time he should stand committed to the Serjeants Ward till Two Thousand Pound Bail could be procured for his appearance next Sessions And though the King took him into Protection as his Servant yet his Bail-bond remained uncancelled Divers Laws were Enacted in this Parliament as one about Observation of the Lord's day another for restraint of Tipling in Inns Alehouses c. These passed likewise in the House of Commons A Bill for Tunnage and Poundage but this miscarried in the House of Lords because the Commons had limited it to a year whereas it was formerly granted to the Kings Predecessors during their lives it being intended to reduce the Customs to the Rate at which they were settled in the Reign of Queen Mary During the fitting of the Parliament the Lord Mordant a Papist and his Wife a Protestant being both desirous of each others Conversion they put their cause upon a dispute between James Usher L. Archbishop of Amargh and one Rookwood a Jesuite who called himself Beaumont this was acted at Drayton in Northamptonshire the points disputed on were Transubstantiation Praying to Saints Images and the Visibility of the Church wherein the Learned Primate so foil'd his Adversary that the Lord Mordant was Convinced and Converted to the Protestant Religion and his Lady further confirmed therein On the Eleventh of July 1626 the Parliament by reason of the sickness Adjourned till August 1. and then met again at Oxford where the King first by himself and next by his two Secretaries the Lord Conway and Sir John Cook declared to them the necessity of setting forth a Fleet for the recovery of the Palatinate which was the Countrey of the Prince Palatine of the Rhyns who married the Kings Sister and was then unjustly detained from him by the Emperour of Germany and the King of Spain the Lord Treasurer likewise instanced the several Sums of Money which King James died indebted to the City of London This occasioned very warm Debates in the House of Commons who alledged That evil Councels guided the Kings Designs That the Treasury was misimployed That our necessties arose through Imprevidence That it would be necessary to Petition the King for a stricter hand and better Councel to manage his Affairs That though a former Parliament engaged the King in a War yet if things were managed with Contrary designs and the Treasure misimployed this Parliament was not bound to be carried blindsold in Designs not guided by sound Council That it was not usual to grant Subsidies upon Subsidies in one Parliament and no Grievances rednessed With several other Passages of the like Nature They likewise very much reflected upon the miscarriages of the Duke of Buckingham who was then a person of very considerable Trust but however they promised to consider of the Kings desires and presented him a Petition against Popish Recusants giving an Account of their damage ascribing certain Causes of their growth and offering divers Remedies thereunto unto which a satisfactory Answer if any thing would have satisfied was returned And hereupon there followed a Debate about Supplies some were for contributing presently others demurr'd as disliking the design in hand and in conclusion the Major part agreed not to give And being incensed against the Duke of Buckingham they began to think of divesting him of his Offices and to require an Account of the Publick Moneys wherewith he had been intrusted all which they intended to include in an humble Remonstrance to prevent which the King resolved to Dissolve the Parliament and accordingly the Usher of the Black Rod was sent from the House of Lords to the Commons who were then resolved into a Grand Committee and understanding the Kings pleasure they caused the Speaker to keep his Seat while they agreed upon a Message of Thanks to his Majesty for his Gracious Answer to their Petition for Religion and for his care of their Health in giving them leave to depart this dangerous time of Sickness with a dutiful Declaration of their Affection and Loyalty and of their purposing to supply him in a Parliamentary way in fit and convenient time After which they were accordingly dissolved Now the War with Spain being intended both for the recovery of the Palatinate and to prevent disturbance in our Civil Estate the Councel hereupon resolve with all speed to set forth a Fleet and to preserve strict Unity and Peace with France Denmark and the United Provinces and with the Hollanders the King had already entered into a League Offensive and Defensive against the House of Austria and likewise had promised to assist them in soliciting other Princes to enter into the same Confederation upon Condition that they should bear a Fourth part of the Charge of the Fleet and in pursuance hereof the Duke of Buckingham and the Earl of Holland were sent to the Hague and there meeting with the Ambassadors of France and Denmark they concluded a League for restoring the Liberties of Germany the two last Ambassadors having no further power from their Supteams A while after the Dissolution of the Parliament the King published a Proclamation Commanding the return of all Children of Noble-men which had been sent to be Educated in Seminaries and Popish Schools beyond Sea that none who had received Orders from Rome should presume to confer Orders or Exercise Ecclesiastical Functions in any of his Dominions and likewise that the Statute be put in Execution for the departure of Priests and Jesuites out of his Majesties Dominions By reason of the Dissolving the Parliament the Act of Subsidies was prevented and the King was necessitated to take up Money upon Loan of such Persons as were of Ability to lend and to that end he directed his Letters to the Lord Leiutenants of the several Counties To return the Names of those Men whom they thought most sufficient The places of their Habitations and what Sums each might be judged able to lend and to the persons returned Letters were Issued forth in the Kings Name to this purpose That his Majesty having observed in the Presidents and Customs of former times That all the Kings and Queens of this Realm upon extraordinary occasions have used either to resort to those Contributions which arise from the generality of Subjects or to the private helps of some well affected in particular by way of Loan in the former of which as his Majesty has no doubt in the Love and affection of his People when they shall again Assemble in Parliament so for the present he was inforced to proceed in the latter course for supply of some Portions of Treasure for divers publick Services which without manifold Inconveniences to his Majesty and his Kingdoms cannot be deferr'd and therefore this being the first time that his Majesty hath required any thing of this kind he doubts not but he shall receive such a Testimony of good affection from them among other of his Subjects and that with such alacrity and readiness as may make the same so
Protestation to maintain with Life Power and Estate the True Reformed Protestant Religion expressed in the Doctrine of the Church of England against all Popery and Popish Innovations Which was ordered to be printed and published through the Kingdom May 5. The Lords acquainted the Commons That they thought it the safest course to lay by the Bill of Attainder because it brought in the King for Judge And the next day they debated the several Articles of his Impeachment and voted the Earl guilty of High Treason upon Two of them that is the 15th For Levying of moneys in Ireland by force in a Warlike manner And the 16th For Imposing an Oath upon the Subjects of Ireland The Commons had now finished a Bill For the Continuance of the Parliament which having passed the Lords was tendred to the King to be signed together with the Bill of Attainder His Majesty answered That on Monday following he would satisfie them and on the Sunday before the King spent the whole day in consulting about the Earl of Strafford with the Judges and Bishops The Judges told him That in point of Law according to the Oath made by Sir H. Vane of the Earls advice to raise Horse to awe this Nation he was guilty of Treason In the evening the Five Bishops viz. of Armagh London Durham Lincoln and Carlisle were called in to the King to satisfie his Conscience about it who all agreed That the King might shew mercy without any scruple and that he could not condemn the Earl if he did not think him Guilty This was to matter of Fact but as to matter of Law He was to rest in the Opinion of the Judges Monday May 10. The King gives Commission to several Lords to pass Two Bills one the Bill of Attainder against the Earl of Strafford The other For Continuing the Parliament during the pleasure of both Houses Which last Act was occasioned for satisfying the Scots who required Vast Sums of Money and for disbanding both the Armies whereby great Taxes were laid upon the People by Act of Parliament which could not possibly be levied in a short time and therefore there needed a present Supply from the City of London who as it was alledged would not part with their money least a Dissolution of the Parliament should happen before payment upon which Account the King was pressed to pass this Act. The same day the Bill was passed against the Earl of Strafford the King sent Sir Dudley Carlton Secretary of State to acquaint the Earl with what was done and the motives thereto whereat the Earl was greatly astonisht but the next day the King being troubled writes a Letter with his own hand to the House of Lords and sent it by the Prince of Wales telling them That whereas Justice had been satisfied in his Condemnation an intermixture of mercy would not now be unseasonable and therefore he desired them that if it might be done without any discontent to the People the Earl might be permitted to fulfil the Natural Course of his Life in close Imprisonment sequestred from all Publick Affairs provided he never attempted to make an Escape however he thought it a work of Charity to repreive him till Saturday But nothing could be obtained in favour of him but that the Lords said Their Intention was to be suitors to His Majesty to shew favour to his innocent Children and that whatever provision himself had made for them it might be confirmed Some Designs were said to have been laid for his Escape however May 12 1641 the Earl of Strafford was conveyed from the Tower by a Guard consisting of the Trained Bands Marshals men Sheriffs Officers and Warders of the Tower Before him went his Gentleman-Usher bare headed and he himself followed accompanied with the Archbishop of Armagh and others As he went along he passed by Arch-bishop Lauds Lodging and spying him at the Window he called to him for his Prayers and his Blessing but the Bishop at the sight of him was so surpriz'd that for some time he could not recollect himself and being reprehended by his Friends of an undecent Pusillanimity He Replyed That he doubted not but when that bitter Cup should come to his turn he should taste it with a most Christian Courage The Earl being come to the Scaffold upon Tower-hill addrest himself to the Arch-bishop of Armagh to this Effect That he was come to pay the laâ—â— Debt he owed to Sin with a good hope of rising agaiâ— to Righteousness That he dyed willingly forgave alâ— and submitted to Justice He professed himself guiltless as to the matter for which he dyed He wished aâ—â— prosperity to the King and People and acquitted him from the guilt of his death as having acted thereiâ— no otherwise then as constrained He advised his Adversaries to repent of their Violent Proceedings againâ—â— him and telling them that he thought it a strange waâ— to write in Blood the beginning of Reformation and Settlement of the Kingdom However he wished that hiâ— Blood might rest and not cry against them He declared He died in the Faith of the Church of England for whose happiness he prayed and concluded his Speech with intreating the Spectators to pray for him After which he kneeled down to Prayer and rising up again took his last leave of his Brother Sir George Wentworth and all his Friends sending his Love to his Wife and his Blessing to his Children with a most strict Injunction to His Onely Son Never to meddle with the Patrimony of the Church And theâ— giving the sign to the Executioner his head waâ— severed from his body at the first stroke This was the end of that Great and Able Minister of State who is reported when he heard the King had consented to the Bill of Attainder to have lift up his Eyes to Heaven and clapping his hand upon his heart to have cried out perhaps in immitation of Cardinal Woolseys Complaint Put not your Trust in Princes nor in the Sons of Men for in them is no Salvation And indeed it seemed very hard that he shou'd be made guilty of High Treason by a Bill framed on purpose without former President and to which His Majesties Consent was in a manner extorted and which he afterward bewailed with great remorse of Conscience though it is said the King was not so much convinced by any thing said to him but the chief Motive was a Letter from the Earl wherein he thus concluded Sir To set your Majesty's Conscience at Liberty I do most humbly beseech you for the Preventing of such mischiefs as may happen by your refusal to pass the Bill by this means to remove praised be God I cannot say this accursed but this Unfortunate Thing forth of the way towards that blessed Agreement which God I trust shall forever establish between You and Your Subjects My consent herein shall more acquit you to God then all the world can do beside To a willing man there is no injury
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
done His Character is Expressed by the King his Master in his Eikon Basilike who said He looked upon the Earl of Strafford as a Gentleman whose great Abilities might make a Prince rather afraid than ashamed to Imploy him in the greatest Affairs of State The fall of this powerful man so startled other great Officers of State that several resigned their places About the same time some discontents arose between the Parliament and the English Army in the North but a while after both Armies were disbanded The payment of Tonnage and Poundage had been much questioned since 1628 but now the King at the request of the Commons was content to relinquish his Claim to it and afterward pasied a Bill for Pole-money and two others for putting down the Star chamber and High Commission Courts which had proceeded with too much severity having so far out grown the power of the Law that they would not be limited nor guided by it July 5. A Charge was brought into the House of Commons against Dr. Wren Bishop of Ely being accused of some Treasonable Misdemeanors in his Diocess who thereupon Voted him unworthy and unfit to hold or exercise any Office or Dignity in Church or State and desired the Lords to join with them to request the King for his Removal from his service and so he was committed to the Tower and about the same time the Writs for Ship money and all the Proceedings therein were by the Kings consent adjudged void and 5. of the Judges that gave their Opinions for it were Impeached of high misdemeanors that is Bramston Trevor Weston Davenport and Crawly and Berkly another of the Judges was accused for Treason but no further prosecution was made therein August 6. Both the English and Scotch Armies were disbanded and four-days after the King went toward Scotland and was entertained with great demonstrations of Affection by that Nation and conferred several Places of Honour and Power upon divers of them confirming likewise the Treaty between the two Nations by Act of Parliament October 23 1641. A Horrid and Notorious Rebellion broke out in Ireland which was managed with such secrecy that it was not discovered till the night before it was to have been put in Execution which was in divers places carried on with such fury that Two hundred thousand English Men Women and Children were in a short space barbarously murdered by all manner of most cruel torments that their Devlish minds could invent And this was chiefly occasioned by the Instigation of the Irish Popish Priests Monks and Fryers who every where declaimed loudly against the Protestants saying That they were Hereticks and not to be suffered any longer to live amongst them That it was no more sin to kill one of them then to kill a dog and that it was a mortal and unpardonable sin to relieve or protect any of them Yea the Priests gave the Sacrament to divers of the Irish upon Condition they should spare neither Man Woman nor Child of the Protestants saying That it did them a great deal of good to wash their hands in their blood and that they were worse than Dogs and if any of them died in the Quarrel before their bodies were cold their souls should be in Heaven without ever calling in at Purgatory by the way This bloody Rebellion happened in a time wherein the Irish had all the Priviledges and Liberty they could reasonably expect and the ancient hatred which the Irish had born to the English did now seem to be forgotten Forty Years of Peace having compacted and cemented them together both by Alliances and Marriages which were all now miserably broken and destroyed The Castle of Dublin wherein were Ten thousand Arms and all other Forts and Magazines in the Kingdom were to have been surprized and all the English Protestants that would not joyn with them were to be murdered but the seizing of the Castle was happily prevented by one Owen Conally from some discourse accidentally in a Tavern with one Hugh Mac Mahon Grandson to the Great Earl of Tyrone the night before the intended Execution Upon this Discovery Mac Mahon and Lord Mac-Guire were seized by the Lord Chief Justices of Ireland and many Principal Conspirators escaped that night out of Dublin so was Dublin saved that all Ireland might not be lost in one day But the horrid Design was past prevention as to the General for the Conspirators were in Arms at the day appointed in all the Counties round about and poor English Protestants daily arrived there robbed and spoiled of all they had giving lamentable Relations how their Houses were seized the Towns and Villages fired and in all parts all manner of cruel Outrages and Villanies committed The Lords Justices Sir William Parsons and Sir John Burlace taking those Arms which they found in Dublin and Arming whom they could to defend themselves sent Sir Henry Spotswood to the King then in Scotland with an Account of all that happened who dispatched Sir James Stuart with Instructions to the Lords of the Privy Council in Ireland and to carry all the Money his present Stores would supply He likewise moved the Parliament of Scotland as being nearest for their assistance but they excused it because Ireland was a dependant upon the Crown of England but if the State of England would use any of their men for that service they would make Propositions in order to it At the same time likewise the King sent Post to the Parliament of England and a while after Owen O Conally the First Discoverer of the Plot came to London and brought Letters to the Earl of Leicester who was chosen Deputy but not yet gone over wherein the Lords Justices desired some Reward might be given him upon which the Parliament Voted him a Gift of 500 l. and an Annuity of 200 l. a year and at a Conference of both Houses they passed several Votes for the Relief of Ireland yet little was done till the Kings return from Scotland which was about the end of November The Irish to dishearten the English from any resistance bragged That the Queen was with their Army That the King would come amongst them also and asist them That they did but maintain his Cause against the Puritans That they had the Kings Commission for what they did shewing indeed a Patent themselves had drawn but thereto was affixed an Old Broad Seal which had been taken from an Ancient Patent out of Farnham Abby by one Plunket in the presence of many of their Lords and Priests as was afterwards attested by the Confession of several That the Scots were in the Confederacy with them And to seem to confirm this last they abstained for some time from destroying the Estates or murdering any of that Nation And on the otherside to incourage the Irish they produced pretended Letters wherein they said they were informed from England That the Parliament had passed an Act all the Irish should be compelied to the Protestant worship
needing no further Abridgment That he was willing to concur with them for removal of any Innovations in Religion by a National Synod That he had no Counsellors nor Ministers of State whom he would not at any time expose to Trial and leave to the Law but cannot agree that any others should have the choice of them but himself That he concurs with them for not altering the Forfeited Lands in Ireland but thinks it not reasonable to resolve before the Event of War be seen and doubts not of their Loyal Endeavours for the support of his Royal State In Answer to the Remonstrance the King Issues out a Declaration to his Subjects the Sum of which was That he thought he had given sufficient satisfaction to his Peoples Fears and Jealonsies concerning Religion Liberty and Civil Interests by the Bills which he had passed this Parliament desiring that misunderstandings might be removed on either side and that the bleeding Condition of Ireland might perswade them to Unity for the relief of that unhappy Kingdom Not long after happened the Insolent Tumults of the London Apprentices who in a riotous manner went to White-hall and Westminster to the great disturbance of the King who thereupon commanded the Lord Mayor and Common Council to keep a double Watch and Guard for preventing mischief and Dec. 28. the King sends a Message to the Lords That he would raise Ten thousand Voluntiers for Ireland if the Commons would undertake to pay them On New-years day a Proclamation was published against the Irish declaring Those that were in Arms with all their Adherents and Abettors to be Rebels and Traytors Two days after the King upon Information that the L. Kimbolton and Five of the House of Commons viz. Mr. Hollis Sir Authur Haslerig Mr. Pym Mr Hamden and Mr. Stroud had correspondence with the Scots and countenanced the late City Tumults He thereupon ordered their Trunks Studies and Chambers to be Sealed up and their Person Seized the former of which was done but having timely notice they went aside upon which the Commons Voted the same day That if any Persons shall Attempt to Seize the Persons or Papers of any Parliament Men such Members shall require the Aid of the Constable to secure such Persons till further Order of the House and that it is lawful for any person to Assist the said Members and that the said Members may stand upon their Guard and make resistance according to the Protestation for defence of the Priviledges of Parliament Hereupon the King charges the L. Kimbolton and the 5 Members with several Articles and Acquaints both Houses That he did intend to prosecute them for High Treason and required that their Persons might be secured And the next day the King Attended with his Guard of Pensioners and some Hundreds of Gentlemen went to the House of Commons and the Guard staying without the King with the Palsgrave entred the House at whose entrance the Speaker rises out of the Chair and the King sitting down therein Views the House round and perceives the Birds he aimed at were flown for having warning they had withdrawn into London whereupon he tells them That he came to look for those 5 Members whom he had accused of High Treason and was resolved to have them where ever he found them and expected to have them sent to him as soon as they should come to the House but would not have them think that this Act of his was any Violation of Parliament This Act of the Kings was so highly resented by the House that the next day January 5 the Commons Voted it a Breach of Priviledge and Scandals were raised in the City that he intended Violence against the House of Commons and came thither with force to Murther several Members and used threatning Speeches against the Parliament with which the City was so possessed That unusual Guards and Watches were set as if some desperate Assault were to be made upon the City and the Houses Adjourned till the Tuesday following appointing a Committee in the mean time to sit at Guild-hall to consider of the most Effectual Means for their Security And then they publish a Declaration That whosoever shall Arrest any Member of Parliament by Warrant from the King only is Guilty of the Breach of Priviledges of Parliament and likewise that all those who attended the King when he came to demand the 5 Members were Guilty of a Traiterous Design against the King and Parliament That the Proclamation for Apprehending and Imprisoning the said Members was False Scandalous and Illegal and not of Validity enough to hinder them from attending the House and that the publishing of the several Articles of High Treason was a Breach of Priviledge wherefore they intreat his Majesty to discover the Names of those Informers and Evil Councellors declaring all such Persons to be publick Enemies to the State In the mean time the Londoners came thronging to Westminster with Petitions inveighing bitterly against some of the Peers but especially the Bishops whom they affronted as they went to the House upon which they were so affrighted that Twelve Bishops absent themselves from the House of Lords drawing up a Protestation against all Laws Orders Votes Resolutions and Determinations as in themselves null and of none effect which had passed or should pass during their forced Absence desiring their Protestation might be entred by the Clerk of the House of Peers Presently after which at a Conference between both Houses it was agreed That this Protestation of the Twelve Bishops did extend to the deep intrenching upon the fundamental Priviledges and Being of Parliaments and in a short time they were accused of High Treason seized and brought on their knees at the Lords Bar Ten of them were committed to the Tower and the other two in regard of their Age to the Black Rod. The King at this time thinking himself unsafe without a Guard accepted of the offer of some Gentlemen of the Inns of Court to be a Guard to him which instead of security was by subtil men made more prejudicial to the King by taking this occasion to raise the rage and jealousie of the City against him for at midnight there were crys made â—n the Streets of London That all People should rise â—o their Defence for the King with his Papists were coming to fire the City and cut their Throats in their Beds than which though nothing were more false yet it found the effects of truth and the People by such Allarms being terrified from sleep the impressions of those night fears lay long upon their Spirits in the day and filled them almost with madness of which the King complained to the Common Council of London But the House of Commons to obviate this upon suspicion of some design upon their persons petition the King for a Guard to be commanded by the Earl of Essex of whose fidelity to the King and State no question was ever made This Petition was denied by the
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
granted to Five Bishops to Execute his Office After which the Bishop Published a Narrative of the Cause and Manner of his Suspension Five of those Gentlemen who were Imprisoned about the Loan had their Habeas Corpus granted and were brought to their Tryal before Sir Nicholas Hyde Lord Chief Justice where after arguing the Case between Council on both sides the L. Chief Justice concluded That since they were Committed by the Kings Authority the Court could not Free them so that they were remanded to Prison till the Order came out for a General Release The Irish Papists in hope of some Remission of the Penal Laws offered to Furnish the King at their own Charge with a standing Army of 5000 Foot and 500 Horse and a large Contribution for securing the Narrow Seas which was opposed in England by Sir John Savil and in Ireland by the Lord Primate of Armagh and divers others as tending to preserve the Papists Interests and sinking the Protestants upon which the L. Deputy moved the Primate to endeavour to prevail with the Protestants to supply the Kings Necessities which he attempted to do in a very learned Speech though not with the expected Success In 1627 being the Third Year of his Majesties Reign the Duke of Buckingham to clear his Reputation as to the Charge of Negligence in his Admiralship with much ado compleated his Naval Forces consisting of Six Thousand Horse and Foot in Ten Ships Royal and Ninety Merchant Men with which he set Sail from Portsmouth June 27 and published a Manifesto of the Kings Affection to the Reformed Churches in France and his displeasure against the last misimploying of his Ships against the Rochellers But by several Accidents this great Design miscarried with the Death of near Two Thousand common Souldiers Thirty Prisoners of Note and Fourty four Colours taken But notwithstanding this Expedition of the Isle of Rhe miscarried yet at Sea there was somewhat better Success a great French Ship was taken upon the Coasts of Holland Laden with great Guns Arms and Ammunition of all sorts to a very considerable value Sir John Pennington likewise took Thirty Four Rich French Merchantmen homeward bound which were all safely brought to England the poor remains of the Army which came from the Isle of Rhe most of them Irish and Scots and consequently rude and boisterous were quartered in the Countrey Villages which was very troublesome to the People At this time the Exchequer was very low and several late Enterprizes having miscarried the Rochellers being also now more distressed than ever the causes of these evils were gravely represented by Sir Robert Cotton to several Lords of the Councill whereupon it was resolved on by the Council that a Parliament should be called and Writs were presently Issued out A Commission likewise passed under the Great Seal for raising Moneys through the Kingdome in Nature of an Excise and the Lord Treasurer was ordered to pay Thirty Thousand Pound to Philip Burmelack a Dutch Merchant to be returned to Sir William Balfour and John Dalbier in the Low Countreys for raising a Thousand Horse which caused strange jealousies and suspicions among the People as if these German Horse were designed to inforce the payment of the Excise There was some discourse about Levying Ship money but it was declined at that time because of the Parliament approaching In the mean time a company of Jesuites were apprehended in an House at Clerkenwell which was designed for a Colledge of that Order where among other Papers a Letter was found discovering their secret Designs they had laid for imbroiling Church and State Upon the 17th of March 1627 the Parliament Assembled the Commons chusing Sin John Finch Speaker the King in a Speech tells the two Houses That the greatness of the danger was such as required a speedy Supply and that therefore they might rest assured it was the principal cause of their Meeting wherein he hoped they would shew themselves such true Patriots of the true Religion the Laws and Liberties of this State and the just defence of their Friends and Allies now in such hazard by Popish Enemies as not to deceive his Expectations which were very great though indeed somewhat nipt by Remembrance of the Distractions of the last Meeting The Lord Keeper likewise Inforc'd the Kings Speech and earnestly pressed them to consider of some speedy way for Supplying his Majesties Necessities Before the Parliament began any debate a Letter came to them Directed To the Members of the House of Commons called A Speech without Doors discovering the Grievances and Inconveniences of the State from one who had been a Member of the former Parliament The first thing taken into Consideration by the Commons was the Grievances of the Kingdom and the first thing Insisted on was the Case of those Gentlemen for refusing the Loan and who notwithstanding their Habeas Corpus were Remanded to Prison and after a long Debate between several Members who asserted the Illegality of the Loan and also their Imprisonment for refusing it the Lord Chief Justice Hyde and several other Judges were desired to declare themselves who justified their own proceedings alledging That if they had granted them Bail upon Habeas Corpus it would have reflected upon the King as if he had unjustly Imprisoned them But in conclusion it was resolved upon the Question in the House of Commons Nemine Contradicente 1. That no man ought to be restrained by the Command of the King or Privy Council without some Cause of the Commitment 2. That the Writ of Habeas Corpus ought to be granted upon Request to every Man that is restrained though by the Command of the King the Privy Council or any other 3. That if a Freeman be imprisoned by the Command of the King the Privy Council or any other and no Cause of such Commitment expressed and the same be returned upon an Habeas Corpus granted for the said Party then he ought to be delivered or Bailed Then the Parliament proceeded to draw up a Petition against Popish Recusants consisting of these particulars 1. That all Laws and Statutes against Jesuites and Popish Priests be put in power and Execution 2. That a strict course be taken for the Apprehending and Discovering of them 3. That all Popish Recusants be prohibited from coming to Court or within Ten Miles of London 4. That no place of Trust or Authority shall be committed to Popish Recusants with several other particulars to the same purpose which Petition was presented from the Lords and Commons to the King by the Lord Keeper who gave a full and satisfactory Answer to every Article after which Five Subsidies were granted to the King which gave so great satisfaction to his Majesty that he sent them Word He would deny them nothing of their Liberties which any of his Predecessors had granted A Petition was then presented against Quartering Souldiers in the Countries to which the King promised an Answer in convenient time
acquainted them with a Declaration which he had procured of the King That he did discharge the Service Book Book of Canons and high Commission and likewise did annul and rescind all Acts for establishing them and did discharge the urging the Practice of the Five Articles of Perth and that all Persons whomsoever shall be liable to the Censure of Parliament General Assembly or any other Judicatories according to the Nature of the Offence That the Ancient Confelsion of Faith and Band annexed shall be subscribed and received as in K. James time That a General Assembly be holden at Glafcow Nov. 21. 1638 and a Parliament at Edenbourgh May 15. 1639 All former Offences to be pardoned and a General Fast appointed This Declaration being published the Marquess and Council subscribed the Covenanters Confession of Faith c. yet still some matter remained for a Protestation which was read by one Johnson wherein the People were exhorted to consider with whom they had to deal and exceptions were made against Bishops and their Voting in the Assembly After this they Elect Commissioners for the Assembly whom they moved to cite the Archbishops and Bishops to appear there as Guilty Persons which being refused they themselves present a Bill of Complaint against them to the Presbytery at Edenbourgh who accordingly warned them to appear at the next General Assembly At their Meeting the Bishops sent in a Protestation against their Assembly which the Covenanters would not vouchsafe to read but presumed to forbid Six Lords of the Privy Council to fit in their Assembly though nominated by the King His Majesty having notice of their proceedings as to the Bishops and other matters ordered their Assembly to be dissolved which was done accordingly Nov. 21. 1638 and the Covenanters immediately according to their usual method Issued out a Protestation against it and likewise declared 6 former Meetings which were opposite to their ways to be void and of none Effect and soon after they abolished Episcopacy and then prepared for a War as being sensible that the King would maintain the Rights of the Bishops and would likewise strictly call them to Account for their late Transactions About this time a Letter was sent by the Scots to the King of France to implore his Assistance Signed by several of the Nobility The King of England prepares an Army for Scotland with which in the year 1639 he marcheth in Person into the North but while he stayed at York some of the Scots Nobility tampered with the Eaglish telling them that the ruin of the Scots would enable the King to be more severe toward his English Subjects by which Intelligence and Correspondence it was evident that the English had no mind to Fight though their Army was much stronger than the Scots whereupon by the Mediation of some Persons a Treaty of Peace was begun and soon finished wherein it was agreed That His Majesty should publish a Declaration whereby all should be confirmed which his Commissioners had promised in his Name That a General Assembly and a Parliament be held at Edenbourgh in a short time And lastly That upon disbanding their Forces dissolving their Councils and restoring the King to his Forts and Castles c. the King was to recall his Fleet and Forces and make restitution of their Goods since the Breach The Kings Declaration was no sooner published but the Covenanters set forth another Protestation for adhereing to there Assembly at Glasco and their Covenant whereupon the King who intended to be present at their General Assembly not finding the Scots punctual in performing Articles and perceiving they would treat of some matters distasteful to him goes into England after which the Assembly sate at Edenbourgh and abolished Episcopacy the Liturgy High Commission and Book of Canons and then made several demands of the King of a various nature His Majesty understanding how things went and that the Scots levyed Taxes and prepared Arms he commanded by his Commissioner the Earl of Traquair that their Parliament should be Adjourned for some time but the Covenanters declared against this Command and sent a Remonstrance to the King and afterward Hamilton and Traquair likewise came to London where there were such proceedings as did the more exasperate the jarring parties against each other In this year 1639 a Spanish Fleet of near Seventy Sail and Twenty five thousand Men designed to be landed at Dunkirk for the relief of Flanders were set upon by the Dutch in the Downs and Eleven of them taken and sent into Holland three perished upon the Coast of France one near Dover and five were sunk in the Fight What the real intent of this Fleet was is yet uncertain for it seemed unlikely that Twenty five thousand Men should be sent only for a Recruit and the Admirals refusing to shew his Commission when required thereto by the King makes it seem yet mon suspicious The Scots Commissioners having delivered their Message return home to Edenbourgh Nov. 19. 1639. the same night that a great part of the Castle Walls fell down and the Anniversary of the King Birth day A while after the King sent the Lord Estrich and others to tepair the Walls who were resisted by the Covenanters as not judging the Lord Estrich to be a fit Governour for the Castle which Office was designed him by the King The King being hereat extreamly offended resolved since fair means would not prevail to force the Scots to reason and to that end considers how to make provisions for Men and Money and calling a secret Cabinet Council consisting only of Archbishop Laud the Earl of Strafford and Duke Hamilton who drove on his own particular interest it was concluded That for the Kings supply a Parliament must be called in England and another in Ireland but because the Debates of Parliament would take up some time it was resolved that the Lords should subscribe to lend the King money The Earl of Strafford subscribed Twenty thousand pound the Duke of Richmond as much but Hamilton pretended poverty preserving his money for other uses the rest of the Lords Judges Officers and other Dependants and many of the Gentry yea even several Popish Recusants contributed according to their ability The Scots on the other side fore-seeing the storm prepared for their own Defence making Treaties in Denmark Sweden Holland and Poland and the Jesuits who are never idle did likewise endeavour to foment the differences to which end Con the Popes Nuncio Sir Toby Matthews Read and Maxwell two Scots endeavoured to perswade the discontented People That the King designed to iuslave them to his will and pleasure Which practices of theirs were discovered by Andreas Habernsfield a Nobleman of Bohemia who declared That many of the Nobility of England and chief Favourites at Court were consenting to these Transactions and particularly the Earl and Countess of Arundel Secretary Windebank and Endymion Porter Con also performed the part of a Firebrand as all his Successors
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
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
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