pleased to assent to their Acts of Parliament including the Articles of their Assembly their Religion Laws and Liberties ratified their grievances relieved for which we use to give the King Money The Scots Remonstrance professing that they would take nothing of the English but for Money or Security But we have defrayed them hitherto and are still provided to do longer That heretofore we established their Reformation and bore our own Charges and concerning mutual restitution of Ships and Goods which now our Commissioners have fairly accommodated already As for inferential and consequential Dammages such a Representment would not administer unacceptable matter of contestation We could truly allege that Northumberland New-castle and the Bishoprick will not recover their former Estate these twenty years that the Coal-mines of New-castle will not be set right for an hundred thousand pounds besides the price of Coals doth cost this City and other parts of this Kingdom above that value in loss And much more of this nature and dammage might be justly urged They say they do not make any former Demands but yet they make their Sum appear above four hundred and fourteen thousand pounds more than ever we gave the King A portentous apparition which shews it self in a very dry time the Kings Revenue totally exhausted the Kingdom generally impoverished and yet all this supply is to be drawn out of us onely without the least help from any his Majesties other Dominions an utter draining of this Nation unless England be Puteus inexhaustus yet I shall afford what is reasonable and honourable to a convenient considerable Sum of Money that they may go off with a handsome friendly Loss if they shall reject it we shall improve our Cause It was never thought any great wisdom overmuch to trust to a succesfull Sword A man that walks upon rising ground the further he goes the more spacious his prospect success enlarges mens desires extends their ambition breeds thoughts never dreamt on before But the Scots being truly touched with Religion according to their professions that onely is able to keep their words for Religion is stronger and wiser than Reason it self But we hope of a good conclusion of the effects of all these hitherto Inconveniences to the advance of Religion King and Kingdoms But for the present to satisfie the clamour of the Scots Master Speaker was ordered to write to the City of London to advance sixty thousand pounds upon security and Assignment out of the next Subsidies to be levied and to pay in the Money to the Chamber of London which was so humbly obeyed This being but one Loan for I finde several Acquittances for the like Sum of sixty thousand pounds mentioning therein For Supply of the Kings Army and providing for the Northern Counties And so belike were issued for Supply of both Armies The Dutch Ambassadour Lieger having made Overtures of a Marriage between William young Prince of Orange and the Kings eldest Daughter the Princess Mary which he very willingly inclined to accept yet though fit as his condition stood with the Parliament to acquaint them therewith And tells the House of Lords My Lords That freedom and confidence which I expressed at the beginning of this Parliament to have of your love and fidelity towards my Person and Estate hath made me at this time come hither to acquaint you with that Alliance and Confederacy which I intend to make with the Prince of Orange and the States which before this time I did not think expedient to do because that part which I do desire your advice and assistance upon was not ready to be treated on I will not trouble you with a long digression by shewing the steps of this Treaty but leave you to be satisfied in that by those who under me do manage that Affair Onely I shall shew you the Reasons which have induced me to it and in which I expect your assistance and counsel The Considerations that have induced me to it are these First the matter of Religion here needs no Dispensation no fear that my Daughters conscience may be any way perverted Secondly I do esteem that a strict Alliance and Confederacy with the States will be as usefull to this Kingdom as that with any of my Neighbours especially considering their Affinity Neighbourhood and way of their strength And lastly which I must never forget in these occasions the use I may make of this Alliance towards the establishing of my Sister and Nephews Now to shew you in what I desire your assistance you must know that the Articles of Marriage are in a manner concluded but not to be totally ratified untill that of Alliance be ended and agreed which before I demanded your assistance I did not think fit to enter upon And that I may not leave you too much at large how to begin that Council I present you here the Propositions which are offered by me to the States Ambassadours for that intent And so my Lords I shall onely desire you to make as much expedition in your Councils as so great a Business shall require and shall leave your Lordships to your own free debate This Proposition of Alliance both with the Prince and with the United Provinces was extremely and unanimously affected by all the People and was universally embraced without Fears or Jealousies upon our Liberties or Religion and soon concluded but what resulted think you from another party Papists Plots perpetually allarming for The very next Day four Members of the Commons House bore up the Message to the Lords of a monstrous Design of the Papists an Army of fifteen thousand in Lancashire and eight thousand in Ireland and I know not how many thousands in many places well armed and in pay raised by the Earl of Strafford the Earl of Worcester and others After-ages will think these Hyperboles for though there was no such Armies possibly by them nor no such Fears by others yet this Message was sent and carried from the Lower to the Higher House and gave the occasion to the multitude of People to frame Petitions sutable to Plots and Fears and Jealousies for the Parliaments purpose The thirteenth of February one of the Ship-money Judges so nick-named Sir Robert Berkley was by a motion of the Commons accused of High-treason and by Maxwell the Black Rod taken the next day from his Seat in the Kings Bench and kept Prisoner The Bill for the Triennial Parliament having passed both Houses was confirmed with the Kings royal assent February 16. and to let them see how sensible himself was of this his great grace he thought fit to put them in minde of their gratitude of fear of their failing My Lords And you the Knights Citizens and Burgesses of the House of Commons you may remember when both Houses were with me at the Banquetting-house at White-hall I did declare unto you two Rocks I wished you to shun this is one of them and of that consequence that
do not through me wound the interest of the Common-wealth And howsoever these Gentlemen say they speak for the Common-wealth yet in this particular I indeed speak for it and shew the inconveniencies and mischiefs which will fall upon it For as it is said in the Statute 1. of Henry 4. No man will know what to doe or say for fear of such penalties Doe not put my Lords such difficulties upon Ministers of State that men of wisedome of Honour of Fortune may not with cheerfulness and safety be imployed for the publique if you weigh and measure them by graines and scruples the publique affaires of the Kingdome will lie waste no man will meddle with them who has any thing to lose My Lords I have troubled you longer than I should have done were it not for the interest of these dear pledges a Saint in heaven hath left me At this he stopt a while offering up some tears to her ashes what I forfeit my self is nothing but that my indiscretion should extend to my posterity it woundeth me to the very soul. You will pardon my infirmity something I should have added but am not able therefore let it pass And now my Lords for my self I have been by the blessing of almighty God taught that the afflictions of this present life are not to be compared to the eternal weight of Glory which shall be revealed hereafter And so my Lords even so with all tranquillity of mind I freely submit my self to your judgment and whether that judgment be of life or death Te Deum laudamus When he had done two of the Members Mr. Glyn and Mr. Pym endeavouring to render him as odious as it is usually observed from Declamatours satisfying the Ear of the Auditours but not their judicial Censure for the point came to be this the Commons are to justifie their Charge by Law upon the matters of Fact as yet not appearing under the Letter of any Statute of Treason As for that of the 25 of Edward 3. it came short but yet it is supplied with this Proviso annexed that because all particular Treasons could not be then defined therefore what the Parliament should declare to be Treason â—n time to come should be punished as Treason within which compass they intend to bring him and that by Bill of Attainder The Earl put upon a point of Law desires Council which by no means the Commons would assent unto and notwithstanding all the reason in the world it was canvased three Days and at last concluded that his Council should plead such matters as they should be restrained unto Saturday the seventeenth of April the Earl appears with his Council Master Lane the Prince's Attourney Master Gardner Recorder of London Master Loe and Master Lightfoot Lane argued that the said Statute of 25 Edward 3. was a Declarative Law and so not to be interpreted as of consequence equity or construction but by the express Letter onely that it was a penal Law and so not to admit of any Constructions or Inferences for the true nature of penalties enforce the keeping of known Laws not of conjectural and dubious And for the Salvo he affirmed that in the sixth of Henry 4. the Nobility petitioned the Parliament to limit all Treasons by Statute in which Parliament Chapter 10. an Act passed thereupon that the Salvo should be holden repealed in all times to come nothing to be esteemed Treason but what was literally contained in the Statute of 25. Edward the third nor could the rest of the Council speak more then what had been said by Mr. Lane being so sufficient for matters of Law unless their Lordships would state any other questions to which they were ready to answer upon which the Court adjourned without prefixing any time of meeting The Commons meant it not to meet any more the Earl had satisfied all curious observations of his defence and the Commons knew it well enough but they resolved to attaint him by Bill which was debated by the Commons the nineteenth day and the Earl voted by them guilty of high Treason meerly upon the evidence of Secretary Vane and his notes but upon reading the Bill engrossed in their house the one and twentieth day It was hardly canvassed by the Poll the dissenters being fifty nine and my Lord Digby the most eminent that urged for him and yet it passed That afternoone with all expedition it was brought to the Lords and the four and twentieth day they were put in minde to fix a day for reading of it to which they returned answer that on Munday and Tuesday after they would not fail being not over harty to do it then for it was debated by the Lords to be a business of very high concernments and so perplext as necessarily required a conference with the Common who put it upon Mr. St. Iohn the Kings Solicitor to satisfie them and to justifie the Bill by Law upon Thursday the nine and twentieth and to offer reasons enforcing them to this way of proceeding against the Earl who was ordered to be there present And the Commons to shadow the violence of this proceeding with the Earl they bethought themselves of some publique affair and so petition the King 1. For removing of all Papists from Court. 2. For disarming of them generally throughout the Kingdome 3. For disbanding the Irish Army To which they had Answer the eight and twentieth 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. He is content it shall be done by Law 3. And for the last he had entered into consultation about it finding many difficulties therein and he 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 I am now come to the point to consider of the Differences between two Writers our Historian and his Observatour concerning the Death of the Earl of Strafford and reflecting upon the late Arch-bishop of Armagh Primate of all Ireland whilest he was living and so pursued since his Death I being intrusted by him when time and occasion should happen to offer in publick what I had in charge under his own hand-writing and others also not to quarrel it any further but to rectifie mis-understandings if it may be done without malice on any side and so I shall handle it as a Moderatour We begin from the Bill of Attainder which was read in presence of the Earl at the Bar. Whereas the Knights Citizens and Burgesses of the House of Commons in this present Parliament assembled have in the name of themselves and of all the Commons of England impeached Thomas Earl of Strafford of High-treason for endeavouring to subvert the ancient and fundamental Laws and Government of his Majesties Realms
and so an abrogation of those of Ireland Now there was not a reception of the one instead of the other but the one with the other there being no difference in substance but onely in method number of subjects determined and other circumstantials argue no more an abrogation then that doth of the Apostles Creed by our reception of the Nicene Creed and Athanasius's wherein some points are more enlarged Or that the reception into our use the form of the Lords prayer according to S. Matthew abrogates that of S. Luke being the shorter Neither do I see but if for the manifestation of the union of the whole Reformed Churches We then should approve and receive the Articles of Religion agreed in other Reformed Churches and they receive ours it were no abrogating of either And the difference in them being onely in Circumstantials and not in substance all might be called one confession That as of many Seas one Ocean of many National Churches one Catholique Church so of many formes of Confessions but one faith amongst them That Argument from the Apostles speech of making void the old Covenant by speaking of a new or taking in the first day of the week to be the Sabbath instead of the last when but one in seven was to be kept doth not fit the Case for in these there was a superinduction and reception of the one for the other but in the Canon the Articles of England are received not instead but with those of Ireland And the practise of divers Bishops confirms it who many years after that upon an Ordination examined the persons as formerly according to the Articles of Ireland and took their subscription of them And in this I shall give you the sence of a most eminent learned and judicious person upon the view of what the Observator rescued had written of it I have received saies he the Book you sent me and have perused it I see he will have the allowance of our Articles of England by the Synod in Ireland to be a virtual disanulling of the Irish Confession which I conceive saith nomore but that both Confessions were consistent And the Act of that Synod not a revocation of the Irish Articles but an approbation of ours as agreeing with them He hath his flings at the Sermon preached at the Lord Primates Funeral but in truth he wrongs himself and our Church in those detractions from him Now this being so that the Articles of Ireland were not abrogated nor by the Primate so apprehended where was the ground of any displeasure disaffection or former grudge pretended very uncharitably by the Observator to be the cause of the Lord Primates carrying a sharp tooth against the Earl of Strafford It could not be for the first Canons passing which was all that was done in it for himself proposed and commended it and such as were intimate with him never heard him express any displeasure to the Earl upon that account And what Arguments soever may now be picked out of the draught of the Canon to imply an abrogation virtually or legally which is the last refuge the Observator flies unto are of no force to prove his displeasure then who did not so apprehend it and if he had then taken any such offence they are strangers to that holy man that can believe he could smother a grudge so many years but for such as have so aspersed him I shall pray that the thoughts of their hearts may be forgiven them So much for the clearing of that mistake concerning the Articles of Ireland which being made the Foundation of that other Building we are next to enter upon must accordingly fall with it also viz. The second Scandal in putting forward of the Earl of Strafford 's death But first to the whole matter which I shall lay down as plainly and briefly as the business will bear it The House of Commons having voted the Bill of Attainder against the Earl of Strafford which with some difficulty passed at last the House of Lords also and so tendered to the King for his royal assent He refused it for the present as not being satisfied upon his Hearing the Charge and Defence with the Evidence on both sides of which himself was witness That no sufficient proof was made nor any Law then in force whereby the Earl could be guilty of high Treason It was therefore necessary that Judges for the Law and Divines for his Conscience should satisfie him therein and they were with him to that end sent for by him and not sent to him The Houses of Parliament already really assured that their Proceedings and Votes for the Earl's condemnation ought to be sufficient satisfaction for the King without scruple of his own conscience to sign to their judgment the King being a party in Life and Death of a Delinquent ought to confide in the Verdict of the Iury. Nor was the King present as to satisfie his own conscience but his curiosity and it had been a strange President in the Parliament to consent unto much less to send any persons to the King to clear his conscience contrary to the Parliaments sentence especially such persons not having Vote in the House as the Judges have not Nor are the Bishops so much as assistant in cause of bloud or death by the fourth Canon of the Council of Toledo And it is confessed by both Authours that the Judges and Divines also were not willing to give their Opinions point blank against the Vote in Parliament And certainly if they had they might well have expected to be further questioned for it But in truth the Judges told the King that in point of Law the Oath made by Sir Henry Vane of the Earls advice to raise Horse to aw this Nation the Earl was guilty of Treason which though but singularis testis and which circumstances have been taken for sufficient testimony in Treason and more the King could not draw from the Judges as to any other particular but they flew to their general Opinion that super totam materiam he was guilty The King then starts his last Doubt that in his conscience he could not pass the Bill although the Earl were guilty having promised him under his hand that his Prerogative should save him never to pass that Bill nor to consent to the acting of any thing to take away his life And this was now that point of conscience Breach of Promise mostly insisted upon wherein the Divines were to satisfie And we have heard what hath been said of them And now let us see what the Arch-bishop of Armagh is pleased to say and that under his own hand-writing The Arch-bishop of Armagh's Testimony in Answer to the Historian pag. 257. l. 29. That Sunday morning writes he wherein the King consulted with the four Bishops London Durham Lincoln and Carlile the Arch-bishop of Armagh was not present being then Preaching as he then accustomed every Lords day to do in the Church of
have sought to gain a like consent from me to Acts wherein my conscience is unsatisfied than the sharp touches I have had for what passed me in my Lord of Strafford's business Not that I resolved to have imploied him in my affairs against the advice of my Parliament but I would not have had any hand in his death of whose guiltlesness I was better assured than any man living could be Nor were the crimes objected against him so clear as after a long and fair hearing to give convincing satisfaction to the major part of both Houses especially that of the Lords of whom scarce a third part were present when the Bill passed that House And for the House of Commons many Gentlemen disposed enough to diminish my Lord of Strafford's greatness and power yet unsatisfied of his guilt in Law durst not condem him to die who for their integritie in their Votes were by posting their Names exposed to the popular calumnie hatred and furie which grew then so exorbitant in their clamours for justice that is to have both my self and the two Houses Vote and to do as they would have us that many 't is thought were rather terrified to concur with the condemning partie than satisfied that of right they ought so to do And that after-Act vacating the authoritie of the precedent for future imitation tells the world that some remorse touched even his most implacable enemies as knowing he had very hard measure and such as they would be very loth should be repeated to themseves This tenderness and regret I finde in my soul for having had any hand and that very unwillingly God knows in shedding one mans bloud unjustly though under the colour and formalitie of justice and pretences of avoiding publick mischiefs which may I hope be some evidence before God and man to all posteritie that I am far from bearing justly that vast load and guilt of all that bloud which hath been shed in this unhappie War which some men will needs charge on me to ease their own souls who am and ever shall be more afraid to take away any mans life unjustly than to lose mine own And now I take my leave of our two Writers the Historian and his Observatour They stop here and we part Friends But I am to go on towards my journeys end a great way farther The sad execution of this brave man put the great Officers of State in some doubt what to do with themselves as fearing that upon the like score they might be subject to destruction And because envy and insecurity wait nearest upon persons of eminency in office or because they considered that the ambition of the adverse party might be some way satisfied divers of the Kings nearest Officers resigned up their Places the seventeenth of May viz. The Lord Cottington Master of the Wards to the profitable desires of the Lord Say Dr. Iuxon Bishop of London resigning his Office of Treasurer of England into the hands of five Commissioners more sufficient than he could be The Earl of Leicester was made Lieutenant of Ireland perhaps to ballance with the late Lord's merit Marquess Hertford sworn Governour of the Prince in the room of the Earl of New-castle who hereafter the Parliament pretend to be a Papist The Earl of Essex made Lord Chamberlain of the Kings Houshold and Pembroke put out The Officers of the English Army set a Design on foot by which it was pretended that they meant to force the Parliament but being discovered and soon made publick the manner and matter collected out of the Examinations in May and Iune were thus The Field-officers and Commanders being at London and Members of either Houses the Army was left to the oversight of Sir Iacob Astley the Ground of the Design was pretended from the Dislikes between the King and Parliament with the hasty Supply of the Scotish Army and the neglect of the English which begat Discontent in them and private Meetings and Consultations there and so brought up to Court But their Design not fixed fell into several Intentions which never came to head being crushed in the Embryo by sudden discovery In the general it was voted the nineteenth of Iune that the Scots should receive one hundred thousand pounds of their three hundred thousand pounds at Mid-summer next 1642. and the remainder at Mid-summer 1644. But the Scots by writing pretend necessity for the present and demanded twenty five thousand pounds there being in readiness but fifteen thousand pounds for the Parliament had designed fifty thousand pounds for the necessity of the English Army from whose Money the House of Commons soon consented to deduct ten thousand pounds for the Scots The Lord Piercy Commissary General Wilmot and Colonel Ashenburnham sitting together and murmuring at it Wilmot stept up and told Master Speaker That if such Papers of the Scots could procure Moneys he doubted not but the Officers of the English would soon do the like But it prevailed not to prevent the Scot and provoked the English Army to say that the Parliament had disobliged them These at London put themselves into a Iunto of sworn secrecy resolving to engage in some particular for themselves and the publick service of the King drawing up uncertain extravagant Heads by way of Petition to the King and Parliament For Money for the Army Not to disband before the Scots To preserve Bishops Votes and Functions To settle the Kings Revenue The Army tainted from hence meet at Burrowbrig draw up a Letter by way of Petition which Paper of Instructions was shewn to the King who seemed to approve of it say the Parliament by singing it C. R. which served onely as a direction to Captain Leg that none should see it but Sir Iacob Astley who in absence of the chief Commanders ordered the Army The main of the matter there was that all good men ought to thank God for directing the Kings heart to the desires of his Parliament by delivering up into their hands the chiefest of Counsellours and Servants and many other things to gratifie them which never was done by any his Ancestours By Petition of Right Triennial Parliament and such like yet that some turbulent spirits backt by rude and tumultuous Mechanicks seem not to be satisfied without the total subversion of the Government of State c. That therefore the Army so orderly governed though without Martial Law No payment and few Officers might be called up to attend the safety of the Kings person and Parliaments security or that both Armies should be disbanded for the ease of the Kingdom with a desire to procure the Officers hands hereto c. The Actours there were Sir Iames Ashley Sir Iohn Conniers Sir Foulk Hunks Colonel Vavisor Chudleigh William Leg and Oneal and others all examined to this purpose but none suffered for the same Amongst those others here above and some Courtiers was Master Henry Iermin who to avoid the bad effects of his Medling conveyed himself
and the other for putting down Star-chamber Court But the King shewed some reluctancie in these willing to pass onely that Bill of Poll-mony and to deliberate about the other two At which the House of Commons voted either all three or none at all Notwithstanding the second of Iuly he passed the Poll-mony and demurred upon the other Two But being informed of the displeasure of the Parliament He came again to the Lords House upon the Tuesday after being the fifth of Iuly and passed the other two also and forsooth because He did it not freely at the first motion the Parliament made that their exception to save their good natures from too much paines to give him thanks for such other and these unparallel graces and favours The King therefore in passing of these told them as much That he could not but be sensible of these reports of discontent which he had heard was taken by some for his not passing them before and thought it very strange that Two things of so great Importance should be expected from him without allowanâ—e of time to consider of them That he wondered they could harbour any Discontent if they remembred how much he had done for this Parliament as his granting that the Iudges hereafter should hold their Places Quam diu se bene gesserint bounding the Forest-laws taking away Ship-money establishing the Subjects propriety in Tunnage and Poundage granting the Triennial Parliament free justice against Delinquents with other things concluding graciously that he would omit nothing which might give them just content Mary de Medices the Queen Mother Dowager of France having been here a chargeable Guest till the entrance into our much misery a Fate that followed her where ere she came as if this unfortunate Princess had always carried ill luck in her company took her leave with the good liking of Prince and People to be rid of her who was conveyed over to Holland by the Earl of Arundel he finding his native Countrey too hot for him to hold out being a Roman Catholick gets himself designed to wait upon her and to remain beyond Seas during his own pleasure which lasted to his death at Colen in Germany and the Queen passing by Zealand thither where she had time to consider that he the Cardinal Richelieu whom she had raised so high slighted her mis-fortunes whilest he stood fast in favour of her Son and in the intire administration of the affairs of France she I say this great Queen Mother to the King over-whelmed with miseries and old age and in a condition of melancholy fell sick and died at Colen also sometime after that Earl of Arundel And though we were entered into great Distempers in our civil estate yet the King was mindfull of the restauration of his Nephew the Prince Electour Palatine who was to meet at the Diet at Ratisbone with the Emperour and Sir Thomas Roe was designed Ambassadour from hence to assist him there and but suspecting what might happen neglect and refusal the King acquaints the Parliament herewith and that he intended to publish a Manifesto in his own name with their consent to give repute thereto which was so done and intrusted to the Ambassadour but without any real success The Parliament now in good security and power having done their work thus far and by the effects of this continual Parliament could do what they pleased began now to think themselves concerned in honour and conscience to be rid of the two devouring Armies in this Kingdom the Scots having in a manner performed their part for which they were called hither both Armies should be disbanded together which was not convenient for the Parliaments interest to have been done before now for the Cessation of Arms which was made heretofore to expire in the end of December last was at that time renewed by the Parliament for a Moneth longer and in that time resolved that the Scots should be satisfied for their Charges and Losses sustained since their Insurrection In February following it was not onely agreed that their pitifull Ships taken since that War should be restored and four thousand pounds in ready Money given to them to rig those Ships but it was also resolved by Parliament to give them three hundred thousand pounds towards a supply of the Losses and Necessities of our dear Brethren of Scotland and shortly to consider of the manner of raising and Days of payment whereupon the Scots Covenanters three Days after return thanks to the Parliament for that huge Sum of Money but most of all they say for the honour and style of Brethren which they had given them dear and costly Companions And in Iune after it was concluded that the Scots should receive one hundred thousand pounds of it at Mid-summer come twelve-moneth and the other two hundred thousand pounds at Midsummer two years after Nay that Army was still caressed to stay longer untill there was an Arrear due to them of one hundred and twenty thousand pounds besides the said Gift of three hundred thousand pounds so great a Charge was the Nation put unto rather than the Scots must be gone till the Parliament had their own business and power settled unto them Nor was it disbanded till August 6. as the English was both together but the Scots had the most Money And the King very gracious to confirm his Favours to the Scots resolves speedily to caressthat Nation with his personal presence once again and to return with all speed which he did at four Moneths end It was in December last the 28. that Doctour Wren Bishop of Ely and Dean of the King's Chapel had been accused of Misdemeanours in his Diocess amounting to Treason And now the fifth of Iuly the Committee made their Report to the House of Commons of the Charge against him He had been Bishop of Norwich a Diocess indeed full fraught with Sects and Schisms brought over by the Mariners and other the Natives of Holland and mingled here among the English in trading and weaving of Stuffs and the Bishop kept them down from innovating their Opinions and Heresies but he was proceeded against and soon voted unworthy and unfit to hold or exercise any Office or Dignity in Church or Common-wealth and a Message sent to the Lords to joyn in a Petition to the King to remove him from his service Nor more nor less have we ever heard of him or his crimes But being committed to the Tower there he hath lain ever since without any further question thus civilly executed The five Judges who had formerly given the Opinion for Ship-money Judg Bramston Baron Trever Baron Weston Baron Davenport and Judg Crawley were now brought under particular and respective Charges but against another Judg Berkley for high Treason The House of Commons intent upon Reformation of any thing any kinde of way and to please the Presbyter with little debate made an Order for taking away all scandalous Pictures Crosses
of a known Fortune and unquestionable Reputation wonders that he should be pressed to remove him without any particular Charge objected against him and therefore untill some just Exception be he is obliged to preserve his own work lest his favour and good opinion become a mis-fortune to his Servants As for his Forts and Castles of this Kingdom they shall alwaies remain in such hands as the Parliament may conâ—ide in which being the inseperable Flowers of the Crown vested in him derivative from his Ancestours by the Fuâ—damental Laws of the Kingdom he will reserve to himself and to bestow them as their Eminencie shall not be disproved by his Parliament For the Militia which by Law is subject to no command but his own when any particular course shall be digested by them for ordering the same inreference to his honour and safetie of the Kingdom He will then return to them a satisfactorie Answer therein And that he having granted to them more than ever any King hath done they will not ask more than ever any Subjects have desired And therefore conjures them by all the Acts of Dutie and Favour which they have received by their hopes of future happiness by their love of Religion and peace of the Kingdom in which that of Ireland cannot be forgotten That they will not be transported by unâ—â—cessarie Iealousies and Fears but that they will speedily pursue the proposed way by his former Messages to compose the Distractions of this Kingdom Nor was this satisfactory but that again they petition for the same and for his Majesties speedy and gracious Answer To which the King not over-hasty to resolve or rather not to alter from his former Resolutions therein The old way of Petitions are set on work from all Counties From the County of Suffâ—lk to the number of 1500. against the Votes of Popish Lords and Bishops in the House of Peers Ian. 31. and were answered approving their care and endeavour for the publick good with promise that the House of Commons will use their endeavour for their Desires Another Petition of 2000. Mechanicks Tradesmen about London to the same effect And were answered that the House of Commons were just now in consideration thereof The People were taught to reply that they doubted not the care of the Commons House but they were told that all their Distrust was in the House of Lords where the Popish Lords and Bâ—shops had the greatest power and there it stuck whose Names they desired to know and were so earnest that unwillingly they would withdraw whilest it was debated And afterwards had this Answer That the House of Commons had already endeavoured Relief from the Lords in their Requests and shall so continue till Redress be obtained And at the tail of these the City Dames accompanied a Petition to the like effects and were heartily treated for their care of the common good The second of February the House of Commons sent for Sir Edward Dearing one of their Members and examined him concerning his Book of all his Speeches this Parliament and some intended to be spoken in which some Particulars thereâ—n tended to the dishonour of that House and their Privileges for which he was excluded the House and his Book to be burnt at Westminster Cheapside and Smithfield and he committed to the Tower during pleasure The Committee met at Merchant-tailors Hall upon the Bill for raising four hundred thousand pounds for Ireland which was afterwaâ—ds effected but very little thereof sent to their succour A Message was sent from the Lords to the Commons that they had passed the Bill for disabling all persons in holy Orders to have any Place or Vote in Parliament or to exercise any temporal Jurisdiction which receiving some Amendments voted in the House of Commons the Bills were carried up by Sir Robert Harley to the Lords with high expressions of the Commons joy for the even Agreement and their Desire to the Lords to hasten the Bill for the King to pass But not to let him take breath for his second Answer hereto and being sensible that their five Members are lodged under the obloquy of Delinquency and under the Charge of high Treason both Houses once again petition that they may be informed within two Days what proof there is against them that they may be called to a legal Trial it being their undoubted Right that no Member of Parliament can be proceeded against without the consent of Parliament Febr. 2. And to these two Petitions presented both in a Day they receive this Answer That to the first of them when he shall know the extent of power which is extended to be established in those persons to be Commanders of the Forts and Militia and to what time limited no power shall be limited no power shall be executed by his Majestie alone without advice of Parliament so that they declare them such by Names whom he shall have just cause to refuse And to the other Petition That as he once conceived he had ground enough to accuse them so now he findes as good cause wholly to desert any prosecution of them And lest some of his Subjects may be involved in some unknowing and unwilling Errours he is ready to grant such a free and general pardon as his Parliament shall think convenient And now the Parliament considers the Kings Resolution in both those Petitions not to intrust the power of the Militia out of himself nor otherwise to clear Kimbolton and the five Members but inclusive by a general Pardon which they utterly refuse These two Demands of the Parliament necessarily depending each of the other the breach of Privileges giving them just cause of Fears and Jealousies to what excess the Kings will to do and power to execute might increase In these two therefore they as violently resolve to binde his hands and never left him till he was forced to take his leave of them which so daily follows But to prepare his affairs to his own intentions he resolves to send the Queen out of the Danger who was lately scared with a Report that the Parliament had an intent to accuse her of high Treason and that Articles were drawn up to that purpose which the Parliament excuse as a publick Scandal upon them To which she mildly makes answer That there was a general Report thereof but she never saw any Articles in writing and having no certain Authour for either she gave little credit thereto nor will she believe that they would lay any Aspersion upon her who hath ever been very unapt to mis-conster the Actions of any one person and much more the proceedings of Parliament and shall at all times wish an happy understanding between the King and his People In truth there had not been onely a Rumour abroad but a dangerous conceit that the Queen had so much power with the King as to mis-advise him and had she not resolved to be gone aside they did intend to drive her away
his late Majesty and his Majesty that now is warranting the payment of great sums of money by him as if such summes were directed for secret service of the State when as they were disposed of to his own use and hath gotten into his hands great sums which were intended by the late King for the furnishing and victualling of the Navy-Royall to the exceeding diminution of the revenues of the Crown to the deceiving and abusing of his late and now Majesty and detriment of the whole Kingdom That he doth humbly and with all thankfulness acknowledge his late Majesties bountifull hand to him and shall be ready to render back into the hands of his now Majesty whatsoever he hath received together with his life to do him service But for the value suggested in the charge he saith there is a great mistake in the calculation as he shall make evident in a Schedule annexed to which he referreth himself Nor did he obtain the same by any undue solicitation or practice nor yet a Release for any sums so received But having severall times and upon severall occasions disposed divers sums of his late and now Majesty by their private directions he hath Releases thereof for his discharge which was honourable in them to grant and not unfit for him to desire and accept for his future indemnity XIII Reply 13. Lastly That he being a sworn servant of the late King did cause and provide certain Plaisters and Potions for his late Majesty in his last sicknesse without the privity of his Majesties Physicians and that although those Plaisters and Potions formerly applied produced such ill effects as many of his sworn Physicians did dis-allow as prejudiciall to his Majesties health yet neverthelesse did the Duke apply them again to his Majesty Whereupon great distempers and dangerous symptomes appeared inhim which the Physicians imputed to those administrations of the Duke whereof his late Majesty also complained which was an offence and misdemeanour of so high a nature as may be called an act of transcendent presumption And the said Commons by Protestation saving to themselves the liberties of exhibiting hereafter any other accusation or impeachment against the Duke and also of replying unto what the Duke shall answer unto the said Article do pray that the said Duke may be put to answer all and every the premises and that such Proceedings Examinations Tryals and Judgements may be upon every of them had as is agreeable to Law and Justice That his late Majesty being sick of an Ague a disease out of which the Duke recovered not long before asked the Duke what he found most advantagious to his health the Duke replied a Plaister and Posset-drink administred to him by the Earl of Warwick's Physician whereupon the King much desired the Plaister and Posset-drink to be sent for And the Duke delaying it he commanded a servant of the Dukes to go for it against the Dearnest request he humbly craving his Majesty not to make use of it without the advice of his own Physicians and experiment upon others which the King said he would do and in confidence thereof the Duke left him and went to London And in the mean time he being absent the said Plaister and Posset drink were brought and at the Dukes return his Majesty commanded the Duke to give him the Posset-drink which he did the Physicians then present not seeming to mislike it Afterward the Kings health declining and the Duke hearing a rumour as if his Physick had done his Majesty hurt and that he had administred Physick without advice the Duke acquainted the King therewith who in much discontent replied They are worse then Devils that say so This being the plain clear and evident truth of all those things which are contained in that Charge He humbly referreth it to the judgements of your Lordships how full of danger and prejudice it is to give too ready an ear and too easie a beleef unto a Report or Testimony without Oath which are not of weight enough to condemn any Also he humbly acknowledgeth how easie it was for him in his young years and unexperienced to fall into thousands of errours in those ten years wherein he had the honour to serve so great and so open-hearted a Soveraign Master But the fear of Almighty God his sincerity in the true Religion established in the Church of England though accompaninied with many weaknesses and imperfections which he is not ashamed humbly and heartily to confesse his awfulnesse not willing to offend so good and gracious a Master and his love and duty to his Countrey have restrained and preserved him he hopeth from running into any hainous misdemeanours and crimes But whatsoever upon examination and mature deliberation they shall appear to be least in any thing unwittingly within the compasse of so many years he shall have offended He humbly prayeth your Lordships not onely in those but to all the said misdemeanours misprisions offences and crimes wherewith he standeth charged before your Lordships to allow unto him the benefit of the free and general Pardon granted by his late Majesty in Parliament in the one and twentieth year of his Reign out of which he is not excepted And also of the gracious Pardon of his now Majesty to the said Duke and vouchsafed in like manner to all his Subjects at the time of his most happy Inauguration and Coronation which said Pardon under the Great Seal of England and granted to the said Duke beareth date the tenth day of February now last past and so here shewed forth unto your Lordships on which he doth humbly relie And yet he hopeth that your Lordships in your Justice and Honour upon which confidence he putteth himself will acquite him of and from those misdemeanours offences misprisions and crimes wherewith he hath been charged And he hopeth and will daily pray that for the future he shall by Gods grace so watch all his actions both publick and private that he shall not give any just offence to any However that that an Authour hath descanted on this defence It doth really appear prudential modest and humble and no doubt a Reply might be intended In the interim the Kings affaires requiring a quicker supply for the publique than these lingring proceedings could admit he demands the speedy producing their Bill of Subsidy to be passed to which they were forced suddenly to conform not unlikely to prevent their present dissolution which otherwise they suspected And resolving to make work they were hammering a tedious Declaration of Grievances which was allowed by the House before the Bill of Subsidy Whereupon with huge indignation the King the very next day Iune 15. dissolves them with this positive answer to some Lords that were sent to intercede for longer sitting not a minute And the same day Bristow was committed to the Tower and Arundell confined to his House with a Proclamation for burning all Copies of the Commons Declaration which was
scorn and the most hated man of all the Hierarchy where his turn came to be last devoured after he had eaten up some of his brethren The Earl of Strafford though in durance yet found friends abroad very active to serve him and accordingly it was the nineteenth day moved First That he might be bailed by divers Lords who offered caution But it was answered by the Lord Paget that it was against the Laws of the Land and the priviledge of the House and so passed the Major votes not to be admitted But was assigned Council and a solicitor in reguard of his restraint The one and twentieth one Iohn Iames son of Sir Henry Iames of Feversham in Kent a Romish Catholique stabbed Mr. Howard a Justice of peace of Westminster in Westminster-hall not unto death which was attempted because Mr. Howard had drawn a Catalogue of such Recusants as were within the Liberties of Westminster which he was to deliver up to the Committee of Religion for which fact Iames was secretly punished The eight and twentieth Mr. Pryn and Mr. Burton were conducted into London from their several Prisons in great pomp by many thousands of horse and foot with Rosemary and Bayes in their caps in despight and defiance of the course of Justice which had sentenced them and the third of December they presented their Petitions to the House of Commons for dammage against their Prosecutors This Parliament of Inquisition began to appear terrible to all that lodged but under suspition of guilt but insufferable to the conscience condemning which Sir Francis Windebank Secretary of State not able to bear having been questioned and mainly convinced for reprieving Iesuites and Priests and of worse matters suspected guilty got over into France where he remained to his death a professed Roman Catholique The seventh day unanimously in the Commons House was voted 1. That the Charge imposed upon the Subject for the providing and furnishing of Ships and the Assessments for raising moneys for that purpose commonly called Ship-mony are against the Laws of the Realm the Subjects right and property contrary to former resolutions in Parliament and the Petition of Right 2. That the extrajudicial opinion of the Iudges published in the Star-chamber and enrolled in the Courts of Westminster are in the whole and every part of them against the Laws of the Realm c. ut prius 3. That the writs commonly called Ship writs are against the Laws of the Realm c. ut pius 4. That the Iudgment in the Exchequer in Mr. Hamdens case is as to the matter and substance thereof against the Laws of the Realm c. ut prius And so was it voted in the House of Lords And the next day a Committe was appointed to draw up a charge of High Treason against such as had been abetters therein the Lord Keeper Finch and the rest of the Iudges But though the Parliament was thus severe against the legality of Ship-mony yet it is observed that amongst the best Lawyers the matter was justifiable ascribing much to the Judgment of that learned Lawer Mr. Noy who first preferred it Secondly All the Judges subscribing to it in time of danger of which danger the King was declared to be Judge Thirdly And being argued in the Courts of Justice and by all the Judges in the Exchequers Chamber it was definitively sentenced for the King 4. Nor was it voted down by Parliament but in a meer arbitrary way without review or Council heard as the Judges reason of their opinion so much as required 5. And yet the arguments of the two Justices Crock and Hutton for the Illegallity was by vote of the house of Commons put in print but the opinion of the other eight Judges which were for the legality of it continue suppressed which gave most men occasion to conceive the greater reason in those arguments which were kept in the dark 6. And in all this design to vote it down the Parliament was fain to have recourse to the King and to crave an act of Parliament to secure them from it for the future and to countenance their cause the Judges were impeached in order to the pretext not merit of punishment And now the eleventh of December Alderman Lack-land or Pennington with some hundred at his heels a rable of petty Shop-keepers and Prentices presented their Citizens Petition subscribed by fifteen thousand pittifully perplexed at the Ecclesiastical Discipline and sundry Ceremonies of the Church of England which was wholly debarred but was transmitted till a cooler time And because it was thought sit to strike while the Iron was hot this Petition ushering in much worke of Reformation It was thought convenient to condemn the illegallity of the proceedings in the late Convocation and their Canons which being canvased on both sides the houses and all of one party few Arguments need to be urged where the prevailing sence of the House opposed and so resolved the fifteenth of December That the Clergy in a synod or Convocation hath no power to make Canons Constitutions or Laws to bind either Layity or Clergie without a Parliament And first next day that the Canons are against the fundamental Laws of this Realm against the Kings Prerogative Propriety of the Subject the Right of Parliaments and do tend to Faction and Sedition This Parliamentary Doctrine was but now newly known Convocations never before depending on Parliaments but either in calling or dissolving confirming or authorising the Acts thereof but onely on the King himself not in Parliament neither but in his Palace and this seems to be proved by the Statute 26 Henry 8. and the constant practice ever since And for the Canons before they were subscribed they were imparted to the King and by him communicated to the Lords of the Privy Council the Iudges the learned Council then attending and were read and approved without any thing therein tending to Faction and Sedition or to the prejudice of the Subjects propriety or the Kings Prerogative or the Laws of the Land yet the Parliament frame a Bill for fining all the Clergie of that Convocation keeping them in such aw as none did appear in maintenance of their Authority or in opposing those Incroachments and Innovations which daily were introduced upon them And as to the Civil Iudges for case of Ship-money so the Parliament proceed with the Ecclesiastick Arch-bishop of Canterbury against whom they form a Committee to draw up a Charge against him as the Framer of these Canons and for other supposed Delinquencies aggravated by the Scots adjoyning him with the Earl of Strafford in their grand Accusation as an Incendiary in this National Difference promising to bring in their Complaint but in the mean time Master Hollis on Friday is sent up with the Impeachment and is seconded the same day with the Charge of the Scots Commissioners upon the reading whereof he was committed to the custody of the Black Rod
valor for a wise man to set himself against the breaking in of a Sea which to resist at present threatens imminent danger but to withâ—draw gives it space to spend its fury and gaines a fitter time to repair the breach Certainly a Gallant man had rather fight to great disadvantages for number and place in the field in an orderly waie then skuffle with an undisciplined rabble Som suspected and affirmed that I meditated a War when I went from White-hall onelie to redeem My Person and Conscience from violence God knows I did not then think of a War Nor will any prudent man conceive that I would by so many former and some after-Acts have so much weakned My self If I had purposed to engage in a War which to decline by all means I denied My self in so manie particulars T is evident I had then no Army to flie unto for protection or vindication Who can blame Me or any other for with-drawing our selves from the daily baitings of the Tumults not knowing whether their furie and discontent might not flie so high as to worrie and tear those in pieces whom as yet they but plaied with in their paws God who is My sole Iudge is My Witness in Heaven that I never bad anie thoughts of going from my House at White-hall If I could have had but anie reasonable fair Quarter I was resolved to bear much and did so but I did not think My self bound to prostitute the Majesty of My place and Person the safetie of My Wife and Children to those who are prone to insult most when they have objects and opportunitie most capable of their rudeness and petulancie But this business of the Tumults whereof some have given already an account to God others yet living know themselves desperately guilty Time and the guilt of many hath so smothered up and buried that I think it best to leave it as it is onely I believe the just Avenger of all disorders will in time make those men and that City see their sin in the glass of their punishment T is more then an even-laie that they may one daie see themselves punished by that waie they offended Had this Parliament as it was in its first election and Constitution sate full and free the Members of both Houses being left to their freedom of Voteing as in all reason honor and Religion they should have been I doubt not but things would have been so carried as would have given no less content to all good men then they wished or expected For I was resolved to hear reason in all things and to consent to it so far as I could comprehend it but as Swine are to Gardens and orderly Plantations so are Tumults to Parliaments and Plebeian concourses to publique Councils turning all into disorders and sordid confusions I am prone somtimes to think That had I called this Parliament to any other place in England as I might opportunely enough have don the said consequences in all likelihood with Gods blessing might have been prevented A Parliament would have been welcom in any place no place afforded such confluence of various and vitious humors as that where it was unhappily convened But we must leave all to God who orders our disorders and magnifies his wisdome most when our follies and miseries are most discovered And with these Mutinies comes the Intimation of some practises in the North to distract the English Army the occasions you shall hear of hereafter But it gave â—ewel to the fiery faction and to the Parliament to fall into debate about a general National Protestation To maintain and defend with my life power and estate the true reformed Protestant Religion expressed in the doctrine of the Church of England against all popery and popish Innovations within this Realm contrary to the same doctrine his Majesties person Honour and estate The power of Parliament the lawful rights and Liberties of the subject and every person that maketh this protestation whatsoever he shall do in the lawfull pursuance of the same the third of May. This being too general in these words The true Reformed Protestant Religion c. They were explained by an ordinance to be only The publique doctrine professed in the Church of England so far as it is opposite to Popery and Popish Innovations and not to the maintaining any form of worship discipline or Government nor any Rites or Ceremonies of the Church of England the fifth of May And so it was taken by the Commons House the next day by the Lords and ordered to be taken by all the people of England Hereby it appears that they meant to question the discipline of the Church which they did They had no better way to qualifie the Kings discontent than to raise him some mony for the satisfying of high accounts which the Kingdom stood charged withall two Armies now on foot craving their pay And therefore a cunning Knight of Lancashire offered to procure his Majesty 650000. l. until such time as the subsidies should be raised with this declaration Provided that the King would pass a Bill not to adjourn the Parliament nor Prorogue it nor disolve it without the consent of both Houses to indure until the Greivances of this Kingdom were redressed And so complaints arising like Hidra's head never to have thereby any end yet to colour it they fell upon a great debate thereof but instantly order was given to draw up a Bill in pursuance of it And the Lords another way busie to lay a side the Bill of the Earls Attainder because it brought in the King as a Judge and so fell upon the several Articles of his Accusation resolving to send them to the Commons the next day with their Resolution when aâ—mongst forty five Lords twenty six of them voted him guilty of High Treason upon the fifteenth Article for Levying monies in Ireland by force in a warlike manner And upon the nineteenth for Imposing an Oath upon the subjects in Ireland which was for distinction of the Scots Covenanters as you have heard heretofore And so both these Bills of an everlasting Parliament and of the Attainder being compleated a conference was had of both Houses the next day after and some Lords dispatched to the King to request his answer who tells them That on Munday Following he would satisfie them I conceive it convenient in more particular to clear two mistakes of our Authors concerning The Articles of Ireland and the death of the Earl of Strafford reflecting upon the late most Reverend Prelate the Arch Bishop of Armagh Primate of all Ireland whilest he was living and worse pursued since his decease somewhat too sharp also on Dr. Barnard Herein I take leave in cool blood to interpose those Animadversions being intrusted therein by Command of the deceased Prelate Under whose hand writing and others also much of the matter is made evident to rectifie misunderstandings Intentionally thereby to end disputes The Historian takes
for that Letter which he means was 〈◊〉 five days before Yet the Earl intending to say more than had been writ in some passion he cast away the Pen and out of his Cabinet drew that Paper-promise under the Kings hand intrusting it to the Lieutenant or to that other person for the King whether sealed up or open I cannot say and this is the Paper which the Primate doth mention that Lincoln put into the Kings hand But the Letter before spoken of was very long and written to the KIng upon the Citizens Tumult at Westminster And it was thus May it please your Majesty It hath been my greatest grief in all these Troubles to be taken as a person which should endeavour to represent and set things amiss between your Majesty and your People and to give Councils tending to the disquiet of the three Kingdoms Most true it is that this mine own private condition considered it had been a great madness since through your gracious favour I was so provided as not to expect in any kinde to mend my fortune or please my minde more than by resting where your bounteous hand had placed me Nay it is most mightily mistaken for unto your Majesty it is well known my poor and humble advices concluded still in this that your Majesty and your people could never be happy till there were a right understanding betwixt you and them no other means to effect and settle this happiness but by the counsel and assâ—â—â— of the Parliament or to prevent the growing evils upon this State â—ut by intirely putting your self in your last resort upon the loyalty and good affections of your English Subjects Yet such is my misfortune this truth findeth little credit the contrary seemeth generally to be believed and my self reputed as something of separation between you and your people under a heavier censure than which I am perswaded no Gentleman can suffer Now I understand the minde of men are more incensed against me notwithstanding your Majesty hath declared that in your princely opinion I am not guilty of Treason nor are you satisfied in your conscience to pass the Bill This bringeth me into a very great strait there is before me the ruine of my Children and Family hitherto untouched in all the branches of it with any foul crimes Here is before me the many ills which may befall your sacred person and the whole Kingdom should your self and the Parliament part less satisfied one with the other than is necessary for the preservation of King and people Here are before me the things most valued most feared by mortal man Life or Death To say Sir that there hath not been a strife in me were to make me less than God knoweth mine infirmities give me And to call a destruction upon my self and young children were the intentions of my heart at least have been innocent of this great offence may be believed will finde no easie content to flesh and bloud But with much sadness I am come to a resolution of that which I take to be best becoming me to look upon that which is most principal in it self which doubtless is the prosperity of your sacred person and the Common-wealth infinitely before any private mans interest And therefore in few words as I put my self wholly upon the honour and justice of my Peers so clearly as to beseech your Majesty might please to have spared that Declaration of yours on Saturday last and intirely to have left me to their Lordships So now to set your Majesties conscience c. at liberty I do most humbly beseech you for the preventing of such mischief as may happen by your refusal to pass the Bill by this means to remove praised be God I cannot say this accursed but I confess this unfortunate thing forth of the way towards that blessed Agreement which God I trust shall for ever establish betwixt you and your Subjects Sir my consent herein shall more acquit you to God than all the World can do besides To a willing man there is no injury done And as by Gods grace I forgive all the World so Sir I can give up the Life of this World with all chearfulness imaginable in the just acknowledgment of your exceeding favours and onely beg that in your goodness you would vouchsafe to cast your gracious regard upon my poor Son and his Sisters less or more and no otherwise than their unfortunate Father shall appear more or less guilty of his death God long preserve your Majesty Your Majesties most humble and faithfull Subject and Servant STRAFFORD Tower May 4. 1641. But then this Letter you see was dated five days before the ninth day of May which was Sunday So that the account stands thus Saturday May the first the Kings Speech to both the Houses in defence of the Earl of Strafford Munday 3. The Tumult of the Citizens at Westminster crying out for justice against the Earl Tuesday 4. The said Letter was writ from the Earl to the King mentioning the Kings Speech on Saturday last Wednesday 5. The Lords laid aside the Bill of Attainder because it brought the King in as a Judge and consulted to fall upon several Articles of his Accusation Thursday 6. The Lords voted him guilty of high Treason and the Commons as busie about the Bill for continuation of the Parliament Saturday 8. Both Bills were presented to the King who promised his Answer on Munday after Sunday 9. The conference with the Bishops At the close of which and at parting at night the Bishop of Lincoln having gotten that Paper-promise under the Kings hand from the Lieutenant of the Tower or from that other person sent it or put it into the Kings hands These passages made it late on Sunday night And the next morning Munday the tenth of May he was solicited early from both Houses with those two Bills which the King signed and commissioned the Earl of Arundel the Lord Privy Seal the Lord Chamberlain and others for the passing of them the one for the continuation of the Parliament during the pleasure of the two Houses the other the Bill of Attainder against the Earl of Strafford at one time the same instant with the same Pen and Ink the King lost his Prerogative and Strafford's life also Corruptio unius generatio alterius But because we may not censure without the Book see what the King says giving his Reasons which enforced him to the signing of both these Bills and first as in order upon his passing the Bill for the Triennial Parliament and after settling this during the pleasure of the two Houses THat the world saies the King might be fully confirmed in My purposes at first to contribute what in Iustice Reason Honour and Conscience I could to the happie success of this Parliament which had in Mee no other design but the General good of My Kingdoms I willingly passed the Bill for Triennial Parliaments which as gentle and seasonable Physick
whereof six only were hanged Many treacherous designs of the Town Papists failed many Protestants fled to sea and although Docter Barnard their chief Minister had the conveniency offered him to be gon he would not desert his Congregation thin as they were telling them as St. Ambrose said to Iustina Non prodam lupis gregem mihi commissum hic â—ccide si libet At this time comes a competent strength of one hundred horse and ten hundred foot under command of Sir Henry Tichburn appointed Governour of the Town the fourth of November which the Catholiques resented coldly upon whom the Protestants had just suspition and therefore wearied succours were faine to stand Guard that Night And now it was time to name the Brat and call it a through Rebellion which till now was favoured with the interpretation of an Act of discontented Gentlemen Not long after the State added three companies of foot so beside the Town Arms they were compleat 1500. foot and 160. horse Not many nights after there was dropt in the street a faire Declaration of the Catholiques of Ireland framed upon presumption that the design contrived had been effected and by the way at each corner seems to have been fixed and this the most authentick that came to light Whereas we the Roman Catholiques of the Kingdom of Ireland have been continually loving and faithfull Subjects to his sacred Majesty and notwithstanding the several and heavy oppressions suffered by the subordinate Governments to the ruine of our lives honours and estates yet having some liberty of our Religion from his Majesty out of the affluence of his Princely love to us we weighing not corporal loss in respect of the great immunity of the soule are instantly resolved to infix our selves in an immutable and pure allegiance for ever to his royal Majesâ—y and successors Now it is That the Parliament of England maligning and envying any graces received from his Majesty by our Nation and knowing none desired of us as that of Religion and likewise perceiving his Majesty to be inclined to give us the liberty of the same drew his Majesties Prerogative out of his hand thereby largely pretending the general good of his Majesties Kingdoms But we the sad Catholicks and loyal Subjects to his Majesty do probably finde as well by some Acts to pass by them the said Parliament touching our Religion in which the Catholicks of England and Scotland did suffer as also by threat to send over the Scotish Army with the Sword and Bible in hand against us That their whole and studied Plots both was and is not onely to extinguish Religion by which we onely live happily but also likewise to supplant us and raze the name of Catholicks and Irish out of the whole Kingdom And seeing this surmise so dangerous tending absolutely to the overthrow of the liberty of our consciences and Countrey and also our gracious Kings power forced from him in which and in whose prudent care of us our sole quiet and comfort consisted and without which the fear of our present Ruines did prescribe opinion and premonish us to save our selves We therefore as well to regain his Majesties said Prerogative being onely due to him and his Successours and being the essence and life of Monarchy hoping thereby to continue a strong and invincible unity between his royal and ever happy love to us and our faithfull Duty and Loyalty to his incomparable Majesty have taken Arms and possessed our selves of the best and strongest Forts of this Kingdom to enable us to serve his Majesty and to defend us from the tyrannous resolution of our Enemies This in our consciences as we wish the peace of the same to our selves and our posterity is the pretence and true cause of our raising Arms by which we are resolved to perfect the advancement of truth and safety of our King and Countrey Thus much we thought fit in general to publish to the world to set forth our innocent and just cause the particulars whereof shall be speedily declared God save the King Upon the fifth of November the Lords and Council of Ireland sent their second Dispatch from Dublin unto the King in Scotland and several Letters also into England to the Parliament and Council and to the Earl of Leicester elect Lord Lieutenant setting down the particular Narrative of the Rebellion and so take together the success of both Dispatches The first Letters arrived at London the last of October and that Even were delivered and the next Morning the Upper House sent them down to the House of Commons by the Lord Keeper Privy Seal High Chamberlain Admiral Marshal Chamberlain the Earls of Bath Dorset Leicester Holland Berks Bristoll Lord Mandevil Say Goring Wilmot who had Chairs to sit while the Letters were read and so departed The House instantly resolved into a Committee and order That fifty thousand pounds be forthwith provided That the Lords be moved that Members of both Houses may declare to the City of London the present necessity to borrow fifty thousand pounds to be secured by Act of Parliament That a Committee of both Houses consider of the affairs of Ireland That Owen O Conally the Discoverer shall have five hundred pounds presently and two hundred pounds per annum Pension till provision of Land of Inheritance of a greater value That the persons of all Papists of quality in England be secured That no persons except Merchants shall pass to Ireland without Certificate from the said Committee To all which the Lords consented Then the House of Commons vote twenty thousand pounds for present supply A convenient number of Ships for guarding the Sea-coasts of Ireland That six thousand Foot and two thousand Horse be forthwith raised for Ireland and Officers to be appointed over them That Magazines of Victual be forthwith sent to Westchester to be sent to Dublin as occasion shall require That the Magazines now at Carlile be forthwith sent over to Knockfergus in Ireland That the Kings Council consider of a Pacification for Rewards to such as shall do service in Ireland and for a Pardon to such Rebells as shall submit within a time and of a Sum of Money for Rewards to bring in the Heads of the principal Rebells That Letters of Thanks be returned to the Lords Justices there That the Committee do consider how and in what manner to make use of Scotland here And a Bill to be prepared for pressing of Souldiers for Ireland An Ordinance passed for the Lord Lieutenant of Ireland to raise three thousand five hundred Foot and six hundred Horse and not to press our dear Brethren of Scotland any further than for one thousand Foot to pass from Scotland to the North of Ireland And Arms to be delivered out by the Master of the Ordnance out of the store for Ireland for eight thousand Foot and a thousand Horse Thus much was discoursed upon the first Letters And now upon the second Dispatch the Parliament voted two
cannot doubt of his Subjects affections for he acknowledges the joyfull reception at his now entring into London He bringing as perfect affections to his People as ever Prince did or as good Subjects can possibly desire and is as far from repenting any good that he hath done this Session that he resolves to grant what else can be justly desired in point of Liberties or in maintenance of the true Religion Particularly he commends unto them the state of Ireland the prâ—paratâ—ons going on but slowly which is the cause that two Lords are arrived from 〈◊〉 who come instructâ—d from his Council there to aâ—swâ—r that demanâ— which both Houses made by Petition that met him at Bâ—rwick and which the Duke of Richmond did send back by the Kings command to his Scotish Council Therefore desires the Houses to appoint a Committee tâ— end the business with these two Lords Then because no Jealousie should aâ—ise concerning Religion he settles his Command for obedience to the Laws ordained for that purpose and Proclaimes the tenth of December That Divine service be performed in England and Wales according to the Laws and Statutes and that obedience be given by all people to the same And that all Ministers Ecclesiastâ—cal and Temporal do put the said Acts of Parliament in due execution against all contemners and disturbers of Divine service and that no Persons Vicars or Curates introduce any Rite or Ceremony other then these established by the Laws of this Land And two daies after he publishes his Proclamation That all the Members of both Houses repair to the Parliament at or before the twelfth of Januâ—ry next for continuance thereof c. And being come He salutes them thus the fourteenth of December Because thâ—y delaied the consideration of thâ— most iâ—portant business Ireland he reminds them that at his last presence He recommended to them the lamentable condition of the affaires of Ireland and the miserable condition of the Protestants there That he will not wast time to tell them the detestation he bears to Rebellion in General and of this in particular but knowing that Deeds and not Declarations must suppress this great insolencie therefore he offers his paines power and industry to contribute to this necessary work of reducing the Irâ—sh to obedience That for the Bill for pressing of Souldiers lodged with the Lords but if it come to him he promiseth to pass it And because some had started the question into a dispute concerning the â—â—unds of the Kings prerogative herein He offers to avoide such dâ—bate that the Bill shall pass with a Salvo Jure both for King and People and concludes Conjuring them by all that is or can be dear to them or him to hasten with speed the business of Ireland No sooner said but they Petitioned Him with what they had in readiness for priviledge of Parliaments being their Birth rights Declaring with all duty and reverence That the King ought not to take notice of any matter in agitation and debaâ—e in either Houses 〈◊〉 by their Information Nor ought not to propound any Condition Provision or limitation to any Bill or Act in debate or preparation or to manifest or declare his consent or discent approbation or dislike beforâ— it be presented in course Nor ought to be displeased with any debate of Parliament they being Iudges of their own errors and offences in debating matters depending That these priviledges have been broken of late in the speech of his Majesty on Thursday last the fourteenth of December particularly in mentioning the Bill for Impress offering also a Provisional clause by a Salvo Jure before it was presented and with all they take notice of his Majesties displeasure against such as moved a question concerning the same And they desire to know the names of such persons as reduced his Majesty to that Item that he may be punished as they his great Council shall advise his Majesty The King seeing them setled in this posture and to doe nothing till the Kings answer satisfactory to their Petition He with some regret withdrawes to Hampton Court hoping that his absence might take off the occasion of presenting him with such Exceptions But the next day they apoint a Committee to follow him thither having had time enough in their recess and the Kings being in Scotland to form matter enough to perplex him for now they speak plain all the whole frame of Government is out of tune which they Remonstrate as the State of the Kingdome which they accompany with a Petition But there fell out an Accident in Scotland whilst the King was there concerning the two Marquesses Hamilton and Arguile upon some information that their Persons were in danger they both withdrew from the Parliament of Scotland and for some daies removed out of Edenburgh the suggestions were examined in that Parliament where they had power enough yet nothing was apparent to their prejudice and the examinations upon the whole matter sent hither by the King to the Parliament in England such strange glosses and interpretations were made upon that accident reflecting upon the King and his honour as if at the same time there had been such a design to have been acted here as they had fancied there And a suddain resolution was taken here first by the Committee during the recess after by the Houses to have a Guarâ— for the defence of London and Westminster and both the Houses of Parliament which made some impression in the minds of the best Subjects in a time when they were newly freed from the fears of Two Armies to be now again awakened with the apprehension of dangers of which seeing no ground they were to expect no end But matters thus stated and all possible cunning used by a faction and their Emissaries the Ministers at this time when the clamour was raised of the unlawfulness that the Clergy should meddle in temporal affaires were their chief Agents imployed to derive their seditious directions to the people And were for a week together attending the doores of both Houses to be sent in their errands to inforce the most desperate feares in the minds of all men that could be imagined and to be sure that the memory of former bitterness might not slacken They therefore provide for the Kings Intertainment against his return to London a Remonstrance of the state of the Kingdome herein laying before the King all the mistakes all the misfortunes which had happened since his first coming to the Crown and before to that houre forgetting the blessed condition notwithstanding the unhappy mixture which all the Subjects had enjoyed by peace and plenty under this King to the envy of Christendome Objecting to the King therein the actions of some nay the thoughts of others and reproaching him with things which he after professes never entred into his Imaginations not to his knowledge into the thoughts of any other therein reviling the King to the people and complaining of
the Laws of this Land God bless and assist the Laws for my preservation But his complete Answer to all comes in a Declaration to the Parliament and to the people Having little encouragement to Replies of this nature when he is told of how little value his words are with them though accompanied with love and justice He disavows the having any evil Counsellours about him but leaves such to their censure where they shall finde them in the mean time they ought not to wound his Honour under the common style of Evil Counsellours He hath formerly declared his faithfull affection to the Protestant profession his whole life answerable in practise which should rather be acknowledged by them than to declare any Design of his to alter it in this Kingdom Imprecating God to be witness and that the Judgments of Heaven may be manifested upon those that have or had any such Design As for the Scots Troubles these unhappy Differences are wrapt up in perpetual silence by the Act of Oblivion passed in Parliaments of both Kingdoms which stays him from any further Reply to revive the memory of these Evils He thinks himself highly and causlesly injured in his royal Reputation to have any Declaration Action or Expression of the Irish Rebells or any Letters or strange Speeches to be uttered by such in reference to beget any mis-apprehension in the people of his justice piety and affection an evident advantage to the Rebells by raising Fears to us here and security to them there Concerning this sense of his good Subjects in Ireland what hath he not done in his Messages to both Houses offering his own person ready to adventure for their Redemption being to give an account to God for his Interest in them He calls God to witness he never had thought of any Resolution with his late Army to raise a Faction in London or to force his Parliament That Captain Leg was then lately come from the Army to White-hall with a Petition from the Officers desiring the Parliament might have no interruption in the Reformation of the Church and State to the modell of Queen Elizabeths days and for confirmation to Sir Iacob Ashley of my opinion therein I writ C. R. The Petition will satisfie if you shew it Master Iermin was gone from White-hall before the Restraint nor had he the Kings Warrant after that time fo◠〈◊〉 Lord Kimbolton and the five Members it hath been rubbed over so oft that but looking to his former Answer they will appear abundantly satisfied He had great reason to raise a Guard at White-hall to secure his own person and to receive the dutifull tender of his good Subjects service which was all he did to the Gentlemen of the Inns of Court And assures them in the word of a King that the Lord Digby had left the Court with Warrant to pass the Seas before the Vote of the House of Commons or that his absence could be excepted against As for the wilde Advertisements from Rome Venice Paris the Popes Nuntio the Kings of France and Spain which he is confident no sober man in all the Kingdom can believe that the King is so desperate so sensless to entertain such Designs to bring the Kingdom in destruction and bury his Name and Posterity in perpeal infamy And having done with his Answer somewhat he says besides interrogates them Can there yet want evidence on his part to joyn with his Parliament Hath he given no earnest but words Bids them look back upon their own Remonstrance in November last of the State of the Kingdom which valued his Acts of Grace and Iustice at so high a Rate that it declared the Kingdom a Gainer though it should charge it self by Subsidies and Poll-money six Millions of Pounds besides the contracting the Scots Demands of two hundred and twenty thousand pounds Nay more hath he not passed these Bills for the Triennial Parliament for relinquishing his Title to impose upon Merchants Goods and his power of pressing of Souldiers for suppressing the Courts of Star-chamber High Commission regulating the Council-table Are thâ—se but words The Bills for the Forests the Stannerie Courts the Clerk of the Markets the taking away the Votes of the Bishops nothing but words What greater earnest can he give than the Bill for the continuance of this Parliament the length of which he wishes may never alter the nature of Parliaments and for a perfect reconciliation with his people he offers a free Pardon Nor doth he repent but will meet them to add more with alacritie and kindness for the peace honour and prosperitie of this Nation We have heard what he hath done and his promise to do more which the common man and of the wiser sort also conceived very satisfactory I remember Master Hambden's Answer to an honest Member who demanded what they could desire more He answered To part with his power and to trust it to us And to that end they went on First by resolving or absolving the Oath of Allegeance no whit prejudiced by the Ordinance of the defence of the Kingdom That the Kings Commissions of Lieutenancy over the respective Counties are illegal and void But that their Ordinance for the Militia is to be obeyed as the Fundamental Laws of this Kingdom And that these shall be the Heads of another Declaration The King removes on his way Northward evermore looks back with a Heart eâ—rning after his People and Kingdom and at Huntington March 15. sends them this Message That he means to make his Residence at York desires them to expedite the business of Ireland and if calamities increase upon that People he shall wash his hands before all the World from imputation unto him He expects that as he hath been forward to retract any Act of his entrâ—nâ—hing upon them so he expects an equal tenderness in them towards him in an uâ—questionable Privilege and fundamental His Subjects not to be obliged to obey any Act Order or Injunction to which his Majestie hath â—ot given consent And therefore he requires that they presume not upon any pretence of Order or Ordinance to which his Majestie is not a partie of the Militia or any other thing to do or execute against the Laws he being to keep the Laws himself and his Subjects to obey them and commends unto them his Message of Jan. 20. To this they give no other Answer but resolve their former Vote of the Militia That to have their Votes questioned or contradicted is an high Breach of Privilege of Parliament and a Committee appointed to examine where and by whom this Message was counselled being suspected therefore Favourers of the Rebellion in Ireland and return Message to the King justifying their last Declaration in every particular And lest the Parliaments late proceedings should work in the people any Jealousie of the Kings inclination to favour Popery He proclames for putting the Laws in due execution against Papists Recusants at Stamford March 16. At York he
goodness of Almighty God Accusing that Malignant party to poison the hearts and corrupt the Allegeance of his Subjects by a false Imputation of his favouring Papists imploying them in his Army when he saith that numbers of Popish Commanders and others serve in the Army of the Earl of Essex being privately promised that if they would assist against the King all the Laws made in their prejudice should be repealed Another Scandal he mentioneth to be very senseless that the King should raise an Army against the Parliament to take away their priviledges when in truth it is raised to have some particular Members of this Parliament to be delivered up to Iustice. He being as tender of their priviledges and conform thereto which his Army never intends to violate That the Parliaments Army is raised to Murther and depose the King to alter the frame of Government and the established Laws of the Land That the greatest part of the Parliaments Members are driven away from their Houses by violence That the Book of Common Prayer is rejected and no countenance given but to Anabaptists Brownists and such Schismaticks That the contrivers hereof endeavour to raise an Implacable malice between the Gentry and the Commonalty of the Kingdome A common charge upon the King it had been and so continued to the end of his publique Actings That he favoured Papists and entertained them in his Army and so they were and might be in both subtilly and cunningly by practice on both sides conveyed thither under the masque and profession of Protestants which is a truth of no great wonder and yet in general those of Lancashire Recusants petition the King That being disarmed and so not able either to defend his Royal Person according to their duties nor to secure themselves and families they may be received into his gracious protection from violence being menaced by all kindes of people to whose malice they are subject and must submit And indeed great and heavy pressures were put upon them by both Armies notwithstanding Orders and Declarations to the contrary had been published by either Army And hereupon the King had given Warrant to Sir William Gerard Baronet Sir Cicil Trafford Knight Thomas Clifton Charls Townby Christopher Anderton and Io. Clumsfield c. Recusants in the County of Lancaster That although by Statutes all Recusants convict are to be disarmed to prevent danger in time of peace but now Armies being raised against the King and his Subjects are by them plundered and robbed and their Arms taken and used offensive against his Person His will and command therefore is and they are charged upon their Allegeance and as they tender the safetie of his Person and the peace of the Kingdom with all possible speed to provide Arms for themselves servants and Tenants during the time of open War raised against him and no longer to keep and use for his defence Yet the Parliament prepare Heads of an humble Address unto his Majesty for composing difference and â—â—â—ling a Peace but withall to prevent mis-constructions whereby their just defence may be hindered they do declare That their preparations of Forces for their defence shall be prosecuted with all violence And accordingly Letters are directed from the Lords To the Right Honourable the Lord Viscount Faulkland principal Secretarie to his Majestie or in his absence for Mr. Secretarie Nicholas or any of the Lords or Peers attending the King Grey of Wark My Lord I am commanded by the Lords the Peers and Commons assembled in Parliament to address by you their humble desires to his Majestie that he would â—e pleased to grant his safe Conduct to the Commiâ—tee of Lords and Commons to pass and repass to his Majestie that are directed to attend him with an humble Petition from his Parliament This being all I have in Commission I rest Your assured Friend and Servant Grey of Wark Speaker of the House of Peers pro tempore Westminster Nov. 3. 1642. Which is granted so as the said Committee consist not of persons either by name declared Traitors or otherwise in some of his Declarations or Proclamations excepted against by name as Traitors and so as they come not with more than thirty persons and give notice before hand upon signification they shall have safe conduct Your Lordships most humble Servant Edward Nicholas Reading Nov. 4. Hereupon these Names are sent Algernon Earl of Northumberland Philip Earl of Pembroke and Montgomerie and four Members of the Commons Mr. Perpoint the Lord Wainman Sir Iohn Evelin of Wilts and Sir Io. Hippislie being the Committee of both Houses and desire his Majesties Pass and Repass under his Royal Hand and Signet Nov. 5. The safe Conduct is inclosed for all but Sir Io Evelin who is excepted being proclamed Traitor at Oxford and that if the Houses will send any other person not so excepted in his place His Majesty commands all his Officers to suffer him to pass as if his Name had been particularly comprised herein Reading Nov. 6. To recruit the Parliaments Army it is declared That all Apprentices that will list themselves in their service for the publick cause shall be secured from indemnitie of their Masters during their service and their time included to go on towards their Freedom and all their respective Masters are to receive them again when they shall return This Liberty made Holy-day with the Prentices and they were listed thick and threefold and now spoiled for being Trades-men ever after But it is time to consider what out dear Brethren of Scotland intended to do in this Distraction and therefore they are put in minde by a fresh Declaration of the Parliament How and with what wisdom and publick affection our Brethren of Scotland did concur with the desires of this Kingdom in establishing a peace between both Nations and how lovingly they have since invited the Parliament into a nearer degree of union concerning Religion and Church-government wherefore as the Parliament did for them a year since in their Troubles so now the same obligation lies upon our Brethren by force of their Kingdom to assist us Telling them that Commissions are given by the King to divers Papists to compose an Armie in the North which is to joyn with foreign Forces to be transported hither for the destruction of this Parliament and of Religion and Liberties of the people That the Prelatical partie have raised another Armie which his Majestie doth conduct against the Parliament and Citie of London And hereupon this Parliament desire their Brethren of Scotland to raise Forces for securing their own Borders and to assist here against the Popish and Foreign Forces according to that Act agreed upon in the Parliaments of both Kingdoms for the comfort and relief not onely of our selves but of all the Reformed Churches beyond Seas Nov. 7. 1642. The King as quick sends his Message to the Lords of his Privy Council in Scotland stating the condition between him and the
who whilst Waller hunted the King was gotten Westward and to please the Lo. Roberts with advice of his Iuncto Counsel a Committee of Members is perswaded into Cornwal to credit Roberts for getting his Rents his main end hitherto obstructed by the power of the Cavaliers in that County The King comes to Kingsmore in Somersetshire Iuly 23. and passed Tamer at Palton-bridge in Cornwal Aug. 1. and so to Liskard 8. miles disâ—â—nt from Essex who was at Lesttithyel in Cornwal 5. Aug. there he is encompassed his Majesty and Prince Maurice at Bonnock on one side and Sir Richard Greenvile in Bodmin and Sir Iacob Ashley at Haul which commands Foy Haven But so soon as his Majesties Army drew from Liskard he faced the enemy in their Quarters at Listithiel who had strongly fastned their Foot Quarter on one side of the Town and placed most of their Horse and some Foot on the hills beyond The Town is situate in a valley and Tyde flows up from Foy to the Bridg so as it is not Fordeable but at one passe between that and the Sea Upon sight of the enemy his Majesties Army was full of courage and desired to be engaged but that was not thought fit to be done and the way of distressing the enemy for want of Provisions was resolved on as the most secure and so drew into Quarters the King to Boconnocke the Lord Mohuns House his Army between him and a Heath that parted his Quarters and the enemy at Listithiel the distance between both being â—ot above a mile Assoon as his Majesty had fastned his which was quickly done every enclosure here being Cannon-proofe most of the chief Officers of both Armies subscribed a Letter to Essex by his Majesties consent notwithstanding his Majesties Gracious Letter to him immediately before was not vouchsafed an answer To the Letter sent by the Commanders he returned a Negative yet his denyal wrought no great effects on his Majesties Army for in this posture between the expectation of Sir Grenevile's assistance who was coming on from the West the starving of the enemy and many debates but no positive results His Majesty spent above eight dayes putting little in execution but drew out often on the Heath had some light skirmishes with the Horse Guards and so drew into Quarters again at last Sir Richard Grenevile came with his Force then the Army began more seriously in the prosecution of the design Grenevile fastning his Quarter at Lanhetherocke the Lord Robert's house beyond the River three miles West of his Majesty and possessed Leprin Bridg on the same River a mile above Listithiel and his Majesty on the other side placed Guards on all the passes on the River leading from his Quarters and Listithiel to Foy and possessing a house of the Lord Mohun's over against the Town and a Fort that commandes the very mouth of that Haven being there but half Musket-shot over this was the first work which conduced to his Majesties advantage which proved fatal to their Army they being thereby deprived of an Harbor to bring them in provisions or supplies which they had plentifully before and now they had only a small Creek at Mimibilley and Saint Blases Bay but neither of those safe for Ships yet they still possessed a large space of ground West-ward which made his Majesty after few dayes expectation conclude that he could not starve them in so short a time as was imagined and therefore drew nearer to their Quarters and fastned his Army within Encloâ—â—res on the Wings of theirs within Musket-shot each of the other between which lyes part of the Heath there not half a mile over At the farthest extent of the Kings Quarters on that Heath he built a Fort that by Cannon very much anoyed theirs though they returned daily twenty great shot for one of his the same day Grenevile on the other side of the River drew near to Listithiel took Lesterman Castle a strong Fort and a Passe underneath it little more then half a mile from the Town and hereby his Majesty bettered the communication of his Forces when he had secured these and his Quarters he lay still again expecting the event but the ill weather coming on he resolved on a new design which was to attempt on some of their Quarters by surprise and thereupon Prince Maurice's Army was ordered to have fallen on two dayes successively on the next Quarter to them but the first day it was thought neither easie to get nor advantageous being got and the next by delay and the enemies discovery of the design nothing was effected to the trouble and dislike of many who thought the same more easie then perchance it was yet that failing necessity forbad any longer idlenesse and so again his Majesty resumed the former design of starving them to which purpose General Goring with most of the Horse and Sir Thomas Basset with fifteen hundred Foot of Prince Maurice his Army were sent West to stop all provisions coming in at Saint Blase and to reduce them to straits by keeping their Horse and Foot close together This wrought the expected effect for on Friday night came intelligence that they were drawing their Cannon and Baggage towards Foy whereupon his Majesty made ready not knowing what they had done with their Horse who the next morning before day in great fear marched between his Majesties two Quarters being about two thousand five hundred commanded by Balfour but his Majesties Horse followed them though they made so great hast as that they were timely at Saltash near which Sir Edward Waldgraves brigade lay and was almost surprised but the gallant old man got his men together Flanked them slew a hundred took Major Abeâ—cromy and many prisoners Being well bruised here they laboured to transport themselves over the River for Plymouth their Horse being very weak and tired but in the afternoon that day General Goring and most of the Horse had order to pursue them and timely notice was given to all Forces in the Southern parts to meet them in the Front but failed Their Foot Army drew out likewise on Saturday and by eight in the morning marched away towards Foy his Majesty presently followed and having got the Bridg and Town of Listithiel advanced the Hill where he found two rare pieces of Cannon and about a mile farther three or four more with powder and Amunition which in their hast they left behind them Thus marching after them his Majesty fell in their Rear two miles from Listithiel and from hedg to hedg enforced them to an hasty retreat at length having got some advantage of an inclosure they made a stand and with their remaining Horse regained some fields whence they were forced before whereupon the King sent presently Captain Brett with the Queens Troop who in the Kings view forced them to retire regained the ground lost got more and returned gallantly and in good order with the losse only of four men and
provision be made for the education of the Children of Papists in the faith and Religion of Protestants for the imposing of Mulcts on Papists and disposing the benefit thereof at the discretion of the Parliament That provision be made for suppressing the practises of Papists against the Common-wealth for the executing the Laws against them without fraud and for the stricter forbidding of administring and frequenting Mass whether in the Court or whatsoever place within England and Ireland 3. That the power of the Militia by Land and Sea throughout England and Ireland reside in the Parliament solely to raise train as many Souldiers as they please to lead them whither they please to levy what monies they think fit for their pay whereby they may encounter intestine troubles and invasions foreign and that the King and his successors shall not claim any right therein for the space of twenty years after the expiration whereof if the Parliam shall think the safety of the Commonwealth to be concerned that an Army whether for Land or Sea service be raised and pay alotted them and exact the same by their Authority that such Votes shall have the force of a Law or Statute even though the King refuse If persons of what quality soever to the number of thirty be gathered together in Arms and at the command of the Lords and Commons shall not lay down Arms they shall be accounted guilty of high Treason without hope of pardon from the King To these by way of Corollarie were added some provisions touching the City of London Priviledges and ordinary power of Ministers of Iustice in executing sentence given 4. That by an Act the Cessation of Ireland and all Treaties and Articles there made without the consent of Parliament be voided That the right of prosecuting the Irish War depend upon the discretion of Parliament That the Deputy and all Ministers whether of the Martial or â—ivil Government be nominated by Parliament the Chancellor of Ireland Keep of the great Seal Treasurer all Officers of the Kingdom all the Judges the places offices honours 〈◊〉 Donations of Lands grâ—nted by the King since the Cessation made be â—ulled 5. That all Honours and Titles since the second of May 1642. at which time the 〈◊〉 of the great Seal carried away the Seal with himself from the Parliâ—ment be declared Null No man likewise 〈◊〉 chosen into the Order of Peeâ—age shall sit in the House of Lords without the consent of both Houses 6. That the Parliament raise what moneys they please for payment of the publick debts and dammages and for whatsoever publick uses they shall see hereafter needfull 7. In the first tank of Delinquents be reckoned to whom no hope of pardon shall be left either for life or fortune with the Kings Kings consent The two Princes Palatine of the Rhine Rupert and Maâ—ricâ— three Earls five Lords two Bishops two Judges of the Kingdom twenty two Knights whose names to remember were too large but these persons were those who had done the King the most acceptable service All Papists which had been in Arms namely the Marquess of Winchester with two Earls two Lords and six Knights as also all that raised or fomented the Rebellion in Ireland In the 2. Rank were placed fifty Noblemen and Knights all Memberâ— of the lower House who deserting the Parliament passed over to the Kings Party as also all the Judges Lawyers Clergy-men be banished from the Kings Court and abstain from publick Offices and that under penalty of Treason loss of life and fortunes that the Judges and Lawyers be proscribed from Courts and their practice the Clergy interdicted their Benefices and liberty of Preaching Such fell upon the third Rank as had committed or councelled ought against the Parliament none whereof shall obtain in future the Office of Justice of Peace or Judge or Sheriff or publick Officer To the fourth Rank are reckoned the Common Souldier and all persons of baser rank whose fortunes were narrower then two hundred pounds All the Lands and goods of those of the first Rank be publickly sold to pay publick debts but of the Members which in the new Parliament held at Oxford pronounced those guilty of High Treason which adhered to Westminster two parts in three of their lands and goods The Moity of others of the Judges Lawyers Clergy-men the third part and the sixth of all the third Rank be sold for the foresaid points The rest be let goe without Câ—nsure Provided they have ingaged themselves in the National Covenant All in the second and third Rank after the payment of their Fines the pardon of Parliament being sued granted be entirely restored 8. That all Offices of the Kingdom and chief Magistracies for â—wenty years next ensuing be collated and constituted according to the pleasure of Parliament 9. That the new Seal framed aâ— the Houses appointment pass by the King into the Seal of England and that no other hereafter be used That all Grants and Commissions sealed by this new one remain firm all under the old Seal which was with the King be voided from such time as the Keeper Littleton conveyed it away from the Parliament 10. That all Priviledges Grants Charters and Immunities of the City of London be confirmed with itâ—rated Acts That the Tower of London and Militia be ordered at the discretion of the Mayor of the City Members and Common Council therein That no Citizen be compelled to Military service out of the Liberties of the City unless at the Parliaments appointment and the last was 11. That the Court of Wards with all Offices and Employments thereto belonging be exterminated That all services likewise on that accompt imposed cease all inheritances which formerly were held of the King in Capite c. namely by Knights service being freed from burden and charges fifty thousand pounds notwithstanding being paid the King yearly in compensation These were the conditions of peace propounded by the Parliament for the Argument or Matter of the Treaty to be commenced so vehemently sought after by the desires of all men and by the Arms of many Nothing changed from those which being formerly sent to the King whilst he remained at Hampton Court were not only rejected by the King but also of the Army as being somewhat too unequal In this one thing they differed that in these last the Scots are unconsidered The Parliament Commissioners are vested with no other Authority then to reply to the Kings Arguments rejoyn Reasons to force his assent having no power to sweeten or alter a word nay not to pass over the Preface but are forthwith to adverâ—ise the Parliament touching the Kings Concessions to transact all in writing and to debate the Propositions one by one in order not to descend to another before agreement touching the precedent and the time limited to dispatch within fourty dayes The Treaty goes on for a good while when suddenly advice comes to the Parliament that
8. Demand Hist. p. 212. Answer Question Answer Sir Benjamin Ruddier 's Speech Overtures of a Match betwixt the Lady Mary and Prince of Orange The Kings Speech to the Lords about it Pretended Plots of Papists The King passes the Bill for the Triennial Parliament His Speech concerning it Arch-bishop-accused of High-treason Lord Digby's Speech for Episcopacy Original of Dr. Reynald of Episcopacie Which the Arch Bishop of Armagh confirms Spanish Territories revolt Catalonia rebells Cassal lost And Turin And Arras Princes of France discontent and why Whether Spain aims at the universal Monarchy or no The charge against Strafford Answered His Tryal in Westminster Hall Ob. p. 224. Ob. p. 226. Anno 1641. March 25. March 27. April 1. April 2. Aprilâ— the conclusion of the Earls defence The Commons justifie their charge by Law The Earl answereth by Councel with satisfaction But is by the Commons voted by Bill guilty of high Treason Bill of Attainder The Kings speech in defence of the Earl of Strafford Prince of Orange maried the Princess Mary Tumult at Westminster crying out for Justice of the Earl Eikon Bas. chap 4. Upon the Insolencie of the Tumults National protestation Monies raised for the King Bill propounded for continuance of the Parliament Earl of Strafford voted guilty of High Treason by the Lords Hist page 257. Ob. pag. 240. Observatâ—r observed page 41. Observator rescued page 288. Articles oâ— Ireland The second Scandal of hastening the Earls death The kings foâ—mer promisâ— the main Dilemma The Earls Letter to the King upon the Tumult of the Prentices Eikon Bas. chap. 5. upon the Kings passing the Bill for the triennial Parliament and after setling this during this Parliaments Pleasure Bill for a perpetual Parliament Arch-bishop of Armagh's answer under his hand concerning the consult with the Bishops The Kings Letter in behalf of the Earl The Lords Answer The Earl brought to the Scaffold The Earl's Speech upon the Scaffold A design of the Aâ—my discovered Eikon Basilike c. 15. Upon Jealousies and Scandals cast upon the King Mr. Thomas his Speech against Bishops Bishops after the Reformation King Charls Mr. White 's Letter 〈…〉 New mods Ecclesiastical Government The Arch-Bishop of Armaghs Propositions in Church Government a The book of Ordination b Ibid ex Act. 20. 27. 28. x so taken in Mat. 2. 6. Rev. 12. 5. 19. 15. d 1 Tim. 4. 14. e Tertul. Apologet. cap. 39. f Nec de aliorum manibus quam praesidentium sumimus Id. de coronâ— militis cap. 3. g Dandi quidem Bâ—ptismi habet jus summus sacerdos qui est Episcopus dehinc Presbyteri Diaconi Id. de Bapt. cap. 17. h Omni actu ad me perlato placuit contrahi Presbyterium Cornel. apud Cyp. epist. 46. i Cyprian epist. 55. ad Cornel. k Concil Carthag 4. cap. 23. l Excerption Egberti cap. 43. m 15. q. 7. cap. Nullus x unde nomen Episcopi tractum est Hieron epist. 85. ad Evagrium Tunnage and Poundage The speaker to the King The King replies Bill of Poll-mony passed as also suppressing the High Commission Court and Star-chamber Court Qu. Mother of France dies at Colen Ambassadour to the Emperour at the Diet. Resolution to disband the Scots and English Army Dr. Wren Bishop of Ely committed to the Tower Judges questioned about Ship-money Commissioners in the Kings absence Bills signed Parliament sit on a Sunday Aug. 10. Disorders by connivance of Parliament Irish Rebellion the Proeme Parsons and Burlace made Lords Justices of Ireland The Earl of Leicester declared Lord Lieutenant Parliament adjourned for three Moneths Rebellion brake out Octob. 23. Motives to the Catholicks to take Arms. Irish Rebellion pre surmized Owen O Conally discovers the Conspiracy 22. October 1651. Conally examined Mac Mahon secured The discovery Proclaimed Rebellion first in Ulster The preparations of defence Letters sent to the King and Parliament All Ulster posessed by the Rebells Phelim O Neale the Generalismo Rebell his Character News sent to Droghedagâ— Lord Moor comes with succour Townes surprized by the Rebells The General Declaration of the Catholiques of Irelâ—nd Second Dispatch to the King in Scotland and to England Dublin victualled Protestation of the Parliament in Ireland against the Rebells The Parliam send to treat with the Rebells Letters again sent into England Order of Parliament in England concerning Ireland Tredagh fortified Lord Moor's house plundered English defeated at Gilingstone Bridge Surprise of shiping Letters summoning all the Lords of the Pale Their answer Netervile is commanded to disband His answer Tredagh besieged Skirmish at Greenhills Message from the Enemy The Oath of the Catholicks The Protestants Oath Several Enterprizes with effect against the Rebells The besieged in distress Relief to the Town The Enemies Invasion A Pinnace set out for Provision Several sallies O Neale returned Supply by sea O Neale storms the Town Letters from the Rebells iâ— the North. Base butcheries by the Rebells Feb. 26. Fresh Supply by Sea The Siege raised March 20. The Kings Speech to both Houses Proclamatâ—on for obedience to thâ— Lâ—ws concerning 〈…〉 The Kingâ— speech to the Houses The Parliament petition for priviledge A plot in Scotland Faction at hâ—â—e Parliament Petition and remonstrance Remonstrance of the Parliament The Kings Answer to the Petition The Kings Declaration in answer to the Parliaments Remonstrance Mutiny of the City Message concerning Ireland Proclamation of the Rebellion of Ireland The Lord Kimbolton and 5. Members are questtioned Articles against the 5. Members The King goes to the House of Commons to arrest the 5. Members Voted a breach of their Privilege Tumults against the Bishops who petition and protest Bishops accused of high Treason The House of Commons petition for a Guard The City in fear petition the King Answered 12 Ian. County of Bucks Petition The King with-draws to Hampton Court Eikon Bâ—s c. â— Upon the Kings retirement from Westminster Attourney General questioned about the five Members The Kings Letter concerning the Attourney General Upon the Kings coming to the House of Commonâ— Overtures for relief of Ireland The House of Commons petition for the Militia The Kings Answer Petition to the King concerning the five Members The Queen sent into Holland with the Princess of Orange Eikon Bas. c. 7. Petition for the five Members Petition to settle the Militia Lord Digby's Letters intercâ—pted Propositions for Ireland The Kings Answer concerning the Militia Parliament petition peremptorily for the Militia The Kings Answer Parliaments Declaration to the King of all his faults Parliament denude the King of all power and allegeance Proclamation at York concerning Tunâ—age and Poundage The County of York petition the King His Answer His offers concerning Ireland Hull and its Magazine desired by the Parliament Parliament disswade the King from going into Ireland Queries concerning the Militia concluded Magazine of Hull denied or entrance of the King Bill for the Militia Hotham's act at Hull avoâ—â—ed Parliament in a posture of War
the Kings looks He told them plainly He expected not such a Romance to answer his gracious consent to their Petition of Right But for their just Grievances they would deserve his consideration And so suddenly rose up and stepping down short from the degrees of steps raised under the Cloth of State the Duke stayed him by the hand which now is supposed to be given him to kisse in spight of the Parliament or otherwise rather but his low Congie to his Majesties hand which in Court-complement was too much But in truth I saw that passe and that other Lords near the King offering as much as the Duke did which I well know was then devised to lodge upon him against whom their inbred dislike increased to all exceptions even of Circumstance or Shadow But how suddenly the Commons House incroach upon the Lords Liberties excluding the words the Lords spiritual and Temporal in the very Grant of the Bill of Subsidies which they resented with very high Indignation though the Commons were known to be cunning enough to palliate the designe if discovered with an excuse of bare mis-omission yet the most of them stood it out pretending ever more in such cases That heretofere some Acts had so passed which they knew well enough how to avoid the proving But if their good Lordships would return the Bill their names should be inserted as if they were not able to put themselves in as the others were cunning to leave them out During these disputes and the Kings necessities in purse was the main cause of his consenting so much to raise the Parliaments and lessen his own Power One Doctor Manwaring observing the Clench meant to mend all by marring it with his two false Assertions The one to be preached before the King That the Kings Royal Command imposing without common consent of Parliament Taxes and Loans doth so farre binde the conscience of the Subjects of this Kingdom that they cannot refuse the payment without peril of damnation The other he preached at his Parish Church That the Authority of Parliament is not necessary for the raising Aydes and Subsidies To these he was questioned by a Committee and in reason justly sentenced 1. Imprisonment during the pleasure of the Parliament 2. Fined one thousand pounds to the King 3. To make such submission as shall be set down in writing at the Lords Bar and Bar of Commons 4. To be suspended three years from the exercise of the Ministry 5. Never to preach at Court hereafter 6. Never to have Ecclesiastical dignity or Secular Office 7. To move his Majesty for calling in of his Book and to be burnt And truly I remember the Kings answer to all He that will preach other then he can prove let him suffer I give them no thanks to give me my due and so as being a Parliament businesse he was left by the King and Church to their Sentence But why this case must be marked out for a sixth Presage from the Kings vailing his Crown to the Parliament by suffering the House of Comâ—mons to set up sayes he a Committee for Religion to question Manwaring and Sibthorp and others for Doctrinal matters more proper to be censured in the High-Commission or Convocation to which Courts the cognizance do belong and not unto a Consistory of Lay-Elders which perhaps wise men but never the greatest Clerks We may consent to his opinion in the Main for matters of Divinity and Orthodox points But that the Preacher is Iure Divino not to be censured but by themselves smells of the Presbyter or Papâ—st both alike their Tenets and so to ingrosse all into their General Assembly which was wont to be above Privy-Counsel Parliament and King But the King bent his busie time to frame an Answer to their late Remonstrance so tart that the Commons resolved to double upon him against Tonnage and Poundage which he would not indure bnt prorogued the Parliament unto the twentieth of October delivering his minde to them before his Assent to their Bills My Lords and Gentlemen IT may seem strange that I come so suddenly to end this Session therefore before I give my assent to the Bils I will tell you the cause though I must avow I ow an account of my actions to none but God alone It is known to every one that a while ago the House of Commons gave me a Remonstrance how acceptable every man may judge and for the merit of it I will not call that in question for I am sure no wise man can justifie it Now since I am certainly informed that a second Remonstrance is preparing for me to take away my profit of Tunnage and Poundage one of the chief maintenances of the Crown by alleadging that I have given away my right thereof by my Answer to your Petition This is so prejudicial to me as I am forced to end this Session some few hours before I meant it being willing not to receive any more Remonstrances to which I must give an harsh answer And since I see that even the House of Commons begins already to make false constructions of what I granted in your Petition lest it be worse interpreted in the Country I will now make a Declaration concerning the true intent thereof The Profession of both Houses in the time of hammering this Petition was no waies to trench upon my Prerogative saying They had neither intention nor power to hurt it Therefore it must needs be conceived that I have granted no new but onely confirm the ancient Libertie of my Subjects Yet to shew the clearness of my intentions that I neither repent nor mean to recede from any thing I promised you I do here declare That those things which have been done whereby men had cause to suspect the Liberty of the Subject to be trencht upon which indeed was the true and first ground of the Petition shall not hereafter be drawn into example for your prejudice and in time to come in the word of a King you shall not have the like cause to complain But as for Tonnage and Poundage it is a thing I cannot want and was never intended by you to ask never meant I am sure by me to grant To conclude I command you all that are here to take notice of what I have spoken at this time to be the true intent and meaning of what I granted you in your Petition But especially you my Lords the Judges for to you onely under me belongs the interpretation of the Laws for none of the Houses of Parliament joynt or separate what new doctrine soever may be raised have any power either to make or declare a Law without my consent This Session were enacted these Laws and first of all For further Reformation of Divers abuses committed on the Lords day commonly called Sunday 2. To restrain the passing or sending any to be Popishly bred beyond Seas 3. For the better suppressing unlicensed Ale-House Keepers 4. For
spoken assunder and agreeing together made up a full proof That no testimony may be neglected in matters of Treason That if any part of the charge was denied by the Defendant and proved by the Appellant it might convince him in a manner of the Whole And urged the offence of Ramseys challenging Rey. But more of that hereafter But Doctor Reeves prosecuted the matter for that Ramsey's Councel endeavoured to prove that he might decline the Combate or forbear answering because of some words which reflected upon my Lord Rey as matter of reproach that Rey had uttered words of Treason to catch Ramsey and then to turn Informer But said he No office can be accounted base when the King and Kingdoms safety is concern'd citing a story out of Livie that the Romans confederate with the Sanubies were to undergo a base office that stood not with Honour and resolved so long as it was advantagious to the Romane State it might with Honour be undertaken Doctor Eden was earnest to excuse himself for putting in these words against the Lord Rey saying that his Client enforced to have them inserted But being a point of Honour the Earl Marshal iuterposed That true it was the best man may not refuse the basest office to preserve a King and Nation But again it was most unworthy the degree of honour for any man to angle and intrap another and then to present him to that Kings Iustice. Then the Pleaders argued concerning Meldrams Testimony That no proof ought to be omitted for the King But it was offered for Ramsey to joyn issue upon that point in Law for the Bill was laid against him not general but particular to Place Time and matter viz. That in May last in a Ship and afterward at Amsterdam then again at Delph Ramsey should say such and such words which if Meldram would justifie besides himself they ought to be admitted otherwise it was no good matter but must refer to a new Bill That the Defendant had answered fully for that the Lord Rey profered his service to the Marquesse without pressing to know any designe That nothing in the Letters could convict Ramsey That the Lord Rey standing upon his great offices under the King of Swede and so not necessitated to serve the Marquess He had not those places of command then but since and that since his coming into England he said that he would have served under the Marquess and concluded that Ramsey and the Marquess might use such words and yet not intend Treason to his Majesty But having in this Tryal medled so much with the Marquess the Court was fain to enter an order or Protection to clear the Marquess his words or actions from dishonour Then the Court proceeded to Examine witnesses viva voce Archibal Raukin was to prove the challenge as the Bringer upon these questions he confessed That he was in Ramseys chamber at Richmond the last of October That Ramsey did not imploy him to carry any challenge to the Lord Rey But at that time Ramsey told him that it was his grief to be restrayned not to meet Rey who was a Trayterous villain and wished to meet him in the open fields at Barn-Elms he would make him dye for it and tear his heart with other such words of reproach and wished this Deponent to tell Rey so much which he did but it was three weeks after and then not until the Lord Rey told him that Ramsey had sent him a challenge so that said Ramsey my Message was but a relation not a challenge But Rauken was observed to falter from what he affirmed before Dr. Reeves and others viz. to have carried the challenge and that Ramsey could not deny it so that Rauken was threatned not to accuse Ramsey Gilbert Seaton deposed That Ramsey said he had made it come to Rey's ears to have ended this businesse without troubling the King or Lords Then Doctor Duck summoned up all the proceedings observing that formerly in the presence of the King Ramsey had with deep protestations and oath denied the time place and matter which he now confesseth and though then not examined upon oath yet in France and other Countreys the very holding up of the hand is an oath and so Tertullian sayes of the Romanes and Ramsey confessing part he might be guilty of the whole charge Doctor Eden said That Rey was not a competent witnesse against Ramsey though for the King for he was particeps criminis Capitalis Inimicus for the first his Bill made him so for it Ramsey spake Treason so did Rey for the second it appeared by Reys violent prosecution and if all failed his sword must make it good and so the Defendant was not bound to answer nor to accept the challenge unlesse he will to which he is so willing But Doctor Duck said these Reasons did not currere quatuor pedibus Some of the Conspirators with Cataline were revealers of the Treason and allowed as witnesses Doctor Reeves concluded that although some of the Lord Reys witnesses did not affirm what they might it would encourage him to set a sharper edge upon his sword when he entered the Lists and that the God of right would so weaken the heart of Ramsey that it should fail him when he took his sword in hand The Holy-daies of Christmass drawing nigh The Court ordered that either party might repair to Sr. Henry Martin and possesse him with further proofs out of these witnesses already Examined but of no other And so adjourned the Court till Monday the ninth of Ianuary when after some small debates but no further Matter or Proofs the businesse was briefly determined to be referred to the Kings pleasure Which came to this Account That Hamiltons power with the King got all favour for Ramsey and well rewarded in due time And Rey having done the duty of a Loyal Subject left the Court and Kingdom and returned to his Command in Sweden But this story though tedious will enlighten us further to the truths of the Scotish affairs This Year increased Discontents in the Clergy at Oxford University First many conceived that the renovations reducing their use of primitive times in Divine service was now no lesse than Innovation against which they bitterly Invected in their Pulpits and Pasquils Their very texts giving just cause of offence and mutiny as Let us make us a Coptain and return into Egypt And he cryed against the Altar in the word of the Lord and said O Altar Altar and many such reflecting upon the Persons of the most Eminent in the Church and violating the Kings Declaration for depressing Arminian controversies some of the offenders being convented before their superiours the vice Chancellor Appeal to the Proctors Bishop Laud mistaking these retrograde proceedings in appeals from Ascendents to Descendents caused the King at Woodstock to order the difference and censured the offenders to be expelled the University The
former Reader Important reasons no doubt for a Rebellion yet it somewhat appeased the multitudes rage and gave opportunity for some of the chief Officers to endeavour to raise the siege against the poor Bishop of Galloway and Lords at the Councel and to passe thorow the rude company who cryed out God defend all such as defend the Cause and confound the Service-Book and the maintainers of it In this outrage Trahair trodâ—n down under foot almost to death the City Officers were sent to sundry Lords privately assembled on behalf of the common Cause against the Service-Book who resenting the present danger of destruction to all guarded those out of the Councel chamber through the croud to their several Lodgings and amongst those Ring-leaders who more busie then two of the Bayliffs that subscribed these former Letters to the Arch-Bishop of Canterbury Somewhat calmed That afternoon was Proclaimed this their seditious Insurrection for all persons to disband their convention and to keep the peace upon the highest pain to offenders But to little effect for now the Citizens send Commissioners to the Councel Table to expostulate and require satisfaction and performance of the Paper promised upon the Pacification And thus began their new Religious and glorious Reformation which they say God hath so miraculously prospered The first acted as we have heard in the Church The second in the streets of the chief City upon the persons of the most eminent of Birth and Authority by the very pattern of Geneva their Mother Discipline And by this rascal example the third Insurrection becomes countenanced by others and at last Acted and drawn into the form of two Petitions to the Chancellor The first from the common rowt of gathering hands of Men Women and Children The other brings up the Rear to the Councel In the Name of the Noblemen Gentry Ministers and Burgesses And both of them against the Service-Book and Canons of the Church To my Lord Chancellor Wee Men Women and Children c. urged with this Book of Service and having considered the same c. childrens consideration c. To the Secret Councel Complaining That the Arch-Bishop and Bishops have drawn Two Books the One of Prayers centaining the seeds of several superstitions Idolatry and false doctrine The Other of Canons against such as oppose that Book on pain of Excommunication And a hundred Canons more say they tending to superstition and errours which we must i the obey or break our Covenant with God or be Horned for Rebels These Petitions were Poasted to the King who rather expected submission and for pardon of the former Insurrections and therefore delayed any answer but caused the Councels Proclamation there to satisfie the subjects of the Kings aversnesse from Popery which was pretended in all their Pulpits to make him odious in their intentions And Rixburgh Lord Pivâ— Seal being come to Court to tell the Newes was returned back with Instructions to the Councel who sat at Dalkieth near Edinburgh lest by a further distance the Rebellion might take boldnesse to increase And they removed the Session or Term from Lithgow to Sterling a place of strength twenty four miles from Edinburgh And Trahair also coming to the King was soon returned also with further Instructions and all the Councel being met proclamed the dispersion of the Multitude got together And now indeed the confederate Lords and others did the same thing which formerly they called the Uproars of Rascalls Themselves avowing the first affront to the King his Authority and Laws The Earl of Hume and the Lord Lindsey being assisted with numbers of all Ranks made Protestation against the Proclamations at Sterling and after at Lithgow and last at Edenburgh And the Kings Hearlds with their Coats of Arms forced to stay and hear the Protestation in scorn of all Authority In which Protestation of theirs may be observed their Insolent demands in humble terms protesting against All Acts to be done in Councel where the Bishops shall be present Their Protestation against them making them parties that they may not be Iudges and so they must be forthwith removed and then afterwards accused Condemn first and try them after And comparing these demands now with such other succeeding you will finde that a nearer in likelihood of the Kings Concession the farther they fly to Capitulations intolerable And now begins that most unnatural causelesse and horrible Rebellion that former times or I hope after ages will paralel But somewhat more must be said to discover the temper of such of the Nobility actors herein The Earl of Trahair by his subtile insinuations and seeming affections to the Church crept into close friendship with Laud Arch Bishop of Canterbury and by his means advanced to be Lord Treasurer of Scotland by the resignation of the Earl of Morton for a sum of money from the King and the command of the Kings Yeomen of the Guard resigned to Morton by the Earl of Holland who was then made Groom of the stool Trahair thus setled into favour and power professed his obligations to the Arch Bishop calling him Patron the better to deceive him who in truth raised him up thereby to be a more able Instrument and as he thought him willing for the service of the Church and setling the Service Book and Book of Canons than the Scottish Bishops themselves could be But the very day before that the Book was to be read Trahair with others of the Privy Councel there accessary with him withdrew to Dalk-house seven miles from Edinburgh to expect the event at that distance and though the story is truly set down by the Kings grand Declaration and with much favour to Hamilton Roxburgh and Trahair whose treacheries were shadowed in those actions and in that time even from the King himself and all others until of late discovered by the event See page 124. grand Declaration But most strange it is that not any one of them nor their complices nor of the Councel should prove so honest or loyal to their Soveraign that had deserved well from them all as to give the least Intelligence to the King from thence to have set him in the right way of preventing their treachery And yet 't is true that the honâ—st Earl of Nidsdale Sr. Robert Spotswood and some of the Bishops posted hither to Court Informing the King of their strong combination which might have been then dissipated but Hamiltons and Roxburghs power and Interest put them by for upon the first tumult 23. Iuly the King sends Roxburgh to discover and examine the setters on of the common people who returns with assurance that not any person of quality had been abetters all the Officers and Ministers of Justice very dutifull and earnest to suppresse them and to prevent the future which soon after proved the contrary when it was too late to discover the mischief And indeed the Arch Bishops direction failed hereafter in not discovering the subtilty
a fitting occasion was never offered whereby he might insinuate himself into the Lord Arch-Bishop to whom free access was to be impetrated by the Earl and Countesâ—e of Arundell as also by Secretary Windebank all whose intercessions he neglected and did shunne as it were the Plague the company or familiarity of CON. He was also solicited by others of no mean rank well known to him and yet he continued immoveable Trial also was made of another Secretary Cook who impeded accesse to the detestable design an utter enemy he was to the Iesuites whose access to the King he obstructed He treated many of them as they deserved he searcht into their factions by which means every incitement breathing an attractive power to the Romish Catholiques was ineffectual with him for nothing was so dear to him as his own Innocence whence being rendred odious to the conspirators he was in perpetual hazzard of losing his Place which being laboured for three years was at length obtained But for all this the King had left him a knotty piece for the Lord Arch-Bishop by his constancy opposed himself as an immoveable Rock Con and his party finding the Lord Arch Bishop so impregnable and that they laboured in vain began to boyle with malice and to plot how the Lord Arch-Bishop together with the King should be taken Sentence also is passed against the King who was the main concernment in the plot because nothing is hoped from him which might seem to promote the Popish Religion but especially when he had once declared himselfe that he was of the minde that any good and pious man may be saved in his own Religion To Act the Treason undertaken the criminall execution at Westminster caused by some puritanical writing gave the first spark a thing so much exasperated and exaggerated by the Papists and Puritans that if it went unrevenged it would be thought a blemish to their Religion the flames of which fire the subsequent Liturgie encreased In this heat a certain Scottish Earle one Maxwell if I mistake not was dispatcht to the Scots by the Popish party with whom two other Scottish Earles were correspondents he was to excite the people to commotion He was to raise commotions to re-inforce the sense of every injury and to spur on the people to Rebellion whereby the great disturber of the Scottish liberty might be destroyed There by one labour sâ—ares are laid for the King for which purpose the affaire was so ordered that very many English should adhear to the Scots That the King should be inferiour to them in Armes whereby he might be inforced to crave ayd from the Papists which yet should be denied him unlesse he would descend to conditions by which he should permit a general toleration of the Romish Religion which was the thing the Papists did aim at And should he be difficultly brought to such terms there was a Remedy hoped for For the young Prince who from his Cradle was educated in advantage to the Romish perswasion growing on fast in his youthfull age the Kings Death was contrived by an Indian Nut stuffed with a most fierce Poyson kept in the Society which Con then shewed me in a boasting manner and prepared for him as there was another for his Father During the Scotch Troubles the Marquess of Hamilton was often imployed by the King as Commissioner to compose Disorders there and pacifie the discontented party but returned as often without fruit His Chaplain repaired at that time to us and had secret conference with Con of whom I demanded in jest Whether also the Iews agreed with the Samaritans To which Con answered I would to God all Ministers were like him you may conjecture of this as you please Things standing thus there came to London from Cardinal Richelieu Master Thomas Chamberlain his Chaplain and Almoner a Scot by Nation who was to assist the College of Confederacy to advance the business and to â—ttempt all ways of exasperating the first heat for thâ—s service a Bishoprick was promised him Four moneths space he co-habited with the Society nor was he permitted to depart untill matters succeeding as he wished he might return with good News Sir Toby Mathew a Jesuited Priest of the Order of Politicians the most vigilant of the chief Heads who never went to Bed but got a Nap of an Hour or two in a Chair Day and Night plotted Mischief A Man principally noxious and the very Plague both of King and Kingdom a Man most impudent hunting all Feasts called or not called never quiet always in action and perpetual motion intruding into the company of all his Betters pressing Discourses whereby to fish out mens inclinations whatsoever he sucketh from thence either of advantage or noxious to the Conspiracy he imparteth to the Popes Legate reserving the most secret intelligence for the Pope himself or the Cardinal Barbarino In short he associates himself with any not a word can be spoken but he lays hold of it and accommodates it to his turn In the interim all his Observations he reduceth into a Catalogue and every Summer carrieth it to the general Consistory of the Jesuits Politicks which privately meet in the Province of Wales where he is a welcome Guest There are Councils closely hammered which are fittest for the ruining of the Ecclesiastick and Politick state of both Kingdoms Captain Read a Scot dwelling in Long-Acre Street near the Angel-tavern a Secular Jesuit who for his detestable service performed in perverting of a certain Minister of the Church with secret inticements to the Popish Religion with all his Family taking his Daughter to Wife obtained as a Reward an Impost upon Butter paid by the Countrey people procured for him from the King by some chief men of the Society who never want a Spur whereby he may be constantly detained in his Office In his house the whole Plot is contrived where the Society which hath conspired against the King the Lord Arch-bishop and both Kingdoms convene but on the Day of the Posts Dispatch they meet in greater Numbers for then all their Informers assemble and confer their Notes together and that they may be the less suspected convey all their secrets by Toby Matthew or Read himself to the Popes Legate who transmits the Pacquet of Intelligence to Rome With the same Read are intrusted the Letters brought from Rome under forged Titles and Names and by him delivered to whom they belong for all their Names are known to him Upon the same occasion Letters are also brought over under the covert of Father Philip though he be ignorant of the Plot who distributeth them to the Conspiratours In that very House there is a publick Chappel wherein an Ordinary Jesuit consecrates and dwelleth In this Chappel Masses are daily said by the Jesuits and the Children of some of the Domesticks and some the Conspiratours are baptized They who meet there come often in Coaches or on Hors-back in Laymens
height as the Crown-customes increased five times greater in fine not onely to subsist of our self but to contribute to the English Exchequer and to make some retribution of those vast expenses from hence for four hundred years past The main assistance to this War came from the Gentry of England all Knights and Gentlemen holding Lands in capite of the King were to send Horse and Men answerable to their abilities so that the Aids completed the royal Army where of the Earl of Northumberland was appointed General and the Earl of Strafford his Lieutenant General but in truth Northumber land fell extreme sick and therefore not to disorder the form of the other Officers the King took the Command upon himself Generalissimo for I never read of a Royal Army and the King present but himself was chief the Earl of Northumberland his General and the Earl of Strafford Lieutenant General and having seen the Queens safe delivery of a Son born the twentieth of Iuly and christened Henry after created Duke of Glocester He hastens his Rendezvouz and the twentieth of August takes leave of London Two days after he declares the Scots to be Rebells by Proclamation That by all ways of mildness and clemency he hath endeavoured to appease the rebellious courses of his Subjects of Scotland who upon pretences of Religion have sought to shake off his Regal Government and now do take up Arms and invade his Kingdom of England and therefore his Majesty doth now declare that all those who have already entered or shall presume to enter in war like manner in any part of England and their Adherents and Assistants shall be adjudged and are hereby denounced Rebels and Traitours against his Majesty nevertheless if they will yet acknowledg their former crimes and crave pardon and yield obedience for the time to come he tenders them his gracious pardon they retiring home and demeaning themselves as loyal Subjects for the future August 22. 1640. And a Prayer is published for the Kings Majesty in his Expedition against the Rebells of Scotland to be said in all Churches c. viz. O Eternal God and mercifull Father by whom alone Kings reign thou Lord of Hosts and Giver of all Victory we humbly beseech thee both now and ever to guide and preserve our most gracious Sovereign Lord King Charls to bless him in his Person with health and safety in his Counsels with wisdom and prudence and in all his Actions with honour and good success especially against those his traiterous Subjects who having cast off all obedience to their Anointed Sovereign do 〈…〉 His Army was marched before hastening to meet the Scots who were entered England already for being come to North-alerton in the way to New-castle he was met by the Lord Conway with the ill News of a Defeat at Newburn upon Tine the Day before which was thus The Lord Conway Commander there in chief advising to secure the most considerable Passes had upon August 27 drawn out 1200. Horse and 3000. Foot placing the Infantry under shadow of a Breast-work to gall the Scots in theirâ— Pass over the River Tine near Newburn but their General Lesly over night had planted nine Pieces of Ordnance on his side of the River and blinded them with Bushes from sight of the English and in the morning craves leave of the Lord Conway to pass with his Petition to his Majesty he was admitted to pass with a considerable number but not with his Army but Lesly must not divide his Forces and so fords over 300. Horse which were by those behinde the Breast-work enforced to retire and Lesly to acquit them plaid his Cannon from the Blinde so furiouâ—ly as drove them from their Poast and like raw Souldiers cast down their Arms and fled Then their Cavalry re-advanced upon Mr. Wilmot Commissary General of the Horse accompanied with prime Gentlemen and stood to the Charge of Horse and Cannon also which so galled them and over powred by number as they retired in disorder 300. slain and imprisoned and Conway fain to retreat with this ill News to the King and because New-castle was not tenable against the Scots Army Sir Iacob Ashley the Governour was forced to desert it and two days after they possessed Durham And now comes the Earl of Strafford who brought up the Rear of the Army retreating to York whom the King staid and where there was time afforded to examine and conclude this Miscarriage upon Conway notwithstanding his best art of flourish and stout animosity to vindicate his either Cowardice or Treachery or both for so he was accused During this time the English Garison at Barwick issued out and recovered some Pieces of Cannon which had been left by Lesly at Dunse as over-usefull for his Train which gave Allarm to the Earl of Hadington commanding in Loâ—thian and the Merse with two thousand Horse and 〈◊〉 to pursue and rescue the Cannon and carried them to Dâ—nglass but the next day Hadington and twenty more â—nights and Gentlemen in an instant were all slain by an accident of â—ire which blew up the Magazine of Vaâ—lt that lay in a 〈◊〉 on the other side of the Court twelve score from his Lodging not slain therein very frolick and merry but were come out into the midst of the Court and there killed by the Stones that flew from the Vault which made it the more miraculous but whether by Accident or Design was never known But during these military actions the Scots gaining ground upon the English and now â—eated where they would be in warm Quarters with New-castle Coal good Fires Meat Drink and Lodging of the best and all these in great plenty They now take time to petition the King intâ—tuling it The humble Petition of the Lords of the last Parliament and others his Majesties loyal Subjects of Scotland Complaining in general of their sufferings for relief whereof they are constrained to come without prejudice to the peace of England or any the Subjects therein untill they are pressed with strength of Arms to oppose their Passage at Newburn and now present themselves to his Majesties goodness for satisfaction of their full demands and repair of their wrongs and losses with the advice of the Parliament of England to be convented To all the King answers by his Secretary of Scotland the Earl of Limrick that the King expects their particular Demands having already summoned the Peers of England to meet at York September 24. and commands them to advance no farther York September 5. LIMRICK Three days after comes their Demands directed to the Earl of Limrick in terms humble enough but very peremptory as to the Points Right Honourable As nothing on earth is more desired of us than his Majesties favour so we shall desire nothing herein but what may suit to his Majesties honour and peace of his Dominions The Particulars we should have expressed in our Petition but that they
I think never Bill passed here in this House of more favour to the Subject than this is and if the other Rock be as happily past over as this shall be at this time I do not know what you can ask for ought I can see at this time that I can make any qâ—â—stion to yield unto Therefore I mention this to shew unto you the sense I have of this Bill and the Obligation as I may say that you have to me for it for hitherto to speak freely I had no great encouragement to do it If I should look to the outward face of your actions or proceedings and not to the inward intentions of your hearts I might make question of doing it Hitherto you have gone on in that which concerns your selves to amend and not in those things that meerly concern the strength of this Kingdom neither for the State nor mine own particular This I mention not to reproach you but to shew you the state of things as they are you have taken the Government all in pieces and I may say it is almost off the Hinges A skilfull Watch-maker to cleanse his Watch will take it asunder and when it is put together it will go better so that he leaves not out one Pin of it Now as I have done all this on my part you know what to do on yours and I hope you shall see clearly that I have performed really what I expressed to you at the beginning of this Parliament of the great trust I have of your affections to me and this is the great expression of trust that before you do any thing for me I do put such a confidence in you And then also the King signed the Bill of Subsidies both which Acts so pleasing to the Parliament that at a Conference it was agreed to wait upon his Majesty at White-hall and by the Lord Keeper Sir Edward Littleton return their humble thanks And Bonfires and Bell-ringing throughout all the City were signs of joy which were so done by Order of Parliament The eight and twentieth of February Master Pym was sent from the Commons House to prefer the Charge of High Treason in fourteen Articles against the Arch-bishop of Canterbury who was thereupon ordered to the Tower but upon humble suit and some Reasons besides his Commitment thither was respited till the first of March and to that time he was Prisoner to the Black Rod. Nor would this Mans remorse serve their turn but the down fall of Episcopacy a total Reformation in the Hierarchy it self Nay they must not mannage any secular power nor Votes in Parliament And at length they would quite extirpate them Root and Branch And the ground of their guilt was framed into an Induction of Particulars annexed to their Petitions as may in part appear which it seems were not sufficient but that they meant to make it up with more and yet the other were eight and twenty very large Articles and from them an Addition of as many evil Consequences as might serve for a Treatise And after the Reading in the House were put under the consideration of a Committee We may imagine it impossible to express the various Debates pro con upon that subject the wit of man could not invent more either for Tongues in the House or Pens abroad at home and beyond Seas Amongst many Tongues this Speech of the Lord Digby against the Petition and for Episcopacy deserves the mentioning in effect thus That he looked not upon that Petition as a Petition from the City of London but from he knew not what fifteen thousand Londoners all that could be got to subscribe That therein he discovered a mixture of things Contemptible Irrational and Presumptuous Contemptible Did ever any man think that the Fables of Ovid or Coriat's News should by fifteen thousand have been presented to a Parliament as a motive for the extirpation of Bishops For the scandal of the Rocket the Lawn-sleeves the four-corner'd Cap the Cope the Surplice the Hood the Canonical Coat c. may pass as Arguments of the same weight He did not know whether it were more preposterous to infer the Extirpation of Bishops from such weak Arguments or to attribute as they do to Church-government all the civil grievances Not a Patent not a Monopoly not the price of a Commodity raised but these men make Bishops the cause of it Irrational A Petition ought to be like a kinde of Syllogism the Conclusion the Prayer ought to hold proportion with the Premisses that is with the Complaints and to be deduced from them but in this Petition there was a multitude of Allegations of Instances of Abuses and Depravations in Church-government and what is thence inferred Let the Use be utterly abolished for the Abuses sake For the moveables sake to take away the solid good of a thing is just as reasonable as to root up a good Tree because there is a Canker in the Branches Presumptuous What greater boldness can there be than for Petitioners to prescribe to a Parliament what and how it should do For multitude to teach a Parliament what is and what is not the Government according to Gods Word Again it is high presumption to petition point-blank against a Government in force by Law the honour of former Acts must be upheld because all the reverence we expect from future times to our own Acts depends upon our supporting the dignity of former Parliaments He said We all agree that a Reformation of Church-government is most necessary but to strike at the Root he can never give his Vote before three things were cleared to him First that no Rule no Boundaries can be set to Bishops able to restrain them from such Exorbitances Secondly such a Frame of Government must be laid before us as no time no corruption can make liable to inconveniences proportionable with those we abolish Thirdly whether the new Model is practicable in the State and consistent with Monarchy For the first he was confident a Triennial Parliament would be a curb sufficient to order them For the second he was also confident that if we did listen to those who would extirpate Episcopacy we should in state of every Bishop we put down in a Diocess set up a Pope in every Parish For the last he was of opinion that it would be unsafe for Monarchy for if the Presbyterian Assemblies should succeed they would assume a power to excommunicate Kings as well as other men And if Kings came once to be excommunicated men are not like to care much what becomes of them But notwithstanding all their Debates and banding Episcopacy was alive though drooping for the Commons the tenth of March voted That no Bishop shall have any Vote in Parliament nor any judicial power in the Star-chamber nor bear any sway in temporal Affairs and that no Clergy-man shall be in Commission of Peace And yet in some doubt what to do as to the Hierarchy they in
to his Son Sir Harry Vane a Key to fetch some Papers out of a Cabiner in which he findes another Key to an inward Shutter which he opens and lighted upon these Notes who forthwith shews them to Master Pym and that afternoon occasioned a Conference with the Lords to whom he urges the Commons former Request that the Earl might answer to new Proofs referring to the three and twentieth Article and were grounded upon these Notes which he then produced and that the Commons desired that the Earl might answer to them the next Day at the Bar in Westminster-hall which was granted April the thirteenth he appeared and the Notes were read upon this ground No danger of a War with Scotland if Offensive not Defensive Then their several Opinions which he collected in brief with Nominal Letters for each Counsellours Name thus K. C. H. How can we undertake Offensive War if we have no more money L. L. IR. Borrow of the City an hundred thousand pounds Go on vigorously to levy Ship-money Your Majesty having tried the affections of your People you are absolved and loose from all Rules of Government and to do what power will admit Your Majesty hath tried all ways and being refused shall be aquitted before God and Man and you have an Army in Ireland that you may imploy to reduce this Kingdom to obedience for I am confident the Scots cannot hold out five Moneths L. Arch. You have tried all ways and have always been denied it is now lawfull to take it by force L. Cot. Leagues abroad there may be made for the defence of the Kingdom The Lower House are weary of the King and Church All ways shall be just to raise Moneys in this inevitable necessity and are to be used being lawfull L. Arch. For an Offensive not any Defensive War L. L. Ir. The Town is full of Lords put the Commission of Array on foot and if any of them stir we will make them smart The Earls Reply That being a Privy-counsellour he conceived he might have the freedom to vote with others his opinion being as the Exigent required it would be hard measure for Opinions resulting from such Debates to be prosecuted under the notion of Treason And for the main hint suggested from his words The King had an Army in Ireland which he might imploy here to reduce this Kingdom He answereth That it is proved by the single Testimony of one Man Secretary Vane not being of validity in Law to create Faith in a Case of Debt much lesse in Life and Death That the Secretaries Deposition was very dubious for upon two Examinations he could not remember any such words And the third time his Testimonie was various but that I should speak such words or the like and words may be very like in sound but differ in sense as in the words of my charge here for there and that for this puts an end to the Controversie There were present at this Debate but eight Privy-counsellours in all two are not to be produced the Arch-bishop and Windebank but Sir Harry Vane affirms the words I deny them then there remain four for further evidence viz. the Marquis Hamilton the Earl of Northumberland the Lord Treasurer and the Lord Cottington who have all declared upon their Honours that they never heard me speak those words nay nor the like Lastly suppose though I granted it not that I spake those words yet cannot the word this rationally imply England because the Debate was not cerning Scotland as is yielded on all hands because England was not out of the way of obedience as the Earl of Clare well observed and because there was never any the least intention of landing the Irish Army in England as the aforesaid Lords of the Privy-council are able to attest And having done the Lord High Steward asked him if he had any more to say in his own defence for the Court was willing to prepare matters for Judgment To which he made a summary Repetition of his several Defences And having ended he spake thus My Lords THere remaines another kind of Treason that I should be guilty of for endeavouring to subvert the Fundamental Laws of the Land That this should be Treason together that is not Treason in one part a Treason accumulative that when all will not do it alone being weaved up with others it should do it seems very strange Under favour my Lords I conceive there is neither Statute nor Common Law which doth declare this endevouring to subvert the Fundamental Laws of the Land to be high Treason for I have been diligent in the inquiry as you know it deeply concerns me and could never discover it It is hard to be questioned for life and honour upon a Law that cannot be shewn for it is a rule in Sir Edward Coke De non apparentibus non existentibus eadem est ratio Ihesu Where hath this fire lain hid so many hundreds of years without smoak to discover it till it thus burst forth to consume me and my children That punishment should precede promulgation of a law to be punished by a law subsequent to the Fact is extreme hard what man can be safe if this be admitted My Lords it is hard in another respect that there should be no token set by which we should know this offence no admonition by which we should avoid it If a man pass the Thames in a boat and split himself upon an Anchor and no Buoy be floting to discover it he who â—weth the Anchor shall make satisfaction but if a Buoy 〈◊〉 sot there every man passeth upon his own peril Now where is this mark where the token upon this Crime to declare it to be high Treason My Lords be pleased to give that regard to the Peerage of England as never to expose your selves to such moot-points such constructive interpretations of Laws If there must be a tryal of wits let the subject matter be of somewhat else than the lives and honours of Peers It will be wisdome for your selves for your posterity and for the whole Kingdom to cast into the fire these bloudy and mysterious volumes of constructive and arbitrary Treason as the Primitive Christians did their Books of curious Arts and betake your selves to the plain letter of the Law and Statute that telleth us what is and what is not Treason without being more ambitious to be more learned in the art of Killing than our fore-fathers It is now full 240. years since any man was touched for this alleged Crime to this height before my self let us not awaken these sleeping Lyons to our destruction by taking up a few musty Records that have lain by the walls so many ages forgotten or neglected May your Lordships please not to add this to my other misfortunes for my other sins be-slave me not for Treason Let not a president be desired from me so disadvantagious as this will be in the consequence to the whole Kingdom
of England and Ireland and to introduce an Arbitrary and Tyrannical Goverment against Law in the said Kingdoms and for exercising a tyrannous and exorbitant Power over and against the Laws of the said Kingdoms over the Liberties Estates and Laws of his Majesties Subjects and likewise for having by his own Authority commanded the laying and assessing of Souldiers upon his Majesties Subjects in Ireland against their consent to compell them to obey his unlawfull Commands and Orders made upon Paper-petitions in Causes between party and party which accordingly was executed upon divers of his Majesties Subjects in a warlike manner within the said Realm of Ireland and in so doing did levy War against the Kings Majesty and his Liege-people in that Kingdom And also for that he upon the unhappy Dissolution of the last Parliament did slander the House of Commons to his Majesty and did counsel and advise his Majesty that he was loose and absolved from Rules of Government and that he had an Army in Ireland which he might imploy to reduce this Kingdome for which he deserves to undergo the paines and Forfeitures of high Treason And the said Earl hath been also an Incendiary of the wars between the two Kingdoms of England and Scotland all which offences have been sufficiently proved against the said Earl upon his Impeachment Be it therefore Enacted by the Kings most excellent Majesty and by the Lords and Commons in this present Parliament assembled and by â—â—thority of the same that the said Earl of Strafford for the hainous crimes and offences aforesaid stand and be adjudged and attainted of high Treason and shall suffer such pain of death and incur the Forfeitures of his Goods and Cattels Lands Tenements and hereditaments of any estate of freehold or Inheritance in the said Kingdomes of England and Ireland which the said Earl or any other to his use or in trust for him have or had the day of the first sitting of this present Parliament or at any time since Provided that no Iudge or Iudges Iustice or Iustices whatsoever shall adjudge or interpret any Act or thing to be Treason nor hear or determine any Treason nor in any other manner than he or they should or ought to have done before the making of this Act and as if this Act had never been had or made Serving alwaies unto all and singular persons and bodies politique and corporal their Heirs and successors other than the said Earl and his Heirs and such as claim by from or under him all such right title and Interests of in and to all and singular such of the said Lands Tenements and Hereditaments as he they or any of them had before the first day of this present Parliament any thing herein contained to the contrary notwithstanding Provided that the passing of this present Act and his Majesties assent thereunto shall not be any determination of this present sessions of Parliament and all Bills and matters whatsoever depending in Parliament and not fully enacted and determined And all Statutes and Acts of Parliament which have their continuance until the end of this present session of Parliament shall remain continue and be in force as if this Act had not been This Bill of Attainder being read opened and affirmed by sundry Presidents and Acts of Parliament might no doubt remove the misty cloud of the Peers understanding And therefore the next day the heat of that house appeared towards his destruction contrary to the Kings conscience whose Judgement was that he deserved relief And to that end the first of May he called both Houses together and to them he opened himself for the Earls defence thus My Lords and Gentlemen I had no intention to have spoken to you of this business to day which is the great business of the Earl of Strafford because I would do nothing which might hinder your occasions But now it comes to pass that I must of necessity have past in the judgment I think it most necâ—ssary to declare my conscience therein I am sure you know I have been present at the hearing of this great cause from one end to the other and I must tell you that in my conscience I cannot condemn him of high Treason It is not fit for me to argue this business I am sure you will not expect it a positive Doctrine best becomes the mouth of a Prince yet must I tell you three truths which I am sure no man can tell so well as myself First That I had never any intention of bringing over the Irish Army into England nor ever was advised by any body so to do Secondly That there was never any debate before me either in publique Councel or private Committee of the disloyalty of my English subjects nor ever had I any suspicion of them Thirdly That I was never counselled by any to alter the least of any of the Laws of England much less to alter all the Laws Nay I tell you this I think no body durst ever be so impudent as to move me to it For if they had I should have made them such an example and put such a mark upon them that all posterity should know my intentions by it they being ever to govern by the Law and no otherwise I desire rightly to be understood for though I tell you in my conscience I cannot condemn him of high Treason yet cannot I clear him of misdemeanours therefore I hope you may find out a way to satisfie justice and your own fears and not oppress my conscience My Lords I hope you know what a tender conscience is and I must declare unto you that to satisfie my people I would do great matters but in this of conscience neither fear nor any other respect whatsoever shall ever make me goe against it Certainly I have not deserved so ill of this Parliament at this time that they should press me in this tender point therefore I cannot suspect you will go about it Nay I must confess for mis-demeanours I am so clear in them that though I will not chalk out the way yet I will shew you that I think my Lord of Strafford is not fit hereafter to serve me or the Common-wealth in any place of trust no not so much as a Constable Therefore I leave it to you my Lords to find out some such way as to bring me out of this straight and keep your selves and the Kingdome from such inconveniences So then in effect he tells them of his presence at the hearing of that great cause from one end to the other and that positively in his conscience he cannot condemn him of High Treason but could not clear him of misdemeanours and he hoped that they might finde out a way to satisfie Justice and their own fears and not to oppress the Kings conscience which neither fear nor any other respect whatsoever should make him go against it and leaves them the way to bring him out of this straight This
the field Observations upon his History The Historian replies Observator observed The Observator Rescued and Rejoynes And the Historian at a Non-plus his friend even Squire Sanderson as the man that mediates for him The Interim took up the Kings time in doubt what answer to return to his subjects a discontented people Himself their Soveraign troubled with a distracted conscience They for Justice He for Mercy In this perplexity saies the Historian the King consults with feur Bishops the sunday morning desiring them as Casuists to advice him what course to steer between these twog â—eat Rocks c. That three of them urged the opinion of the Judges and the votes of Parliament c. That they advised yea partly perswaded his Majesty though not fully convinced to pass the Bill But the motive to all he saies was a Letter to the King from the Earl himself that very day viz. Sir To set your Majesties conscience at liberty c. more of this hereafter But this Observator enforceth reasons That the Bishops were not sent for but sent to the King by the Parliament to inform his conscience and bring him to yeild to the Bill who consulted rather their own ends And names them the Primate of Armagh the Bishops of Lincoln Durham and Carlile the two last unskilled depended wholly on the other two and those two as the Parliament knew full well carried a sharp tooth against the Lord Lieutenant upon former grudges that of the Primate for abrogating of the Articles of Religion established in the Church of Ireland and setting in their place the Articles of the Church of England and because Doctor Bromel once chaplain to the Lord Lieutenant then Bishop of Derrie had opposed most in it c. That of the Bishop of Lincoln on whom was the most dependance of worse affections than the other c. The Historian replies in his observator observed page 41 That the Bishops were not sent to the King but sent for by the King That they were five not four Bishops That if any of them depended on the Iudgment of others it was the Bishop of London who at the last meeting spake not a syllable That Durham and Carlile spake as freely as any other That the Lord Primate had no sharp tooth against the Lieutenant and instances in that of the Articles of Ireland which were never abrogated and produces this Certificate of two Doctors of Divinity We who were present at and Members of the Convocation holden at Dublin Anno. 1634. do hereby testifie That upon the proposal of the first Canon wherein for the manifestation of our agreement with the Church of England in the confession of the same Christian faith and doctrine of the Sacraments as was then expressed wee did receive and approve the Book of Articles of Religion agreed upon in the Convocation holden at London Anno 1562. One of the Assembly stood up and desired that the other Book of Articles agreed upon in the Convocation holden at Dublin Anno 1615. should be joyned therewith Unto whom it was then answered that this addition was altogether needless that Book having been already sufficiently ratified by the decrees of the former Synod But that the least motion was then or there made for the suppressing of those Articles of Ireland hath no truth at all in it And therefore the Observator and whosoever else hath or doth aver that the said Articles either were abolished or any motion made for the suppressing or abolishing of them are grosly mistaken and have abused the said Convocation in delivering so manifest an untruth The eighteenth of March 1655. Nicholas Bernard Samuel Pullen And to prove no discontent between the Primate and Earl he remarks That before his sentence He did advise with the Primate concerning his defence And after sentence the Earl desired that the Primate might serve him in his ministerial office in his last and fatal extremity who prayed with him sent Messages to the King by him took him by the hand and led him to the Scaffold That there was never any controversie in that Synod of Ireland between the Primate and the Bishop of Derrie concerning the Articles That the King pressing the Judges to declare any particular Article which if proved was treason could not extort from them one single instance but that the Earl was guilty upon the whole matter So much saies the Historian The Observator is rescued with witty Arguments to make good his defence in justification of what he had said before concerning the Bishops in which he puts himself upon a very unhandsome expression is it likely saies he c. that the King would confide in Potter Bishop of Carlile a man of so much want and weakness concluding the Historians Ipse dico no proof at all And so keeping the field the Historian appears no more But the Observator having dispatched that adversary he finds out another and indeavours to be rescued from the back blowes of Dr. Barnard Indeed if there were any they could be no other for the Author there turned the back not the face being an Anonymus and so appeared in that disguised for he that smote a Clergie Man without his Priestly habit was thereby excused A man that walks in the dark may meet with a knock by such as mean him no harm for the Doctors aim was if I mistake not from his apprehension of the Authors disaffection to the Primate of Ireland endeavouring to blemish that worthy Prelate of our Church in some particulars following and gave it then suspected by the Arch-Bishop himself and others to be some Agent of the See of Rome though as yet not any one of them hath moved his tongue against this Isralite at his exile hence And wee may be sorry to see his sole enemies to be those of his own house in profession that out of themselves should arise Men speaking perverse things such pen and tongue combates are gratefull to none but to the grand adversary of us all It comes in my way by calm endeavours and command of the dead to vindicate him that holy Prelate and to compose what relates to him on either side specially in these two mistakes concerning the Articles of Ireland and the scandal put upon him in relation to the Earl of Straffords death as I have received it from himself and others and charged upon me to publish which was long since prepared by it self but after conceived more convenient to be inserted in this history First for the Articles of Religion established in the Church of Ireland Anno. 1615. and pretended to be abrogated Anno. 1634. it so far onely concerns the late Primate as being chosen by the Synode to draw them up which was no more a Scandal to them than for King Iames his sending into Ireland the Articles of Lambeth as the Author tells us were to those Indeed Dr. Heylen in his History of the Sabbath pag. 2. Cap. 8. hath
Covent-garden when a Messenger coming to him from his Majesty he answered that he was then as he saw imployed in Gods service which as soon as he had done he would attend upon the King to understand his pleasure But the King spending the whole After-noon in the serious debate of the Earl of Strafford's case with the Lords of the Council and the Iudges of the Land he could not before Evening be admitted to his Majesties presence when the Question was again agitated Whether the King in justice might pass the Bill of Attainder against the Earl of Strafford For that he might shew mercy to him was no question at all no man doubting but that the King without any scruple of conscience might have granted him pardon if other reasons of State in which the Bishops were neither made Iudges nor Advisers did not hinder him the whole result therefore of the determination of the Bishops was to this effect That herein the Matter of Fact and the Matter of Law were to be distinguished that of the Fact he himself might make a Iudgment having been present at all the proceedings against the said Lord where if upon the hearing of the allegations on either side he did not coâ—ceive him guilty of the crime wherewith he was charged he could not in justice condemn him But for the Matter of Law what was Treason and what was not he was to rest in the Opinion of the Iudges whose office it was to declare the Law and who were sworn therein to carry themselves indifferently betwixt him and his Subjects which gave his Majesty occasion to complain of the bad dealing of the Iudges with him not long before that having earnestly pressed them to declare in particular what point of the Earls charge they adjudged to be Treason for as much as upon the hearing of the proof produced he might in his conscience perhaps finde him guiltless of that Fact he could not by any means draw them to name any particular but that upon the whole matter Treason might justly be charged upon him And in the second Meeting at night it was observed that the Bishop of London spake nothing at all and the Bishop of Lincoln not onely spake but sent a Writing into the Kings hands wherein what was contained the rest of his Brethren knew not So much writes the Arch-bishop Some of these passages are dispersed in the Observatour observed but not credited by the Authour of the Observatour rescued receiving it onely upon the Historians bare affirmation but by this Testimony it may be hoped he will be of more moderation notwithstanding he hath there shewn much disaffection to the Primate in endeavouring to his utmost to evade divers of those particulars either in giving the worst sense of them or turning them to other ends wherein he doth not onely obscurely fall upon this reverend Primate but injuriously detracts from a very worthy man Doctour Potter Bishop of Carlile and that after his death Dr. Cosens hath given him a better Example who heaâ—ing in France of the Primate's Funeral and what had been then said of this subject writes thus to his Friend I am glad to hear my Lord of Armagh was carried with so much honour to his Grave who yet deserved far more than was given him I never believed that he perswaded the King to put the Deputy of Ireland to death for he satisfied me against the common Report in that matter long since himself the world will hereafter know who it was c. Neither do I finde any thing in the late Kings Book in that Meditation as followeth concerning the Earl of Strafford that hath any such necessary inference that way either as to him or any of his Profession And for the note put upon the person to be one that had been harrased and crushed by the people I see not how it might be appliable to him his loss being by that Rebellion in Ireland and by the Parliament here he had an Allowance and had more esteem from â—â—em than others of his Profession What the Observatour took upon trust in some mistaken Notes given him of Doctour Bernard's Sermon concerning this subject â—â—er the spending some sharp language upon him he puts afterwards into Errata of Advertisements and Additions and so I pass it over So then thus far we may be satisfied There were but four Bishops at the first London Lincoln Durham and Carlile and at night five Bishops the Arch-bishop of Armagh making one the judgment of the Judges and the opinion of the Bishops formerly set down answer in effect to the controverted Disputes But it seems from all the Controversions to be thus concluded that the Kings former promise to save the Earl was at last and that absolutely the Kings desire to be satisfied therein whereupon say I the Bishop of Lincoln finding the Kings pulse to beat upon that string and knowing that four days before not that morning the Earl had writ a long Letter to the King concluding to solve his Majesty from that promise this Bishop Lincoln took upon him to tell the King that morning when Armagh was not present that if that were all he was confident that the Earl was so great a Lover of his Majesties peace and tender of his conscience and the Kingdoms safety as willingly to acquit the King of that promise To which the King gave a brow of anger as if thereby to be ensnared and so the four Bishops parted Upon this Lincoln in private speaks with the Lieutenant of the Tower or rather some other person who was at hand waiting the Kings pleasure and cunningly relates to him so much of the morning conference and the mâ—â—ner as might suit with his purpose that nothing stuck with his Majâ—sty but his promise to the Earl and that under his hand So then says he if when my Lord Strafford sendeth to you and asketh what is done concerning him you may acquaint him therewith I know the Earl of Strafford Lord Lieutenant of Ireland will disdain to hold his life upon no other merit but a bare promise and if all the service he hath done be not a stronger obligation than a few words he will I dare say to try the Kings affection soon acquit him of that promise And as the Devil and he would have it so it happened for the throbbing Prisoner inquisitive concerning his doom the Lieutenant or the other person told him that the King was satisfied of his guilt in Law and was onely bound up by his promise to your Lordship At which the Earl started up out of his Chair immediately calls for Pen and Paper Nay said he if that be all that bindes the King I shall soon release him and presently fell to writing say some that short Letter that same morning which the Historian pag. 257. minceth into a particle of the whole and begins â—â—at the last Paragraph in these words SIR To set your Majesty c. But I say otherwise
be evil because mine were good And having signed both these Bills the King sent Sir Dudley Carleton Secretary of State to the Earl to acquaint him what he had finished the necessity urging him so to do together with the Earls free consent and the return of his Paper-promise which ballanced all The Earl amazed seriously asked him whether his Majesty had passed the Bill as not believing without some astonishment that the King would have done it And being again assured that it was passed He arose from his Chair and standing up lift his eyes to Heaven clapt his hand upon his heart and said Put not your trust in Princes nor in the sons of men for in them there is no salvation I have been assured from him that heard the King speak it and others confirming that the Bishop of London did not disswade nor perswade the King in the passing of the Bill but wisely or cunningly said nothing at all Nor does it appear that any of the other Bishops Lincoln onely excepted did any way press the King to his death And for satisfaction of all the world that the Arch-bishop of Armagh did not urge his death but rather the contrary I was present when it was diâ—â—â—ursed by a person of honour and honesty one that in these times and in these particulars thus controverted would not be positive but in the truth And as willingly as necessarily he hath set it under his hand and ready to justifie it with his Oath and Honour in these words and so witnessed by those that were present That the late King being in the Garison of Oxford a publick rumour passed that the Arch-bishop of Armagh was then dead and so intimated to the King in his Bed-chamber who was pleased to resent the news with much sorrow and with very high expression of the Prelates remarkable piety and learning and so said all that were present in confidence of his great endowments of exemplary virtues Except Sir said one in his advice to your Majestie to the hasty resolution of the Lord Strafford's death To which the King in some passion replied It was false protesting with an Oath his innocencie therein and that after the Bill was passed said the King the Arch-bishop came to me with much regret and sorrow and that the Arch-bishop wept bitterly This as a great truth I am ready to aver says the Relator by my Oath and Honour as I do now under my hand this eighth day of May 1656. W. L. Hereupon having this under his hand and witness I urged the question with another person of like Honour who said that himself was present at that time relating the very same words in effect as the former and both of them I spake with apart many miles asunder and neither of them witting of the use which I now make thereof they mentioned each other to be present And this also is certified upon his Oath and Honour and under his hand also and witnesses G. K. And now we shall see what the Arch-bishop of Armagh hath been pleased to signifie as to the Observatours pag. 240. concerning the result of the Bishops That Sunday morning the five Bishops writes he for so many they were London being one of them were sent for by the King himself and not sent to him by the Houses of Parliament amongst whom the Bishop of Durham and Carlile were so far from depending wholly upon the judgment of the other two whom the Observatour accounts Politicians that they argued the case themselves as fully as did any other To the Argument of one of them the King also returned this Answer that his Syllogism was faulty because it had in it four terms And for that most uncharitable surmise writes he concerning the Arch-bishop of Armagh as if the displeasure he had conceived against the Lord Lieutenant were so great that it could not be satisfied but by the seeking of his very bloud It is hard to say whethâ—â—hat calumny be more malicious or ridiculous for both the ground of that conceited grudg is utterly false the Articles of Religion established in the Church of Ireland having been never abrogated by him or any other And in the ordering of this his the Earls last business there was no man with whom he held greater correspondency than with the Primate himself whereof this may be sufficient proof that as before his condemnation he did from time to time consult with him touching his answer to their present charge so also afterwards having obtained from the Parliament that the Primate might be sent unto him to prepare him for his death He chearfully imbraced his spiritual instructions prayed with him sent messages to the King by him and by no means would dispense with him for being absent from his Execution But taking him by the hand led him along to the Scaffold where with incomparable courage and as himself professed even then ready to lay hown his head without the least touch of any passion or fear he rendered up the spirit to him that gave it And as to the Historian's Paragraph pag. 263. l. 33. The Earl proceeding c. This Paragraph says the Arch-bishop is wholly to be left out for at his passing to the Scaffold there was a great silence amongst the people all of them universally commiserating his case in an extraordinary manner and with great passion lifting up their hands to heaven for him And to the Historian pag. 263. l. 38. The Earl being brought c. The Earl says the Arch-bishop being brought to the Scaffold his Chaplains prayed with him and himself remaining still upon his knee rehearsing with great reverence the five and twenty Psalm Afterwards arising he addrest his Speech unto the people to this effect after following But the occasion of the mistakes of the addressing of his Speech unto the Lords as the Historian hath My Lords It should be My Lord which the Earl used in the Singular Number turning himself to the Arch-bishop who stood by him as appears by the Pamphlet presently published concerning his suffering where the tenour of his Speech which he then used is to be taken as agreeing almost with the very syllable by him used and not as the Historian hath it for thus in truth it was My Lord Primate c. as hereafter in due place But to return to the tenth of May the King having the day before signed both Bills that of the continuation of the Parliament and this for the execution of the Earl and with one Pen of Ink and at one instant he sets his hand to the loss of himself and to the destruction of his faithfull and most able Counsellour and Servant The next day eleventh of May he being extremely troubled at what he had done concerning the Earl he vouchsafes to write to the Lords and sends this Letter by his Son the Prince of Wales My Lords I did yesterday satisfie the justice of the Kingdom by passing the Bill of Attainder
Kingdom the number of them might very well be conformed unto the number of the several Rural Deanries into which every Diocess is subdivided which being done the Suffragan supplying the place of those who in the ancient Church were called Chorepiscopi might every moneth Assemble a Synod of all the Rectors or Incumbent Pastors within the Precinct and according to the Major part of their voices conclude all matters that shall be brought into debate before them To this Synod the Rector and Churchwardens might present such impenitent persons as by admonitions and supension from the Sacrament would not be reformed who if they should still remain contumacious and incorrigible the sentence of Excommunication might be decreed against them by the Synod and accordingly be executed in the Parish where they lived Hitherto also all things that concerned the Parochial Ministers might be referred whether they did touch their Doctrine or their conversation as also the censure of all new Opinions Heresies and Schisms which did arise within that Circuit with liberty of Appeal if need require unto the Diocesan Synod 3. The Diocesan Synod might be held once or twice in the year as it should be thought most convenient Therein all the Suffragans and the rest of the Rectors or Incumbent Pastors or a certain select number of every Deanry within the Diocese might meet with whose consent or the major part of them all things might be concluded by the Bishop or Superintendent call him whether you will or in his absence by one of the Suffragans whom he shall depute in his stead to be Moderator of that Assembly Here all matters of greater moment might be taken into consideration and the Orders of the monethly Synods revised and if need be reformed and if here also any matter of difficulty could not receive a full determination it might be referred to the next Provincial or National Synod 4 The Provincial Synod might consist of all the Bishops and Suffragans and such other of the Clergy as should be elected out of every Diocess within the Province the Arch-bishop of either Province might be the Moderator of this meeting or in his room some one of the Bishops appointed by him and all matters be ordered therein by common consent as in the former Assemblies This Synod might be held every third year and if the Parliament do then sit according to the act of a Triennial Parliament both the Archbishops and Provincial Synods of the Land might joyn together and make up a National Councel Wherein all Appeals from inferior Synods might be received all their Acts examined and all Ecclesiasticall constitutions which concern the estate of the Church of the whole Nation established The House of Commons could not digest the paiment of Tunnage and Poundage as a duty but as an Act durante some limited time of necessity and in 1628. had drawn up a smart Remonstrance therein which was prevented by Proroguing that Parliament then and continual hammering upon it ever since brought by Bill to pass it away from himself which Bill was brought up by Mr. Speaker to the Lords House and said thus to the King the two and twentieth of Iune That Policy most gracious and dread Soveraign which weighs prerogative and Propriety in the same scales and increases the plenty of the Crown and contentment of the People the even paising of the Beam enables both A principle creating belief in the Subject that not only their wills are bound to Allegiance but their Fortunes and Estates must bend to the Commands of their Soveraign Compulsory obedience by the Transcendent power of Prerogative will not support Government Affections and estates of the people tied with the threads of obedience by rules of Law fastens safety and prosperity to the Crown former Presidents of puissant Princes conclude the glory of their greatness to command the hearts of free-men That several Parliaments hove stampt the Character of a free guift upon the fore front of this aid as a Sacrifice of Thanksgiving for safe conduct of the Merchants and provision of the Navy Our hopes were long since to have settled this for the measure and the time and so to have presented it But as a Ship floting on a Rough sea and cast upon Rocks of fear and dangers tossed upon billowes of distraction and distrust of Church and Common-wealth hopeless ever to pass to the Haven without the hand of that sacred providence yet no division had power to distract any one of us from our duty to your Person To that end I am sent saies he by the Commons to present this as a Mark only of their inward duties untill a further expression of their affections The acceptation of this gift the largest ever given will joyn wings to our desires and hopes to our hearts never to return without that Olive leaf which may declare that the waters are abated and your Majesty may have full assurance of our faith and loyalty The King presently replies I do accept this office as a Testimony and beginning of your dutiful affections and that in due time you will perform your promises when you have leasure And I doubt not but you will see by the passing this Bill the trust I have in your affections and wish it reciprocal so yours to me By this I freely and franckly give over the right of my Predecessors and challenged and though disputed in their times but never yielded till now By which you see how I put my self upon my people for subsistance Rumors of Iealousies and suspitions by flying and Idle discourses have come to my ears But he understands them as having relation to the Scotish Army and preventing Insinuations which vanished in their birth which he leaves to them having of himself no design but to return the affection of his people by Justice and truth After many debates the Commons now resolving to be rid of the Scotish Army and the Charge of the English also passed a Bill of Imposing the Tax of Poll-Mony upon the people for having now the power of an everlasting Parliament they would by degrees inure the people to the Taxes and points which they meant in time hereafter to press upon them The Parliament therefore besides the grant of six subsidies had imposed a Tax seldome or never known which was that of the Pol-Mony wherein the whole Kingdome was to be assessed every Duke at 100. l. a Marquess at 80. l. Earls 60. l. Viscounts and Barons at 40. l. Knights of the Bath 30. l. Knights Bachelirs at 20. l. Esquires 10. l. and every Gentleman dispending 100. l. perannum at 5. l. and all others of ability a competent proportion the meanest head through the whole Kingdom was not excused under six pence which mony the Parliament made use of after This Bill of Poll-mony was offered by the House to the King with two other of great concernment the one for putting down the High Commission Court
and Figures within the Churches and afterwards from without suppressing the very Signs and Sign-posts and this curiosity of Imployment was conferred upon such as had least to do and could intend to be busied abroad Sir Robert Harloe was found out to be the fittest person which makes me remember Chaucer's Character of such another A busier man there never was Yet seemed busier than he was The King had given knowledg of his Resolution to journey to Scotland and to set out the tenth of August to which the Houses had agreed but now thus near they desire the King to put it off a Fortnight longer the great affairs of State necessarily requiring his presence and instanced in some Bills yet to be passed and some settlement for the Government of the Kingdom in his absence he told them the warning was so long since as that they might have hastened their business to that purpose And so the same day passed some Bills for Knighthood free making of Gun-pouder and Saltpeter and signed a Commission for passing Bills in his absence unto the Lord Keeper the Lord Privy-Seal the Earl of Lindsey Earl of Essex Marquess Hartford the Earl of Bath and the Earl of Dorset And signed to another Bill for the Earl of Essex General of all his Forces on this side Trent by which he had power to raise Forces in case of necessity but to that request that the Earl of Pembroke should be made Lord high Steward in the place of the Earl of Arundel now absent and the Earl of Salisbury to be Lord Treasurer he had no minde to either of them But the day before the King's Journey into Scotland and the Parliament serious in some sudden affairs of importance they were forced to lay aside the solemnity of this Day being Sunday and to sit from Morning till Night but not to bring it into President they publish in Print That for many urgent occasions they thought it necessary to sit and do declare so much that no inferiour Court or Council or any person may draw this into Example for their encouragement in neglecting the due observation of the Sabbath Sunday August 8. And then they adjourned untill the twentieth of October and a standing Committee of the House of Commons consisting of fifty Members appointed during the Recess But the King gone to Scotland the Parliament at leisure to frame business against his return such a Freedom and Liberty was taken up of the People and such connivance from the Parliament as somewhat like the late Comedy The World turn'd up side down Many Jealousies in the hearts of the People many Divisions and Differences in Opinion which little favour the Parliaments proceedings The Prelatical party utterly discountenanced and Learning discouraged the Universities neglected Orthodox men slighted A wonderfull liberty and licence afforded to the Communalty of a long time had now taken root and Riots too Every one as his fancy increased took upon him by connivance of several Members of several Opinions to countenance such who without other authority order or decency rudely and riotously disturbing Church-service in time of Prayers tearing the Book of Liturgy the Surplices and such things which the Parliament onely connived at being to use such a considerable party in time of need Ridiculous Conventicles and Preachings in Conventicles nay openly in corners of the Streets by Trades-men Tub-preachers to the general scandal of all good men In earnest to wise men and religious these courses were offensive and thereby grew disaffected to Parliaments but there were ways invented some were taken off by Preferments others deterred and most men distracted with these varieties exprest a Mutation and change of Church and State which after followed Insolencies and Disorders in the Populacy uncorrected or connived at grow up to Insurrections and Rebellions as with the late Actions of the Scots after whose Example the Irish Nation resolve of the like Freedom the one of Reformation the other of old ancient Popery National pretence either had but the effects of the former were soon smothered and pacified for the present but this other taking fire in time of our English Distractions which afforded them means and boldness to contrive the most horrid Rebellion in Ireland that after-ages will not easily believe It fell out in the Kings absence at Scotland and so we shall take up that time to enter the Reader in the former part of that miserable story and first of all to give some account of the Grounds and their rebellious pretences Somewhat we have said concerning the State of Ireland from the first Conquest of the English to these times of King Charls who highly indulged his Subjects there in this last Year 1640. upon their late Complaints and their general Remonstrance to him from the Parliament sitting at Dublin by a Committee of four Temporal Lords of the Upper House and twelve Members of the House of Commons instructed to represent the heavy pressures which they pretended to have suffered under the Government of the Earl of Strafford The King took their Grievances into his royal consideration heard them himself and presently provided for their redress And upon the decease of Master Wansford Master of the Rolls in Ireland and then Lord Deputy under the Earl of Strafford who still continued Lord Lieutenant of that Kingdom though then accused of high Treason and imprisoned in the Tower of London the King sent a Commission of Government to the Lord Dillon of Kilkenny West and Sir William Parsons Knight and Baronet Master of the Wards there but finding his choice of Dillon to be much disgusted by the Irish Committee that Commission was forthwith cancelled with their approbation he placed the Government upon Sir William Parsons and Sir John Burlace Knight Master of the Ordnance both of them persons of great integrity who took the Sword the ninth of February 1640. who applied them selves with all possible content to the People In abating the Subsidies there being given in the time of the Earl of Strafford from fourty thousand pounds each Subsidy to twelve thousand pounds a piece so low were they reduced and drew up two Acts in Parliament most impetuously desired by the Natives The one was the Act of Limitations which settled all Estates of Land there for sixty years preceding The other Act for the relinquishment of the Kings Right and Title to the four Counties in Conaught legally found for him by several Inquisitions and ready to be disposed of to Brittish Undertakers as also to some Territories in Munster and Clare upon the same Title And that the King might testifie his own settled resolution for his future grace and favours to them he did about the end of May 1641. declare the Earl of Leicester Lord Lieutenant General of Ireland perhaps upon the former score as Heir to his Uncle Sir Philip Sidney as to Sir Henry Sidney his Grand-father who had been Governour of Ireland in time
the House of Peers whose authority interest and priviledges was now as much slighted and despised as the King was after and as the Lords fell towards themselves in after successes easily passing over those former singular Acts of grace passed by him already in this Parliament or else ascribing them to their own wisdoms in the procurement and conclude against a Malignant party that they have no hope of setling the distractions of this Kingdom for want of a concurrence with the House of Lords into which number all these Lords were cast who presumed to dissent from any Propositions made by the House of Commons But not to hold you in suspence the business was thus When this engine Remonstrance was prepared for the people by the prime Leaders It was presented to the house of Commons and the greatest art imaginable to procure consent to have it passed there And after the longest debate that hath been observed from three a clock afternoon till ten a clock the next morning when many through weakness and weariness left the House So that it looked as it was sawcely said like the verdict of a starved Iury and carried onely by eleven voyces And shortly after that the King had been received with all possible expressions of loyal affection by the City of London against which it was murmured and the chief advancers of that duty discountenanced and their Loyalty envied at And when it was publiquely said in the House of Commons upon some dispute of a pretended breach of the order of the House That their Discipline ought to be severe for the Enemy was now in view meaning the King returned then I say was the Petition and Remonstrance presented to his Majesty at Hampton Court I could wish you had it at length as it was printed but this History growes big with necessary abreviations suppose these what the wit and malice of man could rake together to make a Sovereign suspected of his Subjects Their Petition thus in effect Most gracious Soveraign Your Majesties most humble and faithful Subjects the Commoners in this present Parliament doe with joy acknowledge this favoâ—r of God for his safe return into England when the dangers and distempers of the State have caused them to desire his presence and authority to his Parliament for preventing of eminent ruine and destruction to his Kingdome of England and Scotland fomented by a Malignant party for alteration of Religion and Government the increase of Popery by the practice of Iesuits and other Engineers and factors for Rome corrupting the Bishops and Privy Council They being the cause of the late Scotish war and the Irish Rebellion now for prevention they pray that his Majesty would concur with his Parliament deprive the Bishops of their Votes To take a way oppressions in Religion Church Government and Discipline To purge his Councils of such as are promotors of these corruptions and not to alienate any escheated Lands in Ireland by reason of the Rebellion And these being granted they will make him happy To this the body of their Remonstrance was annexed very particular and large which they draw down from the beginning of the Kings Reign pretending to discover the Malignant party and their designs and consequently the miseries thereby to the State And this they intitle A Remonstrance of the Kingdom Die Mercurii December 15. 1641. In brief to set it down from these Heads 1. The Root and the growth of these mischievous Designs 2. The maturity and ripeness to which they have attained before the beginning of this Parliament 3. The effectual means which hath been used for the extirpations of these dangers evils and progress that hath been made therein by the Kings goodness and the wisdome of Parliament 4. The waies of obstruction and opposition by which the Progress hath been interrupted 5. The courses to be taken for removing those obstacles and for the accomplishing of their dutiful and faithful intentions and endeavours of restoring and establishing their ancient honour greatness and security of this Crown and Nation The Root of all this mischief they finde to be a Malignant and pernicious Design of subverting the fundamental Laws and Principles of Government upon which the Religion and Iustice of the Kingdome are firmly established The Actors and Promoters hereof have been 1. The Iesuited Papists who hate the Laws as the Obstacles of that change and subversion of Religion which they so much long for 2. The Bishops and the corrupt part of the Clergy who cherish formalities and superstitions as the natural effects and more probable supports of their own Ecclesiastical Tyranny and usurpation 3. Such Councellors and Courtiers as for private ends have ingaged themselves to further the Interest of some foreign Princes or states to the prejudice of the King and State at home And to make it more credible the Remonstrance moulds out some common Principles by which they pretend â—ll the Malignant Councels and actions were governed and these are branched in four particulars in effect That the Malignant party maintained continual differences and discontents betwixt the King and the people upon questions of Perogative and priviledge that so they might have say they the advantage of siding with him and under the notions of Men addicted to his service gain to themselves and their parties the places of greatest trust and power in the Kingdome They suppressed the purity and power of Religion and such as we asserted to it as being contrary to their own ends and the greatest impediment to that charge which they thought to introduce Then to conjoyn these parts of the Kingdome which were most propitious to their own ends and to divide those who went most opposite which consisted in many particular observations to cherish the Arminian part in those points wherein they agree with the Papists to multiply and enlarge the differences between the Protestant and those which they call Puritans to introduce and countenance such opinions and Ceremonies as are fittest for accommodation with Popery to increase and maintain ignorance looseness and prophaness in the people that if these three parties Papists Arminians and Libertinâ—s they might compose a body fit to act such Councels and resolutions as were most conduceable to their ends And politickly they disaffected the King to the Parliament by slanders and false imputations and by putting him upon other waies of supply which in shew and appearance were fuller of advantage than the ordinary course of subsidies though in truth they brought more loss than gain both to King and People and have caused the distractions under which we suffer Then the Remonstrance comes to particular charges against this Malignant party 1. The dissolution of the Parliament at Oxford two subsidies being given and no grievance relieved 2. The loss of the Rochel fleete by our shipping delivered over to the French to the loss of that Town and the Protestant Religion in France 3. The diverting of his Majesties course of wars
imaginations concluding against a malignant party the prevalency of the Bishops and popish Lords into which number all those are cast who dissent from any propositions made by the House of Commons which Remonstrance was presented to the Lords and debated from ten in the forenoon till three a clock the next morning and so wearied into a Vote by eleven Voices and published to stop the current of the peoples affections and duty to their Sovereign and presented to him at Hampton Court The peoples mindes and affection thus shaken perplexed their next work was to get such a power into their hands as might govern and dispose those affections To which purpose they had several Debates in the diminution of the Office and Authority of the Lords Lieuts their Deputies of the respective Counties as not agreeable to Law so to provide for the safety of the Kingdom another way A double end they had therein to force such Officers to comply with them in their Votes lest they should be questioned for former execution of that place and indeed all other Officers upon the like score and so to unsetle the Militia thereby the more easily to bring it to their Governance and thereupon to place a General at land and an Admiral at Sea by Act of Parliament independent of any supreme power and a prepardon for what they should act as it was after digested into their new Generals Commission and the pretended Ordinance to the Earl of Warwick Thus they got power in the Commons House and endeavour to do the same in the Upper House prevailing upon the hopes and fears of such as might that way be dealt with witness that insolent Speech of Mr. Pym to the Earl of Dover That if he looked for any preferment he must complie with them in their ways and not hope to have it by serving the King Then they take away the Votes of Bishops by Bill to which many consented as hoping that the fury of that Faction which pursued an absolute destruction of Ecclesiastical Government would be thereby abated and yet whilest it halted with the Lords the House of Commons resort to the people training them down to Westminster in multitudes with swords and clubs and oftentimes sending for them to countenance their Debates the particulars whereof the King says he can prove The King in these straits was resolved that nothing in that House should provoke hâ—m till time and the experience of good men should discover their purposes yet the Tumults grew so dangerous that the Lords desired several Conferences for suppressing them but were told by some Members of the Commons That they must not discourage their Friends this being a time to make use of them And Mr. Pym said God forbid that we should proceed in any way to dishearten people to obtain their just desires Himself and those other persons accused of Treason by great incouragement had sent for those multitudes to come in that manner and though a Writ was issued out by the Judges to hinder those Tumults in obedience to which the Constables were appointed by the Justices to attend the performance and this Watch was by the House of Commons voted a Breach of their privilege the Watch was thereupon discharged and the Justice sent to the Tower The like Tumult was at Southwark by an Assembly of Sectaries who were legally proceeded against as a Riot this was complained of to the House of Commons and there excused That they met to draw a Petition against Bishops so that those Officers that prosecuted the Riot were held Friends to Bishops and the Under Sheriff of Surrey was enjoyned not to proceed against them or any other who should meet to subscribe Petitions by which pretence any Disorders might be secure above the reach of Law or justice whereupon followed those most unsufferable Tumults and Disorders at White-hall and Westminster against whom the Bishops protest as not being able to attend the House of Lords and are therefore accused of high Treason by the House of Commons and committed to the Tower by the Lords And because the King got a Guard for securing of his person the Queen and their Children it was forthwith published That he meant some Design against the Citie of London and thereupon followed such a general distraction such a defection of Allegeance in the people such a damp of Trade in the City and so horrid a confusion in the Church and all this to satisfie their own private ends Hereupon to undeceive the people the King prepared and published his Answer to their Remonstrance of the state of the Kingdom And then that he might manifest their Actions he resolved to accuse the Lord Kimbolton and the five Members of high Treason and what his proceedings have been therein he refers to his Declaration of the nineteenth of May and what followed after as in the story before is mentioned And so Tumults increasing the King was enforced to retire and secure himself and Family at Hampton Court with the persons of some of the neighbour Gentry which was voted to be a gathering of Troops of Horse in a warlike manner to the terrour and affright of the Kings good Subjects and so compelled the King to remove to Windsor Castle And to keep the people in an Allarm and Sir Walter Earl the Discoverer of I know not what Plots and Designs ridiculous against the Parliament and City Then the King discovers all the politick practices of the House of Commons to prevent any recommendatory Letters of the Lords for Elections of Members in void places and he must be sure to be of their own choice and as often are they refused however duly elected if they prove not for their party and as cunningly they intend to conquer all those whom they could conclude obnoxious to the justice of the Parliament with terrible Votes against such Lords as had concurred in such an Order at the Council Table or Censure in Star-chamber and against Lords Lieutenants or the Deputies for raising Coat and Conduct-money all Sheriffs for Ship-money all Lords for Monopolies or illegal Patents and so by those terrifyings they brought all persons or Members of either House compliable to their Faction or to have an Inquisition of his whole life to bring him into question Then to encourage their Faction they declare That what disservice any one had done formerly his present actions bringing benefit to their Common-wealth he ought not now to be questioned They had several baits to catch and betray other men such as were slack as conscious to withdraw from their subtilties they would perswade to go on being so far in as would be dangerous to retire that the King would never forget it and therefore to secure themselves they must weaken the King and bring him to such a condition as not to be in his power to suppress them To such as would in truth reason and conscience acknowledg the justness and integrity of the Kings preceding
contrary to Almightie God and to the King that they immediately retract that mischievous illegal and unjust Order To which he expects their speedy Answer and obedience and the rather that he may be secured that such part of the four hundred thousand pounds as is or shall be collected for the Irish service may not be imployed under false pretence in a War against the King August 13. This was home close to their conscience which they retort upon the King with this Answer That his Directions to them to retract their Order is a high Breach of privilege of Parliament that his wicked Counsellours have raised this bloudie and barbarous Rebellion in Ireland that they had a Design to raise a Million of Money to suppress them but the King with-drawing into the North from his Parliament their intentions were frustrate As also to send five thousand Foot and five hundred Horse to Ireland under the command of the Lord Wharton for Relief of Munster which failing Limrick is lost and Munster in much miserie The Kings Forces so quartered in and about the common Roads to Ireland that no provision can pass by land that way that be hath recalled two Ships appointed for the Guard of those Seas that certain suits of Cloath sent towards Chester for that service were taken by the Cavaliers and the Waggon-horses And that the House of Commons apprehending the danger of this Kingdom thought it necessarie to prepare a competent Armie for defence of the King and Kingdom but in regard that the Contributions of Plate by the well-affected could not be so soon coined they made bold to borrow this hundâ—ed thousand pounds for the present And so put it to the question Whether the King and his Cavaliers or the King and his Parliament do endeavour for the best To all this though I finde no Reply yet thus much in truth may be said that though the King recalled two Ships commanded by Captain Ketleby and Sir Henry Stradling they conceal that at the same time he sent Warrant to the Downs commanding four better Ships to attend that service which Warrant by the Parliaments means could finde no obedience by the absence of which four Ships the Rebells of Ireland had opportunity to bring store of Arms and Ammunition And it is as true that at this time the Parliament seized fourty good Ships of the Kings Navy and could spare none of them for the Irish service but imployed them against the King in the business of Hull And as to their Suits of Cloaths they likewise conceal that they were taken entring into Coventry then in open War against the King where no doubt they would have been disposed amongst their Souldiers who bore Arms against him And for the Horses of Draught they were certified to be useless for Ireland and so the King kept them for his service And the Earl of Leiceister Deputy of Ireland being now with the King at Nottingham his Man Errington was sent to fetch them for the King who hastens the Deputy to his charge and sent him for London And they do not hold forth their Excuse sufficient to say that the one hundred thousand pounds was for the necessitie of their Armie in defence of this Kingdom when the Irish Army was ready to perish for want of it which they imployed together with such part of the four hundred thousand pounds Subsidy as they had received to maintain this unnatural civil War at home And to forward their Forces Sir William Brereton and others Deputy Lieutenants for the County of Chester are directed to put in execution the Ordinance of the Militia with particular Advices and Orders how they shall act in reference thereto and to suppress all other forces and meetings any way intending the contrary and that the Parliament will bear them out herein August 18. And to the Gentry of the Northern Countries they declare that notwithstanding all the Kings vowes and protestations to govern by Law to blinde and deceive the people the most mischievous principles of Tyranny are practized that ever were invented That is to disarm the middle sort of people who are the body of the Kingdome and to maintain Souldiers by forced contributions To create a provincial Government in the North and the Countries are to associate with other Counties and such as will not shall be plundered and pillaged For prevention they do promise that all well affected people so plundered shall have full reparation out of the Estates of the Actors Counsellors and out of such as are withdrawn to York or shall persist to serve the King against the Parliament with Horse Arms Plate or money who are Traytors to the King Parliament and Kingdome And thus either party having endeavoured to win upon the People by Declarations Remonstrances and Answers which rather encreased suspition and jealousies and the Subject thereby the more deceived The King most graciously observing that mistakes have arisen by Messages between them which may be prevented happily by way of Treaty and so by freedom of debate for the peace of the Kingdome sends this Message to them from Nottingham the 25. of August which was presented to the Parliament by the Earls of Southampton and Dorset Sir Iohn Culpeper Chancellour of the Exchequer and Sir William Uvedal To which the Parliament make answer That untill his Majesty shall recall these Proclamations and Declarations of Treason against the Earl of Essex and them and their adherents And untill the Kings Standard set up in pursuance thereof to be taken down they cannot by the fundamental priviledges of Parliament give his Majesty any other answer But these Messengers were not suffered to sit in the Houses And the Earl of Southampton against whom there was not the least colour of exception or so much as a vote not suffered to deliver the message but compelled to send it by the usher of the black Rod and then commanded to depart the Town before they would prepare any Answer which they sent to the King To which the King Replies That he never intended to declare the Parliament Traytors or set up his Standard against them but if they shall resolve to Treat either party shall revoke these Declarations against all persons as Traytors and the same day take down his standard But nothing prevailing they yet make reply unless He will do as they desire forsake his evil Councellors and return to them representing the whole Kingdome there being no other way in the world to make his Majesty happy and his Kingdome safe And to confirm their Resolutions and to keep up their party that began to stagger at this refusal They order and declare That the Arms which they have and shall take up for the Parliament Religion Laws and Liberties of this Kingdome shall not be laid down untill the King withdraw his protection from such persons that are and shall be voted Delinquents and shall leave them to Iustice to the end that their Estates may
Aug. 16. Upon these grounds The Parliament of England take resolution and declare their approbation and thanks to the secret Council and Assemblie in Scotland for their desires of unitie in Religion and uniformitie in Church-government in the three Kingdoms we having say they often had that matter in debate concurring in judgment and experience of the manifold mischiefs which the Government of the Prelacie hath in all times and ages produced in this Church and State and so we hope to satisfie the Christian desires of our dear Brethren of Scotland although we know that hereby we shall exceedingly irritate that malignant partie who will bend all their forces to ruine that holy work and to ruine and destroy us in the undertaking being the very same partie which hath now incensed and armed his Majestie against us The very same Design of rooting out Reformed Religion endeavoured to begin that Tragedie in Scotland which being perfected in one Nation will be accomplished in the other Religion is the band and safetie of both And as we resolve by the national Covenant betwixt the two Kingdoms to be carefull of Scotland so we doubt not but the secret Council and Assemblie there will be always ready to express their brotherly kindness to us according to the Articles ratiâ—ied between both Parliaments and advantagious to all the professours of the Reformed Religion in Christendom And so this being the Proeme to their Declaration the Parliament goes on with lamentable sighs and groans from the bowels of their hearts for being obstructed in this piaculous work of true Reformation and after much striving and seeking God wrestling with the Engines of Satan they have jumped in resolution with their Brethren in Scotland that the Prelatical party is the cause of all distraction And being thus backed they take the boldness to declare That this Government by Arch-bishops Bishops their Chancellours and Commissioners Deans and Chapters Arch-deacons and other Ecclesiastical Officers depending upon the Hierarchie is evil and prejudicial to the state and Government of this Kingdom and resolve the same shall be taken away And according to our Declaration of the seventh of February we will consult with godly Divines to setle a Government of Reformation And intend that a Bill for this Assemblie may be passed for their Meeting the fifth of Novemb. next And desire their dear Brethren of Scotland to concur with them in petitioning the King for his approbation And because nothing will prosper without their handy work they pray them to send some out of their many good â—nd godly Divines of that Kirk to assist our Assemblie for setling of one Confession one Directorie and one Catechism in all three Kingdoms to the relief and deliverance of the poor afflicted Churches abroad and confusion of the tyrannie of Rome being the prime cause and fountain of all calamities bloudy massacres outrages cruelties and bitter persecution of Gods people and saints in all the Christian world for many ages Here is now a resolution to reform all Christendom and beat down Popery in a trice but the result was that under colour of Religion the Design went on and so prospered in outward success And now to encourage the well-affected to lend money and bring their Plate upon Publick Faith which without a mans strong belief could hardly get Customers to come in fearing belike that the Kings gentleness and mercy might agree to an Accommodation having been upon terms of Treaty on his part The Parliament therefore once again to ascertain their Resolution to fight it out to the last man and being confident of success do declare That the Arms which they have been forced to take up and shall take up for the preservation of the Parliament Religion the Laws and Liberties of the Kingdom shall not be laid down untill his Majestie shall withdraw his protection from such persons as have been voted by both Houses to be Delinquents and shall leave them to the justice of the Parliament to the end that those great charges and damages wherewith all the Common-wealth hath been burdened since the Kings departure from his Parliament may be born by the Delinquents And all his Majesties good and faithfull Subjects who by loan of moneys or otherwise at their charges have or shall assist the Common-wealth may be repayed and satisfied out of the Delinquents Estates And these Delinquents were sure to be made so out of the noblest and richest persons in the Nation against whom there could be found but the scent of Malignancie so that it became a huge crime first to be rich or able in any condition to be either Neuter or not wel-affected to the Parl. or to be suspected so to prove it a slender Accusation would serve the turn witness sundry persons which we shall have occasion to speak of ruined upon that score onely And first they begin with Iames Lord Strange Son and Heir of William Earl of Derby who to the intent and purpose to subvert the Laws c. did upon the fifteenth of July last past at Manchester in the Countie of Lancaster traiterously summon call together and raise great Forces and did kill murder and destroy Richard Percival a Linnen Webster for which the Parliament impeach him of high Treason And the sixteenth of September he is so published in all Churches and Chapels and Markets in the Counties of Lancaster and Chester and where the Parliament had any power for the County was mostly for the King against which party the City of London are desired to advance sixteen thousand pounds for setting forth ten thousand Dragoons and some Troops of Horse for suppressing that party upon Publick Faith which was soon raised but not repayed The King being at Shrewsburie whither Judg Heath came and advised for the Adjourning part of Michaelmass Term from the first Return In Octab. Sancti Martini Octob. 4. And at Bridg-North he proclames Thomas Nichols Humphrey Mackworth and Thomas Hunt Esq guilty of high Treason active men in the Militia and assisting the Kings Enemies in their Rebellion Octob. 14. The L. Fairfax for the Parl and Mr. Bellases for the King with considerable parties Commissioners on either side had concluded upon certain Articles concerning the peace in Yorkshire and dated the 29. of September To which the Parliament take exception That the Parliament gave no such authoritie to binde that Countie to a Neutralitie it being prejudicial to the whole Kingdom for one Countie to withdraw from the rest which thâ—y are bound by Law to assist It being derogatorie to the power of Parliament for private men to suspend the execution of the Militia and therefore it is ordered that no such Neutralâ—â—â—e be observed in that Countie without any defensive force whereby it will be open to the King to return with his Armie for Winter quarter in that plentifull Countie New-castle near for his Supplies by Sea And so they declare the Lord Faâ—â—fax and his
Kings partie are Masters of the Field with Garisons round about plentifully supplied from the King but the Parliaments partie in great want are likely to disband within ten days And this is the Relation from the Lord Fairfax Decemb. 10. 1642. The Counties of Norfolk Suffolk Essex Cambridg the Isle of Elie Hertford and City of Norwich are authorized to associate and their General the Earl of Essex gives Commission to the Lord Grey of Wark to command in cheif as Major General over those Counties with Instructions to govern accordingly The most part of the Earl of Newcastle's Forces lie upon the County towards Halifax and the clothing Towns imposing Taxes upon the Inhabitants according to their qualities from one thousand pounds to one hundred pounds proportionable who found a Light-horse at an hundred pounds every one who found Musket or Pâ—ke at fourty shillings And about the fifteenth of December lands Colonel Goring for the King with more Arms some Pieces of Ordnance and some Money and fourscore old Commanders with the Queens Standard and to joyn with the Earl of Newcastle And in this Moneth of December the Kings Forces prospered Westward Marlborough and Tadcaster taken with a great Defeat of their Enemy Winchester and Chichester won by the Parliament The noble Lord Aubignie Brother to the Duke of Richmond died and was buried at Oxford And now it was thought time for the City to speak for themselves they well know what an odium lodged upon their disloyalty and therefore they petition the King how they are deeply pierced with Gangrene-wounds of his Majesties fear to hazzard his person in returning home to his Citie they abhor all thoughts of Disloyaltie making good their late Solemn Protestationâ— and sacred Oath with the last drop of their dearest bloud to defend and maintain the true Reformed Protestant Religion and your Majesties royal person honour and estate and do hereby engage themselves their estates and all they have to defend your Majestie with as much love loyaltie and dutie as ever Citizens expressed towards their Sovereign They are answered That his Majestie can distinguish some good Subjects in the Citie from the bad not all guiltie but what confidence can the King have there where the Laws of the Land are notoriously despised and the whole Government of the Citie submitted to the arbitrarie power of a few desperate persons of no reputation and names them Pennington their pretended Mayor the principal Authour of these Calamities which threaton ruine to that heretofore famous Citie Ven Foulk and Manwaring all of them notoriously guiltie of Schism and high Treason in oppressing robbing and imprisoning his good Subjects because they will not rebell against his Majestie nor assist those that do not that he condemns all for some that are guiltie and yet he offers his gracious pardon to all except such as are excepted if they shall yet return to their dutie if not he sums up the miserie that will necessarily fall upon every such person as shall continue acting and assisting the Rebellion This Answer full and home to the Cities conscience startled many into reluctancy when it was therefore thought fit by the Parliament to visit their Common Council and to caress them with a Committee of some Members lest this Answer should work too much with reluctancy And are told by Mr. Pym and others That this Answer reflects with wounding Aspersions upon persons of very eminent Authoritie of very great fidelitie amongst them that the Parliament owns them and their actions and will live and die in their defence and evermore concluding that their protection is the Armie and that it is hoped they will enlarge their Contributions for the maintenance of this Armie wherein as they have been liberal in former necessities so now they will exceed for safetie of themselves At the end of every period which Mr. Pym made in his Speech the applause was so great and so loud that he was silenced not without jugling and so concludes Worthy Citizens turning to the Rabble you see what the Parliament will do for your Lord Mayor and you 〈◊〉 your affections to do for the Parliament and State To which they replied We will live and die with them live and die with them All which says their printed Paper we may sum up in that Triumph of that Man of God In the thing wherein they dealt proudly God was above them There were some humble Desires and Propositions presented to the King at Oxford February 1. by four Lords and eight Members of the Commons but with so wilde and ranting a Preamble and the Desires so peremptory no less than fourteen viz. To disband his Armie and to return home to his Parliament Leave Delinquents to Trial Papists to be disarmed Bill for abolishing the Church-governours and Government and to pass such other Bills as shall be devised for a new Reformation Recusants to abjure Papacie To remove malignant Counsellours To settle the Mâ—litia as the Parliament please To prefer to the great Offices and Places of Iudicature such of the Parliament as they name and to take in all such as have been put out of Commissions of the peace A Bill to vindicate the Lord Kimbolton and the five Members To enter Alliance with his Proâ—estant Neighbours for Recoverie of the Palatinate To grant a general pardon with Exception of the Earl of Newcastle the Lord Digby and others To restore such of the Parliaments Members to their Offices and Places and to satisfie for their Losses c. The King answers with amazement If he had not given up all the faculties of his soul to an earnest endeavour of â—eace and Reconciliation or if he would suffer himself by any proâ—â—â—â—tion to be drawn to a sharpness of language at a time of Overtures of Accommodation he could not otherwise but resent their heavie charges upon him in the preamble and not suffer Reproaches which they cast upon him but his Majestie will forbear bitterness or the heat of his own sufferings throughout that if it be possible the memory thereof may be lost to the world And how unparliamentarie it is by Arms to require new Laws And he is pleased that a speedie time may be agreed upon for a Meeting and to debate those Propositions of theirs and these of his viz. That his own Revenues Magazines Towns Ships and Forts be restored That what hath been done contrary to Law and the Kings right may be renounced and recalled That all illegal power claimed or acted by Orders of Parliament be disclaimed The King will readily consent to the execution of all Laws made or to be made concerning Popery and Reformation so he desires a Bill for preserving the Book of Common Prayer and against Sectaries That all persons to be excepted against in the Treatie may be tried per pares with the cessation of Arms and for a free Trade But nothing followed till the third of March. In the North parts from
Yorkshire this Account came to the Houses that Sir Hugh Cholmley for the Parliament hath carried himself gallantly giving several Defeats to the Enemy at Malton and on the sixteenth of Ianuary joyning his Forces to Sir Matthewâ—Bointon they fell upon Colonel Slingsbie at Gisborough who was defeated and six hundred Horse and Foot that had done much spoil in the North. Slingsbie taken Prisoner and an hundred and fourty persons besides many killed and two hundred Arms recovered About Bradford and Hallifax God hath blessed my Son Sir Thomas says the Lord Fairfax having seized the Lord Savil's house at Howley and his Design against Leeds was thus he drew out from Bradford thither where Sir William Savil commands in chief after Summons the Assault began with great resolution on his Sons part the Town being fortified on all sides furnished with two Brass Sakers and manned with fifteen hundred Souldiers yet they forced an entrie in two Hours fight with loss on both sidesâ— not more than fourtie men but Sir Thomas took four Colours and five hundred Prisoners of which six are Commanders many Arms the Sakers and all their Munition On the Parliaments part were lost thirteen men Captain Brigs and Lee sore wounded The people observed he says that Sir William Savil and the chief Commanders on the other side soon after the Fight began fled by secret ways towards Pomfrait and their men after them by degrees but by the way Serjeant Major Beaumont was drowned crossing the River and Sir William narrowly escaped the like Sir Thomas intended to have marched to Wakefield where Sir George Wentworth commanded but the Enemie in fâ—â—â— was fled to Pomfrait and so Wakefield is invested for the Parliâ—â—â—nt The five and twentieth of Ianuary the Kings Forces marched out of Doncaster which was soon taken up by six Companies of Foot till more Forcesâ— shall come from the South to keep it The Earl of Newcastle hath drawn down all his Forces from the South of Yorkshire excepting those that keep Pomfrait Castle and yesterday marched from Sherborn to York with six and thirty Colours two Pieces of Cannon and three and fourty other Carriages and supposed to meet the Arms and Munition coming from Newcastle or to prepare for the Queens entertainment at York Selbie Ian. 26. 1642. Fer. Fairfax There had come forth two Proclamations the one from the Earl of Cumberland dated the first of December last the other from the Earl of Newcastle Ianuary 17. last publishing Ferdinando Lord Fairfax Sir Thomas Fairfax Sir Edward Loftus Sir Matthew Bointon Sir Henry Forbes Sir Thomas Malleverer Sir Richard Darby Sir Christopher Wray Sir Henry Anderson Sir Iohn Savil Sir Edward Rodes Sir Hugh Cholmley Sir Thomas Rennington Sir Thomas Norcliffe Knights Io. Hotham Tho. Hatcher Will. Lister Iohn Legard Io. Dudsworth Iohn Wastel Iohn Perce Willâ—White Iohn Robinson Arthur Beckwith Thomas Robinson and Thomas Stockdel and divers others and their Adherents to be Traitors which the Parliament resenting do as much against the Earls and so are alike quit upon that score The King had proposed a Treaty February 3. together with the cessation of Arms sixteen days since to which he received no Answer but puts them in minde thereof again whereupon the Parliament vote That there shall be a Treaty upon the Propositions before the disbanding and to begin March 4. next for twenty days and no more and a safe conduct desired by the Parliament for their Commissioners the Earl of Northumberland Lord Say Mr. Perpoint Sir William Ermine Sir John Holland and Mr. Whitlock But the King excepts against the Lord Say having been proclamed Traitor the third of November at Oxford and by Writ to the Sheriff to proceed agaisnt him for high Treason and so he was not admitted the rest were March 3. Oxford The Cessation of Arms was thus limited That all Arms Victuals Money Bullion and all commodities passing without safe conduct may be seized on either sides and the persons so passing That the Kings Forces in Oxfordshire shall advance no nearer Windsor than Wheatly and in Buckinghamshire no nearer to Alisbury than Brill and in Barkshire either Forces to contin â—e as they are The Parliaments Forces in Oxfordshire to advance no nearer to Oxford than Henley In Buckinghamshire no nearer than Alisbury The Kings Forces shall take no new Quarter nearer than twelve miles from Oxford any way nor the Parliament twelve miles from Windsor where the Parliaments Armie lay That no Siege shall be against Glocester but the Kings Forces to return And that the Parliament Forces remain as they are in Glocestershire c. February 28. And having treated without any success the Committee returns to the Parliament the seventeenth of April after During this Treaty comes out a weekly Assessment from the Parliament of England and Wales which amounted unto thirty three thousand nine hundred eighty one pounds thirteen shillings vast sums additional to the former and others subsequent In this time the Queen in Holland now imbarques for England the sixteenth of Feb. and with contrary windes and foul weather was forced back again and thereafter with much hazzard anchored at Burlington Bay the nineteenth and lands at the Key the two and twentieth wiâ—h Officers Munition and Money To her comes the Earl of Montrose and Lord Ogleby with two Troops of Horse being now received at York and the Queen forming a pretty Army whereof she hath the command and meets the King hereafter at Edg-hill three moneths hence Indeed she had been in very great danger in her passing out of Holland of which the King assures her he shall not be out of apprehension untill he may have the happiness of her company Thinking it not the least of his misfortunes that for his sake she hath run so much hazzard which it is impossible for him to repay but his heart being full of affection for her and admiration of her and impatient passion of gratitude to her he could not but say some thing leaving the rest to be read by her out of her own noble heart Oxford Febr. 13. 1642. The County of Glocester being mostly engaged in the Parliament service in the midst of their Enemy Oxford being the Kings head Garison Herefordshire his Forces Worcester entertain'd a strength Wales under power of the Lord Herbert The Earl of Essex and his Army drawn to London the Parliaments Forces in the West have their hands full two Regiments at Bristol and one at Glocester this County the most likely game for winter action but the strength of the County drawn to Cirencester a Frontier Town towards the Kings head Quarters and now made a Garison and Colonel Thetiplace that commanded a Regiment and two Companies of Foot added after some Horse and Dragoons raised by the Countrey and the rest of the Militia were to assist in danger more voluntary than regular but resting chiefly on Sir Robert Cook Sir Iohn Seymer Mr. Stephens and Mr. Hodges with
which met the three and twentieth of March and sate till the seventeenth of April without any good effect and it is no wonder for sithence the first occasion taken to quarrel with the King which I reckon to be Ianuary 1641. concerning the Lord Kimbolton and the five Members how many Messages Answers Remonstrances passed from him and in the most of them a continual complying for a peace both heretofore and at Nottingham which the Parliament Member is pleased onely to remember but several times since on the Kings part 'T is true they sent their humble Desires and Propositions to the King February 1. but the Kings Answer and Offer then begat this Treaty now and it was a Moneth after ere the King had Answer and consent but how to begin the fourth of March and to last but twenty days The Votes agreed on were these So much of the Kings Propositions as concerneth the Magazines Forts and Ships and the Propositions of the Parliament for the disbanding of the Armies should be first treated and concluded on before they did proceed to any other Propositions A short time for twenty general Propositions fourteen of theirs and but six for the King but the former day agreed to sit was spun out in Debates and Votes till March 21. when their Committee comes to the Court at Oxford but with Commission so limited and circumscribed by private Instructions that they had not power to explicate the Terms or agree to Expressions And though the King desired That a Cessation might be granted during the Treaty and free Trade during the Cessation and that all matters might be setled by their Committee But not granted for after in small time spent in Disputes and the Committee not able to make Reply immediately they had a Message Not to consume any more of the time in any further Debates upon the Cessation Now for the Propositions the Committee had no power to enter into any Treaty of them before the Articles of Cessation were assented to which seems a Riddle if you observe it But the King being willing to treat however had much to do to procure the Parliaments consent but to the two first Propositions though to his disadvantage And the King willing to expedite the business desired a Copy of their Instructions which they utterly refused But when they desired to repair to him for satisfaction of any Doubt concerning his Papers before such time as they transmitted them to the Parliament he presently condescended which shews clearness in him reservedness in them But to the business PROP. I. His Revenue of which though he was totally deprived into the condition of a private Gentleman yet had they confidence to tell him That they had received a very small proportion of it which for the most part was imployed in the maintenance of his Majesties Children But the King was content to rest upon the promise of the Parliament to satisfie him for the Arrears due and to leve the same for the future in the former way as before the War yet this came not from them without a clog upon condition That the King would restore what had been taken for his own use upon any of the Bills assigned to other purposes by Act of Parliament or out of the Provision made for the War in Ireland as if the King had converted some sums of money for Ireland to his own use when it was made evident that the King had none but that the Parliament Treasurers received all so that this point was soon agreed upon PROP. II. Magazines Forts and Ships The Magazines were agreed after the Treaty to be delivered to the King into the Tower of London but much controverted into whose custody whether into such hands as the Parliament would name or into the custody of the sworn Officers unto whose place it belonged but the Parliaments pleasure carried it As for the Forts the Parliament would have all Forts and Castles to be put into such hands as they should confide in and so for the Cinque Ports The King would put in such against whom no exception can be made and would remove them upon just cause and reason of misdemeanour And for the Cinque Ports a noble person was intrusted by him and in justice he could not put him out without just exceptions And for the Ships also the like but for all of those it is resolved by the Committee That the Parliament shall have the approbation of either of the persons into whose hands they should be put The King on the contrary thought to have all his own rendered to him without conditions so peremptory But whilest they were treating on these particulars and so much time spent to receive the Parliaments direction to their Commissioners at this distance the King sends a Message to the two Houses April 12. 1643. That as soon as he was satisfied in his first Proposition concerning his own Revenue Magazines Ships and Forts in which he desired nothing but his just legal and known Rights to be restored to him and to persons trusted by him And as soon as the Members of both Houses should be restored unto the same capacity of Sitting and voting in Parliament as they had upon the first of January 1641. exclusively of such whose Votes had been taken away by Bill or by new Elections or new Writes and that as soon as his Majesty and both Houses may be secured from such tumultuous Assemblies as to the high dishonour of the Parliament had awed the Members of the same which he conceived could not otherwise be done but by adjourning the Parliament to some place twenty miles from London such as the Houses should agree upon his Majesty most chearfully and readily would consent to the disbanding of the Armies and would return speedily to his two Houses of Parliament according to the time and place which they should agree upon To which the Parliament vouchsafed no other Answer than the calling back of their Commissioners the next day after and the dissolving that Treaty which ended April 15. being the day by them determined And immediately after General Essex marches on to besiege Reading Sir Iohn Hotham having heretofore quarrelled with the King and done so much for the Parliament was not willing to be subject to any Overseer and so had no heart to submit to the Lord Fairfax the Northern Commander for the Parliament and upon complaints on either side Hotham had the fewer Friends and therefore the Parliament writ a Letter discovering their intention to displace him which he intercepted and returns and angry Letter to the House of Commons full of Expostulations and after all That if they harboured any such Designs they would finde it sooner said than done And from henceforth he was unsetled towards them The Lord Brook for the Parliament having in the beginning of March the Convoy of some Ordnance from London to St. Albans marched forward to Northampton and plundered it of some Ammunition and went
Eccleshal Castle surrounded with the Enemies Garisons the Governour the more wary adds to his former number of Men and gets in good Provisions and prepares for a Siege And long it was not ere Sir William Brereton Colonel Gell Colonel Greeves Colonel Ridgby and Colonel Iackson joyning Forces with the Counties of Stafford and Derby fell suddenly into Eccleshal Town and with easie bickering got possession of it standing in guard within the Church which faces the Castle The Governour burns all about not an Out-house Barn or Stable affords them other shelter The next day Brereton summons the Castle for the King and Parliament Bird makes present Answer That his Commission was to keep it for the King and unless the other could produce his Majesties Warrant to the contrary it would be labour lost to expect any other Reply but what power and strength should enforce Immediately the Besiegers with two Pieces of Cannon of four and twenty pound Bullet played all day against the Wall without any effect the next day they battered a Turret which at the last fell down and hurt three men and so their Ordnance continued their utmost force for a Week vvhen by so long trial they could not make any Breach they drevv off their Guns and made a Line to surround the Castle not so soon done but that they vvere fain to endure the good effects of several Sallies out of the Castle whereby he lost a Lieutenant and others and some hurt with greater execution on the Enemy And thus it continued for some Moneths with extremity to whose Relief the King sends in September the Lord Capel and the Lord Loughborough with considerable Forces against whom the Besiegers not able to withstand quit their Trenches and retire to the Church and there fortified themselves Then forthwith the Governour sends out what Forces he could spare joyning with the Lords sufficient now to attempt upon the Church by straitning or storming But it seems they had order onely to relieve the Castle not to fight afterwards and force the Enemy away but to be gon themselves and so to leave the business to desperation which the Governour knew would be destruction which he could not prevent and therefore with long dispute and many reasons offered and nothing prevailing he delivered it up to the Lords who put in one Captain Abel a Dane to command there But the old Souldiers not pleased with their New Governour and a stranger to them and a Foreign most of them immediately quit their service and marched away with Captain Bird. The Castle thus relieved the Parliament Commanders call a Council and now resolve to draw off and quit the Siege but a false brother discovering the weakness of the Castle and the discontent with their New Governour the Enemy attempts the battery again and after two daies the Dane surrenders it upon reasonable quarter Thus while the fight they Parliaments Ordinance commands all men to pay nothing to his Majesty the Queen or Prince which is due or ought to be paid unto them whereas the Lords and Commons in September last passed an Ordinance for seizing upon all his Majesties the Queens and Princes Revenues and for receiving all and all manner of Rents certain or casual in England and Wales with all the Arrears and Debts any way due to his Majesty Queen or Prince shall be paid to the Receivers of the Committee for the Revenue c. whose Acquittances shall be sufficient discharge There was late news from Virginia that the Plantation there denied contribution to the Emissaries of the Parliament complaining of the obstruction of their trade at London whereupon an Ordinance of Moderation came forth For abating the Excise upon Virginia Tobacco that the Protestants their brethren in other Countries may not suffer among Malignants and Delinquents in England endeavouring to gain upon Foreign Plantations which in truth were first setled mostly by such as could not indure Discipline at home Sir William Waller having deserved well of the Houses had a new Commission to be Sergeant Major General of Hampshire Surrey Sussex and Kent having layen long before Arundel Castle and this Commission being promised heretofore the General Essex obstructed it being suspected to play his own game with much vanity It was wonderfull how much the Lectures were frequented in London the Town so full of Schollars calling themselves plundred Ministers and so began the coloured Leaguer long Cloak Boots and Spurs as constantly in the Pulpit as heretofore the Gown Canonical Cloak or Cassock but then the Independant a new name for such as liked neither were working to set up themselves or rather thaâ— spirit that set the other at work plaies tricks with them and scatters them into thoughts and factions grinning on each other but yet not setled into tenents neither so that moderate men could not as yet tell what to make of either The Parliament therefore publish their Manifest in effect That it belongs to Christian Magistrates to be Leaders in Reformation of the Church That it is the dutyâ— of all people to pray for them and wait upon them That the Parliament have required the Assembly of Divines to make the VVord of God their own Rule That nothing can be more destructive against the cause of Religion than to be divided amongst themselves That the Assembly and Parliament for so it runs will not onely reform Religion throughout the Nation but will concur to whatsoever shall appear to be the Rights of particular Congregations That all people forbear till they see whether the right Rule will not be commended to them in this orderly way we enjoying more Liberty to serve God than ever was seen in England Here 's fast and loose the People in doubt what Profession to undertake or by this Declaration of what Religion was the Parliament then began Iack Presbyter so styled to be baffled in every Pamphlet and they again to return encounters the people had sport enough to be for neither and in truth of no profession at all but went a wool-gathering to pick up the flieces pilled from the Orthodox Ministry now in much misery mourning for the fall of Sion The Committee for Innovations appointed Workmen to pull down that famous Organ in St. Paul's Church at London and it was imprinted the like they did in King Henry the Seventh's Chapell at VVestminster and all other parochial Churches in and about London and so by degrees the whole Church of Paul's not repairing but uncovering the Roof whereby in time the whole Church and Steeple will fall down after so great a Sum of Money that had been heretofore contributed to the Repair or rather re-edifying thereof more gracefull than the first erecting And now the Parliament do publish That whereas his Majesty doth make a VVar against his Parliament for the promoting thereof divers Forces both of Horse and Foot have been and are levied therefore that no man be mislead through ignorance the
Ordnance before to choose out so many commanded Musquetiers of the English of late come out of Ireland as might well be spared out of that Garison These were a thousand Musquetiers of Colonel Broughtons and Colonel Tilliers Regiments with a hundred and twenty of Colonel Sir Fulke Huncks All these sent down by the Severne met the Prince at Bridgenorth on Fryday Of Horse he took along his own Troop and Regiment with twenty of Major General Sir Hurrey's with these Forces he drew along three Field-pieces At Wolverhamton next day was his Army recruited by a hundred Horse and two hundred Foot of Colonel Levesons On Munday night he had notice at Ashby de la Zouch of two thousand two hundred Enemies under Sir Edward Hartop sent out by Meldruâ—â— to the pass and bridge over the Sore a mile from Loughborow in Leicester-shire Their purpose was either to intercept General Major George Porter or to prevent his joyning with my Lord Loughborow For thither with four Regiments of Horse and aâ— thousand commanded Musquetiers of my Lord of Newcastles men was Master Porter now come from about Newark to hinder the farther inroads into Leicestershire Dayly slight Skirmishes here passed For Meldrum not able to force the passaâ—â— and hearing of my Lord of Loughborow's drawing out they stole away Porter thus dis-ingaged was the next day together with my Lord Loughborow's forces conjoyned to the Prince's That night they all quartered in a Close by Bingham eight miles short of Newark About two of the clock the Moon then well up the drums beat and all marched Hitherto had the marches been so speedy as fame it self was prevented for by Meldrum's own Letter sent to the Lord Fairfax which was intercepted the night before they had no more but an uncredited rumor of Prince Rupert's coming On this dayes march Rupert had notice by his espyalls how the Enemies were busied all that morning in sending away their Cannons which proved no other then their drawing them off their Batteries into their chiefe work at the Spittle or Excester House a little more then musket shot from the Town for into that one Quarter had they that morning drawn all their Regiments and Amunition The Prince having intelligence of their amassing themselves into one Body which he supposed a preparation to march off suddenly advanc'd his Van of Horse upon the spur to overtake them the rest of his Horse had order to keep along with the Foot Cannon and Amunition Coming near the Beacon-hill a mile short of Newark he perceived some Horses of the enemies who upon his approach drew down the other side to their own Grosse The Prince thus easily gaining the hill increased his natural courage upon his apprehension besides of having many advantages upon a retreating enemy Whereupon Courage sayes he let 's charge them with the Horse we have and ingage them till our Reer and Foot be march'd up to us Trooping thus to the edge of the hill he perceived the most of the enemy in Battalia Horse and Foot near the Spittle all except four great Bodies of Horse who expected him at the very descent of the hill The Prince thus ordered his own few Forces first himself with his own Troop of Life-guards undertook to attack that Body on the left hand appointing my Lord Loughborow's Troop to second him and Colonel Gerard's Troop to be as a Reserve a little on my Lords right hand The Princes Regiment was cast out into five divisions two Troops to each division in the first and very right hand of all were Captain Gardiner and Captain Richardson then Captain Cobb and Captain Martin then the Lord Grandison and Sir Thomas Dallison next them the Troops of Sir Lewis Dives and the Lord Dillon Major Leggs and Lieutenant-Colonel O-Neales Troops being next unto the Life-guards this Regiment was seconded by Major General Porters Regiment the Field-word was King and Queen theirs Religion The fight began about nine a clock and after a while grew sturdy especially on Rupert's right wing the other doubling their files from three to six deep and charged two outmost Troops upon the Flanks so hard that Captain Martin came timely in to help to beat them off the Prince himself having pierced deep into the enemies and being observed for his valour was dangerously at once assaulted by three sturdy persons whereof one fell by Rupert's own sword a second being pistoll'd by Master Mortaigne one of his own Gentlemen the third now ready to lay hand on the Princes collar had it almost chopt off by Sir William Neale He thus dis-engaged with a shot only in his gauntlet with Sir Richard Crane and his own Troop charged quite thorow that Body pursuing them in rout home to their very Works at the Spittle presently after this his Regiment with their seconds likewise routed the three other Bodies four of the Troops charging even into the Work and bringing away a Captain Prisoner Loughborow also deported himself honourably some of his shrunk at the second charge himself rode back to rally and bring them up again Major-general Porter charged with much bravery though some of his also retired up the hill in disorder Colonel Charles Gerard did here like himself but by the fall of his horse was bruised shot in the arm and taken prisoner After a while both sides began to rallie and make ready for a second charge the Prince to make impression and they to receive it and though for a good while they disputed it toughly yet by fine force were they and all the rest driven quite out of the Field beyond their own Work Foot and Cannon at the Spittle divers of them hasting by a bridge of boats over that branch of the Trent into the Island four other Troops with as many Foot-companies hasted up to Muskham bridge upon the other side of the Island and main stream of the River about three quarters of a mile both from Newark and the Spittle here they stayed till towards evening when breaking the bridge behinde them and throwing one piece of Cannon into the Trent they then hastned to Nottingham In both these stiffe bouts the Prince took Five Cornets and Ninetie Prisoners whereof three Captaines some Gentlemen three Cornets besides other Officers and two Cannoniers And now as if an universal truce had been agreed upon there was some half an hours silence excepting that the enemies Cannonado's disturbed it For the Foot had not yet advanced and their Horse by this time had enough of it As for the Prince he now stayed for his Foot and Reer of Horse both left full two miles behinde when his Van began to double their march to overtake the enemy anon came up his Foot all that day commanded by Colonel Tilliar these resting themselves a while upon the hill the first division being part of those that came from Shrewsbury were led on by the Colonel these marcht down in the face of the enemy hooting at their Cannon these
in him by the Parliament and adhered to the Enemie to be proved by his words by his Letters and by his actions and 1. His compliance with the Enemie the Lord Digby and the Marquess Newcastle 2. His Refusal to supplie the Lord Fairfax with Amunition to the great Disservice of the Parliament and prejudice of the Affairs in the North. 3. His uttering divers scandalous words against the Parliament and Close Committee 4. His endeavouring to betray the Town of Hull to the Enemie 5. His holding correspondencie with the Queen by several Messengers 6. His causing a Demi-culvering to be planted on the top of the Castle against the Town and two Pieces in the Block-house to give fire on the Parliament Ships 7. His sending away Mayor Captain of the Ship Hercules 8. His quitting of the Garison at Beverley which strengthened the Town of Hull 9. His endeavouring to escape so soon as his Designs were discovered All which were proved upon him by several Witnesses above thrity persons and that was the business of this day On Munday after he comes to his Defence beginning with a tedious Narrative of his faithfulnesâ— in maintaining the Town of Hull against his Majestie at the beginning of the War when he might have expected great preferment and advantage To the first Article he saith That Captain Mayor sailing forth to meet the Providence the first Ship that brought the King Amunition took a Catch in the River Humber wherein was the Lord Digby in disguise of a French man Col. Aâ—hburnham and Sir Edw. Stradling whom he brought Prisoners to Hull where the Lord Digby told him that he was a Souldier of Fortune and for his Libertie would adventure to the Enemie and give Sir J. Hotham Intelligence which accordingly he did and returned several times but at last gave the slip and then sent a Letter of Inticement that he was the Lord Digby and wished him to return to his Allegeance to his Sovereign after which he had no further Treatie with him That he treated with the Marquesse Newcastle was to no other end but to keep the Riding of Yorkshire free from plunder for the maintenance of Hull which was then destitute of money That for the Letters which he should send to the Marquess He alledged he knew not but that they might be counterfeit being only like his hand Then he proceeded by way of defence producing Witnesses on his own part which were Commissarie Coply and other Knights and Gentlemen on purpose only to take off the testimonie of Examinants against him but they proved to little effect And so after some daies spent in examining Witnesses pro and con he was sentenced 7. December to be carried back and from thence to the place of Execution to suffer death by having his head cut off Two daies after comes his Son Captain Hotham to his Trial. His Charge against him was in effect That he being a Commander in the Parliament Service had Traiterously betrayed the Trust reposed in him perfidiously adhering to the Enemy all which would be proved And was by the Advocate of the Court the chief matters were these That he had been disobedient to the Commands of the Lord Fairfax Commander in chief of the Northern Counties and that he had refused to account for the Parliaments moneys raised in Yorkshire and converted to his own use And for his adhering to the Enemy It was instanced by his going into the Enemies Quarters and returning without any ingagement His several private Treaties with the Enemy under pretence of Exchanging Prisoners and private discourse with the Marquesse Newcastle twice by his own confession and that the Marquesse offered him to be made a Lord and to have General Gorings Command or any other Honours if he would turn to the King His omitting several opportunities to fight with the Enemy and permitting a Convoy from the Queen with Arms upon her first landing at Burlington and to passe to York without fighting That Lord General Cromwel being in Lincolnshire with him upon a Design against the Enemy Hotham was to Charge the Right Wing and Cromwel the Left whom he Routed and Chased them above two miles who returning found the Enemies Right Wing unmoved and so Hotham had not charged at all That after the discovery of some of his Treachery and whilst committed prisoner to Notingham Castle he sent his Servant John Keyes swearing him to secrecy with a Message to the Queen then at Newark how he was imprisoned and to be speedily sent up to the Parliament or to the General and prayes her Majesty to send a Party of Horse to rescue him and that he had a Regiment of Horse under his Command and should be ready for the Service she expected in Lincolnshire That his Company of Foot at Lincoln the Town of Hull Beaverly and the Ship called the Hercules were all at her Majesties Service That after his being released from Nottingham Castle he went to Lincoln and gave out many scandalous Speeches invective against the Parliament with inticements to Colonel Rositer to betray his trust who detesting such perfidie Hotham went to Hull to his Father and forthwith both of them received Letters from the Marquesse Newcastle about the betraying of Hull and other matters And that the day before they both were apprehended at Hull 18. June 1643. Hotham writ to the Marquesse an Answer to his Letters which were found in his Chamber sealed not having time to send them away wherein much of his treacherie was therein laid open On Thursday 12. Decemb. Hotham makes his defence large and verie formal from four afternoon till eight at night That he treated with the Enemie for the Parliaments advantage in setling a course for exchange of Prisoners and the like which he conceived he might doe without acquainting his Superiour and to that purpose pleaded the priviledge of all Commanders instancing divers and that he knew no Law against it nor was it prohibited by the Ordinance of War That before he adventured upon Treaties he still had advice of his Commander in Chief Sir John Hotham and some of his own Captains That for his not fighting the Queens Convoy they were far stronger yet he attacked the Rear as far as he might with safety And had learned this Maxim of War that a Commander in Chief is not to adventure upon an Enemy but upon advantage or compelled by necessity That for the businesse betwixt him and Lord General Cromwel He offered to prove that he charged the Enemies Right Wing to the utmost though it proved not so effectual as the others Actions upon the Left Wing That when he was committed to Notingham not knowing his crimes or by whose Order committed He sent to his Father to Hull to enquire the cause but denyed he sent his servant to the Queen and made many Objections against his man Keyes testimonie therein The words which he spoke to Rositer he confessed but were in passion and he recalled them
indignitie of his carriage to do or say any thing unbeseeming my self or unsutable to that temper which in greatest injuries I think best becom's a Christian as coming nearest to the great example of Christ. And indeed I desire alwaies more to remember I am a Christian then a King for what the Majestie of one may justly abhor the charitie of the other is willing to bear what the height of a King tempteth to revenge the humility of a Christian teacheth to forgive Keeping in compasse all those impotent passions whose excess injure's a man more then his greatest enemies can for these give their malice a full impression on our soules which otherwaies cannot reach very far nor do us much hurt I cannot but observe how God not long after so pleaded and avenged my cause in the eye of the world that the most wilfully blinde cannot avoid the displeasure to see it and with some remorse and fear to own it as a notable stroak and prediction of Divine vengeance First Sir John Hotham unreproached unthreatned uncursed by any language or secret imprecation of mine only blasted with the conscience of his own wickedness and falling from one inconstancie to another not long after paie's his own and his eldest Son 's heads as forfeitures of their disloialtie to those men from whom surely he might have expected an other reward then thus to divide their headâ— from their bodies whose hearts with them were divided from their King Nor is it strange that they who imploied them at first in so high a service and so successful to them should not finde mercie enough to forgive him who had so much permerited of them For Apostacie unto Loialtie some men account the most unpardonable sin Nor did a solitarie vengeance serve the turn the cutting off one head in a Family is not enought to expiate the affront don to the Head of the Common-weal The eldest Son must be involved in the punishment as he was infected with the sin of the Father against the Father of his Countrie Root and Branch God cut 's off in one day These observations are obvious to every fancie God knows I was so far from rejoicing in Hotham's ruin though it were such as was able to give the greatest thirst for revenge a full draught being executed by them who first imploied him against me that I so far pitied him as I thought he at first acted more against the light of his Conscience then I hope other men do in the same cause For he was never thought to be of that superstitious sowerness which some men pretend to in matters of Religion which so darkens their judgment that they cannot see any thing of Sin and Rebellion in those means they use with intents to reform to their Models what they call Religion who think all is gold of pietie which doth but glister with a shew of zeal and ferveney Sir John Hotham was I think a man of another temp erand so most liable to those down-right temtations of ambition which have no cloak or cheat of Religion to impose upon themselves or others That which makes me more pitty him is that after he began to have some inclinations towards a repentance for his sin and reparation of his duty to me he should be so unhappie as to fall into the hands of their Iustice and not my mercy who could as willingly have forgiven him as he could have asked that favour of me For I think Clemency a debt which we ought to pay to those that crave it when we have cause to believe they would not after abuse it since God himself suffers us not to pay any thing for his mercy but only praiers and praises Poor Gentleman he is now becom a notable monument of unprosperous Dislloyalty teaching the world by so sad and unfortunate a spectacle that the rude carriage of a Subject towards his Soveraign carries alwaies its own vengeance as an unseparable shadow with it and those oft prove the most fatal and implacable Executioners of it who were the first Imployers in the service After-times will dispute it whether Hotham were more infamous at Hâ—ll or at Tower-Hill though 't is certain that no punishment so stains a mans Honour as wilful perpetrations of unworthy actions which besides the conscience of the sin brands with most indelible characters of infamy the name and memory to posterity who not engaged in the Factions of the times have the most impartial reflections on the actions The squeamish stomachs of the Scotish Army could not brook the Orders and ceremonies of the Church of England in and about their Quarters at Newcastle and therefore they write to the Committee of both Kingdoms at Westminster of the disorders of the Church in several parts of this Kingdom and desire a settlement of Religion in the Worship of God and government of the Church Which no sooner conceived but instantly the Parliament confer and concur that the Assembly of Divines should speedly bring in such particulars as they had digested for finishing a government of the Church to be approved by the Houses November 4. the Scots Letters was seconded the same day with a Petition subscribed by thousands of hands the easy and old way of signing Iohn a Nokes and Iohn a Stiles to make up a confused number confirming the Scots desires and that such as do refuse the Covenant might be punished If a due and orderly course had been herein they might have punished many Members that made this Law who never took that Covenant The Assembly were ready and by the 12. day resolved upon the Presbyterial way but being now in hot sent divers Divines dissented and spent much time in the debate of the House And by the 22. of November they had finished so far as concerning Prayer reading of Chapters Preaching and Baptisme but as to the Sacrament of the Lords Supper it was committed and soon resolved all may receive but the prophane and ignorant How rightly to discern such is that which puzled the chair-Man Then the Parliament vote the Abolishing of the Book of Common Prayers and as earnest the same day for passing an Ordinance against the Arch Bishop of Canterbury so that he and the Book were Martyred together Hereupon the King concludeth It is no news sayes He to have all Innovations ushered in with the name of Reformation in Church and State by those who seeking to gain reputation with the Vulgar for their extraordinary parts and piety must needs undo what ever was formerly setled never so well and wisely So hardly can the Pride of those that sâ—udie Novelties allow former times any share or degree of wisdom or godlinesse And because matter of Praier and Devotion to God justly bears a great part in Religion being the Souls more immediate converse with the Divine Majestie nothing could be more plausible to the People then to tell them They served God amiss in that point Hence our publick Liturgie or
confined to fit words So slight and easie is that Legerdemain which will serve to delude the Vulgar That further they should use such severitie as not to suffer without penaltie any to use the Common Prayer Book publickly although their Consciences binde them to it as a Dutie of Pietie to God and Obedience to the Laws Thus I see no men are prone to be greater Tyrants and more rigorous Exacters upon others to conform to their illegal Novelties than such whose pride was formerly least disposed to the obedience of lawful Constitutions and whose licentious humours most pretended conscientious Liberties which Freedom with much Regret they now allow to me and my Chaplains when they may have leave to â—â—rve me whose Abilities even in their extemporarie way comes not short of the others but their Modestie and Learning far exceeds the most of them But this matter is of so popular a nature as some men knew it would not bear learned and sober Debates lest being convinced by the Evidence of Reason as well as Laws they should have been driven either to sin more against their knowledg by taking away the Liturgy or to displease some Faction of the people by continuing the use of it Though I believe they have offended more considerable men not onely for their Numbers and Estate but for their weightie and judicious Pietie than those are whose weakness or giddiness they sought to gratifie by taking it away One of the greatest Faults some men found with the Common Prayer Book I believe was this That it taught them to pray so oft for me to which Petitions they had not Loyaltie enough to say Amen nor yet Charitie enough to forbear Reproaches and even Cursings of me in their own Forms in stead of praying for me I wish their Repentance may be their onely punishment that seeing the Mischiefs which the Disuse of publick Liturgies hath already produced they may restore that credit use and Reverence to them which by the ancient Churches were given to Set Forms of sound and wholesome words But Praier upon all occasions must be ex tempore and to pick and chuse what Chapters or Psalms the Minister pleaseth but before and after Sermon to conclude with the Pâ—ter noster Novemb. 26. For Baptism it must be in the Church the manner referred to the use of French and other Reformed Churches beyond Seas And afterwards came in the Directorie for Mariages Visitation of the Sick and the whole compleated by the Commons Decemb. 23. But in respect of many dissenting Brethren of the Assemblie it was referred to a Committee before it should be born up to the Lords and onely three hundred of them printed to be distributed to the Members to seek God for his direction And at length complete Mr. Rous carries it up to the Lords Ianuarie 1. and so it was printed for the publick use of all people And the two Scribes of the Assemblie whose pains are considered therein and are to partake equally in the profits Ian. 4. And the same Day passed the Ordinance also for attainting the Arch-bishop of Canterburie of high Treason Thus much for Church-worship and now they consider of the Presbyterial way for Government of the Church and the dissenting Assemblers having printed their Reasons for each Member of the Commons a strict Order was That no man presume to reprint or to disperse any of those Reasons as they will answer it at their perils Certainly they were though dispersed and so satisfactory against the Presbyterial way which is the reason they were strictly inquired for and suppressed And on the sixth of Ianuarie the Commons House resolve That to have a Presbyterie in the Church is according to the Word of God And the same day provision is made for such of the Assemblie that have lost their Means to have better subsistence and so having never any or lost but little they were preferred to the best places in England and some to Pluralities But on they go to order the Train of Pastors Doctors Teachers Elders Deacons c. Officers of the Church And good God how this new manner wrought upon many The Prince Elector was come over and who but he must be ordered by Parliament to fit with the Assemblie and to have a print of the dissenting Reasons so that it was said not in earnest that he was sent Nuntio from the Palatinate to direct our Directorie And then what Debates Resolutions Votes Orders Ordinances about the use of Classes several Congregations under one Classis and that the Church should be governed by Congregational Classical Synodical Assemblyes which made such work among the weaker sort as that it was suspected those hard words would disturb the doctrinal part as it did We have heretofore observed how oft the King had sent to the Parliament for a Treaty of Peace and now being returned from the West and setled at Oxford they by a Committee of English and Scotish for now they are joyned in all publick affairs present him with their Deâ—ires and Propositions for a Peace agreed upon by mutual consent of the Parliaments of both Kingdoms united by Solemn League and Covenant Novemb. 23. 1. That by Act of Parliament in each Kingdom respectively all Oaths Declarations and Proclamations against both or either Houses of the Parliament of England and the late Convention of the Estates in Scotland and their proceedings c. be declared null 2. The King to swear and sign the late Solemn League and Covenant and the taking thereof by all the Subjects of the three Kingdoms 3. To pass the Bill for the utter abolishing of Bishops Root and Branches agreeing with the late Treatie at Edinburgh Novemb. 29. 1643. 4. To confirm the Ordinances for the setling of the Assemblie of Divines 5. That Reformation be setled by Act of Parliament as the Houses shall agree upon according to the Covenant c. 6. That Papists abjure and renounce the Pope Transubstantiation Purgatorie Images if not to be therefore convicted and severe Laws to be made against them 7. Their Children to be educated Protestants 8. To give his royal assent to several Acts and Bills to be passed as is named An Act in the Parliaments of both Kingdoms respectively for confirmation of their Treaties viz. the large Treatie for coming in of the Scots and the setling of Barwick and for Ireland and all other proceedings between the two Kingdoms by Treaties An Act to avoid the Cessation of Ireland and to prosecute the War there by Orders of Parliament To establish the joint Declaration of both Kingdoms Dated Jan. 30. 1643. in England and 1644. in Scotland With these Qualifications viz. That the persons without pardon are these to be excepted Princes Rupert and Maurice the Earls of Bristol Derby Newcastle the Lords Cottington Pawlet Digby Littleton Arch-bishop of Canterbury Bishop of Ely Sir Robert Heath Bishop of Derry Sir William Widrington Colonel Goring and these Knights Hopton Dodington Ratcliff Langdale Hothams
monies thereto for maintenance may be as the Parliament shall think fit The like for Scotland An Act for setling all forces by Sea and Land in Commissioners to be named by Parliament and as both Kingdoms shall confide in and to Suppresse all powers and forces contrary hereto and to act as they shall be directed by Parliament So for the Kingdom of Scotland That the Militia of the City London and of the Parishes without London and the Liberties within the weekly Bills of Mortality be in the Lord Mayor Aldermen and Common-council That the Tower of London may be in the Government of the City and the Chief Officers those be nominated and removable by the Common-council That the Citizens or forces of London may not be drawn out of the City without their own consent and that the example in these distracted times may be no Precedent for the future The next three dayes began the 7. of February and the same was also taken up again Feb. 18. for other three dayes for Ireland That an Act of Parliament be passed to make void the Cessation of Ireland and all Treaties of the Rebells without Consent of Parliment and to settle the prosecution of the War of Ireland in the Parliament to be managed by the joynt advice of both Kingdoms and his Majesty to assist and to do no act to discountenance or molest them therein But the Kings Commissioners were so far from yeilding to this Proposition that they had intimation from the King how he was ingaged for Ireland having two dayes before in great earnest writ to hasten the Peace in Ireland in these words Ormond I cannot but mention the necessity of hastning the Irish Peace But in case against all expectation and reason Peace cannot be had you must not by any means fall into a new rupture with them but continue the Cessation c. for a year for which you shall promise them if you can have it no cheaper to joyn with them against the Scots and Inchequin for I hope by that time my condition may be such as the Irish may be glad to accept lesse or I be able to grant more 16 February 1644. Oxford By those Letters the mystery is opened why the King is so violent for Peace with the Irish but this was tenderly treated by the Kings Commissioners and well they might be willing to shadow these designs if they were acquainted with the bottom which few could fathom In general the Kings Commissioners had upon the matter of the Parliaments Propositions consented unto many particulars and alterations of great Importance and complain that the other have not abated one title of the most severe of their Propositions nor have offered any prospect towards Peace but by submitting totally to those Propositions which would dissolve the Frame of Government Ecclesiastical and Civil In the matter of Religion the Kings Commissioners offered all such alterations as they conceived might give satisfaction to any Objection that hath or can be made against that government with their reasons why they cannot consent to the Propositions but if consented unto could not be in Order to Reformation or publique Peace And though in the Parliaments Covenant enjoyned to be taken by the King and all his Subjects they undertake the Reformation in Government and in Doctrine too thereby laying an imputation of Religion it self yet the Parliaments Commissioners have not given the other the least Argument nor the least prejudice to the Doctrine of the Church of England Nor given any view in particular of what they would propose to be abolished And therefore the Kings Commissioners offered That if the Articles proposed by them did not give satisfaction that then so great an alteration as the total abolishment of a Government established by Law may for the imparlance of it and any reformation in Doctrine for the scandal of it be suspended till after the Disbanding of all Armies the King may be present with the Parliament and calling a National Synod may receive such advice both from the one and the other as may be necessary and as any Reformation thus calmly made must needs prove for the singular benefit so whether the contrary that is an alteration even to things though in themselves good can by the principles of Christian Religion be enforced upon the King or Kingdom In that of the Militia Though the Parliaments Commissioners did not deny that the apprehensions of danger are mutual and that the chief end of depositing the Militia into the hands of certain persons is for securitie against possible dangers Yet they did insist that those persons should be nominated by the Parliaments of England and Scotland and that the time of that great unheard of Trust shall be in such manner that though it seems limited for seven years yet in truth it shall not be otherwise exercised then as the King and Parliament shall agree and he may thereby be totallie divested of the Sword without which he cannot defend himself from Foreign or Domestick or protect his Subjects Add to all that Scotland professing distinct and different Laws shall yet have a great share in the Government of this Kingdom Instead of consenting to these Changes the Kings Commissioners proposed That the persons to be Trusted with the Militia may be Nominated between them or that an equal number the one half by the King the other by the Parliament and all those to take Oath for the due discharge of that Trust so their securitie being mutual neither can be supposed to violate the agreement the whole Kingdom being eye-witnesses of the failing And as it is reasonable that for this security the King parting with so much of his own power as makes him unable to break the Agreements so it is most necessary when the apprehension of all danger of that breach be over that then the Soverain power of the Militia should revert and be as it hath alwaies been in the Kings proper Charge And therefore the Kings Commissioners proposed that the Trust should be for three years a time sufficient to produce a right understanding of both sides and if any thing else material may be necessary to be done that the same may be considered after the Peace setled But in all that this Kingdom may depend of it self and not of Scotland as Scotland shall without advice of this Kingdom Concerning Ireland The Parliaments Commissioners proposed that the King Nul this Cessation made by Royal Authority The Lords Justices and Councels desires and for the preservation of the remain of the poor Protestants there from Famine and Sword And to put the whole War Militia and Government of Ireland into the hands of the Scots General by advice of a Ioint Committee of both Kingdoms wherein each to have a Negative voice To which the Kings Commissioners acquainted them with the just Grounds of the Kings proceedings in that businesse of Ireland which they conceived might satisfie all men of his
himself from the Ladder without any remorse for his monstrous Crime And now being executed for his Villany it may merit the moving why he was refused his Trial by Peerage The King had a great desire to remove the Siege against Dennington Castle but were beaten off and therefore it was concluded by the Council of State that Essex's Forces should not draw out of Newbury into the Field lest the King should possess it for a Winter Quarter but that they should fight him at his Retreat but he retreated to Marlborough without opposition and the Parliaments Forces quit Newbury which the King possesses and reserves as a covert Quarter for his Army when the other lay in the open Fields and forced from Basing Siege withdrew to Reading Hereabout we finde the first appearance of Exception which the Parliament had against the good management of their Armies Essex being now suspected as careless or discontent and therefore they fall to debate hereabout in the House for Colonel Norton had writ a Letter to them that he had received a Warrant from a chief Commander in the Army to withdraw from Basing which was a thing unexpected he says but accordingly he hath obeyed nay the commands of the Committee of both Kingdoms to the Army were lately much neglected and complained of It grew into a high Debate How chance the Parliaments Forces permitted the Enemie to relieve Dennington Castle when they were two for one and why the Town of Newbury was quitted before the Enemie was marched away as the pretence of not fighting before was because we would not quit Newbury And now the Kings Forces were quartered at Basing Odjam Newburie Blewburie and Marlborough and Essex at Reading Henley Abington and Farnham And whilest they thus lodg in Quarters the Actions of the Parliaments Army are arreigned and committed And the Earl of Manchester makes the Relation concerning the carriage at Dennington Castle of great length in writing wherein his Lordship makes his own Defence and gives a Charge against Lieutenant General Cromwel a Member of the Commons who had deserved much honour for his good Service to the State and who made answer to several particulars therein mentioned and the point of privilege of Parliament upon the transmitting of that business from the Lords before any Charge was brought to the House of Commons but it was committed and they to receive the proofs for making good of the Earls Information concerning Lieutenant General Cromwel and to make protestation of secrecy therein and so silent they were that we never heard more of it General Essex having sped so ill in the West was now returned to Westminster where the Faction was powerfull in the Commons House against him being suspected somewhat more royal than the House would have him to be And after long Debate it was resolved to new model the Army and by degrees and in time to be rid of their old General and to bethink of a new one in quality not more than a Knight with intention not over-long to trust to the Lords at all And begin with an Order That no Member of either House shall during this War enjoy and execute any Office or Command Military or Civil which hath been granted or conferred on any Member of either House or by any Authoritie derived from either House This was subtilly done and but very poor Reasons publick to satisfie the world in this policy That in relation to the Armie all Commissions to Parliament men being void the new molding the Armie may be carried on with less exception when all are concerned alike That all Differences militarie among the great Commanders Parliament men which may retard the work is hereby quieted And those that shall be new made Officers may be elected of the lesser quality and the sooner subject to question and punishment and the Armie maintained at a less charge And after fourty days expiring this Order all their Commands and Offices in the Army shall be null but in order to justice they publish their Resolution to pay off their Arrears which was slenderly performed when their Offices were out of date And to crown this Design they fast and pray and to boot the well-affected City give them thanks and promise to live and die with them for this their new voting And somewhat to sweeten the Earl of Essex's sowreness the Parliament ordered him ten thousand pounds per annum out of Delinquents Estates for his good Service and his great Losses and amongst their Commanders they elect Sir Thomas Fairfax in his room But this great Ordinance of Molding goes on slow and suffered much Debate and Alteration for the Lords House began to foresee the effects and would not assent untill Petitions from the City and several Counties drew them to conclude it with this Title An Ordinance for the raising and maintaining of Forces for the defence of the Kingdom under the command of Sir Thomas Fairfax Who is sent for to London out of the North and comes in private and the next day Feb. 19. is conducted to the Commons House by four of their Members a Chair was set and he to sit therein M. Speaker telling him the great trust the Kingdom had put upon him in the command of this Army and the good opinion they had of his valour and fidelity for the defence of Religion Laws and Liberty encouraging him to go on as he hath begun Great Disorders in the modelling this new Army and long time setling hastened an Order to the Scots Army to march Southward with all speed This new Army consisted of twenty one thousand viz. fourteen thousand Foot and six thousand Horse and a thousand Dragoons The House of Commons finding the Peers so pregnant as notwithstanding the great Exceptions and publick discourse of an intention to lessen their Lordships it was thought fitting to caress them by an appointed Committee March 18. to congratulate their happy concurrence and to assure them of the Commons real affections and endeavours to support their Lordships in their Honours and Privileges A language which heretofore the Lords would have disdained to have received from them The List of the Officers thus passed were these besides those of the old which are kept in Sir Thomas Fairfax Commander in chief Major General Skippon who was indeed the City Champion New Officers of Foot Colonels Crayford Berkley Montague Aldridg Holborn Fortescue Ingolsby Pickering Rainsborough New Officers of Horse Colonels Middleton Sidney Graves Sheffield Vermindon Whaley Levisay Fleetwood Rossiter Sir Robert Pie The Kings Army was now under the chief command of the Prince of Wales Prince Maurice and Prince Rupert in the Northern parts and association of the Counties adjoyning the Earl of Derby and Sir Marmaduke Langdon in Byrone and Gerard in VVales Southward and these Counties thereabout Hopton Goring and Greenvile in the West with several small Armies Amongst those of the old Commanders for the Parliament I finde Lieutenant General Cromwel the
Prosper speakes in his second Book De vitae contemptu cap. 4. Men that introduce prophanesse are cloaked with the name of Imaginary Religion for we have left the Substance and dwell too much in Opinion and that Church which all the Iesuits could not ruine is fallen into danger by her own The last particular for I am not willing to be long is my self I was born and Baptized in the Bosome of the Church of England established by Law in that profession I have ever since lived and in that I come now to dye what Clamours and Slanders I have endured for labouring to keep a Conformity in the external service of God according to the doctrine and Discipline of the Church all men know and I have abundantly felt Now at last I am accused of High Treason in Parliament a Crime which my soul ever abhorred this Treason was charged to consist of two parts An endeavour to subvert the Lawes of the Land and a like endeavour to overthrow the true Protestant Religion established by Law Besides my answers which I gave to the several Charges I protested my innocencie in both Houses It was said Prisoner's protestations at the Bar must not be taken I can bring no other witnesse of my heart and the intentions thereof I must therefore come now to it upon my death being instantly to give God an account for the truth of it I do therefore here in the presence of God and his holy Angels take it upon my death that I never endeavoured the subversion either of Law or Religion and I desire that you would all remember this Protestation of mine for my innocency in these and from all Treasons whatsoever whereof I would not for all the World be so guiltie as some are I have been accused likewise as an enemie to Parliaments No I understand them and the benefit that comes by them too well to be so But I did dislike the misgovernment of some Parliaments many waies and I had good reasons for it Corruptio optimi est pessima and that being the highest Court over which no other hath jurisdiction when That is misinformed or misgoverned the Subject is left without all remedy But I have done I forgive all the World and everie of those bitter Enemies which have persecuted me and humblie desire to be forgiven of God first and then of every man and so I heartilie desire you to joyn in prayer with me O Eternal God and Merciful Father look down upon me in mercy in the Riches and fulnesse of thy mercies look down upon me but not until thou hast nailed my sins to the Crosse of Christ not till thou hast bathed me in the Blood of Christ not till I have hid my self in the wounds of Christ that so the punishment due unto my sins may pâ—sse ove me And since thou art pleased to try me to the uttermost I humbly beseech thee to give me now in this great instant full Patience Proportionable Comfort and a heart ready to dy for thy Honour the Kings happinesse and this Churches preservation My Zeal to these far from Arrogancy be it spoken is all the sin humane frailty excepted and all incidents thereunto which is yet known to me in this particular for which I now come to suffer I say in this particular of Treason but otherwise my sins are many and great Lord pardon them all and those especially whatsoever they are which have drawn down this present Judgment upon me and when thou hast given me strength to bear it do with me as seems best in thine own eyes Amen And that there may be a stop of this Issue of Blood in this more then miserable Kingdom O Lord I beseech thee give grace of Repentance to all Blood-thirsty people but if they will not repent O Lord confound all their devices Defeat and Frustrate all their Designs and endeavours which are or shall be contrary to the Glory of thy great Name the truth and sincerity of Religion the establishment of the King and His Posterity after Him in their Just Rights and Priviledges the Honour and Conservation of Parliaments in their Just power the preservation of this poor Church in its Truth Peace and Patrimony and the settlement of this distracted and distressed people under their ancient Lawes and in their native Liberties And when thou hast done all this in meere mercy for them O Lord fill their hearts with thankfulnesse and Religious Dutiful obedience to thee and thy Commandements all their dayes So Amen Lord Jesus Amen and receive my Soul into thy Bosome Amen Our Father which art in Heaven c. This Speech and Prayer ended he gave the Paper written as he spake it desiring Doctor Sterne to shew it to his other Chaplains that they might know how he departed and so prayed God to shew his mercies and blessings on them all Then he applyed himself to the Fatal Block as to the Haven of his Rest but finding the people pressing upon the Scaffold he desired that he might have room to dye beseeching them to let him have an end of his miseries which he had endured very long Being now neer the Block he put off his Dublet and used words to this effect Gods will be done I am willing to go out of this world no man can be more willing to send me out of it And spying through the chinks of the Boards that some people were got under the Scaffold and the place of the Block he called to the Officers for some dust to stop them or to remove the people thence saying It was no part of his desires that his bloud shall fall upon the heads of the people When he was somewhat interrupted by one Sir Iohn Clotworthy who would needs try what he could doe with his Spunge and Vineger and stepping neer the Block asked him not to learn by him but to tempt him what was the comfortablest saying which a dying man could have in his mouth To which he mildly answered Cupio dissolvi esse cum Christo. Being asked again what was the fittest speech a man could use to expresse his confidence and assurance He answered meekly That such assurance was to be found within and that no words were able to expresse it rightly which when it would not satisfie the impertinent man unlesse he gave some place of Scripture whereupon such assurance might be truly founded He replyed to this effect That it was the word of God concerning Christ and his dying for us And so without expecting further questions he turned to the Executioner and gave him money saying here honest friend God forgive thee doe thy Office upon me with mercy and having given a sign when the blow should come he kneeled down upon his knees and prayed Lord I am coming as fast as I can I know I must passe through the shadow of death before I can come to see thee But it is but Umbra mortis a mâ—er shadow of death a
the Plain and by a Trumpet challengs Baily to fight but was refused for the River I le parted them Then at Dunkildon where he escaped utter ruin for Lewis Gordon another Son to Huntley sometimes an Enemy was reconciled by his Brothers means he by true or counterfeit Letters from his father the old fox was tempted and carried away with him almost all the Gordons basely deserting his brother and Montrose ready to engage against the Enemy And so diverted the intended journey to Tay and marched towards Brechen sending his weakest men under the Hills to meet him there but by the way he Summons Dundee and storms it in three places beat them from their Sconces possessed their Ordnance and turned them upon the Town beat open their Gates and gets the Church and Market-place and fire the Town in several places When his Scouts bring tydings of Baily and Hurrey a mile off Montrose in all speed Rallies his plundring Souldiers wearied with twenty miles march and now more spent by fighting to fight he was not able to Retreat he must be overtaken In wonderful difficulties he resolves to Retreat Immediately he sends out four hundred Foot before him with convenient speed two hundred the most active to follow them and he with his Horse brings up the Rear trooping in open Order if need were to have room for light Musketiers The Enemy divide in two parts and so pursues them and now their Van closes up to the Retreaters and were welcomed by these Musketiers that Lined Montrose Horse and soon abated their pursuit and Skirmishing stoutly with their Horse untill night parted the fray and because that their wayes were belaid by the Enemy they amuze them by turning and winding off face about and march Southwest passing by them thus beguiled by night and the next morning turning North-ward passed over South-Eske near Goneston Castle thence to Brâ—chen to fetch those men which were left with the Carriages But they hearing of this distresse were got into the Mountains The Enemy came after them so near that they continually Skirmish untill he came to Gleneske This was that so much admired Expedition of Dundee renowned indeed encountering all extremities with patience for sixty miles march fighting without meat or sleep for three dayes and two nights to any purpose of refreshment Incredible but from him that assures this Narrative of his own knowledg and sufferings And now being safe he bides his Souldiers sleep whilst his unwearied Noble Soul fits a wake which resolves of his Warlike affairs He sends the Lord Gordon with those of his continuing loyal into his County to win upon his revolted Brother and his Fugitives and to recruit new forces which he performed with faithfulnesse and courage And Montrose with five hundred Foot and fifty Horse all that he left for himself marcht through Angus into Perth-shire so to distract the Enemy till he was Recruited For Hurrey was gone into the North with six hundred old Foot and two hundred Horse to suppresse the Lord Gordon and Bailey himself staies with an Army at Perth Montrose was twelve miles off at a Village called Krâ—if secure and he safe too conceives when Bailey sets out over night with all his forces discovered by Scouts time enough to finde their adversaries in order fit to retire following the course of the River Erne and made good the Fords thereof and himself the Rear guard repulsing his Enemy to their return and he Quartered at Laugh-Erne the next day to Balwidir where met him the Earl of Alboine with others that escaped out of Carlisle 18 of April Thence to Logh-Catrines where comes newes that Hurrey was upon engaging with Gordon that Gallant young Lord. Montrose makes speed to oppose Hurrey and passes by Balwidir and a Lake twenty four miles long the head of Tay then through Athole and Angus over Gransbane and through Glenmak-vale he comes to the midst of Marre and joynes with Gordon who had gotten one thousand Foot and two hundred Horse marching to Spey to finde the Enemy and was so near as six miles off ere Hurrey thought him past Garshame having over-run the report of himself But Hurrey would not be forced to fight and so passeth over the Spey speeding towards Innernesse the appointed Rendezvouz whither Montrose followes not far off for he was there also the next day and Encamped at a Village Aldern There was now ajoyned to Hurrey the Earls of Seaford and Sunderland the whole Sept of the Frasers the most of Murries Men and Cathnes with some out of the Town Garrison and all together draw up with three thousand five hundred Foot and four hundred Horse against Montrose's fifteen hundred Foot and two hundred Horse and not possible to Retreat Bailey was coming up with his Forces And ere his Enemy should joyn the best he could do was to chuse his ground draws up his Forces in a Valley under a Town on the top of a Hill and Hills behind and above it shadowing his Forces from sight Before the Town he places a few choice Foot with his Ordnance sheltered with Ditches The right Wing is committed to Mac-donel with four hundred Foot fortified with Banks Ditches Shrubs and great Stones and orders him to preserve himself entire as a Reserve safe from the Enemies Force of Horse and Foot and commits also to his charge that notable Standard of the Kings which he alwaies had born before him expecting that upon the sight of that the Enemy would order their best men against that Wing when he on the left Flank would force upon them And drawing the rest of his men to the other side he commends the Horse to the Lord Gordon and takes charge of the Foot himself Those first Forces under the Town seemed his main battle when God knows he had none nor reserves at all The Enemy came on as he imagined their Van upon those before the Town on the right Flank and as their Souldiers spend drew on fresh He therefore meant to fall upon them with his left Flank all at once when one whispered to him that Mac-donel on the right Flank was put to flight He of quick apprehension called aloud My Lord Gordon what doe we doe Mac-donel hath routed the Enemy and is upon execution shall we loyter and he have all the honour of the day with that commands to charge home upon Hurries Horse which began to run left their Flanks which they were to maintain open to disadvantage yet their Foot stood the shock stoutly but being pressed home they threw away their Arms and fled but Montrose remembring Mac-donel drew off thither to the right Flank where he found him though valiant as any man but with more heart then head-piece had advanced out of his fastness and was overpowered and routed and had he not drawn into a neighbours close he and his had been lost for himself was the last that drew off covering his head with a large Target which he alwaies
down thither for Subscribers Then comes out an Apology of the common Souldiers to their General presented under the Hands of the Agents or Commissioners as they call themselves for the several Regiments wherein they complain of the Design of Modelling and Disbanding some of their Forces styling the publick proceedings To be a Plot a meer Cloak for some who have lately tasted of Sovereigntie and being lifted beyond their ordinary Sphere of Servants seek to become Masters and degenerate into Tyrants and therefore utterly refuse the Service of Ireland untill their Desires be granted the just Right and Liberties of the Subject vindicated and maintained To which they all subsign April 28. for which some of them were questioned and imprisoned but then they are angry indeed and complain to their General That they speaking but for the Rights and Liberties of this Nation are some of them slighted abused beaten and dragged to Goals to the Ruine of their Estates and loss of their Lives The Parliament bussle and vote the Apologizers Enemies to the State and such as they could catch were laid by the heels at London The King was close beset with watchfull eys over him and yet one Major Bosvil once of his Army and of the Lord Cleveland's Regiment disguised in a Countrey-mans Habit the King walking out passed over a narrow Bridg he put a Pacquet into the Kings hand but was discovered by the Miller directing the Pursuit after the Major who was overtaken and brought to confession That the Letters came from the Queen at Paris and that they contain a Desire of the Prince of Wales to go with the Duke of Orleans into the Field this Summer who commands the French Armie against the Spaniards in Flanders But the King being desired to acquaint his Guardians with the Contents he answered That he was not to give account to any man living And because the Countrey flocked to the Court for cure of the Disease called The Kings Evil the Parliament declare That the People shall be satisfied of the fond Superstition of that custome to be touched by the King and that they are not suffered to be healed by him And being the Feast of the Church called Easter the Parliament discharged that Solemn Custom But were told by the King that the Feast was Instituted by the same Authority which changed the Iewish Sabbath into the Lords day or Sunday for the Scripture doth not mention this So then we may as well return to the Sabbath Saturday if we refuse the Church Authority which Instituted both 23. April This day was read the Kings Letter to the Parliament in effect to Answer the Propositions formerly sent to him which he had lying by him and that himself without a Secretary had formed this Answer CHARLES REX As the daily expectation of the coming of the Propositions hath made his Majesty this long time to forbear giving his Answer unto them so the appearance of their sending being no more for any thing he can hear than it was at his first coming hither notwithstanding that the Earl of Louderdale hath been at London above these ten daies whose not coming was said to be the only stop hath caused his Majestie thus to anticipate their coming to him and yet considering his condition that his Servants are denied accesse to him all but very few and those by appointment not his own election and that it is declared a crime for any but the Commissioners or such who are particularly permitted by them to converse with his Majesty or that any Letters should be given to or received from him may he not truly say that he is not in case fit to make concessions or give Answers since he is not master of those ordinary actions which are the undoubted rights of any free-born man how mean soever his birth be And certainly he would still be silent as to this Subject untill his condition were much mended did he not prefer such a right understanding betwixt him and his Parliaments of both Kingdoms which may make a firm and lasting peace in all his Dominions before any particular of his own or any earthly blessing and therefore his Majesty hath diligently emploied his utmost endeavours for divers moneths past so to inform his understanding and satisfie his Conscience that he might be able to give such Answers to the Propositions as would be most conformable to his Parliament but he ingeniously professes that notwithstanding all the pains that he hath taken therein the nature of some of them appears such unto him that without disclaiming that Reason which God hath given him to judge by for the good of him and his people and without putting the greatest violence upon his own Conscience he cannot give his consent to all of them Yet his Majesty that it may appear to all the World how desirous he is to give full satisfaction hath thought fit hereby to expresse his readinesse to grant what he may and his willingnesse to receive from them and that personally if his two Houses at Westminster shall approve thereof such further information in the rest as may best convince his iudgment and satisfie those doubts which are not yet clear unto him desiring them also to consider that if his Majesty intended to winde himself out of these troubles by indirect means were it not easie for him now readily to consent to what hath or shall be proposed unto him and afterwards choose his time to break all alleging that forced Concessions are not to be kept surely he might and not incur a hard censure from indifferent men But maxims in this kinde are not the guides of his Majesties actions for he freely and clearly avowes that he holds it unlawfull for any man and most base in a King to recede from his promises for having been obtained by force or under restraint wherefore his Majestie not only rejecting those acts which he esteems unworthy of him but even passing by that which he might well insist upon a point of honour in respect of his present condition thus answers the first Proposition That upon his Majesties coming to London he will heartily joyn in all that shall concern the honour of his two Kingdoms or the Assembly of the States of Scotland or of the Commissioners or Deputies of either Kingdom particularly in those things which are desired in that Proposition upon confidence that all of them respectively with the same tendernesse will look upon those things which concern his Majesties honour In Answer to all the Propositions concerning Religion his Majesty proposeth that he will confirm the Presbyterial government the Assembly of Divines at Westminster and the Directory for three years being the time set down by the two Houses so that his Majesty and his houshold be not hindered from that Form of Gods Service which they formerly have And also that a free consultation and debate be had with the Divines at Westminster twenty of his Majesties nomination being added
signal compliance with the Army and their interest and what of importance my complyance was to them and their often repeated Professions and Ingagements for my Iust Rights in general at Newmarket and St Albans and their particular explanation of those generals by their Voted and Re-voted Proposals which I had reason to understand should be the uttermost extremity would be expected from me and that in some things therein I should be eased herein appealing to the Consciences of some of the chiefest Officers in the Army if what I have said be not punctually true and how I have failed of their expectations and my professions to them I challange them and the whole World to produce the least colour of Reason And now I would know what is it that is desired Is it Peace I have shewed the way being both willing and desirous to perform my part in it which is a just complayance with all chief Interests It is Plenty and Happinesse They are the inseparable effects of peace Is it security I who wish that all men would forgive and forget like me have offered the Militia for my time Is it liberty of Conscience he who wants it is most ready to give Is it the right administration of Iustice Officers of trust are committed to the choice of my two Houses of Parliament Is it frequent Parliaments I have legally fully concurred therewith Is it the Arrears of the Army Vpon a settlement they will certainly be paied with much ease but before there will be found much difficulty if not impossibility in it Thus all the world cannot but see my real and unwearied endeavours for Peace the which by the grace of God I shall never repent me of nor ever be slackned in notwithstanding my past present or future sufferings but if I may not be heard let every one judge who it is that obstructs the good I would or might do What is it that men are afraid to hear from me it cannot be Reason at least none will declare themselves so unreasonable as to confess it and it can less be impertinent or unreasonable discourses for thereby peradventure I might more justifie this my restraint then the causers themselves can do so that of all wonders yet this is the greatest to me but it may be easily gathered how these men intend to govern who have used me thus and if it be my hard Fate to fall together with the Liberty of this Kingdom I shall not blush for my self but much lament the future miseries of my people the which I shall still pray to God to avert what ever becomes of me C. R. And now was the strict custody of the King referred to the care and Command of the General to place and displace servants such as to him thought meet and only eight persons for the present allowed to him Of which and his strict Guards he expostulates with Hamond telling him that he might yet ere long be beholding to one of his Sons for his life for now was Prince Charles gone from Paris into Holland from whence we shall hereafter hear more of him February 4. The first alteration of Soveraignty was in Title of things properly stiled the Kings and therefore the Title of the List of his Majesties Ships is but now altered to the List of the Parliaments Ships and the Hollanders refuse to strike Top Sail to the English disputeing that they were the Elder States and indeed so they were and Elder Brothers in the other also The Army resolve of new Modelling themselves to put the Martial power into the best way for themselves to appear formidable in the Field to make good the Garisons and to take in all confiding persons and so to make more Officers and fewer Souldiers under their Command the easier to be governed and in time of Action soon filled up by Sir Thomas Fairfax who now takes an additional Title of Lord Fairfax being the unic Son to his Father who of a Corn on his great Toe iâ— turned to a Gangreen and killed him And so we end the troublesome affairs of State in England for this year But may not pass over those concernments of Scotland and Ireland contemporary Nor would we nor could we handsomly interrupt our History with them and therefore we insert them here by themselves And first of Scotland beginning where we left before The continuation of the Military Actions for the King in Scotland under conduct of the Marquess of Montrose this year 1647. The Covenanters held Convention at St. Andrews upon the East Sea in Fife carrying their prisonâ—rs with them where ever they removed both of War or others of the Kings Friends men of the best note the Lord Ogleby Sir William Spotswood William Murrey and Andrew Gutlery men of singular merit who here were to be sacrificed To which purpose they set up a couple of their Kirk men Kaint and Blaire and others also possessed with the same spirit That God required the blood of these men nor could the sin of the Nation be otherwise expiated or the revenge of heaven diverted sentencing their very souls to damnation But Ogleby the most eminent a Hamilton by the Mothers side and cousin German to Lindsey pretending himself sick had leave for his Mother Wife and Sisters to visit him in prison and whilst the Jaylors withdrew he got on his sisters cloths and put her in his place in bed And at evening passed out with them for a Lady and so got out of danger his sister suffered strict imprisonment in the same Chamber for a long time after and hastened the execution on the rest of the Prisoners The first was Nathaniel Gordon the next Colonel Gordon and then comes Sir Robert Spotswood he had been raised by favour of King Iames to the honour of Knighthood and Privy Councellor of Scotland King Charles made him Lord President of the Session and of late principal Secretary of Scotland Their Charge against him was not for Arms being a man of the Gown but they found Treason in his bringing of the Kings Commission to Montrose to be Vice-roy of the Kingdom and General of all the Kings Forces there It was no boot his Eloquent and Learned defence answerable to the fundamental Laws of that nation But the Earl of Lanerick heretofore Principal Secretary by his revolt against the King this Office was setled upon Spotswood this was additional to his Charge which because he was not able to bear out he was forced to fall under And on the Scaffold prepared to dye he made his last Speech to the People but Blair being by bad the Provost stop his mouth and privately praying Blair interrupting offered his prayers which the other refused adding That of all the Plagues with which God had scourged this Nation this was not the least nay greater than Sword or Pestilence that God had sent a lying Spirit in the mouthes of the pretended Prophets for which Blair basely reproached
Sanderson Shelden Hamond Oldsworth Turner Haywood Lawyers Sir Tho. Gardner Sir Orlando Bridgman Sir R. Holburn Mr. Ieffery Palmer Mr. Tho. Cook Mr. Io. Vaughan Clerks and Writers Sir Edward Walker Mr. Phil. Warwick Mr. Nich. Oudart Mr. Charles Whittane To make ready the House for Treating Peter Newton The Commissioners nominated to attend the Treaty for the Parliament were the Earls of Salisbury Pembroke Middlesex Northumberland and the Lord Say And of the Commons were the Lord Wainman Mr. Hollis lately re-admitted into the House Mr. Perpoint Sir Harry Vane Jun. Sir Harbotel Grimston Mr. Brown Mr. Crew Mr. â—lin lately re-admitted into the House Sir Io. Pots and Mr. Bulkley And the King desired a safe conduct for Commissioners to come out of Scotland to joyn in the Treaty with him viz. the Lord Carnagy Sir Alexander Gibson the Lord Clerk Register and Sir Iames Carmichel The two first were refused as having been in arms against the Parliament of England And that four Bishops might attend him Armagh Exeter Rochester and Worcester and for Doctor Ferne and Doctor Morley And for his Advocate Sir Thomas Reves and for Doctor Duck Civil Lawyers but none of these aforesaid the Kings friends were intromitted into the Scene or to speech but to stand behind the Hangings and in the Tâ—ring-room so that the Kings single solitary self opposed all the other party And Order is given to Colonel Hamond to free the King of his imprisonment to ride abroad where he pleaseth upon his engagement to return at night to Sir William Hodges House the place appointed to Treat where galloppiâ—g down a steep Hill 14 Septem and reining his Horse too hard the Bridle broke and he without a Curb ran with speed endangering the King whose excellent Horsemanship saved him from the terrible effects which amazed the beholders And it is remarkable that long before this Lilly had foretold in his Astrological Predictions pag 15. lin 31. And were his Majesty at liberty it shews or threatens danger to his person by inordinate Horsmanship or some fall from on high Friday the 15. of September the Commissioners of Parliament are come to the King and Saturday was kept a fast by him and all his Family and Friends assistant with the ancient service of the Book of Common Prayer and preaching with this particular Prayer for a blessing on the Treaty O Most merciful Father Lord God of Peace and truth we a people sorely afflicted by the scourge of an unnatural war do here earnestly beseâ—ch thee to command a blessing from Heaven upon this Treaty brought about by thy providence and the only visible remedy left for the establishment of an happy peace Soften the most obdurate hearts with a true Christian desire of saving those mens blood for whom Christ himself hath shed his O Lord let not the guilt of our sins cause this Treaty to break off but let the Truth of thy Spirit so clearly shine in our mindes that all private ends laid a side we may every one of us heartily and sincerely pursue the publick good and that thy people may be no longer so blindly miserable as not 〈◊〉 see at least in this their day the things that belong unto their peace Grant this gracious God for his sake who is our peace it self even Jesus Christ our Lord. Amen The King told the Commissioners that he was glad of their coming to treat with him for a Peace and desired God to perfect that good work professing that he was in charity with all men not willing to revenge upon any nor to delay the hopes of a blessed issue and concludes to begin the Treaty on Munday morning 9. a clock 18. Septemb. The Treaty begins and to make it more difficult to Peace Occasion is given to oppose four Demands or Bills to the Kings demands which as a pledge of trust should be granted before whereto if the King assent they promise to commence a Treaty to the rest 1. To order for the future the Militia without the Kings consent to raise what Arms they please and that all others upon the pain of Treason shall not assemble to the number of thirty persons without the Authority of Parliament 2. That the Houses may sit and adjourn and assemble to what place and at what time at their own discretion 3. All Oaths Interdictions and declarations against the Parliament to be declared void 4. Whomsoever the King had dignified with Titles from the time himself departed and conveyed away the great Seal of England be degraded of their honours And these must be first ratified and to command them to be passed into Laws Then they go on with the Preface the matter of the Treaty For as much as both Houses of Parliament have been necessitated to undertake a War for their just defence and for the prosecuting thereof have bound themselves in a Covenant be it enacted by the Kings command The Propositions were in number eleven 1. That all Declarations and Proclamations against the two Houses of Parliament or their Adherents and all Judgments and Indictments c. against them be declared Null 2. That a Satute be Enacted for abolishing of all Arch Bishops and Bishops out of the Churches of England and Ireland for the selling of their Lands and Revenues As also that the calling and sitting in Synod of the Divines be approved 〈◊〉 the Royal assent the Reformation of Religion for England and Ireland according to such Models as the Members of Parliament have or shall decree consultations first had with the said Divines In particular that the King grant his assent that the Act of both Houses formerly made concerning the Directory as concerning the publick Celebration of Gods worship throughout England and Ireland for the abolishing the Ancient Liturgie for the form of Church Government and Articles of Religion with the Catechisms the great and the less for the more Religious observation of the Lords day for supressing of Innovations in Churches and Chappels for the incouraging of the publick Preachers to their duties by a just reward for prohibiting of Pluralities of Benefices and non-residence to Clergy-men henceforth pass into Statutes or Laws That the King would set his hand to the National League and Covenant and suffer himself to be bound by the same that by publick Act it be enjoyned all the Subjects of both the Kingdoms of England and Scotland to be bound thereby under a penalty to be imposed at the pleasure of both Houses That it may belong to the Houses of Parliament to visit and reform the Universities of Oxford and Cambridge the Colledges also of Westminster Winchester and Eaton That it be provided by Statutes that Jesuites Priests and Papists disturb not the Common-wealth nor elude the Laws as also for the discriminating of them an Oath be administred to them wherein they shall abjure the Pope of Romes Supremacie Transubstantiation Purgatory Image-worship and other Superstitious errors of the Church of Rome That
up and Anarchy goes down yet rather then to sink the Presbyter complies and the Houses agree whom the Army resolve so to ballance as by their Authority for the present to doe the great work and to dissolve Monarchy Some Members out of honour and conscience forbearing the rest of them receive the Report of the 38. Committee-men and their general Charge against the King That Charls Stuart hath acted contrary to his trust in departing from the Parliament setting up his standard making war against them and thereby been the occasion of much bloudshed and misery to the people whom he was set over for good That he gave Commissions to Irish Rebels c. and since was occasion of a second War c. besides what done contrary to the Liberties of the Subject and tending to the destruction of the Fundamental Laws and Liberties of the Kingdom 27. December The Queen of England now at Paris in France writes to the King which was conveyed to him by one Wheeler imployed by Major Boswels man where the Queen expresseth her deep sence and sorrow for the Kings sad condition with whom she bears an equal share and wishes to dye for him nor will she live without him for whose interest she hath and will doe her utmost in all possible waies and means to help him Then another Letter was delivered by the French Ambassador to the General from the Queen and directed To her trusty and welbeloved Tho. Lord Fairfax General imploring his help and assistance that she may have leave as the Ambassador unfolded to come over to the King her Husband to see him before he be proceeded against by any Tryal or Charge and to have a Pass for her secure coming and returning which letter the General sent to the House and they laid it aside And to confirm the present intended Tryal the Commons House declare That by the Fundamental Laws of the Realm it is Treason in the King of England for the time to come to levy War against the Parliament and Kingdom The Ordinance for the Kings tryal was refused by the Lords Ian. 2. but they will send answer and presently adjourn for ten daies The Commons examining the Lords Journal Books finde three Votes 1. To send an Answer 2. That their Lordships do not concur to the Declaration 3. That their Lordships reject the Ordinance for tryal of the King Upon which the Commons Vote That all Members and others appointed to act in any Ordinance are impowred and injoyned to Sit Act and Execute notwithstanding the House of Peers joyn not with them The House 4. Ianuary turned into a grant Committee resolve and declare 1. That the People under God are the Original of all just power 2. That the Commons of England assembled in Parliament being chosen by and representing the People have the Supream Authority of this Nation 3. That whatsoever is enacted and declared for Law by the Commons of England assembled in Parliament hath the force of a Law 4. That all the people of this Nation are included thereby although the consent and concurrance of the King and House of Peers be not had thereunto 5. That to raise Arms against the Peoples Representative or Parliament and to make War upon them is high Treason 6. That the King himself took Arms against the Parliament and on that account in guilty of the bloodshed throughout the Civil War and that he ought to expiate the crime with his own bloud Thus they prepare for the design which must be attempted by degrees The Tryal of the King The Ordinance for his Tryal was 6. Ian. ingrossed and read and the manner is referred to the Commissioners who are to try him and meet in the Painted Chamber Munday 8. Ianuary and resolved that Proclamation be made in Westminster Hall that the Commissioners are to sit again to morrow and that those who had any thing to say against the King shall be heard In this manner Mr. Denby the younger a Serjeant at Arms to the Commissioners rid into the Hall with his Mace and some Officers all bare six Trumpetters on Horseback sounded in the midst of the Hall and the Drums of the Guard beat without in the Pallace Yard and in like manner at the Old Exchange and in Cheapside 9. Ian. The Commons Vote the Title in Writs Carolus Dei Gratiâ c. to be altered and referred to a Committee That the great Seal of England be broken and ordered a new Seal with the Arms of England and the Harp for Ireland with this word The great Seal of England And on the reverse the picture of the House of Commons sitting with these words In the first year of freedom by Gods blessing restored 1648. And in perpetuam rei memoriam the Mayor Aldermen and Common Council petitioned the House of Commons for justice against the King to settle the Votes that the Supreme power is in them and the City resolving to stand by them to the utmost And this Petition was ordered to be Recorded in the Books amongst the Acts of the Common Council And in respect of the Kings intended Tryal Hillary Term begining the 23. of Ian. was adjourned for 14. dayes after and proclaimed in London and Westminster and all Market Towns The Scots Parliament began Ianu. 4. and the proceedings of the Parliament of England being reported to them they unanimously did dissent First in the toleration of Religion in reference to the Covenant in the Tryal of the King and in the alteration of the form of Government And in order hereunto some Papers were brought to the House of Commons at Westminster directed To William Lenthal Esquire Speaker of the House of Commons and no more where they use to say to be communicated to the House of Commons by which they acknowledge them an House and so the House thought not fit to read them but Voted to send Commissioners to Scotland to preserve a good correspondence between both Nations The Commissioners for the Kings Trial debated and concluded That the Sword and the Mace although with the Kings Arms thereon should be ordered to be in Court at his Tryal And the King to be brought from St. Iame's whither he was come a prisoner to Sir Robert Cottons House at Westminster The Higher House sat and sent a Message to the Commons grounded upon the dissent of the Lords Commissioners of the great Seal joyned with the Commons That they could not agree to pass the Act of the Commons for adjourning the Term without the Lords concurrence first to be had And that by the instructions given to the said Commissioners the Commons Commissioners could do nothing without assent of one of the Lords The Message therefore was to the Commons to concur with the Lords for adjourning the Term for a fortnight and that the Commissioners of the great Seal may be required to passe the same under seal This Massage crossed the Commons late Votes
great Account 355 c. a Plot in Scotland 464. their Answer to the Kings Letter 516. Declaration of their Council 517. their Army kept up 554. their Declaration in Answer to the Parliament in England 563. their Army enter England 669. their Declaration 670. their Army Voted to be gon 904. their Letter to the Parliament 906. Declaration against their papers 914. their Army intend to return home 921 922. they urge the King with their Propositions 923. Letters of complaint against their Army 924. one years account of their Army 927. their Papers concerning the dispose of the King 930. Quaeries of their Parliament 936. and Result touching the King 937. their Declaration concerning the King 939. Horse from the Scots Army come into Engl. 968. their Commissioners Messenger staid at Newcastle 1005. their Letter to the Speaker 1014. their Estates disagree 1071. their Committee of danger vote a War ibid. their Army comes to Penreath and engages 1073 defeated at Preston 1074. and disbanded 1077. they dissent as touching the Kings Tryal 1120 they declare against it 1122. their private instructions touching it ibid. A new Seal voted and framed 622 1119 Fight near Shaw 737 Sherborn seized by the Marquess of Herford 576. taken by Storm by Sir Tho Fairfax 828 Fight at Sherburn in Yorkshire 835 Shipmoney debated 197. Lord Keepers Speech to the Iudges concerning it 204. again debated 213. Iudges questioned about it 429 Shrewsbury betrayed to the Parliament 798 Earl of Somerset confined 140 Overtures of Peace with Spain 139. which is concluded 144. the Spaniards design 281 〈…〉 Spine 737 Spoâ—swood executed 1045 Stafford taken by treachery 658. Earl of Stamford proclaimed Traitour 546 Sir Philip Stapleton dies of the plague 1003 〈◊〉 â—tar appears at noon day 142 Col. Stephens surprizing is surprized 788 Stode taken by Tilly 105 Sir John Stowel taken prisoner 930 Lord Strange impeached of high Treason 566 The Earl of Stratherns Descent and Title 230 raised to his Ruine ibid. County of Surrey Petition 1062 Fight at Sutton field 820 Swansey summoned 702 King of Sweden enters Germany 146. â—beats the Emperialists at Frankfuâ—t â— 147. is slain at Lutzen 189. his Character ibid. Ambassadour from Swedeland 199. Swedes displeased 208. Peace made with them 798 Synod began to sit 604 T. TAunton besieged by the Kings Forces 802. Relieved and again besieged 804 Tax of weekly meals 698 Tenby surprized 1056 besieged and surrendred 1060 Term adjourned to Reading 21. Mich. Term adjourned 567 Mr. Thomas his speech against Bishops 416 Tinmouth Caslte revolts and is taken 1073 Tomkins and Chal. hang'd at Lon. 621 â— of Traquair 191. is treacherous 225 Tilly defâ—â—ted 52 〈◊〉 with neighbouring Nations 18 Tredagh fortified 447. besieged 452. and in distress 455. is relieved ibid. invaded again 456. yet the besieged make several Sallies 457. have fresh supplies by Sea 459. the Siege raised 460 Tumults at Westminster for justice against the Earl of Strafford 402 Turin lost 371 V. LOrd Francis Villiers slain 1069 All Uâ—ster-pâ—ssessed by the Rebels 440 Treaty at Uxbridge 756. 758. Directions to the Kings Commissioners there 757. Observations concerning the Treaty 762 W. WAllestein murdered 190 Sir William Waller defeated at Lands down 625. and by Prince Maurice near Teuxbury 655. and at the Devices 657 He is set to take the King 706. and defeated at Copredy Bridge 708 Court of Wards and Liveries voted down 865 Lord VVentworth sent Deputy to Ireland 189. Impeached of High Treason 336. his condition examined ibid. charge against him 342 374. his Tryal at VVestminster 375. Conclusion of his defence 396. the Commons justifie their Charge against him by Law 397. he answ by Council but is nevertheless voted guilty of High Treason 398. Bill of Attainder against him 399. the Kings Speech in defence of him 400. voted guilty by the Lords 406. his Letter to the King upon the Tumult of the Apprentices and his Speech upon the Scaffold to p. 409 VVestchester besieged and surrendered 861 c. Mr. Whites Letter 421 Williams Arch Bishop of York against the King 889 VVinchester taken by Cromwel 833 The â—â—dy VVinter summoned to yield 705. her Answer ibid. Sir John VVinter recruited 805 Sir Fran. Windebank gets away 338 Col. Windebank shot to death 802 Withers complained of 892 Dr. Wren Bishop of Ely committed to the Tower 429 Y. YEomans hanged at Bristol Duke of York born â—â—4 brought 〈◊〉 London 891. escapes beyond Seas into Holland 10â— Arch-Bishop of Yorks Letter to the Lord Ashley 858 The County of York Petition the King and are Answered 506 The Articles of Neutrality for Yorkshire infringed 567. York relieved by Prince Rupert but the Siege is renewed and it surendered 719 c FINIS Anno. 1625. King James dies His Funeral Amiens described Boloign described Puts to Sea Lands at Dover Canterbury Hist. of King Charles pag. 7. A Parliament summoned H. 9. Ob. 28. Parliament siâ— The Kings Speech Hist. pag. 11 Observ. p. 28. Of Wars Petitions Answered Subsidies granted Dr Mountague questioned Caballa p. 115. Lord Mordant made Protestant Parliament at Oxford Observ. 34. Parliaments Petition Kings answer And urges for Supply Observ. p. 35. Cabal p. 107. Parliament dissolved Hist. p. 16. Treaty abroad Ill successe of Gades voyage H Pa. 18. Pa 19 Cabella pa. H. p. 17. Ob. p. 36. Term adjourned to Reading Of Coronation of Soveraigns Hist. 20. Kings 11. 12. Hist. 20. Ibid. Hist. 21. The Scaâ—â—old 2. February Epis. Hist. p. 16. Rex Epis. Rex Epis. Rex Epis. Rex Sworn Annointed Crowned A Parliament called Lords Petition The Kings Answer Earl of Arundel committed 1626. The King demands supply Anno 1626. Mr. Cook aâ—d Dr. Tâ—rners insolent speeches The Lord Keepers speech The Kings Speech The Commons Reply The E. of Bristows charge against the Duke Articles against the E. of Bristow Ob. p. 45 Hist. p. 45. Ob. p. 49. His ingrossing great Offices By buying the place of Admiralty And Lord Warden of the Cinque Ports Not guarding the Seas Stay of the St. Peter of New-haven And of the East India Fleet. Lending the Vant guard to the French To be imployed against Rochel Selling of honour And Offices Procuring honors for his Kindred His applying Physick to K. Iames. Hist p. 53. Parliament dissolved E. of Bristow Committed to the Tower Hist. p. 54. England and France at difference Hist. p 56. The French Insolent here at Court Sr. Dudly Carlton sent to complain Mcro Fr. Du Châ—snâ— Ill news abroad Our fleet comes home Hist. p. 63. Loan monies Hist. p. 69. Hist. p. 64. Ob. p. 41. Proposition for a more Toleration of Papists in Ireland Hist. pag. 65. The Clergies Protestation against Papistry Primate of all Ireland his Speech Abroad At home Pat. 13. H. 3. in Tur. Lond. Pat. 13. H. 3. membran 9. Pat. Gascony 1 Ed. 2. memb 25. in dorso Bishop Andrews dies 〈…〉 〈…〉 Anno 1627. The Dukes Manifesto The cause of this War Isâ—ardus pa. 1. Isnard p. 16. The
vote a war Oâ—hers dissent The State of the Scots Army come to Carlisle Summons Lambert by Letter Lamberts Answer Scots come to Penreath and engage Tinmouth Castle revolts and is retaken Lord General Cromwel comâ— against the Scots Scots Army defeated and how Capiâ—â—lâ—te and yield upon Articles Cromwel improves his success Hamilton taken and others Several Armies in Scotland Lieu. General Cromwel's Declaration in Scotland Scots Nobility contract with Cromwel And conclude in amity upon conditions Scots Armies disbanded Cromwel is caressed in Scotland The Prince of Wales his flight The States of Scotland invite the Prince thither Parliaments Vice-Admiral Batten goes to the Prince Colchester siege resolutely defended They capitulate by Letters Answer Lucas and Lisle shot to death The list of their prisoners Distempers in the Kingdom Petitions from all parts for a Treaty of Peace Voted to send to the King for a Treaty The Princes Letter to the Lords The Kings Message in Answer to the Votes and a Treaty Other Votes of the Parliament sent to the King His answer Commissioners to treat for the Parliament The King and his fast and pray Four Bills or demands Parliaments Propositions The Commissioners tyed up to conditions The Kings concâ—ssions in most things Propositions answered Concerning Ormond Earl of Norwich and Lord Capel impeâ—â—â—ed Arrears of the Army demanded Parliament Voâ—e payment New Judges and Serjeants at Law Petitions against the King and Treaty A large Remonstrance of the Army Hamond delivers the King to Col. Ewers Armies Declaration They come to White-hall Four Queries of the King concerning his Tryal The Kings Declaration concerning the Treaty The King is seized by the Army Divers Members seizâ—d by the Souldiers Agreement of the people Exceptions Vote against Vote Eikon Bas. cap. 28. The King brought to Windsor The Charge against the King The Queen writes to the King and General Votes of the Commons The Lords dissent Votes of the power of the Commmons house Proclamtaion for any to accuse the King New great Seal The Scots dissent The King brought to St. Iames's Form of the High Court of Justice The Lords and others against the Vote for Tryal The Scotish Declaration against the Kings Tryal Scots private instructions concerning the King The Actors proceeding The place of the Court of High Justice The Kings first Tryal The King accused Demurs to Authority of the Court and proves his Title successive not Elective Second Tâ—yal A Pre-Order in case the King will not answer The King interrogates their power and offers his reasons in writing The President prevent him with insolent rebukes Third dayes Tryal Saturday Tryal and Sentence The King râ—fuseth to Answer but before the two Houses of Parliament Presidents Speech The King not suffered to reply His Sentence Which the Tryers approvâ— The Kings Reasons against the jurisdiction of the Court a Hereabout I was stopt not suffered to speak any more concerning reasonâ— The King is abused by the Souldiery Hindered in his devorion and prayers The Committee order his Execution Ambassadors sue in the Kings behalf He is conveyed from St. Iames's to the Scaffold Passes to the Scaffold The King upon the Scaffold defends his innocency Howbeit he acknowledgeth Gods justice Pardons his enemies Takes pitty on the Kingdom Errours of the Faction How they may return to peace He praies Professes to dye a Christian according to the reformation of England He prepares to his death He is killed Reliques of the Kings death His body imbowelled His admired Book and Papers His Character only to be glanced at The Kings children The Kings Letter to the Prince of Wales