they came back on the left hand of their Enemies Sir PHILIP STAPLETON with his Horse gave them a terrible Charge which they were not long able to indure but finding a gap in an hedge got from him upon the Spurre as fast as they could to the rest of their broken Troops and so at last joyned with their Foot that stood by the Ordinance And now on both sides the Horse were gathered to their own Foot and so stood together both Horse and Foot one against another till it was night The Parliament Army being wholly possessed of the ground which their Enemies had chosen to fight upon stood upon it all night and in the morning returned to a warmer place neere Keynton where they had quartered the night before for they were much pinched with cold and the whole Army in extreme want of Victuals The Kings Army had withdrawne to the top of the hill for their more security where they made great fires all the night long About nine of the clock the next morning the Parliament Army drew out againe into Battalia and so stood about three houres untill the other Army was quite gone from the hill and then they withdrew themselves into their Quarter towards Keynton and to their other Brigado Artillery and Ammunition which being commanded by Colonell HAMBDEN and Colonell GRANTHAM as aforesaid was now come to Keynton and lodged there The King had drawne out his Horse upon the further side of the hill where he stayed till toward night whilest his Foot were retiring behinde the Hill and marching away A little before night his Horse also withdrew themselves and about an houre after the Parliament Horse marched quite away and went with the rest of the Army to Warwick to refresh themselves That going to Warwick was thought by a noble Gentleman of the Parliament side to be ill designed For saith he had the Army instead of going to Warwick marched toward Banbury we should have found more Victuals and had in probability dispersed all the Foot of the Kings Army taken his Canons and Carriages and sent his Horse farther off whereas now because we did not follow them though they quitted the field whereon they fought and left their Quarter before us yet they began soone after to question who had the day Howsoever it were true it is that the King no lesse then the Parliament pretended to be victorious in that Battell and so farre ascribed the Victory to his owne side that a Prayer of thanksgiving to God was made at Oxford for it A thanksgiving was also on the Parliament side for the Victory of that day And it is certaine that there were many markes of Victory on both Armies Colours and Canon were taken on both sides without any great difference of the number of them And though in Speeches made afterwards by either Party and Bookes printed there is no consent at all concerning the number of men slain but so great a discrepancy as it is almost a shame to insert into an History yet surely by the best account there were more slaine on the Kings side then on the other Those of quality that were lost on both Parties were of the Kings the Earle of Lindsey Lord Generall of his Army the Lord AUBIGNY brother to the Duke of Lenox Sir EDWARD VARNEY Standard-Bearer Colonell Sir EDMUND MONROY a Scottish Gentleman and Colonell LUNSFORD his Brother with other Gentlemen and Commanders besides Common Souldiers whose number as is before said would not be agreed upon yet I have heard that the Country people thereabouts by burying of the naked bodies found the number to be about six thousand that fell on both sides besides those which died afterwards of their wounds There were taken Prisoners of the Kings side the Lord WILLOUGHBY Sonne and Heire to the Earle of Lindsey Colonell VAVASOR Colonell LUNSFORD Sir EDWARD STRADLING with others of lesse note a George the Badge of a Knight of the Garter was found in the field by a Common Souldier besides that which the Lord Generall Lindsey wore and had about his neck when he was slaine and bought of him by a Captaine which was sent up to the Parliament there viewed and restored againe to the Captaine On the Parliament side were slaine onely these of marke and quality the Lord St. JOHN eldest Sonne to the Earle of BULLENBROOKE Colonell CHARLES ESSEX and Lieutenant Colonell RAMSEY and none of any great note taken Prisoners The Battell was fought with great courage on both sides both by the Generals and other Commanders besides some particular Regiments of Souldiers who were observed to performe their parts with great courage and bravery such as Colonell HOLLIS his Regiment of Redcoats and others too many to be all named in a short Discourse It could not but fall into the observation of many men that the yeare before upon the same day of the Moneth namely the 23. of October that this famous Battell of Keynton was fought the bloody Rebellion of the Irish broke out with that inhumane Massacre of the English Protestants in that Kingdom where the English by their owne losse and bleeding were sadly put in minde that they had too long deferred the revenge of their butchered Brethren in Ireland It was likewise observed by many men of the Parliament side who seemed to make no question but that the Victory was on their side as a further blessing of God to the Protestant Cause that on the very same day that this Battell was wonne in England the Sweads obtained a very great and notable Victory against the Imperialists and those of the Roman Religion in Germany But the King supposing himselfe victorious at Keyntonâ—ield â—ield immediately published a Declaration To all his loving Subjects for so it is stiled after his Victory against the Rebels Wherein though the expostulation be very bitter yet he indeavoureth that it should not seeme to be made against the Parliament it selfe but against some of them whom he termeth malignant malicious with such like Epithites as have laboured to lay aspersions upon him of things whereof he professeth himselfe altogether innocent Those aspersions he makes of two sorts the first is concerning his favouring of Popery and imploying Papists in his Army the second of raising that Army against the Parliament Both which he labours to wipe off with a recrimination against the Parliament For the first after a great Protestation of the truth of his Religion and his past present and future care for the better establishing of it in his Dominions with the extirpation of Popery though he cannot but acknowledge that some eminent men of that Religion are armed in his Service which he thinks excusable in so gteat a necessity and danger as he was in yet he tells the Parliament That in their Army there are more Papists Commanders and others then in his For the second That he leavyed his Army against the Parliament He seemeth to hope That none of his good Subjects will beleeve
grant those demands and to make himself of a King of England a Duke of Venice The several Answers that the King made and Arguments that he used to each several branch of those Propositions are too large to be here inserted and may be read by those that would be further informed in the printed Book of Parliament-Declarations and Ordinances CHAP. V. An Order for the bringing in of Plate and Money into Guild-hall The King's Declaration to the Lords about him Their Profession and Protestation to him The King layeth Siege to Hull but raiseth it again The Earl of Warwick taketh possession of the Navie as Lord Admiral The Earl of Essex is voted in Parliament to be Lord General of all their Forces ON the tenth day of Iune following an Order was made by both Houses of Parliament for bringing in of Money and Plate to maintain Horse Horse-men and Arms for Preservation of the Publike Peace and defence of the King's Person for that the Parliament in their expressions always joyned together with their own safety and both Houses of Parliament Wherein it was expressed that whosoever should bring in any Money or Plate or furnish any Horse-men and Arms for that purpose should have their Money repayed with Interest according to eight in the hundred for which both Houses of Parliament did engage the Publike Faith Four Treasurers were ordained whose Acquittances for the receipt of any Sum should be a sufficient ground to the Lenders to demand their Money and Plate again with the Interest belonging thereunto The Treasurers were Sir JOHN WOLLASTON Knight and Alderman of London Alderman TOWES Alderman WARNER and Alderman ANDREWES Commissaries also were appointed to value the Horse and Arms which should be furnished for that service It was desired in that Order that all men resident in or about London or within 80 miles would bring in their money Plate or Horse within a fortnight after notice and they that dwell farther off within three weeks and that those who intended to contribute within the time limited but were not for the present provided of money or Horse should subscribe that it might be soon known what provision would be for effecting of that great and important Service And in conclusion it was declared that whatsoever was brought in should be imployed to no other purposes but those before mentioned the maintenance of the Protestant Religion the King's Person dignity and authority the Laws of the Land the Peace of the Kingdom and Priviledges of Parliament Whilest this Order was drawing up advertisement by Letters was given to the Parliament that the Crown-Jewels were pawned at Amsteldam and other places of the Netherlands upon which money was taken up and Warlike Ammunition provided in those Parts as Battering-pieces Culverins Field-pieces Morter-pieces Granadoes with great store of powder pistols carabines great saddles and such like Whereby the Parliament thought they could not otherwise judge then that the King did plainly intend a War against them and had designed it long before They received intelligence at the same time that the King had sent a Commission of Array into Leicestershire directed to the Earl of Huntington the Earl of Devonshire and Mr HENRY HASTINGS second son to the Earl of Huntington for the Lord HASTINGS eldest son to that Earl did then adhere to the Parliament which three were chief in the Commission but many other Knights and Gentlemen of that County were named in it Together with this Commission of Array the King sent a Letter also containing the reasons of it wherein he complaineth that the Parliament by their Ordinance for the Militia would devest him of that power which is properly inherent in his Crown And for the occasion and reason of that Commission he urgeth a Declaration of their own using their very expressions and words in his Letter that whereas it hath been declared by Votes of both Houses of Parliament the fifteenth of March last that the Kingdom hath of late been and still is in evident and imminent danger both from enemies abroad and a Popish disconted party at home he concludes that for the safeguard both of his own Person and People there is an urgent and inevitable necessity of putting his people into a posture of defence c. Thus did the Parliaments Prologue to their Ordinance of Militia serve the King's turn for his Commission of Array totidem verbis The copie of which Commission and Letter coming into the hands of the Parliament it was resolved upon the Question by the Lords and Commons assembled in Parliament that this Commission of Array for Leicester is against Law and against the Liberty and Property of the Subject and resolved again upon the Question within two days after That all those that are actours in putting the Commission of Array in execution shall be esteemed as disturbers of the Kingdoms Peace and betrayers of the Liberty of the Subject It was also ordered by both Houses that this Commission of Array and the forementioned Votes should be forthwith printed and published thorow the Kingdom The King was not wanting to his own designe in the mean time and whatsoever might give countenance to the businesse he had in hand but made a short Declaration to the Lords who then attended him at York and others his Privie Councel there in these words We do declare that We will require no obedience from you but what is warranted by the known Laws as We expect that you shall not yeeld to any Commands not legally grounded or imposed by any other We will defend all you and all such as shall refuse any such Commands whether they proceed from Votes and Orders of both Houses or any other way from all danger whatsoever We will defend the true Protestant Religion established by the Laws the lawful Liberties of the Subjects of England and just Priviledges of all the three Estates of Parliament and shall require no further obedience from you then as We accordingly shall perform the same We will not as is falsely pretended engage you in any War against the Parliament except it be for Our necessary defence against such as do insolently invade or attempt against Vs and Our Adherents Upon this Declaration of the King those Lords and others of his Councel made a Promise to him and subscribed it with their hands as followeth We do engage our selves not to obey any Orders or Commands whatsoever not warranted by the known Laws of the Land We engage our selves to defend Your Majesties Person Crown and Dignity with Your just and legal Prerogative against all Persons and Power whatsoever We will defend the true Protestant Religion established by the Law of the land the lawful Liberties of the Subjects of England and just Priviledges of Your Majestie and both Houses of Parliament Lastly we engage our selves not to obey any Rule Order or Ordinance whatsoever concerning any Militia that hath not the Royal Assent Subscribed by L. Keeper D. of Richmond Ma. Hertford E.
imprisoned which refused the payment of that Loane Great summes of money were required and raised by privy Scales A Commission for squeezing the Subject by way of Excize Souldiers were billited upon them And a designe laid to inslave the Nation by a force of German Horse with many other things of that nature Those affaires of State which concerned Conâ—ederates abroad had been managed with as much disadvantage and infelicity to them as dishonour to the English Nation and prejudice to the Cause of Religion it selfe Peace was made with Spaine without consent of Parliament by which all hope was utterly lost of re-establishing the Kings neerest kinred in their just Dominion and the Protestant Religion much weakened in Germany What Counsells had then influence upon the Court of England might be the amazement of a wise man to consider and the plaine truth must needs seeme a paradox to posterity as that the Protestant Religion both at home and abroad should suffer much by the Government of two Kings of whom the former in his own person wrote more learnedly in defence of it and the latter in his owne person lived more conformably to the Rules of it then any of their Contemporary Princes in Europe But the Civill Affaires of State were too ill managed to protect or at least to propagate true Religion or else the neglect of Religion was the cause that Civill Affaires were blessed with no more honour and prosperity The right waies of Queen ELIZABETH who advanced both had been long ago forsaken and the deviation grew daily farther and more fatall to the Kingdom Which appeared in a direct contrariety to all particulars of her Reigne Titles of Honour were made more honourable by her in being conferred sparingly and therefore probably upon great desert which afterwards were become of lesse esteem by being not onely too frequently conferred but put to open sale and made too often the purchase of Mechannicks or the reward of vitious persons At the death of that Duke the people were possessed with an unusuall joy which they openly testified by such expressions as indeed were not thought fit nor decent by wise men upon so tragicall and sad an accident which in a christian consideration might move compassion whatsoever the offences of the man were To such people that distick of Seneca might give answer Res est sacra miser noli mea tangere fata Sacrilegae Bustis abstinuere manus Sacred is woe touch not my death with scorne Even sacrilegious hands have Tombs forborne And it may be that God was offended at the excesse of their joy in that he quickly let them see the benefit was not so great to them as they expected by it but his judgements are too high for men to search True it is that the people in generall loving the Kings Person and very unwilling to harbour the least opinion of ill in him looked upon the Duke as the onely hinderance of the Kingdomes happinesse supposing that though other Statesmen might afterwards arise of as bad or worse intentions then the Duke yet none would have so great a power for execution of them nor any other Genius be ever found to have so great a mastery over the Kings Genius But it is certaine that men did much therefore rejoyce at the death of this Duke because they did before much feare what mischiefe might befall a Kingdome where that man who knew himselfe extreamly hated by the people had all the keyes of the Kingdome in his hand as being Lord Admirall and Warden of the Cinque-Ports having the command of all the Souldiers and the onely power to reward and raise them These joyes and hopes of men lasted not long for in the same yeer being the fourth of King CHARLES and after the death of the Duke of BUCKINGHAM another Parliament was dissolved and then the Priviledges of that high Court more broken then ever before Six Members of the House of Commons who had been forward in vindicating the Priviledges of Parliament were committed close Prisoners for many moneths together without the liberty of using books pen inke and paper while they were detained in this condition and not admitted Bayle according to Law They were also vexed with informations in inferiour Courts where they were sentenced and fined for matters done in Parliament and the payment of such Fines extorted from them Some were enforced to put in security of good behaviour before they could be released The rest who refused to be bound were detained divers yeares after in custody of whom one Sir JOHN ELLIOT a Gentleman of able parts that had been forwardest in expression of himselfe for the freedome of his Country and taxing the unjust actions of the Duke of BUCKINGHAM while that Duke lived though the truth be that the 〈◊〉 of his were no other then what carried 〈◊〉 consent in them dyed by the harshnesse of his imprisonment which would admit of no relaxation though for healths sake he petitioned for it often and his Physitian gave in testimony to the same purpose The freedome that Sir JOHN Eâ—â—OT used in Parliament was by the people in generall applauded though much taxed by the Courtiers and censur'd by some of a more politike reserve considering the times in that kind that TACITUS censures THRASEAS POETUS as thinking such freedom a needlesse and therefore a foolish thing where no cure could be hoped by it Sibi periculum nec aliis libertatem After the breaking off this Parliament as the Historian speaketh of Roman liberty after the battell of PHILIPPI nunquam post hoc praelium c. the people of England for many years never looked back to their ancient liberty A Declaration was published by the king wherein aspertions were laid upon some Members but indeed the Court of Parliament it selfe was declared against All which the dejected people were forced to read with patience and allow against the dictate of their own reason The people of England from that time were deprived of the hope of Parliaments and all things so managed by publike Officers as if never such a day of account were to come I shall for methods sake first of all make a short enumeration of some of the chiefe grievances of the Subjects which shall be truly and plainly related as likewise some vices of the Nation in generall that the Reader may the better judge of the causes of succeeding troubles during the space of seven or eight yeares after the dissolution of that Parliament and then give some account concerning the severall dispositions of the people of ENGLAND and their different censures of the Kings government during those years touching by thâ—â—â—â—â—mewhat of 〈◊〉 manners and customs of the 〈◊〉 ENGLAND and then briefly of the condition of Ecclesiasticall affaires and the censures of men concerning that CHAP. II. A briefe Relation of some grievances of the Kingdome The various opinions of men concerning the present Government The condition of the Court and Clergy of England Some
observations of a stranger concerning the Religion of the English people IT cannot but be thought by all wise and honest men that the sinnes of England were at a great height that the injustice of Governours and vices of private men were very great which have â—â—nce called downe from Almighty God so sharpe a judgement and drawne on by degrees so calamitous and consuming a Warre Those particular crimes an English Historian can take no pleasure to relate but might rather desire to be silent in and say with STATIUS Nos certe taceamus obruta multa Nocte â—egi nostrae patiamur crimina gentis Let us be silent and from after times Conceale our own unhappy Nations crimes But to be silent in that were great injustice and impiety toward God to relate his judgements upon a Kingdome and forget the sinnes of that Kingdom which were the cause of them The Heathen Historians do well instruct us in that point of piety who never almost describe any Civill Warre or publike affliction without relating at the beginning how vitious and corrupted their State was at that time grown how faulty both the Rulers and People were and how fit to be punished either by themselves or others Nor doe any of the Roman Poets undertake to write of that great and miserable Civill Warre which destroyed the present State and enslaved posterity without first making a large enumeration of such causeâ— how wicked the manners of Rome were growne how the chiefe Rulers were given to avarice and oppression and the whole State drowned in luxury lusts and riot as you may see upon that subject in two the most elegant of them And shall we Christians who adore the true God and live under the Gospell-light not be sensible under so heavy a judgement of our owne offences To begin with the faultâ— of the higher powers and their illegall oppression of the people during these eight or nine yeers in which Parliaments were denyed to England which I briefly touch referring the Reader to a more full narration in the Remonstrance multitudes of Monopolies were granted by the King and laid upon all things of most common and necessary use such as Sope Salt Wine Leather Sea-cole and many other of that kinde Regia privaâ—is creseunt aeraria damnis Claud. By losse of private men th' Exchequer growes Large sumâ— of Money were exacted thorow the whole Kingdome for default of Knighthood under the shadow of an obsolete Law Tonnage and Poundage were received without the ordinary course of Law and though they were taken under pretence of guarding the Seas yet that great Tax of Ship-money was set on foot under the same colour by both which there was charged upon the people some years neere 700000. li. though the Seas at that time were not well guarded These things were accompanied with an enlargement of Torrests contrary to Magna Charta the forcing of Coat and Conduct-Money taking away the Armes of Trayned Bands in divers Counties disarming the people by engrossing of Gunpowder keeping it in the Tower of London and setting so high a rate upon it that the poorer sort were not able to buy it nor could any have it without license whereby severall parts of the Kingdome were left destitute of their necessary defence No Courts of Judicature could give redresse to the people for these illegall sufferings whilest Judges were displaced by the King for not complying with his will and so awed that they durst not do their duties For to hold a rod over them the clause Quandiu se bene geserint was leâ—t out of their Patents and a new clause Durante bene placito inserted New illegall Oathes were enforced upon the Subjects and new Judicatories erected without Law and when Commissions were granted for examining the excesse of Fees and great exactions discovered the Delinquents were compounded with not onely for the time past but immunity to offend for the time to come which in stead of redressing did confirme and encrease the grievance of the Subjects By this time all thoughts of ever having a Parliament againe were quite banished so many oppressions had been set on â—oot so many illegall actions done that the onely way to justifie the mischiefes already done was to do that one greater To take away the meanes which was ordained to redresse them the lawfull Government of England by Parliaments Whilest the Kingdome was in this condition the serious and just men of England who were no way interessed in the emolument of these oppressions could not but entertaine sad thoughts and presages of what mischiefe must needs follow so great an injustice that things carried so farre on in a wrong way must needs either inslave themselves and posterity for ever or require a vindication so sharpe and smarting as that the Nation would groane under it and though the times were jolly for the present yet having observed the judgement of God upon other secure Nations they could not chuse but feare the sequell Another sort of men and especially Lords and Gentlemen by whom the pressures of the Government were not much felt who enjoyed their owne plentifull fortunes with little or insensible detriment looking no farther then their present safety and prosperity and the yet undisturbed peace of the Nation whilest other Kingdomes were embroyled in calamities and Germany sadly wasted by a sharpe Warre did nothing but applaud the happinesse of England and called those ingratefull and factious spirits who complained of the breach of Lawes and Liberties That the Kingdome abounded with wealth plenty and all kinde of elegancies more then ever That it was for the honour of a people that the Monarch should live splendidly and not be curbed at all in his Prerogative which would bring him into the greater esteeme with other Princes and more enable him to prevaile in Treaties That what they suffered by Monopolies was insensible and not grievous if compared with other States That the Duke of TUSKANY sate heavier upon his people in that very kinde That the French King had made himselfe an absolute Lord and quite depressed the power of Parliaments which had beene there as great as in any Kingdome and yet that France flourished and the Gentry lived well That the Austrian Princes especially in Spaine layed heavy burdens upon their Subjects Thus did many of the English Gentry by way of comparison in ordinary discourse pleade for their owne servitude The Courtiers would begin to dispute against Parliaments in their ordinary discourse That they were cruell to those whom the King favoured and too injurious to his Prerogative That the late Parliament stood upon too high termes with the King and that they hoped the King should never need any more Parliaments Some of the greatest Statesmen and Privy Counsellors would ordinarily laugh at the ancient Language of England when the word Liberty of the Subject was named But these Gentlemen who seemed so forward in taking up their owne yoake were but a small part
him no reparation would make the World believe that his priviledges were lesse then any Subjects in the Land and that it was more lawful to rob him of his proper Goods then the meanest Member of the Kingdom He sent also at the same time a Letter to the Maior of Hull commanding him and all Officers of that Town to take care that no part of the Magazine should be removed or transported out of the Town under any pretence of Order or Power whatsoever without his Royal Assent under his Hand He caused likewise all Passages between Hull and London to be stopped up and by that means apprehended a servant of Sir JOHN HOTHAM'S going with a Letter to the Parliament concerning the proceedings before mentioned The Parliament immediately upon notice of these things declared their reasons for Hull and that the stopping of Passages and intercepting of Messengers or Letters to or from the Parliament or in their service was an high breach of the Priviledges of Parliament which by the Laws of the Land and their Protestation they were bound to defend and punish the violators authorizing by Ordinance of both Houses all Sheriffs Justices Constables and other Officers to aid them employed in the said service for their more speedie free and safe passage giving Order also to the said Officers within the Counties of York and Lincoln to suppresse any Armies raised to force Hull or stop the passages before mentioned in disturbance of the Kingdom 's peace It was voted by them two days after that Sir JOHN HOTHAM had done nothing but in obedience to the Command of both Houses of Parliament Resolved also it was upon the Question That this declaring of Sir JOHN HOTHAM Traitor being a Member of the House of Commons was an high breach of the Priviledge of Parliament Resolved again That declaring Sir JOHN HOTHAM Traitor without due Processe of Law was against the Liberty of the Subject and Laws of the Land An Order of Assistance was then given to the Earl of Stamford the Lord WILLOUGHBY of Parham Sir EDWARD AYSCOUGH Sir CHRISTOPHER WRAY Sir SAMUEL OWFEILD and Master HATCHER as Committees of both Houses sent down to Hull and the two Counties of York and Lincoln for service of the Kindom that all Sheriffs Justices Maiors c. should be assisting to them upon all occasions To that Declaration Votes and Orders of Assistance of both Houses of Parliament the King on the fourth of May returned an Answer wherein at large he expresses how hainous the affront was and how much he accounts himself injured by the Parliament in not repairing him against HOTHAM labouring to prove by ancient Statutes there cited that Sir JOHN HOTHAM'S denial of entance to him was absolutely high Treason by the Law of the Land Upon this subject within the space of one week two other Declarations and Answers passed between the King and both Douses too large to be here inserted but the scope of the King's Declarations in general are to vindicate his own Rights and dignity allowed him as King by the Laws of the Land wherein he seemeth not to take notice of the present occasion or such things as are conceived dangers and thought necessary to prevent by a Parliament sitting The Parliament on the other side with all humility and reverent expressions to the Kings Person seeming to take no notice of any affront offered or intended to his Majestie himself but onely of preserving Hull the Militia and Navie out of the hands of those wicked Counsellors which they conceived to be too prevalent with him to the danger of ruining the Kingdom and himself both which they laboured to preserve and were lawfully called to it by that Authority which belongs to Parliaments by the Fundamental Constitution of English Government They desire to inform the King that his Interest in Towns Arms or the Kingdom it self is not of that kinde that private men have interest in their Goods to sell or dispose of at pleasure but onely as entrusted to him for the good of all in performance of which trust none but the Parliament while it sitteth are or ought to be his Counsellors and directors that there can be no good or useful disputation where the Principles are not granted and it was ever heretofore taken say they for a certain Principle That the Parliament sitting is the onely Judge of what is dangerous to the Common-wealth and what useful as likewise what is lawful in those cases which the King by advice of no private Counsel whatsoever ought to control or contradict which Principle till the King will be pleased rightly to apprehend Disputations and Declarations are endlesse and no true understanding between him and his people can be begotten Of all these things if a Reader desire to be satisfied in particular he may sinde the questions all fully stated by the Parliament and the King's desires expressed by himself in two large Declarations one called the Parliaments third Remonstrance dated the 26 of May 1642 and the King's Answer to that Remonstrance But things began to go on in an high manner the Parliament authorizing Sir JOHN HOTHAM to issue out Warrants to Constables and other Officers to come with Arms for the defence of Hull and the King on the other side forbidding any such Warrants bringing or training without an expresse Authority under his hand The King had summoned the Gentry of that County to attend him at the City of York which they accordingly did upon the 12 of May 1642 where he caused after he had spoken some few words to them to be read aloud in their hearing his Answer to the Declaration of both houses concerning Hull the Answer of the Parliament to his two Messages concerning Hull together with his Reply to the same and his Message to both houses declaring the reasons why he refused to passe that Bill of the Militia after which he proceeded in a Speech to them wherein he strove to make them apprehend that traiterous attempts might be against his Person and for that reason he desired a Guard of Horse and Foot to be levied there for his defence He complained likewise that the Committee of Parliament consisting of four Members of the house of Commons FERDINANDO Lord FAIRFAX Sir HUGH CHOLMLEY Sir PHILIP STAPLETON and Sir HENRY CHOLMLEY refused to obey his Command for they being there employed in their own Country by the Parliament to do service to the State were commanded by the King to depart out of the County which they durst not do against the intention of the Parliament who employed them there But the King in that Speech to the County bade them take heed of those four Gentlemen not knowing what doctrine of disobedience they might preach to the people under colour of obeying the Parliament The King's Speech and Declaration read seemed to be much applauded by many Gentlemen and their servants as when those things which came from the Parliament were read the same persons expressed
and Gentlemen inhabited none at all of note stood for the Parliament but Sir JOHN GELL and his brother of whose actions it will be seasonable to speak in another place Staffordshire and Nottinghamshire were in no lesse combustion In Leicestershire the troubles were far greater and early begun by Master HENRY HASTINGS second son to the Earl of Huntingdon whom the King had made Sheriff of that County and put into the Commission of Array who raised great Forces to seize upon the Magazine of that County Against whom the Earl of Stamford was sent by the Parliament as Lord Lieutenant with a considerable strength who arriving there did much curb the proceedings of Master HASTINGS and took possession of the Town of Leicester Great was the Contention about that time in Warwick-shire between the Earl of Northampton for the King and the Lord BROOK for the Parliament not without sharp encounters and slaughter on either side The Earl having seized the Ordnance at Banbury marched with great fury into Warwick-shire spoiling the Countrey as he went though not without opposition of the people and the Lord BROOK'S Forces against whom he could not at all prevail The Earl of Pembrook had setled the Militia in Wilâ—shire with small ado though it continued not long so And the Earl of Holland in Berk-shire being but saintly resisted by the Earl of Berk-shire the Lord LOVELACE and others For soon after the Earl of Berk-shire together with Sir JOHN CURSON Sir ROBERT DORMER and others for the Commission of Array who came to Watlington in Oxfordshire to seize the Magazine of that part of the County which was laid up in that Town were there taken prisoners and sent up to the Parliament by Colonel HAMDEN and Colonel GOODWIN two Members of the House of Commons and Knights of the Shire for Buckingham But the further that this Discourse travels Westward the greater and more remarkable you shall finde such contestations especially considering the number of Lords and Gentlemen of great rank and many of them Members of Parliament who sided with the King against the Parliament and were therefore afterward voted out of the House One great Head there was of all those Western Counties WILLIAM Marquesse of Hartford whom the King by his Commission of Array had appointed Chief and made him Lord Lieutenant-General of Devon Cornwal Somerset Dorset Wilts Southampton Gloucester Berks Oxford Hereford and seven Counties within the Principality of Wales who notwithstanding his high Command was never able to atchieve any great matter for the King's side so much were the common people of the West at that time inclined to the Parliament and so active were those Gentlemen who stood for it such as were the sons of Sir FRANCIS POPHAM Master ALEXANDER POPHAM HUGH and EDWARD who were more animated by the example of their aged father Master STRODE a Deputy-Lieutenant and others against all those frequent attempts which the Marquesse made Great was the number of considerable men in those Countries which took part with the Marquesse against the Parliament and very industrious in their several Stations to put in execution the Commission of Array as the Lord PAWLET Sir RALPH HOPTON and Sir JOHN STOWEL both Members of the House of Commons and for that reason put out of the House Sir RICHARD SLANY in Cornwal another Member put out also for the same cause as likwise were Sir EDWARD RODNEY and Master COVENTRY both Parliament-men who followed the Marquesse in some of his actions Sir BEVILE GREENVILE an active man another Member of Parliament was very industrious for the Array both in Cornwal and Devon joyning himself with the Earl of Bath who came for that purpose to his house at Tastock in Devonshire and assisted by many Gentlemen as Master CULINS Sheriff of that County M. BAMFIELD M. ASHFORD M. GIFFORD M. SAINTHIL Baronet SEYMOUR and M. COURTNEY to whose assistance Squire ROGERS came with Forces out of Dorsetshire Various were the Successes which Marquesse Hartford assisted by so many of the Gentry found in his several Enterprises sometimes prevailing but more often distressed In one Skirmish which about the beginning of August himself the Lord PAWLET Sir RALPH HOPTON Sir JOHN STOWEL and M. SMITH another Member of the House of Commons made against the Deputy-Lieutenants in Somersetshire he prevailed against them and possessed himself of the Town of Shepton-Mallet Ten men were slain and many wounded Going afterwards to Wells he had been besieged by many thousands of the People who arose against him but that having timely notice of their coming he escaped a back-way out of the Town About which time the Earl of Bedford was sent down by the Parliament against him with three hundred Horse by whom the Lord Marquesse the Lord PAWLET Sir RALPH HOPTON Colonel LUNSFORD and many other considerable men were besieged in Sherburn For great numbers out of the Country came daily to the assistance of the Earl of Bedford Many weeks did that Siege continue many Sallies were made out and sharp encounters on both sides performed with great courage the Parliament side being in firm hope to have taken them at last which was conceived a thing of great moment and advantage to their affairs if they could have possessed the persons of so many men considerable both in their Fortunes and Valour and who proved afterwards very strong and cruel enemies Yet that hope was frustrate for about the beginning of October they all escaped out of Sherburn the Earl neverthelesse pursued after them and in the Chase took M. PALLART Sir HENRY Sir JOHN and Sir CHARLES BARCLAY prisoners Within a week after the Earl of Bath was apprehended and brought up a prisoner to the Parliament It cannot be much wondered at that Division was found in Countrey-Towns and Villages so far remote from the Parliament where the people were variously wrought upon by perswasions or fears from either side when London it self the Seat of that great Councel and chiefest Bulwark of their defence was not without some taste of these Distractions Which besides the actions of some private Citizens too petty to be here rehearsed may appear to the Reader in one thing which cannot be omitted The Lord Major of London was at this time a prisoner in the Tower committed by the Parliament Sir RICHARD GURNEY Lord Maior of London for that yeer was charged by the House of Commons on the seventh of Iuly for being a mover of Sedition in the Kingdom in causing the King's Proclamation concerning the Commission of Array which was declared by both Houses to be illegal to be proclaimed in the City And the Charge being perfected was sent up to the Lords desiring that he might forthwith be called to his Answer which was accordingly granted Four days after while the Lord Maior was attending the Lords House upon this Charge and additional Impeachment was read against him in the House of Commons brought in by the Common-Councel of London for divers breaches of
Army This Petition he carried to Northampton to the Generall to be by him presented according to the Parliaments desire to His Majesty in a safe and honourable way In which Petition nothing at all according to their former Declarations is charged upon the King himselfe but only upon his wicked Councell and the former mis-governments briefly mentioned and that this wicked Councell have raised an horrid Rebellion and Massacre in Ireland and ever since by opposition against the Parliament hindered the reliefe of that Kingdom and at last drawne his Majesty to make a War upon his Parliament leading an Army in Person to the destruction of his people depriving his good Subjects of his Majesties protection and protecting those Traytors against the Justice and Authority of Parliament WE the Lords and Commons assembled in Parliament have for these are the words of the Petition for the just and necessary defence of the Protestant Religion of your Majesties Person Crowne and Dignity of the Lawes and Liberties of the Kingdome and the Priviledges and power of Parliaments taken up Armes appointed and authorized ROBERT Earle of ESSEX to be Captaine Generall of all the Forces by us raised to conduct the same against those Rebels and Traytors to subdue and bring them to condigne punishment And we do most humbly beseech your Majesty to withdraw your Royall Presence and Countenance from these wicked persons and if they shall stand out in defence of their rebellious and unlawfull attempts that your Majesty will leave them to be supprest by that Power which we have sent against them And that your Majesty will not mix your owne dangers with theirs but in peace and safety without your Forces forthwith returne to your Parliament and by their faithfull advice compose the present distempers and confusions abounding in both your Kingdomes and provide for the security and honour of your selfe and Royall Posterity and the prosperous estate of all your Subjects Wherein if your Majesty please to yeeld to our most humble and earnest desires We do in the presence of Almighty God professe That we will receive your Majesty with all Honour yeeld you all due obedience and subjection and faithfully indeavour to secure your Person and Estate from all dangers and to the uttermost of our Power to procure and establish to your selfe and to your People all the blessings of a glorious and happy Reigne According to this Petition were those Directions from the Parliament to the Lord Generall sent at the same time wherein the Lord Generall is required by the Houses to use his utmost indeavour by Battell or otherwise to rescue the Kings Person the Persons of the Prince and Duke of Yorke out of the hands of those desperate persons now about them Another Direction was That if his Majesty upon this humble Petition should be pleased to withdraw himselfe from the persons now about him and returne to the Parliament that then the Lord Generall should disband and should serve and defend his Majesty with a sufficient strength in his returne Another Direction was That his Excellency should proclaime pardon to all those who were at that time seduced against their Parliament and Country if within ten daies after that Proclamation they would returne to their duty doing no hostile act within the time limited Provided that this should not extend to admit any man into either House of Parliament who stands suspended without giving satisfaction to that House whereof he was a Member and excepting all persons impeached for Delinquency by either House and those persons who have been eminent Actors in these Treasons and therefore impeached in Parliament of High Treason such as were at that time declared and there named the Earles of Bristoll Cumberland Newcastle and Rivers Secretary NICHOLAS Master ENDYMION PORTER Master EDWARD HIDE the Duke of Richmond the Earle of Carnarvan Viscount Newarke and Viscount Fawkland These were the persons at that time voted against and declared Traytors though afterwards others were added to the number of them and many of these left out as occasions altered Such Directions and others for the advantage of the Army and behoose of the Countries thorow which he was to march were given by the Parliament to his Excellency but above all things to restraine carefully all impieties prophannesse and disorders in his Army The Generall arriving at Northampton was there possessed of a great and gallant Army well furnished at all points consisting of about twenty thousand with those that within few daies were to come thither An Army too great to finde resistance at that time from any Forces a foot in England for the Kings side had then small strength What they had consisted of Horse who in small Parties roved up and downe to make Provision and force Contribution in severall places Prince RUPERT especially like a perpetuall motion with those Horse which he commanded was in short time heard of at many places of great distance The care therefore which his Excellency especially tooke was so to divide his great Army as to make the severall parts of it usefull both to annoy the stragling Troops of the Enemy and ptotect those Counties that stood affected to the Parliament as also to possesse himselfe either in his owne Person or by his Lieutenants of such Towns as he thought might be of best import if this sad War should happen to continue From Northampton he marched to Coventry to make that considerable City a Garrison for the Parliament and from thence to Warwick and having fortified that Towne marched away towards Worcester upon intelligence that the King himselfe intended to come thither with his Forces for his desire was to finde out the King and the Parliament to whom he imparted his designe by Letter approved well of his advance towards Worcester The City of Worcester as well as the whole County had beene in great distractions by reason not only of the dissenting affections of the Inhabitants but the frequent invitations from both sides if we may call that an invitation which is made by armed force Sir JOHN BYRON had first entred Worcester for the Kings side whom Master FIENNES Sonne to the Lord SAY had opposed for the Parliament and afterward Prince RUPERT with five hundred Horse not farre from the City was encountred by Master FIENNES who commanded another Body about that number the skirmish was but small and not above twelve men slaine as the report was made at London But before the Lord Generall could arrive at Worcester who was marching thither from Warwick as was before expressed there happened a fight there not to be omitted in regard of the persons that were there slaine or wounded though the number of men in generall that fell were small Prince RUPERT was then at Worcester with twelve Troops of Horse when about that City divers of the Parliaments Forces were though not joyned in one Body but dispersed The Prince marched out of the City into a greene Meadow and there set his
Forces I Having been informed that lately at a Councell of Warre you have condemned to death Robert Yeomans late Sheriffe of Bristoll who hath His Majesties Commission for raising a Regiment for his Service William Yeomans his brothers George Bourchier and Edward Dacres all for expressing their Loyalty to His Majesty and indeavouring his Service according to their Allegiance and that you intend to proceed speedily against divers others in the like manner Do therefore signifie to you that I intend speedily to put Master George Master Stevens Captaine Huntley and others taken in Rebellion against His Majesty at Cicester into the same condition I do further advise you that if you offer by that unjust Iudgement to execute any of them you have so condemned that those here in custody Master George Master Stevens and Captaine Huntley must expect no favour or mercy Given under my hand at Oxford this 16. of May. 1643. To the Commander in FORTH Chiefe of the Councell of Warre in Bristoll The Answer to this Letter was as followeth NATHANIEL FIENNES Governour and the Councell of War in the City of Bristoll HAving received a Writing from your Lordship wherein it is declared that upon information of our late proceedings against Robert Yeomans William Yeomans and others you intend speedily to put Master George Master Stevens Captaine Huntley and others into the same condition We care well assured that neither your Lordship nor any other mortall man can put them into the same condition for whether they live or dye they will alwaies be accounted true and honest men faithfull to their King and Country and such as in a faire and open way have alwaies prosecuted that Cause which in their judgement guided by the judgement of the highest Court they held the justest whereas the Conspirators of this City must both in life and death carry perpetually with them the brand of Treachery and Conspiracy And if Robert Yeomans had made use of his Commission in an open way he should be put into no worse condition then others in the like kinde had been but the Law of nature among all men and the law of Armes among Souldiers make a difference betweene open Enemies and secret Spyes and Conspirators And if you shall not make the like distinction we do signifie unto you that we will not onely proceed to the execution of the persons already condemned but also of divers others of the Conspirators unto whom we had some thoughts of extending mercy And do further advertise you that if by any inhumane and un-Souldier-like sentence you shall proceed to the execution of the persons by you named or any other of our friends in your custody that have been taken in a faire and open way of War then Sir Walter Pye Sir William Crofts and Colonell Connebey with divers others taken in open Rebellion and actuall War against the King and Kingdom whom we have here in custody must expect no favour or mercy And by Gods blessing upon our most just Cause we have powers enough for our friends security without taking in any that have gotten out of our reach and power although divers of yours of no mean quality and condition have bin released by us Given under our hand the 18 of May 1643. To patrick Earle of Forth Lord Lieut. Generall Nathaniel Fiennes President Clement Walker c. The King also at that time writ a very sharpe command to the Mayor and Citizens of Bristoll to raise what power they could to hinder the execution of those men which he termes the murder of his loyall Subjects But nothing availed to save their lives for the forenamed ROBERT YEOMANS and GEORGE BOURCHIER according to the sentence were both executed The losse of Bristoll from the Parliament a place of great import was thus by the detection and prevention of this Conspiracy respited for a while onely For not long after it was surrendred to Prince RUPERT and happier it was for the Prince himselfe to gaine that City in a more honourable way and lesse effusion of English blood At the same time that these Conspirators against Bristoll were by sentence of a Councell of Warre put to death another Plot of higher nature and more full of horrour was detected at London a Plot which if not discovered had quite ruined the Parliament it selfe and strooke at the very head and chiefe residence of it the Cities of London and Westminster which cannot be omitted in this Relation though with as much brevity as can be possible it shall be touched The scope of it was to have put in execution the Commission of Array within London and Westminster and so to have raised a sufficient force for the Kings side to ruine the Parliament Many Citizens of London were in the Plot together with some Gentlemen besides who had taken an Oath of secrecy among themselves and were the more animated in it upon promises which Master WALLER the chiefe man in eminence among them a Member of the House of Commons had made to some of the rest that many Members of both Houses of Parliament were ingaged in the Plot and would in due time be assistants to it Though it proved in conclusion that Master WALLER was not able to make good so much as he had promised The Plot was horrid and could not possibly have been put in execution without great effusion of blood as must needs appeare by the particular branches of it which were confessed upon the Examinations of Master WALLER Master TOMKINS Master CHALLENOR Master HASELL Master BLINKHORNE Master WHITE and others the chiefe Actors in it That which appeared by the Narrative Declaration published by Authority of Parliament was to this effect That 1. They should seize into their custody the Kings Children 2. To seize upon severall Members of both Houses of Parliament upon the Lord Mayor of London and the Committee of the Militia there under pretence of bringing them to legall tryall 3. To seize upon all the Cities out-Works and Forts upon the Tower of London and all the Magazines Gates and other places of importance in the City 4. To let in the Kings Forces to surprize the City with their assistance and to destroy all those who should by Authority of Parliament be their opposers and by force of Armes to resist all payments imposed by the Authority of both Houses for support of those Armies imployed in their defence Many other particulars there were too tedious to relate at large as what signals should have been given to the Kings Forces of Horse to invade the City what Colours for difference those of the Plot should weare to be knowne to their fellowes and such like Much heartened they were in this businesse by a Commission of Array sent from Oxford at that time from the King to them and brought secretly to London by a Lady the Lady AUBIGNY Daughter to the Earle of Suffolke a Widow ever since the Battell of Keynton where the Lord AUBIGNY her husband was
were the opinion of many not to send any Answer at all to them yet at last to shew respect to the King entred into a further debate about treating with him concerning the Propositions on both sides and concerning the Cessation of Arms or disbanding with such limitations and restrictions touching the order of treating as would perchance seeme too tedious to be here related and on the 20. of March the Earle of Northumberland Sir JOHN HOLLAND Sir WILLIAM ARMINE Master PERPOINT and Master WHITLOCK the Lord SAY should have been one but the King excepted against him as formely against Sir JOHN EVELIN upon the same ground which though the Parliament tooke ill at the first yet they proceeded in the businesse were sent to Oxford as Treaters upon those Propositions In vaine was this Treaty so high the demands were judged to be on both sides that there seemed no possibility of ever meeting where the fault lay I judge not but the Parliament after many Messages betweene London and Oxford at last sent for their Commissioners home againe who returned to London upon the 17. of April upon which the Lord Generall immediately advanced with his Army as aforesaid to besiege Reading Reading was not able to hold out long but the Lord Generall was loath to storme it for feare of destroying so many innocent people as remained in the Towne which compassion of his was well approved of by the Parliament therefore upon composition it was rendred within sixteene daies to his Excellency by the Deputy Governour Colonell FIELDING for the Governour Sir ARTHUR ASTON was before wounded by an accident and could not performe the Office The Termes were easie for they all marched out with bagge and baggage This siege had not at all advantaged the Parliament if another businesse had not fallen out during that short siege which may also be thought a reason why the Towne was so soone rendred A good Body of the Kings Forces both Horse and Foot the King himselfe in Person not farre from them came to relieve Reading assaulting one Quarter of the Parliament Army at Causum Bridge within a mile of the Towne and were beaten back with great slaughter which fell especially upon Gentlemen of quality of whom the King at that incounter lost a considerable number but how many they were or their particular names I finde not mentioned The gaining of Reading might seeme an addition of strength to the Parliament side it proved otherwise Nothing was gotten but a bare Towne which had been happier had it been onely so The Towne was infected and caused afterwards a great mortality in the Parliament Army The Souldiers besides were discontented that being already much behinde in pay they were not suffered to plunder or make any benefit of their victory For the Parliament before Reading was delivered up had approved of the Conditions and promised to the Lord Generals Souldiers to forbeare plundering twelve shillings a man besides their pay But neither of these were then performed money began already to be wanting and the great Magazine of Treasure in Guild-Hall quite consumed While they stayed there expecting money the sicknesse and mortality daily increased and the Lord Generall by advice of his Councell of War intended to march thence for better ayre But such a generall mutiny was raised for want of Mone that his Excellency though with much courage and just severity he began to suppresse it was advised by his Councell of Warre to desist for feare of a generall defection till money might come from the City Notwithstanding upon this discontent in the Army whilest his Excellency removed to Causum House to avoid the infection many of the Souldiers disbanded and went away Then began a tide of misfortune to flow in upon the Parliament side and their strength almost in every place to decrease at one time for during the time of these six moâ—eths since the Battell of Keynton untill this present distresse of the Lord Generals Army about Causum which was about the beginning of May the Warre had gone on with great sury and heat almost thorow every part of England the particulars of which shall hereafter be related by themselves to avoid confusion in the Story The Lord Generall had at that time intelligence that Sir RALPH HOPTON had given a great defeat to the Parliament Forces of Devonshire and that Prince MAURICE and Marquesse HARTFORD were designed that way to possesse themselves wholly of the West Leaving therefore the Lord Generall a while I shall proceed to speak of some things which happened at other places in that Moneth of May. The Kings Armies were then in faire possibility of gaining the whole West and seemed of strength enough to archieve it by open Warre without the assistance of secret treacheries and conspiracies which notwithstanding were then in agitation though they proved not successefull against the Parliament but destructive to the contrivers As at Bristoll a place of great import and much desired by the Kings Forces when the plot of betraying that City to Prince RUPERT was set on foot which I here relate as falling out about the beginning of May 1643. The City of Bristoll was then in the Parliaments protection and governed by Colonell NATHANIEL FIENNES second Sonne to the Viscount SAY and SEALE though many of the Inhabitants there as appeared by this designe were dis-affected to the Parliaments side This designe was very bloody and many of that City had perished in it had not the Conspirators been discovered and apprehended a Little before they were to put it in execution ROBERT YEOMANS late Sheriffe of Bristoll WILLIAM YEOMANS his brother GEORGE BOURCHIER and EDWARD DACRES were the chiefe managers of this Designe who with many others of that opinion had secretly provided themselves of Armes intending to kill the Centinels by night and possesse the maine Guard with other particulars to be found in the Records of their examinations and proofes against them whereby to master the greatest part of the other side within the Towne to kill the Mayor and many others that were knowne to stand affected to the Parliament and by that meanes to betray the City to the Kings Forces In expectation of which act Prince RUPERT with other Commanders and about 4000 Horse and 2000 Foot stayed upon Durdam Downes about two miles from the City But the Plot was discovered the Conspirators apprehended and brought to triall by a Councell of Warre where the foure forenamed were condemned and two of them hanged at Bristoll namely ROBERT YEOMANS and GEORGE BOURCHIER although great meanes had been made to save them and Colonell FIENNES to that purpose had been threatned from Oxford by Generall RIVEN created by the King Earle of Forth in a Letter unto him which being of great consequence for the cleare understanding of this War and the nature of it I thought fit to insert here together with the Answer thereunto PATRICK Earle of Forth Lord ETTERICK and Lord Lieutenant of all His Majesties
slaine That Commission of Array was directed from the King to Sir NICHOLAS CRISPE Sir GEORGE STROUD Knights to Sir THOMAS GARDINER Knight Recorder of London Sir GEORGE BINION Knight RICHARD EDES and MARMADUKE ROYDEN Esquires THOMAS BROWNE PETER PAGGON CHARLES GENNINGS EDWARD CARLETON ROBERT ABBOT ANDREW KING WILLIAM WHITE STEVEN BOLTON ROBERT ALDEM EDMUND FOSTER THOMAS BLINKHORNE of London Gentlemen and to all such other persons as according to the true intent and purport of that Commission should be nominated and appointed to be Generals Colonels Lieutenant Colonels Serjeant Majors or other Officers of that Councell of Warre The Commission it selfe is to be read at large in the Parliament Records But this Conspiracy was prevented and proved fatall to some of the Contrivers being detected upon the last day of May which happened at that time to be the day of the Monethly Fast and Master WALLER Master TOMKINS with other of the forenamed Conspirators being apprehended were that night examined by divers grave Members of the Parliament of whom Master PYM was one and afterwards reserved in custody for a Tryall They were arraigned in Guild-Hall and Master WALLER Master TOMKINS Master CHALLONER Master HASELL Master WHITE and Master BLINKHORNE were all condemned none were executed but Master TOMKINS and Master CHALLONER being both hanged Master TOMKINS in Holborne and Master CHALLONER in Cornhill both within sight of their own dwelling houses Master HASELL dyed in Prison BLINKHORNE and the other were by the mercy of the Parliament and the Lord Generall Essex reprived and saved afterwards Master WALLER the chiefe of them was long detained Prisoner in the Tower and about a yeare after upon payment of a Fine of ten thousand pounds was pardoned and released to go travell abroad It was much wondered at and accordingly discoursed of by many at that time what the reason should be why Master WALLER being the principall Agent in that Conspiracy where Master TOMKINS and Master CHALLONER who had been drawne in by him as their own Confessions even at their deaths expressed were both executed did escape with life The onely reason which I could ever heare given for it was That Master WALLER had been so free in his Confessions at the first without which the Plot could not have been clearly detected That Master PYM and other of the Examiners had ingaged their promise to do whatever they could to preserve his life He seemed also much smitten in conscience and desired the comfort of godly Minister being extremely penitent for that soule offence and afterwards in his Speech to the House when he came to be put out of it much be wailed his offence thanking God that so mischievous and bloody a Conspiracy was discovered before it could take effect CHAP. III. Matters of State trans-acted in Parliament touching the Assembly of Divines The making of a new Great Seale Impeaching the Queene of High Treason and other things The Lord Generall Essex after some Marches returneth to quarter his wasted and sick Army about Kingston The Kings Forces Masters of the West The Earl of Newcastle his greatnesse in the North. Some mention of the Earle of Cumberland and the Lord FAIRFAX AT the same time that these Conspiracies were closely working to undermine the Parliament and Warre was raging in highest fury throughout the Kingdome many State-businesses of an unusuall nature had been trans-acted in the Parliament sitting For things were growne beyond any president of former ages and the very foundations of Government were shaken according to the sense of that Vote which the Lords and Commons had passed a yeare before That whensoever the King maketh Warre against the Parliament it tendeth to the dissolution of this Government Three things of that unusuall nature fell into debate in one moneth which was May 1643. and were then or soone after fully passed one was at the beginning of that moneth concerning the Assembly of Divines at Westminster Among other Bils which had passed both Houses and wanted onely the Royall Assent that was one That a Synod of Divines should be chosen and established for the good and right settlement of Religion with a fit Government for the Church of England This Bill was oft tendred to the King to passe but utterly refused by him The matter therefore was fully argued what in such cases might be done by Authority of Parliament when the Kingdomes good is so much concerned when a King refuseth and wholly absenteth himselfe from the Parliament And at last it was brought to this conclusion That an Ordinance of Parliament where the King is so absent and refusing is by the Lawes of the Land of as good Authority to binde the people for the time present as an Act of Parliament it selfe can be It was therefore Voted by the Lords and Commons That the Act for an Assembly of Divines to settle Religion and a forme of Government for the Church of England which the King had oft refused to passe should forthwith be turned into an Ordinance of Parliament and the Assembly thereby called debate such things for the settlement of Religion as should be propounded to them by both Houses which not long after was accordingly put in execution The case seemed of the same nature with that of Scotland in the yeare 1639. when the Scottish Covenanters as is before mentioned in this History upon the Kings delay in calling their Nationall Synod published a writing to that purpose That the power of calling a Synod in case the Prince be an Enemy to the truth or negligent in promoting the Churches good is in the Church it selfe In the same moneth and within few daies after another businesse of great consequence was by the Lords and Commons taken into consideration which was the making of a new Great Seale to supply the place of that which had been carried away from the Parliament as before is mentioned This businesse had been fully debated in the House of Commons and the Moneth following at a Conference between both Houses the Commons declared to the Lords what great prejudice the Parliament and whole Kingdome suffered by the absence of the Great Seale and thereupon desired their speedy compliance in Votes for the making of a new one The matter was debated in the House of Peeres put to Votes and carried for the negative The onely reason which they alleadged against the making of a new Seale was this That they have hitherto dispatched all business since the absence of the Seale by vertue of Ordinances of Parliament and they conceived that the same course might still be kept in what matters soever were necessary to be expedited for the good of the Kingdome without a Seale Yet the Lords gave a respective answer That if the House of Commons would informe them in any particular cases wherein the Kingdomes prejudice by absence of the Great Seale could not be remedied by vertue of an Ordinance they would take it into further consideration to induce complyance accordingly Neither was