it long before the Lords upon reasons shewed concurred with the House of Commons who about the beginning of Iuly presented to the Lords at a Conference the Votes Which had before passed in their House together with the reasons for making of a new Great Seale The Votes were these Resolved upon the Question June 14. 26. 1. THat the Great Seale of England ought to attend the Parliament 2. That the absence of it hath been a cause of great mischiefe to the Common-wealth 3. That a remedy ought to be provided for these mischiefs 4. That the proper remedy is by making a new Great Sale The reasons which they gave were divided into two branches The first declaring those mischiefes which were occasioned by conveying away the Great Seale from the Parliament The second expressing those inconveniences and mischiefes which proceeded from the want of the Great Seale with them The reasons of the first kinde were thus 1. It was secretly and unlawfully carried away by the Lord Keeper contrary to the duty of his place who ought himselfe to have attended the Parliament and not to have departed without leave nor should have been suffered to convey away the Great Seale if his intentions had been discovered 2. It hath been since taken away from him and put into the hands of other dangerous and ill-affected persons so as the Lord Keeper being sent unto by the Parliament for the sealing of some Writs returned answer That he could not Seale the same because he had not the Seale in his keeping 3. Those who have had the managing thereof have imployed it to the hurt and destruction of the Kingdome many waies as by making new Sheriffes in an unusuall and unlawfull manner to be as so many Generals or Commanders of Forces raised against the Parliament by issuing out illegall Commissions of Array with other unlawfull Commissions for the same purpose By sending sorth Proclamations against both Houses of Parliament and severall Members thereof proclaiming them Traytors against the Priviledges of Parliament and Laws of the Land By sealing Commission of Oyer and Terminer to proceed against them and other of His Majesties good Subjects adhering to the Parliament as Traytors By sending Commissions into Ireland to treat a peace with the Rebels there contrary to an Act of Parliament made this Session Besides divers other dangerous Acts passed under it since it was secretly conveyed away from the Parliament whereby great calamities and mischiefes have ensued to the prejudice of the Kingdome Mischiefes arising through want of the Great Seale 1. The Termes have been adjourned the course of Justice obstructed 2. No originall Writs can be sued forth without going to Oxford which none who holds with the Parliament can do without perill of his life or Liberty 3. Proclamations in Parliament cannot issue out for bringing in Delinquents impeached of High Treason or other crimes under paine of forfeiting their Estates according to the ancient course 4. No Writs of Errour can be brought in Parliament to reverse erroneous judgements nor Writs of Election sued out for chusing new Members upon death or removall of any whereby the number of the Members is much lessened and the Houses in time like to be dissolved if speedy supply be not had contrary to the very Act for continuance of this Parliament 5. Every other Court of Justice hath a peculiar Seale and the Parliament the Supreme Court of England hath no other but the Great Seale of England which being kept away from it hath now no Seale at all and therefore a new Seale ought to be made 6. This Seale is Clavis Regni and therefore ought to be resident with the Parliament which is the representative Body of the whole Kingdome whilest it continues sitting the King as well as the Kingdom being alwaies legally present in it during the Session thereof The Lords upon these reasons concurred with the House of Commons and order was given that a new Great Seale should forthwith be made which was accordingly done It should seeme the King was not well pleased with this action of the Parliament as appeared by what was done at Oxford above a yeare after when the King assembled together the Lords which were with him and all those Gentlemen that had been Members of the House of Commons and had deserted the Parliament at Westminster whom the King called his Parliament at Oxford and propounded many things for them to debate upon amongst which it was taken into debate and resolved upon the Question by that Assembly at Oxford That this very action which they stile counterfeiting the Great Seale was Treason and the whole Parliament at Westminster eo facto guilty of High Treason But this was passed at Oxford long after of which occasion may be to speak further hereafter But at the time when the Parliament made their new Great Seale the people stood at gaze and many wondered what might be the consequence of so unusuall a thing Some that wholly adhered to the Parliament and liked well that an action so convenient and usefull to the present state was done by them looked notwithstanding upon it as a sad marke of the Kingdomes distraction and a signe how irreconcileable the difference might grow betweene the Parliament and the Kings Person For the legality or justnesse of making of the Seale there was little dispute or argument among those who were not disaffected to the Parliament and though there were no direct or plaine precedent for it for the case of a Kings being personally in Warre against the Parliament sitting was never before yet by comparison with other times when the necessities of State have required such a thing it was not onely allowed but thought requisite I do not know of any thing written against it by any Lawyers or other of the Kings Party but Master PRYNNE a learned Lawyer and great Antiquary of the Parliament side hath written a copious discourse in justification of it both by arguments of reason and many neere-resembling precedents of former times called The opening of the Great Seale of England which is extant to be read by any that would be satisfied what power from time to time Parliaments have challenged and been allowed over that Seale both in making of it in the infancy or absence of Princes and disposing of it in the dotage or wilfulnesse of others But before this businesse was fully concluded another thing which seemed as great a signe how wide the rent was growne fell into debate in the House of Commons Some time was spent in consultation about it and much arguing on both sides The matter was about charging the Queene of High Treason To that purpose many Articles of an high nature were drawne up against her some of them were That she had pawned the Crowne Jewels in Holland That she had raised the Rebellion in Ireland That she had indeavoured to raise a Party in Scotland against the Parliament That she had gone in the head of
those licentious extravagances which unto that age and foâ—tune are not only incident but almost thought excusable But some men suspended their hopes as doubting what to finde of a Prince so much and so long reserved for he had never declared himselfe of any Faction or scarse interposed in any State affaires though some things had been managed in his fathers Reigne with much detriment to his owne present and future fortunes Yet that by the people in generall was well censured as an effect of his piety and obedience to the King his father and happy presages gathered from it That so good an obeyer would prove a just Ruler They wondered also to see him suddenly linked in such an intire friendship with the Duke of BUCKINGHAM for extraordinary Favourites do usually eclipse and much depresse the Heire apparent of a Crowne or else they are conceived so to do and upon that reason hated and ruined by the succeeding Prince in which kinde all ancient and moderne Stories are full of examples In the beginning of King CHARLES his Reigne a Parliament was called and adjourned to Oxford the plague raging extremely at London where the Duke of BUCKINGHAM was highly questioned but by the King not without the griefe and sad presage of many people that private affections would too much prevaile in him against the publike he was protected against the Parliament which for that onely purpose was dissolved after two Subsidies had been given and before the Kingdome received reliefe in any one grievance as is expressed in the first and generall Remonstrance of this present Parliament where many other unhappy passages of those times are briefly touched as that the King immediately after the dissolution of that Parliament contrived a Warre against Spaine in which the designe was unhappily laid and contrary to the advice which at that time had been given by wise men who perswaded him to invade the West Indies a way no doubt farre more easie and hopefull for England to prevaile against Spaine then any other instead of that the King with great expence of Treasure raised an Army and Fleet to assault Cales the Duke of BUCKINGHAM bearing the Title both of Admirall and Generall though he went not himselfe in person but the matter was so ordered that the expedition proved altogether successelesse and as dishonourable as expensive They complained likewise of another designe which indeed was much lamented by the people of England in generall about that time put in practice a thing destructive to the highest interest of the Nation the maintenance of Protestant Religion a Fleet of English Ships were set forth and delivered over to the French by whose strength all the Sea forces of Rochell were scattered and destroyed a losse to them irrecoverable and the first step to their ruine Neither was this loane of Ships from England for such was the peoples complaint and suspition against those who at that time stood at the Helme supposed to proceed so much from friendship to the State of France as from designe against Religion for immediately upon it the King by what advice the people understood not made a breach with France by taking their Ships to a great value without making any recompence to the English whose Goods were thereupon imbarr'd and confiscate in that Kingdome In revenge of this a brave Army was raised in England and commanded by the Duke of BUCKINGHAM in person who landing at the Isle of Rhea was at the first encounter victorious against the French but after few Moneths stay there the matter was so unhappily carried the Generall being unexperienced in Warlike affaires that the French prevailed and gave a great defeat where many gallant Gentlemen lost their lives and the Nation much of their ancient Honour From thence proceeded another step to the ruine of Rochell the sick and wounded English were sent into that City and relieved by the besieged Rochellers out of that little provision which they then had upon faithfull promise of supplies from England in the same kinde The provisions of Rochell were little enough for their owne reliefe at that time if we consider what ability the French King had to continue that siege when to the proper wealth and greatnesse of his Crowne was added that reputation and strength which his late successe against all the other Protestant Garrisons in France had brought The besieged Rochellers not doubting at all of the due and necessary supply of Victuall from England sent their Ships thither for that purpose but those Ships whose returne with bread was so earnestly expected were stayed in England by an Imbargo and so long stayed till that unhappy Towne was enforced to yeeld by famine the sharpest of all Enemies But in the meane time whilest these Ships with Victuall were detained a great Army was raised in England for reliefe of Rochell but too great was the delay of those preparations till time was past and that Army in the end disbanded by the sad death of the Duke of BUCKINGHAM their Generall who was stabbed at Portsmouth by a private Gentleman JOHN FELTON This FELTON was a Souldier of a low stature and no promising aspect of disposition serious and melancholly but religious in the whole course of his life and conversation which last I do not mention out of purpose to countenance his unlawfull act as supposing him to have had as some did then talke any inspiration or calling of God to it His confessions to his friends both publike and private were That he had often secret motions to that purpose which he had resisted and prayed against and had almost overcome untill he was at last confirmed in it by reading the late dissolved Parliaments Remonstrance against the Duke That then his conscience told him it was just and laudable to be the executioner of that man whom the highest Court of Judicature the representative body of the Kingdome had condemned as a Traytor But let Posterity censure it as they please certain it is that FELTON did much repent him of the unlawfulnesse of the fact out of no feare of death or punishment here for he wished his hand cut off before the execution which his Jugdes could not doome by the Lawes of England The King had not long before broken off another Parliament called in the second yeare of his Reigne in which the Petition of Right was granted to the great rejoycing of the people But it proved immediately to be no reliefe at all to them for the Parliament presently dissolved the King acted over the same things which formerly he had done and that grant instead of fortifying the Kingdomes Liberty made it appeare to be more defencelesse then before that Lawes themselves were no barre against the Kings will The Parliament in hope of gracious Acts had declared an intent to give his Majesty five Subsidies the full proportion of which five Subsidies was after the dissolution of that Parliament exacted by Commission of Loane from the people and those
the choice of Councellours 16. That the extraordinary Guards and Military Forces now attending Your Majestie may be removed and discharged and that for the future You will raise no such Guards or extraordinary Forces but according to the Law in case of actual Rebellion or lavasion 17. That Your Majestie will be pleased to enter into a more strict Allegiance with the States of the United Provinces and other Neighbour Princes and States of the Protestant Religion for the defence and maintenance thereof against all designes and attempts of the Pope and his adherents to subvert and suppresse it whereby Your Majestie will obtain a great accesse of strength and reputation and Your Subjects be much encouraged and enabled in a Parliamentary way for Your aid and assistance in restoring Your Royal Sister and her Princely Issue to those Dignities and Dominions which belong unto them and relieving the other distressed Protestant Princes who have suffered in the same Cause 18. That Your Majestie will be pleased by Act of Parliament to clear the Lord Kymboâ—ton and the five Members of the House of Commons in such manner that future Parliaments may be secured from the consequence of that evil president 19. That Your Majestie will be graciously pleased to passe a Bill for restraining Peers made hereafter from sitting or voting in Parliament unlesse they be admitted thereunto with the consent of both Houses of Parliament And these our humble Desires being granted by Your Majestie we shall forthwith apply our selves to regulate Your present Revenue in such sort as may be for Your best advantage and likewise to settle such an ordinary and constant increase of it as shall be sufficient to support Your Royal Dignity in Honour and Plenty beyond the proportion of any former Grants of the Subjects of this Kingdom to Your Majesties Royal Predecessours We shall likewise put the Town of Hull into such hands as Your Majestie shall appoint with the consent and approbation of Parliament and deliver up a just account of all the Magazine and chearfully employ the uttermost of our endeavours in the real expression and performance of our most dutiful and loyal affections to the preserving and maintaining the Royal Honour Greatnesse and Safety of Your Majestie and Your Posterity Hen. Elsynge Cler. Parl. D. Com. To these Propositions sent from the Parliament the King returned such an Answer as shewed that he was much displeased with the whole Businesse For before his particular Answers to the several Propositions he complaineth in general and those very sharp expressions of the method of their proceedings against him and that the Cabalists of this businesse for so he calls them have used great art and subtilty against him first to strengthen themselves with unlawful power before they make their illegal demands He taxes them that first they had removed the Law it self as a rub in their way and pressed their own Orders and Ordinances upon the people tending to a pure arbitrary power as Laws and required obedience to them without the consent or concurrence of himself That they had wrested from him the command of the Militia a thing inherent in his Crown countenanced the Treason of HOTHAM against him and directed to the people invectives against his Government to weaken his just authority and due esteem among his Subjects casting upon him aspersions of a strange nature as that he should favour a Rebellion in the bowels of his Kingdom He complains likewise that they had broached for so he calls it a new Doctrine namely that the King is bound to passe all Laws that shall be offered to him by both Houses of Parliament a point of policie fit for their present businesse as destructive to all his Rights That they have overawed his Subjects in stifling all Petitions that did not please them and filled the peoples ears with needlesse fears and jealousies and such like things before they thought his Majestie sufficiently prepared to take those bitter Pills For saith he if they had unseasonably vented such Propositions as the wisdom and modestie of their Predecessours never thought fit to offer to any of Our Progenitours nor We in honour or regard to Our Regal Authority which God hath intrusted Vs with for the good of Our People could receive without just indignation for such many of the present Propositions are their hopes would soon have been blasted and those persons to whom Offices Honours Power and Commands were designed by such ill timing of their businesse would have failed of their expectation not without a brand upon the Attempt Therefore he saith that they had made before-hand those fore-named preparations The King seems to doubt likewise because the Parliament have not told him that this is all they desire of him that these Propositions are probably intended to make way for a Superfetation of a yet higher nature And in the Propositions in general he observes that the Contrivers of them the better to advance their true ends disguised as much as they could their intents with a mixture of some things really to be approved by every honest man others specious and popular and some already granted by him All which saith he are cunningly twisted and mixed with other things of their main designe of ambition and private interest But the King desires not to be understood so as if he intended to fix this designe upon both or either House of Parliament for he utterly professeth against it being most confident of the loyalty good affections and integrity of the intentions of that great Body and knowing well that very many of both Houses were absent and many dissented from all those particulars of which he complains but that he believes and accordingly professes to all the world that the malignity of this designe hath proceeded from the subtil informations mischievous practices and evil counsels of some ambitious turbulent spirits disaffected to God's true Religion using their own language the Unity of the professours thereof his Honour and Safety and the publike peace and prosperity of the people And such other like General expressions In particular the King expressed himself with great indignation against ten of their Propositions which were the 1 2 3 4 5 9 10 15 16 19 averring that if they did intend the establishment of his honour together with the security of his people as their profession is they would not offer him such Propositions for that Profession joyned to these Propositions appeared to his judgement as a mockery and scorn He averreth further that their Demands are such as that he were unworthy of that Royal descent from so many famous Ancestours unworthy of the Trust reposed in him by the Laws if he should devest himself of such a power so inherent in his Crown and assume others into it protesting that if he were both vanquished and a prisoner in worse condition then any the most unfortunate of his predecessours had ever been reduced unto he would never stoop so lowe as to
hath since been confirmed if I mistake not by his example and Your Majesties Chief Iustice Sir JOHN BANKS both in accepting their Ordinance and nominating their Deputy-Lieutenants how much further they proceeded I know not But Sir if the opinions of those great Lawyers drew me into an act unsutable to Your Majesties liking I hope the want of yeers will excuse my want of judgement And since by the Command of the Parliament I am now so far engaged in their Service as the sending out Warrants to summon the County to meet me this day at Lincoln and afterwards in other places I do most humbly beseech Your Majestie not to impose that Command on me which must needs render me false to those that relie on me and so make me more unhappie then any other misery that can fall upon me These things Sir I once more humbly beseech Your Majestie may be taken into Your Gracious consideration and that You would never be pleased to harbour any misconceit of me or of this Action since nothing hath yet passed by my Commands here or ever shall but what shall tend to the honour and safety of Your Majesties Person to the preservation of the Peace of Your Kingdoms and to the content I hope of all Your Majesties Subjects in these parts amongst whom I remain Your Majesties most humble and most dutiful Subject and Servant FRA. WILLOUGHBY Upon the receipt of these Letters the Lords sent a Message to the House of Commons in which they expressed how much they did value and approve the endeavours of this Lord in a service so much importing the safety of this Kingdom not doubting of their readinesse to concur with them upon all occasions to manifest the sense they have and shall retain of his deservings which appear the greater by how much the difficulties appearing by the circumstances of those Letters have been greater The Lords therefore as they resolved to make his Interest their own in this Service for the publike good and safety of the Kingdom so they desired the Commons to joyn with them in so just and necessary a work To this the House of Commons consented and resolved to joyn with the Lords in this Vote making the like resolution also for the Deputy-Lieutenants for the County of Lincoln and desired the Lords concurrence therein Upon which it was ordered by the Lords in Parliament that they agree with the House of Commons for the resolution concerning the Deputy-Lieutenants of the County of Lincoln In Essex also which proved a most unanimous County and by that means continued in peace and happinesse the Earl of Warwick whose care and action was not confined onely to the Sea chosen Lord Lieutenant by the Parliament when he went down to muster and exercise the Country was received with great applause The Trained Bands were not onely compleat but increased by Voluntiers to unusual numbers and so affectionate to that Cause they were in general that they presented a Petition to the Earl of Warwick and the Deputy-Lieutenants in the name of all the Captains and Lieutenants of the several Companies and in the name of all persons belonging to the Trained Bands To which Petition when it was read in the field they expressed a full consent by their general acclamations and applause in every Company The Earl of Warwick therefore sent the Petition to the Parliament to let them see the extraordinary alacrity and affection of that County of Essex to them which was in these words which follow To the Right Honourable ROBERT Earl of Warwick Lord-Lieutenant of the County of Essex and to the worthy Gentlemen the Deputy-Lieutenants of the same County confided in by the most Honourable the high Court of Parliament We the Captains and Lieutenants with the full consent of the Trained Bands and Voluntiers of the County now assembled having before the accesse of this present Parliament seen our Religion our Laws and Liberties brought to the brink of ruine and subversion by the results of most desperate and wicked Counsels could not but with exâ—â—ding joy behold the assembling and continuance of so great and faithful a Councel the Representative Body of this Kingdom and with most certain confidence commit thereto all that was dear unto us And having also seen the late hellish designes and actings of a malignant party in this Kingdom and the bloody Rebellion in Ireland all working to retard the progresse or subvert the being of this worthy Parliament and therein to bereave us of all our hopes of Reformation or future peace and happinesse to this Church or State we cannot but ascribe all glory praise unto the Lord of lords expresse most hearty thankfulnes to his blessed Instruments that great Assembly for their undaunted resolutions unparallell'd endeavours and happie proceedings for the common good And herein as not the least means of our safety for the most necessary and seasonable Ordinance of theirs touching the Militia whereby we are put under the Command and Guidance of so noble a Lord and such worthy Gentlemen whereunto we humbly desire this present day and meeting may be an evidence and pledge of our free and willing obedience Having intrusted our Religion our Laws and all into the hands of that great and most faithful Councel the Parliament whose care and fidelity we have so abundantly found we even bleed to see the heart and actions of our Royal King contrary to his own Royal expressions declining from the Counsels of his Parliament carried after other Counsels whom as the Laws and Constitutions of this Land have not known nor reposed upon so we for our own parts neither will nor dare intrust with our Religion or Laws and whom we verily believe could they prevail against that highest Court under God our chiefest Bulwark and Defence would soon deprive us both of Religion and Law and notwithstanding all their specious pretences reduce us to a condition no lesse miserable then slavish From the deep apprehensions of all which we do freely and heartily promise and tender our persons and estates to assist and defend to the uttermost the high Court of Parliament now assembled the Members Power and Priviledges thereof and therein his Majesties Person and Authority and the Kingdoms Peace according to our late Protestation against all contrary Counsels Power or force of Arms whatsoever which shall be reared up or attempted against them And this our humble Acknowledgement and Resolution which we doubt not will be accorded unto by all good Subjects we humbly desire your Honour and Worships to tender on our behalf to that most honourable Assembly of Parliament for whose happie progresse and successe we shall daily pray Subscribed J. KITELEY HENRY FARRE JOHN BALLET JOHN FLEMMING WILLIAM MARSHAM ROBERT BARRINGTON Captains THO. HARPER JOHN WOODCOCK RICH. LAWRENCE GEORGE COLWEL THO. CLARK WIMLIAM BURLS Lieutenants The Parliament were very forward to expresse their approbation of this most affectionate Declaration of the Essex men and returned