Earl craved not to Answer an unexpected addition without time assigned yet the Lords prevailed and put him to a present reply 1. That he had withdrawn four and twenty thousand pounds and more from the Exchequer in Ireland and converted to his own use 2. That in the beginning of his Government the Garrisons of Ireland had been maintained by the English Treasury 3. That he had advanced popish and infamous persons as the Bishop of Waterford and others to the prime Room in the Church of Ireland Answer 1. That England was indebted to Ireland so much which he took up upon his own credit and paid it in again producing the Kings Authority and Letter for the same 2. That the Garrisons had been formerly burdensom to England which he so found and had so improved the Kings Revenues there that they were not burdensom at all 3. That he never preferred any but whom he conceived consciencious and honest not being able to prophesie of mens future conditions And for the Bishop of Waterford he hath satisfied the Law The next Day March 24. the particular Articles were inforced to each he answered in order The further Impeachment of Thomas Earl of Strafford by the Commons assembled in Parliament The first Article was not insisted upon 2. That shortly after the obtaining of a Commission dated the 21. of March in the 8. Year of his now Majesties Reign to wit the last Day of August then next following he the said Earl to bring his Majesties Liege-people into a dislike of his Majesty and of his Government and to terrifie the Iustices of the Peace from executing the Laws he the said Earl being then President of the Kings Council in the Northern parts of England and a Iustice of Peace did publickly at the Assizes held for the County of York in the City of York in and upon the said last Day of August declare and publish before the People there attending for the administration of Iustice according to the Law and in the presence of the Iustices sitting that some of the Justices were all for Law but they should finde that the Kings little finger should be heavier than the loyns of the Law Testified by Sir David Fowls and others The Earls Reply That Sir David Fowls was his profest Enemy that his words were clearly inverted that his expression was That the little finger of the Law if not moderated by the Kings gracious clemency was heavier than the Kings loyns That these were his words he verified First by the occasion of them they being spoken to some whom the Kings favour had then enlarged from Imprisonment at York as a Motive to their Thankfulness to his Majesty Secondly by Sir William Pennyman a Member of the House who was then present and heard the words Which Sir William declaring to be true the House of Commons required Iustice of the Lords against him because he had voted the Articles as a Member of the House whereupon Sir William wept 3. That the Realm of Ireland having been time out of minde annexed to the Imperial Crown of this his Majesties Realm of England and governed by the same Laws the said Earl being Lord Deputy of that Realm to bring his Majesties Liege-people of that Kingdom likewise into dislike of his Majesties Government and intending the subversion of the Fundamental Laws and settled Government of that Realm and the distraction of his Majesties Liege-people there did upon the 30. Day of September in the 9. Year of his now Majesties Reign in the City of Dublin the chief City of that Kingdom where his Majesties Privy Council and Courts of Iustice do ordinarily reside and whither the Nobility and Gentry of that Realm do usually resort for Iustice in a publick Speech before divers of the Nobility and Gentry and before the Maior Aldermen and Recorder and many Citizens of Dublin and other his Majesties Liege-people declare and publish that Ireland was a conquered Nation and that the King might do with them what he pleased and speaking of the Charters of the former Kings of England made to that City he further said that their Charters were nothing worth and did binde the King no further than he pleased Testified by the Earl of Cork and two other Lords The Earls Reply That if he had been over-liberal of his tongue for want of discretion yet could not his words amount to Treason unless they had been revealed within fourteen days as he was informed As to the Charge he said True it is he said Ireland was a conquered Nation which no man can deny and that the King is the Law-giver in matters not determined by Acts of Parliament he conceived all loyal Subjects would grant 4. That Richard Earl of Cork having sued out Process in course of Law for recovery of his Possessions from which he was put by colour of an Order made by the said Earl of Strafford and the Council-table of the said Realm of Ireland The said Earl of Strafford upon a Paper-petition without legal proceedings did the twentieth Day of February in the eleventh Year of his now Majesties Reign threaten the said Earl of Cork being then a Peer of the said Realm to imprison him unless he would surcease his Suit and said that he would have neither Law nor Lawyers dispute or question any of his Orders And the twentieth of March in the said eleventh Tear the said Earl of Strafford speaking of an Order of the said Council-table of that Realm made in the time of King James which concerned a Lease which the said Earl of Cork claimed in certain Rectories or Tithes which the said Earl of Cork alleged to be of no force said that he would make the said Earl and all Ireland know so long as he had the Government there any Act of State there made or to be made should be as binding to the Subjects of that Kingdom as an Act of Parliament And did question the said Earl of Cork in the Castle-chamber upon pretence of Breach of the said Order of Council-table and did sundry other times and upon sundry other occasions by his words and speeches arrogate to himself a Power above the Fundamental Laws and established Government of that Kingdom and scorned the said Laws and established Government The Earls Reply It were hard measure for a man to lose his Honour and his Life for an hasty word or because he is no wiser than God hath made him As for the words he confessed them to be true and thought he said no more than what became him considering how much his Masters Honour was concerned in him that if a proportionable obedience was not as well due to Acts of State as to Acts of Parliament in vain did Councils sit And that he had done no more than what former Deputies had done and than what was agreeable to his Instructions for the Council-table which he produced And that if those words were Treason they should have been revealed within
fourteen days 5. That according to such his Declarations and Speeches the said Earl of Strafford did use and exercise a Power above and against and to the subversion of the Fundamental Laws and stablished Government of the said Realm of Ireland extending such his Power to the Goods Free-holds Inheritances Liberties and Lives of his Majesties Subjects of the said Realm viz. the said Earl of Strafford the twelfth day of December Anno Domini 1635. in the time of full peace did in the said Realm of Ireland give and procure to be given against the Lord Mount Norris then and yet a Peer of Ireland and then Vice-Treasurer and Receiver-general of the Realm of Ireland and one of the principal Secretaries of State and Keeper of the Privy Signet of the said Kingdom a Sentence of Death by a Council of War called together by the said Earl of Strafford without any warrant or authority of Law or offence deserving any such punishment And he the said Earl did also at Dublin within the said Realm of Ireland in the Moneth of March in the fourteenth Year of his Majesties Reign without any legal or due proceedings or trial give or cause to be given a Sentence of Death against one other of his Majesties Subjects whose name is yet unknown and caused him to be put to death in execution of the said Sentence The Earls Reply That there was then a standing Army in Ireland and Armies cannot be governed but by Martial Law that it hath been put in constant practice with former Deputies that had the Sentence been unjustly given by him the Crime could amount but to Felony at most for which he hoped he might as well expect Pardon from his Majesty as the Lord Conway and Sir Iacob Astley had for doing the like in the late Northern Army That he neither gave Sentence nor procured it against the Lord Mount Norris but onely desired justice against the Lord for some Affront done to him as he was Deputy of Ireland That the said Lord was judged by a Council of War wherein he sate bare all the time and gave no Suffrage against him that also to evidence himself a Party he caused his Brother Sir George Wentworth in regard of the nearness of Bloud to decline all acting in the Process Lastly though the Lord Mount Norris justly deserved to dy yet he obtained his Pardon from the King 6. That the said Earl of Strafford without any lâ—gal proceedings and upon a Paper-petition of Richard Rolstone did cause the said Lord Mount Norris to be disseised and put out of possession of his Free-hold and Inheritance of his Manour of Tymore in the County of Armagh in the Kingdom of Ireland the said Lord Mount Norris having been two Years before in quiet possession thereof The Earls Reply That he conceived the Lord Mount Norris was legally divested of his Possessions there being a Suit long depending in Chancery and the Plaintiff complaining of Delay he upon the Complainants Petition called unto him the Master of the Rolls Lord Chancellour and Lord Chief Justice of the Common-Pleas and upon Proofs in Chancery decreed for the Plaintiff Wherein he said he did no more than what other Deputies had done before him 7. That the said Earl of Strafford in the Term of Holy Trinity in the thirteenth Year of his now Majesties Reign did cause a case commonly called the Case of Tenures upon defective Tiâ—les to be made and drawn up without any Iury or Trial or other legal Process and without the consent of Parties and did then procure the Iudges of the said Realm of Ireland to deliver their Opinions and Resolutions to that Case and by colour of such Opinions did without any legal proceeding cause Thomas Lord Dillon a Peer of the said Realm of Ireland to be put out of possession of divers Lands and Tenements being his Free-hold in the County of Mago and Rosecomen in the said Kingdom and divers others of his Majesties Subjects to be also put out of possession and disseised of their Free-hold by colour of the same resolution without legal proceedings whereby many hundreds of his Majesties Subjects were undone and their Families â—tterly rained The Earls Reply That the Lord Dillon with others producing his Patent according to a Proclamation on the behalf of his Majesty the said Patent was questionable upon which a Case was drawn and argued by Council and the Judges delivered their Opinions But the Lord Dillon or any other was not bound thereby nor put out of their Possessions but might have traverst the Office or otherwise have legally proceeded notwithstanding the said Opinion 8. That the said Earl of Strafford upon a Petition exhibited in October 1635. by Thomas Hibbots against Dame Mary Hibbots widow to him the said Earl of Strafford recommended the said Petition to the Counsel Table of Ireland where the most part of the Counsel gave their vote and opinion for the said Lady but the said Earl finding fault herewith caused an order to be entered against the said Lady and threatned her that if she refused to submit thereunto he would imprison her and fine her five hundred pound that if she continued obstinate he would continue her imprisonment and double her fine every month by month whereof she was enforced to relinquish her estate in the Land questioned in the said Petition which shortly was conveyed to Sir Robert Meredeth to the use of the said Earl of Strafford And the said Earl in like manner did imprison divers others of his Majesties subjects upon pretence of disobedience to his orders and decrees and other illegal commands by him made for pretended debts titles of Lands and other causes in an arbitrary and extrajudicial course upon paper Petitions to him preferred and no other cause legally depending The Earls Reply That true it is he had voted against the Lady Hibbots and thought he had reason so to do the said Lady being discovered by Fraud and Circumvention to have bargained for Lands of a great value for a small Sum. And he denied that the said Lands were after sold to his use or that the major part of the Council-board voted for the Lady the contrary appearing by the Sentence under the Hand of the Clerk of the Council which being true he might well threaten her with Commitment in case she disobeyed the said Order Lastly were it true that he were criminal therein yet were the Offeâ—ce but a Misdemeanour no Treason 9. That the said Earl of Strafford the 16. day of Feb. in the 12. year of his now Majesties reign assuming to himself a power above and against Law took upon him by a general Warrant under his hand to give power to the Lord Bishop of Down and Connor his Chancellor or Chancellors and their several officers thereto to be appointed to attach and arrest the Bodies of all such of the meaner and poorer sort who after citation should either refuse to appear before them or appearing should
omit or deny to perform or undergo all Lawful decrees sentences and orders issued imposed or given out against them and them to commit and keep in the next Gaole untill they should either perform such sentences or put in sufficient Bail to shew some reason before the Counsel Table of such their contempt and neglect and the said Earl the day and year last mentioned signed and issued a warrant to that effect and made the like warrant to send all other Bishops and their Chancellors in the said Realm of Ireland to the same effect The Earls Reply That such Writs had been usually granted by former Deputies to Bishops in Ireland nevertheless being not fully satisfied with the convenience thereof he was sparing in granting of them untill being informed that divers in the Diocess of Down were somewhat refractory he granted Warrants to that Bishop and hearing of some Disorders in the Execution he called them in again 10. That the said Earl of Strafford being Lord Lieutenant or Deputy of Ireland procured the customes of the Merchandise exported out and imported into that Realm to be farmed to his own use And in the ninth year of his now Majesties Reign he having then interest in the said Customs to advance his own gain and lucre did cause and procure the native commodities of Ireland to be rated in the book of Rates for the Customes according to which the Customs were usually gathered at far greater values and prices than in truth they were worth that is to say every hide at 20 shillings which in truth was worth but five shillings every stone of Wool at thirteen shillings four pence though the same ordinarily were worth but five shillings at the utmost but nine shillings by which means the Custom which before was but a twentieth part of the true value of the commodity was inhanced sometimes to a fifth part and sometimes to a fourth sometimes to a third part of the true value to the great oppression of the Subjects and decay of Merchandise The Earls Reply That his Interest in the Customes of Ireland 〈◊〉 to him by the Assignation of a Lease from the Dutchess of Buckingham that the Book of Rates by which the Customes were gathered was the same which was established by the Lord Deputy Faulkland Anno 1628. some years before he was imployed thither That as he hath been just and faithfull to his Master the King by increasing his Revenue so hath he also much bettered the Trade and Shippâ—ng of that Kingdom 11. That the said Earl in the ninth year of his now Majesties Reign did by his own will and pleasure and for his own lucre restrain the exportation of the commodities of that Kingdome without his licence as namely Pipe-staves and other commodities and then raised great sums of money for licensing of exportation of those commodities and dispensation of the said restraints imposed on them by which means the Pipe-staves were raised from four pound ten shillings or five pound per thousand to ten pound and sometimes eleven pound per thousand and other commodities were inhanced in the like proportion and by the same means by him the said Earl The Earls Reply That Pipe-staves were prohibited in King Iames his time and not exported but by Licence paying six shillings eight pence a thousand and that he had not raised so much thereby to himself as his Predecessours had done for such Licences 12. That the said Earl being Lord Deputy of Ireland on the ninth day of Jan. in the thirteenth year of his Majesties Reign did then under colour to regulate the importation of Tobacco into the said Realm of Ireland issue a Proclamation in his Majesties name prohibiting the importation of Tobacco without licence of him and the Counsel therefrom and after the first day of May Anno Dom. 1638. After which restraint the said Earl notwithstanding the said restraint caused divers great quantities of Tobacco to be imported to his own use and fraighted divers ships with Tobacco which he imported to his own use and that if any ship brought Tobacco into any Port there the said Earl and his Agents used to buy the same to his own use at their own price And if that the owners refused to let him have the same at under values then they were not permitted to vent the same by which undue means the said Earl having gotten the whole Trade of Tobacco into his own hands he sold it at great and excessive prices such as he list to impose for his own profit And the more to assure the said Monopoly of Tobacco he the said Earl on the 23. day of Feb. in the 13. year aforesaid did issue another Proclamation commanding that none should put to sale any Tobacco by whole-sale from and after the last day of May then next following but what should be made up into Rols and the same sealed with two seals by himself appointed one at each end of the Roll. And such as was not sealed to be seised appointing sixpence the pound for a reward to such persons as should seise the same and the persons in whose custody the unsealed Tobacco should be found to be committed to Gaol which last proclamation was covered by a pretence of the restraining of the sale of unwholesome Tobacco but it was truly to advance the said Monopoly Which proclamation the said Earl did rigorously put in execution by seising the goods fining imprisoning whipping and putting the offenders against the same proclamation on the pillory as namely Barnaby Hubbard Edward Covena John Tumen and divers others and made the Officers of State and Iustices of peace and other Officers to serve him in compassing and executing these unjust and undue courses By which cruelties aâ—d unjust Monopolies the said Earl raised 100000. pounds per annum gain to himself And yet the said Earl though he inhanced the Customes where it concerned the Merchants in general yet drew down the impost formerly taken on Tobacco from six pence the pound to three pence the pound it being for his own profit so to do And the said Earl by the same and other rigorous and undue means raised several other Monopolies and unlawfull exactions for his own gaine viz. on Starch Iron pots Glasses Tobacco pipes and several other commodities The Earls Reply That before his time the King had but ten or twenty pounds per annum for that Custome which now yielded twenty thousand pounds For the Proclamation it was not set out by his means principally or for his private benefit but by consent of the whole Council The prices of Tobacco not exceeding two shillings the pound And this he conceives cannot be made Treason were all the Articles granted but onely a Monopoly for which he was to be fined 13. That flax being one of the principal and native Commodities of that Kingdome of Ireland the said Earl having gotten great quantities thereof into his hands and growing on his own Lands did issue out several proclamations viz. one dated the one and twentieth day of May in the eleventh of his Majesties reign
and the other dated the one and thirtieth day of January in the same year thereby prescribing and enjoyning the working of Flax into Yarn and Thread and the ordering of the same in such wayes wherein the Natives of that Kingdome were unpractised and unskilful which proclamations so issued were by his Commands and Warrants to his Majesties Iustices of peace and other Officers and by other rigorous means put in execution and the Flax wrought or ordered in other manner than as the said proclamation prescribed was seized and employed to the use of him and his agents and thereby the said Earl endeavoured to gain and did gain in effect the sole sale of that native commodity The Earls Reply That he did endeavour to advance the Manufacture of Linnen rather than of Woollen because the last would be the greater detriment to England That the Primate of Ireland the Arch-bishop of Dublin Chancellour Loftus and the Lord Mount Norris all or the Council and Subscribers of the Proclamation were as liable to the Charge as himself That the reducing of that Nation by Orders of the Council-board to the English Customes from their more savage usages as drawing Hoâ—ses by their tails c. had been of former practise that the Project was of so ill avail to him as he was the worse for the Manufacture thirty thousand pounds at least by the Loom he had set up at his own charge The Fourteenth Article was not urged 15. That the said Earl of Strafford traiterously and wickedly devised and contrived by force of Armes in a warlike manner to subdue the Subjects of the said Realm of Ireland to bring them under his tyrannical power and will and in pursuance of his wicked and trayterous purposes aforesaid the said Earl of Strafford in the eighth year of his Majesties reign did by his own authority without any warrant or colour of Law tax and impose great sums of money upon the Townes of Baltemore Bandenbridge Talowe and divers other Townes and places in the said Realm of Ireland and did cause the same to be levied upon the Inhabitants of those Towns by Troops of Souldiers with force and arms in a warlike manner And on the ninth day of March in the twelfth year of his now Majesties reign trayterously did give authority unto Robert Savill a Serjeant at armes and to the Captains of the companies of Souldiers in several parts of that Realm to send such numbers of Souldiers to lie on the Lands and Houses of such as would not conform to his orders until they should render obedience to his said orders and warrants and after such submission and not before the said Souldiers to return to their Garrisons And did also issue the like warrants unto divers others which warrants were in warlike manner with force and Arms put in execution accordingly and by such warlike means did force divers of his Majesties Subjects of that Realm to submit themselves to his unlawful commands And in the said twelfth year of his Majesties reign the said Earl of Strafford did trayterously cause certain troops of horse and foot armed in warlike manner and in warlike array with force and armes to expel Richard Butler from the possession of Castle-cumber in the Territory of Idough in the said realm of Ireland and did likewise and in like warlike manner expel divers of his Majesties Subjects from their houses families and possessions as namely Edward Brenman Owen Oberman Patrick Oberman Sir Cyprian Horsfield and divers others to the number of about a hundred families and took and imprisoned them and their wives and carried them prisoners to Dublin and there detained them until they did yield up surrender or release their respective estates and rights And the said Earl in like warlike manner hath during his Government of the said Kingdom of Ireland subdued divers others of his Majesties Subjects â—ase to his will and thereby and by the means aforesaid hath levied war within the said Realm against his Majesty and his liege people of that Kingdom Testified by Serjeant Savil. The Earls Reply That nothing hath been more ordinary in Ireland than for the Governours to put all manner of Sentences in execution by the help of Souldiers that Grandison Falkland Chichester and other Deputies frequently did it Sir Arthur Teningham to this point deposed that in Falkland 's time he knew twenty Souldiers assessed upon one man for refusing to pay sixteen shillings That his Instructions for executing his Commission were the same with those formerly given to the Lord Falkland and that in both there is express warrant for it That no Testimony produced against him doth evidently prove he gave any Warrant to that effect and that Serjeant Savil shewed onely the Copy of a Warrant not the Original it self which he conceived could not make Faith in Case of Life and Death in that high Court especially it being not averred upon Oath to agree with the Original which should be upon Record That he conceived he was for an Irish Custome to be tried by the Peers of that Kingdom 16. That the said Earl of Strafford the two and twentieth of February in the seventh year of his now Majesties reign intending to oppress the said Subjects of Ireland did make a proposition and obtained from his Majesty an allowance that no complaint of injustice or oppression done in Ireland should be received in England against any unless it first appeared that the party made first his address to him the said Earl and the said Earl having by such usurped tyrannical and exorbitant power expressed in the former Articles destroyed the Peers and other Subjects of that Kingdom of Ireland in their lives consciences land liberties and estates the said Earl to the intent the better to maintain and strengthen his power and to bring the people into a disaffection of his Majesty as aforesaid did use his Majesties name in the execution of his said power And to prevent the Subjects of that Realm of all means of complaints to his Majesty and of redress against him and his agents did issue a Proclamation bearing date the seventeenth day of September in the eleventh year of his Majesties Reign thereby commanding all the Nobility undertakers and others who held estates and offices in the said Kingdom except such as were imployed in his Majesties service or attending in England by his special command to make their personal residence in the said Kingdom of Ireland and not to depart thence without licence of himself And the said Earl hath since issued other Proclamations to the same purpose by means whereof the subjects of the said Realm are restrained from seeking relief against the oppressions of the said Earl without his license which Proclamation the said Earl hath by several rigorous waies as by fine imprisonment and otherwise put in execution on his Majesties subjects as namely one Parry and
others who came over only to complain of the exorbitances and oppressions of the said Earl Testified by the Earl of Desmond the Lord Roch Marcattee and Parry The Earls Reply That the Deputy Falkland had set out the same Proclamation That the same Restraâ—nt was contained in the Statute of 25 of Henry 6. upon which the Proclamation was founded That he had the Kings express Warrant for the Proclamation That he had also power to do it by the Commission granted him and that the Lords of the Council and three Justices not onely yielded but pressed him unto it That it was done upon just cause for had the Ports been open divers would have taken liberty to go to Spain to Doway Rhemes or Saint Omers which might have prooved of mischievous consequence to the State That the Earl of D' Esmond stood at the time of his Restraint charged with Treason before the Council of Ireland for practising against the Life of one Sir Valentine Coke That the Lord Roch was then a Prisoner for Debt in the Castle of Dublin and therefore incapable of a Licence That Par ry was not sined for coming over without Licence but for several Contempts against the Council-board in Ireland and that in his Sentence he had but onely a casting Voice as the Lord Keeper in the Star chamber The Seventeenth and Eighteenth Articles were not insisted upon 19. That the said Earl having taxed and levyed the said impositions and raised the said Monopolies and committed the said oppressions in his Majesties name and as by his Majesties Royal command he the said Earl in May the fifteenth year of his Majesties reign did of his own authority contrive and frame a new and unusual oath by the purport whereof among many other things the party taking the said oath was to swear that he should not protest against any of his Majesties Royal commands but submit themselves in all obedience thereunto Which oath he so contrived to enforce the same on the subjects of the Sâ—oâ—ish Nation inhabiting in Ireland and out of a hatred to the said Nation and to put them to a discontent with his Majesty and his Government there and compelled divers of his Majesties said subjects there to take the said oath some he grievously fined and imprisoned and others he destroyed and exiled and namely the 10. of October Ann. Dom. 1639. he fined Henry Steward and his wife who refused to take the said oath five thousand pounds a peece and their two daughters and James Gray three thousand pounds a peece and imprisoned them for not paying the said fines The said Henry Stewards wife and daughters and James Gray being the Kings liege people of the Scotish Nation and divers others he used in the like manner and the said Earl upon that occasion did declare that the said oath did not only oblige them in point of allegiance to his Majesty and acknowledgement of his supremacy only but to the Ceremonies and Government of the Church established or to be established by his Majesties royal Authority and said that the refusers to obey he would prosecute to the bloud The Earls Reply That the Oath was not violently enjoyned by him upon the Irish Scots but framed in compliance with their own express Petition which Petition is owned in the Proclamation as the main Impulsive to it That the same Oath not long after was prescribed by the Council of England That he had a Letter under his Majesties own hand ordering it to be prescribed as a Touch-stone of their Fidelity As to the greatness of the Fine imposed upon Steward and others he conceived it was not more than the heinousness of their offence deserved yet had they petitioned and submitted the next day that would wholly have been remitted 20. That the said Earl in the fifteenth and sixteenth Years of his Majesties Reign and divers Years past laboured and endeavoured to beget in his Majestie an ill opinion of his Subjects namely those of the Scotish Nation and divers and sundry times and especially since the Pacification made by his Majestie with his said Subjects of Scotland in Summer in the fifteenth Year of his Majesties Reign he the said Earl did labour and endeavour to perswade incite and provoke his Majesty to an Offensive War against his said Subjects of the Scotish Nation and the said Earl by his counsel actions and endeavours hath been and is a chief Incendiary of the War and Discord between his Majesty and his Subjects of England and the said Subjects of Scotland and hath declared and advised his Majesty that the Demand made by the Scots in this Parliament were a sufficient cause of War against them The said Earl having formerly expressed the height and rancour of his minde towards his Subjects of the Scotish Nation viz. the tenth Day of October in the fifteenth Year of his Majesties Reign he said that the Nation of the Scots were Rebells and Traitours and he being then about to come to England he then further said that if it pleased his Master meaning his Majesty to send him back again he would root out of the said Kingdom meaning the Kingdom of Ireland the Scotish Nation both Root and Branch Some Lords and others who had taken the said Oath in the precedent Article onely excepted And the said Earl hath caused divers of the said Ships and Goods of the Scots to be staied seized and molested to the intent to set on the said War The Earls Reply That he called all the Scotish Nation Traitours and Rebells no one proof is produced and though he is hasty in speech yet was he never so defective of reason as to speak so like a mad man for he knew well his Majesty was a Native of that Kingdom and was confident many of that Nation were of as heroick spirits and as faithfull and loyal Subjects as any the King had As to the other words of rooting out the Scots both Root and Branch he conceives a short Reply may serve they being proved by a single â—estimony onely which can make no sufficient faith in case of Life Again the Witness was very much mistaken if not worse for he deposeth that these words were spoken the tenth day of October in Ireland whereas he was able to evidence he was at that time in England and had been so near a Moneth before The one and twentieth and two and twentieth Artâ—cles were not urged 23. That upon the thirteenth Day of April last the Parliament of England met and the Commons House then being the Representative Body of all the Commons in the Kingdom did according to the trust reposed in them enter into Debate and Consideration of the great Grievances of this Kingdom both in respect of Religion and the publick Libertie of the Kingdom and his Majestie referring chiefly to the said Earl of Strafford and the Arch-bishop of Canterbury the ordering and disposing of all matters concerning the Parliament he the said Earl of Strafford with the assistance of the said Arch-bishop did procure his Majesty by
sundry Speeches and Messages to urge the said Commons House to enter into some Resolution for his Majesties supply for maintenance of his War against his Subjects of Scotland before any course was taken for the relief of the great and pressing Grievances wherewith this Kingdom was then afflicted Whereupon a Demand was then made from his Majesty of twelve Subsidies for the release of Ship money onely and while the said Commons then assembled with expressions of great affections to his Majestie and his service were in Debate and Consideration of some Supply before Resolution by them made he the said Earl of Strafford with the help and assistance of the said Arch-bishop did procure his Majesty to dissolve the last Parliament upon the fifth Day of May last and upon the same Day the said Earl of Strafford did treacherously falsly and maliciously endeavour to incense his Majesty against his loving and faithfull Subjects who had been Members of the said House of Commons by telling his Majesty they had denied to supply him And afterward upon the same did treacherously and wickedly counsel and advise his Majesty to this effect viz. That having tried the affections of his People he was loose and absolved from all Rules of Government and was to do every thing that Power would admit and that his Majesty had tried all ways and was refused and should be acquitted both of God and Man and that he had an Army in Ireland meaning the Army above mentioned consisting of Papists his Dependents as is aforesaid which he might imploy to reduce this Kingdom to obedience The Earls Reply That he was not the principal cause of dissolving the last Parliament for before he came to the Council-table it was voted by the Lords to demand twelve Subsidies and that Sir Henry Vane was ordered to demand no less but he coming in the interim he perswaded the Lords to vote it again declaring to his Majesty then present and them the danger of the breach of the Parliament whereupon it was again voted that if the Parliament would not grant twelve Subsidies Sir Henry should descend to eight and rather than fail to six But Sir Henry not observing his Instructions demanded twelve onely without abatement or going lower that the height of this demand urged the Parliament to deny and their denial moved his Majesty to dissolve the Parliament so that the chief occasion of the breach thereof was as he conceived Sir Henry Vane He confesseth that at the Council-table he advised the King to an offensive War against the Scots but it was not untill all fair means to prevent a War had been first attempted Again others were as much for a defensive War it might be as free to vote one as the other Lastly Votes at a Council-board are but bare Opinions and opinions if pertinaciously maintained may make an Heretick but never can a Traitour And to Sir Vane's Deposition he said it was onely a single Testâ—mony and contradicted by four Lords of the Iunto Tables Depositions viz. the Earl of Northumberland the Marquess of Hamilton the Bishop of London and Lord Cottington who all affirmed that there was no question made of this Kingdom which was then in obedience but of Scotland that was in Rebellion and Sir Henry Vane being twice examined upon Oath could not remember whether he said this or that Kingdom and the Notes after offered for more proof were but the same thing and added nothing to the Evidence to make it a double Testimony or to make a Privy-counsellours Opinion in a Debate at Council high Treason The four and twentieth Article not urged 25. That not long after the dissolution of the said last Parliament viz. in the months of May and June he the said Earl of Strafford did advise the King to go on rigorously in levying of the Ship-mony and did procure the Sheriffs of several Counties to be sent for for not levying the Ship-money divers of which were threatned by him to be sued in the Star-chamber and afterwards by his advice were sued in the Star-chamber for not levying the same and divers of his Majesties loving subjects were sent for and imprisoned by his advice about that and other illegal payments And a great loan of a hundred thousand pounds was demanded of the City of London and the Lord Maior and the Aldermen and the Sheriffs of the said City were often sent for by his advice to the Counsel Table to give an accâ—unt of their proceedings in raising of Ship-money and furthering of that loan and were required to certifie the names of such Inhabitants of the said City as were fit to lend which they with much humility refusing to do he the said Earl of Strafford did use these or the like speeches viz. That they deserved to be put to Fine and Ransom and that no good would be done with them till an example were made of them and that they were laid by the heels and some of the Aldermen hâ—nged up The Earls Reply That there was a present necessity for Money that all the Council-board had voted with yea before him That there was then a Sentence in Star-chamber upon the Opinion of all the Judges for the legality of the Tax of Ship-money and he thought he might advise the King to take what the Judges had declared was by Law his own He confessed that upon Refusal of so just a service the better to quicken the Citizens to the payment of Ship-money he said they deserved to be fined Which words might perhaps be incircumspectly delivered but conceives cannot amount to Treason especially when no ill consequence followed upon them and it would render men in a sad condition if for every hasty word or opinion given in Council they should be sentenced as Traitours But that he said it were well for the kings service if some of the Aldermen were hanged up he utterly denieth Nor is it proved by any but Alderman Garway who is at best but a single Testimony and therefore no sufficient Evidence in case of Life 26. That the said Earl of Strafford by his wicked counsel having brought his Majesty iâ—to excessive charges without any just cause he did in the moneth of July last for the support of the said great charges counsel and approve two dangerous and wicked Projects viz. To seise upon the Bullion and the Money in the Mint And to imbase his Majesties Coin with the mixtures of Brass And accordingly he procured one hundred and thirty thousand pounds which was then in the Mint and belonging to divers Merchants strangers and others to be seised on and stayed to his Majesties use And when divers Merchants of London owners of the said Bullion came to his house to let him understand the great mischief that course would produce here and in other parts what prejudice it would be to the Kingdom by discrediting the Mint and hindring the
importation of Bullion he the said Earl told them that the City of London dealt undutifully and unthankfully with his Majesty and that they were more ready to help the Rebel than to help his Majesty and that if any hurt came to them they might thank themselves and that it was the course of other Princes to make use of such monies to serve their occasions And when in the same month of July the Officers of his Majesties Mint came to him and gave him divers reasons against the imbasing of the said money he told them that the French King did use to send Commissaries of Horse with Commission to search into mens estates and to peruse their accompts that so they may know what to levy of them by force which they did accordingly levy and turning to the Lord Cottington then present said That this was a point worthy his Lordships consideration The Earls Reply That he expected some Proofs to evidence the two first Particulars but hears of none For the following words he confessed probably they might escape the Door of his Lips Nor did he think it much amiss considering their present posture to call that Faction Rebells As for the last words objected against him in that Article he said that being in conference with some of the Londoners there came to his hands at that instant a Letter from the Earl of Leicester then at Paris wherein were the Gazets inclosed relating that the Cardinal had given order to levy Money by Souldiers This he onely told the Lord Cottington standing by but made not the least Application thereof to the English Affairs 27. That in or about the Moneth of Aug. last he was made Lieutenant General of all his Majesties Forces in the Northern parts against the Scots being at York did in the Moneth of September by his own authority and without any lawfull warrant impose a Tax on his Majesties Subjects in the County of York of 8. d. per diem for maintenance of every Souldier of the Trained Bands of that County which Sums of Money he caused to be levied by force And to the end to compell his Majesties Subjects out of fear and terrour to yield to the payment of the same He did declare that he would commit them that refused the payment thereof and the Souldiers should be satisfied out of their Estates and they that refused it were in very little better condition than of high Treason The Earls Reply That his Majesty coming to York it was thought necessary in regard the Enemy was upon the Borders to keep the Trained Bands on foot for defence of the County and therefore the King directed him to write to the Free-holders in Yorkshire to declare what they would do for their own defence that they freely offered a Moneths pay nor did any man grudg against it Again it was twice propounded to the great Council of Peers at York that the King approved it as a just and necessary act and none of the Council contradicted it which he conceived seemed a tacit allowance of it That though his Majesty had not given him special order therein nor the Gentry had desired it yet he conceived he had power enough to impose that Tax by virtue of his Commission But he never said that the Refusers should be guilty of little less than high Treason which being proved by Sir William Ingram he was but a single Testimony and one who had formerly mistaken himself in what he had deposed 28. That in the moneths of September and October last he the said Earl of Strafford being certified of the Scotish Army coming into the Kingdom and he the said Earl of Strafford being Lieutenant General of his Majesties Army did not provide for the defence of the Town of Newcastle as he ought to have done but suffered the same to be lost that so he might the more incense the English against the Scots And for the same wicked purpose and out of a malicious desire to ingage the Kingdoms of England and Scotland in a National and bloudy war he did write to the Lord Conway the General of the horse and under the said Earls command that he should fight with the Scotish Army at the passage over the Tyne whatsoever should follow notwithstanding that the said Lord Conway had formerly by Letters informed him the said Earl that his Majesties Army then under his command was not of force sufficient to incounter the Scots by which advice of his he did contrary to the duty of his place betray his Majesties Army then under his command to apparent danger and loss The Earls Reply That he admired how in the third Article he being charged as an Incendiary against the Scots is now in the Article made their Confederate by betraying New-castle into their hands But to answer more particularly he said that there was at New-castle the 24. of August ten or twelve thousand Foot and two thousand Horse under the Command of the Lord Conway and Sir Iacob Astley and that Sir Iacob had written to him concerning the Town of New-castle that it was fortified which also was never under his particular care and for the passage over the River of Tine his Majesty sent special Directions to the Lord Conway to secure it and therefore that Lord is more as he conceives responsible for that Miscarriage than himself When he had done the House of Commons urged that if he had any further Defence he should perform it presently but had time set next Day when the Court met but the Earl being taken with a terrible Fit of the Stone and in danger of his Life if he stirred abroad which Message though assured by the Lieutenant of the Tower for more satisfaction to the violency of the Commons the Lords agreed to proceed the next Day if he did not appear and sent some of the Upper House thither who found him in some hopes of better health against the next Day Not that any one could imagine that his Cause needed the help of dissembling having satisfied all indifferent persons with his Justification as to Treason and no other Crimes could daunt him But as in such Cases his Adversaries the Commons had reserved their Evidence most pernicious which the next Day they desired to produce The Earl also pressed the like on his own behalf which as yet had not been offered a reasonable Request for the Defendant as well as the Plaintiff or to wave them on both sides And because the Lords were absolute of this opinion the Commons in apparant discontenâ— took no leave but departed without ordering any certain Day for their next Meeting But on Monday two Days after the Parliament sate in their several Houses when Master Pym produced to the Commons a Copy of some Notes taken by Secretary Vane of several opinions upon Debates at the Council-table the fifth of May 1640. being the Day of the last Parliaments Dissolution and the Discovery is thus made our The Father delivers
of England and Ireland and to introduce an Arbitrary and Tyrannical Goverment against Law in the said Kingdoms and for exercising a tyrannous and exorbitant Power over and against the Laws of the said Kingdoms over the Liberties Estates and Laws of his Majesties Subjects and likewise for having by his own Authority commanded the laying and assessing of Souldiers upon his Majesties Subjects in Ireland against their consent to compell them to obey his unlawfull Commands and Orders made upon Paper-petitions in Causes between party and party which accordingly was executed upon divers of his Majesties Subjects in a warlike manner within the said Realm of Ireland and in so doing did levy War against the Kings Majesty and his Liege-people in that Kingdom And also for that he upon the unhappy Dissolution of the last Parliament did slander the House of Commons to his Majesty and did counsel and advise his Majesty that he was loose and absolved from Rules of Government and that he had an Army in Ireland which he might imploy to reduce this Kingdome for which he deserves to undergo the paines and Forfeitures of high Treason And the said Earl hath been also an Incendiary of the wars between the two Kingdoms of England and Scotland all which offences have been sufficiently proved against the said Earl upon his Impeachment Be it therefore Enacted by the Kings most excellent Majesty and by the Lords and Commons in this present Parliament assembled and by â—â—thority of the same that the said Earl of Strafford for the hainous crimes and offences aforesaid stand and be adjudged and attainted of high Treason and shall suffer such pain of death and incur the Forfeitures of his Goods and Cattels Lands Tenements and hereditaments of any estate of freehold or Inheritance in the said Kingdomes of England and Ireland which the said Earl or any other to his use or in trust for him have or had the day of the first sitting of this present Parliament or at any time since Provided that no Iudge or Iudges Iustice or Iustices whatsoever shall adjudge or interpret any Act or thing to be Treason nor hear or determine any Treason nor in any other manner than he or they should or ought to have done before the making of this Act and as if this Act had never been had or made Serving alwaies unto all and singular persons and bodies politique and corporal their Heirs and successors other than the said Earl and his Heirs and such as claim by from or under him all such right title and Interests of in and to all and singular such of the said Lands Tenements and Hereditaments as he they or any of them had before the first day of this present Parliament any thing herein contained to the contrary notwithstanding Provided that the passing of this present Act and his Majesties assent thereunto shall not be any determination of this present sessions of Parliament and all Bills and matters whatsoever depending in Parliament and not fully enacted and determined And all Statutes and Acts of Parliament which have their continuance until the end of this present session of Parliament shall remain continue and be in force as if this Act had not been This Bill of Attainder being read opened and affirmed by sundry Presidents and Acts of Parliament might no doubt remove the misty cloud of the Peers understanding And therefore the next day the heat of that house appeared towards his destruction contrary to the Kings conscience whose Judgement was that he deserved relief And to that end the first of May he called both Houses together and to them he opened himself for the Earls defence thus My Lords and Gentlemen I had no intention to have spoken to you of this business to day which is the great business of the Earl of Strafford because I would do nothing which might hinder your occasions But now it comes to pass that I must of necessity have past in the judgment I think it most necâ—ssary to declare my conscience therein I am sure you know I have been present at the hearing of this great cause from one end to the other and I must tell you that in my conscience I cannot condemn him of high Treason It is not fit for me to argue this business I am sure you will not expect it a positive Doctrine best becomes the mouth of a Prince yet must I tell you three truths which I am sure no man can tell so well as myself First That I had never any intention of bringing over the Irish Army into England nor ever was advised by any body so to do Secondly That there was never any debate before me either in publique Councel or private Committee of the disloyalty of my English subjects nor ever had I any suspicion of them Thirdly That I was never counselled by any to alter the least of any of the Laws of England much less to alter all the Laws Nay I tell you this I think no body durst ever be so impudent as to move me to it For if they had I should have made them such an example and put such a mark upon them that all posterity should know my intentions by it they being ever to govern by the Law and no otherwise I desire rightly to be understood for though I tell you in my conscience I cannot condemn him of high Treason yet cannot I clear him of misdemeanours therefore I hope you may find out a way to satisfie justice and your own fears and not oppress my conscience My Lords I hope you know what a tender conscience is and I must declare unto you that to satisfie my people I would do great matters but in this of conscience neither fear nor any other respect whatsoever shall ever make me goe against it Certainly I have not deserved so ill of this Parliament at this time that they should press me in this tender point therefore I cannot suspect you will go about it Nay I must confess for mis-demeanours I am so clear in them that though I will not chalk out the way yet I will shew you that I think my Lord of Strafford is not fit hereafter to serve me or the Common-wealth in any place of trust no not so much as a Constable Therefore I leave it to you my Lords to find out some such way as to bring me out of this straight and keep your selves and the Kingdome from such inconveniences So then in effect he tells them of his presence at the hearing of that great cause from one end to the other and that positively in his conscience he cannot condemn him of High Treason but could not clear him of misdemeanours and he hoped that they might finde out a way to satisfie Justice and their own fears and not to oppress the Kings conscience which neither fear nor any other respect whatsoever should make him go against it and leaves them the way to bring him out of this straight This
solely intrusted with the person of the prince should leave behind him in a foreign Court so much scandal by his ill behaviour 10. That he hath been a great part the cause of the ruine of the Prince Palatine and his estate in so much as those affairs concern this kingdom 11. That he hath in his relation to both Houses of Parliament wronged the Earl of Bristow in his honour by many sinister aspersions 12. Lastly that the Earl of Bristow did reveal to his late Majesty both by word and letter in what sort the Duke had misdemeaned himself and abused his trust and the King by several wayes sent him word he should rest assured that he would hear the said Earl in due time and that four dayes before his sicknesse he signified to the Earl that he would hear him against the Duke as well as he had heard the Duke against him And not long after the King died having been much vexed and pressed with the said Duke Here is no High Treason herein mentioned if the charge were proved then no Traytor at all neither most nor least for indeed had this done it the Commons needed not their new Impeachment which followes and never amounted to more than Misdemeanors Misprisions Offences and Crimes Nothing rare with favourites and therefore never such pursued upon any before this person and these times Which might occasion an antient Baron the Lord Spencer To start up that was no upstart Lord and to demand Is this all you have to say against the Duke The Earl replyed Yes my Lord and I am sorry it is so much then quoth the Lord Spencer If this be all Ridiculus Mus and so sat down again Upon this a Crotchet took the Lord Cromwel in the Crown and out he goes to Mr. Richard Spencer a younger Son of that Lord and a great Zelot in the Lower house against the Duke Dick said he What is done in your House to day against the Duke My Lord said he he is charged with high Treason Tush Dick quoth the Lord High Treason If this be all Ridiculus Mus. The Charge I say might occasion this story of the Lords complements which out of doubt was told to the Historian for truth though couched in this wanton stile not usuâ—l with his gravity I confess And indeed if Mr. Richard Spencer have not forsaken his Memory he professes there was never any such confabulation with any Crotchet of Cromwells Crown and desires the Author to expunge it out of his next impression and me to excuse him in this But such a Charge as it was It served the turn for that time but not to prevent the Attornies Charge against the Eaâ—l which to my knowledge was framed long before and therefore needed no speeding as to prevention Yet being ready It was put in the next day abating one of the Earls number against the Duke for these were but Eleven Articles First That the said Earl being imployed by the late King Iames as his Ambassadour unto Ferdinando Emperour of Germany and unto Philip the fourth King of Spain in the years 1621 1622 and 1623. with Commission to treat with them for the plenary restitution of the Palatinate to the Count Palatine who maried the Lady Elizabeth the onely Daughter of his late Majesty and also to treat with the King of Spain for a Mariage to be had between his now Majesty then Prince of Wales and the Lady Donna Maria the Infanta of Spain did falsly trayterously and confidently inform the late King by sundry Letters That the said Emperour and King of Spain would really make restitution of the Dominions and Electoral dignity of the said Count Palatine and that the said King of Spain did really intend the Mariage aforesaid Whereas in truth the said Emperour and King or either of them never really intended such restitution and the King of Spain never intended the said Mariage whereof the Earl could not be ignorant whereby the the Dominions and Electorall Dignity aforesaid were utterly lost Secondly That the said Earl having received from his late Majesty particular directions to put the King of Spain to a speedy and punctual answer touching the Treaties aforesaid did nevertheless continue those Treaties upon Generalities without effectuall pressing the King of Spain to particular Conclusions sutable to his Instructions Thirdly that the said Earl to the intent to discourage the late King from taking up of Arms or entring into Hostility with the said King of Spain did many times both by word and letters to him and his Ministers extoll the greatnesse and power of the King of Spain and did cunningly strive to retard the late Kings Resolutions of declaring himself an Enemy to the King of Spain Fourthly That the said Earl being told upon his dispatch out of this Realm that there was little probability that these Treaties would have any good successe he then replyed He cared not what the successe thereof would be for he would take care to have his instructions perfect and to pursue them punctually and howsoever the businesse went he would make his fortunes thereby Fifthly that the said Earl on purpose to advance the Romish Religion did during the time aforesaid often by Letters and otherwise counsell and perswade his late Majesty to set at liberty Iesuits and Priests of the Romish Religion which were imprisoned according to the laws of the Land and to grant the Papists a Toleration of their Religion Sixthly That by the said Earls false Informations and Intelligences given to the late King and now his Majesty then Prince they were put into hopes and by long delayes they were put into jealousies concerning the said Treaties that there was not that sincerity in them which they expected Whereupon the said Prince his now Majesty was enforced to undertake in his own person a long and dangerous Journey into Spain intending either speedily to conclude the said Treaties or to discover the feigned Intentions of the Emperoâ—r and King of Spain and thereupon to dissolve them By which Journey the Person of the said Prince and in Him the peace and safety of this Kingdom was brought into apparent danger Seventhly That at the Prince his first coming to the said Earl in Spain he asked the Prince For what he came thither The Prince at first not conceiving the Earls meaning answered You know as well as I. The Earl replyed Sir Give me leave to tell you they say here in Madrid that you mean to change your Religion and added further Sir I do not speak this that I will perswade you to it or that I will promise to follow your example though you do it but as your faithful servant if you will trust me with so great a secret I will endeavour to carry it in the secretest way I can At which the Prince being moved said unto him I wonder what yoâ— have ever found in me that you should conceive I would be so base as for a wife to change
obtain them to his own use the summe of 3000 l. and did also procure for the said Surrender from the late King an Annuity of 1000 l. per annum payable to the said Earl for which considerations the said Earl surrendred the said Office with his Letters Patents unto the late King who granted them to the said Duke for his life which is an Offence contrary to the Laws and Statutes of this Realm those Offices so highly concerning the Administration and execution of Justice That the Earl of Nottingham then Lâ—rd Admiral being grown much in years and finding himself not so fit nor able to perform what appertained to his place as formerly became an earnest sutor to his late Majesty to permit him to surrender up his Office who at length being overcome by the Earls many solicitations condescended thereunto and his late Majesty at the entreaty of others without the Dukes privity was also perswaded to confer it upon the Duke much against his will he being no way experienced in those Affairs so that the Earl did freely surrender and the Duke aecept the grant of the said Office without any the least contract or proviso But true it is that his late Majesty out of his Royall Bounty did grant to the said Earl a Pension of 1000 l. per annum as a Recompence for his former service to the Crown and also the Duke himself did freely and voluntarily with his late Majesties approbation as an Argument of his honorable respects to so Noble a Predecessor send the Earl three thousand pounds which he hopeth is not blame worthy in him III. Reply 3. That he the said Duke in the 22. year of the late King did give and pay unto Edward Lord Zouch for the Offices of the Lord Warden of the Cinque-Ports and Constable of Dover Castle the sum of one thousand pounds and granted also an Annuity of 500 l. per annum during his life and that for the consideration aforesaid the said L. Zouch did surrender his Offices and Letters Patents to the late King who granted them to the said Duke for his life which Offices so highly concerning the Administration of Justice the Duke hath ever since held against the Laws of the Land That the Lord Zouch being grown in years and unfit to manage the Office of the Warden of the Cinque-Ports and Constable of Dover Castle which are indeed both but one discovered a willingness to surrender it and made severall Offers thereof to the Duke of Richmond who at last contracted with the said Lord Zouch for his surrender for the consideration of 1000 l. in money and 500â— l. per annum and the said Duke of Richmond being prevented by death his late Majesty directed the Duke of Buckingham to go through with the Lord Zouch for it upon the same terms which he was the willinger to do by reason he had found by experience that the Kings service suffered much through the emulation disaffectiâ—n and contention arising between those two Officers and he hopeth this act of his in acquiring this Office accompanied with such circumstances the King also being both privy and directing it will receive a favorable construction especially considering he was altogether unacquainted with any law tâ— the contrary IV. Reply 4. That he hath neglected the just execution of those his offices and violated the Trust reposed in and committed to him by them insomuch as through his neglect the trade of this Kingdome hath been of late much decayed and the Seas ignominiously infested with Pirates and Enemies to the great loss of both ships and Goods and imminent danger of this Kingdom That the loss happening to the Kings Subjects by Pirats and Enemies hath not proceeded through the Dukes default as is suggested but because those Pirats ships are built of a mould as fit for flight as for fight being far too nimble for the Kings Ships To prevent which inconvenience for the time to come there is present order taken for the building of Ships of the same shape with those of Dunkirk and for the Pirats of Sally that provision is taken either to restrain by Treaty or to repress them by force as will give good satisfaction and this will clearly appear upon proof V. Reply 5. That whereas about Michaelmas last a Ship called the St. Peter of New-haven laden with divers Merchants Jewels and Commodities to the value of 40000 l. or thereabout for the proper account of Monsieur de Villeurs then Governour of New-Haven was taken by the Ships of his Majesties late Fleet and brought into the Port of Plymouth as a Prize upon probability that the said Ship or Goods belonged to the Subjects of the King of Spain whereupon there was an arrest of two English ships at New-haven in the Kingdome of France after which intimation was given to the Advocate in the chief Court of Admiralty from his Majesty by Secretary Coke for the freeing and discharge of the said ship and goods and thereupon by Commission under Seal the said Ship and goods were released The said Duke notwithstanding any such order and decree detained still to his own use the Gold Silver Pearls Jewels and other Commodities so taken out of the said Ship and unjustly caused the said Ship to be arrested again in contempt of the Laws of this Land and to the prejudice of Trade That Complaint being made on the behalf of some French men at the Councel Table concerning the Saint Peter and some other ships His Majesty then present did order that she and all other stould be released as were found to belong to any Prince or State in amity with him provided they were not fraâ—dulently coloured And accordingly this ship was by Sentence in the Admiralty discharged But within few daies after new information came to the Lord Admiral that this ship was laden by the Subjects of the King of Spain in Spain that the Amirantesio wafâ—ed her beyond the North Cape and that Witnesses were ready to attest as much upon which the Duke acquainted his Majesty therewith and by his command made stay of this ship as he was assured by the opinion of the King and five other Advocates he might do and command was given to the Kings Advocate to hasten the examination of Witnesses in pursuance of the new information But the French Merchants impatient of delaies which the producing many witnesses would occasion complained again to the Council-board and obtained an Order from thence for the delivery of the said Ship and goods upon security which Security was once offered but after retracted yet upon consideration of the testimonies produced the Kings Advocate informing the Duke that the proof came short for that Ship the D. did instantly give order for her final discharge and that all her goods should be re-imbarked to the Owners which was done accordingly VI. Reply 6. That the East-India Merchants in the 21. of the late Kings Reign preparing to set forth four great
Ships richly laden in their usual course of Trade the Duke moved the Lords then assembled in Parliament to know whether he should make stay of those Ships for the Service of the State which motion being approved by the Lords the Duke accordingly did stay those ships and after procured a joynt Action to be entred in the Court of Admiralty in the name of the late King and himself as Lord Admirall against 15000 lib. pretended to be Pyratically taken by some Captains of the said Merchants ships and in the hands of the said Captains and accordingly an Attachment was served upon the said Merchants Whereupon the said Merchants being urged to bring in the 15000 lib. or to go to Prison made new suit to the Duke for the release of their ships who pretending that the Parliament must be moved therein the Merchants much perplexed and considering that they should lose much by unlading their ships and the losse of their voyage resolved to tender to the said Duke ten thousand pounds for his unjust demand who by colour of his Office extorted and exacted from them the said ten thousand pounds and upon receipt thereof and not before released the said ships That the motion in Parliament about the stay of the East-India ships was onely upon apprehension that they might be serviceable for the defence of the Realm That the Action entred in the Court of Admiralty against the East-India Company was not after as is suggested but divers moneths before that motion in Parliament yea before the Parliament began That the composition mentioned in this Article was not moved by the Duke but made by the late King and that the Company without any menaces or compulsion agreed to the Composition as willing to give so much rather then to abide the hazzard of the suit That of the said sum all but two hundred pounds was imployed by his late Majesties Officers for the benefit of the Navie And lastly that those ships were not discharged upon payment of the said sum of ten thousand pounds but upon an accommodation allowed that they should prepare other ships for his Majesties service whilest they went on their Voyage which accordingly they did VII Reply 7. That the Duke being great Admirall of England did by colour of the said Office procure one of the principall ships of the Navy-Royal called the Vant-guard and six other Merchants ships of great burthen to be conveyed over with all their Ordnance Ammunition and apparel into the Kingdom of France and did compell the said Masters and Owners of the said ships to deliver the said ships into the possession and command of the French King and his Ministers without either sufficient security for their redelivery or necessary caution in that behalf contrary to the duty of his Office and to the apparent weakening of the Navall strength of this Kingdom That those Ships were lent to the French King without his privity that when he knew thereof he did what appertained to his Office That he did not by menace nor any undue practice by himself or any other deliver those ships into the hands of the French that what errour hath since happened was not in the intention any way injurious to the State nor prejudicial to the interest of any private man VIII Reply 8. That the Duke knowing the said ships were intended to be imployed against the Rochellers and the Protestants else-where did compel them as aforesaid to be delivered unto the said French King and his Ministers to the end that they might be imployed against those of the Reformed Religion as accordingly they were to the prejudice of the said Religion contrary to the intention of our Soveraigne Lord the King and to his former promise at Oxford and to the great scandal of our Nation That understanding a discovery that those ships should be imployed against Rochel he endevoured to divert the course of such imployment and whereas it is alledged that he promised at Oxford that those ships should not be so imployed he under favour saith he was mis-understood for he onely said that the event would shew it being confident in the promises of the French King and that he would have really performed what was agreed upon IX Reply 9. That he hath enforced some who were rich though unwilling to purchase honours as the Lord Roberts Baron of Trure who was by menaces wrought to pay the summe of Ten thousand pounds to the said Duke and to his use for his said Barony He denyeth any such compulsion of the Lord Roberts to buy his honour and that he can prove that as the said Lord did then obtain it by the solicitations of others so was he willing formerly to have given a great sum for it X. Reply 10. That in the 18. year of the late King he did procure of the late King the Office of High Treasurer of England to the Viscount Mandevil now Earl of Manchester for which Office he received of the said Viâ—count to his own use the sum of 20000 l. of money and also did procure in the 20. year of the late King the Office of Master of the Wards and Liveries for Sir Lionel Cranfield afterward Earl of Middlesex and as a reward for the said procurement he had to his own use of the said Sir Lionel Cranfield the sum of 6000 l. contrary to the dignity of his late Majesty That he had not nor did receive any penny of the said sums to his own use that the Lord Mandevil was made Lord Treasurer by his late Majesty without any Contract for it and though his Majesty did after borrow of the said Lord 20000. pounds yet was it upon proviso of repayment for which the Duke at first past his word and after entred him security by Land which stood ingaged untill his late Majesty during the Dukes being in Spain gave the Lord satisfaction by Land in Fee-farm of a considerable value whereupon the Dukes security was returned back And that the 6000 l. disbursed by the Earl of Middlesex was bestowed upon Sir Henry Mildmay by his late Majesty without the Dukes privity who had and enjoyed it all entire XI Reply 11. That he hath procured divers Honours for his kindred and Allies to the prejudice of the antient Nobility and disabling the Crown from rewarding extraordinary virtues in future times That he believeth he were rather worthily to be condemned in the opinion of all generous minds if being in such favour with his Majesty he had minded only his own advancement and had neglected those whom the Law of Nature had obliged him to hold most dear XII Reply 12. That he procured and obtained of the late King divers Mannors parcels of the Revenues of the Crown to an exceeding greâ—â— value and hath received and â—o his own use disbursed great sums of money that did properly belong unto the late King and the better to colour his doings hath obtained severall privie Seals from
est mala cujus finis est bonus contrary to Saint Paul Non est faciendum malum ut bonum inde eveniat And because the major part of that ignorant infatuated Nation remained as yet intangled in that Errour that these were the seven Articles of Pacification and burnt by the Hangman as the Ministery thundered out of their Pulpits to make the King odious I conceive it very necessary for the undeceiving of the Multitude and satisfying the most curious to set down verbatim his Majesties Proclamation there anent which is now rarely to be found for the Scots endeavour to suppress such Truths A Proclamation publishing an Act of State and his Majesties Command concerning a scandalous Paper lately dispersed amongst many of his Subjects WHereas a Paper containing many Falshoods and tending much to the dishonour of his Majesties late Proceedings in the Pacification given to his Subjects of Scotland hath been dispersed in divers parts of this Kingdom whereupon an Act of Council hath been made in these words ensuing viz. On Sunday the fourth of August sixteen hundred thirty nine his Majesty being in Council was pleased to acquaint the Lords with a Paper which he had seen in Barwick intituled Some Conditions of his Majesties Treaty with his Subjects of Scotland before the English Nobility are set down here for remembrance Which Paper being in most parts full of falshood dishonour and scandal to his Majesties Proceedings in the late Pacification given of his Princely grace and goodness to his Subjects of Scotland hath been very frequently spread here in England and avowed in Scotland by some to have been approved and allowed as Truth by somâ— of these Lords in England who attended his Majesty and were present at the Pacification in the Camp Whereupon the Paper having been read and his Majesty commanding these English Lords to declare their knowledg thereof The Earl Marshal first began to put his Majesty in remembrance that some few days after the Pacification was concluded some of the Scotâ— Lords coming to the Chamberlain's Tent sent to speak with him and the Earl of Holland and offered them a certain Paper which they pretended to have been collected for the help of their memories and not otherwise nor to be published but the said English Lords very dutifully and discreetly refused to accept of that or any such Paper but referred themselves totally to the Articles of Pacification in writing and the said Earl Marshal further declared that now upon the reading he for his part held the said Paper for the most part false and scandalous and no way agreeable to what his Majesty expressed at the Pacification Next the Lord Chamberlain declared that being ready to take horse and a number of his Friends about him taking their leave the Lord Loudon pressed him with much importunity to receive a Paper which he took not knowing what it contained but at night when he came to his Lodging doubting it might be some such Paper as was formerly offered and was refused took it without reading of it and sealed it up and so kept it untill he presented it to his Majesty at White-hall professing that till that time he had never read any one word of it nor seen any other Copy thereof which Paper being that which had been divulged was the very same which his Majesty commanded to be read at the Board The Earl of Salisbury likewise desired to justifie himself of a particular Scandal laid upon him that he had received and brought Copies of this Paper from the North which he declared could not be because he was come away from the Camp before that Paper was offered and had never seen it nor any Copy thereof before his Majesties return to Theobalds After this the Lord Chamberlain the Earls of Salisbury Holland and Berkshire concurred with the Earl Marshal that the Contents of that Paper were for the most part notoriously scandalous false and contrary to what his Majesty clearly expressed at the Pacification His Majesty likewise declared that before his coming from Berwick he shewed a Copy of this scandalous Paper to the Earl of Lindsey the Earl of Holland Mr. Treasurer Dorine and Secretary Cook who fully concurred in the foresaid opinion with the other Lords all which Lords and particularly the Earl of Holland avowed the falsness thereof to the faces of these Scots Lords who were believed to be the divulgers thereof the Lords of the Council of Scotland being there likewise present All which considered the whole Board unanimously became humble Petitioners to his Majesty that this false and scandalous Paper might be publickly burnt by the Hangman and that his Majesties pleasure might be published by Proclamation that no person or persons hereafter of what Degree or Condition soever presume to keep any Copy thereof but that within ten days after the said Proclamation published every such person and persons shall deliver to the next Iustice of Peace all and every Copies thereof the same to be immediately sent to one of the principal Secretaries upon peril of such punishment as the Law inflicts upon such as keep up seditious Papers which was accordingly ordered and commanded to be entred into the Council-book as an Act of State His Majesty therefore by the advice of his Privy Council doth hereby publish the said Act of State unto all his loving Subjects to the end that being forewarned they may avoid the Danger which may ensue by the detaining or concealing any Copy or Transcript of the said Paper strictly charging and commanding all manner of persons what soever that they presume not to keep any Copy of the same according to this Act upon such Penalties as are done by Law And his Majesty is hereby graciously pleased to pardon and remit the offence of such persons as have had any Copy of the said Paper and shall deliver it up within ten Days after Publication hereof as aforesaid Given at our Palace of Westminster the eleventh of August 1639. How evident it is to all men how poorly these pacifying English Lords Commissioners came off Pembroke Salisbury Holland and Berkshire Sir Harry Vane senior and Secretary Cook all except honest Berkshire sided afterwards with the Covenanters against the King And when the King charged the Scots Commissioners with this Paper they made no Answer as not being within their Instructions but afterwards in their grand Declaration the State of Scotland makes this pitifull Answer or Excuse As we are most unwilling to fall upon any Question which may seem to import the least contradiction with his Majesty so if it had not been the trust which we gave to the Relation of our Commissioners who did report to us his Majesties gracious Expressions related daily to us at Dunce the place of their Camp and put into Notes by many of our Number which were a great deal more satisfactory to us than the written Declaration the same would not have been acceptable which
Covent-garden when a Messenger coming to him from his Majesty he answered that he was then as he saw imployed in Gods service which as soon as he had done he would attend upon the King to understand his pleasure But the King spending the whole After-noon in the serious debate of the Earl of Strafford's case with the Lords of the Council and the Iudges of the Land he could not before Evening be admitted to his Majesties presence when the Question was again agitated Whether the King in justice might pass the Bill of Attainder against the Earl of Strafford For that he might shew mercy to him was no question at all no man doubting but that the King without any scruple of conscience might have granted him pardon if other reasons of State in which the Bishops were neither made Iudges nor Advisers did not hinder him the whole result therefore of the determination of the Bishops was to this effect That herein the Matter of Fact and the Matter of Law were to be distinguished that of the Fact he himself might make a Iudgment having been present at all the proceedings against the said Lord where if upon the hearing of the allegations on either side he did not coâ—ceive him guilty of the crime wherewith he was charged he could not in justice condemn him But for the Matter of Law what was Treason and what was not he was to rest in the Opinion of the Iudges whose office it was to declare the Law and who were sworn therein to carry themselves indifferently betwixt him and his Subjects which gave his Majesty occasion to complain of the bad dealing of the Iudges with him not long before that having earnestly pressed them to declare in particular what point of the Earls charge they adjudged to be Treason for as much as upon the hearing of the proof produced he might in his conscience perhaps finde him guiltless of that Fact he could not by any means draw them to name any particular but that upon the whole matter Treason might justly be charged upon him And in the second Meeting at night it was observed that the Bishop of London spake nothing at all and the Bishop of Lincoln not onely spake but sent a Writing into the Kings hands wherein what was contained the rest of his Brethren knew not So much writes the Arch-bishop Some of these passages are dispersed in the Observatour observed but not credited by the Authour of the Observatour rescued receiving it onely upon the Historians bare affirmation but by this Testimony it may be hoped he will be of more moderation notwithstanding he hath there shewn much disaffection to the Primate in endeavouring to his utmost to evade divers of those particulars either in giving the worst sense of them or turning them to other ends wherein he doth not onely obscurely fall upon this reverend Primate but injuriously detracts from a very worthy man Doctour Potter Bishop of Carlile and that after his death Dr. Cosens hath given him a better Example who heaâ—ing in France of the Primate's Funeral and what had been then said of this subject writes thus to his Friend I am glad to hear my Lord of Armagh was carried with so much honour to his Grave who yet deserved far more than was given him I never believed that he perswaded the King to put the Deputy of Ireland to death for he satisfied me against the common Report in that matter long since himself the world will hereafter know who it was c. Neither do I finde any thing in the late Kings Book in that Meditation as followeth concerning the Earl of Strafford that hath any such necessary inference that way either as to him or any of his Profession And for the note put upon the person to be one that had been harrased and crushed by the people I see not how it might be appliable to him his loss being by that Rebellion in Ireland and by the Parliament here he had an Allowance and had more esteem from â—â—em than others of his Profession What the Observatour took upon trust in some mistaken Notes given him of Doctour Bernard's Sermon concerning this subject â—â—er the spending some sharp language upon him he puts afterwards into Errata of Advertisements and Additions and so I pass it over So then thus far we may be satisfied There were but four Bishops at the first London Lincoln Durham and Carlile and at night five Bishops the Arch-bishop of Armagh making one the judgment of the Judges and the opinion of the Bishops formerly set down answer in effect to the controverted Disputes But it seems from all the Controversions to be thus concluded that the Kings former promise to save the Earl was at last and that absolutely the Kings desire to be satisfied therein whereupon say I the Bishop of Lincoln finding the Kings pulse to beat upon that string and knowing that four days before not that morning the Earl had writ a long Letter to the King concluding to solve his Majesty from that promise this Bishop Lincoln took upon him to tell the King that morning when Armagh was not present that if that were all he was confident that the Earl was so great a Lover of his Majesties peace and tender of his conscience and the Kingdoms safety as willingly to acquit the King of that promise To which the King gave a brow of anger as if thereby to be ensnared and so the four Bishops parted Upon this Lincoln in private speaks with the Lieutenant of the Tower or rather some other person who was at hand waiting the Kings pleasure and cunningly relates to him so much of the morning conference and the mâ—â—ner as might suit with his purpose that nothing stuck with his Majâ—sty but his promise to the Earl and that under his hand So then says he if when my Lord Strafford sendeth to you and asketh what is done concerning him you may acquaint him therewith I know the Earl of Strafford Lord Lieutenant of Ireland will disdain to hold his life upon no other merit but a bare promise and if all the service he hath done be not a stronger obligation than a few words he will I dare say to try the Kings affection soon acquit him of that promise And as the Devil and he would have it so it happened for the throbbing Prisoner inquisitive concerning his doom the Lieutenant or the other person told him that the King was satisfied of his guilt in Law and was onely bound up by his promise to your Lordship At which the Earl started up out of his Chair immediately calls for Pen and Paper Nay said he if that be all that bindes the King I shall soon release him and presently fell to writing say some that short Letter that same morning which the Historian pag. 257. minceth into a particle of the whole and begins â—â—at the last Paragraph in these words SIR To set your Majesty c. But I say otherwise
be evil because mine were good And having signed both these Bills the King sent Sir Dudley Carleton Secretary of State to the Earl to acquaint him what he had finished the necessity urging him so to do together with the Earls free consent and the return of his Paper-promise which ballanced all The Earl amazed seriously asked him whether his Majesty had passed the Bill as not believing without some astonishment that the King would have done it And being again assured that it was passed He arose from his Chair and standing up lift his eyes to Heaven clapt his hand upon his heart and said Put not your trust in Princes nor in the sons of men for in them there is no salvation I have been assured from him that heard the King speak it and others confirming that the Bishop of London did not disswade nor perswade the King in the passing of the Bill but wisely or cunningly said nothing at all Nor does it appear that any of the other Bishops Lincoln onely excepted did any way press the King to his death And for satisfaction of all the world that the Arch-bishop of Armagh did not urge his death but rather the contrary I was present when it was diâ—â—â—ursed by a person of honour and honesty one that in these times and in these particulars thus controverted would not be positive but in the truth And as willingly as necessarily he hath set it under his hand and ready to justifie it with his Oath and Honour in these words and so witnessed by those that were present That the late King being in the Garison of Oxford a publick rumour passed that the Arch-bishop of Armagh was then dead and so intimated to the King in his Bed-chamber who was pleased to resent the news with much sorrow and with very high expression of the Prelates remarkable piety and learning and so said all that were present in confidence of his great endowments of exemplary virtues Except Sir said one in his advice to your Majestie to the hasty resolution of the Lord Strafford's death To which the King in some passion replied It was false protesting with an Oath his innocencie therein and that after the Bill was passed said the King the Arch-bishop came to me with much regret and sorrow and that the Arch-bishop wept bitterly This as a great truth I am ready to aver says the Relator by my Oath and Honour as I do now under my hand this eighth day of May 1656. W. L. Hereupon having this under his hand and witness I urged the question with another person of like Honour who said that himself was present at that time relating the very same words in effect as the former and both of them I spake with apart many miles asunder and neither of them witting of the use which I now make thereof they mentioned each other to be present And this also is certified upon his Oath and Honour and under his hand also and witnesses G. K. And now we shall see what the Arch-bishop of Armagh hath been pleased to signifie as to the Observatours pag. 240. concerning the result of the Bishops That Sunday morning the five Bishops writes he for so many they were London being one of them were sent for by the King himself and not sent to him by the Houses of Parliament amongst whom the Bishop of Durham and Carlile were so far from depending wholly upon the judgment of the other two whom the Observatour accounts Politicians that they argued the case themselves as fully as did any other To the Argument of one of them the King also returned this Answer that his Syllogism was faulty because it had in it four terms And for that most uncharitable surmise writes he concerning the Arch-bishop of Armagh as if the displeasure he had conceived against the Lord Lieutenant were so great that it could not be satisfied but by the seeking of his very bloud It is hard to say whethâ—â—hat calumny be more malicious or ridiculous for both the ground of that conceited grudg is utterly false the Articles of Religion established in the Church of Ireland having been never abrogated by him or any other And in the ordering of this his the Earls last business there was no man with whom he held greater correspondency than with the Primate himself whereof this may be sufficient proof that as before his condemnation he did from time to time consult with him touching his answer to their present charge so also afterwards having obtained from the Parliament that the Primate might be sent unto him to prepare him for his death He chearfully imbraced his spiritual instructions prayed with him sent messages to the King by him and by no means would dispense with him for being absent from his Execution But taking him by the hand led him along to the Scaffold where with incomparable courage and as himself professed even then ready to lay hown his head without the least touch of any passion or fear he rendered up the spirit to him that gave it And as to the Historian's Paragraph pag. 263. l. 33. The Earl proceeding c. This Paragraph says the Arch-bishop is wholly to be left out for at his passing to the Scaffold there was a great silence amongst the people all of them universally commiserating his case in an extraordinary manner and with great passion lifting up their hands to heaven for him And to the Historian pag. 263. l. 38. The Earl being brought c. The Earl says the Arch-bishop being brought to the Scaffold his Chaplains prayed with him and himself remaining still upon his knee rehearsing with great reverence the five and twenty Psalm Afterwards arising he addrest his Speech unto the people to this effect after following But the occasion of the mistakes of the addressing of his Speech unto the Lords as the Historian hath My Lords It should be My Lord which the Earl used in the Singular Number turning himself to the Arch-bishop who stood by him as appears by the Pamphlet presently published concerning his suffering where the tenour of his Speech which he then used is to be taken as agreeing almost with the very syllable by him used and not as the Historian hath it for thus in truth it was My Lord Primate c. as hereafter in due place But to return to the tenth of May the King having the day before signed both Bills that of the continuation of the Parliament and this for the execution of the Earl and with one Pen of Ink and at one instant he sets his hand to the loss of himself and to the destruction of his faithfull and most able Counsellour and Servant The next day eleventh of May he being extremely troubled at what he had done concerning the Earl he vouchsafes to write to the Lords and sends this Letter by his Son the Prince of Wales My Lords I did yesterday satisfie the justice of the Kingdom by passing the Bill of Attainder
Father and Son Vaughan Windebank Greenvile Hide Morley Cole Riddell Ware Strongways Culpeper Floyd Esquires Endimion Porter Henry Jermin Jo. Bodevile David Jenkins Sir George Strode Sir Alexander Carew With twice so many Earls Lords Bishops Knights and Gentlemen of Scotland All Papists that have are or shall be in Arms against either Parliaments or of the Rebellion in Ireland Then are excepted all those of the then Parliament of Oxford and all such of Scotland that have assisted the King there All such as have deserted either Parliaments of both Kingdoms The Estates of such unpardonable to pay publick Debts The tenth part of all other Delinquents within the joint Declaration Then follows other Acts which the Parliaments shall mannage For arming the Kingdoms setling the Admiralties to name Commissioners That all Honours and Titles given since the great Seal went to the King viz. May 21. 1642. or hereafter to be made shall be null Not to vote in Parliaments and so for Scotland since June 4. 1644. The Governours of Ireland and the great Officers of both Kingdoms be nominated by the Parliaments of both Kingdoms The like for Scotland The Kings Children to be governed and married The Prince Elector to be restored Peace and War 〈◊〉 of Oblivion Armies disbanded All these as the Parliaments of both Kingdoms shall order Thus much in general Now for the City of London Acts for them Their Charters Customs Liberties to be confirmed notwithstanding any Non-user Mis-user or Abuser The Militia of London and the Liberties The Tower of London to be in the Mayor and Common-Council The Citizens not to be drawn out of London to any service The Acts of the Mayor and Common Council heretofore and hereafter to confirm as if by Act of Parliaments And these being granted they will endeavour that the King shall live in splendour c. 'T is true that all the Kings party were impatient for Peace which obliged the King to shew his real Intentions being assured that if he could come to a fair Treaty the chief of the Parliaments party could not hinder the Peace first because themselves are weary of the War and next because of their Distractions Presbyterians against Independents in Religion and General against General in point of Command Upon these grounds the most probable means for the King to procure a Treaty was to be used and the noise was therefore published of the Kings return to London the best Rhetorick to please the Popular that thereupon a Treaty would be procured or if refused it would bring most prejudice to the Parliament and advantage to the King for although he offered fair Propositions yet they were mixed with such Conditions as might not easily be admitted and so the Kings offer did but amaze the people into a milder opinion of his proceedings These Propositions for the present were neglected as unlimited yet the King imagined that in a Treaty Commissioners might Argue them into Reason and so returns the Messengers that he will send to the Houses which he did forthwith by this Letter CHARLES REX The Propositions presented to his Majesty being very long which contain matters in themselves of gâ—â—at weight and importance as being in great part in alteration of the frame of Government both in Church and State And the Messengers who presented them declaring that they have no power to treat or consent to any alteration it cannot be expected that his Majesty shall return a Present Particular and Positive Answer But as he hath from his soul alwaies desired the setling of 〈◊〉 〈◊〉 peace in this distracted Kingdom for that purpose hath from time to time tendred all possible Overtures in hope that all will work upon the hearts of all persons concerned That even this apprehension such as it is upon further thought and consideration may produce some good effect towards it to which his Majestie calls God to witness therein shall nothing be wanting on his part which is agreeable to Iustice Honour and Conscience and there shall all possible expedition be used in preparing his Majesties Answer yet â—e intends speedily to send by Messengers of his own and to that purpose that there may be no losse of time He desires safe conduct be speedily for the Duke of Richmond and the Earl of Southampton with their attendance to bring up his Majesties said Answer And his Majesty doth heartily wish that God may so deal with him and his as he endeavours all just and lawful waies to restore this poor Kingdom to a lasting and happy peace G. Digby Secretary Oxford 27. Novem. 1644. The Parliament excepts against this Letter as directed to No body the Parliament not so much as named therein And it was remembred that the Lord Digby by his Letters told them long since That the Foundation upon which the King did build all his designs was never to acknowledge this a Parliament and that if he receded from that Maxim the King would undoe himself and all those that have appeared for him Yet after long debate it was resolved that their General Essex do forthwith return a Letter to Prince Rupert who in the absence of the Lord Brainford appears the Kings Lieutenant General That if his Majesty shall send to the Parliament of England Assembled at Westmin and to the Commissioners of the Parliament of the Kingdom of Scotland they will with all readiness grant a safe conduct for the Duke of Richmond and the Earl of Southampton and treat with them according to his Majesties desire Which was so acknowledged by Prince Rupert in his Majesties Name and directed to the Earl of Essex and so they were received into Somerset House with this Order That no Member visit or speak or send any Message to either of them during their stay here And had audience of a Committee of twenty four Lords and twenty eight Commons and the Scotish Comissioners in the Painted Chamber which was in effect only That the King designed a Treaty and time speedily to be fixed and to be certified by those Messengers but they had Answer of both Houses that they would hasten and so required them to return back Upon the rumour of this intended Treaty and hereafter of a peace the King was assured that the Parliaments chief Articles would be to continue the Irish Wars Indeed this Article of Ireland was a tender point and the King resolved not only not to break the Cessation but to make peace with the Rebels to which end he had promised the Queen in France of some favours to the Catholicks of Ireland And expressely a little before the Treaty he writes to the Marquesse of Ormond That he is sorry to finde the sad condition of his particular fortune for which saies he I cannot finde so good and speedy remedy as the peace of Ireland and to redresse most necessary affairs here Wherefore I command you to dispatch it out of hand with this Addition to my former dispatch And for Poinings Act I
either by Treatie or Conquest the later of which his Majestie hopes none will have the impudencie or impietie to wish for And for the former if his personal assistance in it be not the most likely way let any reasonable man judg when by that means not onely all unnecessary Delaies will be removed but even the greatest Difficulties made easie And therefore he doth now again earnestly insist upon that Proposition expecting to have a better Answer upon mature consideration And can in be imagined that any Propositions will be so effectual being formed before a personal Treatie as such as are framed and propounded upon a full Debate on both sides Wherefore his Majestie who is most concerned in the good of his people and is most desirous to restore peace and happiness to his three Kingdoms doth again instantly desire an Answer to his said former Messages to which he hath hitherto received none Given at our Court at Oxon the four and twentieth of January 1645. To the Speaker of the House of Peers c. The King Prince and Rupert and Maurice were reconciled and all at Oxford extremely straitned for Provisions being blocked up but what Refreshments came at dear Rates he commands a Fast and Prayers to God directed to the Vice-chancellour and Heads of Houses in the Universitie of Oxford That Divine Service established by Law be read daily Morning and Evening as now it is in your respective Houses and also that upon Wednesdays and Fridays to meet four times each Day at Divine Service and so to continue during these sad Times and a general Fast each Friday from Food till five a clock after the Evening Service and this to be done now and hereafter according to the good Example of the Primitive Christians Edw. Nicholas But unhappily it fell out that now again the Parliament intercepted some Irish Letters and Papers in a manner the whole Transactions Copies between the King and the Irish Rebells Amongst many this Commission to Edward Lord Herbert Earl of Glamorgan to treat with the Irish Rebells CHARLS R. Charls by the grace of God c. To our trustie c. Edward Earl of Glamorgan We reposing great and especial trust and confidence in your approved wisdom and fidelitie do by these as firmly as under our great Seal to all intents and purposes authorize and give you power to treat and conclude with the confederate Roman Catholicks in our Kingdom of Ireland if upon necessitie any thing be condiscended unto wherein our Lieutenant cannot so well be seen in as not fit for us for the present publickly to own therefore we charge you to proceed according to this our Warrant with all possible secrecie and whatsoever you shall engage your self upon such valuable considerations as you in your judgment shall deem fit We promise in the word of a King and Christian to ratifie and perform the same of that which shall be granted by you and under your Hand and Seal The said confederate Catholicks having by their Supplies testified their zeal to our Service And this shall be in each particular to you a sufficient Warrant Given at our Court at Oxon the twelfth of May 20 Car. This Commission being but a Paper Copy and so hinted to the King he was pleased to pass it over as no sufficient ground to put him to the acknowledgment thereof yet it became him to excuse the effects of Glamorgan's Negotiations with the Irish which it seems were so averse from Ormond's Instructions as the Kings Lieutenant that Glamorgan was there committed by him and the Council And how to piece up these passages from censure he is pleased to frame a Declaration and sends it to the Parliament by Message Ian. 29. CHARLS R. His Majestie having received Information from the Lord Lieutenant and Council in Ireland That the Earl of Glamorgan hath without his or their directions or privitie entred into a Treatie with some Commissioners on the Roman Catholick partie there and also drawn up and agreed unto certain Articles with the said Commissioners highly derogatorie to his Majesties Honour and Royal Dignitie and most prejudicial unto the Protestant Religion and Church there in Ireland whereupon the said Earl of Glamorgan is arrested upon suspition of high Treason and imprisoned by the said Lord Lieutenant and Council at the instance and by the impeachment of the Lord Digby who by reason of his Place and former Imploiment in these affairs doth best know how contrarie that Proceeding of the said Earl hath been to his Majesties Intentions and Directions and what great prejudice it might bring to his affairs if those Proceedings of the Earl of Glamorgan should be any waies understood to have been done by the Directions liking or approbation of his Majestie His Majestie having in his former Messages for a personal Treatie offered to give contentment to his two Houses in the business of Ireland hath now thought fitting the better to shew his clear Intentions and to give satisfaction to his said Houses of Parliament and the rest of his Subjects in all his Kingdoms to send this Declaration to his said Houses containing the whole truth of the business which is That the Earl of Glamorgan having made offer unto him to raise Forces in the Kingdom of Ireland and to conduct them into England for his Majesties Service had a Commission to that purpose and to that purpose onely That he had no Commission at all to treat of any thing else without the privitie and directions of the Lord Lieutenant much less to capitulate any thing concerning Religion or any proprietie belonging either to Church or Laitie That it clearly appears by the Lord Lieutenants Proceedings with the said Earl that he had no notice at all of what the said Earl had treated and pretended to have capitulated with the Irish untill by accident it came to his knowledg And his Majestie doth protest That untill such time as he had advertisement that the person of the said Earl of Glamorgan was arrested and restrained as is abovesaid he never heard nor had any kinde of notice that the said Earl had entred into any kinde of Treatie or Capitulation with those Irish Comissioners much less that he had concluded or signed those Articles so destructive both to Church and State and so repugnant to his Majesties publick Professions and known Resolutions And for the further vindication of his Majesties Honor and Integritie herein he doth declare That he is so far from considering any thing contained in those Papers or Writings fraâ—ed by the said Earl and those Commissioners with whom he treated as he doth absolutely disavow him therein and hath given commandment to the Lord Lieutenant and the Council there to proceed against the said Earl as one who either out of falsness presumption or follie hath so hazarded the blemishing of his Majesties Reputaion with his good Subjects and so impertinently framed those Articles of hisown head without the consent
all retired to Bugden where he lived very Hospitably and in manner and order of the good Bishops not without an eye and ear over him of such as were Intelligencers of Court And at Westminster Hall the Ceremony begun towards the Abbey Church in order thus 1. The Aldermen of London by couples ushered by an Herauld 2. Eighty Knights of the Bath in their Robes each one having an Esquire to support and a Page to attend him 3. The Kings Serjeants at Law Solicitor Atturney Masters of Request and Iudges 4. Privy Councellors that were Knights and the chief Officers of the Kings Houshold 5. Barons of the Kingdome bare-headed in their Parliament Robes with Swords by their sides 6. The Bishops with Scarlet Gowns and Lawn sleeves bare-headed 7. The Vice-Counts and Earls not in their Parliament but in their Coronation Robes with coronetted Caps on their Heads 8. The Officers of State for the day whereof these are the Principal Sir Richard Winn Sir George Goring The Lord Privy Seal The Archbishop of Canterbury The Earl of Dorset carrying the first Sword The Earl of Essex carrying the second Sword The Earl of Kent carrying the third Sword The Earl of Mountgomery carrying the Spurs The Earl of Sussex carrying the Globe and Cross upon it The Bishop of London carrying the Golden Cup for the Communion The Bishop of Winchester carrying the Golden Plate for the Communion The Earl of Rutland carrying the Scepter The Marquess Hamilton carrying the Sword of State naked The Earl of Pembroke carrying the Crown The Lord Maior in a Crimson Velvet Gown carried a Short Scepter before the King amongst the Serjeants The Earl of Arundel as Earl Marshall of England and the Duke of Buckingham as Lord High Constable of England for that day went next before his Majesty The King entred at the West Gate of the Church under a rich Canopy carried by the Barons of the Cinque Ports His own Person supported by Doctor Neil Bishop of Durham on the one hand and Doctorâ— Lake Bishop of Bath and Wells on the other His train six yards long of Purpleâ—Velvet held up by the Lord Compton Master of the Robes and the Lord Viscount Doncaster Master of the Wardrobe Here he was met by the Prebends of Westminster Bishop Lawd supplying the Deans Place in their rich Copes who delivered into the Kings hands the Staff of King Edward the Confessor with which he walked up to the Throne Which was framed from the Quire to the Altar the King mounted upon it none under the degree of a Baron standing therein save only the Prebends of Westminster who attended on the Altar Three Chairs for the King in several places first of Repose the second the antient Chair of Coronation and the third placed on an high square of five steps ascent being the Chair of State All settled and reposed the Arch-bishop of Canterbury presented his Majesty to the Lords and Commons East West North and South asking them if they did consent to the Coronation of K. Charles their lawful Soveraign The King in the mean time presented himself bareheaded the consent being given four times with great acclamation the King took his Chair of Repose The Sermon being done the Arch-Bishop invested in a rich Cope goeth to the King kneeling upon Cushions at the Communion Table and askes his willingness to take the Oath usually taken by his Predecessors The King is willing ariseth and goeth to the Altar and is interrogated and thus answereth Coronation Oath Sir Sayes the Arch-bishop will you grant and keep and by your Oath confirm to the People of England the Laws and Customes to them granted by the Kings of England your lawful and Religious Predecessours and namely the Laws Customs and Franchises granted to the Clergy by the glorious King St. Edward your Predecessor according to the Lawes of God the true profession of the Gospel established in this Kingdome agreeable to the Prerogative of the Kings thereof and the antient Customes of the Realm The Kings answer I grant and promise to keep them Sir Will you keep Peace and Godly agreement according to your power both to God the holy Church the Clergy and the people I will keep it Sir Will you to your power cause Law Iustice and discretion to mercy and truth to be executed to your Iudgement I will Sir will you grant to hold and keep the Laws and Rightfull Customes which the Comminalty of this your Kingdome have and will you defend and uphold them to the honour of God so much as in you lieth I grant and promise so to do Then one of the Bishops read this Admonition to the King before the people with a lowd voice Our Lord and King wee beseech you to pardon and to grant and to preserve unto Vs and to the Churches committed to your charge all Canonical privileges and do Law and Iustice and that you would protect and defend Vs as every good King to his Kingdomes ought to be Protector and Defendor of the Bishops and the Churches under their Government The King answereth With a willing and devout heart I promise and grant my Pardon and that I will preserve and maintain to you and the Churches committed to your charge all Canonical privileges and due Law and Iustice and that I will be your Protector and Defender to my Power by the Assistance of God as every good King in his Kingdom in right ought to protect and defend the Bishops and Churches under their Government Then the King ariseth and is led to the Communion Table where he makes a solemn Oath in sight of all the people to observe the premisses and laying his hand upon the Bible saith The Oath The things which I have here promised I shall perform and keep So help me God and the Contents of this Book Then were his Robes taken off and were offered at the Altar He stood a while stripped to his Doublet and Hose of White Sattin Then led by the Arch Bishop and Doctor Lawd the Bishopâ—of St. Davids he was placed in the Chair of Coronation a Close Canopy spread over him the Arch-bishop anointing his Head Shoulders Arms and Hands with a costly ointment the Quire singing an Anthem of these words Zadook the Priest anointed King Solomon Hence he was led up in his Doublet and Hose with a White Coife on his head to the Communion Table where the Bishop of St. Davids Deputy for the Dean brought forth the antient Abiliments of King Edward the Confessor and put them upon him Then brought back to the Chair of Coronation he received the Crown of King Edward presented by the Bishop of Saint Davids and put on his Head by the Archâ— Bishop of Canterbury the Quire singing an Anthem Thou shalt put a Crown of pure Gold upon his head whereupon the Earls and Viscounts put on their Crimson Velvet Caps with Coronets about them the
remember my Father moved by your counsel and won by your perswasions brake the Treaties in these perswasions I was your instrument towards him and I was glad to be instrumental in any thing which might please the whole body of the Realm nor was there any then in greater favour with you then this man whom you now so traduce And now whâ—n you finde me so sure intangled in war as I have no honourable and safe retreat you make my necessity your priviledge and set what rate you please upon your supplies a practise not very obliging towards Kings Mr. Coke told you it was better to dye by a foreign enemy then to be destroyed at home Indeed I think it is more honourable for a King to be invaded and almost destroyed by a foreign enemy then to be despised at home This was sharp and sowre yet the Câ—mmons kept close to their custom and reply with a Remonstrance That with extream joy and comfort they acknowledge the favour of his Majesties most gracious expressions of affection to his people and this present Parliament That concerning Mr. Coke true it is he let fall some few words which might admit an ill construction and that the House was displeased therewith as they declared by a general check and though Mr. Coke's explanation of his minde more cleerly did somewhat abate the offence of the House yet were they resolved to take it into further consideration and so have done the effect whereof had appeared ere this had they not been interrupted by this his Majesties message and the like interruption â—efel them also in the businesse of Doctor Turner As concerning the examination of the Letters of his Secretary of State as also of his Majesties own and searching the Signet Office and other Records they had done nothing therein not warranted by the precedents of former Parliaments upon the like occasions That concerning the Duke they did humbly beseech his Majesty to be informed that it hath been the constant and undoubted usage of Parliaments to question and complain of any person of what degree soever and what they should do in relation to him they little doubted but it should redound to the honour of the Crown and safety of the Kingdom Lastly As to the matter of supply That if addition may be made of other things importing his service then in consultation amâ—ngst them they were resolved so to supply him as might evidence the truth of their intentions might make him safe at home and formidable abroad The King tired with pro and con Petitions Answers Speeches Remonstrances was resolved to reply to them in brief That he would have them in the first place to consult matters of the greatest moment and that they should have time enough for other things hereafter But their designes were otherwise and the Important business to them was an Inquisition against the Duke and Incourâ—gement to the Parliament to any Informations The Earl of Bristow being excluded the House petitions them to prefer his Accusation which was soon admitted whom the Duke necessarily incounters and begins the charge against him But it is some Scandal to vertue to say that many good men were passing jocund at the contest Indeed the Lower Members might make it their mirth to finde the Upper Ones so malitious and imprudent to persecute each other being a presage of ruine by degrees and time to them all when as the policy of the Commons would not suffer one of theirs to be questioned till themselves considered of their Crimes which kept them close together Imboldned thus to preserve themselves to the last But the Duke ptocures the King by his Attorny Generall to summon Bristow to the Lords Bar as a grand Delinquent and to his face accuses him of High-Treason To which he Answers That he was a fâ—ee man and a Peer unattainted and had somewhat to say of high consequence Being bid to proceed Then saith he I accuse that man the Duke of Buckingham of High Treason and will prove it And forthwith produceth twelve Articles of his Charge May the second 1 That the Duke did secretly conspire with the Conde of Gondamâ—r Ambassador of Spain before the said Ambassadors last return into Spain 1622. to carry his Majesty then Prince into Spain to the end he might be enforced and instanced in the Romish Religion and thereby have perverted the Prince and subverted the true Religion established in England 2. That Mr. Porter was made acquainted therewith and sent into Spain and such message framed at his return as might serve for a ground to set on foot the conspiracy which was done accordingly and thereby both King and Prince highly abused 3. The Duke at his arrival in Spain nourished the Spanish Ministers not onely in the beleef of his own being Popishly given by absenting himself from all exercises of our Religion then constantly used in the Earl of Bristows house and conforming himself to please the Spainard by kneeling to and adoring their Sacraments but gave them hope also of the Princes conversion which caused them to propound worse conditions for Religion then had been formerly setled and signed by the Earl of Bristow and Sr. Walter Aston 4. That the Duke did many times in the presence of the Earl of Bristow move his Majesty at the instance of the Conde of Gondamar to write a letter to the Pope which the Earl utterly disswaded and that although during the Earls abode in England he hindred the writing any such letter yet the Duke after the Earls return procured it wrot 5. That the Pope being informed of the Dukes inclination in point of Religion sent him a particular Bull in parchment therein perswading him to pervert his Majesty 6. That the Duke in Spain did abuse the King of Spain and his Ministers so as they would not admit of a Reconciliation with him whereupon seeing the match would be to his disadvantage he endeavoured to break it not for any service to this Kingdom nor dislike of it in it sâ—lf nor for that he found as since he hath pretended thâ—t the Spaniard did not really intend it but out of his particular end and indignation 7. That he intending to cross the match made use of Letters of his Majesty then private to his own ends and not to what they were intended as also concealed many things of great importance from his late Majesty thereby overthrowing his Majesties purposes and advancing his own ends 8. That for the foresaid ends he hath abused both Houses of Parliament by a sinister relation of the carriage of affairs as shall be made appear in every particular of that relation 9 That he imployed his power with the King of Spain for the procurement of favours and offices which he bestowed upon unworthy persons for the recompence and hire of his lust which is a great infamy and dishonour to our Nation that a Duke a privy Counsellor and Ambassador eminent in his Majesties favour and
my Religion The Earl replying desired the Prince to pardon him if he had offended him saying It was but out of his desire to serve him Whereas it had been the duty of a faithful servant to God and his Master to have disswaded the Prince from it had he found him staggering in his Religion Eighthly That he afterward having Conference with the Prince about the Romish Religion trayterously endeavoured to perswade him to turn Romish Catholique using an Argument to that end That the State of England never did nor could possibly do any great thing but when obedient to the Pope of Rome Ninthly That during the time aforesaid the Prince advising with the Earl about a new Offer by the King of Spain That the Prince Palatine should marry the Emperours Daughter â—e brought up in his Court and so should be restored to the Palatinate The Earl said It was a reasonable Proposition And when the danger of changing his Religion was objected the Earl replyed That without some such great Act the peace of Christendom could never be procured Tenthly That the Prince departing from Spain and leaving the Powers of Disposorios with the said Earl to be delivered upon the return of his Dispensation from Rome the Prince fearing lest after the Dispensation the Infanta might be put into a Monastery wrote a Letter back to the Earl commanding him not to make use of those Powers untill he could give him assurance that a Monastery should not rob him of his Wife which Letter the Earl receiving returned an answer disswading that Direction Shortly after which the Prince sent another Letter discharging him of his former Command But his late Majesty by the same Messenger sent him a more express Direction Not to deliver the Disposorios until a full conclusion had concerning the Palatinate adding this expression That he would never joy to marry his Son and to leave his onely Daughter weeping In which Dispatch though there was some mistake yet in the next following it was corrected and the Earl tied to his former Restrictions which he promised punctually to observe Neverthelesse contrary to his Duty and Allegiance he after set a day for the Disposorios without any assurance or so much as treating of those things to which he was restrained and that so short a day that if extraordinary diligence with good successe in the Journey had not concurred the Princes hands might have been bound up and yet he never sure of a Wife nor the Prince Palatine of Restitution Lastly That in an high an contemptuous manner he hath preferred a scandalous Petition to this Honourable House to the dishonour of the late King and his now Majesty especially one Article of that Petition wherein he gives his now Majesty the Lye by denying and offering to falsifie what his Majesty had affirmed There needs no strain of partiality to implead the difference of these charges assuredly if the Earls charge against the Duke could have served the turn It might have spared the Commons Impeachment the other comming far short of the designe which was to do it to the purpose And therefore This weighty Cause was managed by six Members Mr. Glanvil Mr. Herbert Ma. Selden Mr. Pim Mr. Wans ford Mr. Sherland to them was added Sr. Dudly Diggs as Prolocutor and Sr. Iohn Elliot brought up the Rear And so though the matter of the Prologue may be spared being made up with Elegancy yet rather then it shall be lost you may please to read it at this length My Lords THere are so many things of great importance to be said in very little time this day that I conceive it will not be unacceptable to your Lordships if setting by all Rhetorical affectations I onely in plain Country language humbly pray your Lordships favour to include many excuses necessary to my manifold infirmities in this one word I am commanded by the Knights Citizens and Burgesses of the Commons house to present unto your Lordships their most affectionate thanks for your ready condescending to this Conference which out of confidence in your great wisdoms and approved Justice for the service of his Majesty and the welfare of this Realm they desired upâ—â— this occasion The House of Commons by a fatal and universal concurrence of complaints from all the Sea-bordering parts of this Kingdom did find a great and griâ—vous interruption and stop of Trade and Traffique The base Pirats of Sally ignominiously infesting our Coasts taking our ships and goods and leading away the Subjects of this Kingdom into barbarous Captivity while to our shame and hinderance of Commerce our enemies did as it were besiege our Ports and block up our best Rivers mouths 〈◊〉 Friends on flight pretences made embargoes of our Merchants goods and every Nation upon the least occasion was ready to contemn and slight us So great was the apparent diminution of the ancient honour of this Crown and once strong reputation of our Nation Wherewith the Commons were more troubled calling to remembrance how formerly in France in Spain in Holland and every where by Sea and Land the Valours of this Kingdom had been better valued and even in latter times within remembrance when we had no Alliance with France none in Denmark none in Germany no Friend in Italy Scotland to say no more ununited Ireland not setled in peace and much less security at home when Spain was as ambitious as it is now under a King Philip the second they called their wisest the House of Austria as great and potent and both strengthened with a malitious League in France of persons ill-affected when the Low-countreys had no being yet by constant counsels and old English wayes even then that Spanish pride was cool'd that greatness of the house of Austria so formidable to us now was well resisted and to the United Provinces of the Low countreys such a beginning growth and strength was given as gave us honour over all the Christian World The Commons therefore wondring at the Evils which they suffered debating of the causes of them found they were many drawn like one Line to one Circumference of decay of Trade and strength of Honour and of Reputation in this kingdom which as in one Centre met in one great man the Cause of all whom I am here to name the Duke of Buckingham Here Sir Dudly Diggs made a stand as wondring to see the Duke present Yet he took the Roll and read the Preamble to the charge with the Dukes long Titles and then went on My Lords This lofty Title of this mighty Man me thinks doth raise my spirits to speak with a Paulo majora canamus and let it not displease your Lordships if for foundation I compare the beautiful Structure and fair composition of this Monarchy wherein we live to the great work of God the World it self in which the solid body of incorporated Earth and Sea as I conceive in regard of our Husbandry Manufactures and Commerce by Land and Sea may
his late Majesty and his Majesty that now is warranting the payment of great sums of money by him as if such summes were directed for secret service of the State when as they were disposed of to his own use and hath gotten into his hands great sums which were intended by the late King for the furnishing and victualling of the Navy-Royall to the exceeding diminution of the revenues of the Crown to the deceiving and abusing of his late and now Majesty and detriment of the whole Kingdom That he doth humbly and with all thankfulness acknowledge his late Majesties bountifull hand to him and shall be ready to render back into the hands of his now Majesty whatsoever he hath received together with his life to do him service But for the value suggested in the charge he saith there is a great mistake in the calculation as he shall make evident in a Schedule annexed to which he referreth himself Nor did he obtain the same by any undue solicitation or practice nor yet a Release for any sums so received But having severall times and upon severall occasions disposed divers sums of his late and now Majesty by their private directions he hath Releases thereof for his discharge which was honourable in them to grant and not unfit for him to desire and accept for his future indemnity XIII Reply 13. Lastly That he being a sworn servant of the late King did cause and provide certain Plaisters and Potions for his late Majesty in his last sicknesse without the privity of his Majesties Physicians and that although those Plaisters and Potions formerly applied produced such ill effects as many of his sworn Physicians did dis-allow as prejudiciall to his Majesties health yet neverthelesse did the Duke apply them again to his Majesty Whereupon great distempers and dangerous symptomes appeared inhim which the Physicians imputed to those administrations of the Duke whereof his late Majesty also complained which was an offence and misdemeanour of so high a nature as may be called an act of transcendent presumption And the said Commons by Protestation saving to themselves the liberties of exhibiting hereafter any other accusation or impeachment against the Duke and also of replying unto what the Duke shall answer unto the said Article do pray that the said Duke may be put to answer all and every the premises and that such Proceedings Examinations Tryals and Judgements may be upon every of them had as is agreeable to Law and Justice That his late Majesty being sick of an Ague a disease out of which the Duke recovered not long before asked the Duke what he found most advantagious to his health the Duke replied a Plaister and Posset-drink administred to him by the Earl of Warwick's Physician whereupon the King much desired the Plaister and Posset-drink to be sent for And the Duke delaying it he commanded a servant of the Dukes to go for it against the Dearnest request he humbly craving his Majesty not to make use of it without the advice of his own Physicians and experiment upon others which the King said he would do and in confidence thereof the Duke left him and went to London And in the mean time he being absent the said Plaister and Posset drink were brought and at the Dukes return his Majesty commanded the Duke to give him the Posset-drink which he did the Physicians then present not seeming to mislike it Afterward the Kings health declining and the Duke hearing a rumour as if his Physick had done his Majesty hurt and that he had administred Physick without advice the Duke acquainted the King therewith who in much discontent replied They are worse then Devils that say so This being the plain clear and evident truth of all those things which are contained in that Charge He humbly referreth it to the judgements of your Lordships how full of danger and prejudice it is to give too ready an ear and too easie a beleef unto a Report or Testimony without Oath which are not of weight enough to condemn any Also he humbly acknowledgeth how easie it was for him in his young years and unexperienced to fall into thousands of errours in those ten years wherein he had the honour to serve so great and so open-hearted a Soveraign Master But the fear of Almighty God his sincerity in the true Religion established in the Church of England though accompaninied with many weaknesses and imperfections which he is not ashamed humbly and heartily to confesse his awfulnesse not willing to offend so good and gracious a Master and his love and duty to his Countrey have restrained and preserved him he hopeth from running into any hainous misdemeanours and crimes But whatsoever upon examination and mature deliberation they shall appear to be least in any thing unwittingly within the compasse of so many years he shall have offended He humbly prayeth your Lordships not onely in those but to all the said misdemeanours misprisions offences and crimes wherewith he standeth charged before your Lordships to allow unto him the benefit of the free and general Pardon granted by his late Majesty in Parliament in the one and twentieth year of his Reign out of which he is not excepted And also of the gracious Pardon of his now Majesty to the said Duke and vouchsafed in like manner to all his Subjects at the time of his most happy Inauguration and Coronation which said Pardon under the Great Seal of England and granted to the said Duke beareth date the tenth day of February now last past and so here shewed forth unto your Lordships on which he doth humbly relie And yet he hopeth that your Lordships in your Justice and Honour upon which confidence he putteth himself will acquite him of and from those misdemeanours offences misprisions and crimes wherewith he hath been charged And he hopeth and will daily pray that for the future he shall by Gods grace so watch all his actions both publick and private that he shall not give any just offence to any However that that an Authour hath descanted on this defence It doth really appear prudential modest and humble and no doubt a Reply might be intended In the interim the Kings affaires requiring a quicker supply for the publique than these lingring proceedings could admit he demands the speedy producing their Bill of Subsidy to be passed to which they were forced suddenly to conform not unlikely to prevent their present dissolution which otherwise they suspected And resolving to make work they were hammering a tedious Declaration of Grievances which was allowed by the House before the Bill of Subsidy Whereupon with huge indignation the King the very next day Iune 15. dissolves them with this positive answer to some Lords that were sent to intercede for longer sitting not a minute And the same day Bristow was committed to the Tower and Arundell confined to his House with a Proclamation for burning all Copies of the Commons Declaration which was
Kings Bench in Westminster-hall where a Theatre was erected in height equal with the Bench covered over with green Cloth In the upper end was placed the Tribunal Chair of State for the High Steward on either side the Peers of the Realm and under them the Iudges in the lower end against the State were the Kings learned Council and at their backs two Pews lifted up to face the Court for the Prisoner and his Keeper and in the midst of the Court a place of descension for the Clerk of the Crown and his Assistant where they all met between eight and nine of the Clock that Morning First the Clerk of the Crown and the Iudges the Lieutenant of the Tower and the Prisoner retiring into a Room near hand then the Peers seven and twenty in number those of the Garter order wearing their Coller of Esses about their neck the chiefest of them were Weston Lord Treasurer Earl of Manchester Lord Privy Seal Arundel Earl Marshall of England and so the rest Then enters the Lord High Steward his Grace in a black Velvet Gown trimm'd with Gold Buttons and Lace before him 7. Maces of State born by the Serjeants at Arms attended by Sir Io Burroughs Garter principal King of Arms and Maxwel Usher of the Black Rod. The Judges Assistants for Counsel in case of Law were Sir Nicholas Hide Chief Justice of the Kings Bench Sir Thomas Richardson Chief Justice of the Common Pleas Sir Humphrey Davenport Chief Baron of the Exchequer and Baron Denham four Judges Iones Hutton Whitlock and Crook The learned Council were Sir Robert Heath Attorney General Sir Richard Chelton Solicitor General Sir Io Finch the Queens Attorney General and Sir Thomas Crew Serjeant at Law Sir Thomas Fanshaw Clerk of the Crown and Keeling his Assistant The Clerk of the Crown presented his Grace with the Patent of his Place of Lord High Steward of England After O yes he delivered the Patent to the Clerk of the Crown who read it and returned it back The Black Rod kneeling down presented him with the White Staff or Verge of State After a second O yes his Grace gave leave to the Peers to be covered and Proclamation made That the Judges should bring in as by Writ commanded all the Records touching the Earls Arraignment and the Peers answered particularly to their several names After the third O yes the Lieutenant of the Tower brought in his Prisoner into their powers and his Warrant being read his Grace addressed himself to the Peers My Lord Audley said he for so he stiled him as a Baron of England and not by his Creation of Earl Castlehaven being a forreign Title of Ireland by which Title onely he could not be tried by the Peers the Kings Majesty is given to understand both by report and also by Verdict of divers Gentlemen of quality in your County that you stand impeached of sundry Crimes of a most high and hainous nature and therefore he brings you this day to trial doing therein like the Almighty King of Kings in the eighteenth of Genesis who went down to see whether the sins of the Sons of Sodome and Gomorrah were so grievous as the cry of them that came before him And Kings on Earth can have no better Patern to follow than that of the King of Heaven and so hath summoned by special command these your Peers either to acquit or condemn you they being so noble and so just so indifferent Iudges for his Majesty desires that your Trial should be as equal and upright as Iustice it self wherefore you may speak boldly and confidently without fear to clear your self and so to be set free but if otherwise your own conscience accuse you give the honour to God and the King by confessing the truth without shifts or subtilties against it which are but Consilia adversus Dominum May it please your Grace said Audley I have stood committed close Prisoner six moneths without Friends or Counsel deprived of the knowledg of the particular circumstances of the Crimes laid to my charge unskilfull of the advantages or disadvantages of Law and but weak to plead at the best and therefore desire liberty of Counsel to plead for me Your long Imprisonment said his Grace hath been rather a favour for conveniency to bethink your self and you shall have all possible favour in this your first demand in which the Iudges shall satisfie you as in all other your deâ—ires in the prosecution of your Trial. The Judges gave opinion that in principal Causes Counsel is not to be allowed for matter of Fact but for matter of Law it may His Grace commanded the Clerk of the Crown to reade his Indictments being three in number The first for a Rape by assisting Brodway his own Servant to ravish his Wife the Countess of Castlehaven The other two for Sodomy committed on the Body of Brodway and on Fitz Patrick his Footman To which he pleaded Not guilty c. And therefore his Grace said thus to the Peers My Lords the Prisoner is indicted of Rape and Sodomy and pleads Not guilty My duty is to charge you with the Trial Yours to judg The Cause may move pity in some detestation in all but neither of them may be put in the Scale of Iustice for a Grain on either side sways the Ballance Let Reason rule your affections your heads your hearts to heed attentively and weigh equally In the right course the Iudges will direct you if doubts arise Ye are not sworn how to proceed the Law supposeth your integrity to Iustice which others are compelled unto by Oath And so God direct you Crew opened the Indictments and so was seconded and by turns all the other but the Attorney General proceeded in brief that the Crimes were far more base and beastly than any Poet invented or History ever mentioned Suetonius indeed sets out the Lives of Heathen Emperours whose Sovereignty had no Law to question their Power nor Religion to bound their wills from acting any Crimes And here ravelling into his former debauched life and profession of Papistry digressing from the matter of the Indictments the Prisoner desired that his Religion nor other circumstances not conducing to his crimes charged might be spared But he was told to forbear to interrupt the Council till the time fitting to make answer And so the Attorney went on with his Religion bred up a Protestant and after fell to Papistry for more liberty in evil or rather of both Professions or of either or of none at all Cor quod ingreditur duas vias non habet successum In the morning at a Mass afternoon at a Sermon believing in God thus basely God left him at the last to his lusts and so to Atheism to work wickedness without hope of Heaven or horrour of Hell His moral actions beyong imagination wicked for though he married this Lady as noble in birth as great in fortune so soon as
doth Order That Mr. Brooks and the Dean and Chapters shall be satisfied all their charges in this suit by their Adversaries That Ezekias Harris Thomas Green Miles Corbet and Henry Davy who subscribed the Mittimus for Mr. Brooks Imprisonment and for the wrong done to his Person and the indignity offered to his place and function shall be committed to Prison during his Majesties pleasure and they to make further acknowledgement of their offence as shall be hereafter Ordered That Mr. Brinesley shall be removed from that Town onely yet shall not Officiate any where unlesse conforming to the Canons of the Church That the said pretended Chappel be converted to the first use a Wareâ—house 25. March 1632. The Kings power now appeared in the Narrow Seas with three-score sail os well manned Ships under command of the Earl of Northumberland who set out from the Downes towards the North where the Dutch Busses were Interrupted in their fishing some of them being seized and others sunk until they were enforced to fly from thence to his Majesties harbour their Commissions for that purpose craving leave to fish and trade with the English by permission under the Kings Grant as a perquisite of the English Interest and preservation of his Regality in the Brittish Sea And therefore to say the King had no designe paramount there unto but onely to reduce them to a precarious condition is much mistaken for he both sought more and they yeelded to more without any such policy as to caresse them for their Amity Fardinand the second weakened in body by many years and tormented in minde by mighty Wars resolving to settle the Empire calls a Diet at Ratisbone the midst of September where after consultation for succession the French under hand promoting Bavaria but the Poland Ambassadour prevailed more by his eloquent oration for the Emperours Sonne already King of Hungary to be elect King of the Romanes by the Name of Fardinand the third the 22. of December and the Father died the 15. of February following This Emperour by the good successe of his Lievtenants in Wars had maintained his Scepter in and out sometimes several and altogether against all the world almost For no sooner crowned King of Boheme then that people revolted and chose another when he became Emperour the seditions of the Hungarians and of his own subjects in Austria Maâ—sfealt and Halderstadt never left worrying him whilest they lived The Danes felt the force and smart of his Army the English Scots and Hollanders combined against him The Swedes and the whole Protestant Body of the Princes Nay the French also by profusion of blood and treasure His pesants excited against him and to corrupt the Faith of his great Ministers no sooner got out of one war but springs up another like Hydra's to torment him His best weapons were his own dayly pious prayers which the late King Gustave seemed more to dread then he did his Armies He Attacked the Arms of the Turk Catholicks Lutherans and Reformates and over all Triumphant He lived to see his Son Crowned King of the Romanes in spight of all his Enemies the Swedes to be shut up in Pomerania and the French beaten out of Germany and the Armies of Austria almost at the gates of Paris He hearkened religiously to the Jesuites the reason of the Reformates to revolt and to call in a stranger the Swedâ— to gnaw out their own entralls which they soon repented And now was the Earl of Arundel Earl Marshal of England assigned Ambassadour to the new Emperour Fardinand the third elected at this Imperial Diet. To whom he presents the condition of his Majesties Nephew the Palsgrave of the Rhene And being now in the English Court the eyes of all the Christian Princes were fixed upon the cause of his fufferings which had been so often represented to his Emperial Predecessours not without great expectation to his restauration which his Master hoped might take good effect by his now Emperial grace and favour And for answer The Emperour told him That he made no doubt in time he might be considered for enjoying the Lower-Palatinate But for the other It much concerned the Duke of Bavaria's present Interest and possession and how he could be induced to a Treaty disadvantagious to himself he wished the Ambassadour to make that Counsel the best of his business To that end he was to dispute with the deputies of the Emperour with some of them he prevailed for their good Inclinations towards the Palsgrave as very effectuall for confirmation of a setled peace amongst the Princes And to that end they made their several respective humble Remonstrance and advice But Bavaria spake like a souldier That what he had with so much hazzard of his Person and expence of treasure wonne by the sword in defence of the Empire against an enemy he would now maintain with the same power in the possession The Ambassadour was now assured that this his resolution needed not so much mis-spent time in the Treaty but to have been told it at the first And to shew his disdain to be thus used took no leave at all but hastened homewards nor could the Emperours friends two Ambassadours Spanish and Polish sent after to moderate his anger and to promise better effects after some weeks patience nothing prevails to invite him back again he comes directly home where he found the King in some regret at this affront of his Ambassadour and so returned with like disdain upon an Imperial Agent sent hither to excuse the one and to offer some conditions as improbably to bring other effects which therefore was an entrance to a further breach of amity between these Princes and much increased by the hopes of a Marriage between the King of Poland and the Lady Elizabeth Sister to the Prince Elector and Prince Ratzevil sent hither to treat it with our King and almost concluded whilest the Diet of that Nation met and consulted for their consents and soon granted by the Peers and people but the third Estate the Clergy so much Jesuite as to be foundered by the way with propositions from the House of Austria Emperour and King of Spain for Cecilia Arch Duchesse and second Sister of the Emperour and so was this instantly concluded and the other fell off as did the Prince Elector to an absolute dispair of his former Interests The usual visitations Provincial of Arch Bishops of England for setling Church affairs having good effects from that of Canterbury He now also intends the like upon the University of Cambridge somewhat out of tune in several Coledges Emanuel and Sidney Chappels not Consecrated for divine Service and Sacraments which yet were solemnly administred there And this the University challenged within their own Charter and power to examine and were exempt from any visitation unlesse of themselves or the Kings Majesty as their gracious Founder But at the dispute before the King and his Privy
is very memorative how hardly King James the sixth procured the Post-Nati of Scotland by which they are admitted to all dignities priviledges and offices in England must they have freeâ—dom here and must the English be debarred there o Tempora o Mores 4. How many of themselves at that instant had preferment to hereditable rites of Iudiciary and why must the King be now limited 5. The Chancellour of Scotland holds his precedency without any positive Law why not the Treasurer and Privy Seal the first branch of the Kings Crown is to distribute honours and precedencies as he please But the King having knowledge of these their Extravagancies sent to his Commissioner the Earl of Traquair to Prorogate the Parliament until the second of Iune and if they should presume to sit still then to discharge them upon pain of Treason But if they did yeeld obedience thereto his Majesty was graciously pleased to admit such persons to his presence as they should send to represent their desires and his Commissioner to repair to the King and to bring all the transactions of that Session Against this command they protest and stile it a Declaration of the Parliaments 18. December 1639. WHereas John Earl of Traquair his Majesties Commissioner having closed the Assembly and sitting in Parliament with them did now take upon him without their consent or offence to prorogate the Parliament upon a private warrant this being a new and unusual way without president in this Kingdom heretofore once being convened have continuation by the expresse consent of the Estates We therefore declare that any prorogation made by the Commissioners Grace without consent of Parliament shall be of no force and the actors to be censured in Parliament And knowing that Declarations have been published against us and our proceedings made odious to such 〈◊〉 do not consider that we are not private subjects but a sitting Parliament We therefore declare that whatsoever we might do lawfully in sitting still yet we have resolved for the present to make Remonstrance to his Majesty and some of each Estate to remain still at Edinburgh to attend his gracious Answer And if it shall happen that our malicious enemies do notwithstanding prevail against us we professe our selves free of the outrages and Insolencies that may be committed in the mean time we do our best to prevent confusion and misery And the Committee appointed to expect the Kings Answer were the Earls Lothian and Dalhouse the Lords Yester Balmerino Cranston and Naper for the Barons the Commissioners of the Lothians Fife and Twidale the Burroughs named the Commissioners of Edinburgh Lithgow Sterlin Hadington Dunbar to attend at Edinburgh the return of his Majesties Answer Their Deputies came to the King at White Hall the Earl of Dumfirmlin and the Lord Loudon but coming without warrant from the Kings Commissioner Traquair being a high contempt they were in disdain commanded home again without audience Then comes Traquair and privately consults a whole night with Hamilton and between them was framed a writing a represenration to the Councel of the most considerable matters proposed in that Parliament satisfactory enough to make the wound wider for however Traquair managed his Commission the end of the designe was to foment a war and to engage the King and for the Scots they were prepared And it is most true that a muttering there was in Court against Traquairs treachery for the Arch Bishop of St. Andrews the Bishops of Rosse and Brichen accused Traquair of High-Treason in the grosse miscarriage of his Commission in the General Assembly and Parliament and subscribed the charge the Scots law in such cases bearing poenam Talionis if they could not prove it A strange law against the secutity of Kings certainly treasonable in the making and no where else is practized but in Scotland But upon the whole matter related by Traquair the debate was whether considering the Insolency and height of their demands even in civil obedience it were not fit to reduce them to their duty Then the Question whether by the presence of the Kings Person and acting power of justice there But that was expresly opposed by arguments of policy and other reasons offered in writing with this title Shall the King go to Scotland I wish he may if with honour and safety he can but as the case stands and spirits are affected I see neither 1. THe treaty of peace is by them most falsly interpreted without any regard at all to His Majesties honour 2. The many and palpable violations of the Articles of peace are known to the King 3. It is evident what his Majesty expects at their hands for to let go all the disgraces offered to his Royal authority since the beginning of these troubles what one thing the King hath obtained of them in acknowledgement of so many favours upon their several petitions bestowed upon them 4. Their obstinate resolution to adhere in all points to their Assembly at Glasgow is undeniable witnesse their false and disgraceful glosse upon that Article of the treatie witnesse their oath of adherence to that Assembly since the peace witnesse their protestation against calling of Bishops and Arch Bishops to the Assembly witnesse the violence offered to the Clergy for not adhering to the Assembly even since the peace 5. So the Assembly now to be holden at Edinburgh shall have but one act for all and that shall be the ratification of the Assembly held at Glasgow 6. Now shall the King countenance such an Assembly the very constitution and first meeting whereof is most derogatory to the honour of his Crown while by a mutinous crew of Incendiarie Preachers and a conspiracy of Lay Elders the Prelates of the Church are by meer violence against all authority Law example or reason excluded abjured excommunicated 7. Shall the most Christian Defender of Faith countenance such a conspiracy against God his Church and himself where the most matchlesse Villany that ever was hatched shall be made piety Rebelions conscience and Treason reason all the Loyal and Orthodox Clergy banished most Ignorant and trayterous fire-brands put in their places the Supream power in Spiritual and Ecclesiastical causes violently pulled from the Crown and devolved in the hands of a mixt meeting of Ministers and Lay-men 8. It is high Treason in my minde to conceal from His Majesty that his Supremacy in Elections is in greater security for the Crown in the hands of any whosoever then in the power of such men whose pernitious maximes subjects the Crown to the pleasure of the people whom they have ever since their Reformation set on fire when they have been so pleased and stirred up to Rebellion by their seditious Sermons have countenanced all the commotions against authority in King Iames his reign and robbed the King of the hearts of his Subjects by most trayterous calumnies And now there is not one Presbytery free of Seditious Sermons even since the peace 9. Shall
confirmed by Parliament did after add two shillings per pound without leave of the Parliament We began to be great Practitioners in the School of Revolting in Tumults and Insurrections following the Rules of our Neighbour Brethren in their pretences of Liberty and as it is truly brought into parallel with the Scots former Proceedings in their Discipline of Reformation even from their first Murder upon their Arch-bishop of Saint Andrews Anno And so by that and other Examples we are set on work to begin violation upon our Arch-bishop of Canterbury A Paper being poasted up at the Old Exchange the ninth of May exhorting Prentices to rise and â—ack the Arch-bishop house at Lambeth the Munday following when in the dead time of Night the number of five hundred beset his Palace and endeavour to force their Entrance but were repulsed by such power as he had prepared to oppose them who parted without more hurt than the Glass Windows for which attempt many of them the next day being narrowly observed were seized and sent to Prison to the White-Lion but three days after some of their former Companions in the open day-time beset the Prison force the Doors and delivered them to liberty for which and for Example onely one of them a Captain Cobler was apprehended tried in Southwark and condemned and hanged drawn and quartered and his Limbs set upon London-bridg The King in very great earnest for his Expedition to the North cals a Iovento of select Counsellors where Secretary Vane was conceived so trusty as not to be left out who yet took such Heads of the Debate as he and his Son made use of afterwards towards the destruction of the Earl of Strafford The Heads were thus in brief as they are recorded No danger in undertaking this War Whether the Scots are to be reduced or no To reduce them by force as the state of this Kingdom stands If his Majesty had not declared himself so soon he would have declared himself so no War with Scotland they would have given him plentifully The City to be called immediately and questioned to lend an hundred thousand pounds The Ship-money to be put rigorously upon Collection and by these two ways will furnish his Majesty plentifully to go on with Armies and War against Scotland The manner of the War Shipping of the Trade of Scotland to be detained prejudice so they had the Trade free with England for their Castle A defensive War to sally against offensive War into the Kingdom his opinion is that few Moneths will make and end of the War do you invade the Scots strongly If no more Money than what proposed how then to make an offensive War a difficulty Whether to do nothing or to let them alone Or to go on with a rigorous War Go on rigorously or let them alone No defensive War love of Honour and reputation the quiet of England will not hold out long your might will languish as betwixt Saul and David Go on with an offensive War as you first de signed loose and absolute from all Rulers and Governments being returned to extreme necessity every thing will be done as power will admit and that you are to do They refused you are acquitted towards God and Man you have an Army in Ireland you may imploy it to reduce the Kingdom I am confident as any thing under Heaven Scotland shall not hold out five Moneths One Summer well imployed will do it I venture all I have I would carry it or lose all Whether a defensive War as impossible as an offensive or whether to let them alone Tried always Refused always By the Laws of God you should have subsistence and ought to have it and lawfull to take it Leagues they make abroad and we will do so for the defence of this Kingdom The Lower House are weary both of King and Church Commission of Array to be put in execution they are to bring them to the Borders In reason of State you have power when they are to use them at the Kings pay If any of the Lords can shew them a better way let them do it The Town full of the Nobility who will talk of it he will make them smart first These were the Notes taken thus by Vane and to the Design and general opinion for War the Londoners are summoned to lend Money but the Citizens were sullen indeed no Trading made them poor they who had injoyed such a length of time in peace and commerce just fourty years as never any City could boast of more happiness nor truly of more wealth their bliss Luxury and Pride and Plenty with all Vices answerable unfaithfull to their Sovereign unstable in Religion ungratefull to their own Members and Friends We cannot finde other than this the onely cause that this City might justly regret upon unkindness from the King was the account of their Plantation of London Derry in Ireland a slender occasion their usurpation of more liberty than their Patent would impower was here questioned in Star-chamber and sentenced to be forfeited to the King and Fines imposed upon the Undertakers which though very justly deserving correction yet they proposed reasonable overtures of satisfaction and more honourable for the King to have accepted which was to have contributed a very ample Sum of Money by way of Composition towards the erecting of a Royal Palace for his Majesties Court in Saint Iames's Park according to a Model drawn by Inigo Iones his excellent Architectour and to have taken down White-hall towards the Thames carrying the common way in the room thereof directly from Charing-cross straight through Cannons-row to Westminster-hall leaving the River-side an open Wharf quite along And although their offer in Money came short of the Sum to finish such a Fabrick yet so noble a Design might have found many well-affected to have offered to the supply besides sundry other occasions of raising Money sufficient to have perfected that Work whereas this Fine producing a considerable Sum was begged and squandred away to the Kings small advantage But neither the City nor Nation could pretend to want the Kingdom became the envy of Europe Mollia securae peragebant otia Gentes The Court never so glorious the Gentry no where more gallant the Citizens so abounding with Treasure Bullion and Buildings that no Age can parallel Commerce inward and outward never at that height before the Custome increasing to admiration the Narrow Seas never better guarded with braver Ships nor the Navy Royal for number of Vessels and Magazine the Vniversity replenished with learned men and for the Church among all the Reformed she was esteemed as in truth she was justly stiled the Church Triumphant And Ireland was arrived almost to the like degree of prospertiy All the Arrerages of the Crown were paid there without a Penny sent from hence for some years past to maintain that standing Army Traffique there to that
height as the Crown-customes increased five times greater in fine not onely to subsist of our self but to contribute to the English Exchequer and to make some retribution of those vast expenses from hence for four hundred years past The main assistance to this War came from the Gentry of England all Knights and Gentlemen holding Lands in capite of the King were to send Horse and Men answerable to their abilities so that the Aids completed the royal Army where of the Earl of Northumberland was appointed General and the Earl of Strafford his Lieutenant General but in truth Northumber land fell extreme sick and therefore not to disorder the form of the other Officers the King took the Command upon himself Generalissimo for I never read of a Royal Army and the King present but himself was chief the Earl of Northumberland his General and the Earl of Strafford Lieutenant General and having seen the Queens safe delivery of a Son born the twentieth of Iuly and christened Henry after created Duke of Glocester He hastens his Rendezvouz and the twentieth of August takes leave of London Two days after he declares the Scots to be Rebells by Proclamation That by all ways of mildness and clemency he hath endeavoured to appease the rebellious courses of his Subjects of Scotland who upon pretences of Religion have sought to shake off his Regal Government and now do take up Arms and invade his Kingdom of England and therefore his Majesty doth now declare that all those who have already entered or shall presume to enter in war like manner in any part of England and their Adherents and Assistants shall be adjudged and are hereby denounced Rebels and Traitours against his Majesty nevertheless if they will yet acknowledg their former crimes and crave pardon and yield obedience for the time to come he tenders them his gracious pardon they retiring home and demeaning themselves as loyal Subjects for the future August 22. 1640. And a Prayer is published for the Kings Majesty in his Expedition against the Rebells of Scotland to be said in all Churches c. viz. O Eternal God and mercifull Father by whom alone Kings reign thou Lord of Hosts and Giver of all Victory we humbly beseech thee both now and ever to guide and preserve our most gracious Sovereign Lord King Charls to bless him in his Person with health and safety in his Counsels with wisdom and prudence and in all his Actions with honour and good success especially against those his traiterous Subjects who having cast off all obedience to their Anointed Sovereign do 〈…〉 His Army was marched before hastening to meet the Scots who were entered England already for being come to North-alerton in the way to New-castle he was met by the Lord Conway with the ill News of a Defeat at Newburn upon Tine the Day before which was thus The Lord Conway Commander there in chief advising to secure the most considerable Passes had upon August 27 drawn out 1200. Horse and 3000. Foot placing the Infantry under shadow of a Breast-work to gall the Scots in theirâ— Pass over the River Tine near Newburn but their General Lesly over night had planted nine Pieces of Ordnance on his side of the River and blinded them with Bushes from sight of the English and in the morning craves leave of the Lord Conway to pass with his Petition to his Majesty he was admitted to pass with a considerable number but not with his Army but Lesly must not divide his Forces and so fords over 300. Horse which were by those behinde the Breast-work enforced to retire and Lesly to acquit them plaid his Cannon from the Blinde so furiouâ—ly as drove them from their Poast and like raw Souldiers cast down their Arms and fled Then their Cavalry re-advanced upon Mr. Wilmot Commissary General of the Horse accompanied with prime Gentlemen and stood to the Charge of Horse and Cannon also which so galled them and over powred by number as they retired in disorder 300. slain and imprisoned and Conway fain to retreat with this ill News to the King and because New-castle was not tenable against the Scots Army Sir Iacob Ashley the Governour was forced to desert it and two days after they possessed Durham And now comes the Earl of Strafford who brought up the Rear of the Army retreating to York whom the King staid and where there was time afforded to examine and conclude this Miscarriage upon Conway notwithstanding his best art of flourish and stout animosity to vindicate his either Cowardice or Treachery or both for so he was accused During this time the English Garison at Barwick issued out and recovered some Pieces of Cannon which had been left by Lesly at Dunse as over-usefull for his Train which gave Allarm to the Earl of Hadington commanding in Loâ—thian and the Merse with two thousand Horse and 〈◊〉 to pursue and rescue the Cannon and carried them to Dâ—nglass but the next day Hadington and twenty more â—nights and Gentlemen in an instant were all slain by an accident of â—ire which blew up the Magazine of Vaâ—lt that lay in a 〈◊〉 on the other side of the Court twelve score from his Lodging not slain therein very frolick and merry but were come out into the midst of the Court and there killed by the Stones that flew from the Vault which made it the more miraculous but whether by Accident or Design was never known But during these military actions the Scots gaining ground upon the English and now â—eated where they would be in warm Quarters with New-castle Coal good Fires Meat Drink and Lodging of the best and all these in great plenty They now take time to petition the King intâ—tuling it The humble Petition of the Lords of the last Parliament and others his Majesties loyal Subjects of Scotland Complaining in general of their sufferings for relief whereof they are constrained to come without prejudice to the peace of England or any the Subjects therein untill they are pressed with strength of Arms to oppose their Passage at Newburn and now present themselves to his Majesties goodness for satisfaction of their full demands and repair of their wrongs and losses with the advice of the Parliament of England to be convented To all the King answers by his Secretary of Scotland the Earl of Limrick that the King expects their particular Demands having already summoned the Peers of England to meet at York September 24. and commands them to advance no farther York September 5. LIMRICK Three days after comes their Demands directed to the Earl of Limrick in terms humble enough but very peremptory as to the Points Right Honourable As nothing on earth is more desired of us than his Majesties favour so we shall desire nothing herein but what may suit to his Majesties honour and peace of his Dominions The Particulars we should have expressed in our Petition but that they
are contained in our late printed Declarations which were sent to your Lordship which summarily we here repeat That the late Acts of Parliament may be published in his Majesties Name with the States of Parliament That Edenburgh Castle and other Strengths of Scotland may as to their first foundation be fortified and used for our defence and security That our Countreymen in England and Ireland may not be pressed with Oaths and Subscription warranted by your Law and contrary to their National Oath and Covenant That the common Incendiaries the Authours of Combustions in his Majesties Dominions may receive their Censure That our Ships and Goods with all the Dammage thereof may be restored That the wrongs losses and charges which all the time we have sustained may be repaired That the Declarations made against us as Traitours may be recalled That by the advice and consent of the States of England to be convened in Parliament the Garrisons may be removed from the Borders and any Impediment that may stop free Trade and settle Peace for our Religion and Liberties against all Fears of Molestation and the undoing of us from year to year or as our Adversaries shall take the advantage And that the meeting of the Peers the four and twentieth of this instant will be too long ere the Parliament will be convened the onely means of settling Peace the sooner they come the more shall we be enabled to obey his Majesties Prohibition of our advancing with our Army Nothing but invincible necessity hath brought us out of our Countrey to this place and no other thing shall draw us beyond the Limits appointed by his Majesty wherein we hope your Lordship will labour for our Kings honour and the good of our Countrey Leaguer at New-castle Septemb. 8. 1640. Your Lordships loving and humble Servants and Friends c. Those English Lords that meant not to fight either for necessity or honour fearing that their next Meeting might prevent a Parliament had this while devised their Petition to the King in effect for a Parliament the great aim on all sides answerable to the Scots desire before they set out from home which they published at the head of their Army in a Pamphlet called The Intentions of their Army viz. Not to lay down Arms till the Reformed Religion were settled in both Nations upon sure grounds the Causers and Abetters of their present Troubles be brought to publick justice and that in Parliament And these Abetters were the Papists Prelates and their Adherents in general but more particular the Arch-bishop of Canterbury and the Lieutenant of Ireland And therefore to answer them comes out a correspondent Petition from a Compound of six Earls one Viscount and four Barons being a Descant on the Scots Plain-song And to back these Petitions are poasted from London and other places presently after The Lords Petition was thus Most gracious Sovereign The zeal of that duty and service which we ow to your Sacred Majesty and our earnest affection to the good and welfare of this your Realm of England have moved us in all humility to beseek your Royal Majesty to give us leave to offer to your Princely wisdom the apprehension which we and others your faithfull Subjects have conceived of the great Distempers and Dangers now threatning the Church and State and your Royal Person and of the fittest means by which they may be removed and prevented The Evils and Dangers whereof your Majesty may be pleased to take notice are these 1. That your Majesties Sacred Person is exposed to Hazzard and Danger in the present Expedition against the Scotish Army and by occafion of this War your Majesties Revenue is much wasted your Subjects burthened with Coat and Conduct-money billeting of Souldiers and other Military charges and divers Rapines and Disorders committed in several parts of this your Realm by the Souldiers raised for that Service and your whole Kingdom become full of Fears and Discontents 2. The sundry Innovations in matters of Religion the Oath and Canons lately imposed upon the Clergy and other your Majesties Subjects 3. The great increase of Popery and the imploying of Popish Recusants and others ill-affected to the Religion by Laws established in Places of power and tâ—ust especially in commanding of Men and Arms both in the Field and sundry Counties of this your Realm whereas by Law they are not permitted to have any Arms in their own Houses 4. The great Mischiefs which may fall upon this Kingdom if the intentions which have been credibly reported of bringing in Irish and foreign Forces should take effect 5. The urging of Ship money and prosecution of some Sheriffs in the Star-chamber for not levying of it 6. The heavy charge upon Merchandise to the discouragement of Trade the multitude of Monopolies and other Patents whereby the Commodities and Manufactures of the Kingdom are much burthened to the great and universal grievance of your people 7. The great grief of your Subjects by long intermission of Parliaments and the late and former dissolving of such as have been called without the happy effects which otherwise they might have produced For remedy whereof and prevention of the dangers that may arise to your Royal Person and to the whole State they do in all humility and faithfulness beseek your most Excellent Majesty that you would be pleased to summon a Parliament within some convenient time whereby the causes of these and other great grievances which your people lie under may be taken away and the Authors and Counsellors of them may be there brought to such legal trial and condign punishment as the nature of their several offences shall require And that the present War may be composed by your Majesties wisdom without blood in such manner as may conduce to the Honour and safety of your Majesties Person the comfort of your people and the uniting of both your Realms against the common Enemy of the Reformed Religion And your Majesties petitioners shall ever pray c. Concluded the 28. of August 1640 Francis Bedford Roberâ— Essex Mulgrave Say Seal Edward Howard The Earl of Bristow William Hartford Warwick Bulling brook Mandevil Brook Paget The Kings Answer was BEfore the receipt of your Petition his Majesty well foresaw the danger that threatens himself and Crown and therefore resolved to summon all the Peers to his presence upon the 24 of this September and with them to consult what in this case is fittest to be done for his honour and safety of the Kingdom where they with the rest may offer any thing that may conduce to these ends And so accordingly the Lord Keeper had command and did issue out Writs of summons for their appearance at York the 24. of September And to meet them there comes To the Kings most Excellent Majesty The Humble Petition of your Majesties Loyal Subjects the Citizens of London Most Gracious Soveraign BEing moved by the Duty and Obedience which by Religion and Laws your Petitioners owe unto
your Sacred Majesty they humbly present unto your Princely and pious consideration the several and pressing grievances viz. 1. The great and unusual Impositions upon Merchandize exported and imported 2. The urging and levying of Ship mony notwithstanding which both Merchants their goods and Ships have been destroyed by Turks and Pyrates 3. The multitude of Monopolies Patents and Warrants whereby trade is decayed 4. The Innovations in matters of Religion the Oath and Canons newly imposed by the late Convocation whereby your petitioners are in danger to be deprived of their Ministery 5. The concourse of Papists and their habitation in London and the suburbs whereby they have more means and opportuâ—ities of plotting and executing their designes against the Religion established 6. The sudden calling and sudden dissolution of Parliaments without addressing of the subjects grievances 7. The imprisonment of divers Citizens for not paying Ship-mony and other impositions and the prosecution of others in the Star-Chamber for non conformity to commands in Patents and Monopolies whereby trade is restrained 8. The great dangers your Sacred Person is exposed unto in the present war and the various fears that have seized your petitioners and their families by reason thereof which grievances and fears have oâ—casioned so great a stop and destruction of Trade as neither to receive and pay as formerly and tends to the utter ruine of the Inhabitants of this City the decay of Navigation and clothing and other Manufactories of this Kingdom your petitioners humbly conceiving the said grievances to be contrary to the Laws of this Realm and finding by experience that they are not redressed by the ordinary Courts of Iustice do therefore beseech your Majesty to cause a Parliament to be summoned with all convenient speed whereby they may be relieved in the premisses The Scots proceeding hand in hand with some of the English petition also for the same in effect to call a Parliament for setling a peace between the two Nations and they had the like Answer which behoved the English to hasten for the Scots took liberty to ravage New-Castle seizing four great English Ships laden with Corn ere the masters knew who they were rifling houses and ranting every where laying a Tax of three hâ—ndred and â—ifty pounds per diem upon the Bishop of Durham and three hundred pounds upon Northumberland upon pain of plundering The day come the 24. the King salutes them thus My Lords UPon suddain Invasions where the Dangers are near and instant it hath been the custome of my Predecessors to Assemble the great Council of the Peers c. by their advice and asistants to give a timely remedie to such rules as could not admit a delay so long as must of necessity be allowed for the assembling a the Parliament This being our condition at this time and an Army of Rebells lodged within the Kingdome I thought it most fit to conform my self to the practise of my predecessors in like cases that with your advice and assistants we might joyntly proceed to the chastizement of their Insolencies and securing of our good Subjects In the first place I must let you know that I desire nothing more then to be rightly understood of my People and to that end I have of my self resolved to call a Parliament having already given order to my Lord Keeper to issue the writs instantly so that the Parliament may be assembled by the third of November next whither if my Subjects brings the like good affections that I do it shall not faile on my part to make it a happy meeting In the mean time there are two points to be considered wherein I shall desire your advice which indeed is the chief cause of your meeting first what answer to give to the petition of the Rebells and in what manner to treat with them of which that you may give a sure Iudgment I have ordered that your Lordships shall be clearly and truly informed of the State of the whole business and upon what reasons and advices that my Privy-council unanimously gave me were grounded Secondly how my Army shall be kept on foot and maintained untill your Supplies of a Parliament may be had for so long at the Scots Army remains in England I think no man will Councel me to disband mine for that would be an unspeakable loss to all this part of the Kingdome by subverting them to the greedy appetite of the Rebells besides the unspeakable dishonour that would thereby fall upon this Nation And after several meetings and debates a Messenger Mr. Bellows was sent from the King and Lords to the Scots Army to give them notice on Tuesday next that sixteen of the English Lords shall meet with as many Scots Lords at York to treat of the differences The English Lords were these Earls Bedford Essex Barkshire Holland Herford Bristow Salisbury Warwick Barons Mandevil Savile Howard Brook Paget Dunsmore Paulet Wharton But the Scots refuse the place York as not secure for their Commissioners so long as the Lieutenant of Ireland commanded there in chief who had proclaimed them Traytors in Ireland before the King had done so in England threatning to destroy their memory against whom they had matter of high complaint And so the place was named at Rippon The Scots Commissioners take exception at the Earl of Traquairs presence being no Commissioner on either side but was admitted as a person indifferent to satisfie the English concerning the former affaires in Scotland if questions should be debated The English proposed a Cessation of Arms but the Scots as they would obey his Majesties Commands not to advance so they could not return till they had the effects of their Arrand and therefore desired the way and means of subsistence in their Quarters and so the second of October they present their demands First How their Army should be maintained untill the Treaty be ended and the Peace secured Secondly if more Commissioners be required then for their safe convoy Thirdly Safe convoy for all Letters from them and the Parliament and to them Fourthly That there may be free commerce of both Kingdoms and that the Common trade of New-Castle be not hindred especially for victuals Their first Article is otherwise than their Pamphlet before expressed for there you shall have them profess to take up nothing of the people without ready mony And that failing to give Bills and Bands of debt for true payment but finding good correspondence and weak resistance they did not only spoile and plunder but enforced this first Article Indeed they were cryed up as the sons of Enoch and the English as Grashoppers though the Earl of Strafford then General desired the King that he might give them battel and as his Letters speak to the Arch Bishop of Canterbury he durst undertake upon the Perill of his head to beat them home again although now he held it not councelable as the case then stood And certainly it was generally
do not through me wound the interest of the Common-wealth And howsoever these Gentlemen say they speak for the Common-wealth yet in this particular I indeed speak for it and shew the inconveniencies and mischiefs which will fall upon it For as it is said in the Statute 1. of Henry 4. No man will know what to doe or say for fear of such penalties Doe not put my Lords such difficulties upon Ministers of State that men of wisedome of Honour of Fortune may not with cheerfulness and safety be imployed for the publique if you weigh and measure them by graines and scruples the publique affaires of the Kingdome will lie waste no man will meddle with them who has any thing to lose My Lords I have troubled you longer than I should have done were it not for the interest of these dear pledges a Saint in heaven hath left me At this he stopt a while offering up some tears to her ashes what I forfeit my self is nothing but that my indiscretion should extend to my posterity it woundeth me to the very soul. You will pardon my infirmity something I should have added but am not able therefore let it pass And now my Lords for my self I have been by the blessing of almighty God taught that the afflictions of this present life are not to be compared to the eternal weight of Glory which shall be revealed hereafter And so my Lords even so with all tranquillity of mind I freely submit my self to your judgment and whether that judgment be of life or death Te Deum laudamus When he had done two of the Members Mr. Glyn and Mr. Pym endeavouring to render him as odious as it is usually observed from Declamatours satisfying the Ear of the Auditours but not their judicial Censure for the point came to be this the Commons are to justifie their Charge by Law upon the matters of Fact as yet not appearing under the Letter of any Statute of Treason As for that of the 25 of Edward 3. it came short but yet it is supplied with this Proviso annexed that because all particular Treasons could not be then defined therefore what the Parliament should declare to be Treason â—n time to come should be punished as Treason within which compass they intend to bring him and that by Bill of Attainder The Earl put upon a point of Law desires Council which by no means the Commons would assent unto and notwithstanding all the reason in the world it was canvased three Days and at last concluded that his Council should plead such matters as they should be restrained unto Saturday the seventeenth of April the Earl appears with his Council Master Lane the Prince's Attourney Master Gardner Recorder of London Master Loe and Master Lightfoot Lane argued that the said Statute of 25 Edward 3. was a Declarative Law and so not to be interpreted as of consequence equity or construction but by the express Letter onely that it was a penal Law and so not to admit of any Constructions or Inferences for the true nature of penalties enforce the keeping of known Laws not of conjectural and dubious And for the Salvo he affirmed that in the sixth of Henry 4. the Nobility petitioned the Parliament to limit all Treasons by Statute in which Parliament Chapter 10. an Act passed thereupon that the Salvo should be holden repealed in all times to come nothing to be esteemed Treason but what was literally contained in the Statute of 25. Edward the third nor could the rest of the Council speak more then what had been said by Mr. Lane being so sufficient for matters of Law unless their Lordships would state any other questions to which they were ready to answer upon which the Court adjourned without prefixing any time of meeting The Commons meant it not to meet any more the Earl had satisfied all curious observations of his defence and the Commons knew it well enough but they resolved to attaint him by Bill which was debated by the Commons the nineteenth day and the Earl voted by them guilty of high Treason meerly upon the evidence of Secretary Vane and his notes but upon reading the Bill engrossed in their house the one and twentieth day It was hardly canvassed by the Poll the dissenters being fifty nine and my Lord Digby the most eminent that urged for him and yet it passed That afternoone with all expedition it was brought to the Lords and the four and twentieth day they were put in minde to fix a day for reading of it to which they returned answer that on Munday and Tuesday after they would not fail being not over harty to do it then for it was debated by the Lords to be a business of very high concernments and so perplext as necessarily required a conference with the Common who put it upon Mr. St. Iohn the Kings Solicitor to satisfie them and to justifie the Bill by Law upon Thursday the nine and twentieth and to offer reasons enforcing them to this way of proceeding against the Earl who was ordered to be there present And the Commons to shadow the violence of this proceeding with the Earl they bethought themselves of some publique affair and so petition the King 1. For removing of all Papists from Court. 2. For disarming of them generally throughout the Kingdome 3. For disbanding the Irish Army To which they had Answer the eight and twentieth 1. They all knew what legal trust the Crown hath in that particular therefore he shall not need to say any thing to assure them that he shall use it so as there shall be no just cause of scandal 2. He is content it shall be done by Law 3. And for the last he had entered into consultation about it finding many difficulties therein and he doth so wish the disbanding of all Armies as he did conjure them speedily and heartily to joyn with him in disbanding those two here Scots and English I am now come to the point to consider of the Differences between two Writers our Historian and his Observatour concerning the Death of the Earl of Strafford and reflecting upon the late Arch-bishop of Armagh Primate of all Ireland whilest he was living and so pursued since his Death I being intrusted by him when time and occasion should happen to offer in publick what I had in charge under his own hand-writing and others also not to quarrel it any further but to rectifie mis-understandings if it may be done without malice on any side and so I shall handle it as a Moderatour We begin from the Bill of Attainder which was read in presence of the Earl at the Bar. Whereas the Knights Citizens and Burgesses of the House of Commons in this present Parliament assembled have in the name of themselves and of all the Commons of England impeached Thomas Earl of Strafford of High-treason for endeavouring to subvert the ancient and fundamental Laws and Government of his Majesties Realms
the field Observations upon his History The Historian replies Observator observed The Observator Rescued and Rejoynes And the Historian at a Non-plus his friend even Squire Sanderson as the man that mediates for him The Interim took up the Kings time in doubt what answer to return to his subjects a discontented people Himself their Soveraign troubled with a distracted conscience They for Justice He for Mercy In this perplexity saies the Historian the King consults with feur Bishops the sunday morning desiring them as Casuists to advice him what course to steer between these twog â—eat Rocks c. That three of them urged the opinion of the Judges and the votes of Parliament c. That they advised yea partly perswaded his Majesty though not fully convinced to pass the Bill But the motive to all he saies was a Letter to the King from the Earl himself that very day viz. Sir To set your Majesties conscience at liberty c. more of this hereafter But this Observator enforceth reasons That the Bishops were not sent for but sent to the King by the Parliament to inform his conscience and bring him to yeild to the Bill who consulted rather their own ends And names them the Primate of Armagh the Bishops of Lincoln Durham and Carlile the two last unskilled depended wholly on the other two and those two as the Parliament knew full well carried a sharp tooth against the Lord Lieutenant upon former grudges that of the Primate for abrogating of the Articles of Religion established in the Church of Ireland and setting in their place the Articles of the Church of England and because Doctor Bromel once chaplain to the Lord Lieutenant then Bishop of Derrie had opposed most in it c. That of the Bishop of Lincoln on whom was the most dependance of worse affections than the other c. The Historian replies in his observator observed page 41 That the Bishops were not sent to the King but sent for by the King That they were five not four Bishops That if any of them depended on the Iudgment of others it was the Bishop of London who at the last meeting spake not a syllable That Durham and Carlile spake as freely as any other That the Lord Primate had no sharp tooth against the Lieutenant and instances in that of the Articles of Ireland which were never abrogated and produces this Certificate of two Doctors of Divinity We who were present at and Members of the Convocation holden at Dublin Anno. 1634. do hereby testifie That upon the proposal of the first Canon wherein for the manifestation of our agreement with the Church of England in the confession of the same Christian faith and doctrine of the Sacraments as was then expressed wee did receive and approve the Book of Articles of Religion agreed upon in the Convocation holden at London Anno 1562. One of the Assembly stood up and desired that the other Book of Articles agreed upon in the Convocation holden at Dublin Anno 1615. should be joyned therewith Unto whom it was then answered that this addition was altogether needless that Book having been already sufficiently ratified by the decrees of the former Synod But that the least motion was then or there made for the suppressing of those Articles of Ireland hath no truth at all in it And therefore the Observator and whosoever else hath or doth aver that the said Articles either were abolished or any motion made for the suppressing or abolishing of them are grosly mistaken and have abused the said Convocation in delivering so manifest an untruth The eighteenth of March 1655. Nicholas Bernard Samuel Pullen And to prove no discontent between the Primate and Earl he remarks That before his sentence He did advise with the Primate concerning his defence And after sentence the Earl desired that the Primate might serve him in his ministerial office in his last and fatal extremity who prayed with him sent Messages to the King by him took him by the hand and led him to the Scaffold That there was never any controversie in that Synod of Ireland between the Primate and the Bishop of Derrie concerning the Articles That the King pressing the Judges to declare any particular Article which if proved was treason could not extort from them one single instance but that the Earl was guilty upon the whole matter So much saies the Historian The Observator is rescued with witty Arguments to make good his defence in justification of what he had said before concerning the Bishops in which he puts himself upon a very unhandsome expression is it likely saies he c. that the King would confide in Potter Bishop of Carlile a man of so much want and weakness concluding the Historians Ipse dico no proof at all And so keeping the field the Historian appears no more But the Observator having dispatched that adversary he finds out another and indeavours to be rescued from the back blowes of Dr. Barnard Indeed if there were any they could be no other for the Author there turned the back not the face being an Anonymus and so appeared in that disguised for he that smote a Clergie Man without his Priestly habit was thereby excused A man that walks in the dark may meet with a knock by such as mean him no harm for the Doctors aim was if I mistake not from his apprehension of the Authors disaffection to the Primate of Ireland endeavouring to blemish that worthy Prelate of our Church in some particulars following and gave it then suspected by the Arch-Bishop himself and others to be some Agent of the See of Rome though as yet not any one of them hath moved his tongue against this Isralite at his exile hence And wee may be sorry to see his sole enemies to be those of his own house in profession that out of themselves should arise Men speaking perverse things such pen and tongue combates are gratefull to none but to the grand adversary of us all It comes in my way by calm endeavours and command of the dead to vindicate him that holy Prelate and to compose what relates to him on either side specially in these two mistakes concerning the Articles of Ireland and the scandal put upon him in relation to the Earl of Straffords death as I have received it from himself and others and charged upon me to publish which was long since prepared by it self but after conceived more convenient to be inserted in this history First for the Articles of Religion established in the Church of Ireland Anno. 1615. and pretended to be abrogated Anno. 1634. it so far onely concerns the late Primate as being chosen by the Synode to draw them up which was no more a Scandal to them than for King Iames his sending into Ireland the Articles of Lambeth as the Author tells us were to those Indeed Dr. Heylen in his History of the Sabbath pag. 2. Cap. 8. hath
for that Letter which he means was 〈◊〉 five days before Yet the Earl intending to say more than had been writ in some passion he cast away the Pen and out of his Cabinet drew that Paper-promise under the Kings hand intrusting it to the Lieutenant or to that other person for the King whether sealed up or open I cannot say and this is the Paper which the Primate doth mention that Lincoln put into the Kings hand But the Letter before spoken of was very long and written to the KIng upon the Citizens Tumult at Westminster And it was thus May it please your Majesty It hath been my greatest grief in all these Troubles to be taken as a person which should endeavour to represent and set things amiss between your Majesty and your People and to give Councils tending to the disquiet of the three Kingdoms Most true it is that this mine own private condition considered it had been a great madness since through your gracious favour I was so provided as not to expect in any kinde to mend my fortune or please my minde more than by resting where your bounteous hand had placed me Nay it is most mightily mistaken for unto your Majesty it is well known my poor and humble advices concluded still in this that your Majesty and your people could never be happy till there were a right understanding betwixt you and them no other means to effect and settle this happiness but by the counsel and assâ—â—â— of the Parliament or to prevent the growing evils upon this State â—ut by intirely putting your self in your last resort upon the loyalty and good affections of your English Subjects Yet such is my misfortune this truth findeth little credit the contrary seemeth generally to be believed and my self reputed as something of separation between you and your people under a heavier censure than which I am perswaded no Gentleman can suffer Now I understand the minde of men are more incensed against me notwithstanding your Majesty hath declared that in your princely opinion I am not guilty of Treason nor are you satisfied in your conscience to pass the Bill This bringeth me into a very great strait there is before me the ruine of my Children and Family hitherto untouched in all the branches of it with any foul crimes Here is before me the many ills which may befall your sacred person and the whole Kingdom should your self and the Parliament part less satisfied one with the other than is necessary for the preservation of King and people Here are before me the things most valued most feared by mortal man Life or Death To say Sir that there hath not been a strife in me were to make me less than God knoweth mine infirmities give me And to call a destruction upon my self and young children were the intentions of my heart at least have been innocent of this great offence may be believed will finde no easie content to flesh and bloud But with much sadness I am come to a resolution of that which I take to be best becoming me to look upon that which is most principal in it self which doubtless is the prosperity of your sacred person and the Common-wealth infinitely before any private mans interest And therefore in few words as I put my self wholly upon the honour and justice of my Peers so clearly as to beseech your Majesty might please to have spared that Declaration of yours on Saturday last and intirely to have left me to their Lordships So now to set your Majesties conscience c. at liberty I do most humbly beseech you for the preventing of such mischief as may happen by your refusal to pass the Bill by this means to remove praised be God I cannot say this accursed but I confess this unfortunate thing forth of the way towards that blessed Agreement which God I trust shall for ever establish betwixt you and your Subjects Sir my consent herein shall more acquit you to God than all the World can do besides To a willing man there is no injury done And as by Gods grace I forgive all the World so Sir I can give up the Life of this World with all chearfulness imaginable in the just acknowledgment of your exceeding favours and onely beg that in your goodness you would vouchsafe to cast your gracious regard upon my poor Son and his Sisters less or more and no otherwise than their unfortunate Father shall appear more or less guilty of his death God long preserve your Majesty Your Majesties most humble and faithfull Subject and Servant STRAFFORD Tower May 4. 1641. But then this Letter you see was dated five days before the ninth day of May which was Sunday So that the account stands thus Saturday May the first the Kings Speech to both the Houses in defence of the Earl of Strafford Munday 3. The Tumult of the Citizens at Westminster crying out for justice against the Earl Tuesday 4. The said Letter was writ from the Earl to the King mentioning the Kings Speech on Saturday last Wednesday 5. The Lords laid aside the Bill of Attainder because it brought the King in as a Judge and consulted to fall upon several Articles of his Accusation Thursday 6. The Lords voted him guilty of high Treason and the Commons as busie about the Bill for continuation of the Parliament Saturday 8. Both Bills were presented to the King who promised his Answer on Munday after Sunday 9. The conference with the Bishops At the close of which and at parting at night the Bishop of Lincoln having gotten that Paper-promise under the Kings hand from the Lieutenant of the Tower or from that other person sent it or put it into the Kings hands These passages made it late on Sunday night And the next morning Munday the tenth of May he was solicited early from both Houses with those two Bills which the King signed and commissioned the Earl of Arundel the Lord Privy Seal the Lord Chamberlain and others for the passing of them the one for the continuation of the Parliament during the pleasure of the two Houses the other the Bill of Attainder against the Earl of Strafford at one time the same instant with the same Pen and Ink the King lost his Prerogative and Strafford's life also Corruptio unius generatio alterius But because we may not censure without the Book see what the King says giving his Reasons which enforced him to the signing of both these Bills and first as in order upon his passing the Bill for the Triennial Parliament and after settling this during the pleasure of the two Houses THat the world saies the King might be fully confirmed in My purposes at first to contribute what in Iustice Reason Honour and Conscience I could to the happie success of this Parliament which had in Mee no other design but the General good of My Kingdoms I willingly passed the Bill for Triennial Parliaments which as gentle and seasonable Physick
against their House and Privileges and the Vindication also of divers Members thereof in this Declaration Whereupon we declare that if any person shall arrest either of them or any Member of Parliament by any Warrant from the King onely is guilty of the Breach of the Privileges of Parliament And whereas by several Examinations taken the seventh of this instant January before the Committee in London it did appear that many Souldiers and Papists to the number of five hundred armed came with his Majesty on Tuesday last the fourth of this present to the House c. We do declare that it was a traiterous Design against the King and Parliament And whereas they the said Members did with approbation of the House absent themselves since which time a printed Paper in the form of a Proclamation dated the sixth of this instant issued out for their apprehending and Imprisonment We do declare that the said Paper is false scandalous and illegal and that notwithstanding they may and ought to attend the service of the House And we do declare that the publishing of several Articles of High Treason against them was a high Breach of the Privileges of Parliament a Scandal to his Majesty and Dishonour to the said Members which cannot be sufficiently vindicated unless his Majesty discover the Names of such persons who advised him thereto that they may receive condign punishment This House declaring that all such persons c. are declared publick Enemies to the State c. During these passages a tumultuous Number of common persons came to Westminster out of the City offering violence upon the persons of sundry Bishops going and coming out of the House of Peers which extremely deterred them from their future attendance there whereupon they petition the King and protest That whereas the Pâ—titioners were called up by Writ to attend in Parliament and have a clear and indubitable Right to vote in Bills and other matters debated and ought to be protected They protest before God that they are most willing to do their Duties there accordingly That they abominate all Actions or Opinions tending to Popery all Propensions or Inclinations to any Malignant party or any other partie to which their Consciences sâ—all not move them to adhere That they have been many times menaced affronted and assaulted by Multitudes of people in their coming to do their service to the Parliament and lastly chased away in danger of their Lives without any redress of their Complaints to both Houses c. They do therefore in all Duty and Humility protest before your Majesty and the Peers in Parliament against all Laws Orders Votes Resolutions and Determinations as in themselves null and of none effect which in their absence since the seven and twentieth of December have already passed as likewise against such as shall hereafter pass in that most honourable House during the time of this their forced and violent absence c. and humbly beseech his Majesty to command the Clerk of that House of Peers to enter this their Petition and Protestation Signed John Ebor. Thomas Duresm Robert Covent Lich. Jos Norwich John Asaphan Gul. Ba. Wells Geo Hereford Rob Oxon. Mat Ely Godfr Glouâ— Jo Peterburgh Mar Landaff This fell out as many would have it a leading case to their confusion wherefore the Lords on the thirtieth of December desire a Conference touching matters of high and dangerous consequence where the Lord Keeper told them That this Petition and Protestation of the twelve Bishops is extending to the deep entrenching upon the Fundamental Privileges and being of Parliaments And therefore it was resolved hereupon to accuse them of high Treason and Master Glyn sent of the Arrand to the Lords and to sequester them from Parliament and to be put in safe custody to make good their Answer to the Commons charge and so they were instantly by the Black Rod to be apprehended and were all by eight a clock at night brought on their Knees to the Lords Bar and ten of them committed to the Tower and two of them in regard of their age and the worthy parts of one of them the learned Bishop of Durham were committed to the Black Rod. Then the House of Commons pretending hazzard to their persons upon the late Assault of the King and his Retinue they sent a Message to the King for a Guard To present to his Majesty the just Fears of Designs and Practises to destroy them by a Malignant party in the Face and at the Doors of the Parliament and at your Majesties own Gates c. They humbly desire therefore to have a Guard out of the City of London commanded by the Earl of Essex Chamberlain of your Majesties Houshold And to this end they humbly desire a gracious and speedy Answer because theirs and the Kingdoms safety depends upon it and will not admit of any Delay The King gives Answer That with great grief of heart after their twelve Moneths sitting wherein they have obtained those things for their security and happiness as no Age can equal they should now be disturbed with Ielousies Distrusts and Fears protesting before God that had he any knowledg or belief of the least Design in any of violence against them he would pursue them to condign punishment with the same severity as the greatest Attempt upon his Crown Engaging solemnly the Word of a King that their security from violence shall ever be his care as the Preservation of Himself and Children And if this general Assurance shall not suffice He shall command such a Guard to wait upon them as he shall be responsible for to God who hath encharged him with the Protection of his Subjects There the City taking heart and hands with the House of Commons summon a Common Council where they debate the Jealousies and Fears possessing them and draw up a Petition To the Kings most Excellent Majesty Wherein they represent their Dangers and Distractions by the bloudy Rebellion in Ireland fomented and acted by Papists and of their Designs foreign and at home tending to the ruine of the Protestant Religion The putting out of persons of honour from being Constable of the Tower and the preparations there made the fortifying of White-hall the late Discovery of divers Fire works in the hands of a Papist His Majesties late manner in the House of Commons The effects of which just Fears overthrow the Trade of this City to the utter ruine of the Protestant Religion and the Lives and Liberties of the Subject And pray that by the Parliaments advice the Protestants in Ireland may be relieved the Tower be put in the hands of persons of trust a Guard appointed for the safety of the Parliament and that the late five Members may not be restrained nor proceeded against but by the Privileges of Parliament The King wondring at the wisdom of the City to be lead into the conceit of Fears and Jealousies upon such slender devised Grounds having
proclames that by the last Act of this Parliament concerning Tunnage and Poundage It is there provided that no penalty in that Act or in 1 Iac. shall ensue to any person unless they refuse to compound for any Goods imported or exported after notice given of the same by Proclamation where the said Goods are to be entered And now declares that they pay the said Tunnage and Poundage as by the said Acts are expressed c. at York March 24. with which we end our English affairs for this year The Earl of Northumberland being Admiral and indisposed the King had commanded Sir Iohn Pennington Vice-admiral to take the charge of this Summer Fleet for the Narrow Seas and the Parliament as earnestly recommend the Earl of Warwick for that service inclosing their Message in a piece of Paper within a Letter to the Lord Keeper Littleton of the 28. of March neither by way of Petition Declaration or Letter it being also the first time that ever they took upon them the nomination or recommendation of the chief Sea-commanders and it adds to the wonder being that Sir Iohn Pennington was already appointed by the King for that service and indeed by mediation of the Admirals infirmity without any fault of exception And although he were not appointed nor through some accident might not be able to perform that service yet others of the same profession are so well known to the King that the recommendations of that kinde would not be acceptable and so was the Earl of Warwick absolutely refused The Assizes holden at York and the Gentry Ministers and Free-holders being assembled they most humbly shew to the Kings most excellent Majesty their souls piercing anguish proceeding from the general Distractions of this Kingdom somewhat eased by the comfort of his presence and gracious confidence in the affections of this County Yet the fellow-feeling of the passionate sorrow of the other parts of this Kingdom do inforce them after the tender of their Lives and Fortunes for the safety of his Person Crown and Sovereignty to follow that sacrifice of duty with their Prayer and Petition which shall not cry for help of particular Distractions naming all they could reckon up since his own Declaration in those particulars renders it an unpardonable crime in them to supect his words sacred before God and man But emboldened by the Oracle of Truth that a divided Kingdom cannot stand and his Majesty best acquainted with the means of prevention of danger that he will please to declare the Expedients which may take away all misunderdings betwixt him and his great Council to whom they will also address their endeavours to beget in the King a confidence in their Councils and blessed union necessary to this perplexed Kingdom April 5. To this so humble and hearty Address the King could not hold off their Expectations but suddenly told Mr. Sheriff and the Gentlemen that he believed they expected not a present Answer onely in the general and upon the sudden he sees he is not mistaken in the confidence of their affections nor will he deceive their expectation from him He observes their Petition modest not for themselves in particular and therefore he puts them in minde of three things for their good 1. He will reduce their Trained Bands into a lesser number as they shall shew him the way 2. To advise him to complie with the engagements for to pay them their Arrears for Billet-money and had the Water gone to the right Mill they had not wanted it now 3. For the Court-judicature of York of which he assures them he knows no legal dissolution thereof nothing as yet appears to him directly or indirectly so that it is but shaken not dissolved and if they shall advise the way of setlement thereof for the Northern parts they shall not blame him if they fail and refers them to a day or two for a full answer to all And assured them That as to the Praier of their Petition which included the rest the onely way of good understandings is for the Parliament to consider of his Message the twentieth of January last that the Militia be setled by Act of Parliament explained in his Answer to their Petition of the six and twentieth of March last and wishes them in those to applie to the Parliament for the good of all c. April 7. The King most intent to reduce Ireland by his Message to the Houses offers his own person with these Propositions That he intends to raise his Guard by Commissions out of the Counties near Chester two thousand Foot and two hundred Horse to be there armed from his Magazine at Hull and those to take the Oath of Supremacie and Allegiance The charge of raising and paying them shall be added to the Parliaments undertakings for that War which if too great the King will sell or pawn his Land or Houses Towards which as he hath already writ to Scotland to quicken their Levies for Ulster so he wishes the Parliament to hasten theirs for Munster and Connaught And hath prepared a Bill by his Atturney concerning the Militia for the good of all if received if refused he calls God and the World to judg between them To this the Parliament never returned answer But before the ninth of April some Members of the Commons House had subscribed in pursuance of the Act of Parliament for the reducing the Rebells of Ireland and subsigned unto sixty thousand four hundred and fifty pounds but how or when paid I do not finde The County of Bucks lend freely six thousand pounds upon the said Act for Ireland with great thanks to that County and with promise of very high acceptation if other Counties will part with their moneys so freely which shall be repaid them out of the Bill of four hundred thousand pounds to be raised for that service but how or when repaid I finde not The Parliament apprehending the Kings desire to lay hold on the Magazine at Hull pretend great necessity of Arms and Ammunition at the Tower of London being much diminished from thence by Supplies to Ireland and desire to have it lodged here in more safety than Hull and with easier transport for Ireland And to sweeten it to the peoples apprehension this Petition is accompanied with a charitable Prayer that the Reprieve of six Priests in New-gate may be taken off and they executed This Design concerning Hull presaged the cause of much mischief the ground of war and the first eminent effects of their power in the Militia and therefore the King returns to them a sharp Answer Rather to have an Account from them why a â—arison was placed there without his consent and Souldiers billeted without Law and express words of the Petition of Right than to be moved to remove his Magazine without reason or judgment He would know why his own inclination on the general rumour of Papists was not as sufficient for him to put the
command upon a person of unquestionable sufficiencie into a Town and Fort and Magazine of his own and yet they to be so bold as to commit it without his consent to Sir John Hotham but is confident it shall be rendered to him when he is pleased to require it and so to dispose of the Magazine as shall be fitting in some proportion not altogether and hopes that they will not do here as they have done in the Militia petition him and make themselves the Carvers and tells them that if they shall attâ—mpt any thing herein without his consent he will hold it as an act of violence against him and so declare it to all the world And for the six Priests Reprieve the time being out he leaves them to the execution of the Law And refers them to Mr. Pym's Speech against the Earl of Strafford for preservation of the Law which he wishes them to peruse and not to infringe it themselves The Parliament seeing the King bent to his personal Voyage into Ireland and to dispose of affairs accordingly to put him off from that Design they petition him with Reasons not to enterprize such a Journey for the hazzard of his person and interruption of the proceedings of the Parliament here And conclude that they cannot consent to any Levies but such as they shall advise and direct if otherwise raised they must interpret it to the terrour of the people and suppress it and to refâ—se to submit to any Commissioners which the King shall chuse but to govern in his absence by consent of Parliament so praying him to desist from any such Design in the end of all they counsel him to come home to them c. It was sufficient they discovered themselves each to other for it was not likely the Parliament would trust the King with an Army that might be no boldness in them to disswade but to tell him how they would govern themselves and his people not to submit to any Commissioners in his absence that was strange indeed To which the King replies That he looks upon them as his great Council with great regard but yet upon himself as not deprived of his understanding or divested of any right he had before the Parliament sate he called them by his Writ and Authoritie to give him counsel but did not resign his interest and freedom nor will subject himself to their determinâ—tions nor hath he dissented at any time without his Reasons given with candour and conscience and however a major part may binde them in matter of opinion yet he holds himself free to dissent from them And as that part of their Petition which pretends to carry reason doth not satisfie so the other part rather reprehension and menace than advice cannot stagger him who is content to expect the event of their undertaking and care therein And for many other expressions in the Petition he forbears to take notice or to answer lest being tempted in a just indignation to express a greater passion than he is willing to put on But indeed so forward he was in the Design that the Lords Justices and Council in Ireland having a hint of his desire return his Majesty an Answer to his of the thirteenth of April inclosing his Message to his Parliament there which Letters and Message being instantly printed as it was commanded they all cast themselves at his feet for this high addition to all former gracious favours in not sparing the hazzarding of his sacred person for suppression of this hideous Rebellion rejoycing even in the midst of those calamities to receive assurance of his princely purpose therein and hold it agreeable to his resolution and their duty to acquaint him with the estate of his affairs there by Letters to Mr. Secretary Nichols That so he may appear there in that majestie which is sutable to the greatness and wisdom of a mightie King as God hath appointed him who bless him with glorie honour and eternal happiness Dublin April 23. 1642. Signed Will. Parsons Io. Burlace Justices and all the Council there This was welcome to the King and sutably they subscribe Your Majesties humble and obedient loyal and faithfull Subjects which was published here in Parliament and canvased too not with over much thanks to the Irish Commissioners and Council there who finding the Earl of Leicester their designed Deputy to be so long loitering and held so here against the Kings desire they promoved this his Majties royal undertaking with all possible instances of advantage to those Irish affairs But it must not be and so the King declining it the Parliament were put forward to their own proceedings therein which went on but lamely for a long time being retarded untill the Parliament should be better assured of the right to the Militia To which purpose a Question was started How Laws are to be understood and obeyed Which were answered and printed to the Parliaments advantage Whether the claim of the Kings disposing of the Militia be in him It was answered Rebus sic nolente Rege it is in the Parliament And the Reasons were these In Law an equitable and literal sense The King intrusted with the Militia for the people against a foreign invasion or domestick rebellion never to intrust him against themselves so that when there is an appearance of the letter against the equitie publick good then the commander is to be disobeyed by the commanded For the Law abstract from reason and end is as a bodie without a soul and the execution accordingly is the spirit that gives life the letter kills Instanced in the trust of Militia of an Armie to a General not to turn the Cannon against his own Souldiers though not so conditioned and they may disobey not binding them to cut their own throats or their companies If otherwise the legal and mixt Monarchie is the greatest Tyrannie as conferred legally when the other that rules by will and not by law are Tyrants by force and so justifie an arbitrarie tyrannie legal not assumed Herein the instance of a General is the Argument but how reasonable and justifiable may it be when an Armie mutinie the Commander may and ought to suppress by force of Cannon no doubt and so unquestionably may a Monarch if the established Laws be disobeyed he may reduce them by force All Laws may be laid aside if such seditious and treasonable distinctions to withdraw the Subjects obedience be suffered Indeed the Doctrines of this nature were then frequent discourse in Pulpits and Prints That humane Laws do not binde the conscience There needs no more to dissolve all civil Government and peace of a Kingdom And therefore the King in much regret requires the House of Peers to use all possible diligence to have the Authour found out and punished but nothing was done being there fomented April 22. The Magazine of Hull under Sir Iohn Hotham command by authority of Parliament and like enough now to be
to the King disarmed the wel-affected to the King in that Town And that the Earl of Warwick contrary to the Kings command under his hand being legally discharged of any conduct of his Majesties Ships hath taken upon him to dispossess the King of his Navy and imployed them against him and imprisoned divers of his Majesties loyal Officers and Subjects And therefore the King is resolved with Gods assistance to force Hotham and all other his Assistants in this his treasonable defence and invites all his good Subjects to assist him in this his resolution Dated at Beverley the eighth of Iuly Three daies after the Parliament Resolve That an Army shall be raised for defence of King and Parliament and of all such as obey the orders of both Houses That the Earl of Essex shall be the general and they to live and dy with him and that a petition should be sent to the King by the Earl of Holland Sir Iohn Holland and Sir William Stapleton to Beverley and that the Earl of Bedford be General of the Horse which so troubled the Earl of Holland who was refused upon voting that it was never digested Indeed the Parliament were wary not to intrust two Brothers with Land and Sea service together The effect of their petition was to pray the King to disband all his forces which are reckoned up to be about Hull and from Newcastle Tynmouth Lincoln and Lincoln-shire to recall his Commissioners of Array and to dismiss his guards and come to his People and Parliament and hearken to their advice and then what they will do for him The King might smile at this and therefore tells them They were never unhappy in their Petitions and supplications whilst they desired the preservation of Religion the Kings Honour and the peace of the Kingdome But after their martial designs and some proceedings and effects of their forces and after their votes and raising of an Army their Generals assigned and possessing his Navy to advise him to denude himself and wait upon them is pitiful councel to which he will not submit The Parliament provide for the sinews of war to that end they declare for Lone of Money upon publique faith of the Parliament upon which and the Ministers invitations the best part of their preachings turned into perswasions and prayers to the people for their contributions and assistance that it became incredible what a mass of money plate and Ammunition was presented even at the Parliaments feet from the golden cupbords of vessels to the Kitchen-maids silver bodkins and Thimble The King had some help from the diligent indeavours of the Queen beyond Seas and out of Holland upon the pawned Jewels and at home contributions of the Lords and Gentry Loyal to his service for what was publique he gives thanks To the Vice-chancellor and all other his Loyal Subjects of the university of Oxford for the free Loan of a very considerable sum of money in this his time of so great and eminent necessity shall never depart out of his royal memory Nor is it reasonable to deny them a memorable Record for ever which in duty to them I may not do Beverley 18. Iuly From thence the King removes to Leicester summons the appearance of the Gentlemen Free-holders and Inhabitants of that County telling them of the acceptable welcome he hath found in these Northern parts finding that the former errours of his good Subjects thereabout have proceeded by mistakes and misinformatioâ—s proceeding from the deceits used by Declarations and publications of the Parliament pretended for the peace of the Kingdom which rather would destroy it To prevent their mischief he needs not ask their assistance of Horse Men Money and Hearts worthy such a Cause in which he will live and die with them Iuly 20. The Earl of Stamford Lord Lieutenant of the County of Leiceister for the Parliament had removed the County Magazine from the Town to his own house at Bradgate over which he had set a Guard or Garison against the Kings command for which he and his Adherents are by name proclaimed Traitours which troubled the Parliament and discouraged their party untill they were vindicated by a publick Declaration that being for the service of the Parliament and the peace of the Kingdom it was an high Breach of Privilege in the King and that the said Earl and his Assistants are protected by them and all good Subjects The first of August brings the King back again to Yorkshire where he summons the Gentlemen of that County tells them the forward preparations of the Parliament to a War and desires their advice what Propositions they conceive for them to ask and he to grant in reference to their and his safety and for the present desires them to spare him some Arms out of their store which shall be redelivered when his provisions shall come thither and that his Son Prince Charls his Regiment for the Guard of his person under the command of the Earl of Cumberland may be compleated The Parliament declare for the raising of all power and force by Trained Bands and otherwise to lead against all Traitours and their Adherents that oppose the Parliament and them to slay and kill as Enemies to the State and peace of the Kingdom naming such of the Kings party that were his Lieutenants of Array of the Northern Counties viz. the Earl of Northampton the Lord Dunsmore Lord Willoughby of Eresby Son to the Earl of Lindsey Henry Hastings and others of the Counties of Lincoln Nottingham Leicester Warwick Oxfordshire And for the Western Counties the Marquess Hertford the Lord Paulet Lord Seymer Sir Iohn Stowel Sir Ralph Hopton and Iohn Digby and others in the County of Somerset And to oppose these and others the Parliament doth authorize the Earl of Essex the General as also these to be the Lieutenants of several Counties viz. the Lord Say of Oxon the Earl of Peterborough of Northampton Lord Wharton of Buckingham Earl of Stamford of Leicester Earl of Pembroke of Wiltshire and Hampshire Earl of Bedford of Somersetshire and Devon Lord Brook of Warwick Lord Cranborn of Dorsetshire Lord Willoughby of Parrham of Lincolnshire Denzil Hollis of the City and County of Bristol And thus ranked they are to kill and â—lay their Enemies August 8. And the King traceth them in these steps replies to theirs and will justifie the quarrel and for that purpose published his Proclamation against the Earl of Essex the General that he is Rebell and Traitour to the King and his Crown and all Colonels and Officers under him that shall not instantly lay down are guilty of high Treason And because of their two particular Designs to march Northward against the King and others Westward to seize and force the Garison and Fort of Portsmouth therefore he commands Colonel Goring his Captain Governour there to oppose the Rebells And commands his Cousin and Counsellour William Marquess Hertford his Lieutenant General of
contrary to Almightie God and to the King that they immediately retract that mischievous illegal and unjust Order To which he expects their speedy Answer and obedience and the rather that he may be secured that such part of the four hundred thousand pounds as is or shall be collected for the Irish service may not be imployed under false pretence in a War against the King August 13. This was home close to their conscience which they retort upon the King with this Answer That his Directions to them to retract their Order is a high Breach of privilege of Parliament that his wicked Counsellours have raised this bloudie and barbarous Rebellion in Ireland that they had a Design to raise a Million of Money to suppress them but the King with-drawing into the North from his Parliament their intentions were frustrate As also to send five thousand Foot and five hundred Horse to Ireland under the command of the Lord Wharton for Relief of Munster which failing Limrick is lost and Munster in much miserie The Kings Forces so quartered in and about the common Roads to Ireland that no provision can pass by land that way that be hath recalled two Ships appointed for the Guard of those Seas that certain suits of Cloath sent towards Chester for that service were taken by the Cavaliers and the Waggon-horses And that the House of Commons apprehending the danger of this Kingdom thought it necessarie to prepare a competent Armie for defence of the King and Kingdom but in regard that the Contributions of Plate by the well-affected could not be so soon coined they made bold to borrow this hundâ—ed thousand pounds for the present And so put it to the question Whether the King and his Cavaliers or the King and his Parliament do endeavour for the best To all this though I finde no Reply yet thus much in truth may be said that though the King recalled two Ships commanded by Captain Ketleby and Sir Henry Stradling they conceal that at the same time he sent Warrant to the Downs commanding four better Ships to attend that service which Warrant by the Parliaments means could finde no obedience by the absence of which four Ships the Rebells of Ireland had opportunity to bring store of Arms and Ammunition And it is as true that at this time the Parliament seized fourty good Ships of the Kings Navy and could spare none of them for the Irish service but imployed them against the King in the business of Hull And as to their Suits of Cloaths they likewise conceal that they were taken entring into Coventry then in open War against the King where no doubt they would have been disposed amongst their Souldiers who bore Arms against him And for the Horses of Draught they were certified to be useless for Ireland and so the King kept them for his service And the Earl of Leiceister Deputy of Ireland being now with the King at Nottingham his Man Errington was sent to fetch them for the King who hastens the Deputy to his charge and sent him for London And they do not hold forth their Excuse sufficient to say that the one hundred thousand pounds was for the necessitie of their Armie in defence of this Kingdom when the Irish Army was ready to perish for want of it which they imployed together with such part of the four hundred thousand pounds Subsidy as they had received to maintain this unnatural civil War at home And to forward their Forces Sir William Brereton and others Deputy Lieutenants for the County of Chester are directed to put in execution the Ordinance of the Militia with particular Advices and Orders how they shall act in reference thereto and to suppress all other forces and meetings any way intending the contrary and that the Parliament will bear them out herein August 18. And to the Gentry of the Northern Countries they declare that notwithstanding all the Kings vowes and protestations to govern by Law to blinde and deceive the people the most mischievous principles of Tyranny are practized that ever were invented That is to disarm the middle sort of people who are the body of the Kingdome and to maintain Souldiers by forced contributions To create a provincial Government in the North and the Countries are to associate with other Counties and such as will not shall be plundered and pillaged For prevention they do promise that all well affected people so plundered shall have full reparation out of the Estates of the Actors Counsellors and out of such as are withdrawn to York or shall persist to serve the King against the Parliament with Horse Arms Plate or money who are Traytors to the King Parliament and Kingdome And thus either party having endeavoured to win upon the People by Declarations Remonstrances and Answers which rather encreased suspition and jealousies and the Subject thereby the more deceived The King most graciously observing that mistakes have arisen by Messages between them which may be prevented happily by way of Treaty and so by freedom of debate for the peace of the Kingdome sends this Message to them from Nottingham the 25. of August which was presented to the Parliament by the Earls of Southampton and Dorset Sir Iohn Culpeper Chancellour of the Exchequer and Sir William Uvedal To which the Parliament make answer That untill his Majesty shall recall these Proclamations and Declarations of Treason against the Earl of Essex and them and their adherents And untill the Kings Standard set up in pursuance thereof to be taken down they cannot by the fundamental priviledges of Parliament give his Majesty any other answer But these Messengers were not suffered to sit in the Houses And the Earl of Southampton against whom there was not the least colour of exception or so much as a vote not suffered to deliver the message but compelled to send it by the usher of the black Rod and then commanded to depart the Town before they would prepare any Answer which they sent to the King To which the King Replies That he never intended to declare the Parliament Traytors or set up his Standard against them but if they shall resolve to Treat either party shall revoke these Declarations against all persons as Traytors and the same day take down his standard But nothing prevailing they yet make reply unless He will do as they desire forsake his evil Councellors and return to them representing the whole Kingdome there being no other way in the world to make his Majesty happy and his Kingdome safe And to confirm their Resolutions and to keep up their party that began to stagger at this refusal They order and declare That the Arms which they have and shall take up for the Parliament Religion Laws and Liberties of this Kingdome shall not be laid down untill the King withdraw his protection from such persons that are and shall be voted Delinquents and shall leave them to Iustice to the end that their Estates may
at last The King in the head of his Army between Stafford and Wellington after the reading of his Orders military himself tells them Gentlemen I shall be very severe in punishing every person offending without distinction He cannot suspect their courage and resolution their conscience and loyaltie having brought them hither for their Religion their King and the Laws of the Land against their Enemies none but Traitors most of them Brownists Anabaptists and Atheists such as desire to destroy both Church and State and who have already condemned you to ruine for being loyal to him And makes this Protestation I do promise in the presence of Almightie God and as I hope for his blessing and protection that I will to the utmost of my power defend and maintain the true Reformed Protestant Religion established in the Church of England and by the grace of God in the same will live and die I desire to govern by the known Laws of the Land and that the Liberty and Propriety of the Subject may be by them preserved with the same care as mine own just Rights And if it please God by his blessing upon this Armie raised for my necessarie Defence to preserve me from this Rebellion I do solemnly and faithfully promise in the sight of God to maintain the just Privilege and Freedom of Parliament and to govern by the known Laws of the Land to my utmost power and particularly to observe inviolably the Laws consented unto by me this Parliament In the mean while if this time of War and the great necessitie and straits I am now driven unto beget any violation of these I hope it shall be imputed by God and Man to the Authours of this War and not to me who have so earnestly laboured for the peace of this Kingdom When I willingly fail in these particulars I will expect no Aid or Relief from any man or protection from Heaven But in this resolution I hope for the chearful assistance of all good men and am confident of Gods blessing Septemb. 19. And that the several Armies might not over-start each other the Parl. declares That all their Foot and Horse in London and all parts in England shall within eight and fourty hours march to their General the Earl of Essex for defence of the King and Kingdom the Privilege of Parliament and Liberty of the Subjects and such Regiments as are not four hundred and Troops not fourty shall be cashiered and disposed to recruit others excepting the Regiments of Colonel Essex and Ballard being in the States service Sept. 23. And order that Delinquents houses shall be preserved as houses of the Common-wealth for publick service or Prisons And because the Earl of Essex may be assured upon what Basis he is called to be their General they sent to him the Parliaments Petition to the King to be presented by him which tells his Majesty That his loyal Subjects the Lords and Commons in Parliament can not without tenderness of compassion behold the pressing calamities of England and Ireland by the practices of a prevailing partie with his Majestie to alter true Religion the ancient Government of this Kingdom introducing superstition in the Church and confusion in the State exciting incouraging and fostering the Rebellion in Ireland and as there so here begin the like Massacre by drawing on a War against the Parliament leading his Person against them as if by conquest to establish an unlimited power over the people seeking to bring over the Rebells of Ireland to joyn with them and all these evil Counsellours are defended and protected by him against the justice of Parliament who have for their just defence of Religion the King Crown and Dignitie of the Laws Liberties and power of Parliament taken up Arms and authorized the Earl of Essex their Captain General against these Rebells and Traitors And pray the King to with-draw his person and leave them to be supprest by this power and to return to his Parliament and that they will receive him with honour yield him obedience secure his person and establish him and his people with all the blessings of a glorious and happie Reign I cannot finde that this Petition was presented but I am assured that the General Essex twice sent to the King for a safe Conduct for those who should be imployed therein and it was refused they say to be received that humble and dutifull Petition as they stiled it 'T is strange for the King had never refused any Message or Petition from either or both Houses not onely with safety but candoâ—r when their Errand hath been full of reproach and scorn as the King says and the bringers bold arrogant seditious in their demeanour and therefore there needed to have been no more scruple in this But it was thus that the King being at Shrewsbury the Earl of Dorset receives a Letter from the Earl of Essex intimating that he had a Petition from both Houses to that purpose asking a safe Conduct for those that should be sent To whom the King answered That as he had never refused to receive any so he should be ready to give a fitting Reception and Answer to this and the Bringers of it should have safe Conduct excepting onely such persons as he had particularly accused of high Treason A fortnight after comes a second Letter to Dorset declaring That the Kings former Answer was voted a Breach of Privilege This second Answer differing but little from the former insisting That the Address should not be made by any whom he had accused of high Treason amongst whom the Earl of Essex was one but that his Ear should be ever open to hear any Petition from his Parliament Indeed the Petition was framed more fit to be delivered after a Battel and full Conquest of the King than in the Head of his Army thirty thousand men when it might seem somewhat in his power whether he would be deposed or no. For we finde the King in Wales caressing the Inhabitants of Denbigh and Flintshire Septemb. 27. And tells them That he is willing to take all occasions to visit all his good Subjects and hath cause to reckon them for their loyaltie expressed in their late Levies sent to him at their own charges against such a Malignant partie whose Designs are to destroy him his Crown Laws and Government of Church and State raising Tumults at London to drive from thence him and the greatest part of the Members of Parliament He is robbed of his Towns Forts Castles Goods Navie Revenue and at this time a powerfull Armie marching against him and among a thousand Scandals they have cast upon him the impious Rebellion in Ireland which he abhors and hath endeavoured by all possible ways and means to suppress but is obstructed by them And refers the naming of these Contrivers and their particular actions to his Declaration of the twelfth of August being supprest by them as all other his Protestations and
goodness of Almighty God Accusing that Malignant party to poison the hearts and corrupt the Allegeance of his Subjects by a false Imputation of his favouring Papists imploying them in his Army when he saith that numbers of Popish Commanders and others serve in the Army of the Earl of Essex being privately promised that if they would assist against the King all the Laws made in their prejudice should be repealed Another Scandal he mentioneth to be very senseless that the King should raise an Army against the Parliament to take away their priviledges when in truth it is raised to have some particular Members of this Parliament to be delivered up to Iustice. He being as tender of their priviledges and conform thereto which his Army never intends to violate That the Parliaments Army is raised to Murther and depose the King to alter the frame of Government and the established Laws of the Land That the greatest part of the Parliaments Members are driven away from their Houses by violence That the Book of Common Prayer is rejected and no countenance given but to Anabaptists Brownists and such Schismaticks That the contrivers hereof endeavour to raise an Implacable malice between the Gentry and the Commonalty of the Kingdome A common charge upon the King it had been and so continued to the end of his publique Actings That he favoured Papists and entertained them in his Army and so they were and might be in both subtilly and cunningly by practice on both sides conveyed thither under the masque and profession of Protestants which is a truth of no great wonder and yet in general those of Lancashire Recusants petition the King That being disarmed and so not able either to defend his Royal Person according to their duties nor to secure themselves and families they may be received into his gracious protection from violence being menaced by all kindes of people to whose malice they are subject and must submit And indeed great and heavy pressures were put upon them by both Armies notwithstanding Orders and Declarations to the contrary had been published by either Army And hereupon the King had given Warrant to Sir William Gerard Baronet Sir Cicil Trafford Knight Thomas Clifton Charls Townby Christopher Anderton and Io. Clumsfield c. Recusants in the County of Lancaster That although by Statutes all Recusants convict are to be disarmed to prevent danger in time of peace but now Armies being raised against the King and his Subjects are by them plundered and robbed and their Arms taken and used offensive against his Person His will and command therefore is and they are charged upon their Allegeance and as they tender the safetie of his Person and the peace of the Kingdom with all possible speed to provide Arms for themselves servants and Tenants during the time of open War raised against him and no longer to keep and use for his defence Yet the Parliament prepare Heads of an humble Address unto his Majesty for composing difference and â—â—â—ling a Peace but withall to prevent mis-constructions whereby their just defence may be hindered they do declare That their preparations of Forces for their defence shall be prosecuted with all violence And accordingly Letters are directed from the Lords To the Right Honourable the Lord Viscount Faulkland principal Secretarie to his Majestie or in his absence for Mr. Secretarie Nicholas or any of the Lords or Peers attending the King Grey of Wark My Lord I am commanded by the Lords the Peers and Commons assembled in Parliament to address by you their humble desires to his Majestie that he would â—e pleased to grant his safe Conduct to the Commiâ—tee of Lords and Commons to pass and repass to his Majestie that are directed to attend him with an humble Petition from his Parliament This being all I have in Commission I rest Your assured Friend and Servant Grey of Wark Speaker of the House of Peers pro tempore Westminster Nov. 3. 1642. Which is granted so as the said Committee consist not of persons either by name declared Traitors or otherwise in some of his Declarations or Proclamations excepted against by name as Traitors and so as they come not with more than thirty persons and give notice before hand upon signification they shall have safe conduct Your Lordships most humble Servant Edward Nicholas Reading Nov. 4. Hereupon these Names are sent Algernon Earl of Northumberland Philip Earl of Pembroke and Montgomerie and four Members of the Commons Mr. Perpoint the Lord Wainman Sir Iohn Evelin of Wilts and Sir Io. Hippislie being the Committee of both Houses and desire his Majesties Pass and Repass under his Royal Hand and Signet Nov. 5. The safe Conduct is inclosed for all but Sir Io Evelin who is excepted being proclamed Traitor at Oxford and that if the Houses will send any other person not so excepted in his place His Majesty commands all his Officers to suffer him to pass as if his Name had been particularly comprised herein Reading Nov. 6. To recruit the Parliaments Army it is declared That all Apprentices that will list themselves in their service for the publick cause shall be secured from indemnitie of their Masters during their service and their time included to go on towards their Freedom and all their respective Masters are to receive them again when they shall return This Liberty made Holy-day with the Prentices and they were listed thick and threefold and now spoiled for being Trades-men ever after But it is time to consider what out dear Brethren of Scotland intended to do in this Distraction and therefore they are put in minde by a fresh Declaration of the Parliament How and with what wisdom and publick affection our Brethren of Scotland did concur with the desires of this Kingdom in establishing a peace between both Nations and how lovingly they have since invited the Parliament into a nearer degree of union concerning Religion and Church-government wherefore as the Parliament did for them a year since in their Troubles so now the same obligation lies upon our Brethren by force of their Kingdom to assist us Telling them that Commissions are given by the King to divers Papists to compose an Armie in the North which is to joyn with foreign Forces to be transported hither for the destruction of this Parliament and of Religion and Liberties of the people That the Prelatical partie have raised another Armie which his Majestie doth conduct against the Parliament and Citie of London And hereupon this Parliament desire their Brethren of Scotland to raise Forces for securing their own Borders and to assist here against the Popish and Foreign Forces according to that Act agreed upon in the Parliaments of both Kingdoms for the comfort and relief not onely of our selves but of all the Reformed Churches beyond Seas Nov. 7. 1642. The King as quick sends his Message to the Lords of his Privy Council in Scotland stating the condition between him and the
and sword he will take it for a favour but if you will not he doubts not but Gideon's Sword will do the Work alone I speak not it that I doubt you but that you would resolve that when you hear the Drums beat for it is resolved that the Drums shall beat to morrow our Drums shall beat to lead out our men and the Committees Drums shall beat to lead out their men say not I beseech you I am not of the Trained Band nor this nor that but doubt not to go out to work and fight couragiously and this shall be the Day of your Deliverance However on Friday the eleventh of November the King at Colebrook receives a Petition from the Parliament by the two Earls and Gentlemen named in the Conduct and not Sir Io. Evelin To the Kings most Excellent Majestie The humble Petition c. of the Lords and Commons in Parliament c. Being affected with a deep and piercing sense of the Miseries of this Kingdom and the Danger of your Majesties person the great effusion of Bloud with the late Battel and weighâ—â—g the addition of Loss and Miserie if both Armies should again joyn in another Fight as without Gods blessing and his Majesties concurrence will not probably be avoided to which they believe his Majestie hath a sutable impression of compassion to accept of this their Petition and to appoint some convenient place not far from London where your Majestie will be pleased to reside untill Committees of Parliament may attend with some Propositions to your Majestie for removal of these Distempers as may conduce to Gods glorie c. The King liked this Petition of an humble nature unlike their late Papers presented to him and the next day gives this gracious Answer He takes God to witness how deeply he is affected with the Miseries of this Kingdom which he hath striven to prevent and as he was not the first that took up Arms so he hath been ready of composing all things in a fair way to avoid the Destruction of his Subjects which would always make his greatest Victories to him c. And to that end he will reside at his own Castle at Windsor till Committees may have time to attend hiâ— which he wishes to be hastened either there or if it be refused any other place and God of his mercie give a blessing Nov. 12. But the same night after the Messengers were gone News came to the King that General Essex had drawn his Forces with his Ordnance out of London towards him and so he being almost surrounded some at Windsor Kingston and Acton if Brainford were possest likewise the King would be hemm'd in and his Army deprived either of moving or subsisting and so a Council of War concluded to advance towards Brainford and either to possess it or to repossess them which he did and many slain The King withall considered that it could not reasonably be esteemed an Aversion from Peace or an Intention to interrupt the Treaty then in expectation since on the other side he had cause to believe that if he would not preserve himself out of their power the very possibility of a Treaty would vanish And indeed willingness to receive a Treaty was never held to amount to a suspension of Arms otherwise why did Essex incompass him on all parts to Colebrook Towns end And there being no word of Suspension of Arms in all the Kings Answer nay since in that by wishing their Propositions to be hastened he implied that by this Arms were not suspended And most of all since the Parliaments Votes of proceeding as hath been said vigorously notwithstanding their Petition and their own actions sending after their Messengers great store of Forces evidently implied the same The King being resolved upon Reasons that his Advance was just yet he endeavoured to satisfie the Parliament that Peace was still his desire by a Messenger but so ill received as he and his Trumpeter were like to kiss the Gate-house The Message was thus Novemb. 12. Whereas the last night November 11. after the departure of the Committee with his Majesties Answer to their Petition he received information that the Earl of Essex had drawn his Forces out of London towards him which hath necessitated him to march with his Forces to Brainford he thinks fit hereby to signifie that he is no less desirous of the peace than he exprest in his foresaid Answer and desires to receive the Propositions of Brainford this night being Sunday or early to morrow morning And another Argument for the King is that so soon as the Earls Forces were removed from Kingston before any Forces appeared out of London the King gave order to quit Brainford and to possess Kingston And the success to the King was answerable to his just intention God being pleased to assist him by Land and Water so as with a third part of his Foot and with the loss but of ten Men to beat two of their best Regiments out of Brainford to kill him that commanded in chief and his Ensign Ralph Wilbie a hopefull Gentleman at the very Bridg and many others by land and water took five hundred Prisoners and as many Arms eleven Colours and store of Ammunition fifteen Pieces of Ordnance and then unfought with to march away to Oatlands Reading and so to Oxford And upon all this the Parliament voted to have no Accomodation although the King concluded That God so bless his future Actions as he is excusable and innocent from any deceit herein The Parliament in their Answer to the Kings Message do confess That they gave direction to the Earl of Essex to draw the Armie out of London and that part of it was inquartered at Branford whilest the Committee was with the King And they excuse it belike confessess to themselves of just Exceptions that they sent a Messenger with a Letter to know whether his Majestie intended forbearance of Hostilitie be found them in fight and could not pass Brainford The King replies That his Message of the twelfth though not received by the Parliament till the fourteenth was sent to them upon the same Day as it was dated and the way not clear was again sent upon the thirteenth and taken that morning by the Earl of Essex and though not directed to him was opened by him so as the slowness of the deliverie is not so strange as the stop of the Letter sent by the Parliament to the King which he never received and the King could not suppose to take any of the Parliaments Forces unprovided who in their March to Brainford might as well have been intended to Colebrook upon the King And indeed take other Observations to boot The Parliaments printing so out of time of such a Declaration as was their Reply to the Kings Answer to theirs of the six and twentieth of May but the day before they voted the sending of a Petition and the March of the
Earl of Essex to Brainford so near the King and if peace had been intended by the Parliament it would be conceived more proper to have sent to the King rather a Paper of just Propositions than an unjust Accusation of his Councils proceedings and person And his Majesty sent them word that he intends to march to such a distance from London that may take away all pretence of apprehension from his Armie that may hinder them from yet preparing Propositions of peace to present him and thereby to receive them or end these pressures and miseries I am the more curious in the controversion of this Accident to relate the Narrative and leave the Censure to the Readers impartiality And now again the four and twentieth of November the Parliament with their old Mode petition the King to return to his Parliament with his Royal not his Martial Attendance and they shall be ready to give him Assurances of such security as may be for his honour and the safety of his person To which the King answers with so much reason confuting their pretended loyal desires by the effects of their violence against him from the first of their Petitions of this kinde remindes them of their pretensions and of his candid and gracious offers and actions wishes that his Declarations Protestations Messages Answers and Replies to the Parliament were ingenuously published by them to undeceive his people abused into misbelief of him and his best actions and so returns to Reading The effect of all this intended Address for Accommodation rather increased a more desperate Division between the King and Parliament by a far stretched exasperating Relation styling it The barbarous and cruel passages of the Kings Armie at Brainford The Preamble belcheth out such unnatural inhumane and strange cruelties which send forth a voice and that voice so loud that it awakes even secure mankinde and stirs up their bowels to an inflamed and united indignation like the divided pieces of that woman abused to death c. There was no such deed done nor seen from the day that the children of Israel came out of Egypt c. It is a Lamentation and to be taken up for a Lamentation no such thing hath been done since England came out of the Egypt of Rome Acts so far out of ken and view of Christianitie that they are void of humanitie yea short of the nature of wilde beasts c. And a great deal more of such stuff that a man might be amazed to finde the Parliaments Order for the speedy imprinting it Nov. 24. Then follows the Relation so poorly penned so short of expectation so pitifully expressed and yet so far differing from the truth being within the ken of last days remembrance that in earnest I need not confirm it with Rhetorick that these times took up a liberty to amaze the people with even Impossibilities which yet were believed Some reputation the Kings successes here took with his Friends beyond Seas that by a Letter written from the Hague to Secretary Nicholas intercepted and read in the House it appears what effect it wrought Which successes of the King hath supported our credits here says the Letter that the Prince of Orange hath advanced all those sums we are to expect from him of which twenty thousand pounds are sent towards you as much to New-castle and as much at least we bring with us besides the great business we expect a final end of this day which will advance sixty thousand pounds more We have sent over ten thousand Foot Arms two thousand Horse Arms twenty Pieces of Canon we bring over Wagons and all Accommodation to march so soon as we arrive with considerable Officers from hence and by the advice we receâ—â—â— from that side there are eight thousand Foot already six Troops of Horse and the rest will not be long a raising after we come there General King is designed for Lieutenant General he hath been with the Queen and will be suddenly there From Denmark are likewise sent Arms for ten thousand Foot and two thousand five hundred Horse with a Train of Artillerie and every thing proportionable to the very Drums and Halberds Two good Men of War come their Convoy and in them an Ambassadour to his Majestie a person of great qualitie from Denmark Cokram comes along with him We have great apprehensions here intimated by my Lord of Holland of a Treatie entered into c. Hague Nov. 22. 1642. And this supposed to be from Colonel Goring or rather so set out by the Parliament for at the publishing of this Letter they shew so much Danger as necessarily to require thirty thousand pounds to be lent by the City on Tuesday next that the Ministers are required to stir up their Parishioners and the Church-wardens to assemble their Parish to morrow after Sermon and on Munday next the Money is to be brought in at Guild-hall which they shall raise of Contribution From Saturday to Tuesday thirty thousand pounds Loan and God knows how much Church-offerings and all upon a ranting Letter made up for that purpose 'T is true that afterwards supplies of Arms and Money did arrive but as yet no certainty but by intelligence from beyond Seas which you see did their work in earnest for borrowing Money Since the first of December to the tenth the state of the military affairs in the North stand thus the Earl of Newcastle for the King came to York and joyned his Forces to the Earl of Cumberlands making in all eight thousand Horse and Foot of which there are above two thousand Horse Dragoons a strength too potent to be resisted by the Lord Fairfax who now had Commission for the command of the North for the Parliament for upon Newcastle's coming over the Tees Sir Edward Loftus with all the Richmondshire Forces and Sir Henry Anderson with those of Cleveland about a thousand returned home to their houses so that the whole strength of the North is but one and twenty Companies of Foot and seven Troops of Horse and one Company of Dragoons That Captain Hotham is made Lieutenant General under Fairfax and the rest with Fairfax at Tadcaster but both of them joyned upon the coming of the Earl of Newcastle to Tadcaster where the several Forces encounter from eleven a clock till four in the evening in a sharp dispute the Earl had won part of the Town beaten Fairfax's men and placed some Companies in several houses which were forced back again to a Retreat and an hundred slain and seventeen Prisoners The Parliament party lost but six men they say and Captain Lister shot into the head and twenty more desperately wounded but not being able to sit it out for a second Encounter the Lord Fairfax quitted the Town and marched to Cawood and Selbie to receive Supplies dividing their Army into those places From Selbie Sir Thomas Fairfax is sent with five Companies and two Troops to Leeds but was forced back again That the
the Breaches of the State without the Ruines of the Church as I would be a Restorer of the one so I would not be an Oppressor of the other under the pretence of Publick Debts The Occasions contracting them were bad enough but such a discharging of them would be much worse I pray God neither I nor mine may be accessory to either And now dies Mr. Iohn Pym a Member of the House of Commons and a notable stickler for the Parliament he was ever observed to be an high Prebyterian in profession whose subtilty managed the most of their publick affair and ended his days when he had wrangled for the Mastery and left all in great doubt which party might overcome not without some regret and repentance they say that these Differences which he hatched should prove so desperate as he now too late fore saw would undo this Nation In the midst of May it was that Colonel Nath Fines Governour of the City of Bristol had discovered a Plot of the Inhabitants to betray the Town which after much Examination lighted upon Robert Yeomans and George Bourchier who had secretly provided themselves of Arms intending to kill the Centinels by night and possess the Main Guard whereby to master the greatest part of the other side within the Town to kill the Mayor and many others affected to the Parliament and by that means to betray the City to the Kings Forces which should lodg near hand for that purpose two miles off but the Plot pretended was discovered and those men condemned by a Council of War to be hanged This was known at Oxford whereupon the Kings Lord Lieut. of all his Forces the Lord Ruthen lately made Earl of Forth writes to the Governour of Bristol I having been informed that lately at a Council of War you have condemned to death Robert Yeomans late Sheriff of Bristol who hath his Majesties Commission for raising a Regiment for his Service William Yeomans his Brother George Bourchier and Edward Dacres all for expressing their loyalty to his Majesty and endeavouring his Service according to their Allegeance do therefore signifie to you that I intend speedily to put Mr. George Mr. Stevens Captain Huntley and others taken in Rebellion at Cirencester into the same condition I do further advise you that if you offer by that unjust Iudgment to execute any of them that those here in custodie must expect no favour or mercie At Oxford May 16. 1643. To the Commander in chief of the Council of War in Bristol Forth The Answer comes from the Governour Colonel Nathaniel Fines and the Council of War at Bristol in effect That if you shall not make distinction between Souldiers of Arms and secret Spies and Conspirators we will not onely proceed against them but others and if by any inhumane and unsouldierlike Sentence you shall execute those persons you named then Sir Walter Pye Sir William Crofts and Colonel Connesby and others whom we have here in custodie must expect no favour or mercie May 18. 1643. Nath. Fines President c. To Patrick Earl of Forth Lord Lieutenant General And so notwithstanding the Kings Letter also to the Mayor and Citizens in their behalf Yeomans and Bourchier were hanged May 30. There was a Plot discovered at London the last of May against the Cities of London and Westminster and by consequence the whole Parliament the chief of the Conspiracy were Mr. Waller a Member of the House of Commons Mr. Tomkins his Brother in Law and lately Clerk of the Queens Council Mr. Chaloner Mr. Hasel Mr. Blinkhorn Mr. White and others As for the Plot we have ravelled into the search of the truth but must take it from the Parliaments Declaration That they should seize into their custodie the Kings Children some Members of the Parliament the Lord Mayor and Committee of Militia all the Cities Out-works and Forts the Tower of London and all the Magazines Then to let in the Kings Forces to surprize the Citie and destroy all Opposers and to resist all payments of Taxes And much heartened they were by a Commission of Array sent from Oxford at that time and brought secretly by the Lady Aubigne Daughter to the Earl of Suffolk Widow of the late Lord Aubigne wounded at Edg-hill and died at Oxford the thirteenth of Ianuary This Commission was directed to Sir Nicholas Crisp and divers others This Plot was discovered the last of May. They were arreigned in publick at Guild-hall and all those four named condemned onely Tomkins and Chaloner executed the first 〈…〉 Door in Holborn the other in Corn-hill but the chief Conspirator Waller was by General Essex reprieved imprisoned a twelve-moneth in the Tower and after for a Fine of ten thousand pounds pardoned and for shame sent to travel into France The reason is much studied for satisfying the World why he the chief Actor the other but brought in by the by should receive such partial Justice because he was ingenious and confessed all and Mr. Pym had engaged his promise for his Life but certainly the most evident Reason is very apparent his great Sum of Money paid down and belike his ample confession of the particulars which the other at their death did not acknowledg Iuly 5. The Parliament having been put to it in want of the great Seal of England now at Oxford for confirmation of their Acts and Ordinances it had been oftentimes disputed and committed the making of another Seal for the use of the Parliament yet deferred the times not â—itted for so great a business the renewing of the Treaty being offered at on both sides But now the Parliament pass four Votes 1. That it is necessary the Great Seal to attend the Houses 2. That there hath been a failer of it at this Parliament 3. Much prejudice to the King Parliament and Kingdom 4. That the Houses ought to provide a Remedie thereof for the time to come Afterwards they made an Order That if the Lord Keeper Littleton upon Summons did not return with the great Seal within fourteen days he should lose his Place and whatever should be sealed therewith by him after that time should be null and vacate in Law A worthy Member desired the Serjeant at Law that ordered the Ordinance not to wade too far in the business before he did consult the Statute of 25 Edward 3. where Counterfeiting the Great Seal is declared high Treason To which the Serjeant replied That he purposed not to counterfeit the old Seal but to make a new Indeed the Parliament being the highest Court and Council had shewn their legislative power by passing Ordinances without the Kings assent to binde the Subject in the exercise of the Militia and that there wanted nothing but the executive part with a Great Seal for the administring justice in all Courts of Law and Equity which would sufficiently declare their power in all necessary Incidents of that supreme Council That since inferiour Courts had their proper Seals the
of answering these they ran quite away leaving the Field with five hundred Muskets fourteen Barrels of Pouder a whole Stand of Pikes with some Arms but their Cannon they got off This Fight lasted form two a clock afternoon till one the next morning These aforesaid we finde slain with eight Officers and some Gentlemen of note Mr. Leak Son to the Lord Daincourt found dead at day-light with his Enemies Colours about his arm Mr. Barker Lieutenant Colonel Wall Serjeant Major Lower Captain Iames Captain Chalwell and Mr. Bostard But then it is said that Waller's Foot were absolutely dispersed or cut off with great loss of Officers Horse and Foot modestly reported onely it is assured the Cavaliers kept the Field Arms and Pillage and such other signs of Victory And this was done the fifth of Iuly Whilest Waller fights their General Essex solicites the Parliament with Letters inclining to petition for a Peace which though it took well with some Lords yet being read to the Commons Mr. Vassal a London Burgess desired that their General should be pressed to speak more plainly and that if after the expence of two Millions of Treasure he had a minde to lay down Arms he should let them know it that as good a Souldier as he should take them up meaning Sir Will. Waller who was generally cried up by the City untill they heard of his Defeat near the Devises Round-way-down whither the King having sent some Troops of Horse towards the West which came within three Miles of the Devises were met with by Waller's Forces being on the Down between the Cavaliers and the Town to hinder their joyning with the rest of the Army Some Regiments of Horse on each side began the fight with equal success till Waller's Horse made â— Retreat to their Strength which lay on a Hill where he was and drew out his Foot and commanded the Onset but his Horse not enduring the hazzard left the Foot to their Enemies Sword or mercifull Quarter hundreds of them slain and more Prisoners taken four fair Brass Guns Ammunition and Baggage eight and twenty Colours and nine Corners I wonder at this Defeat for Sir William Waller had advantage of number in Men and Arms five Regiments of Foot six of Horse five hundred Dragoons eight Brass Guns It is confest that the Cavaliers were but fifteen hundred Horse additional to the other Forces with two small Pieces of Cannon And to adorn the Victory the Queen made her triumphant Entry into Oxford that day her Return from beyond Seas And on the other side to encourage Sir William Waller at this time when their Generalissimo was suspected the Parliament voted to make and confirm Leases of the Office of Botelier of England a Place of good profit and credit both The twelfth of August the Earl of Lindsey Great Chamberlain of England was welcomed to Oxford from his Restraint and Imprisonment since Edg-hill Fight being now received by the Queen Council and Court with all Expressions of Honour to him and more could not be done for the present in respect of the Kings absence at Gloâ—ester Siege The five and 20. of August the Earls of Bedford and Holland went from London towards Oxford and being gotten to Wallingford intrusted themselves with the Kings Forces untill their coming to submit to his Majesty in the mean time they are received by the Governour Colonel Blagge with honourable respect and so at last they were brought to the King professing their Duty and Allegeance and acknowledging their Errours this long time whom the King received with favour and forgiveness They held not out in this their Protestation but fled back again to the Parliament The Committees of Nottingham and Lincoln held intelligence with some Prisoners of theirs in the Marshals â—ustody at Newark whom they designed to blow up or to surprize the Magazine there whilest they had some favour and freedom of the Goaler their Letter conveyed to the Imprisoned discovers as much as will be necessary to know the men more than the matter Gentlemen and Prisoners for the Lord Jesus our long laboured Design is now ripe Your care is expected according to your faith and promise We doubt not but the opportunity of the Liberty afforded you may advance the good Cause The Magazine is near enough to you Give notice to our Brâ—thren under the Provost Marshall Blessed is that Servant whom his Lord when he cometh shall finde so doing Matth. 24. 46. The appointed time holdeth which we hope to our hands Lift up your heads for your Redemption draweth nigh Luke 21. 28. Whereâ—ore comfort one another with these words 2. Thess. 4. 18. The rest will we set in order when we come 1 Cor. 11. 24. Greet all the Brethren 1 Thess. 5. 26. The Lord establish the Work of our hands upon us Work of our hands establish he it Psal. 90. is the Prayer of Yours in the Lord The Committee of Nottingham and Lincoln Scripture is often made use of by the Sectaries to factious and seditious ends and here to the hazzard of Murder the easiest terms I can afford them The Lecturers were the most busie meddling men even so as ever have been the Kiâ—kmen of Scotland and therefore Mr. Saltmarsh a seditious Minister contrived certain Propositions of Counsel which were read in the House amongst many were these 1. That all means should be used to keep the King and his People from sudden union 2. To cherish the War under the Notion of Popery as the surest means to engage the People 3. If the King would not grant their Demands then to root him out and the royal Line and collate the Crown upon some body else This last was too harsh to be swallowed by reasonable good men who excepted against it but Mr. Henry Martin said He saw no reason to condemn Mr. Saltmarsh adding That it were better one Family should be destroyed than many To which Mr. Nevil Pool replied That Mr. Martin might explain what One Family he meant Martin bold and beastly answers The King and his Children For which Speech before the time was ripe to discover that Secret he was voted a Prisoner to the Tower Mr. Pym himself urging upon him his extreme lewdness of life but this punishment was but to cool the heat of the House for that time for Martin was soon released upon the change of the Lieutenant of the Tower forthwith following The Recruits of the Army fell heavy upon the City of London who were caressed with all kindness to finish the Work and to set out Sir William Waller again and to win upon them Sir Edward Coniers was commanded to surrender his Lieutenancy of the Tower unto Pennington the Mayor of London and so Mistris Mayoress was quit with Mistris Ven that she should be Governess of Windsor Prison as she called it and thereby command over Souldiers which was a power she now might equal with hers
Covenant that the same be done by joint advice of the Committees of both Kingdoms and afterwards agreed upon by Votes of both Houses 3 That the Earl of Leven Lord General of the Scotish Forces in Ireland being now by the Votes of both Houses agreed to be Commander in chief over all the Forces as well British as Scots according to the fourth Article be desired with all convenient speed to nominate and appoint a Commander in chief under his Excellency over the said Forces to reside with them upon the place And a joynt Committee of both Kingdoms are appointed to reside with the said Forces and enabled with joint Instructions of both Kingdoms for Regulating the said Forces and carrying on of the war and accordingly the Committee were sent and so remained there Glocester now relieved the loss of their Enemy the Earl of Essex leaves with them three Culverins 46. barrels of powder and sets the Garison in order with the plunder provision of the Country filling their Granaries very plentifully and so departs The London Trained bands having done their work would needs go home but must pass the Kings pikes first and how their General also could escape the Kings Ingagement of a return was difficult not to be penned up in those parts and so made speed after the King who was Marched some miles before and passed by Cirencester leaving there a strong party where Essex his forlorn hope came and entred the Town whilst his Army surrounded it killed the Centry sleeping Marched up to the Market place without opposition being supposed Prince Maurice his forces that night expected entered their houses and surprized the people in their beds without any Allarm seized four hundred men and thirty Cart loads of Provision their onely support of the Souldier against the next battel at Newbery From thence Essex Marches to Chilleton the Cavaliers facing them on Mavarn hills but to amaze them Essex seems to retreat but sent out a party of horse who met and fired but were fain to wheel off with loss then the foot came on with a gallant charge accompanied with a volley of Dragoons and were answered as bravely by the King for an hour without ceasing and but time for Essex to bring on the Trained bands and Auxiliaries without any effect for night parted the fray and so from hence he Marches the next day to Newbery where the King being before hand had the advantage of the ground and planted his Ordinance with all the forces thereabouts On Wednesday the twentieth of September early as the sun the General takes a view of the Cavaliers set in Battalia at Newbery Common draws up and falls to firing for notice being brought to the King with his forces at Eversham that the Earl of Essex was returning from Glocester gave order to follow him and on the eighteenth of September his Majesties foot marching towards Wantage Prince Rupert with the whole body of horse advanced on the right hand to finde out Essex and got view of them that afternoon in a bottom near Aubern in Wiltshire and gave them two charges by the commanded party of Colonel urrey falling upon Essex Rear of his Horse where both encountred with equal loss Essex stands in Battalia for an hour and then marches the Prince overtakes him with a second charge adding the Queens Regiment as a reserve to the commanded party and his own Brigado to follow both Essex's horse appointed to bring up the Rear hastned forward within the Foot and brought Ruperts so near that it was necessary to decline them by falling off to the Right hand where two great Bodies of Essex's Horse came down a Hill and in excellent order received the others charge and after with eithers swords where the Lord Iermin received a slight wound on his Arm and the Lord Digby a shot on his head piece with loss of some men then those wheeling about ingaged the Lord Iermin with part of his Regiment almost to a loss but that they forced through some Bodies of Foot and got the better at that encounter onely with loss of Colonel Constable and that brave Gentleman the Marquess de la Vienville who was first taken prisoner and in cold blood unhandsomely slain and so night made either party retire The Kings Infantry was now at Wantage from whence Rupert desired them to march directly to Newbery with all speed the Horse refreshing at Lambern and Essex towards Hungerford arrived there the next morning six miles off so to Newbery but the King being come up before prevented them of accommodation there and lodged there himself that night all his Horse and some Musketiers were immediately drawn out beyond the water towards Essex his Army his whole body being within two miles and a half so as the parties fell to skirmish till dark night On goes Essex and surprizes the Kings new raised Troops at Cirencester scarce warm in their quarters And the twentieth of September the King saw his Enemy seated in a place the most advantageous the Horse Foot and Canon so planted for safety to themselves and annoyance of the King that it was conceived his Majesty was forced first to fight for a place â— to fight on which he did and gained the Hill the other pelting upon them from chosen groundâ— bushesâ— and hedges This Hill near Newbery and Enbarn-heath were the places where the most of this fight was performed The chief Commanders of Horse for the King besides Prince Rupert and the Lord Wilmot his Lieutenant General were the three Noble Lords the valiant Earls of Carnarvan and Northampton and the Lord Chandoys Sir Charls Lucas Colonel Charls Gerrard and Lieutenant Colonel Oneal In which fight were slain couragious Carnarvan whose memory since his undertaking to be a Commander is precious in Acts of honour and he that killed him lived not an instant after So was there slain the Noble Earl of Sunderland Colonel Morgan Lieutenant Colonel Fâ—ilding and many Gentlemen voluntiers by name Mr. Stroud and there were hurt of the prime Officers the Lord Andover Sir Charls Lucas Colonel Gerrard Colonel Ivers And of the Voluntiers the Earls of Carlisle and Peterborough Mr. Iohn Russell Mr. Edward Sacvile Mr. Henry Howard Mr. George Porter Mr. Progers The Kings foot were commanded by Sir Nicholas cholas Byron and the Horse by Sir Iohn Byron The chief Officers hurt were Colonel Dervy Lieutenant Colonel George Lisle who led on the forlorn hope and Lieutenant Col. Edward Villiers and here at the dispute of the Hill was slain that learned Lord Viscount Falkland Secretary of Estate The number slain on both sides are uncertain for what is confessed of the Cavalier supposes more of their Enemies I would there had been less then there were of either Only thus much is notorious not a Lord of the other side but in earnest we must give assurance many of their chief Officers were killed The slaughter fell foule on the London Trained bands
Majesties person and Right against all Forces whatsoever and in like manner the Laws Liberties and Privileges of Parliament and of this Kingdom And I shall to my utmost power preserve and defend the peace of the two Counties of Devon and Cornvvall and all persons that shall unite themselves by this Protestation in the due performance thereof and to my power assist his Majesties Armies for reducing the Town of Plymouth and resistance of all Forces of Scots Invaders and others levied under pretence of any Authority of two Houses of Parliament or otherwise without his Majesties personal consent And hereupon they agreed upon several Articles in reference to the taking of this Protestation directed to all Sheriffs Constables Ministers of every Parish Church at the next general Meeting That the Army be governed according to his Majesties Articles That all such persons slain or as shall be slain in this VVar or die in the Service by whose life any other person held any other Lands or Rents the said other person shall grant an Estate or pay such Rents for life under such Covenants c. as to the person so slain and the Refusers to lose double value one half to the King the other to the party and to be imprisoned till payment That if any Minister shall refuse or neglect his particular duty in his Service or not reade the Kings Declarations or do any thing contrary to â—is Majesties Instructions to be secured and his Estate sequestred That there be provided a thousand Barrels of Powder and ten thousand Fire Arms at the charge of both Counties whereof Devon three parts and Cornvvall to be a fourth according to the proportion of the grand Subsidy The Earl of Manchester for the Parliament is as active in his Association having gone over all vvith a high hand came to the University of Cambridg being not yet resolved vvhether the Colleges and Halls be vvithin his Commission for Sequestration for clearing vvhereof the Parliament sent out their Ordinance That the Estates Rents and Revenues of the Colleges and Halls in the University of Cambridg are in no wise to be seized on but shall remain and be to the same University Colleges and Halls as if the Ordinance of Sequestration had never been made Which is most nobly done like true Patriots of Learning but then the next Proviso marrs all That if any part portion or dividend be due to any Head Fellow or Scholar in the said University being or which hereafter shall be a Malignant or Delinquent within any of the Ordinances of Sequestration then they shal be excepted from receiving any part or portion of his Allowance but shall be dealt with as it shall be ordered by the Earl of Manchester and none to be Receiver Treasurer or Bowser but such as shall be approved by him Sir Richard Byron Governour of Newark for the King understanding that the Adversaries vvere quartered at Harmiston and VVaddesdon three Miles from Lincoln sent out tvvo hundred and fifty Horse and some Dragoons under command of Sir Gervase Eyre vvho beat up their Quarters and took kill'd some but the reason having Quarter he carried avvay above three hundred Prisoners Horse and Arms. The King at Oxford vvith sufficient Friends to finish his civil affairs considered of the fitness and conveniency to assemble the Members of both Houses of Parliament at Oxford and having to that purpose the tvvo and tvventieth of December last by his Proclamation summoned them for this day the tvvo and tvventieth of Ianuary vvhere novv they met in the great Hall at Christ's Church vvhere his Majesty declared the occasion of his calling them together to be witnesses of his actions and privy to his intentions Telling them That if he had the least thoughtâ— disagreeing with the happiness of this Kingdom he would not advise with such Counsellors as they are And so they went to the publick Schools the Lords in the upper Schools and the Commons in the great Convocation-house Indeed he having renounced those Members that sate at Westminster he thought it fit to assemble such as he might confide in to vote and act as his proper Parliament countenanced with able Members the most ancient and most honourable Peers and very worthy Gentlemen not amiss to record them The Names of the Lords and Commons in the Assembly of the Parliament at Oxford Ianuary 22. 1643. Charls Prince Duke of York Cumberland Edw. Littleton C. S. Fr. Cottington Treasurer Duke of Richmond Marquess of Hertford Earls Lindsey Dorset Shrewsbury Bath Southampton Leicester Northampton Devonshire Carlile Bristol Barkshire Cleveland Rivers Dover Peterborough Kingston Newport Portland Visc. Conway Lords Digby Mowbray and Matravers Lords Wentworth Cromwell Rich. Paget Chandos Howard of Charlton Lovelace Savile Mohun Dunsmore Seymour Piercy VVilmot Leigh Hatton Iermin Carington Knights and Gentlemen Sir Iohn Fettiplace Sir Alexander Denton Sir Iohn Packington Thomas Smith Francis Gamul Iohn Harris Ioseph Iane. Richard Edgcomb I. Raleigh G. Fane P. Edgcomb VVilliam Glanvile Robert Hâ—burn Sir Ralph Sidenham Sir Fr. Godolphin Ger. Parry Ambrose Manaton Sir Richard Vivian Io. Palewheel Io. Arundel Thomas Lower Edward Hide VVilliam Allestry George Stonehouse Edward Seymor Peter St. Hill VVilliam Pool Roger Matthew Richard Arundel Ro. VValker Giles Strangways Io. Strangways Sir Thomas Helâ— Geraâ—d Nape Samuâ—l Turner VVilliam Constantine Henry Killegrew R. King Io. Dutton Henry Bret. VVilliam Chadwell Theo. Gorges Io. George Thomas Fanshaw Humph. Conningsby Richard Seaborn Arthur Ranelagh Thomas Tomkins Sampson Evers Io. Culpeper Ieffrey Palmer Io. Harison Thomas Fanshaw Roger Palmer Sir Orlando Bridgman VVilliam VVatkins Iohn Smith Sir Thomas Bludder Edward Littleton Harvie Bagot Richard Leveson Sir Richard Cave Sir Richard VVeston Richard Lee. Thomas VVhitmore Edward Acton C. Baldwin R. Goodwin Thomas Howard Thomas Littleton Robert Howard Io. Meux Matthew Davis Fr. Cornwallis Thomas Germin Io. Tailor VVilliam Basset VVilliam Pateman Edw. Ridney Thomas Hanham Edw. Philips Io. Digby Edw. Kirton Chr. Lewkin Edw. Alford Io. VVhite Io. Ashburnham VVilliam Smith Thomas Leeds I. Thin VVilliam Pledel Ro. Hide Edw. Griffin VValter Smith George Lowe Richard Harding Henry Herbert Endimion Porter Samuel Sandys Iohn Bâ—dvil William Morgan William Thomas Iohn Mistin Henry Bellasis Knights and Gentlemen George Wentworth William Malory Richard Aldbury Io. Salisbury William Herbert William Price Io. Price Knights and Gentlemen R. Herbert Charls Price Philip VVarwick Thomas Cook Herbert Price Io. Whisler These Peers then disabled by several Accidents appeared since Viscount Cambden Lord Abergaveny Lord Arundel Lord Capel Lord Newport Peers imployed in his Majesties Service Marquesses Winchester VVorcester Newcastle Earls Darby Huntington Clare Marlborough Viscount Falkonbridg Lords Morley Lords Darcy and Coniers Sturton Everâ— Daincourt Pawlet Brudenel Powesse Herbert of Cherbury Hopton Loughborough Byron Vaughan VVithrington Peers absent beyond Seas Earl of Arundel Earl of Saint Albans Lord Viscount Mountague Viiscount Strafford Lord Stanhop Lord Coventry Lord Goring Lord Craven of Hamsted Lord Craven of Ryton Peers
confined by the Parliament at VVestminster Earl of Chesterfield and the Lord Mountague of Boughton These Members then disabled by Accidents have appeared since Peter Venebles Sir Io. Pawler Edward Bagshaw Sir Io. Burlacie Fr. Newport Anthony Hungerford Io. Russel Thomas Chichely Earl of Cork Sir Iervase Cliâ—ton Sir Guy Palmes Ro. Sutton Iervase Hollis Sir Patrick Curwin Sir Henry Bellingham Sir George Dalston Sir Thomas Stanford Sir VVilliam Dalston Mich. VVharton Sir Ro. Hutton Iames Sindamore Sir Io. Brich Sir Io. Stepny Imployed in his Majesties Service Sir Io. Finch Hugh Porter VValter Kurle VVilliam Stanhop Sir VVilliam Carnaby Sir Thomas Danby Io. Fennich Ralph Sneade Sir VVilliam Ogle Sir Thomas Iermin Sir Iohn Stowell Sir Robert Strickland Sir Ph. Musgrave Io. Coucher Io. Coventry Sir Henry Slingsby Sir Io. Malory Io. Bellasis Sir Thomas Ingram Lord Mansfelt Thomas Hebelthaite Sir Hugh Cholmly Sir George VVentworth Sir VValter Lloyd Iohn Vaughan Richard Ferrers George Hartnoll Sir VVilliam Udall Robert Hunt Thomas May. Sir Thomas Bourcher Sir Thomas Roe These Members taking into consideration the distressed estate of this Kingdom did the seven and twentieth day of this instant Ianuary send a Letter to the Earl of Essex for a Treaty of peace signed by all the Members with order to be published to this effect My Lord His Majesty having by his Proclamation of the two and twentieth of December last upon occasion of this Invasion by some of his Subjects of Scotland summoned all of the Members of both Houses of Parliament to attend him here at Oxford inviting us in the said Proclamation by these gracious Expressions That his Subjects should see how willing he was to receive advice for preservation of the Religion Laws and Safety of the Kingdom and as far as in him lay to restore it its former peace and security his chief and onely end from these whom they had trusted though he could not receive it in the place where he appointed VVhich hath been made good to us and seconded by such unquestionable Demonstrations of his deep and princely sense of the miseries and calamities of his poor Subjects in this unnatural VVar and his passionate affection to redeem them from that deplorable condition by all ways consistent with his Honour or with the future safety of the Kingdom c. We being most intirely satisfied of this truth and sensible of the Desolations of our Countrey and further Dangers threatned from Scotland c. And we being desirous to believe your Lordship however ingaged a person likely to be sensibly touched with these considerations do invite you to that part in this blessed work wich is onely capable to repair all our miseries and buoy up the Kingdom from ruine VVe therefore conjure you by all obligations that have power upon honour conscience or publick piety you will co-operate with us to its preservation by truly representing to and promoving with those by whom you are trusted this our Desire That they joyning with us in a right season some persons be appointed on either part to treat of such a Peace as may redeem it from the brink of desolation This Address we make being assured by his Proclamation of Pardon that his mercy and clemency can transcend all former provocations God Almighty direct your Lordship and those whom you shall present with these our real Desires as may produce a happy peace c. Your affectionate Friends c. Oxford Jan. 27. 1645. To these he returns no Answer to them but sends this Letter to the Parliament at Westminster where it wrought upon the Members according to their several affections The haste which the Scots Covenanters made rushed in their Army into England the sixteenth of Ianuary consisting of eighteen thousand Foot and two thousand Horse marching forwards till they came to the warm Sea-coal fires at Newcastle they knew the way hither having fared so well the time before in their first Expedition their then General and they being well rewarded here and at home by the Kings indulgent graces he following them into Scotland confirming unto them in full Parliament all the Privileges of Kirk and Kingdom and conferred many Honours and Offices He having done all this as before in particulars and ere he took leave to return wishing them to continue in allegeance and live in peace and if any difference should happen in England which he hoped God would divert he desired them to continue Neuters though he might expect Aid yet he would not disturb the Peace of his native Countrey To which they all obliged themselves by revival of their own Act to that purpose and at the publishing one of their chief that had been their General in the said Expedition fell on his knees and lifting up his arms and hands to Heaven wished they might rot to his body before he died if ever he would heave them up hereafter or draw his Sword against his gude King yet this Wretch Sir Alexander Lesly whom the King had made Lord Leven comes General of this Army also But their Harbinger came before them a Declaration spread abroad for satisfaction to their Brethren of England intentionally to answer three Questions The justness of their Cause The lawfulness of their calling thereunto And the faithfulness of their carriage therein For the first they appeal to the great Searcher of all hearts who knows that had not the love of Christ requiring to bear one anothers burthen and the Law of Nature challenging our endeavour to prevent our own Danger inveloped with our Neighbours and our Duty and Desire of rescuing the King from his pernicious Council we could with far more content have enjoyed our dry Morsel than entered into your Houses full of Sacrifices with strife c. And we profess before God and the world our hearts are clean and free from any other intentions than those expressed in our Solemn League and Covenant confederate with England viz. Reformation of Religion Honour of the King Peace of the Kingdoms Secondly and because a good necessarily requires a good Calling c. Providence hath so provided that the Parliament of England have a particular obligation upon this our Nation for refusing to countenance a VVar against us in 1640. and now desire our assistance to them and so with the sense of Piety Religion Honour and Duty to their Sovereign we may not resist our Call to this Expedition Thirdly then for our carriage herein we shall order our Army from Insolencies Rapines Plunderings and other calamities incident to War And we do freely give the Publick Faith of the Kingdom of Scotland unto the Kingdom of England that neither our entrance into nor continuance in England shall be made use of to other ends than is expressed in that Covenant which we shall keep inviolable And call God to witness their onely intent of VVar is to confirm all in Peace and so to return home again How they have performed these let the world judge I
Close Committee For Subjects to make foreign Confederacies without their Soveraigns assent to invade the Territories of their undoubted King to go about by force to change the Laws and Religion established is grosse Treason without all contradiction and in this case it argues strongly who have been the Contrivers and Fomenters of all our Troubles No Covenant whatsoever or with whomsoever can justifie such proceedings or oblige a Subject to run such disloyal courses If any man out of Ignorance or Fear or Credulity have entred into such a Covenant it bindes him not except it be to Repentance Neitheâ— is there any such necessity as is pretended of your present posture your selves cannot allege that you are any way provoked by us neither are we conscious to our selves of the least intention to molest you Those ends which you propose are plausible indeed to them who do not understand them the blackest Designs did never want the same pretences If by the Protestant Religion you intend our Articles which are the publick Confession of our Church and our Book of Common Prayer established by Act of Parliament you need not trouble your selves we are ready to defend them with our Bloud If it be otherwise it is plain to all the World that it is not the Preservation but the Innovation of Religion which you seek however by you styled Reformation And what calling have you to refâ—rm us by the Sword We do not remember that ever the like indignity was offered by one Nation to another by a lesser to a greater That those men who have heretofore pleaded to vehemently for Liberty of Conscience against all Oaths and Subscriptions should now assume a power to themselves by Arms to impose a Law upon the Consciences of their fellow Subjects A vanquished Nation would scarce endure such Terms from their Conquerours But this we are sure of that this is the way to make the Protestant Religion odious to all Monarchs Christian and Pagan Your other two ends that is the honour and happiness of the King and the publick Peace and Liberty of his Dominions are so manifestly contrary to your practice that we need no other motives to withdraw you from such a course as tends so directly to make his Majesty contemptible at home and abroad and to fill all his Dominions with Rapine and Bloud In an Army all have not the same intentions We have seen the Articles agreed upon and those vast Sums and Conditions contained in them as if our Countreymen thought that England was indeed a Well that could never be drawn dry and whatsoever the intentions be we know right well what will be the consequents if it were otherwise no intention or consequent whatsoever can justifie an unlawfull action And therefore you do wisely to decline all disputation about it it is an easie thing to pretend the Cause of God as the Jews did the Temple of the Lord but this is far from those evident Demonstrations which you often mention never make Consider that there must be an account given to God of all the Bloud which shall be shed in this Quarrel The way to prevent it is not by such insinuations but to retire before the Sword be unsheathed or the Breach be made too wide you cannot think we are grown such tame Creatures to desert our Religion our Laws our Liberties our Estates upon command of Foreigners and to suffer our selves and our Posterity to be made Beggars and Slaves without opposition If any of ours shall joyn with you in this Action we cannot look upon them otherwise than as Traitours to their King Vipers to their native Countrey and such as have been Plotters or Fomenters of this Design from the beginning But if mis-information or fear hath drawn any of yours ignorantly or unwillingly into this Cause we desire them to withdraw themselve at last and not to make themselves Accessaries to that Deluge of Mischief which this second Voyage is like to bring upon both Kingdoms The Scots for a Moneth together have likewise spread abroad this slander That divers of the Nobility have lately deserted the King which the Lords of the Assembly of Parliament at Oxford took upon them to convince that in time to come there might not be left one Loop-hole of Excuse for this their Rebellion Directing their Letters To the Lords of the Privy Council and Conservatours of the Peace of the Kingdom of Scotland Our very good Lords If for no other reason yet that Posterity may know we have done our Duties and not sate still whilest our Brethren of Scotland were transported with a dangerous and fatal misunderstanding c. We have thought it necessary to tell you that when you are informed that the Earls of Arundel and Thanet and the Lords of Stafford Stanhop Coventry Goring and Craven are beyond Seas and the Earls of Chesterfield Westmerland and the Lord Montague of Boughton under restraint at London for their Loyalty and Duty to his Majesty and the Kingdom your Lordships will easily conclude how very few now make up the Peers at Westminster there being not above five and twenty Lords present or privy to these Councils And so they go on to give their Reasons why this Assembly at Oxford are dissenting and absent from Westminster being forced away by the Multitude of the meaner sort of the City Rabble of London and prosecuted by unparliamentary Debates and Votes without freedom or safety to their Lives And therefore we do protest against any Invitation made to the Scotish Nation to enter this Kingdom with an Army And we do conjure your Lordships by our common Allegeance under one gracious Sovereign by the amity and affection of both Nations by the Treaty of Pacification and by all obligation divine and humane which can preserve peace upon earth to prevent the effusion of so much Christian Bloud and the confusion and desolation which must follow this Invasion c. And therefore your Lordships may be assured we shall expose our lives and fortunes in the just and necessary defence of the Kingdom Engaging our Honours to be our selves most religious observers of the Act of Pacification and we hope to receive such an answer from you as may preserve the two Nations c. Your Lorships most affectionate humble servants And signed by all the Lords and Peers of the great Assembly at Oxford about sixty as before in the Roll aforesaid We will end this year with Prince Ruperts relief of that gallant Garison at Newark from the three weeks hot siege of Sir Iohn Meldrum for the Parliament wasting his Army from seven thousand to five thousand the manner was thus Prince Rupert being at West-Chester upon Tuesday night March 12. received his Majesties commands to march with all speed to the relief of Newark with four thousand Foot under five Regiments and four Colours and two thousand Horse and Dragooners Upon these Summons he made haste to Shrewsbury speeding away Major Legge General of the
not upon it 8. Psalm 114. 6. Yea I will pray yet against their wickedness for within a while I shall even pray in their miseries 9. Isai 63. 11. Israel remembered for He that is God remembered See Epist. Mund. East 10. Matth. 27. 9. Whom they bought of the children of Israel for whom the children of Israel valued See Gosp. last Lent 11. Luke 1. 28. Hail full of grace for freely beloved See Annunc 12. Luke 1. 48. The lowliness of his hand-maid for poor degree See Magnificat 13. 1 Cor. 9. 27. Should be a castaway for reprovable See Epist. Septuag 14. Gal. 4. 25. Agar in Arabia bordereth upon Ierusalem for answereth to Ierusalem that now is See Epist. 4. Lent 15. Phil. 2. 7. Christ was found in his apparel like a man for in shape as a man See Epist. last Sund. in Lent 16. Heb. 9. 25. The high Priest entred into the holy place with strange bloud for other bloud that is not his own See Wednesd before Easter 17. 1 Peter 3. 20. When the long-suffering of God was once looked for for The long-suffering of God abode or waited See Easter Eve XII Because it mis-applieth some places of the holy Scriptures to the countenancing of erroneous and doubtfull matters 1. Revel 14. 1. To those children whom Herod caused to be murdered whom the Collect calls Gods witnesses See Innocents 2. 1 Peter 3. 17. To the time that Christ abode in the grave See Easter Eve 3. Revel 12. 7. To Michael as a created Angel See Michael And then they protest before Almighty God That we acknowledg the Churches of England as they be established by publique Authority to be true visible Churches of Christ That we desire the continuance of our Ministery in them above all earthly things as that without which our life would be bitter and wearisom unto us That we dislike not a set Form of Prayer to be used in the Church and finally That whatsoever before written is not set down of any evil minde or with a purpose to deprave the Books of Common Prayer Ordination or Homilies but onely to shew some Reasons why we cannot subscribe to all things contained in the same What they protest now was otherwise concluded to confound it A brief Narrative of the Scots affaires from 1639. We may not conceal the valiant and admired Actions of the Kings affaires in Scotland under conduct of the most Noble Iames Marquesse of Montrose Earl of Kinkardin c. General Governour by Commission for his Majesty in that kingdom A Narrative wherein we may finde Montrose his judgement and ingenuity gallantry in person patience in travel evennesse of spirit in dangers quick in resolution his wisdom in counsels his excellent vertue in all things and to all men which his very enemies could not but afford him For while the Covenanters at the first in 1638. pretended preservation of Religion the honour and dignity of the King and good of the people He sided with them they all then engaging by solemn Attestation and Oaths never to move by force but by petition to their Soveraign In 1639. Montrose was their Minion to whom they spoke out that the Stuarts had governed too long and they would now be at liberty and would strike at the Head resolving to raise an Army and at Dundee the solemn Convention resolve to invade England but had it counsel six weeks before in which time they divulge in all the three Kingdoms their several Pamphlets Apologetical seting some gloss upon their intended expedition Montrose was absent whilst this was working and being returned and made acquainted with all was intrusted to command 2000. Foot and 500. Horse and his meer friends conducted 5000. more of this Army with intention on their parts to side with the King and at the River Tweed that separates both Nations Montrose was by lot to passe over first which he did on foot and his men followed by which and other his forwardness he shadowed his intentions of Loyalty and service to his Soveraign when opportunity should minister the occasion for now a pacification is concluded Another Scotish Army is raised and marching over Tine neer Newcastle the English Army come thither to oppose them retreated to York and gave way willingly for the Scots to possesse Newcastle and a cessation agreed upon and the Treaty began at London In this time the King at York receives private Letters from Montrose professing his duty and fidelity to the King nor did they contain any more but being stollen out of his pocket by the treacherous Scots of the Kings Bed-chamber and copied out were sent to the Covenanters The Army disbanded Montrose returned into Scotland joynes in League with some prime of the Nobility to defend the Kings Cause and so by a division which was his aim but betrayed to the Covenanters who joyning with the Parliament of England by solemn engagements designed Montrose his ruine They corrupt the Courtiers and understand that the King had writ Letters to Montrose quilted in the Messengers Sadle one Stuart servant to Traquair whom they seise at the borders of Scotland and rip out the Letters yet nothing therein but what became the best of Kings to write and the best of Subjects to obey Neverthelesse the Covenanters scattered abroad Tragicall Reports of Plots between the King and Montrose for the overthrow of Religion and ruine of the Kingdoms which their Mercenary Ministers made use of to winde and turn the mindes of the people the best way to promote their cause and Rebellion They seise Montrose on the suddain with Napier Lord of Marcheston and Sir Sterling Keer his kinsmen and friends into the Castle of Edenburgh The peace concluded and the King come into Scotland called a Parliament gives them their hearts desire but could not procure Montrosses tryal nor release till after the Kings departure towards the end of the year and Montrose retires to his own house The next year 1642. the Covenanters unmask on all sides the English raise Armes for a civil war the Scots are caressed who raise forces also to assist the Parliament of England and labour all possible means to win upon Montrose and offer him to be Lord General of their Army He holds off and privately with the Lord Ogleby comes with two Troops of Horse to the Queen newly landed out of Holland at Burlington in Yorkshire and discovering to her all the former passages and the danger of the King and that there was no other way of remedy but to resist force with force and to oppose their entrance into this evil But Hamilton now returnes out of Scotland sent thither by the King to appease the Scots with whom he traiterously combines and purposely comes to the Queen to deâ—â—oy Montrose his Counsels as rash and unadvised offering himself to pacifie the Scots and so returns home and Hamilton seems there active for the King as his chief Commissioner The Scotish Covenanters of themselves summon a
Merits The Queen began her Journey this day from Oxford towards the West of England those parts the most free from the poweâ— of her Enemies and more peaceable for her quiet rather than Oxford where though she were safe yet not secure from noise and business not much though regarding their Forces nor much troubled at the falsities for which the Parliament at VVestminster had voted her a Traitour besides the vain Libells that were let loose from Press and Pulpit in much plenty against the honour and dignity of Majesty and so she was conducted by the King Prince and Duke of York waited on with the chief Nobility and Gentry the first days Journey The King in presence of his Peers before they parted from Oxford received the holy Eucharist at Christ's Church from the hands of the Arch-bishop of Armagh used these publick Expressions immediately before his receiving the blessed Elements he rose up from his knees and beckning to the Arch-bishop for a short forbearance made this Protestation My Lord I espie hâ—re many resolved Protestants who may declare to the world the Resolution I do now make I have to the utmost of my power prepared my Soul to become a worthy Receiver and may I so receive comfort by the blessed Sacrament as I do intend the Establishment of the true Reformed Protestant Religion as it stood in its beauty in the happy daies of Queen Elizabeth without any connivence at Popery I bless God that in the midst of these publick Distractions I have still liberty to communicate and may this Sacrament be my Damnation if my heart do not joyn with my lips in this Protestation The King had caused a Garison in South Wales at Swansey a Town of good note in the County of Glamorgan under command of the high Sheriff residing there in person and were summoned from a Ship-board by Captain Molton To the Mayor and Gentlemen of Swansey Gentlemen these are to will and require you in the Name of the right honourable Robert Earl of Warwick Lord high Admiral of England Wales and Ireland and his Majesties Navy Royal at Sea that you forthwith yield the Town and Garison to the King and Parliament c. And this is the advice of your Friend who endeavours to preserve you if not I shall keep you without Trade till your forced obedience bring you to the mercie of him that tendereth to you grace and favour Milford-haven from the Ship called the Lion Ro. Molton This Lion-like sawcy Paper the high Sheriff received and suddenly sends Answer To Robert Molton Subscriber unto the Paper directed to the Mayor and Gentlemen of Swansey We cannot understand how we may with any justice or loyaltie return you the name of a Gentleman in answer to your rude and rebellious Paper in the front whereof you have the boldness and presumption in the Name of the right honourable as you term him whom we account otherwise Robert Earl of Warwick by you styled high Admiral of England and his Majesties Navie Royal which he hath illegally possessed to will and require us forthwith to yield the Town and Garison of Swansey into the obedience of the King and Parliament c. In defiance of which your traiterous Summons under a spurious shew of your loyalty and subjection to his Majestie We will not yield Town nor Garison nor any the least interest we hold of Life or Fortune under protection of his sacred Majestie but will defend the same against your proud and insolent Menacingâ— wherein your proper Trade is exhibited and in the account of a Rebell and Traitour we leave you to your self May 14. Subscribed by the high Sheriff and Gentlemen of Glamorganshire Certainly this Frolick for a Ship Captain to attach a Land Garison was not with any assurance to master it by his great Guns or that he could imagine so great fear in Master Sheriff to quit his trust upon a weak Summons rather it was with an intent to answer that Knack of a Troop of Horse in the North who finding some Sailers drinking in an Ale-house seized their Ship and Goods hard by in a blinde Creek If Captain Molton could have done so by Swansey he needed the less to give warning by Summons but he left it as he found it in the Sheriffs command Latham house was sore beset with a Siege against that noble Countess of Derby for above three Moneths by these Commanders Ashton Moor and Rigby nay by the power of Sir Thomas Middleton and Sir William Fairfax addition upon whom the besieged have sallied out and killed many at several times Colonel Moor's men erected a Breast of Mutton on a Pikes point held it up to the hunger-starved Rascals within daring them to come out and dine and the Countess was called to by name a young Gentleman Captain Chisnall desired my Lady that he might sally out ere the Table should be taken away which he did ere they had dined forced into their Trenches took divers Prisoners and some Colours which instantly they carried to the back Gates of the House opened them and shewing these Colours cried out A Latham a Latham the House is taken hereupon the Enemy being ignorant of this Deceit concluded it to be taken and advancing in a Body came in speed to the Gate where they were welcomed with three Pieces of Cannon and much execution and thus this Lady held out Latham till Prince Rupert came to her Relief For on Tuesday May 21. he marched on his way towards Lancashire and the five and twentieth towards Stopwash a border Town of Cheshire seated on the Banck of the River Mersey dividing these two Counties here the Parliament had a strong Garison who drew out with three thousand Horse and Foot and faced Rupert's Horse but at the coming up of his Foot in the Evening about six a clock the other side withdrew to the Hedges and lining them shot through which he must pass and therefore he commands Colonel Washington with some Dragoons to scowre the Hedges and forced them to the Town whom the Prince followed so close that he entered with them and took the Town Cannon Army and Amunition and many Prisoners Then being so near he sends Relief to the Countess of Derby who had now opposed a strong Siege of eighteen Weeks but her Adversaries were rising and going in fear to stay for Prince Râ—pert yet not without some Farewell therefore the Garison sallied out fell upon the Enemies Rear killed some and took Prisoners and so way was given for the Earl of Derby to return home to his own house The King having drawn out all his Forces from several Garisons to meet at Goring Heath in Oxfordshire the Parliament at Westminster was much troubled ordering that their General Essex the Earl of Manchester and Lord Grey with what Forces could be raised at London with the Garisons of Windsor and Alisbury and all to meet at the general Rendezvouz Alisbury in the
himsefe shot in the arm for this good service his Majesty presently Knighted him and he well deserved it His Majesty wanted only Horse to have utterly destroyed them for they were now unable to help themselves In this condition his Majesty pursued them all day getting still ground in the evening one whole Regiment of their Foot being Colonel Weyres staggared ran from field to field with their Cannon and Colours only at the appearance of but eight of his Majesties Horse and had not night come on all their Army had undoubtedly been destroyed The Gentlemen of his Majesties own Troop did most gallantly in that service being twice bravely led on by the noble and valiant Lord Bernard Stuart to the great terrour of the Rebels This no question caused their General Essex early the nex day to quit his glorious Command and in a small Boat to shift away by water some say for Plymouth as yet there is no certainty where he is nor of Roberts Meirick and others who are gone Thereupon yesterday his own Lieutenant Colonel Butler who was formerly taken Prisoner at the Lord Mohun's House and now exchanged for Sir John Digby came to desire a Parley which was accepted and Hostages interchangeably delivered the Treaty followed in the evening in the Kings Quarter the Treators for his Majesty Prince Maurice the Lord General and the Lord Digby Theirs Colonel Barkeley an insolent Scot Colonel Whichcott a zealous City Colonel and Colonel Butler after high demands the conclusion brought forth these Articles 1. It is agreed That all the Officers and Souldiers as well of Horse and Foot under the command of the Earle of Essex being at the time of the Conclusion of this Treaty on the West side of the River of Foy shall to morrow being the Second of September by eleven of the clock in the morning deliver up near the old Castle in their own Quarters All their Cannon and Train of Artillery with All Carriages Necessaries and Materials thereunto belonging and likewise All the Arms offensive and defensive both of Horse and Foot and all Powder Bullet Match and Amunition whatsoever unto such Officers as the General of His Majesties Artillery shall appoint to receive the same except only the Swords and Pistols of all Officers above the degree of a Corporal who are by this Agreement to wear and carry the same away 2. Secondly It is agreed That immediately after the delivery up of the said Artillery Arms and Amunition c. that all Officers and Souldiers both of Horse and Foot of the said Army shall march out of their Quarters to Listithiel with their Colours both of Horse and Foot Trumpets and Drummes And that all Officers of Foot above the degree of Serjeants shall take with them such Horses and Servants as properly belong unto themselves as also all reformed Officers their Horses and Arms not exceeding the number of fifty and likewise to take with them all their Bagge and Baggage and Wagons with their Teemes of Horses properly belonging to the said Officers 3. Thirdly It is agreed That they shall have a safe Convoy of a hundred Horse from their Quarters to Lestithiel and thence in their March the nearest convenient way to Poole and Warham provided that they secure the said Convoys return to Bridgwater or His Majesties Army and that in their march they touch not at any Garrison 4. Fourthly It is agreed That in case they shall march from Poole to any other place by land that neither they nor any of them shall bear Arms more then is allowed in this agreement nor do any Hostile act untill they come to Southampton or Portsmouth 5. Fiftly It is agreed That all the Sick and wounded Officers and Souldiers of that Army who are not able to march shall be left at Foy and there secured from any violence to their persons or goods and care taken of them untill such time as they can be transported to Plymouth 6. Sixtly It is agreed That all Officers and Souldiers of that Army for the better conveniency of their march shall be permitted to receive all such Monies Provisions of Victuals and other accommodations as they shall be able to procure from Plymouth To which end they shall have a Passe granted for any Persons not exceeding the number of twelve whom they shall send for the same 7. Seventhly It is agreed That there be no inviting of Souldiers but that such as will voluntarily come to his Majesties Service shall not be hindred MAURICE BRAINFORD Phil. Skippon Christ. Whitchcott According to these Articles his Majesty possessed himself of all the enemies train of Artillery viz. 49. Pieces of fair Brass Ordnance taken then and the day before among which was the great Basilisco of Dover 200. and odd Barrels of Gunpowder Match Ball c. proportionable above 700. Carriages and bewixt 8. and 9. thousand Arms Horse and Foot Amongst the Baggage were found a world of empty Bottles belonging to his Excellencies own Quarter As for their persons his Majesty out of his wonted Clemency was unwilling to shed blood they were his own Subjects which caused so many thousands of them instantly to desire imployment in his Majesties Cause to fight especially against them who had led them into all this and at last run away from them To speak truth this is the most high inexpiable piece of cowardize that ever was committed by one who took on him the name of a General to lead an Army of above ten Thousand men into such miserable necessity all which they endured through his Lordships conduct and then to steal away in a poor little boat by night leaving all his flock to starve or submit to the mercy of another Army But the Earl to excuse himself accuseth the Lord Roberts for betraying him into this County of Cornwal where he promised the people would rise upon his coming which they did to some purpose The Lord Roberts saies 't was the Earls own headinesse to advance Westward expresly contrary to the Ordinance of both houses adding that the Earl might have preserved all if he would have but entertained a Treaty with his Majesty by which pretence he might have gained time till relief had come The inferiour Officers accuse them both and both Officers and Souldiers say 't was long of Sir William Waller for not advancing who twenty to one will fault them at Westminster for not recruiting him and the Members must needs lay it upon the Citizens who would not by any means come forth with Waller And yet Sir William would never have run away by Sea nor his Excellency at Roundway-down you see now what hath been the old difference betwixt the Earl and the other the one for a Race-horse the other for a Cock-boat Though truly 't is a wonder that the Earl would take water when he should take possession of Ten thousand pound per annum which the Members voted him out of the Lord Capel's Lands And in his way as the King
returns sundry Pieces of strength were delivered up to his Mercy as Ilfercombe September 12. Barstable six daies after Saltash storm'd and taken and returns homewards to Banbury and raises that siege and in November his Army Rendezvouse on Burlington Green raiseth Dennington siege and advanceth to Hungerford where the Parliaments Forces leaves the field and rise from Basing siege the King regains Monmouth and returns to Oxford 23. of November And notwithstanding these Martial exploits to them that he was therein defensive and a sufferer also in his good successe he woes his Adversaries for peace all the way he marches out and returning home for after the defeat of Waller at Copredy Bridge he writes himself from Evesham 4. Iuly to the Lords and Commons of Parliament assembled at Westminster C. R. We being deeply sensible of the Miseries and Calamities of this our Kingdom and of the grievous sufferings of our poor Subjects doe most earnestly desire that some expedient way be found out which by the blessing of God may prevent the further effusion of blood and restore the Nation to peace from the earnest and constant endeavouring of which as no discouragement given us on the contrary part shall make us cease so no success on ours shall ever divert us For the effecting thereof we are most ready and willing to condescend to all that shall be for the good of us and our people whether by the way of conformity which we have already granted or such further concessives as shall be requisite to the giving of a full assurance of all the performance of all our most real professions concerning the maintenance of the true reformed Protestant Religion established in this Kingdom with due regard to the ease of tender consciences the just priviledges of Parliament and the liberty and property of the people according to the Laws of the Land As also by granting a general pardon without or with exceptions as shall be thought fit In order to which blessed peace we doe desire and propound to the Lords and Commons of Parliament assembled at Westminster That they aâ—pâ—int such and so many persons as they shall think fit sufficiently authorized by them to attend us at our Army upon safe conduct to come and return which we do hereby grant and conclude â—iâ—h us how the premisses and all other things in question betwixt us and them may be fully setled whereby all unhappy mistaking between us and our people being removed there may be a present cessation of Arms and as soon as may be a total disbanding of all Armies the Subject have his due and we be restored to our rights Wherein if this our offer shall be accepted there shall be nothing wanting on our part which may make our people secure and happy Given at our Court at Evesham 4. of Iuly 1644. And to shew his gracious inclination to Peace and that he seeks all fair ways and means thereto see how he descends to seek it from a Subject and his deepest Enemy the Earl of Essex at Lestithiel and the King at Liskard Essex I have been very willing to believe that when ever there should be such a Conjuncture as to put it in your power to effect that happy Setlement of this miserable Kingdom which all good men desire you would lay hold of it that season is now before you you having it at this time in your power to redeem your Countrey and the Crown and to oblige your King in the highest degree an action certainly of the greatest piety prudence and honour such an opportunity as perhaps no Subject before you hath ever had or after you shall ever have to which there is no more required but that you join with me heartily and really in the setling of those things which we have both professed constantly to be our onely aims Let us do this and if any shall be so foolishly unnatural as to oppose their Kings their Countries and their own good we will make them happy by Gods blessing even against their wills the onely Impediment can be want of mutual confidence I promise it you on my part as I have endeavoured to prepare it on yours by me Letter to Hertford from Evesham I hope this will perfect it when as I here do I shall have engaged to you the word of a King that you joining with me in that blessed work I shall give both to you and your Armie such eminent marks of my confidence and value as shall not leave a room for the least Distrust amongst you either in relation to the publick or your self unto whom I shall then be Liskaâ—d Aug. 6. 1644. Your faithfull Friend C. R. If you like of this hearken to this Bearer whom I have fully intrusted in particulars but this will admit of no delay To confirm the Kings Intentions and to assure the Armies Ingagement also the great Officers and Commanders subscribe to another Letter to the Earl of Essex My Lord VVe having obtained his Majesties leave to send this to your Lordship shall not repeal the many gracious Messages Endeavours and Declarations which his Majestie hath made and have been so solemnly protested in the presenâ—e of God and Man that we wonder how the most scrupulous can make any doubt of the real and royal performance of them But we must before this apprâ—aching occasion tell your Lordship that we bear Arms for this end onely to defend his Majesties known Rights the Laws of the Kingdom the Libertie of the Subject the Privilege of the Parliament and the true Protestant Religion against Poperie and popish Innovations and this being the professed cause of your Lordships taking Arms we are confident that concurring in the same opinions and pretences we shall not by an unnatural VVar weaken the main strength of this Kingdom and advance the Design of our common Enemies who long since have devoured us in their hopes My Lord the exigent of the time will not suffer us to make any laboured Declarations of our Intentions but onely this That on the Faith of Subjects the Honour and Reputation of Gentlemen and Souldiers we will with our Lives maintain that which his Majestie shall publickly promise in order to a bloudless Peace nor shall it be in the power of any private persons to divert this Resolution of ours and the same we expect from you And now we must take lâ—ave to protest that if this our Proffer be neglected which we make neither in fear of your power nor distrust of our own but onely touched with the approaching miseries of our Nation that what calamities shall oppress posteritie will lie heavie upon the souls and consciences of those that shall decline this Overture which we can not hope so seasonably to make again if this Conjuncture be let go and therefore it is desired that your Lordship and six other persons may meet our General to morrow at such an indifferent place as you shall think fit attended with
manner lately to blesse our Armies in these parts with successe we do not so much joy in that blessing for any other consideration as for the hopes we have that it may be a means to make others lay to heart as we do the miseries brought and continued upon our Kingdom by this unnatural War and that it may open your â—ars and dispose your mindes to imbrace those offers of Peace and Reconciliation which have been so often and so earnestly made unto you by us from the constant and fervent endeavours of which we are resolved never to desist In pursuance whereof we do upon this occasion conjure you to take into consideration our too long neglected message of the fourth of July from Evesham which we again renew unto you And that you will speedily send us such an Answer thereunâ—â— as maâ—â—ew unâ—â—our poor Subjects some light of a deliverance from their present calamities by a happy Accommodation toward which â—â—â—do here engage the word of a King to make good all those things which we have thereiâ— promised and really to endeavour a happy conclusiâ—â— of this Treaty And so God direct you in the wayes of Peace What welcome this gracious Message wrought with the Parliament is monstrous to imagine for no sooner received it but instantly there followed a Fast at St. Laurence Church for the happy proceedings of the Councel of War the Lecturer Obadia Sedgwick telling the people that God was angry with them for not cutting off Delinquents Fifteen several times men have been raised in London by telling them that this would finish the work still exhorting them to pursue the War to put an end to these troubles Notwithstanding the Scots Army send to the Parliament to send to the King some reasonable Propositions that the Church of England may be Uniform to the Kirk of Scotland That for their service in England and Ireland there is due to them upon account eight hundred thousand pounds whereof they must have one hundred thousand pounds presently which put the Parliament to consider who as one said at the beginning of their Assemblie did they knew not what and now they know not what to do And the County of Somerset presented the King with their Petition with what comfort they apprehend his Majesties pious inclination to and endeavours for setling peace and hoped that your Majesties gracious Message to that purpose to the Parliament would have produced the desired effect c. And desire leave to wait in person upon the King to the Parliament And in case they may not obtain so just a request they shall hold their lives best spent in assisting your Majesty to compasse that by the Sword which can not otherwise be effected The King signifies his Gracious acceptance of their Loyal affections in what they desire and withall for them to Petition the Parliament Assembled at Westminster for composing the way of peace Assuring them that he will insist only upon such things as are justifiable with the Laws of the Kingdom Upon which they write at Wells and publish this Declaration to the world VVhereas we lately conceived very great hopes that those many gracious Overtures from his Majesty to those at London especially that from Evesham and that from Tavestock might have given a rise to a happy Treaty and consequently put an end to those bleeding differences but have been fruitless and uneffectual c. Therefore they resolve to wait upon the King as one man towards London to propose or receive Propositions to restore the Kingdom to peace And call the Kingdom to witness whether this Petition which they now are going to deliver to the Parliament assembled at Westminster doe not become Loyal Subjects and Lovers of the Country VVherein they desire the two Houses to joyn hands with him and them in a happy Treaty that as they have all within the same Profession so they may meet in the real performance the maintenance of the Protestant Religion the safety of the Kings person and rights the liberty and property of the Subjects and just priviledges of Parliament The County of Wilts also taking notice of those in Somersetshire certifie that the Sherif of Wiltshire and the principal Lords and Gentlemen of that County declaring their approbation of the declaration and Petition to the Parliament assembled at Westminster and that they will joyn in the same course presently You see what means are made for a Treaty of Peace The Parliament Forces from Northampton bringing with them many Colliers and Miners from Bedworth who after sundry dayes exercise under ground to mine the Castle found such continual Springs of water that they could work no more This siege hath now continued eleven weeks from the 19. of Iuly when their Horse came to Broughton Warkwoth and other places to straighten the Castle and lay there till Aug. 27. On which day Mr. Iohn Fines came with Foot and Canon into Banbury and from that time both with Batterings Mines and storming attempted upon the Castle commanded by Sir William Compton brother to the Earl of Northampton to whom he sends Summons and had this Answer That they kept the Castle for his Majesty and as long 〈◊〉 one man was left alive in it willed him not to expect to have it delivered Whereupon Fines made several batteries on three sides of the Castle but to little purpose Then they began to mine but found much water then to drain the outmost Mote which in part they effect but with great losse Then September 16. Fines sends another Summons but Compton told the Trumpeter that he formerly Answered them and wondered they would send again Upon this the Assaylants goe on fiercely with Batteries and Stormes for a week together But were answered by often sallies and losse on both sides Then two dayes together the Besiegers shot and plyed their Granadoes abundantly and made a breach upon the West wall of the out Ward of the Castle the upper part neer thirty yards in length but the inside well lined with earth This gave them incouragement to Storm it and about nine a clock that morning 23. September they began to fall on their Foot not so hardy they invited their Troopers to lead them on twelve out of each Company with their best Officers The number of the Assaylants about six hundred came on with burthens on their backs which they cast into the Mote the better to passe the Mud and so fell on in five several places at once the greatest number where the breach was and on all the other parts they brought Scaling-ladders but could not reare one but were cut off with great and small shot those at the breach were so served also but at last all the Assaylants gave off Towards evening they send a Trumpet to desire burial of their dead conditional that those which vvere fallen vvithâ—n Pistol shot of the Castle should be stript by the Garrison vvhich vvas done much losse they had many slain and vvounded
privitie or directions of his Majestie or the Lord Lieutenant or any of his Majesties Council there But true it is that for the necessarie preservation of his Majesties Protestant Subjects in Ireland whose case was daily represented unto him to be so desperate his Majestie had given Commission to the Lord Lieutenant to treat and conclude such a Peace there as might be for the safetie of that Crown the preservation of the Protestant Religion and no way derogatorie to his own Honour and publick Professions But to the end that his Majesties real Intentions in this business of Ireland may be the more clearly understood and to give more ample satisfaction to both Houses of Parliament and the Commissioners of the Parliament of Scotland especially concerning his Majesties not being engaged in any Peace or Agreement there he doth desire if the two Houses shall admit of his Majesties Repair to London for a personal Treatie as was formerly proposed that speedy notice be given thereof to his Majestie and a Pass or safe Conduct with a Blank sent for a Messenger to be immediately dispatcht into Ireland to prevent any accident that may happen to hinder his Majesties Resolution of leaving the managing of the business of Ireland wholly to the two Houses and to make no Peace there but with their consent which in case it shall please God to bless his Endeavours in the Treatie with success his Majestie doth hereby engage himself to do And for a further explanation of his Majesties Intentions in his former Messages he doth now declare that if his personal Repair to London as aforesaid shall be admitted and a Peace thereon shall ensue he will then leave the nomination of the persons to be intrusted with the Militia wholly to his two Houses with such power and limitations as are expressed in the Paper delivered by his Majesties Commissioners at Uxbridg the sixth of February 1644. for the term of seven years as hath been desired to be given immediately after the conclusion of the Peace the disbanding of all Forces on both sides and the dismantling of the Garisons erected since these present Troubles so as at the expiration of the time before mentioned the power of the Militia shall intirely revert and remain as before And for their further securitie his Majestie the Peace succeeding will be content that pro hac vice the two Houses shall nominate the Admiral Officers of State and Iudges to hold their Places during life or quam diu se bene gesserint which shall be best liked to be accountable to none but the King and the two Houses of Parliament As for matter of Religion his Majestie doth further declare That by the libertie offered in his Message of the fifteenth present for the â—ase of their consciences who will not communicate in the Service already established by Act of Parliament in this Kingdom he intends that all other Protestants behaving themselves peaceably in and towards the Civil Government shall have the free exercise of their Religion according to their own way And for the total removing of all Fears and Iealousies his Majestie is willing to agree that upon the conclusion of Peace there shall be a general Act of Oblivion and free Pardon past by Act of Parliament in both his Kingdoms respectively And lest it should be imagined that in the making these Propositions his Majesties Kingdom of Scotland and his Subjects there have been forgotten and neglected his Majestie declares That what is here mentioned touching the Militia and the naming of Officers of State and Iudges shall likewise extend to his Kingdom of Scotland And now his Majestie having so fully and clearly expressed his Intentions and Desires of making a happy and well-grounded Peace if any person shall decline that happiness by opposing of so apparent a way of attaining it he will sufficiently demonstrate to all the World his Intention and Design can be no other than the total Subversion and Change of the ancient and happy Government of this Kingdom under which the English Nation hath so long flourished Given at our Court at Oxon the twenty fourth of January 1645. To the Speaker of the House of Peers c. This did not satisfie for upon the reading of this Declaration or Message in the House of Commons they produce other Letters and Papers taken at the Defeat of the Lord Ashley amongst which they finde Letters of the Arch-bishop of Yorkâ—o â—o the Lord Ashley and the Lord Digby's Letter from Ireland to the Archbishop concerning this business out of which and Glamorgan's own to the King hereafter they concluded much matter To the Right Honourable the Lord Ashley Most Noble Lord Your Lordships Letter of the twelfth of January I received late at night the nine and twentieth I have communicated to the Lord Byron the Marquess of Ormond his Letter of the twelfth of December and by this time not sooner the Lord Byron's Answer is at Dublin which I sent by his Lordships Chaplain it implied some Fears of holding out Chester thus long c. Colonel Butler tells me even now that the men and the shipping are still ready in Ireland though retarded hitherto by reason of this Distraction which sithence Tuesday last is so composed that the Earl of Glamorgan is out upon Bail of six or eight Noblemen whereof the Marq. of Clenricard is one c. from the Lord Lieutenant I have received no Answer in writing as yet though mine to him were many since the first of January nor from the Lord Digby any more to the purpose than this inclosed There is no relying on these Irish Forces for this Service though if they come they shall be carefully transported to such Rendezvouz as I shall hear is most â—itting for the passage of your Lordships Armie and to that end your Lordship shall be punctually informed of their landing and condition Conway Jan. 25. 1645. Your Lordships c. John Eborac The Lord Digby's Letter inclosed May it please your Grace I give you many thanks for your obliging Letter by Mr. Moor I have likewise sent yours to the Marquess of Ormond and I am glad to finde there that you do nott ake the Allarm at my Lord Glamorgan's Commitment so hot as upon it to despair of the Relief of Chester which though it hath been somewhat retarded by it yet I make little question now but it will go on speedily and effectually and of this I desire you to certifie my Lord Byron Dublin Jan. 21. 1645. Your Graces c. G. Digby And then to discipher the Mystery this of the Earl of Glamorgan's to the King was read also in the House For his Sacred Majestie May it please your Majestie I am now at Waterford providing Shipping immediately to transport six thousand Foot and four thousand more are by May next to follow I hope these will yet come opportunely to the Relief of Chester What hath been the occasions of so long Delay and
without the House of Lords We the Commons c. remembering that in the beginning of this War divers Protestations Declarations Suggestions c. were spread abroad by the King whereby the sincere Intentions of the Parliament for the publick good were mis-represented and so no need of a present War which is otherwise apparant by discoverie of the Enemies secrets and Gods immediate Blessings and Successes upon the Parliaments affairs and which Mistakes for some time had blemished the justice of this cause that if the Enemie had prevailed how dangerous the consequence would have been is now apparant And now notwithstanding Gods blessing on all our Endeavours Forces and Armies c. there are still the same spirits though under Disguise putting false constructions upon what hath already passed the Parliament as upon the thing under present Debate begetting a belief That we now desire to swerve from our first grounds aims and principles in the undertaking this War to recede from the solemn League and Covenant and Treaties between us and Scotland and that we would prolong these uncomfortable Troubles and bleeding Distractions to alter the fundamental constitution and frame of this Kingdom to leave all Government of the Church loose and unsetled and our selves to exercise the same arbitrary power over the persons and estates of the Subjects which this present Parliament thought fit to abolish by taking away the Star-chamber High Commission and other arbitrary Courts and the exorbitant power of the Council Table All which c. though our former actions are the best Demonstrations of our faithfulness to the publick yet if mis-believed may involve us into new Imbroilments We do declare our Endeavours are to setle Religion according to the Covenant to maintain the fundamental Rights of the Kingdom the Liberties of the Subject to desire a well-grounded peace in the three Kingdoms c. In effect Concerning Church-government we having so fully declared for a Presbyterial Government having spent so much pains taken up so much time for setling of it passed most of the particulars brought to us from the Assemblie of Divines called onely by us to advise of such things as shall be required of them by the Parliament and having published several Ordinances for putting the same in execution because we cannot consent to the granting of an arbitrary and unlimited power and jurisdiction to near ten thousand Iudicatories to be erected within this Kingdom and this demanded in a way inconsistent with the Fundamentals of Government excluding the power of Parliaments in the exercise of that Iurisdiction nor have we yet resolved how a due regard may be had that tender consciences which differ not in any Fundamentals in Religion may be so provided for as may stand with the Word of God and the peace of the Kingdom And let it be observed that we have had the more reason not to part with the power out of our hands since all by-past Ages manifest that the Reformation and purity of Religion and the preservation and protection of the people hath been by Parliament and the exercise of this power our Endeavours being to setle the Reformation in these Kingdoms of England and Ireland in Doctrine Worship Discipline and Government according to the Word of God and the Example of the best Reformed Churches and according to our Covenant Concerning a peace which is the right end of a just VVar to that purpose both Houses of Parliament have framed several Propositions to be sent to the King such as they hold necessary for the present and future safety of this Kingdom some of which are transmitted to our Brethren of Scotland where they now remain whose consent we doubt not to obtain since the Parliament of England is and ought to be sole and proper Iudg for the good of this Kingdom wherein we are so far from altering the fundamental constitution and Government of this Kingdom by King Lords and Commons that we onely have desired that by the consent of the King such powers may be setled in the two Houses to prevent a second and more destructive VVar not judging it wise or safe for the pretended power of the Militia in the King to have any authoritie in the same for the future introducing an arbitrary Government over this Nation and protecting Delinquents by force from the justice of Parliaments the chiefest grounds of the Parliaments taking up Arms in this Cause We do declare we will not interrupt the ordinary course of Iustice nor intermeddle in cases of private interest And as the Parliament have already for the benefit of the people taken away the Court of Wards and Liveries and all Tenures in capite and by Knights Service so we will take special care for the peoples ease in Levies of Moneys and in reducing Garisons Lastly whereas both Nations have entered into a solemn League and Covenant and Treaties between us concluded which we shall and have duly performed that nothing be done to the prejudice of either of them presuming that the good people of England will not receive prejudicate opinions by any forced constructions of that Covenant which is only to be expounded by them by whose authority it was established in this Kingdom April 18. But in great regret the Parliament order that the Preface to the Pamphlet intituled The Scots Commissioners Papers and the stating of the Question about the Propositions of Peace was this day burnt by the Hangman April 21. At length of time the eleventh of Iuly the tedious Propositions are finished and sent to the King by the Committee Earl of Pembroke and Montgomery and the Earl of Suffolk Mr. Goodwin Sir Iohn Hippesley Mr. Robinson and Sir Walter Earl The Propositions in general are these 1. That his Majesty would pass an Act for the Nulling of all Oaths Declarations and Proclamations against the Parliament of England of Scotland their Ordinances or their Adherents 2. The King to swear and sign the Covenant and an Act for the three Kingdoms to swear unto 3. An Act to take away Bishops and their Dependents 4. To confirm by Act the Assembly of Divines at Westminster 5. To settle Religion as the Parliament shall agree 6. In unity and uniformity with Scotland as shall be agreed upon by both Parliaments 7. An Act to be confirmed against Papists 8. Their Childâ—en to be educated in the Protestant Religion 9. And for Levies against their Estates 10. Against saying of Mass in this Kingdom 11. And in Scotland if they think fit 12. For observation of the Lords Day against Pluralities Non-Residents and for Regulating the Universities 13. That the Militia of England Ireland and Wales by Sea and Land be in the hands of the Parliament for twenty years and the like for Scotland and to raise Moneys for the same and to suppress all Forces raised in that time without their authority against all foreign Invasion Provided that the City of London may enjoy their Privileges to raise and imploy their
their Faction And now see the exercise of the Presbyterian power in Scotland and the Laws imposed on the people All Ministers are appointed as aforesaid by a popular Election utterly disallowing Patronages of Livings Cura animarum which will be prejudicial to Nobility and Gentry The very Ministers shall be kept poor enough and so to be serviâ—e to the peoples humours 2 Book Discip. cap. 3. These Stipends must be raised out of the Rents of Tythes which are paid to the Deacons besides provision for the poor and Schools 1. Book Discip. cap. 6. Nay the Kirk Rents are divided into four portions for the Minister one the other three divided for the Elders Deacons Doctors Schools Poor Reparations of the Kirk c. When all these Collops are cut out the Ministers part is partly taxed c. 1. Book Discip. cap. 5. Their Glebes if they exceed sixâ— Acres shall be detained ibid. cap. 6. In general it inslaves the People with Burdens and Vexations For as the Minister is poor none but the lowest people will enter into it and therefore they have Laws to compel men to that Function and Parents to dedicate their Children thereto by the Censures of the Kirk and civil power Ibid. cap. 4. 9. All persons must be â—atechized and as children all their life long once a year examined in the Principles of Religion Ibid. cap. 9. We imagine six and twenty Holy-days in a year to be a Burthen in the Prelacy yet the Presbytery have one Day in every Week taken from them besides the Sunday for Sermons and Prayers Ibid. cap. 9. We complain of Bishops Courts once in three Weeks the Presbytery yokes people with a Consistory one Day in every Week so they shall have but four Days in seven free to do their own business See Psalm Book If a man be acquitted of Homicide by the temporal Judge yet the Presbytery supposing him guilty which they always do will impose Satisfactions as they term it upon him and will tax Damages upon capital Offenders convict before the Judge and to moderate between the Offender and the party offended in that point all which may be seen in their Psalm Book If they please none shall be in safety with whom they have a mind to quarrel if the party conform not his words gestures expences diet or apparel to their liking nay if they but suspect him inordinate in those if he obey not their Admonitions Excommunication follows See Psalm Book That 's not all they will be Judges even in mens inward thoughts and affections also if they be by any means to be discovered 2. Book Discip. cap. 1. Conclusion This which yet appears is but the Lion's Paw his Body not easily to be seen but lies lurking in the Registers of their Assemblies and Sessions so that by the badness of what we see we may suspect the rest of their Acts Constitutions Practices recorded in their Registers Books would frighten any from that Profession Certainly the Scots themselves are weary of it and therefore we may suspect their Design as of Ulysses to bring it upon us like the Trojan Horse with the Belly full of armed men to take our Troynovant unlike to be setled without a War and that with their assistance We know very well how that the Parliament hath done prudently in declining the Erection of their Government absolute onely in part and that mixed in their six several Exceptions or Provisoes like the interim of Charls the fifth a middle way of Religion between Protestant and Papist made to reconcile them and compose Differences till a more perfect union might be found out the which displeased both sides as this of Theirs and Ours may do if God do not prevent it The Affairs of Ireland we have composed by it self not to intermix with the English and yet not to be set aside being contemporary with the other and of some use to comprehend either The Treaty began at Singeston in September 15. 1643. the Irish pretended for a Peace but a Cessation was all that was granted for a year and although sufficient provision had been to forbear all acts of Hostility during the time limited but however they have ever since the Cessation plundered and pillaged the English â—eizing the people and the Kings Forts and Castles surprizing the Castle of Wicklo and put all to the Sword men women and children not suffering them Burial but left to the ravening Wolves Soon after the Cessation they sent Commissioners to the King to supplicate for a Peace and withal they moved for certain concessions of grace which they hoped to have been granted but were referred therein to the Lord General Ormond which was so spun out by the Irish that what might have ended in a Moneth held out almost two years yet no Peace fully concluded all which time they treacherously spent in Contrivances and dangerous Designs for in the midst of the Treaty they sent their Agents beyond Seas to solicite the aid of foreign Princes and called home such of their Countrey Commanders in military affairs who went over by flocks with Ammunition and Powder and such Money as their begging Clergy could get for them Amongst many one Bealing an active Instrument in this wicked Rebellion was sent over and returned with the Popes Nuncio who sits at the Helm of their affairs and challenges the Rule of all Ireland as of Right belonging to his Holiness of Rome And whilest they treated with Ormond they also treated underhand with the Earl of Glamorgan upon other Articles of Peace grounded upon a pretended Commission of the Kings which his Majesty wholly disavowed and protested against it in his Declaration to the Parliament This Commission was discovered by occasion of the Death of Malachias titulary Archbishop of Tuam who was killed with two of his Chaplains in the County of Sligâ— upon a sudden Inrode made by the Scots in that part and a Copy of the Original found about him subscribed under the hands of Glamorgan and the Commissioners heretofore mentioned which Project would have carried away all Spiritual Living Impropriate and Institutive and prejudicial also to the Laity whose Inheritances were mainly concerned therein and to the total and final Extirpation of the Protestant Clergy The Commissioners as they did not openly wave the Contract with Glamorgan so neither did they stand to claim any benefit thereby for that time but were content for the present that the Treaty with Ormond should be kept on foot which being accordingly continued for a time and at last brought to a period Articles signed and sealed by both parties imparting his Majesties Grant to certain Concessions of Grace to that party provided that they should assist the King with an Army of ten thousand men viz. six thousand on the first of April and four thousand on the first of May following but not a title of this performed nor any other of their Conditions contracted for So then the best way to work
upon these faithless Creatures is to force them by the Sword which may cut off the rebellious Members and cause others to keep within the compass of Loyalty for no sooner were the English Forces called over out of Ireland for the Kings Service in England Anno 1643. but the Rebells broke all Contracts and began their Rapines and Murders as at first and in a word all Treaties of Peace with Irish Rebells from the first of their Insurrections have ever proceeded fatal to the English producing no other effects than Treacheries which being not timely discovered brought Mischief and Misery upon the heads of them who had too much relyed on them But now it may seem unreasonable say some to neglect an adventure of a second Treaty of Peace when the English are not able to force them by the Sword nor to defend themselves And 't is as true that the English deserve blame for trifling so much time before the Association with the Scots was concluded or the counsels of both communicated each to other uniting into one Body and might have prevented that unfortunate Blow which was given to the Scots by the Arch traitour Owen Ro Oneal who now wants nothing to crown his Designs but the winning of Dublin and Drogheda the onely two places of Importance within the Province of Lemster now remaining in the Kings possession The wilfull separation of the English and Scots which should hold together in this Irish War verifies the Observation Dum pugnamus singuli vincimur universi And by this means the Rebells prevailed in their Cruelties enforcing the Protestants to abandon their Habitations nay theiâ— Nation and to cross the Seas by Hundreds and Thousands to prevent the cruelty of the barbarous Enemy bemoaning themselves as formerly the Britains said by the Scots Repellunt Barbari ad Mare repellit Mare ad Barbaros inter haec duo genera funerum aut jugulamur aut mergimur But in effect good counsel was not accepted and so misery followed for a long time to the English Protestants The King now with the Scots Army was wrought upon to comply with them and the Parliament as he had cast himself into their hands so now it was his necessity also to put his own affairs to their managing and under his hand to give command to all his Garisons to surrender to the Parliament His affairs in Ireland were kept up as yet being at this distance not so soon to be submitted yet in order thereto he writes to the Marquess of Ormond his Lieutenant General there from Newcastle the eleventh of Iune 1646. requiring him and peremptorily commanding not to fall into any Treaty with the Irish which might engage the King to the Romish Catholicks party with whom he was induced to a Pacification which being communicated with the Council Board they all resolved to yield obedience in that point and a Letter instantly drawn up to return to the King with their punctual submission with an ample Relation of other Occurrents and passages concerning the Kings Service there where on the sudden one of the Council of honourable Rank gave it in to be considered that the King being now under Restraint may not be free to do as himself might think fit but what his new Masters may enforce from him and this Command of his was likely to proceed from them in the Scots Army To clear this Doubt the Bishop of Meath gave his Opinion that it seemed to him to be the Kings free act without enforcement Observing that they are not required by his Majesties Letters to take the Covenant or to conform to the new way of Reformation in Divine Worship nor to withdraw obedience from the Government established by his Royal Authority but the King being now disobliged of all former Engagement which the Irish had upon him by their wilfull Breach of Conditions he would not now again trust them any more upon the like score and therefore the matter of Peace being now the Rebells aim no longer than they may be anew furnished for a more fearfull War besides the Kings party must be enforced to make War upon the Parliaments party who are absolutely resolved never to afford them a Peace untill they have revenged the inhumane Murders made upon our Countreymen and Protestants And being now united with the powers of two potent Kingdoms England and Scotland this same Nation of Ireland if supposed to be faithfull can never be able to oppose them But this advice was somewhat checked by the visible assistance of the French who had already heightened up the Kings party to a War against the Parliament and to joyn in Peace with the Irish having already sent the Lord Digby with ten thousand pounds to Ormond as the earnest of some particular matters hereafter the pretence was to restore the King But in truth the French King aimed at his own advantage by favouring the Irish for the French Resident there had written to Ormond That if the King and Parliament should conclude a Peace it must be necessary to comprehend the Irish therein and for their settlement in their due Rights otherwise his Master must take the Irish into his Protection A practice evermore of the Irish to seek protection of Foreign Princes Bodin in his first Book de Republ. mentioneth an Earl of Desmond Gerald Fitz Iames the last of that House was killed in actual Rebellion and was afterwards attainted by Act of Parliament This Gerald had writ a Letter to Henry 2. of France That if his Majesty could procure a Grant of the Kingdom of Ireland from the Pope he would be content to hold it of him as in fee. Which Letter seems to have some reference to the Popes claim of a Right or propriety challenged by him in all the Islands of the World and so in Ireland upon which pretended ground Pope Adrian the fourth called Nicholas Breakspear â— and sometime a Monk of St. Albans licenced Henry 2. of England to invade Ireland and passed a Grant to him of the whole Kingdom reserving to his Holiness an annual Rent of Peter-pence to be passed out of every House in the Land the Original Record is kept in the Vatican and the Copy to be read in Baronius Annals And why not the same Design of France at this time the Popes Nuncio and the French Agent had been there above a year resident amongst the Confederates And it seems considerable for any ambitious Prince to purchace thereby to step into the Conquest of England It was the Observation of one of the Irish petit Kings who being driven out by some seditious Inhabitants sailed over into Anglesey then called Monae the Isle of Man and getting access to the Roman General Iulius Agricola told him that the Kingdom of Ireland might be kept in subjection Regione una modicis auxiliis adversus Britaniam profuturum If the Britains should by any sudden Insurrection shake off their yoke under the Roman Emperour And certainly
down thither for Subscribers Then comes out an Apology of the common Souldiers to their General presented under the Hands of the Agents or Commissioners as they call themselves for the several Regiments wherein they complain of the Design of Modelling and Disbanding some of their Forces styling the publick proceedings To be a Plot a meer Cloak for some who have lately tasted of Sovereigntie and being lifted beyond their ordinary Sphere of Servants seek to become Masters and degenerate into Tyrants and therefore utterly refuse the Service of Ireland untill their Desires be granted the just Right and Liberties of the Subject vindicated and maintained To which they all subsign April 28. for which some of them were questioned and imprisoned but then they are angry indeed and complain to their General That they speaking but for the Rights and Liberties of this Nation are some of them slighted abused beaten and dragged to Goals to the Ruine of their Estates and loss of their Lives The Parliament bussle and vote the Apologizers Enemies to the State and such as they could catch were laid by the heels at London The King was close beset with watchfull eys over him and yet one Major Bosvil once of his Army and of the Lord Cleveland's Regiment disguised in a Countrey-mans Habit the King walking out passed over a narrow Bridg he put a Pacquet into the Kings hand but was discovered by the Miller directing the Pursuit after the Major who was overtaken and brought to confession That the Letters came from the Queen at Paris and that they contain a Desire of the Prince of Wales to go with the Duke of Orleans into the Field this Summer who commands the French Armie against the Spaniards in Flanders But the King being desired to acquaint his Guardians with the Contents he answered That he was not to give account to any man living And because the Countrey flocked to the Court for cure of the Disease called The Kings Evil the Parliament declare That the People shall be satisfied of the fond Superstition of that custome to be touched by the King and that they are not suffered to be healed by him And being the Feast of the Church called Easter the Parliament discharged that Solemn Custom But were told by the King that the Feast was Instituted by the same Authority which changed the Iewish Sabbath into the Lords day or Sunday for the Scripture doth not mention this So then we may as well return to the Sabbath Saturday if we refuse the Church Authority which Instituted both 23. April This day was read the Kings Letter to the Parliament in effect to Answer the Propositions formerly sent to him which he had lying by him and that himself without a Secretary had formed this Answer CHARLES REX As the daily expectation of the coming of the Propositions hath made his Majesty this long time to forbear giving his Answer unto them so the appearance of their sending being no more for any thing he can hear than it was at his first coming hither notwithstanding that the Earl of Louderdale hath been at London above these ten daies whose not coming was said to be the only stop hath caused his Majestie thus to anticipate their coming to him and yet considering his condition that his Servants are denied accesse to him all but very few and those by appointment not his own election and that it is declared a crime for any but the Commissioners or such who are particularly permitted by them to converse with his Majesty or that any Letters should be given to or received from him may he not truly say that he is not in case fit to make concessions or give Answers since he is not master of those ordinary actions which are the undoubted rights of any free-born man how mean soever his birth be And certainly he would still be silent as to this Subject untill his condition were much mended did he not prefer such a right understanding betwixt him and his Parliaments of both Kingdoms which may make a firm and lasting peace in all his Dominions before any particular of his own or any earthly blessing and therefore his Majesty hath diligently emploied his utmost endeavours for divers moneths past so to inform his understanding and satisfie his Conscience that he might be able to give such Answers to the Propositions as would be most conformable to his Parliament but he ingeniously professes that notwithstanding all the pains that he hath taken therein the nature of some of them appears such unto him that without disclaiming that Reason which God hath given him to judge by for the good of him and his people and without putting the greatest violence upon his own Conscience he cannot give his consent to all of them Yet his Majesty that it may appear to all the World how desirous he is to give full satisfaction hath thought fit hereby to expresse his readinesse to grant what he may and his willingnesse to receive from them and that personally if his two Houses at Westminster shall approve thereof such further information in the rest as may best convince his iudgment and satisfie those doubts which are not yet clear unto him desiring them also to consider that if his Majesty intended to winde himself out of these troubles by indirect means were it not easie for him now readily to consent to what hath or shall be proposed unto him and afterwards choose his time to break all alleging that forced Concessions are not to be kept surely he might and not incur a hard censure from indifferent men But maxims in this kinde are not the guides of his Majesties actions for he freely and clearly avowes that he holds it unlawfull for any man and most base in a King to recede from his promises for having been obtained by force or under restraint wherefore his Majestie not only rejecting those acts which he esteems unworthy of him but even passing by that which he might well insist upon a point of honour in respect of his present condition thus answers the first Proposition That upon his Majesties coming to London he will heartily joyn in all that shall concern the honour of his two Kingdoms or the Assembly of the States of Scotland or of the Commissioners or Deputies of either Kingdom particularly in those things which are desired in that Proposition upon confidence that all of them respectively with the same tendernesse will look upon those things which concern his Majesties honour In Answer to all the Propositions concerning Religion his Majesty proposeth that he will confirm the Presbyterial government the Assembly of Divines at Westminster and the Directory for three years being the time set down by the two Houses so that his Majesty and his houshold be not hindered from that Form of Gods Service which they formerly have And also that a free consultation and debate be had with the Divines at Westminster twenty of his Majesties nomination being added
the Army hereabouts the charge thereof shall be laid upon them and their Adherents about the City That the Parliament would consider of their Delinquencie that had a hand in the late Tumult Engagement and Design of a new War that they may be fined according to Iustice. That the Army will dispose themselves for the Levying the money required in case speedy advancement be not made The City seemed hide bound and underhand it was conceived that the Army was too high to be hindered from being their own carvers The Army suspect that they are too well understood And therefore not to drindle any longer And in plain terms Represent their desires to the Parliament with a Letter from the General and his Councel Remembring them that in their former Declaration from St. Albons it was expressed in General for setling and securing the Kingdom In order to which they presented their Proposals and in pursuance thereof having set forth what their desires are as Members of the Common-wealth They now desire those things which concern themselves as Souldiers and of satisfactions in relation thereto to be taken into speedy consideration by the Parliament In brief That a Committee of the Parliament may reside in the Armie to audite their Accounts of the Armies Arrears and to give Debenters as well for the pay respited upon the Publick Faith as otherwise for their service under this General or any other respective Commanders in the Parliaments Service which is to be made an unquestionable debt That Bishops Dean and Chapters and Forrest Lands may be sold for payment of the Armies Arrears That an Ordinance be passed that no person that is or shall be in this Army shall not be impressed to any Foreign service nor any Horseman be ever forced to serve on Foot in any future case An Act to pass for Prentices Freedom that have served the Parliament and provision for their maimed Souldiers Widows and Orphans An Act for Indemnity of Souldiers for any Action Petition or Papers agreed at Waldon in March last or any thing else in relation to the Army This begat serious consideration of the Parliament and present payment of 30000. l. and their gratuity to the Army and the moneths pay and all these from their own Treasurers and for the present they could but leavy the Arrears due from the City which was done with wonderful regret Propositions of Peace were now finished the consent and approbation of the Estates of Scotland returned and so they are speeded to the King at Hampton Court 7. Septemb. by the Commissioners the Earl of Pembroke the Lord Mountague Sir Iames Harrington Sir Io. Cook Sir Io. Holland and Major General Brown for the Parliament and the Earl of Lotherdale and Sir Charls Erskin for the Scots And though the Propositions were long the King told them they should have a speedy Answer which he delivered to them in writing the next day C. R. His Majestie cannot chuse but be passionatelie sensible as he believes all his good Subjects are of the late great distractions â—nd still languishing and unsetled state of this Kingdom and he calls God to witness and is willing to give Testimonie to all the world of his readiness to contribute his utmost endeavours for restoring it to a happy and flourishing condition His Majestie having perused the Propositions now brought to him finds them the same in effect which were offered to him at Newcastle To some of which as he could not then consent without violation of his conscience and honour so neither can he agree to others now conceiving them in many respects more disagreeable to the present condition of affairs than when they were formerly presented unto him as being destructive to the main principal interests of the Army and of all those whose affections concur with them And his Majestie having seen the proposals of the Army to the Commissioners from his two Houses residing with them and with them to be treated on in order to the clearing and securing of the Rights and Liberties of the Kingdom and the setling of a just and lasting Peace To which proposals as the conceives his two Houses not to be strangers So he believes they will think with him that they much more conduce to the satisfaction of all interests and may be a fitter foundation for a lasting peace than the propositions which at this time are tendred unto him He therefore propounds as the best way in his judgement in order to a peace that his two Houses would instantly take into consideration those proposals upon which there may be a personal Treatie with his Majestie and upon such other Propositions as his Majestie shall make hoping that the said proposals may be so moderated in the said Treatie as to render them the more capable of his Majesties full concession wherein he resolves to give full satisfaction to his people for whatsoever shall concern the Protestant profession with liberty to tender Consciences the securing of the Lawes Liberties and properties of his Subjects and all the just Priviledges of Parliaments for the future and likewise by his present deportment in this Treaty he will make the world clearly judge of his intentions in matters of future Government In which Treaty his Majestie will be well pleased if it be thought fit that Commissioners from the Army whose the proposals are may likewise be admitted His Majestie therefore conjures his two Houses of Parliament by the duty they owe God and his Majesty their King And by the bowels of Compassion they have to their fellow Subjects both for relief of their present sufferings and to prevent future miseries that they will forthwith accept of this his Majesties offer whereby the joyful news of Peace may be restored to this distressed Kingdom And for what concerns the Kingdom of Scotland mentioned in the Propositions his Majestie will very willingly Treat upon those particulars with the Scotish Commissioners and doubts not but to give reasonable satisfaction to that his Kingdom At Hampton-Court the 9. of September 1647. For the Speaker of the House of Peers pro tempore to be communicated c. By this Answer we see the King is catchâ—t to comply with the Army rather in their Proposals for setling of a peace 1. Aug. for now the design is working In order thereto Colonel Hamond is sent down to be Governour of the Isle of Wight an Item to the great fate that followed And the Kings Answer is Voted a flat denial That the King denies in his Answer to give his assent to the Propositions and that the King and those about the King shall speedily be taken into consideration Then after a dayes time to consider they debate Whether to adhere to the Propositions or fall upon the Proposals or have a personal Treaty with the King or not or whether to send the Propositions again to the King But after debates they resolve To fall upon the settlement of the Kingdom by
must be the best and only remedy to remove our troubles That without a Treaty the Propositions may be esteemed Impositions That the King might have some just desires to move for the Crown and for himself and that every thing in the Propositions might not be of such importance as that the not granting it might hinder a peace That a personal Treaty is the best way to beget a mutual confidence between the King and Parliament And amongst other Protestations they aver That if Scotland had apprehended that the least injury or violence would have been committed against his person or Monarchical Government had they not received assurances from the Parliament to the contrary certainly all the threatnings and allurements in the world could never have perswaded them to have parted from the King and that it was their brotherly confidence in the Parliament fellow Subjects and the assurance that they had from both Houses that made them leave the King Then they complain of a vast deformity or multiformity of Heresies and sects endangering the ruin of Religion in this Kingdom But what ere the Scots have said in this Declaration the Parliament afterwards found out such Members at leisure that formed into a Committee for that purpose gave them a sound Answer But the King in the general Interest of all conceived them so unreasonable to be positively assented unto before a Treaty or dispute of some part or either of them as that he refused Giving his Reasons in a Letter or Message sealed up to the Commissioners for the Parliament to open But the Earl of Denbigh the cheif Commissioner desired the King that although they were intrusted only to bring the demands in writing and not to Treat yet they hope his Majesty would distinguish them from ordinary Commissioners and suffer them to see what was written professing that his Majesty should not receive disappointment or prejudice thereby The King Commands Ashburnham to read them aloud in these words C. R. The Necessity of complying with all engaged interests in these great distempers for a perfect settlement of peace his Majesty findes to be none of the least difficulties he hath met with since the time of his afflictions Which is too visible when at the same time that the two Houses of the English Parliament do present to his Majesty several Bills and Propositions for his consent the Commissioners for Scotland do openly protest against them So that were there nothing in the case but the consideration of that difference his Majesty cannot Imagine how to give such an Answer to what is now proposed as thereby to promise himself his great end A perfect Peace And when his Majesty further considers how impossible it is in the condition he now stands to fulfil the desires of the two Houses since the only ancient and known wayes of passing Laws are either by his Majesties personal assent in the House of Peers or by Commission under his great Seal of England He cannot but wonder at such failings in the manner of addresse which is now made unto him Unlesse his two Houses intend that his Majesty shall allow of a great Seal made without his Authority before there be any consideration had thereupon in a Treaty Which as it may hereafter hazard the security it self so for the present it seems very unreasonable to his Majesty And though his Majesty is willing to believe that the intentions of very many in both Houses in sending these Bills before a Treaty was only to obtain a trust from him and not to take any advantage by passing them to force other things from him which are either against his Conscience or Honour Yet his Majesty believes it clear to all understandings that these Bills contain as they are now penned not only the divesting himself of all Soveraignty and that without possibility of recovering it either to him or his Successors except by repeal of those Bills but also the making his Concessions guilty of the greatest pressures that can be made upon the Subject as in other particulars so by giving an arbitrary and unlimited power to the two Houses for ever to raise and levy Forces for Land or Sea service of what persons without distinction or quality and to what numbers they please And likewise for the payment of them to levy what monies in such sort and by such wayes and means and consequently upon the Estates of whatsoever persons they shall think fit and appoint which is utterly inconsistent with the Liberty and Property of the Subject and his Majesties trust in protecting them So that if the Major part of both Houses shall think it necessary to put the rest of the propositions into Bills his Majesty leaves all the World to judge how unsafe it would be for him to consent thereunto And if not what a strange condition after the passing of these four Bills his Majesty and all his Subjects would be cast into And here his Majesty thinks it not unfit to wish his two Houses to consider well the manner of their proceeding That when his Maiesty desires a personal Treaty with them for the setling of a Peace they in Answer propose the very subject matter of the most essential part thereof to be the first granted A thing which will be hardly credible to posterity Wherefore his Majesty declares That neither the desire of being freed from this tedious and Irksome condition of life his Majesty hath so long suffered nor the apprehension of what may befall him in case his two Houses shal not attend him a personal Treaty shall make him change his resolution of not consenting to any Act till the whole Peace be concluded yet then he intends not only to give just and reasonable satisfaction in the particulars presented to him but also to make good all other concessions mentioned in his Message of the twenty sixth of November last Which he thought would have produced better effects than what he findes in the Bills and Propositions now presented unto him And yet his Majesty cannot give over but now again earnestly presse for a personal Treaty so passionately is he affected with the advantages which peace will bring to his Majesty and all his Subjects of which he will not all dispair there being no other visible way to obtain a well grounded peace How ever his Majesty is very much at ease within himself for having fulfilled the Offices both of a Christian and of a King and will patiently wait the good pleasure of Almighty God to encline the hearts of his two Houses to consider their King and to compassionate their fellow Subjects miseries Carisbroke Castle Decem. 28. 1647. For the Speaker of the Lords House c. Herein the Commissioners found what pinched the Parliament and no sooner had the Parliaments Commissioners taken their leave and were gone towards Newport but Hamond turns out all the Kings Servants out of the Castle The confusion was so great that the King demands of
make Peace with the Parliament from Cardiffe Aug. 1645. CHARLES REX Nephew this is occasioned by a Letter of yours which the Duke of Richmond shewed to me last night And first I assure you I have been and ever will be very careful to advertise you of my resolutions as soon as they were taken and if I enjoyned silence to that which was no secret it was not my fault for I thought it one and I am sure it ought to have been so Now as for your Opinion of my Business and your Counsel thereupon If I had any other quarrel but the defence of my Religion Crown and Friends you had full reason for your advice for I confess that speaking either as a meer Souldier or Statesman I must say there is no probability but of my ruine Yet as a Christian I must tell you that God will not suffer Rebels and Traitors to prosper or this Cause to be overthrown And whatsoever personal punishment it shall please him to inflict upon me must not make me repine much less give over this quarrel And there is as little Question that a composition with them at this time is nothing else but a submission which by the grace of God I am resolved against whatsoever it cost me for I know my Obligation to be both in Conscience and Honour neither to abandon Gods Cause nor to injure my Successors nor forsake my Friends Indeed I cannot flatter my self with expectation of good success more then this to end my daies with Honour and a good Conscience which obligeth me to continue my endeavours as not despairing that God may yet in due time avenge his own Cause though I must avow to all my Friends that he that will stay with me all this time must expect and resolve either to dye for a good Cause or which is worse to live as miserable in maintaining it as the violence of insulting Rebels can make him Having thus truly and impartially stated my Case unto you and plainly told you my positive resolutions which by the grace of God I will not alter they being neither lightlie nor suddenlie grounded I earnestly desire not in any wise to hearken after Treaties assuring you as low as I am I will doe no less then what was offered in my Name at Uxbridge confessing that it were as great a miracle that they should agree to so much reason as that I should be within a moneth in the same condition that I was immediatelie before the Battel at Naseby Therefore for Gods sake let us not flatter our selves with these conceits and believe me your very imagination that you are desirous of a Treatie will but loose me so much the sooner and therefore as you love me whatsoever you have alreadie done applie your discourse hereafter according to my resolution and judgement As for the Irish I le assure you they shall not cheat me but it is possible they may cozen themselves For be assured what I have refused to the English I will not grant to the Irish Rebels never trusting to that kinde of People of what Nation soever more then I see by their Actions And I am sending to Ormond such a dispatch as I am sure will please you and all honest men a Copie thereof by the next opportunitie you shall have Lastly be confident I would not have put you nor my self to the trouble of this long Letter had I not a great estimation of you and a full confidence of your friendship to CHARLES REX Cardiffe Aug. 1645. These are the Kings grounds and reasons rebus sic not to descend beneath the propositions offered at Uxbridge And herein he was resolved not trusting to publick counsels in the affairs of Peace And therefore in General most opinions of his Friends were for a Treatie grounding their reasons upon the Kings desperate condition little hope being left to him by force to end these differences To the desire of a Treaty some Councellors in the Princes Army now in the West had advised his Highness to send to his Majesty to that effect Whereupon the Prince writes to the General Fairfax who with his Forces were quartered about him to grant his pass for the Lord Hopton and the Lord Culpepper to go to the King and mediate with him for a Treaty with the Parliament To which after a fortnights consult with his Committee he returns answer or rather his advice for the Prince to disband his Army he now commands which he conceives would be the readiest way for the security of him and his posterity and of those who attend and adhere to him Which if he will do the General would in person conduct himself to the Parliament November 8. To which Answer the Lord Capel had Commission three weeks after to Reply In answer to yours of the eight of the last Moneth His Highness hath commanded me to let you know that he did not believe that his overture of engaging himself in the mediation of a blessed peace for his miserable Kingdome which he did and doth still very earnestly desire to labour in would have brought him an inhibition to quit his duty and loyalty to his royal Father by dividing his Interest from that of his Majesties whereby he should render himself unworthy and uncapable of the fruits of that peace he labours for If his former propositions may be consented unto he hopes God will so bless his sincere intentions and desires as to make him a blessed Instrument to preserve this Kingdome from desolation But if that be rejected he shall give the world no cause to believe that he will forfeit that honour and integrity which can onely preserve him in a capacity of doing that service and shall with patience attend Gods good pleasure untill his endeavours may be applied with preservation of his innocency This is all I have in command from His Highness Exon. Decemb. 1. Your servant Arthur Capel And no reply hereto the King then at Oxford taking knowledge of these passages is put to the extremity of seeking it himself whether of his own inclination or pressed thereto by his Council He sends a Trumpet to the Parliament with a Letter for safe conduct for certain persons of Honour to be sent with propositions of peace which came inclosed in a Letter of Sir Thomas Glenhams Governour of Oxford and directed to the Speaker of the House of Peers Decemb. 5. C. R. His Majesty being deeply sensible of the continuation of this bloody and unnatural war cannot think himself discharged of the duty he owes to God or the affection and regard he hath to the preservation of his people without the constant application of his earnest endeavours to finde some expedient for the speedy ending of these unhappy distractions if that may be he doth therefore desire that a safe conduct may be forthwith sent for the Duke of Richmond the Earl of Southampton John Ashburnham and Jeffrey Palmer Esqs and their attendance for
their journey to Westminster during their stay there and to return when they shall think fit whom his Majesty intends to send to the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland furnished with such propositions as his Majesty is confident will be the Foundation of a happy peace Oxford Decemb. 5. 1645. For the Speaker of the House of Peers pro tempore To which the Parliament return Answer signed by the two Speakers and the Scotish Commissioners in effect thus That they were sensible of the sad condition of the three Kingdomes occasioned by his Majesties separation from them and that they will use all means possible for procuring of a safe and well grounded peace for the setling of his just and legal prerogative their undoubted priviledges and the Subjects liberties That had his Majesties intentions been the same with his pretences and expressions a happy peace had been setled long since That they cannot agree to his desires for coming of the Lords and Gentlemen with their attendants and followers into their Quarters in regard the design may be of dangerous consequence But that to shew their earnest endeavours and intentions for peace they were before his Majesties Letters sent in debate of propositions for peace which they are ready to draw up and finish with all expedition to be signed by way of Bill by his Majesty Decemb. 10. But although they had ordered Tuesdayes and Saturdayes express for debate of the Propositions yet they are not finished therefore the King remindes them with a Message in pursuance of the former thus C. R. His Majesty cannot but extreamly wonder that after so many expressions on your part of a deep and seeming sense of the miseries of this afflicted Kingdom and of the dangers incident to his Person during the continuance of this unnatural VVars your many great and so often repeated Protestations that the raising of these Arms hath been only for the necessary defence of Gods true Religion his Majesties honour safety and prosperity the peace comfort and security of his people you should delay a safe Conduct to the persons mentioned in his Majesties Message of the fifth of this instant December which are to be sent unto you with propositions for a well-grounded peace A thing so far from having been deâ—ied at any time by his Majesty whensoever you have desired the same that he believes it hath been seldom if ever practised among the most avowed and professed enemies much lesse from Subjects to their King But his Majesty is resolved that no discouragements whatsoever shall make him fail of his part in doing his utmost endeavours to put an end to these Calamities which if not in time prevented must prove the ruin of this unhappy Nation And therefore doth once again desire that a safe Conduct be forthwith sent for those persons expressed in his former Message and doth therefore conjure you as you will answer to Almighty God in that day when He shall make Inquisition for all the blood that hath and may be yet spilt in this unnatural War as you tender the preservation and establishment of the true Religion by all the bonds of Duty and Allegiance to your King or compassion to your bleeding and unhappy Country and of charity to your selves that you dispose your hearts to a true sense and imploy all your faculties in a more serious endeavour together with his Majesty to set a speedy end to these wasting Divisions and then he shall not doubt but that God will again give the blessing of peace to this distracted Kingdom Oxford the 15. of December 1645. For the Speaker of the House of Peers pro tempore All this would not do the King in some trouble finding their neglect stirs them up another way offering a personal Treaty to prevent the Inconveniencies of Misunderstandings and the distance of place for amendments therefore he offers to come home to them and Treat December 26. C. R. Notwithstanding the strange and unexpected delayes which can be precedented by no former times to his Majesties two former Messages his Majesty will lay aside all expostulations as rather serving to lose time then to contribut any remedy to the evils which for the present doe afflict this distracted Kingdom therefore without further preamble his Majesty thinks it most necessary to send these Propositions this way which he intended to doe by the persons mentioned in his former Messages though he well knows the great disadvantage which overtures of this kind have by the want of being accompanied by well instructed Messengers His Majesty conceiving that the former Treaties have hitherto proved ineffectual chiefly for want of power in those persons that Treated as likewise because those from whom their power was derived not possibly having the particular informations of every several debate could not give so clear a judgement as was requisite in so important a businesse If therefore his Majesty may have the engagement of the two Houses of Parliament at Westminster the Commissioners of the Parliament of Scotland the Major Aldermen Common-Councel and Militia of London of the chief Commanders in Sir Thomas Fairfax his Army as also those in the Scots Army for his Majesties free and safe coming to and abode in London or Westminster with such of his servants now attending him and their followers not exceeding in all the number of three hundred for the space of fourty dayes and after the said time for his free and safe repair to any of his Garisons of Oxford Worcester or Newark which his Majesty shall nominate at any time before his going from London or Westminster his Majesty propounds to have a personal Treaty with the two Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland upon all matters which may conduce to the restoring of peace and happiness to these miserable distracted Kingdoms And to begin with the three Heads which were Treated on at Uxbridg And for the better clearing of his Majesties earnest and sincere intentions of putting an end to these unnatural distractions knowing that point of security may prove the greatest obstacle to this most blessed work his Majesty therefore declares that he is willing to commit the great trust of the Militia of this Kingdom for such time and with such powers as are exprest in the Paper delivered by his Majesties Commissioners at Uxbridg the sixth of February last to these persons following viz. the Lord Privy Seal the Duke of Richmond the Marquesse of Hertford the Marquess of Dorchester the Earl of Dorset Lord Chamberlain the Earl of Northumberland the Earl of Essex Earl of Southampton Earl of Pembroke Earl of Salisbury Earl of Manchester Earl of Warwick Earl of Denbigh Earl of Chichester Lord Say Lord Seymour Lord Lucas Lord Lexington M. Denzil Hollis M. Perpoint M. Hen. Bellasis M. Rich. Spencer Sir Thomas Fairfax M. John Ashburnham Sir Gervas â—lifton Sir Hen.