royal Assent had been given thereunto The like for the Kingdom of Scotland And that his Majesty give assurance of his consenting in the Parliament of Scotland to an Act acknowledging and ratifying the Acts of the Convention of Estates of Scotland called by the Council and Conservers of the Peace and the Commissioners for the common Burthens and assembled the two and twentieth day of June 1643. and several times continued since and of the Parliament of that Kingdom since convened XVI That the Lords and Commons in the Parliament of England assembled shall during the space of twenty years from the first of July 1646. arm train and discipline or cause to be armed trained and disciplined all the Forces of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Guernsey and Jersey and the Town of Barwick upon Tweed already raised both for Sea and Land-service and shall from time to time during the said space of twenty years raise levy arm train and discipline or cause to be raised levied armed trained and disciplined any other Forces for Land and Sea-service in the Kingdoms Dominions and places aforesaid as in their Judgments they shall from time to time during the said space of twenty years think fit and appoint and that neither the the King his Heirs or Successors nor any other but such as shall act by the authority or approbation of the said Lords and Commons shall during the said space of twenty years exercise any of the Powers aforesaid And the like for the Kingdom of Scotland if the Estates of the Parliament there shall think fit That Moneys be raised and levied for the maintenance and use of the said Forces for Land-service and of the Navy and Forces for Sea-service in such sort and by such ways and means as the said Lords Commons shall from time to time during the said space of twenty years think fit and appoint and not otherwise That all the said Forces both for Land and Sea-service so raised or levied or to be raised or levied and also the Admiralty and Navy shall from time to time during the said space of twenty years be employed managed ordered and disposed by the said Lords and Commons in such sort and by such ways and means as they shall think fit and appoint and not otherwise And the said Lords and Commons during the said space of twenty years shall have power 1. To suppress all Forces raised or to be raised without authority and consent of the said Lords and Commons to the disturbance of the publick Peace of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Guernsey and Jersey and the Town of Barwick upon Tweed or any of them 2. To suppress any foreign Forces who shall invade or endeavour to invade the Kingdoms of England and Ireland Dominion of Wales the Isles of Guernsey and Jersey and the Town of Barwick upon Tweed or any of them 3. To conjoyn such Forces of the Kingdom of England with the Forces of the Kingdom of Scotland as the said Lords and Commons shall from time to time during the said space of twenty years judge fit and necessary To resist all foreign Invasions and to suppress any Forces raised or to be raised against or within either of the said Kingdoms to the disturbance of the publick Peace of the said Kingdoms or any of them by any authority under the Great Seal or other Warrant whatsoever without consent of the said Lords and Commons of the Parliament of England and the Parliament or the Estates of the Parliament of Scotland respectively And that no Forces of either Kingdom shall go into or continue in the other Kingdom without the advice and desire of the said Lords and Commons of the Parliament of England and the Parliament of the Kingdom of Scotland or such as shall be by them appointed for that purpose And that after the expiration of the said twenty years neither the King his Heirs or Successors or any person or persons by colour or pretence of any Commission Power Deputation or Authority to be derived from the King his Heirs or Successors or any of them shall raise arm train discipline employ order mannage disband or dispose any of the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Guernsey and Jersey and the Town of Barwick upon Tweed Nor exercise any of the said Powers or Authorities in the precedent Articles mentioned and expressed to be during the said space of twenty years in the said Lords and Commons Nor do any act or thing concerning the execution of the said Powers or Authorities or any of them without the consent of the said Lords and Commons first had and obtained That after the expiration of the said twenty years in all cases wherein the Lords and Commons shall declare the safety of the Kingdom to be concerned and shall thereupon pass any Bill or Bills for the raising arming training disciplining employing mannaging ordering or disposing of the Forces by Sea or Land of the Kingdoms
Impositions upon Commodities shall remain in the hands of those to whom they have been granted until further order be taken about all these things That the Commission of Oyer and Terminer Grand Assizes and Goal-delivery shall have Power according to the standing Laws of punishing Murders Felony Thefts and Robberies until the twentieth of May following That Courts be established according to the Will and Pleasure of the Deputies or Commissioners in matters belonging to themselves That the Romish Priests who behave themselves modestly shall not at all be molested but shall enjoy the Salaries paid them by the Laicks for their maintenance and the enclosures of the ancient demolished Monasteries and Abbeys As to other matters that the King with consent of his Parliament shall order them For expeding of those Conditions the Papists chose about fifteen Deputies or Commissioners that as so many Mediators betwixt the King and the People they might bring back the Confirmation of them So dear did a frail and transitory Peace with Rebels cost the King But necessity is a prevalent Orator that perswades Men even to unbeseeming and many times to dishonourable Resolutions Nevertheless the Lord Lieutenant whether willingly or unwillingly agrees to these Articles And the Peace is instantly proclaimed by the Heralds But Ouen Ro-Oneal and the Native Irish that were on his side refused to acquiesce to these Conditions of Pacification under pretext that their Religion was not sufficiently secured Jones also and others find fault with the Commissions as too ample and as they gave it out unseasonable and that likewise they were patcht up with the King without the Authority of Parliament But the Lord Ards with the rest of the Scots who abominating the Rump-Parliament first favoured and then struck in with the Kings Party bestir themselves bravely in taking in the Castles and Garrisons which held out for the Rebels in Vlster The Lord Lieutenant being General in the mean time had many and great Affairs to mind Men Arms Money Ammunition and all Military Provisions are wanting which nevertheless were to be raised amongst Men of contrary Interests different Perswasions and who mutually hated one another The English indeed were of themselves ready to undergo any danger but they were but few in number and of bad Correspondence with the Irish by reason of their ancient Feuds and Animosities And suspecting their Courage no less than their Loyalty they decline to serve with them under the same Ensigns The Irish again being in a great part Treacherous Bloody and Perfidious divided amongst themselves into several Factions were more apt to sheathe their Swords in one anothers Bowels than to fight against the Common Enemy Nevertheless by his own Presence Wisdom Diligence and at his own Charges being assisted with seven or eight trusty Commanders he luckily mastered all these difficulties He found the Magazines of Ireland exhausted the Treasury empty and the Citizens and Inhabitants in whose Hands was all the money of the Kingdom very unwilling and sparing to contribute and the Roman Clergy opposing and undermining his Designs Wherefore in the beginning he got together a small Army which being increased in number by the conjunction of Inchiqueens Forces and the rest of the English his fellow Souldiers for the first Months he provided them pay either of his own money or what he could borrow from others Thus being pretty well provided with Men and Ammunition he marches through Queens County streight against Jones and by the way takes in some Castles belonging to Ouen-Ro-Oneal of which the most remarkable were Kildare and Talboth Jones having had certain intelligence of this March advanced to meet the Lord Lieutenant But being informed by his Spies that he was coming with a greater Army than he was able to encounter and distrusting his own Souldiers he forthwith returns to Dublin The Lord Deputy in the mean time passes the River Liff where having called a Council of Inchiqueen Taff Dillo Preston and the rest of the Principal Commanders they consult what was best to be done whether they should besiege Dublin or directing their course another way take the Towns about or else rather block up the City and at the same time have an eye upon the other places Being as yet doubtful what to do they advance to view Dublin and so to take a resolution upon the spot But Jones expected them with an Army without the Walls but under the Cannon of the Town Both Armies were drawn up but without any Skirmishing That night the Lord Deputy Quartred at Finglass three miles distant from Dublin Next day all the Papists both Men and Women that were unfit for War are thrust out of the Town and the Cavalry that were needless in the Siege are sent to Drogheda at the mouth of the River of Boin that they might incommode the Enemy in the Rere and take care to send Provisions into the place So soon as the Lord Lieutenant had notice of this he sends the Lord Inchiqueen Lieutenant-General to pursue Jones's Horse and if opportunity offered to take in the Towns on all hands In the mean time he thought it not convenient to divide his Army but to encamp and entrench himself with his whole Forces near Dublin that he might intercept the Provisions going into the place and entice the Souldiers and Citizens to desert it not doubting but that the Souldiers would be easily inclinable to do so Affairs being doubtful his Neighbourhood affording opportunity and the City being straitned for want of Provisions and the rather knowing that most of the Souldiers who were in Garrison had formerly sworn to be true to him This he found to be a successful resolution for about two thousand by stealth and as every one best could taking occasion to get out came over to his Camp Nay he was not wanting to essay Jones himself by many fair Promises which he made him one after another But he that he might oppose Art to Art having threatned the Deserters with most severe Punishments pretended a willingness to comply with honourable Conditions and shuffled off the Treaty with shifts and delays though sometimes he seemed to be at a stand and uncertain what to do However he sent private intelligence to the Rump-Parliament and the General in what dangerous straits he was earnestly beseeching them to hasten the sending him Relief In the mean time he surrounds the Walls views the Works repairs what is defective casts up new Works plants Palisadoes drives sharp Stakes into the ground and did what lay in his power to fortifie the place Nay and having sallied out upon the Enemies Camp near Finglass he took amongst other Prisoners a Relation of his own whom for a terrour to all others that they might not desert he caused to be hanged Inchiqueen on his part falls in upon a Troop of Jones's Horse and beat them in their Quarters and next morning pursuing the rest that were Commanded by the
Younger Coot he easily put them to the rout so that most part of them being either killed or taken he pursues the rest as far as Drogheda in which place the Souldiers and Towns-People being put into great consternation in a Weeks time he reduced it under his own power About the same time the Lieutenant-Gederal Inchiqueen had notice given him of an Agreement betwixt Ouen-Ro-Oneal and Monck made at Dundalk whereby all necessary Provisions Powder Shot and Mony were to be furnished for the relief of Derry blockt up by the Lord Ards and Scots and that Ouen afterward should make an Inrode into Leinster and Munster that by this Stratagem he might draw off the Lord Lieutenant from the Siege of Dublin To put this in Execution Farell is Commanded out with five hundred Foot and three hundred Horse But Inchiqueen waiting for him in his return charged him routed him and obtained the Booty he intended After that having received fresh recruits of Men he besieges Dundalk which notwithstanding Moncks resistance the Souldiers delivered up after two days Siege with all the Artillery and Ammunition And being thus encouraged by the Smiles of Fortune and chusing rather to make advantage of his Victories than to enjoy them he reduced Green-Castle Neury and Trim. After which good Services he returns to the Lord Lieutenant having left Garrisons in the places he had taken better provided of Men Mony and Ammunition than before But seeing we have in this place made mention of Ouen-Ro-Oneal it is fit we relate a great Action of his before we continue the History of the Siege of Dublin The Lord Ards with the other Commanders had driven all the English Forces out of Vlster only Derry under the Command of the Elder Coot remaining which could give them any molestation It is a City seated upon Logh Foyle where it contracts it self into narrower compass and is on each side beautified with goodly Meadows and Pastures as the Water is inriched with Fishes Heretofore a Colony of English under the Conduct of Colonel Docwray was there established and many Londoners flocking thither afterwards it was called London-Derry the delightfulness of which place drew to it so vast a number of Inhabitants that it became without Controversie the chief City of Vlster Ards used all diligence to reduce this last place but not by Storm Approaches or Mines but by Building new Forts or taking those that were round it that so intercepting all Relief by Sea and Land it might at length be forced to surrender And indeed Provisions being exhausted and all other necessaries wanting they had been reduced to utmost straits had not Ouen-Ro-Oneal in the very nick of extremity and when the Garrison were at the last gasp brought them succour For he though he had been in a late overthrow sufficiently bang'd by Inchiqueen yet hastens with five thousand Foot and four hundred Horse to snatch the City out of the Jaws of the Enemy which indeed he performed very successfully and seasonably For swift-flying Fame having brought the news of his approach Ards thought it safer presently to draw off his Army than rashly to sight this Enemy that had the English in the City to assist him and leave Garrisons in Convenient places that might curb and block up the Town till upon Ouen's departure the Siege might be renewed again But Ouen with the joint assistance of the Besieged takes in all the Neighbouring Forts and restored distressed London-Derry to full liberty Now the Reader is to take notice what Reward he had from the Rump-Parliament for so important an Action He had made an Agreement in writing Signed and Sealed with Coot and Monck for relieving London-Derry in name of the Rump-Parliament which was sent into England to be Confirmed by the Members Letters were likewise sent in Favour of Ouen commending and extolling him for a Just Enemy a strict observer of his Faith a Man of Constancy and Resolution and true to his word and who if they thought it fit would be very useful to their Cause And both of them flatter him with hopes as if there were no doubt to be made of the Consent of the Rump-Parliament The Rump-Parliament trisled away time in deliberating about these Conditions until they might have intelligence of the overthrow of Ormond and of the Successes of Cromwel And then they reject Ouen-Ro-Oneal thanking Coot and Monck for their Faithfulness and good Services they had rendred to the Parliament But without longer digression let us return to Dublin and Inchiqueen who having performed Actions beyond expectation returned triumphantly to Finglass where the Lord Lieutenant had settled his Camp A Council of War being held there it was resolved to besiege Dublin but yet to try first if they could reduce it by Hunger rather than by a Storm and Assault lest that Royal City and Capital of all Ireland might be Sackt or Burnt by the enraged Souldiers and Friends and Foes be equally destroyed It was therefore thought fit to attack it on both sides and for that end the Lord Dillo being left with five hundred Horse and two thousand Foot to block up the North and farther side of the City the Lord Lieutenant himself with the rest of the Army crossing the River lies down upon the other and South side of it But whilst they are passing over to go to Rathmecus where the River being narrower afforded a more convenient place for building a Fort to hinder Importations into the Town the English Fleet comes in view with relief to the Besieged wherein were embarked Colonel Reynolds Commander of the Horse and Venables who had the Command not only of his own Foot but also of the Regiment newly raised by Monck and others They all in Health and good Plight had set Sail from Chester and with a prosperous Wind arrived at Dublin bringing with them all necessary Provisions With them also came no small number of Temporizers who presently flying over to the Royal Camp give it out for a certain that no more Men were to come to the relief of Dublin but that the whole English Army was to sail to Munster where it was clear that many of their Friends and not a few of Inchiqueens Men who loved changes would joyn with them So soon as the Lord Lieutenant heard this he forthwith designs Inchiqueen for Munster with the choicest of his Foot and almost the whole Horse with orders to oppose the Enemy incourage and confirm the Province and to beware of those whose Fidelity and Honesty was suspected He in the mean time resolved to raise the Siege and encamp his Souldiers at some distance in two or three distinct Camps where being strongly entrenched they might assist one another if occasion required watch the Enemy's motion and hinder Provisions from being conveyed into the Town But at the very instant the Commanders repining that they should be disappointed of
before his Eyes he forbore all farther discourse Shortly after VVilmot passing through the Town they take Horse and following the streight Rode to London they met with several Travellers in the way and amongst those one who had formerly been a Servant to CHARLES the First Therefore thinking it most convenient to turn out of the Rode they followed the next way upon the left hand and having rid a long time towards night they came to a Village called Broad-windsor Windham goes before to enquire where they were what the name of the Village was and whither the way led And by good luck he stumbled upon an Inn-keeper an old Servant of his own who had been also a Soldier in the Kings Army pleased with this good Fortune he speaks him kindly and because it grew dark he easily obtained Lodging that night for his Company However it was not long before the Constable came with forty Soldiers at his back who marching to the Sea Coast to be transported over to Jersey must be quartered there The House being pestered with them the Kings Majesty had but a very narrow Lodging yet that was not all the inconvenience For about midnight a Woman that followed the Soldiers fell into Labour Which being noised about the People of the Village flock'd together and kept a bawling and heavy rout about the keeping of the Child and Mother which continued till break of day when the Soldiers weary of the jangle hastened to their Ships During the hubbub let us look back a little to Chayremouth where the Shoeing of a Horse went near to have cost the Lord Wilmot dear by a discourse started betwixt the Smith and the Hostler The Smith asking From whence came these Gentlemen From Exeter as they say answered the Hostler To whom the Smith replied but I dare swear these last Shoes were put on in the North. All other circumstances being considered to wit that the Saddles were not taken off in the night time that though Travellers they had sat up all night and that the Servant went out of the Inn early in the morning they presently conclude that they were Persons of Quality who flying after the late Worcester fight had wandered thither and that perhaps the King was amongst them So that the Hostler hoping to make his Fortune went to consult the Minister of the place one Westley a great stickler for the Regicides what he had best to do on this occasion But neither was it fit to disturb him at his Morning Prayers nor durst the Hostler stay till they were winded out for fear of losing the Vails he expected from the Gentleman that was upon parting and therefore returning without any thing done he lets him go The Smith having blazed about the story presently came the Minister solicitously enquiring of the Inn-keeper what the Travellers were that he had lodged that night from whence they came whither they were going and what was their Business there His suspicion being encreased by the Inn-keeper's answers he runs to Butler the next Colonel for obtaining a Warrant to raise the Countrey and Soldiers for apprehending the King The Colonel refusing Captain Massey quartered hard by having gathered together as many Horse as he could in the hurry follows after on the London Rode as far as Dorchester but the King dy divine Providence having quitted the Rode he returned disappointed of his fair hopes This set all the Soldiers about a working who search all places and suspected houses especially that of Sir Hugh Windham Uncle to the Colonel where they left not a Chest nor corner unsearched and having made the whole Family Prisoners they will needs have a young Lady of extraordinary Beauty and Parts to be the King in disguise nor did they let her go till by an undoubted experiment they had found out her Sex The King's steps however are to be traced by a surer Guide For after mature deliberation it was resolved upon that he should return to his known recess at Trent and that the Lord Wilmot with Peters should hasten to Salisbury that there he might advise with John Coventry the eldest Son of the Lord Keeper Coventry by a second Marriage by what means the King might either securely pass the Seas or at least find a new retirement for it was to be feared lest staying too long in one place he might be discovered After a consultation with Coventry application is made to one Mrs. Hide a Widow who lived at a Village called Heal within a mile of Salisbury that she would look out for a lurking place and Robert Philips who had been a Colonel in the Army of CHARLES the First is sent to Southampton to freight a Vessel He returning from thence assured them that a Ship and all things necessary were in readiness for a Transportation But it fell out unluckily that the same Ship whilst the King was going to the Widows House was taken up and engaged to carry over Soldiers and Ammunition to the Isle of Jersey Philips being therefore disappointed of his hopes begs assistance of Colonel Gunter whom he met with by chance in that affair The King in the mean time came to the Widows House in the night time and goes to Supper Doctor Henchman afterward Bishop of Salisbury with other Guests sitting with him at Table After Supper he privately disclosed himself to the Widow and entreated shelter from her and though she had never seen him before but once and that seven years before in passing yet at first sight she knew him She therefore advises him early in the morning to depart towards London but having turned out of the way to come back about one of the Clock in the afternoon at what time he should by a back door be let into the House for that being a Market day at Salisbury and all her Servants and other Witnesses being gone thither by her permission she her self would let him in The thing was accordingly done For the King and Colonel Philips taking formally leave of the Mistress of the House mounted on Horseback and go to see Stonehenge but at the appointed hour returned back again here the Colonel carrying away the Horses the King is hid in a secret place which had been made in the time of the War for securing of Jewels and Goods of greatest value In the mean time by means of Colonel Gunter a Vessel was hired at Bright-helmstead in Sussex which so soon as the King knew all things being in a readiness for a departure his Majesty in good earnest takes leave of the Lady and in the night time accompanied by Colonel Philips he removed to the house of one Simmons near Portsmouth and came next day in the Evening to an Inn at Bright-helmstead where all sit down at Table together the King Gunter Wilmot Mansel a Merchant and Tetershal Master of the Vessel opposite to the King The Master of the Vessel
Fellow-Subjects some of them who had more sense upon a day appointed went with their Speaker to attend him earnestly beseeching him to take upon himself the Supreme Authority now again fallen at his Feet Cromwell made a shew of wonder denying utterly and rejecting it but at length with much ado suffered himself to be prevailed upon but with this Condition That an Instrument or Form of the Thing under Hand and Seal should be given him This being done though the Inferiour Officers of the Army and the Republicans were against it who promised to themselves profitable Places under that Government and a Licencious Liberty of domineering or at least constant and standing Commands in the Army yet Lambert who at present promised himself the Second Place in the Government and afterterwards the First hiding a proud Ambition under a Cloke of Humility by Words and by his Example persuaded the other Officers not onely to comply with that Monarchy but also to stickle for and desire it So now the Name of a Commonwealth stinks and the Popular State which heretofore they gloried in is despised The Single Government of One Person onely pleases them and what heretofore they had cursed with so many private and publick Imprecations after a Consultation with the Officers is declared to be the Government of this Nation Yet Cromwell would not accept of it by the Title of KING though he was persuaded to it by many lest he might seem to make Shipwrack of all Modesty and too openly to prevaricate But joyning together a Common-wealth and Single Government which formerly were inconsistent under the Title of Protector he takes into his Hands the Reins of Government modelled according to the Conditions of an Instrument which here we shall insert THE Instrument of Government THat the Supreme Legislative Authority should be in a Single Person and the People in Parliament but the Administration thereof to be left to the Lord Protector and to his Council whereof the Number was not to be above Twenty and one That all Charters Patents Writs and Commissions should be passed by the Protector All Power of Magistracy Honours and Titles to be deriv'd from him Likewise the Pardon of all Offences excepting Treason and Murder He also to have the Administration of all things with the Advice of his Council and according to the Tenor of this Instrument That the Militia sitting the Parliament should be in the disposal of the Protector and the Parliament but in the Intervals in the Protector and his Council The Power also of making Peace and War with Foreign Princes to be in the Protector and his Council but he to have no Authority of Repealing or Making any Laws without the Consent of Parliament That the Parliament should be called before the end of Six Months then next ensuing and afterwards once in Three years or oftner if need require and that it should not be in the Protector 's Power to Dissolve the same for the first Five Months without the Consent of the House That the Number of Members for England should consist of full Four hundred Elected according to an equal Distribution for Scotland Thirty and for Ireland the like Number the Number for each County and City to be also assigned That the Calling of such Parliament should be under the Seal of the Commonwealth by Writs to the Sheriff in the Protector 's Name But if the Protector should not call the same within the times limited the Chancellor then to do it under the Penalty of High Treason and if he should fail therein then that the Sheriffs should peform it And after such Election should be made to be transmitted by the Chief Magistrate by Indenture to the Chancellor signed with his Hand Twenty days before the Sitting of the same Parliament Also if the Sheriff or Mayor should make a false Return that he be fined in Two thousand Marks That none should be capable to Elect who had ever born Arms against the Parliament or been Actors in the Irish Rebellion Nor that any Papist should ever be capable to give his Voice And that all Elections against these Rules should be void and the Transgressors fined at Two years Value of their Revenues and a third part of their Goods That no Person under the age of One and twenty years should be capable of being Elected nor any other than of known Credit fearing God and of good Behaviour No Man likewise to have Power of Electing whose Estate should not be worth 20 l. per An. Sterling That the Return of the Persons Elected should be transmitted by Prothonotary in Chancery unto the Council of State within two days after they should come to his Hands to the end that Judgment might be made of the Persons if any Question should arise touching the Lawfulness of the Choice That Sixty Members should be accounted a Parliament in case the rest be absent Nevertheless that it should be lawful to the Protector to call a Parliament when he shall see cause That the Bills agreed on in Parliament should be presented to the Protector for his Assent thereto and if he should not give his Assent to them within Twenty days that then they should have the force of Laws without it That if any Counsellor of State should die or be outed of his Place for Corruption in the Intervals of Parliament the Protector with the rest of the Council to substitute another in his stead That a certain Annual Tax should be made throughout the Three Commonwealths for the Maintenance of Ten thousand Horse and Fifteen thousand Foot which Tax should also supply the Charge of the Navy And that this Rate should not be lessened or altered by the Parliament without the Consent of the Protector and his Council But if it should not be thought necessary hereafter that any Army should be maintained then whatsoever Surplusage of this Tax should be to be kept in the Treasury for sudden Emergencies That if there might happen to be occasion of making extraordinary Choices and to raise new Forces it should not be done without Consent of Parliament but that in the Intervals of Parliament it should be lawful for the Protector and his said Council both to make new Laws and to raise Monies for the present Exigencies That all the Lands Forests and Jurisdictions not then sold by the Parliament whether they had belonged to the King Queen Prince Bishops or any Delinquents whatsoever should thenceforth remain to the Protector That the Office of Protector should thenceforth be Elective but that none of the King's Line should be ever capable thereof and that the Election should belong to the Council That for the present Oliver Cromwell should be Protector That the Great Offices of the Commonwealth viz. Chancellor Keeper of the Seal Governour of Ireland Admiral Treasurer in case they should become void in Parliament-time to be filled up by the approbation of Parliament and in the Intervals by the like approbation