the Room foreâ—shortened and looking downwards as from the clouds the rarest postures that late ages can paralel being the portraictures of King Iames in several relations with all Imaginary similitude of Him tending towards Eternity for which he was well rewarded with the honour of Knighthood to boot Indeed the Artist had an indifferent esteem for his skill and by his wealth was wise enough to receive Informations on both parts in reference to Peace but never to be Plenepotentiary of either side for truly I cannot call him so much as Agent for any unlesse we admit him Ambo-dexter-Ambassadour for he was the means that a greater man Don Carlos Colonas came after to do the work And I have some knowledge in the particulars that the other was rather set on by us when with that conveniency we had him here It was in Iuly That an Arrest was made upon one Billingham sometimes a Captain at the Isle of Rhe and an attempt made to his Rescue by some Templers being acted in their Quarters of Priviledge to their Houses and to their cost they were wounded by the opposition of the Lord Major and his City Bands that were wilde to flourish out their Ensigns against any Gentlemen their Patrons This undertaking increased to a hot skirmish of above five hundred Of the Majors Militia four were killed and sundry others hurt above an hundred on both sides and so the Evening parted the This uprore so neer the Court caused the King to speed Justice with an extraordinary Session to be held in Guild-Hall London for Arraignment of several of the Malefactors seized vpon in the quarrel And by ill hap laid hold on Two who were accounted Principalls because more publique Captain Ashurst and Iohn Stamford the late Dukes servant for it was no medling with the Students And though Stanford came by but by chance in a Coach and onely drew his sword without any part in the fray These Two onely were found guilty by the City Jury and executed at Tyburn Stanford had his pardon before being in company when a Watchman was killed at a Tavern called Duke-Humphreys and his relations to his late Master made his crime the more remarkable now exceeding the bounds of Reason so without the bounds of Mercy There had been a Manuscript Book contrived long since by Sr. Robert Dudly at Florence 1613. that discontented Catholique who descended from the Dudlies Earls of Warwick and so he stiled himself It was a Rapsodie of severall Projects for increase of the Kings revenue and somewhat in prejudice of proceedings in Parliaments Sundry Copies thereof were disperst by such as meant not much honour to the King and therefore suspected to contrive the Book though pretended for his Majesties Instruction as the manner had been to force such feigned discoveries and fix them for the Kings designes and therefore the Earls of Bedford Somerset and Clare Sr. Robert Cotten Mr. Selden and Mr. Saint Iohn were committed and an Information entered in Star-chamber against them But Sr. David Fowles upon oath cleered the suspition and discovered the Authour and so it ended William Herbert Son of Henry Earl of Pembrook dies in April He was the third Earl from his Creation 3 Elizabeth Baron Herbert of Cardiff Lord Parr Ros of Kendal Marmion and Saint Quintin Lord Warden of the Stanneries Governour of Portsmouth Knight of the Garter Chancellour of the University of Oxford and lately Lord high Steward of the Kings Houshold but not of England He married Mary the Eldest daughter and co-heir of Gilbert Talbot Earl of Shrewsbury and dies without issue so that his honours descended to Philip Herbert his brother He supped the night before his death with the Countesse of Bedford at Bishops-gate upon the day of his birth fifty yeers since from thence he went home to Baynards Castle sitting up as usual very late for he was a hearty feeder and went to bed very well But not long after he fetcht a deep and deadly groan which startled his Lady that lay by and she not able to awake him called for company who found him speechlesse and so continued till eight in the morning and then died as a figure flinger had told him many years before We are told his Character in a high strain of Magnificence but we may give way to his good commendations in a reasonable measure A proper Person well set of graceful deportment his minde truly generous of the ancient stock and manner of Nobility His defects were in letters and Travel He had onely the breeding of England which gave him a conceited dislike of foraign men their manners and mode or of such English that professed much advantage thereby so that the Scots at Court and he were ever separate and therefore he was onely the old Courtier that kept close to the Commonalty and they to him and was therein trusted by his two Soveraigns as not over furnisht with abilities to be lesse then loyal which jealous Princes usually suffered In May 29 day the Queen was brought to Bed of a Son Surpassing joy there was of all true hearts and good subjects and in Iune the 27. baptized at Saint Iameses with princely Ceremonies and named Charles His Godfathers were the King of France and the Prince Elector represented by the Duke of Lenox and the Marquesse Hamilton the Godmother was the Queen Mother of France and her Person represented by the Duchesse of Richmond A man would stand amazed to believe that a sort of pretended sanctified subjects should not desire the King to have any issue I have my Author The Puritan-party that could not descern the cause of joy when the Queen was with childe God having better provided for us then we were aware in the hopeful Progeny of the Queen of Bohemia These men brought in the Reformed Religion Presbytery when it would be unâ—ertain what Religion the Kings children would follow And he observes to his own knowledge that when the most of the Parish gave publique signes of rejoycing with Bonefires Bell-ringing and mutual feasting onely the Presbyterian or Puritan party as he stiles them were shut up as on the day of general mourning And it may be remembred that afterwards as the Kings Issue increased the Common Prayer for the Kings onely Sister and her children was left out and in place thereof a Prayer compiled for preservation of the Kings Issue for though the Presbyterians hated the whole Book they would not stick to mention the one in their Prayer of the Pulpit and leave those other out of Gods blessing till by express command they were made to conform At his Birth there appeared a Star visible that very time of the Day when the King rode to Saint Paul's Church to give thanks to God for the Queens safe delivery of a Son upon which occasion these Verses were then presented Rex ubi Paulinas accessit gratus ad aras Immicuit medioâ— lucida stella
Barons and Bishops alwaies standing bareheaded Then every Bishop came to the King to bring their Benediction upon him and he in King Edwards Robes with the Crown upon his Head rose from his Chair and bowed to every Bishop apart Then was girt about him King Edwards Sword which himself after wards took off and offered it up at the Communion Table with two Swords more in relation to Scotland and Ireland or to some antient Principalities with his Predecessors enjoyed in France The Duke of Buckingham as Master of the Horse put on his Spurs and thus compleatly crowned his Majesty offered first Gold then Silver and afterwards Bread and Wine which was to be used at the holy Communion Then the King was conducted by the Nobility to the Throne upon the square Basis of five Descents the Quire singing Te Deum where he received the Oath of Homage from the Duke of Buckingham as Lord High Constable for that day and the Duke swore all the Nobility to be Homagers to his Majesty at the Kings knee Then the Earls and Barons laid their hands on the Crown upon the Kings head protesting to spend their bloods to maintain it to him and his lawful Heirs The Bishops kneeled down but took no oath the King kissing each of them Then the King took a Scrowl of Parchment out of his Bosom and gave it to the Lord Keeper Coventry who read it to the Commons four several times East West North and South the effect His Majesties pardon to all that would take it under his Broad-Seal From the Throne to the Communion Table where the Arch-bishop kneeling at the North side read prayers and the Quire sung the Nicene Creed the Bishops Landaff and Norwich read the Epistle and Gospels The Bishops of Durham and Saint Davids in rich copes with his Majesty received the Communion the Bread from the Archbishop the Wine from Bishop Saint Davids The King received last of all whilest Gloria Patri was sung and some prayers by the Arch-bishop conclude the solemnity After the King had disrobed himself in King Edwards Chapel he came forth in a short Robe of Red Velvet girt unto him lined with Ermins and a Crown of his own upon his head set with very pretious stones And thus the Train going to the Barges at the water-side they returned to White-hall about three a clock afternoon This being as yet the last solemnity of this King Charles I could say no less to preserve it to memory to shew what that State had been till it be so again And now the King calls a Parliament which met the sixth of February Sir Henage Finch Recorder of London chosen Speaker of the Commons House So soon are they summoned after their last Dissolution It was the Kings design then to take this short time of recess to cool the heat of some fiery Spirits and now for him to give all possible satisfaction to their former pressures of Grievances which had been lately fully cleared unto them in pursuance of their pretended devout care for settling of Religion But still the house of Commons scrutiny and by a Committee strictly examine what abuses had interferred the execution of his Majesties Grace therein And the Lords betake themselves to a Grievance of their own Order The old ones had a former complaint five years since to King Iames against such New Lords of foreign Titles of Honour that claimed thereby precedency of Inferior titles at home and were then quelled in that quarrel as being in the pleasure of the Prince to effuse the beames of Honour and to collate what he please upon whom and how he please But now another dress and much more boldly To the Kings most Excellent Majesty In all humility SHeweth unto your most Excellent Majesty your ever Loyal Subjects the Lords Spiritual and Temporal now in Parliament assembled That whereas the Peers and Nobility of this your Kingdome of England have heretofore in civility yielded as to strangers precedency according to their several degrees unto such Nobles of Scotland and Ireland as being in titles above them have resorted hither Now divers of the nâ—tâ—ral born Subjects of this Kingdom resident here with their Families and having their chief Estates among us do by reason of some late created Dignities in those Kingdomes of Scotland and Ireland claim Precedency of the Peers of this Realm which tends both to the dis-service of your Majeâ—â—â— and these Realms and to the great disparagemont of the English Nobility as by these reasons may appear 1. It is a novelty without precedent That men should inherit Honors where they possess nothing else 2. It is injurious to those Countreys from whence their Titles are derived that any should have Vote in Parliament where they have not a foot of Land 3. It is a grievance to the Countrey where they inhabit that men possessing very large Fortunes and Estates should by reason of foreign Titles be exempted from those services of Trust and Charge which through their default become greater pressures upon others who bear the burthen 4. It is a shame to Nobility that persons dignified with the Titles of Barons Viscounts c. should be obnoxious and exposed to arrest they being in the view of the Law no more then meer Plebeians We therefore humbly beseech your Majesty that you will be pleased according to the example of the best Princes and Times upon consideration of these inconveniences represented to your Majesty by the nearest Body of Honour to your Majesty that some course may be taken and an Order timely settled therein by your Princely Wisdom so as the inconvenience to your Majesty may be prevented and the prejudice and disparagement of the Peers and Nobility of this Kingdom may be redressed To which the King for the present Promised to take order therein And the next News was the commitment of the Earl of Arundel to the Tower and this the cause The King having a Design to reconcile an antient fewd of two families by contracting them into a Marriage between the Lord of Lorn son and heir to the Earl of Arguile and bred up in England a Protestant for that purpose and the Eldest Daughter of the late Duke of Lenox which though well known to the Earl of Arundel he very boldly marries his eldest Son the Lord Matravers unto her and excuses it to be the private contrivance of the two Mothers but he is committed to the Tower and being in time of Parliament the Peers Petition the King That no Peer is to be imprisoned without Order of the Upper House unless for Treason Felony or Denial of the security for the peace which retrived their old dispute Priviledge and lasted the debate of a Months time In which space Mr. Pym Chairman to the Câ—mmittee of Religion reports the Inquisition of their discovery A Letter to the Lord Maior of York for Reprieve of some Iesuits Priests and other Recusants which Letter was compared
proofs of his manhood had a strong minde to a second Marriage and as if recovered of his former Impotency to exercise himself upon tryal with Betty Paulet as they called her daughter she was indeed of a Knight extracted from that Nobility of the Marquesse of Winchester but by what venture of descent we need not enquire She was pretty but poor Beauty hath price enough and a great portion would not have him In March he was Married but being mistaken in his own abilities of the Bed having it seems not excercised that kinde of Low Countreys manhood found himself failing and so retired out of Town as to give occasion for others to court his Countess and his advantage of a second Divorce and in truth he was easily drawn thereto by such as hung upon him in former time his Revenue now divided into Families Wife and Women-creatures shared the less to his Dependants Their Design was to watch their Countess who was wanton enough for such a Husband and by a Ladder to her Chamber-window saw so much as forcing the Door Master Udal was found sitting upon her Bed-side very late unbraced with heat as in pursuit of her Sister who in merriment after some questions he had been commanded to kiss her she being shadowed in the Ladies Chamber where he went to seek her but the conclusion was Divorce though her innocency was pleaded and sealed with all possible protestations and so generally believed untill she proved with childe and yet the Earl was so wise as to father it Marry then the Moon-calf must fall at the minute of his own account which no doubt happened just with the birth of the Baby a jolly Boy and so as best right for him to nestle who seized it from the Mother never like to see it long alive nor what became of it we need not doubt But why these his dishonours were not more resented at Court agreeable to his Extraction in a prophetick relation to all King Charls his future mishaps is more of the Authours wonder than I can make of it and concludes that he became the Head of an Army giving the King Battel in a Pitch Fâ—eld partly upon the score of those indignities before which he supposes was charged on the Kings account It was in Anno 1627. Therefore Feoffees were legally intrusted to purchase in the Impropriations with their own and other good mens money and with the profit to maintain a constant preaching Ministery where the Word was wanting They consisted of 4. Divines to perswade the conscience 4. Lawyers for the Conveyances and four Citizens for no other end but their money There was no need of Captains for Captain Michael's Sword was then sheathed There are in England 9284. Parish-churches endowed with Glebe and Tithes But 3845. were either appropriated to the Clergy or impropriated as Lay-fines to private persons which latter these Feoffees endeavoured to redeem and might have done it in fifty years by the large summs soon advanced and no wonder the subtilty was not then discerned for in time the Purchasers would become the prime Patrons for number and greatness of Benefices multiply their dependence and increase non-conformity and therefore the Attorney General Noy exhibited a Bill in the Exchequer to overthrow their Apocrypha incorporatum First Breach of Trust for erecting a Morning Lecture at St. Antholines London the Land of Goshen and not in other places far distant where Souls famished for want of Food Secondly preferred Non-conformists and so their proceedings were censured as dangerous to the Church and State pronounced illegal and dissolved and their money confiscate to the King which yet of late was accounted a pious Project Good men and bad are Examples fit for History the one to follow these to shun And the man of the first rank was Mervin Lord Audley Earl of Castlehaven married to a second Wife the Daughter of the old Countess of Derby and Widow of the Lord Chandos by whom she had a Daughter married to the Lord Audley the Earls eldest Son This Earl upon Petition of his own Son and Heir the Lord Audley was committed in December last and indicted at Salisbury the County of his abode the 25. of March the first day of this year 1631. accused for causing one Skipwith of mean extraction and his Servant advanced by him to great preferment to assist him to ly with his Countess and to cuckold his Son Audley the Earl assisting and to hold his Wife whilest Brodway did ravish her and for acting Sodomy upon Brodway and Fitz Patrick his Servants a strange kinde of hideous monstrous quality in the sin of this Earl enforcing others to that wickedness wherein himself had no temptation for his excuse or inclination to the action which is the begining of sin no fruits or sensual pleasure for the present which is the act in sin no advance or profit in the future which is a reward to a mans self of his sin The uncouth baseness of the Rape the Master to serve the Servants to cuckold himself the highest horridity of a Wittal the Husband to ravish his own Wife nay to commit a Rape upon himself being both one a sin without former President or future belief so monstrous in the manner so execrable in the end The onely man of Nobility of infamous note that suffered judicial Execution by this King for I reckon not the Earl of Strafford under that notion These Crimes are bad enough we need not devise any more that he in Prison impudently told some Lords his whole delight was to damn Souls by inticing men the surest way to effect it which hath no credit and we shall lodg no other upon him but truths for certainly had he said this before his Trial it might have been remembred as all circumstances were then to advance his guilt And it becomes an Historian in dubious relations to admit the most Christian and charitable being more unlawfull to deceive Posterity by feigned narrative than to abuse a Judg by false Witness But of the other he was found guilty by Grand Inquest and so his cause put over to the Kings Bench and his Person sent to the Tower The manner of his Trial for Life was by a Court of High Commission delegated to some principal Person as chief Iudg constituted with a Power as being next to the King In some sort matching the Ephory amongst the Lacedemonians and therefore not to be longer intrusted than for the time of Trial for the business being done he breaks his Staff the Verge of his Power and Authority And Thomas Lord Coventry Lord Keeper of the Great Seal was by Patent of the thirteenth of April 1631. commissioned Lord High Steward of England for the Day being the five and twentieth of April And because it was the first and last Commission of this nature by this King we shall not spare the particular Narrative to rectifie mis-reports of many others herein It was at the
consequently have power to give order for the external part of Gods Service as was by Parliament granted to Queen Elizabeth and her Successours And the first Congregators calling themselves Protestants by Contract with Queen Elizabeth Anno 1559. received by Contract the Common Service-book of the Church of England for the better obtaining assistance from her to beat out the French then nestled in Scotland as Buchanan confesses Scoti ex servitute Gallica Anglorum auxiliis liberati eisdem Ritibus cum Anglis communibus subscripserunt lib. 19. in fine which was done by way of Indenture and thereupon Queen Elizabeth assisted them at their own charges and the English Service-book was so received by the Protestant Kirk of Scotland and practised as appears in Iohn Knox his History p. 111. of Buchanan's Edition in these words It is thought covenient advised and ordained that in all Parishes of this Realm Scotland the Common Prayer-book be publickly read weekly on Sundays and other Festival Days with the Lessons of the Old and New Testament therein contained conform to the Order of the said Book of Common Prayer and if the Curates of the Parishes be qualified to cause them reade the same and if they be not or refuse that the most qualified in every Parish shall reade it And that Preaching and Interpretation of Scriptures be used privately in the most convenient Houses where the People may quietly convene untill it shall please God to move the Princes heart to grant liberty of publick Preaching by faithfull and true Ministers And this was done Anno 1560. being so agreed upon the Year before And according to Queen Elizabeths Contract on her part she sent the Lord Grey with an Army of ten thousand Land-forces and an Navy by Sea which expulsed the French from thence but their turn served they afterwards devised another way of Discipline of their own like as those Covenanters did now refuse this Service-book not for any fault therein but because they would not have their Kirk depend upon the Jurisdiction and Order of the Church of England And whereas these Covenanters accused the Arch-bishop of Canterbury as Authour of this Book with the success thereafter as that they presumed to put their Platform of Geneva Discipline even upon the very Church of England as by their Solemn League and Covenant hereafter appeareth which though it take for a time with the prevalent party of their Faction in England yet shortly after as extravagant and they have since received their reward of slavery so just it is with God Some upright and honest Scots were in policy taken off either by subtilty or force And because the Earl of Strathern a bold man and had the Kings ear and deservedly too being faithfull and true these men set on Sir Iohn Scot Directour of the Chancery a busie Person to inform against his Descent which they call Service as Heir to David Earl of Strathern pretending to the Crown The story was thus briefly Robert the second of that Name and first of Stuarts about the Year of God 1370. entred his Reign at fifty years old having been Regent for his Uncle King David Bruce and had Issue by his Concubine Elizabeth Sir Moor's Daughter three Sons viz. John called Robert the third Robert Duke of Albany and Earl of Fife and Alexander Earl of Buchan In the second year of his Reign he married Aufeme Daughter to the Earl of Rosse and begat of her two Sons Walter Earl of Athol and David Earl of Strathern infeoffing upon them great Estates of Crown-lands intailed onely to their Heirs male legitime or to return to the Crown The King aged and infirm intrusted the power of the Militia to his eldest Son John Earl of Carrick and Lord of Kyll a valiant Person The Queen dying and leaving two young Sons the King marries his former Concubine Besse Moor and preferred her three Sons begotten out of Marriage before his legitimate Sons this being done by the Popes Dispensation and by Act of Parliament or by a Prior clandestine Marriage as was pretended yet the History bears it not But John succeeded by the name of Robert the third because two Kings Johns of England and France had been unfortunate And from this Robert lineally the Race of the subsequent Kings are descended David Earl of Strathern left onely one Daughter married to the Lord Graham's second Son who left onely one young Son Melissus Graham Earl of Strathern and King James the first returning to Scotland after eighteen years but noble Captivity in England and finding the Crown-rents much decayed caused a general search of the Dilapidation and the return made among others that the Earldom of Strathern ought to devolve to the Crown by the Intail and so it was reassumed but the young Earl so near a Kinsman he created Earl of Menteth with some small Rents at which the young mans Uncles the Earl of Athol aspiring to the Crown and Sir Robert Graham quarrel and murdered the King but were exemplarily punished and Athol forfeited since which time the Earls of Menteth lived privately untill this man was set up by the late Duke of Buckingham obtaining of the King neither of them acquainted with the Genealogy to be lineal Heir to that David Earl of Strathern his Predecessour to have the Title of Earl of Strathern who some years after vainly let fall these words that the King held the Crown of him and being tried and found guilty the Title was recalled and he had given to him the Title of Earl of Airth but discourted and put out of place or further medling in State-affairs extremely and specially aimed at by the former Contrivers of his ruine lest he might hinder their wicked intended Designs against the King and the estate of the Church and Bishops for the Man was noted to be very honest and faithfull though fâ—lly invented those words without any intention of mischief But it is dangerous to dally with the Sovereignty of Kings much more with their Crowns lest the wound become incurable nothing more dear than their Titles and Posterity And the restoring of Menteth in bloud was very disadvantagious to the King and indeed dangerous to the Earl himself comparing his case with others the like heretofore Henry the sixth of England restoring in bloud the Descent and Titlâ— of the Duke of York who openly thereafter made claim in Parliament for the Crown as in his own right laying down his Title thus The Son of Ann Mortimer who came of the Daughter and sole Heir of Lionel Duke of Clarence third Son of King Edward the third is to be preferred by very good right in succession of this Kingdom before the Children of John of Gaunt the fourth Son of Edward the third but Richard Duke of York is come of Philippe the Daughter and sole Heir of Lionel Duke of Clarence third Son of King Edward the third and to be preferred before the Children of the fourth Son
others progress to an equal poise and in a word the same Ministers of State spurred on by ambitions and to raise their families from time to time have increased suspicions which have hatched these fatal wars through all Europe France styles her self most Christian but meddles least therein ordinarily attracting the Reformates to her interests and being enemies to the Pope and so to Spain which suffers not their doctrines in her dominions But Spain will be Catholique-zealous for her Religion and seldome declines her aid to any of her own unless by force proceeding from the necessity of State affaires through some new conjuncture Lewes the thirteenth attached the house of Austria with much authorâ—ty and power in so much that Richelieu the Angel Guardian of France by his puissant alliances begat an opinion that amongst polititians there he endeavoured the Universality for his Master and so to overthrow the Emperial house by the helpe of the Hollanders and his other underhand underminings which he could never so poise for any time but that the Scales were now up then down to his dying day The Earl of Strafford had passed upon him the Commons accusation and now it was time to form their compleat charge into twenty eight particulars and being ready Ianuary the thirtieth they were presented by Mr. Pym to the Peers in the presence of the Earl and although it was long two hundred sheets and so time would be taken up for engrossing and though the Treasons therein alleaged were of a standing time above fourteen years not suddainly to be answered unto yet the Commons were earnest for dispatch and he enjoyned such hast as by the four and twentieth of February it was read to the Lords in the Kings presence and the next day after to the Commons He craved aid of the Council which in cases of Treason is not allowed in plea de facto it may not but in matters de lege it may and so he had Councel And the place of his Trial could not be in the Lords House being of little Room to hold the House of Commons who desired to be present and to manage the accusation by their own members and in a full body of their house compleat which the Lords would not indure and they come as a Committe and so Westminster-hall was the place assigned and that not to big for this unparralel Trial the King Queen Prince and Courtiers being present and all the Parliament The scene was at the upper end reared of some heigth and above that a Chaire and cloth of State on either side a close private Gallery for the King Queen and Prince Before them seats for the Peers and on either sides Scaffolds mounted for all the house of Commons who sate bare headed and hundreds of others Auditors who could get leave to enter The command of the place and stage was ordered by the Earl of Lindsey not as he was made high constable for the day but as he was Lord great Chamberlain of England in right of his mother Mary the daughter of Iohn de vere the sixteenth Earl of Oxford who maried Peregrine Berty Lord Willoughby of Earesby by whom she had issue this Robert now Earl of Lindsey and thereby the disposing of all the Scaffolding as his fee when the Tryal was ended The Bishops being by ancient Canons disabled to be present at the sentence of blood and death but not from being assistants in examining and deposing of witnesses or giving Councel till now abridged by this Parliament to sit as Peers And it is observed that they were defended to have right of place presence by a Manuscript in many hands de jure Paritat is episcoporum and their Priviledges thereby asserted in this particular which yet they as the times were did not interpose but were contented to be absent giving advantage thereby to the Parliament to deprive them of their votes and after to destroy their calling On Munday the two and twentieth of March the day fixed for his appearing at Westminster-hall almost five moneths time since his first Commitment which it seems was taken up and spent for procuring proofs of witnesses purposely sent for from Ireland And in truth the rather for Intertaining some Overtures of the Court to take of the edge of his adversaries and the best and usual way was by their several preferments The Earl of Bedford to be Lord Treasurer Mr. Pym Chancelor of the Exchequer the Earl of Essex Governour of the Prince Mr. Hamden to be his Tutor the Lord Say Mr. of the wards and Mr. Hollis principal secretary in the place of Windebanck the Deputies place in Ireland also to another and the Earl of Warwick in some command in the Navy And it was in part prosecuted in relation hereto for the Bishop of London did deliver up the Treasury staff and the Earl of New-castle the governance of the Prince the Lord Cottington resigned up his offices in the Court of wards and Exchequer and it was not to be doubted that the Bishop of Salisbury Dr. Duppa would willingly quit his place of Tutor to the Prince But whether the Kings mind was herein mutable or what else intervened they thus concerned and baffled became irreconciliable to the Earls destruction and that this is true may be hinted from the Kings Declararion of the twelfth of August after what Overtures had been made by them saies the Declaration and with what Importunities for offices and preferments what great services should have been done for him and what other undertakings even to have saved the life of the Earl of Strafford So cheap a rate it seems might have saved that Incomparable Statesman The Earl of Arundel was made Lord High Steward and the Earl of Lindsey Lord High Constable and thus set as before said the Earl of Strafford was told by the High-steward that he was called thither to answer the Impeachment of High Treason preferred against him by the Commons of England and Ireland expressed in their accusation to which he had answered and both of them read took up this day and the Court adjourned to the next day when the house of Commons fell upon the first seven general Articles of subverting the fundamental Laws of both Nations and this was managed by Mr. Pym a paper sealed was opened and read which signified from the Parliament of Ireland that they had voted the Earl guilty of High Treason To which he in passion said There was a conspiracy against him to take away his life It would not admit of recollection and the Commons cried out for Justice against him who standing impeached of high Treason accuseth the Parliaments of two Kingdomes of a conspiracy against him for which inconsiderate words he humbly craved pardon not thereby intending either Parliament but meant it by some particular persons Mr. Pym craved that he should forthwith answer to three Articles more which were lately annexed to the charge But although the
the Breaches of the State without the Ruines of the Church as I would be a Restorer of the one so I would not be an Oppressor of the other under the pretence of Publick Debts The Occasions contracting them were bad enough but such a discharging of them would be much worse I pray God neither I nor mine may be accessory to either And now dies Mr. Iohn Pym a Member of the House of Commons and a notable stickler for the Parliament he was ever observed to be an high Prebyterian in profession whose subtilty managed the most of their publick affair and ended his days when he had wrangled for the Mastery and left all in great doubt which party might overcome not without some regret and repentance they say that these Differences which he hatched should prove so desperate as he now too late fore saw would undo this Nation In the midst of May it was that Colonel Nath Fines Governour of the City of Bristol had discovered a Plot of the Inhabitants to betray the Town which after much Examination lighted upon Robert Yeomans and George Bourchier who had secretly provided themselves of Arms intending to kill the Centinels by night and possess the Main Guard whereby to master the greatest part of the other side within the Town to kill the Mayor and many others affected to the Parliament and by that means to betray the City to the Kings Forces which should lodg near hand for that purpose two miles off but the Plot pretended was discovered and those men condemned by a Council of War to be hanged This was known at Oxford whereupon the Kings Lord Lieut. of all his Forces the Lord Ruthen lately made Earl of Forth writes to the Governour of Bristol I having been informed that lately at a Council of War you have condemned to death Robert Yeomans late Sheriff of Bristol who hath his Majesties Commission for raising a Regiment for his Service William Yeomans his Brother George Bourchier and Edward Dacres all for expressing their loyalty to his Majesty and endeavouring his Service according to their Allegeance do therefore signifie to you that I intend speedily to put Mr. George Mr. Stevens Captain Huntley and others taken in Rebellion at Cirencester into the same condition I do further advise you that if you offer by that unjust Iudgment to execute any of them that those here in custodie must expect no favour or mercie At Oxford May 16. 1643. To the Commander in chief of the Council of War in Bristol Forth The Answer comes from the Governour Colonel Nathaniel Fines and the Council of War at Bristol in effect That if you shall not make distinction between Souldiers of Arms and secret Spies and Conspirators we will not onely proceed against them but others and if by any inhumane and unsouldierlike Sentence you shall execute those persons you named then Sir Walter Pye Sir William Crofts and Colonel Connesby and others whom we have here in custodie must expect no favour or mercie May 18. 1643. Nath. Fines President c. To Patrick Earl of Forth Lord Lieutenant General And so notwithstanding the Kings Letter also to the Mayor and Citizens in their behalf Yeomans and Bourchier were hanged May 30. There was a Plot discovered at London the last of May against the Cities of London and Westminster and by consequence the whole Parliament the chief of the Conspiracy were Mr. Waller a Member of the House of Commons Mr. Tomkins his Brother in Law and lately Clerk of the Queens Council Mr. Chaloner Mr. Hasel Mr. Blinkhorn Mr. White and others As for the Plot we have ravelled into the search of the truth but must take it from the Parliaments Declaration That they should seize into their custodie the Kings Children some Members of the Parliament the Lord Mayor and Committee of Militia all the Cities Out-works and Forts the Tower of London and all the Magazines Then to let in the Kings Forces to surprize the Citie and destroy all Opposers and to resist all payments of Taxes And much heartened they were by a Commission of Array sent from Oxford at that time and brought secretly by the Lady Aubigne Daughter to the Earl of Suffolk Widow of the late Lord Aubigne wounded at Edg-hill and died at Oxford the thirteenth of Ianuary This Commission was directed to Sir Nicholas Crisp and divers others This Plot was discovered the last of May. They were arreigned in publick at Guild-hall and all those four named condemned onely Tomkins and Chaloner executed the first 〈…〉 Door in Holborn the other in Corn-hill but the chief Conspirator Waller was by General Essex reprieved imprisoned a twelve-moneth in the Tower and after for a Fine of ten thousand pounds pardoned and for shame sent to travel into France The reason is much studied for satisfying the World why he the chief Actor the other but brought in by the by should receive such partial Justice because he was ingenious and confessed all and Mr. Pym had engaged his promise for his Life but certainly the most evident Reason is very apparent his great Sum of Money paid down and belike his ample confession of the particulars which the other at their death did not acknowledg Iuly 5. The Parliament having been put to it in want of the great Seal of England now at Oxford for confirmation of their Acts and Ordinances it had been oftentimes disputed and committed the making of another Seal for the use of the Parliament yet deferred the times not â—itted for so great a business the renewing of the Treaty being offered at on both sides But now the Parliament pass four Votes 1. That it is necessary the Great Seal to attend the Houses 2. That there hath been a failer of it at this Parliament 3. Much prejudice to the King Parliament and Kingdom 4. That the Houses ought to provide a Remedie thereof for the time to come Afterwards they made an Order That if the Lord Keeper Littleton upon Summons did not return with the great Seal within fourteen days he should lose his Place and whatever should be sealed therewith by him after that time should be null and vacate in Law A worthy Member desired the Serjeant at Law that ordered the Ordinance not to wade too far in the business before he did consult the Statute of 25 Edward 3. where Counterfeiting the Great Seal is declared high Treason To which the Serjeant replied That he purposed not to counterfeit the old Seal but to make a new Indeed the Parliament being the highest Court and Council had shewn their legislative power by passing Ordinances without the Kings assent to binde the Subject in the exercise of the Militia and that there wanted nothing but the executive part with a Great Seal for the administring justice in all Courts of Law and Equity which would sufficiently declare their power in all necessary Incidents of that supreme Council That since inferiour Courts had their proper Seals the
this Victorious General divide their great Body into flying Armies carrying on an offensive War up and down where they pleased for Norlington forthwith surrendred the Duchy of Weitemburgh soon submits and their Duke flies to Strasburgh The Emperour sufficiently recovering his Eagles Plumes formerly obscured by the Septentrional Mars And yet to shew to the world reason and right from the difference of contraries The one would have War in the continuation of Conquest But the Emperour declares his desire of peace even in Victory They would carry on all with violence He to restore all to the first owner by a moderate accommodation And truly so it was offered by the King of Hungary to the Duke of Saxony and the other Prince which was afterwards the next year accepted for a while until the French Flower de Luce with her Odour marred the scent of the sweet smelling Frankincense In which time the Cardinall Infanto took time to visit his Government in Flanders The aid of Ship-money had set out one Fleet for securing of the Narrow-Seas this summer under Command of the Earl of Lindsey not the Earl of Northumberland till next year with fourty gallant Ships the third of May and the Earl of Essex his Vice-Admiral with twenty sail And being abroad at Sea the King resolves to continue his designe for the future with formidable Fleets annually and so it was thought convenient to lay the charge of Ship-money universally upon all Counties And therefore the Lord Keeper had command to direct the Judges of Assizes in their Circuits for the promoting of the Writs which were to Issue out for the next year which he did at the usual Assembly of the State in Star-chamber the end of Midsummer term the seventeenth of Iune to this effect My Lords the Judges THe Term being ended you are to divide your selves to your several Circuits for the service of the King and the good of the subjects In the Terms the people follow and seek after justice four times in the year but in the Circuits Iustice is carried down to them for their ease twice in the year so gracious is the frame and constitution of the Kings Government It is the Custom that you receive directions as his Majesties or his Councel shall think seasonable to impart to you that no cause may be of complaint either for denial or delay of Iustice. Of the tryal of Nisi prius it moves in a frame if your Officers do their duties you cannot tread awry Look to the corruption of the Sheriffs and their deputies the partiality of Jurors Aâ—d because the time of Assizes is very short therefore apply your selves to these particulars Amongst many I shall commend unto you first the presenting and convicting of Recusants those â—orfeitures being many years assigned for the publique defence Next to make a strict inquiry after Depopulations and Inclosures a Crime of a crying Nature robbing God of his honour and the King of his subjects Churches and Houses going down together the Freeholders hate them as oppressions of an high Nature bringing to posterity that Wo which is pronounced to those that lay house to house and field to field to dwell alone in the widest of the earth The next is the numerous erecting of Ale-houses the pest of the Kingdome none to be permitted without Licence a few in fit places according to Law The Iustices of peace are often to blame herein I did once discharge two Justices for setting up one Ale-house You are to see that the vagabonds shall be duly punished Constables Headboroughs and watchmen are to do their duties herein and these to be elected out of the better sort of Yeomanry There have been Presidents that the whole County hath been accountable to the King for the election of a faulty Coronor And if the Lords of Leetes were so punished for ill Constables the mischief would finde remedy And for binding of Apprentices in the Country the Iustices of peace are to execute their printed directions therein and you are to return the Names of the Iustices of peace to the Lords of the Councell that are faulty in their duties One thing more I have in charge to give you of great weight the honour of the King and Kingdom and their safety Christendom is full of wars the goodnesse of God to us that we are in peace and plenty It is a good precept in Divinity and holdeth in policie too Jam proximus ardet which if well observed it would warn our Neighbours to â— stand upon our own Guard Not to be enforced to fight and therefore to arm our selves better then not to arm and to be forced to fight providence being better than necessity The king therefore hath commanded all Land forces to be in readiness and hath set to sea a Royal Fleet not all at his own charges but also with the assistance of the Maritan places of the Kingdom And his Majesty hath vouchsafed by his Writs to declare enough to satisfie well minded men and to expresse the clearnesse of his princely heart in ayming at the general good of all The dominion of the sea as it is the ancient and undoubted right of the Crown so it is the best security of this Land and all good subjects will endeavour that the dominion of the Sea may be preserved not to be lost or deminished The Woodden Walls are the best walls of the Kingdom and if the Riches and wealth of the Nation be respected for that cause the dominion of the Sea is to be preserved else what would become of our Woolls Lead and the like the prizes would fall to nothing if others should be Masters of the Sea There is a Case in the Book of Assizes 43. That certain men went down into the Countrey and reported there that no Wooll should passe over Sea that year which occasioned the Woolls so low prized that the men were questioned and fined what then may follow in the losse of the dominion of the Sea in all our Commodities but losse of Trade Therefore as his Majesty thought fit to set forth that Fleet now upon the sea so he being ingaged for the honour of himself and Kingdom to strengthen this with greater Forces and more shipping therefore he upon advice is resolved to send forth new Writs for the preparation of a greater Fleet the next year not onely to the maritime Towns but to the whole Kingdome as wholly interessed in the benefit And that you the Iudges are commanded in your charge at the Assizes and at all places opportunely to acquaint the people of his Majesties care and zeal to preserve his and the Kingdoms honour in the dominion of the Sea by a powerfull Fleet and you are to let them know how just it is for his Majesty to require this for the common defence and with what alacrity and chearfulness they are bound in duty to contribute the best way to assure unto us a
are contained in our late printed Declarations which were sent to your Lordship which summarily we here repeat That the late Acts of Parliament may be published in his Majesties Name with the States of Parliament That Edenburgh Castle and other Strengths of Scotland may as to their first foundation be fortified and used for our defence and security That our Countreymen in England and Ireland may not be pressed with Oaths and Subscription warranted by your Law and contrary to their National Oath and Covenant That the common Incendiaries the Authours of Combustions in his Majesties Dominions may receive their Censure That our Ships and Goods with all the Dammage thereof may be restored That the wrongs losses and charges which all the time we have sustained may be repaired That the Declarations made against us as Traitours may be recalled That by the advice and consent of the States of England to be convened in Parliament the Garrisons may be removed from the Borders and any Impediment that may stop free Trade and settle Peace for our Religion and Liberties against all Fears of Molestation and the undoing of us from year to year or as our Adversaries shall take the advantage And that the meeting of the Peers the four and twentieth of this instant will be too long ere the Parliament will be convened the onely means of settling Peace the sooner they come the more shall we be enabled to obey his Majesties Prohibition of our advancing with our Army Nothing but invincible necessity hath brought us out of our Countrey to this place and no other thing shall draw us beyond the Limits appointed by his Majesty wherein we hope your Lordship will labour for our Kings honour and the good of our Countrey Leaguer at New-castle Septemb. 8. 1640. Your Lordships loving and humble Servants and Friends c. Those English Lords that meant not to fight either for necessity or honour fearing that their next Meeting might prevent a Parliament had this while devised their Petition to the King in effect for a Parliament the great aim on all sides answerable to the Scots desire before they set out from home which they published at the head of their Army in a Pamphlet called The Intentions of their Army viz. Not to lay down Arms till the Reformed Religion were settled in both Nations upon sure grounds the Causers and Abetters of their present Troubles be brought to publick justice and that in Parliament And these Abetters were the Papists Prelates and their Adherents in general but more particular the Arch-bishop of Canterbury and the Lieutenant of Ireland And therefore to answer them comes out a correspondent Petition from a Compound of six Earls one Viscount and four Barons being a Descant on the Scots Plain-song And to back these Petitions are poasted from London and other places presently after The Lords Petition was thus Most gracious Sovereign The zeal of that duty and service which we ow to your Sacred Majesty and our earnest affection to the good and welfare of this your Realm of England have moved us in all humility to beseek your Royal Majesty to give us leave to offer to your Princely wisdom the apprehension which we and others your faithfull Subjects have conceived of the great Distempers and Dangers now threatning the Church and State and your Royal Person and of the fittest means by which they may be removed and prevented The Evils and Dangers whereof your Majesty may be pleased to take notice are these 1. That your Majesties Sacred Person is exposed to Hazzard and Danger in the present Expedition against the Scotish Army and by occafion of this War your Majesties Revenue is much wasted your Subjects burthened with Coat and Conduct-money billeting of Souldiers and other Military charges and divers Rapines and Disorders committed in several parts of this your Realm by the Souldiers raised for that Service and your whole Kingdom become full of Fears and Discontents 2. The sundry Innovations in matters of Religion the Oath and Canons lately imposed upon the Clergy and other your Majesties Subjects 3. The great increase of Popery and the imploying of Popish Recusants and others ill-affected to the Religion by Laws established in Places of power and tâ—ust especially in commanding of Men and Arms both in the Field and sundry Counties of this your Realm whereas by Law they are not permitted to have any Arms in their own Houses 4. The great Mischiefs which may fall upon this Kingdom if the intentions which have been credibly reported of bringing in Irish and foreign Forces should take effect 5. The urging of Ship money and prosecution of some Sheriffs in the Star-chamber for not levying of it 6. The heavy charge upon Merchandise to the discouragement of Trade the multitude of Monopolies and other Patents whereby the Commodities and Manufactures of the Kingdom are much burthened to the great and universal grievance of your people 7. The great grief of your Subjects by long intermission of Parliaments and the late and former dissolving of such as have been called without the happy effects which otherwise they might have produced For remedy whereof and prevention of the dangers that may arise to your Royal Person and to the whole State they do in all humility and faithfulness beseek your most Excellent Majesty that you would be pleased to summon a Parliament within some convenient time whereby the causes of these and other great grievances which your people lie under may be taken away and the Authors and Counsellors of them may be there brought to such legal trial and condign punishment as the nature of their several offences shall require And that the present War may be composed by your Majesties wisdom without blood in such manner as may conduce to the Honour and safety of your Majesties Person the comfort of your people and the uniting of both your Realms against the common Enemy of the Reformed Religion And your Majesties petitioners shall ever pray c. Concluded the 28. of August 1640 Francis Bedford Roberâ— Essex Mulgrave Say Seal Edward Howard The Earl of Bristow William Hartford Warwick Bulling brook Mandevil Brook Paget The Kings Answer was BEfore the receipt of your Petition his Majesty well foresaw the danger that threatens himself and Crown and therefore resolved to summon all the Peers to his presence upon the 24 of this September and with them to consult what in this case is fittest to be done for his honour and safety of the Kingdom where they with the rest may offer any thing that may conduce to these ends And so accordingly the Lord Keeper had command and did issue out Writs of summons for their appearance at York the 24. of September And to meet them there comes To the Kings most Excellent Majesty The Humble Petition of your Majesties Loyal Subjects the Citizens of London Most Gracious Soveraign BEing moved by the Duty and Obedience which by Religion and Laws your Petitioners owe unto
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
omit or deny to perform or undergo all Lawful decrees sentences and orders issued imposed or given out against them and them to commit and keep in the next Gaole untill they should either perform such sentences or put in sufficient Bail to shew some reason before the Counsel Table of such their contempt and neglect and the said Earl the day and year last mentioned signed and issued a warrant to that effect and made the like warrant to send all other Bishops and their Chancellors in the said Realm of Ireland to the same effect The Earls Reply That such Writs had been usually granted by former Deputies to Bishops in Ireland nevertheless being not fully satisfied with the convenience thereof he was sparing in granting of them untill being informed that divers in the Diocess of Down were somewhat refractory he granted Warrants to that Bishop and hearing of some Disorders in the Execution he called them in again 10. That the said Earl of Strafford being Lord Lieutenant or Deputy of Ireland procured the customes of the Merchandise exported out and imported into that Realm to be farmed to his own use And in the ninth year of his now Majesties Reign he having then interest in the said Customs to advance his own gain and lucre did cause and procure the native commodities of Ireland to be rated in the book of Rates for the Customes according to which the Customs were usually gathered at far greater values and prices than in truth they were worth that is to say every hide at 20 shillings which in truth was worth but five shillings every stone of Wool at thirteen shillings four pence though the same ordinarily were worth but five shillings at the utmost but nine shillings by which means the Custom which before was but a twentieth part of the true value of the commodity was inhanced sometimes to a fifth part and sometimes to a fourth sometimes to a third part of the true value to the great oppression of the Subjects and decay of Merchandise The Earls Reply That his Interest in the Customes of Ireland 〈◊〉 to him by the Assignation of a Lease from the Dutchess of Buckingham that the Book of Rates by which the Customes were gathered was the same which was established by the Lord Deputy Faulkland Anno 1628. some years before he was imployed thither That as he hath been just and faithfull to his Master the King by increasing his Revenue so hath he also much bettered the Trade and Shippâ—ng of that Kingdom 11. That the said Earl in the ninth year of his now Majesties Reign did by his own will and pleasure and for his own lucre restrain the exportation of the commodities of that Kingdome without his licence as namely Pipe-staves and other commodities and then raised great sums of money for licensing of exportation of those commodities and dispensation of the said restraints imposed on them by which means the Pipe-staves were raised from four pound ten shillings or five pound per thousand to ten pound and sometimes eleven pound per thousand and other commodities were inhanced in the like proportion and by the same means by him the said Earl The Earls Reply That Pipe-staves were prohibited in King Iames his time and not exported but by Licence paying six shillings eight pence a thousand and that he had not raised so much thereby to himself as his Predecessours had done for such Licences 12. That the said Earl being Lord Deputy of Ireland on the ninth day of Jan. in the thirteenth year of his Majesties Reign did then under colour to regulate the importation of Tobacco into the said Realm of Ireland issue a Proclamation in his Majesties name prohibiting the importation of Tobacco without licence of him and the Counsel therefrom and after the first day of May Anno Dom. 1638. After which restraint the said Earl notwithstanding the said restraint caused divers great quantities of Tobacco to be imported to his own use and fraighted divers ships with Tobacco which he imported to his own use and that if any ship brought Tobacco into any Port there the said Earl and his Agents used to buy the same to his own use at their own price And if that the owners refused to let him have the same at under values then they were not permitted to vent the same by which undue means the said Earl having gotten the whole Trade of Tobacco into his own hands he sold it at great and excessive prices such as he list to impose for his own profit And the more to assure the said Monopoly of Tobacco he the said Earl on the 23. day of Feb. in the 13. year aforesaid did issue another Proclamation commanding that none should put to sale any Tobacco by whole-sale from and after the last day of May then next following but what should be made up into Rols and the same sealed with two seals by himself appointed one at each end of the Roll. And such as was not sealed to be seised appointing sixpence the pound for a reward to such persons as should seise the same and the persons in whose custody the unsealed Tobacco should be found to be committed to Gaol which last proclamation was covered by a pretence of the restraining of the sale of unwholesome Tobacco but it was truly to advance the said Monopoly Which proclamation the said Earl did rigorously put in execution by seising the goods fining imprisoning whipping and putting the offenders against the same proclamation on the pillory as namely Barnaby Hubbard Edward Covena John Tumen and divers others and made the Officers of State and Iustices of peace and other Officers to serve him in compassing and executing these unjust and undue courses By which cruelties aâ—d unjust Monopolies the said Earl raised 100000. pounds per annum gain to himself And yet the said Earl though he inhanced the Customes where it concerned the Merchants in general yet drew down the impost formerly taken on Tobacco from six pence the pound to three pence the pound it being for his own profit so to do And the said Earl by the same and other rigorous and undue means raised several other Monopolies and unlawfull exactions for his own gaine viz. on Starch Iron pots Glasses Tobacco pipes and several other commodities The Earls Reply That before his time the King had but ten or twenty pounds per annum for that Custome which now yielded twenty thousand pounds For the Proclamation it was not set out by his means principally or for his private benefit but by consent of the whole Council The prices of Tobacco not exceeding two shillings the pound And this he conceives cannot be made Treason were all the Articles granted but onely a Monopoly for which he was to be fined 13. That flax being one of the principal and native Commodities of that Kingdome of Ireland the said Earl having gotten great quantities thereof into his hands and growing on his own Lands did issue out several
here and my eternal happiness hereafter through Jesus Christ our Lord in whose Name and words I conclude Our Father which art in Heaven c. The Petition of the Earl of Strafford unto the Lords before he died To the Right Honourable the Lords Spiritual and Temporal in this present Parliament assembled The humble Petition of Thomas late Earl of Strafford sheweth That seeing it is the good will and pleasure of God that your Petitioner is now shortly to pay that dutie which we all ow to our frail nature he shall in all Christian patience and charitie conform and submit himself to your justice in a comfortable assurance of the great hope laid up for us in the mercie and merits of our Saviour blessed for ever Onely he humbly craves to return your Lordships most humble thanks for your noble compassion towards those innocent children whom now with his last blessing he must commit to the protection of Almightie God beseeching your Lordships to finish your pious intentions towards them and desiring that the reward thereof may be fulfill'd in you by him that is able to give above all we are able either to ask or think Wherein I trust the Honourable House of Commons will afford their Christian assistance And so beseeching your Lordships charitably to forgive all his omissions and infirmities he doth very heartily and truly recommend your Lordships to the mercies of our heavenly Father and that for his goodness he may perfect you in every good work Amen Tho Wentworth Some design there was no doubt of delivering the Earl of Strafford by escape as appears by examination of Sir Will. Balfore Lieutenant of the Tower who says he was commanded to receive Captain Billingsley into the Tower with an hundred men for securing of the place and to be under his command but coming thither Balfore opposeth his entrance and therefore the Earl expostulates with him by way of advice of the danger to deny the Kings commands to whom the Lieutenant said that there was a certain discovery of his intended escape by examination of three Women Goodwives of Tower-street that peeping in at his Gallery-doorkey-hole where he was walking with Billingsley they heard him advise therein by ascertaining his Brothers ship to be in readiness which was fallen down on purpose below in the River that they three might be there in twelve hours that if the Fort were but secured for three or four months there would come aid enough and that there was nothing to be thought upon but an escape and much more broken speech to that purpose To which the Earl answered that he had discourse with Billingsley thereabout but meant it as by the Kings authority to be removed to some other Castle and confessed the most of the Womens relation Besides the Lieutenant's examination that the Earl of Strafford sent for him four days before his suffering perswading him to assent to his escape for twenty thousand pounds to be paid and a Mariage of his Daughtâ—r to Balfore's Son And because the memory of this brave man may live for ever read his Character from the King his Master whose distinction concluded his death to be more safe then just I looked says the King upon my Lord of Strafford as a Gentleman whose great abilities might make a Prince rather afraid than ashamed to imploy him in the greatest affairs of State For those were prone to create in him great confidence of undertakings and this was like enough to betray him to great errours and many enemies whereof he could not but contract good store while moving in so high a sphere and with so vigorous a lustre he must needs as the Sun raise many envious exhalations which condensed by a popular odium were capable to cast a cloud upon the brightest merit and integrity Though I cannot in my judgement approve all he did driven it may be by the necessities of times and the temper of that people more than led by his own disposition to any height and rigour of actions Yet I could never be convinced of any such criminousness in him as willingly to expose his life to the stroke of justice and malice of his enemies I never met with a more unhappy conjuncture of affairs than in the business of that unfortunate Earl when between mine own unsatisfiedness in conscience and a necessity as some told me of satisfying the importunities of some people I was perswaded by those that I think wished me well to chuse rather what was safe then what seemed just preferring the outward peace of my Kingdoms with men before that inward exactness of conscience with God And indeed I am so far from excusing or denying that compliance on my part for plenary consent it was not to his destruction whom in my judgement I thought not by any clear Law guilty of death That I never bare any touch of conscience with greater regret which as a sign of my repentance I have often with sorrow confessed both to God and men as an act of so sinfull frailtie that it discovered more a fear of man than of God whose name and place on earth no man is worthie to bear who will avoid inconveniences of State by acts of so high injustice as no publick convenience can expiate or compensate I see it a bad exchange to wound a mans own conscience thereby to salve State-sores to calm the storms of popular discontents by stirring up a tempest in a man 's own bosom Nor hath Gods justice failed in the event and sad consequences to shew the world the fallacie of that Maxim Better one man perish though unjustly than the people be displeased or destroyed In all likelihood I could never have suffered with my people greater calamities yet with greater comfort had I vindicated Strafford's innocencie at least by denying to sign that destructive Bill according to that justice which my conscience suggested to me than I have done since I gratified some mens unthankfull importunities with so cruel a favour And I have observed that those who counselled me to sign that Bill have been so far from receiving the rewards of such ingratiatings with the people that no men have been harassed and crushed more than they He onely hath been least vexed by them who counselled me not to consent against the Vote of mine own conscience I hope God hath forgiven me and them the sinfull rashness of that business To which being in my soul so fully conscious those judgments God hath pleased to send upon me are so much the more welcom as a means I hope which his mercie hath sanctified so to me as to make me repent of that unjust act for so it was to me and for the future to teach me that the best Rule of Policie is to prefer the doing of justice before all enjoiments and the peace of my conscience before the preservation of my Kingdoms Nor hath any thing more fortified my resolution against all those violent importunities which since
denie Yet so tender I see some men are of their being subject to Arbitrarie Government that is the Law of anothers will to which themselves give no consent that they care not with how much Dishonour and Absurditie they make the King the onely man that must be subject to the will of others without having power left him to use his own Reason either in person or by anie Representation And if my Dissentings aâ— anie time were as some have suspected and uncharitably avowed out of errour opinionativeness weakness or wilfulness and what they call Obstinacie in me which not true judgment of things but some vehement prejudice or passion hath fixed on my minde yet can no man think it other than the Badg and Method of Slaverie by savage rudeness and importunate obtrusions of violence to have the mist of his errour and passion dispelled which is a shadow of Reason and must serve those that are destitute of the substance Sure that man cannot be blameable to God or Man who seriously endeavours to see the best reason of things and faithfully follows what he takes for Reason The uprightness of his intentions will excuse the possible failings of his understanding If a Pilot at Sea cannot see the Pole-star it can be no fault in him to steer his course by such Stars as do best appear to him It argues rather those men to be conscious of their Defects of Reason and convincing Arguments who call in the assistance of meer force to carrie on the weakness of their Counsels and Proposals I may in the truth and uprightness of my heart protest before God and Men that I never wilfully opposed or denied anie thing that was in a fair way after full and free Debates propounded to me by the two Houses further than I thought in good Reason I might and was bound to do Nor did anie thing ever please me more than when my Iudgment so concurred with theirs that I might with good Conscience consent to them yea in many thing where not absolute and moral necessitie of Reason but temporarie convenience in point of Honour was to be considered I chose rather to denie my self than them as preferring that which they thought necessarie for my Peoples good before what I saw but convenient for my self For I can be content to recede much from mine own Interests and personal Rights of which I conceive my self to be Master but in what concerns Truth Iustice the Rights of the Church and my Crown together with the general good of my Kingdoms which I am bound to preserve as much as morally lies in me here I am and ever shall be fixt and resolute nor shall any man gain my consent to that wherein my Heart gives my Tongue or Hand the Lie nor will I be brought to affirm that to men which in my Conscience I denie before God I will rather chuse to wear a Crown of Thorns with my Saviour than to exchange that of Gold which is due to me for one of Lead whose embased flexibleness shall be forced to bend and complie to the various and oft-contrarie Dictates of anie Factions when in stead of Reason and publick concernments they obtrude nothing but what makes for the Interest of parties and flows from the partialittes of private Wills and Passions I know no Resolutions more worthie a Christian King than to prefer his Conscience before his Kingdoms And now the King is pleased to give the like Answer to the Buckingham Petition as was his late Message to the Parliament to which he refers them and therein so to proceed against the five Members as that it shall appear he had sufficient cause to question however he conceives that their Crimes cannot reflect upon those good Subjects that elected Master Hambden or the others to serve in Parliament But the Parliament in some doubt of the issue and effect of the Kings Design at Windsor and not willing to trust him in Arms before they might be as ready to encounter upon information of Troops of Horse to be gathered by the Lord Digby and Colonel Lunsford at Kingston where the County Magazine is lodged They order that the Sheriffs of the several Counties of England and Wales with the assistance of the Justices of Peace and the Trained Bands shall suppress all unlawfull Assemblies and that they take care to secure the Counties and their Magazines in them and to be published in all Market-towns Iune 14. And Lunsford was seized and sent to the Tower but Digby escaped beyond Seas All that the King could do to appease the wrath of the Parliament concerning the impeached Members by waving all Proceedings and no doubt quite declining away further prosecution This not satisfying to their spirits and the Court removed to Roiston the Commons fall upon the Attourney General Sir Edward Herbert being summoned to appear at the Lords Bar he is interrogated by a Committee of Commons Question Whether he did contrive frame or advise the said seven Articles against the impeached Members Answer He did not in any of the three or all Question Do you know the truth of these Articles or anie of them or by Information Answer He knows nothing of the truth nor was informed but by his Master the King Question Will you make good these Articles if required by course of Law Answer He cannot otherwise than the King shall command and enable him Question From whom had you these Articles and by whose advice did you exhibit them Answer It was the Kings express command from whose hand he received them Question Whether had you any Testimonie or Proof of these Article before the exhibiting of them Answer For the exhibiting he had the Kings command To which Answer Serjeant Wilde replied The House of Commons desires to know whether you had any Proof or Testimonie or any Information of any Proof of them Answer To this he desired time to consider in regard of a Trust between a Master and Servant This not yet satisfactory because so general the House of Commons resolve That he hath broken the Privilege of Parliament in preferring the Articles illegal and he is criminous and that a Charge be sent up to the Lords against him for satisfaction of this great Scandal unless by Thursday next he prove the Articles against any of them Jan. 15. The Parliament finding the King in good earnest and resolving to hasten the business to an issue and therefore both Houses petition him to give end to their humble Desires either to discharge the accused Members or to proceed judicially against them according to the Privilege and use of Parliament in such Cases observed and this was posted to him by the Earl of Newport and the Lord Seymer Ian. 21. The King by Letter returns Answer That finding his first mistake in the way of his proceeding which hath caused some Delaies for to be informed in what order to put the same and till then he thinks not fit to discover his
and to be published in all Churches c. May 5. And the Parliament finding no other way to encounter the King but by putting the people into a posture of War do require all persons in authority by virtue of their late Ordinance of the Militia to put the same in execution which by the Kings answer declares to be no legal power in any of the Houses and commands no Subject whatsoever to obey it And forthwith summons the Gentry of the County to York to whom he complains of all these illegal proceedings of the Parliament to the danger of his person and tells them his intent to have a Guard onely to secure his person in which he desires their assistance and the rather because the Members that came with the last Message to the King return not back but reside at York in whose presence all these passages were performed yet staid they here as a Committee to out-face the Kings actions keeping themselves in a double capacity as a Committee of Parliament and Free-holders of the County as they were all What Counsellours the King had at this time I finde not onely the Secretary Nicholas for as yet his affairs were but hatching at York the Parliament having spun out their business with humble and specious shews which amazed most men into some hopes of good effects those that could more narrowly pry into their actions and but Neuters were soon seized and presently questioned especially if he appeared a publick person of estate or interest Amongst whom Sir Thomas Gardner Recorder of London for six years last past was now impeached upon Articles drawn from Anno 1638. For advising the Mayor Sir Maurice Abbot and Common Council to pay the Tax of Ship-money and to levie the Loan-money for raising three thousand of the Trained Bands for the Kings service in his Expedition then against his good Subjects of Scotland That in 1639. he advised the Mayor Sir Henry Garraway and Common Council to impress Clothe and Conduct two hundred Citizens to serve in the said War against Scotland That he prevented the Citie Petition to the King against certain illegal Taxes and Levies That in May 1640. he perswaded them to lend to the King ten thousand pounds for that War against his good Subjects of Scotland And prevented sundry intendments of thousands of the Citie in December last to petition the House of Commons not to be diverted in their just way of proceedings That in January last he crossed the Order of the Commons House and the Citie election of the Committee for the Militia And advised two scandalous Petitions from the Citie to the King and to the Parliament viz. that the ordering of the Citie Arms was annexed to the Majoraltie and if otherwise conferred upon others it would reflect upon this Custome which every Free-man was bound to maintain And these were the high crimes for which they endeavour to hang him but he was carefull therein and got to the King May 5. Upon several Summons the County of York had meetings the Parliament Committee being there over-counselling the Free-holders in private prevailed with some of them by Protestation to oppose the Knights and Gentry who were willing to raise a Guard for the King And the Parliament declaring that it is against the Laws that any of his Subjects should attend him at his pleasure but such as are bound to it by special service and that such as do are disturbers of the peace and command the Sheriff to oppose any such with the power of the Countie and all people whatsoever to assist them herein May 17. In what miserable condition the people of the Kingdom were reduced unto no publick Officer knew how to command or Subject how or whom to obey so differing were their duties depending on several authorities thus distinct onely those for the King directly in love and duty for the other in fear or gain and so wrought upon gave the advantage on the Parliaments part whereas the the Kings assistance was purchased out of the fire of faithfull affections yet all ways and means of Prerogative were used as now for the King to adjourn the next Term to York which the Parliament vote illegal and order that the Lord Keeper Littleton issue out no Writs or seal any Proclamations to that end May 17. And now Designs being ripened into action the people are called upon and invited to a belief of the Parliaments just proceedings and the Kings mis-actions being guided by a malignant party summed up into a very large Declaration of the nineteenth of May ripping up all their former complaints and grievances from the first day of this Parliament to the date hereof in effect the very Exceptions and Repetitions formerly mentioned and controverted between the King and them even from the first dispute for the Militia the misprision of Kimbolton and the five Members Remembering the intended War against Scotland being a Design they say to alter Religion by thâ—se wicked Councils of the King from which God did deliver us never to be forgotten That the Rebellion in Ireland hath been countenanced by evil counsel about the King The Proclamation whereby they were declared Traitours was so long with-held as to the second of Ianuary though the Rebellion brake forth in October before and then but fourty Copies appointed to be printed nor any of them to be published without the Kings pleasure signified and so but a few onely could take notice thereof but the proceedings against the Scots were quick and sharp forthwith by Proclamations dispersed throughout all the Kingdom with publick Prayers and Execrations But to repeat the particulars they are but the same said over again The King calls it a Book and so for the bulk it may well be intituled and to answer each particular must needs be very tedious as himself professes His small malignant Iunto Council as the Parliament calls them to replie to their numbers of several Committees in these proceedings But the King being never weary of any of any pains to undeceive his people of these mischievous infusions daily instilled to corrupt their loyalty gives them answer the next day after the twentieth of May in effect what he had said as before recited in their due time and place The Parliaments complaints were always forced The Kings answers more ingenious and natural in the opinion of indifferent observers The Parliaments onely to amuze the people and to steal away their allegeance and duty to themselves and otherwise it had been but loss of time and business to answer or to reply And at length though penned on both sides with wit and art the wiser sort of the Subjects whom it most concerned were astonished at the reading of either But indeed as to the Kings connivence at or want of zeal against the Rebellion of Ireland so often hinted and now put home upon the Kings score He answers That he then being in Scotland immediately recommended the care of the business to 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
observe that your Majesty desires the engagement not only of the Parliament but of the Lord Mayor Aldermen Common Council and Militia of the City of London the Chief Commanders of Sir Fairfax's Army and those of the Scots Army which is against the Priviledges and honour of the Parliament those being joyned with them who are subject and subordinate to their Authority That which your Majesty against the freedom of the Parliaments enforces in both your Letters with many earnest expressions as if in no other way then that propounded by your Majesty the peace of the Kingdoms could be established Your Majesty may please to remember that in our last Letter we did declare that Propositions from both Kingdoms were speedily to be sent to your Majesty which we conceive to be the only way for the attaining a happy and well grounded peace and your Majesties Answer to those Propositions will be an effectual means in giving satisfaction and security to your Kingdoms will assure a firm Union between the two Kingdoms as much desired each for other as for themselves and setle Religion and secure the peace of the Kingdom of Scotland whereof neither is so much as mentioned in your Majesties Letter And in proceeding according to these just and necessary grounds for the putting an end to the bleeding Calamities of these Nations your Majesty may have the glory to be principal instument in so happy a work and we how ever mis-interpreted shall approve our selves to God and the VVorld to be real and sincere in seeking a safe and well grounded Peace January 14. But the King being earnest for their Answers sends another Messenger the 15. of Ianuary in pursuance of his former Messages of the 26. and 29. of December which met the Parliaments Trumpet with their Answer of the 13. Ianuary The Kings Message was thus Ian. 15. C. R. But that these are times wherein nothing is strange it were a thing much to be marvelled at what should cause this unparallel'd long detention of his Majesties Trumpet sent with his gracious Message of the twenty sixt of December last peace being the only subject of it and his Majesties personal Treaty the means proposed for it And it were almost as great a wonder that his Majesty should be so long from enquiring after it if the hourly expectation thereof had not in some measure satisfied his impatience But lest his Majesty by his long silence should condemn himself of carelesseness in that which so much concerns the good of all his people he thinks it high time to enquire after his said Trumpeter For since all men who pretend any goodness must desire peace and that all men know Treaties to be the best and most Christian way to procure it and there being as little question that his Majesties personal presence in it is the likelyest way to bring it to a happy issue he judges there must be some strange variety of accidents which causeth this most tedious delay wherefore his Majesty earnestly desires to have a speedy account of his former Message the Subject whereof is Peace and the means his personal presence at Westminster where the Government of the Church being setled as it was in the times of the happy and glorious Reigns of Queen Elizabeth and King James and full liberty for the ease of their Consciences who will not communicate in that service established by Law and likewise for the free and publick use of the Directory prescribed and by command of the two Houses of Parliament now practised in some parts of the City of London to such as shall desire to use the same and all forces being agreed to be disbanded his Majesty will then forthwith as he hath in his Message of the twenty ninth of December last already offered joyn with his two Houses of Parliament in setling some way for the payment of the Publick Debts to his Scots Subjects the City of London and others and his Majesty having proposed a fair way for the sâ—â—ling of the Militia which now by this long delay seems not to be thought sufficient security his Majesty to shew how really he will imploy himself at his coming to Westminster for making this a lasting peace and taking away all jealousies how groundless soever will endeavour upon debate with his two Houses so to dispose of it as likewise of the business of Ireland as may give to them and both Kingdoms just satisfaction not doubting also but to give good contentment to his two Houses of Parliament in the choise of the Lord Admiral the Officers of State and others if his two Houses by their ready inclinations to peace shall give him encouragements thereunto Thus his Majesty having taken occasion by his just impatience so to explain his intentions that no man can doubt of a happy issue to this succeding Treaty If now there shall be so much as a delay of the same he calls God and the World to witness who they are that not only hinder but reject this Kingdoms future happiness it being so much the stranger that his Majesties coming to Westminster which was the first and greatest pretence for taking up Arms should be so much as delayed much lesse not accepted or refused but his Majesty hopes that God will no longer suffer the malice of wicked men to hinder the peace of this too much afflicted Kingdom Given at the Court at Oxford the 15. of Ianuary 1645. For the Speaker of the House of Peers c. And now it begins to work in the hearts of the people muttering and murmurring the true state of these transactions and the Christian pious affection of the King to peace The Parliament therefore set all their Engines to satisfie the public And after the debate of the King 's last Letter they read Letters from their Commissioners in Ireland together with some other Letters and Papers taken in the Pockets of the Arch-bishop of Trane who was slain at the overthrow of the Rebells at Sligo in Ireland discovering all the transactions between the King and them with whom the Bishop was to Treat offering Toleration of Religion themselves to choose a Governour of their own and to be intrusted with several Castles and Forts for their Caution upon condition to send in to England ten thousand Irish to assist him against his Enemies And these Papers were forthwith printed and published together with those Letters taken in the Lord Digbie's Coach at Sherburn in Yorkshire and all to amuse the people for to satisfie them thereby they could not The King hears of this and digesting it as well as he could he Plies them again with a tarter Message dated 17. Ianuary thus C. R. His Majesty thinks not fit now to Answer those aspersions which are returned as arguments for his not admittance to Westminster for a personal Treaty because it would enforce a stile not suitable to his end it being the peace of those miserable Kingdoms yet thus much he cannot but say
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
allowing to the King onely Primus accubitus in coenis And why onely Stephen Was it not voted by Act of the Parliament at Oxford and concluded in several Articles That Edward 2. life was taken away by Bishop Thorlton The story is that this Man Adam de Orlton was Bishop of Hereford took a Text 2 Kings 4. Caput meum aegrotat My head my head aketh whereby he advised the cure of a sick head of the Kingdom to be cut off and therefore must be guilty of his Murder afterwards Indeed there was an enigmatical Verse fathered also upon him Edvardum occidere nolite timere bonum est which Verse the Bishop utterly denied Then comes he to Edward 3. that Iohn Arch-bishop of Canterbury incited the King and Parliament to a bloudy War with France And why John Was it not voted in Parliament where all the Peers were as hot upon it as he Indeed because the Clergie in those days spake better sense than an ignorant unlearned Lord many Historians father the ill success of former actions upon them Promotors of the Designs as if in re stulta sapientes and in malo publico facundi That in Parliament the Laity offered Richard 2. a Fifteenth if the Clergy would also give a Tenth and a half which William le â—ourtney Arch-bishop opposed as not to be taxed by the Laity and thereupon the Lords besought the King to deprive them of their Temporalities thereby says he to humble them to humble them and damn the Authours of Sacrilege and cruelty yet were they mercifull not to take away all Spiritualities also Then follows H. 4. an Usurper he says and that the Bish. of Carlile opposes him in a Speech and therein so reasonable was the cause just I cannot say that the Lords combined to depose him for there were living of the House of Clarence Title to precede his of Mortimer for whom five other Bishops went Ambassadours abroad to get assistance and those Bishops also scape not the censure of doing evil by justifying this others Right to the Crown and deposed him also but then it was so voted in Parliament and therefore not all the blame to be laid upon those Bishops that acted but their part and it is true that in a Parliament in that Kings Reign a Bill was exhibited against the Temporalities of the Clergie but not passed Parliamentum indoctorum says one and the Commons fitter to enter Common with their Cattle Henry 5. succeeds he says who was incited by Arch-bishop Chidley to revive his Title to France with the effusion of much bloud and ill success And was it not true that the King had good Title to France And the same cause had Edward 3. And as just was it against the domestick Title of Henry 4. and so in sum in either of the Bishops by their Council You say it was not the Office of Bishops to incense Wars either Domestick or Foreign But then Policy is pickt up for a Reason being you say to divert the King from reforming the Clergy That in the time of Henry 6. the Protectour Duke of Glocester accused Beaufort Cardinal of Winchester But then take all the story he was also Chancellour of England great Uncle to this King Son to John of Gaunt and his Brother Cardinal of York and the greatest Crime intended was because of his greatness which the Protectour durst not trust and therefore devised a Charge of which he was not guilty but acquitted by Parliament Edward 4. follows who was taken Prisoner he says by Arch-Bishop Nevil declaring him an Usurper and entailed the Crowns of England and France upon Henry and his Issue male and in default upon Clarence disabling King Edward's eldest Brother He was a party in the Plot if there were any but then take the Junto of the Authours it was the power of that great Warwick and others that did create and unmake Kings at pleasure the confusion of the right submitting to power whether right or wrong Edward 5. his Crown was by the Prelates placed on his murderous Uncle Richard 3. the Cardinal Archbishop taking the Brother Richard out of Sanctuary that so both of them might be taken away That Cardinal was a great Actour therein but the Duke of Bukingham did the business upon whose head the Cardinal would have set the Crown who had no right thereto Henry 7. he says was perswaded by the same Cardinal Morton and prevailed to the Crown He might assist therein what honest English man would not have done so But to say that the Cardinal was the main Instrument we shall want the force of all Arguments but Gods good Providence Henry 8. called the Bishops half Subjects to him Wolsey and Campeius refused to give Judgment for his Divorce Numbring up against them the Petitions Supplications and Complaints of godly Ministers Doctour Barns Latimer Tyndal Bean and others And were not some of these godly men Bishops also That the Statutes of 31 Henry 8. yet in force against them That in Anno 37. Letters Patents were granted to Lay-men to exercise all manner of Ecclesiastical Jurisdiction as the Kings Officers not the Bishops Let us never deduce Reason or Iustice from that Kings Actions more like an Atheist than a Christian either Ecclesiastical or Temporal besides the Mutation and Change of Religion then not affording any good President in either kinde But thus much as in excuse was in time of Popery He proceeds to others no less detestable he says nay more heinous since the Reformation but with this Proviso that in the Reigns of all the succeeding Sovereigns to this present he charging those reverend Bishops good men chief Pillars of the Church great Lights of Learning they doing those things as Bishops which he believes they would not have done as private Ministers to hold their Bishopricks to please great Lords Princes Kings and Emperours have not onely yielded but perswaded to introduce Idolatry to dis-inherit right Heirs to Kingdoms and force good Princes to Acts unnatural and unjust But he is not against Episcopacy or a Church-government but so much degenerate it is from the first substance Vox praeterea nihil yet would not have it demolished till a better Model be found out God-a-mercy for that And presently he charges Arch-bishop Cranmer and Bishop Ridley for perswading Edward 6. that the Lady Mary might be permitted Mass in her own Chapel more like Politicians than Divines though not prevailing with that pious Prince She was the right Heir apparent to her Brother and the onely right Issue to the Crown begotten no doubt in lawfull Matrimony bred up in Romish and the might of Charls the Emperour would and did in Reason and Policy afford her liberty of her Profession without any scandal upon those Bishops for their opinion therein her Mother had suffered too much injustice and it was no justice to have denied to her Daughter this desire After Edward 6. those two Bishops Cranmer and Ridley says he
promoted the Lady Ianes Title before the lawfull Heir Queen Mary and the Bishops and Lords writ to Mary that she ought to submit to her Cousin the Lady Iane as her Sovereign that Canterbury and Ely subscribed that Letter and Ridley preached the same at Paul's Cross and so concluded them disloyal Traitours The Protestant Bishops were engaged upon the Faith of Religion to promote Jane besides the visible cause of Danger to the State and Kingdom was notorious in the accession of Mary and proved fiery hot to the execution of their persons the most of the powerfull Lords were Protestants the other being beyond Seas or kept under at home and but two of all the Bishops that signed to the Letter The next godly Princess was Elizabeth who began her Reign with a Conference for increase of Reformation of Religion earnestly pressed by good Divines Scorie Cox Iewel Ebiner Grindall Whitehead Horn Gest but were opposed by the Bishops to the prejudice of the Queens desire therein That at the Queens Coronation the Bishops did refuse to anoint or consecrate her and names them York Canterbury dead and ten more the chiefest And were not all these Popish Bishops that hated her Nay there might be another cause which is not hinted by him though his whole discourse hath insisted upon the Sovereigns Titles there might be reason enough to dispute it now but he forbears and so do I. But the lawfull Line succeeds her And so King Iames says he commences with a Conference for Reformation at Hampton Court where were Doctour Reynolds and Sparks of Oxford Knewstubs and Chaderton of Cambridg but were resisted in the Reformation by eight Bishops and six Deans alleging there was no need of Reformation but God and good men did know the contrary In his Reign they introducing Schisms Heresies and Idolatry of Popery and Arminianism and what not Irreligion to the Deity mischief and danger to the Kingdom There needs not particular observation concerning his Notes of this Kings time that there was a Conference complete an equal number of Disputants continuing some Days the whole Discourse imprinted and now common which I finde Master Thomas passes over as not willing to stand to the Test of that Conference being nothing at all for his purpose but to the contrary As for their Actions in his Majesties Reign which he thinks do poise all and over-ballance all formerly done since the beginning of Parliaments put together in the other Scale which he referrs to the Reports of the Committees for the Pope of Lambeth and his Cardinals Wren and others and briefly concludes that they having in Parliaments contrived Treasons Rebellions Domestick and Foreign Incendiaries and Grievances to State and Church Arch-Enemies to King and Common-wealth He hopes his Majesty will Lege talionis make their Episcopacy onely Tituâ—â— for they are to have priority or precedency Quoad Ordinem not Quoad Ministerium wherein the poorest Curate is his Companion but as he is not for equality and parity so not too great a distance These being his Reasons for their unlawfulness and sitting in Parliament any longer And this was spoken in May. This Speech was accounted the Cutâ—throat of Episcopacy which the rather I insert and the Reasons I observe because much of the matter is Records and so not out of my way nor unnatural for an Historian to observe and therefore herein I may be excused from any note of partiality mis-becoming a Register of Records Master White and others there were that followed with inveterate Speeches against Episcopacy but because all of them of one nature and to record them here impertinent I shall refer the Reader to their Reasons published in several Pamphlets and to others that answered them both Clerks and Lay-men the whole business of this time taken up with Freedom of the Presses to prate any thing scandalous on any side and that you may see their plotting take this Letter which I set down somewhat before its due place and time it came from Master Iohn White of Dorchester to his Nephew Master White at London Septemb. 8. The King being in Scotland thus writes Touching our main business says he the King will come back from Scotland shortly without effecting any thing answerable to his and others expectations and consequently may be fit enough to be won to condescend to any reasonable Demands If the Commons hold their own they may have what they will desire All the work will be to hold them stiff to their former Resolutions to which they may be well prepared by their Friends in the time of this Access if they bestiâ— themselves as they ought Sir we conceive if we could could win Master Mainard to joyn throughly about the taking away of Episcopacy it would much further the cause The way must be to charge home the thirteen Bishops that are now impeached if they be found in a Praemunire and so cast out of the Higher House it is hoped the better Lords will prevail and then the Work is at an end The way to prevail with Master Mainard is by his Wife and with her by Master Hughs a Lecturer I conceive It were worth a Iourney thither for you to ride over and speak with her if these who deal with this man go about it with metal I am confident it will be carried Good Sir afford your helping hand herein with as much speed as possibly you can Yours John White Dorchester September 8 1641. I need not suppose this mans Character the Tone too well known and to what Sect he appertained but the manner of their working by the lecturing weak Women who have more strength in their pewling than Sampson had in his Locks But the state of a Question was propounded concerning Bishops whether or no Iure Divino as hath been heretofore remembred but now it was that Master Grimston argued That Bishops are Jure Divino is of a question That Arch-bishops are not Jure Divino is out of question That Ministers are Jure Divino there is no question Now says he if Bishops which are questioned whether Jure Divino and Arch-bishops which out of question are not Jure Divino suspend Ministers that are Jure Divino I leave it to you Master Speaker Mr. Selden's Answer That the Convocation is Jure Divino is a question That Parliaments are not Jure Divino is out of question That Religion is Jure Divino is no question Now Master Speaker that the Convocation which is questioned whether Jure Divino and Parliaments which out of question are not Jure Divino should meddle with Religion which questionless is Jure Divino I leave to you Master Speaker Grimston replies But Arch-bishops are no Bishops Selden answers That 's no otherwise true than that Iudges are no Lawyers and Aldermen no Citizens Busie the Commons House have been to settle a new Mode of Ecclesiastical Jurisdiction and the seventeenth of Iuly ordain every Shire of England and Wales to be