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A50368 The history of the Parliament of England, which began November the third, MDCXL with a short and necessary view of some precedent yeares / written by Thomas May, Esquire ... May, Thomas, 1595-1650. 1647 (1647) Wing M1410; ESTC R8147 223,011 376

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Security of Your Subjects and Dominions You will be pleased to grant and accept these their humble Desires and Propositions as the most necessary effectual Means through God's blessing of removing those Iealousies and Differences which have unhappily fallen betwixt You and Your People and procuring both Your Majestie and Them a constant course of Honour Peace and Happinesse The Propositions 1. That the Lords and others of Your Majesties Privie Councel and such great Officers and Ministers of State either at home or beyond the Seas may be put from Your Privie Councel and from those Offices and Employments excepting such as shall be approved of by both Houses of Parliament And that the Persons put into the Places and Employment of those that are removed may be approved of by both Houses of Parliament And that Privie Counsellors shall take an Oath for the due execution of their places in such form as shall be agreed upon by both Houses of Parliament 2. That the great Affairs of the Kingdom may not be concluded or transacted by the advice of private men or by any unknown or unsworn Counsellors but that such matters as concern the Publike and are proper for the high Court of Parliament which is Your Majesties great and supreme Councel may be debated resolved and transacted onely in Parliament and not elsewhere and such as shall presume to do any thing to the contrary shall be reserved to the censure and judgement of Parliament And such other matters of State as are proper for Your Majesties Privie Councel shall be debated and concluded by such of the Nobility and others as shall from time to time be chosen for that place by approbation of both Houses of Parliament And that no publike Act concerning the Affairs of the Kingdom which are proper for Your Privie Councel may be esteemed of any validity as proceeding from the Royal Authority unlesse it be done by the Advice and Consent of the major part of Your Councel attested under their hands And that Your Councel may be limited to a certain number not exceeding twenty five nor under fifteen And if any Councellours place happen to be void in the interval of Parliament it shall not be supplied without the assent of the major part of the Councel which voice shall be confirmed at the next sitting of Parliament or else to be void 3. That the Lord high Steward of England Lord high Constable Lord Chancellour or Lord Keeper of the Great Seal Lord Treasurer Lord Privie Seal Earl Marshal Lord Admiral Warden of the Cinque-Ports chief Governour of Ireland Chancellour of the Exchequer Master of the Wards Secretaries of State two Chief Justices and Chief Baron may always be chosen with the approbation of both Houses of Parliament and in the intervals of Parliaments by assent of the major part of the Councel in such manner as is before exprest in the choice of Counsellours 4. That he or they unto whom the Government and Education of the King's Children shall be committed shall be approved of by both houses of Parliament and in the intervals of Parliament by the assent of the major part of the Councel in such manner as is before exprest in the choice of Counsellours And that all such Servants as are now about them against whom both Houses shall have any just exceptions shall be removed 5. That no Marriage shall be concluded or treated for any of the King's Children with any forraign Prince or other person whatsoever abroad or at home without the consent of Parliament under the Penalty of a Praemunire unto such as shall be concluded or treat any Marriage as aforesaid And that the said Penalty shall not be pardoned or dispensed with but by the consent of both houses of Parliament 6. That the Laws in force against Jesuites Priests and Popish Recusants be strictly put in execution without any Toleration or Dispensation to the contrary And that some more effectual course may be enacted by Authority of Parliament to disable them from making any disturbance in the State or eluding the Law by Trusts on otherwise 7. That the Votes of Popish Lords in the house of Peers may be taken away so long as they continue Papists And that Your Majestie will consent to such a Bill as shall be drawn for the education of the children of Papists by Protestants in the Protestant Religion 8. That Your Majestie will be pleased to consent that such a Reformation be made of the Church-Government and Liturgie as both Houses of Parliament shall advise wherein they intend to have Consultations with Divines as is expressed in their Declaration to that purpose And that Your Majestie will contribute Your best assistance to them for the raising of a sufficient Maintenance for preaching Ministers thorow the Kingdom And that Your Majestie will be pleased to give Your Consent to Laws for the taking away of Innovations and Superstition and of Pluralities and against scandalous Ministers 9. That Your Majestie will be pleased to rest satisfied with that course that the Lords and Commons have appointed for ordering of the Militia until the same shall be further setled by a Bill And that Your Majestie will recal Your Declarations and Proclamations against the Ordinance made by the Lords and Commons concerning it 10. That such Members of either Houses of Parliament as have during this present Parliament been put out of any Place and Office may either be restored to that Place and Office or otherwise have satisfaction for the same upon the Petition of that House whereof he or they are members 11. That all Privie Councellours and Judges may take an Oath the Form whereof to be agreed on and setled by Act of Parliament for the maintaining of the Petition of Right and of certain Statutes made by this Parliament which shall be mentioned by both Houses of Parliament And that an enquiry of all the breaches and violations of those Laws may be given in charge by the Justices of the Kings Bench every Term and by the Judges of Assize in their Circuits and Justices of the Peace at the Sessions to be presented and punished according to Law 12. That all the Judges and all the Officers placed by approbation of both houses of Parliament may hold their places quam diu bene se gesserint 13. That the Justice of Parliament may passe upon all Delinquents whether they be within the Kingdom or fled out of it And that all persons cited by either House of Parliament may appear and abide the censure of Parliament 14. That the general Pardon offered by Your Majestie may be granted with such Exceptions as shall be advised by both Houses of Parliament 15. That the Forts and Castles of this Kingdom may be put under the Command and Custodie of such persons as Your Majestie shall appoint with the approbation of Your Parliament and in the intervals of Parliament with approbation of the major part of the Councel in such manner as is before expressed in
King goeth toward York and is followed with a Petition from the Lords and Commons to Theobalds and another Declaration to Newmarket The King is denyed entrance into Hull by Sir John Hotham 38 CHAP. IV. Many Members of both Houses leave the Parliament and repaire to the King Nine of the Lords who first went away are impeached by the Commons and censured by the Peers The Great Seal is carried away from London to York Some Votes of Parliament concerning the Kings Proceedings A Petition with nineteen Propositions sent from the Parliament to the King 58 CHAP. V. An Order for bringing in of Plate and Money into Guild-Hall The Kings Declaration to the Lords about him Their Profession and Protestation to him The King layeth Siege to Hull but raiseth it again The Earl of Warwick taketh possession of the Navy as Lord Admirall The Earl of Essex is voted in Parliament to be Lord Generall of all their Forces 83 CHAP. VI. A brief Relation of the condition of divers Counties in England when the Parliaments Ordinance for the Militia and the Kings Commission of Array were put in execution With a mention of some Lords and otherswho were actors on either side The Lord Mayor of London committed to the Tower and sentenced by the Parliament A mention of some Declarations Messages and Answers that passed between the King and the two Houses of Parliament 99 BOOK III. CHAP. I. PRince Rupert and Prince Maurice arrive in England The Earl of Essex taking leave of the Parliament goeth to his Command The King increaseth in strength at Shrewsbury A Skirmish at Worcester The great Battell of Keynton is fought 1 CHAP. II. The Parliament send to the King concerning an Accommodation A fight at Brainford Another Treaty with the King begun and broken of Reading besieged by the Lord Generall Essex and surrendred to him A Conspiracy to betray Bristoll A treacherous Plot against the Parliament and City of London discovered and prevented 29 CHAP. III. Matters of State trans-acted in Parliament touching the Assembly of Divines The making of a new Great Seale Impeaching the Queen of High Treason and other things The Lord Generall Essex after some Marches returneth to quarter his wasted and sick Army about Kingston The Kings Forces Masters of the West The Earl of Newcastle his greatnesse in the North. Some mention of the Earle of Cumberland and the Lord FAIRFAX 47 CHAP. IV. Some Actions of Sir Thomas Fairfax in the North. The Queen lands in England The revolt of Sir Hugh Cholmley and the two Hothams The state of this Warre in the Westerne parts The condition of the Associated Counties A short relation of Sir William Waller his Actions of Colonell Cromwell Sir William Brereton and Sir John Gell. 63 CHAP. V. The death of the Lord Brooke and of the Earle of Northampton A short mention of some Actions in divers Counties The low condition of the Parliament at that time The Siege of Gloucester 85 CHAP. VI. The Expedition of the Lord Generall Essex for reliefe of Gloucester The great Battell of Newbury described 101 THE HISTORY OF THE PARLIAMENT OF England CHAP. I. Wherein is a short mention of Queene ELIZABETH King JAMES and the beginning of King CHARLES his Reigne his two first Parliaments Of the Warre with Spaine and France The death of the Duke of BUCKINGHAM And the third Parliament of King CHARLES QUeene ELIZABETH of glorious Memory together with that great Stock of Wealth and Honour which her prudent and just Government had brought to the English Nation had enriched them besides with a greater Treasure which we may justly account the cause of all the rest Religion reformed from Popish Superstition That Reformation engaged the Queene in a new Interest of State to side with the Protestants against those Potent Monarchs of the other Religion which seemed at the beginning as much danger and disadvantage to her as it proved in conclusion security and Honour so impossible it is for any disadvantage to prevaile over them that helpe the Lord against the Mighty That Storme from France which so much threatned the weake beginnings of her Reigne was suddenly blowne over by the death of HENRY the second and some few Moneths after of his Sonne FRANCIS who had married the Queene of Scotland the danger which remained greatest was from Spaine where PHILIP the second then reigned a Prince not greater in Dominion Treasure and Armies then deeply engaged against the Protestant Religion by the instigation and assistance of the Jesuites an Order which in the Age before had beene highly counrenanced by Pope PAUL the third in opposition to the Gospell-Doctrine that then began to spread apace in Germany and other parts The whole Order of Iesuites as endeavouring to set up one Temporall Kingdome of Christendome suitable to the Papall Hierarchy applyed their service altogether to the Monarchy of Spaine as being then far the greatest in Europe and fittest for their purpose by the late uniting of so many Kingdomes and Dutchies under the person of CHARLES the Emperour who by a fortunate birthright inherited together with Casule and Arragon and all the great Acquisitions of his Grandfather FERDINAND in Italy and the West Indies the rich and usefull patrimony of his Father PHILIP Burgundy and the Netherlands all these he had left intirely to his Sonne PHILIP who to so large a Territory had made that strong addition of the Kingdome of Portugall and might seeme an Enemy too mighty for England and all the Protestants of Europe to oppose But Queene ELIZABETH had woven the interest of her own State so inseparably into the cause of Religion it selfe that it was hard to overthrow one without the ruine of the other And God who had given her so much grace and courage as to rely wholly upon him did with that Almighty hand not onely hold her up from sinking but lift her above the heads of all her enemies By what degrees and means she atchieved the great Actions of her reigne and brought so much prosperity to her Nation it is not the scope of this discourse to relate at large for her History is not the worke in hand but only in briefe to declare that before her death she was the happy instrument of God to promote the Protestant Religion in all parts She curbed the Spanish greatnesse by supporting France from ruine to give some balance to the other as she preserved Scotland from being swallowed up by the French before She protected the Hollanders against him vanquished his Armies both by Land and Sea with many other such things as might seeme too much to be the atchievements of one Reigne And last of all she reduced Ireland wholly to obedience notwithstanding all the subtill machinations of Spain and open assistance given in Armes to her Irish Rebels All which she accomplished by the justice and prudence of her government by making the right use of her Subjects hearts hands and Purses in a Parliamentary way as also securing
discontent if they remembred how much he had done this Parliament as his granting that the Iudges hereafter should hold their places quam diù se benè gesserint bounding the Forrest Lawes taking away Ship-money establishing the Subjects property in Tonnage and Poundage granting the Trienniall Parliament free Iustice against Delinquents With other things Concluding graciously That He would omit nothing which might give them just content And when he had signed the forenamed Bills after a short mention of the journey which he intended speedily to take into Scotland he propounded to them a thing very acceptable concerning his Nephew the Prince Elector Palatine that he could not but at the desire of that Prince send an Ambassadour to assist him at the Dyet at Ratisbone with the Emperour and fearing that he should not receive so good an Answer as might in justice be expected For the better countenancing that businesse he intended to publish a Manifesto in his owne name but would not do it but by consent and advice of Parliament without which he conceived it would be a thing of no validity Which Manifesto was afterwards made by the full consent of both Houses and Sir THOMAS ROE a Member of the House and a Gentleman of great abilities was sent to the Emperour at Ratisbone about it but without any good successe At the same time the Queene Mother of France as was before desired by the Parliament was to take her leave of England The King consented to her departure but Money wanting for the Provision of her Journey the Parliament allotted ten thousand pounds to her out of the Poll-Money This great Lady had arrived in England almost three yeares before and so long been entertained by the King her Sonne in Law with great respect and an allowance answerable to support her State 100. l. per diem It was her mis-fortune how farre her crime I cannot tell that during her abode here the two Kingdomes of England and Scotland were imbroyled in great troubles which the People were apt to impute in some measure to her counsels knowing what power the Queene her Daughter had with the King Others taxed her not at all but looked upon other causes the same counsells which long before her arrivall had distempered England but the people made their judgement upon it from her actions or successes in other places But however it were the Queene was fearefull of the people here and had not long before desired to have a guard allowed her pretending feare of her life by reason of some attempts which she conceived made against her upon which a Guard was set about her house Her Regency in France had not beene happy nor according to the interest of that Kingdome though that perchance may be accounted a fault not so particular to her as commonly incident to the Regency of Queene Mothers in that Land In so much as THUANUS commends the saying of CHARLES the ninth a Prince whom otherwise he doth not praise upon his death bed That since he must dye at that age being foure and twenty he thanked God he had no Sonne least France should fall under a Regency of which he had found the sad effects His Mother was KATHERINE DE MEDICIS of the same Family with this Queene After the time of her Regency her actions had been such that the King her Sonne would not harbour her in his owne Kingdome nor was she welcome into the Territories of her Sonne in Law the King of Spaine But the people there were no lesse desirous of her departure then afterward in England Insomuch as she became a strange example of the instability of humane fortunes that so great a Queen and Mother to so many mighty Princes should want a quiet Harbour for her age Not long after her departure from England she died at Culleine and might seeme a parallel in some things to the same Empresse who founded that City and there planted a Roman Colony AGRIPINA wife to CLAUDIUS CESAR and Mother to NERO They both had tasted of power been active in it but not pleasing to the people They were both taught that the greatnesse of their Sonnes was not so much advantage to their Power as they had hoped and had learned that all power dependent upon another is of small validity and lesse stability as TACITUS observes speaking of the same AGRIPINA Nihil rerum mortalium tam instabile fluxum est quam fama potentiae non sua vi nixa About two Moneths before the departure of this Queene the Princesse MARY eldest daughter to the King not yet ten yeares of age was married with great triumph at White-Hall to the young Prince of Orange WILLIAM Bishop WRENNE being then Deane of the Kings Chappell performed the solemnity on Sunday the second of May 1641. The Marriage had been before debated of in Parliament and consented to The King himselfe upon the ninth of February having declared to the Lords what large Propositions the Ambassadours of the States had made to him upon that purpose The people in generall were pleased with this Marriage and glad the King had chosen out a Protestant Prince and servant to a State which had beene long confederate with England and whose interest carried them the same way Professors of the same Religion and in that kinde of Discipline to which the greatest part of Parliament and People were inclined and hoped though at that time it was not so fully declared as afterward to reforme the Church of England to as that of Scotland already was By this Match of the Kings owne chusing they began to hope that the Spanish Faction in Court was not now at all prevalent but that things might hereafter be carried according to the right English way In this hope they were the more confirmed seeing the Parliament go on without any opposition from the King no dissention having yet happened nor likely to happen as they conceived for that Conspiracy of bringing up the Army against the Parliament which we touched before was not yet discovered nor at all thought of though within few daies after it broke out But some there were who suspended their joy and were not much confident that this Marriage would bring happinesse to England unlesse the King were perfectly right with his People and wished the same thing they did considering at one side the condition of the Prince of Orange and that he might be ambitious of more then was due to him and for that reason ingage himselfe in a reciprocall way for the King against his People if occasion served On the other side they considered the States as Polititians of this world and men who had other interests then that of Religion and if dissention should in England happen betweene Prince and People which was never but feared in some degree might be apt to side with the King against the just freedome of the Subject which must needs depresse the strength of England and keepe it from so much greatnesse
in the House of Lords concerning a Bill for pressing of Souldiers had broken the fundamental Priviledge of Parliament which is that he ought not to take notice of any matter in agitation or debate in either House but by their information and agreement and that he ought not to propound any condition or limitation to a Bill in debate and preparation or to manifest his approbation or dislike of the same until it be presented to his Majestie in due course of Parliament and that every particular Member of either House hath free liberty of speech to propound or debate matters according to Order of Parliament and that the King ought not to conceive displeasure against him for such opinions or propositions They intreated likewise a reparation for that great breach of Priviledge and for prevention of the like that the King would make known who they were by whose mis-information and evil counsel he had done it that they might receive conding punishment This businesse took up some time and was one unhappie impediment to the sudden relief of Ireland notwithstanding the high necessities of that Kingdom and the affections of England in general to it and so heavily went on all preparations that it was long before the House of Commons could finde means to enable the Lord Lieutenant to send over so much as one Regiment for defence of the Castle and City of Dublin which was commanded by a worthy Gentleman Sir SIMON HARCOUT who being designed Governour of the City of Dublin was sent away by Order of Parliament with his Regiment and landed there on the last day of December 1641 to the great comfort of that City being much distressed and terrified by the neer approach of the Irish Rebels Another obstruction of the relief of Ireland happened about three weeks after when the Scots delivered eight Propositions to the English Parliament touching the sending over of Two thousand five hundred Scots which were then in readinesse into the north of Ireland Both Houses of Parliament consented to all the Propositions but the King excepted against one of them being the third which was That the Scots desired to have the keeping of the Town and Castle of Carricksergus with power to remain there or enlarge their Quarters at discretion and if any Regiments or Troops in that Province should joyn with them that they receive Orders from the chief Commander of the Scotish Forces Against this Article the King took exceptions and desired the Houses to take it again into consideration as a thing of importance which he doubted might be prejudicial to England But if the House desired it should be so himself would speak with the Scotish Commissioners to see what satisfaction he could give them therein The Scots told his Majestie that since it was agreed ●pon by both Houses of Parliament and that the strength of his Majesties argument was That Article implied too great a Trust for Auxiliary Forces they were in good hope that his Majestie being their native King would not shew lesse trust in them then their neighbour-Nation had freely done Upon which the King at last was content to admit the Article and the advice of his Parliament This fatal obstruction of Ireland's relief did but second another immediately before For at the first the Commissioners of Scotland had not power given them from the State there to treat for sending over a lesse number then ten thousand men which the Lords were unwilling to yeeld to But that obstacle seemed to be removed by the zealous affection of the House of Commons who according to those Instructions of the State of Scotland to their Commissioners voted the sending over of ten tho●sand Scots But the House of Lords after long debate would not yeeld unto it unlesse the House of Commons would give assurance that ten thousand English might be as speedily sent over which the Commons as much desired and promised their endeavour in it but that the English then could not be so soon raised much lesse transported as the Scots every man understood There was no other reason given that ever I understood but onely That it was dishonorable for England that Ireland should be reduced by the Scots and this was the discourse of Papists and other persons disaffected to the Cause among the people every where Though it were much wondered at by all good Protestants that so nice a point of Honour should be stood upon when their Religion and Cause lay bleeding in Ireland after so sad and deplorable a kinde which began to deject the spirits of the poor Protestants in Ireland and make them suspect some secret workings under-hand against the good affections expressed by the House of Commons and those Lords who were well-affected to the State for they by the greater number were over-voted so many Popish and ill-affected Lords besides four and twenty Bishops for the Bishops voices in Parliament were not then taken away sitting in that House It was then also generally talked and much complained of among the well-affected people that the King had been so backward in proclaiming those barbarous Irish Rebels and not onely talked among the people but alleadged by the Parliament it self in their own Declaration afterward when the breach between King and Parliament grew greater as a signe that those inhumane Rebels had been countenanced by the Court of England in that the Proclamation whereby they were declared Traitors was so long with held as till the first of January though the Rebellion broke forth in October before and then no more then fourty Copies were appointed to be printed with a special command from His Majestie not to exceed that number and that none of them should be published till the Kings pleasure were further signified as by the Warrant appears a true copie whereof was printed so that a few onely could take notice of it And this say they was made more observable by the late contrary proceedings against the Scots who were in a very quick and sharp manner proclaimed and those Proclamations forthwith dispersed with as much diligence as might he thorow all the Kingdom and ordered to be read in every Church accompanied with publike Prayers and Execrations That Declaration of the Lords and Commons in which this is expressed concerning the Kings slowe proclaiming of the Irish Rebels was published when the King was gone to York at which he was much distasted in many particulars and returned Answer to them Among others because that of Ireland seemed to lie heavie upon his reputation it is just that the Reader should see the King 's own Answer to that point that he may the more fairly judge which shall be therefore inserted in the very words of the Kings Declaration To countenance those unhandsome expressions whereby usually they have implied Our connivence at or want of zeal against the Rebellion of Ireland so odious to to all good men they have found a new way of exprobation That the Proclamation against those bloodie
him no reparation would make the World believe that his priviledges were lesse then any Subjects in the Land and that it was more lawful to rob him of his proper Goods then the meanest Member of the Kingdom He sent also at the same time a Letter to the Maior of Hull commanding him and all Officers of that Town to take care that no part of the Magazine should be removed or transported out of the Town under any pretence of Order or Power whatsoever without his Royal Assent under his Hand He caused likewise all Passages between Hull and London to be stopped up and by that means apprehended a servant of Sir JOHN HOTHAM'S going with a Letter to the Parliament concerning the proceedings before mentioned The Parliament immediately upon notice of these things declared their reasons for Hull and that the stopping of Passages and intercepting of Messengers or Letters to or from the Parliament or in their service was an high breach of the Priviledges of Parliament which by the Laws of the Land and their Protestation they were bound to defend and punish the violators authorizing by Ordinance of both Houses all Sheriffs Justices Constables and other Officers to aid them employed in the said service for their more speedie free and safe passage giving Order also to the said Officers within the Counties of York and Lincoln to suppresse any Armies raised to force Hull or stop the passages before mentioned in disturbance of the Kingdom 's peace It was voted by them two days after that Sir JOHN HOTHAM had done nothing but in obedience to the Command of both Houses of Parliament Resolved also it was upon the Question That this declaring of Sir JOHN HOTHAM Traitor being a Member of the House of Commons was an high breach of the Priviledge of Parliament Resolved again That declaring Sir JOHN HOTHAM Traitor without due Processe of Law was against the Liberty of the Subject and Laws of the Land An Order of Assistance was then given to the Earl of Stamford the Lord WILLOUGHBY of Parham Sir EDWARD AYSCOUGH Sir CHRISTOPHER WRAY Sir SAMUEL OWFEILD and Master HATCHER as Committees of both Houses sent down to Hull and the two Counties of York and Lincoln for service of the Kindom that all Sheriffs Justices Maiors c. should be assisting to them upon all occasions To that Declaration Votes and Orders of Assistance of both Houses of Parliament the King on the fourth of May returned an Answer wherein at large he expresses how hainous the affront was and how much he accounts himself injured by the Parliament in not repairing him against HOTHAM labouring to prove by ancient Statutes there cited that Sir JOHN HOTHAM'S denial of entance to him was absolutely high Treason by the Law of the Land Upon this subject within the space of one week two other Declarations and Answers passed between the King and both Douses too large to be here inserted but the scope of the King's Declarations in general are to vindicate his own Rights and dignity allowed him as King by the Laws of the Land wherein he seemeth not to take notice of the present occasion or such things as are conceived dangers and thought necessary to prevent by a Parliament sitting The Parliament on the other side with all humility and reverent expressions to the Kings Person seeming to take no notice of any affront offered or intended to his Majestie himself but onely of preserving Hull the Militia and Navie out of the hands of those wicked Counsellors which they conceived to be too prevalent with him to the danger of ruining the Kingdom and himself both which they laboured to preserve and were lawfully called to it by that Authority which belongs to Parliaments by the Fundamental Constitution of English Government They desire to inform the King that his Interest in Towns Arms or the Kingdom it self is not of that kinde that private men have interest in their Goods to sell or dispose of at pleasure but onely as entrusted to him for the good of all in performance of which trust none but the Parliament while it sitteth are or ought to be his Counsellors and directors that there can be no good or useful disputation where the Principles are not granted and it was ever heretofore taken say they for a certain Principle That the Parliament sitting is the onely Judge of what is dangerous to the Common-wealth and what useful as likewise what is lawful in those cases which the King by advice of no private Counsel whatsoever ought to control or contradict which Principle till the King will be pleased rightly to apprehend Disputations and Declarations are endlesse and no true understanding between him and his people can be begotten Of all these things if a Reader desire to be satisfied in particular he may sinde the questions all fully stated by the Parliament and the King's desires expressed by himself in two large Declarations one called the Parliaments third Remonstrance dated the 26 of May 1642 and the King's Answer to that Remonstrance But things began to go on in an high manner the Parliament authorizing Sir JOHN HOTHAM to issue out Warrants to Constables and other Officers to come with Arms for the defence of Hull and the King on the other side forbidding any such Warrants bringing or training without an expresse Authority under his hand The King had summoned the Gentry of that County to attend him at the City of York which they accordingly did upon the 12 of May 1642 where he caused after he had spoken some few words to them to be read aloud in their hearing his Answer to the Declaration of both houses concerning Hull the Answer of the Parliament to his two Messages concerning Hull together with his Reply to the same and his Message to both houses declaring the reasons why he refused to passe that Bill of the Militia after which he proceeded in a Speech to them wherein he strove to make them apprehend that traiterous attempts might be against his Person and for that reason he desired a Guard of Horse and Foot to be levied there for his defence He complained likewise that the Committee of Parliament consisting of four Members of the house of Commons FERDINANDO Lord FAIRFAX Sir HUGH CHOLMLEY Sir PHILIP STAPLETON and Sir HENRY CHOLMLEY refused to obey his Command for they being there employed in their own Country by the Parliament to do service to the State were commanded by the King to depart out of the County which they durst not do against the intention of the Parliament who employed them there But the King in that Speech to the County bade them take heed of those four Gentlemen not knowing what doctrine of disobedience they might preach to the people under colour of obeying the Parliament The King's Speech and Declaration read seemed to be much applauded by many Gentlemen and their servants as when those things which came from the Parliament were read the same persons expressed
furnish by way of Loan unto the Committee of Lords and Commons for the defence of the Kingdom the sum of one hundred thousand pounds for the supply of the publike necessity for defence of the King Parliament and Kingdom upon the publike Faith to be repayed duely and carefully within so short a time that it shall not be diverted from that purpose for which it was intended or any way frustrate the Acts already made in the behalf of that Adventure During the time of these Paper-conflicts the King in person had often removed and visited many places To the Gentry of Leicestershire he made a Speech on the 20 of Iuly after his usual manner with Protestations of his great love to the people and care of the Kingdom And from thence removing Northward on the fourth of August he made a Speech after the same manner to the Gentry of York-shire from whence he returned back to Nottingham and there set up his Standard Royal. Very few people resorted to it Nor had the King at this time a considerable strength to guard his Person if any attempts had been to have seized upon him From Nottingham on the 25 of August the King sent a Message to the Parliament by the Earls of Southampton and Dorset and Sir JOHN CULPEPER one of the Members of the House of Commons who had deserted the Parliament and went to the King at York having not long before been made by him Chancellour of the Exchequer The King's Message to both Houses of Parliament from Nottingham Aug. 25. 1642. We have with unspeakable grief of heart long beheld the Distractions of this Our Kingdom Our very Soul is full of Anguish until We may finde some Remedy to prevent the Miseries which are ready to overwhelm this whole Nation by a Civil War And though all Our endeavours tending to the composing of those unhappie Differences betwixt Vs and Our two Houses of Parliament though pursued by Vs with all Zeal and Sincerity have been hitherto without that Successe we hoped for yet such is Our constant and earnest care to preserve the publike Peace that We shall not be discouraged from using any Expedient which by the blessing of the God of mercy may lay a firm foundation of Peace and Happinesse to all Our good Subjects To this end observing that many Mistakes have arisen by the Messages Petitions and Answers betwixt Vs and Our two Houses of Parliament which haply may be prevented by some other way of Treaty wherein the matters in difference may be more clearly understood and more freely transacted We have thought fit to propound to you That some fit persons may be by you enabled to treat with the like number to be authorized by Vs in such a manner and with such freedom of Debate as may best tend to that happie Conclusion which all good men desire The Peace of the Kingdom Wherein as We promise in the word of a King all safety and encouragement to such as shall be sent unto Vs if you shall chuse the place where We are for the Treaty which we wholly leave to you presuming the like care of the safety of those We shall employ if you shall name another place So We assure you and all Our good Subjects that to the best of Our understanding nothing shall be therein wanting on our part which may advance the true Protestant Religion oppose Popery and Superstition secure the Law of the Land upon which is built as well Our just Prerogative as the Propriety and Liberty of the Subject confirm all just Power and Priviledges of Parliament and render Vs and Our people truely happie by a true understanding betwixt Vs and Our two Houses of Parliament Bring with you as firm resolutions to do your duty and let all Our People joyn with Vs in Our prayers to Almighty God for his blessing upon this Work If this Proposition shall be rejected by you We have done Our duty so amply that God will absolve Vs from the guilt of any of that blood which must be spilt And what opinion soever other men may have of Our Power We assure you nothing but Our Christian and pious care to prevent the effusion of blood hath begot this motion Our provision of Men Arms and Money being such as may secure Vs from further violence till it please God to open the eyes of Our People The Answer of the Lords and Commons to the King's Message of the 25 of August 1642. May it please Your Majestie The Lords and Commons in Parliament assembled having received Your Majesties Message of the 25 of August do with much grief resent the dangerous and distracted state of this Kingdom which we have by all means endeavoured to prevent both by our several Advices and Petitions to Your Majestie which have been not onely without successe but there hath followed that which no evil Counsel in former times hath produced or any age hath seen Those several Proclamations and Declarations against both the Houses of Parliament whereby their Actions are declared Treasonable and their Persons Traitours and thereupon Your Majestie hath set up Your Standard against them whereby you have put the two Houses of Parliament and in them this whole Kingdom out of Your Protection So that until Your Majestie shall recal those Proclamations and Declarations whereby the Earl of Essex and both Houses of Parliament their adherents and assistants and all such as have obeyed and executed their Commands and Directions according to their duties are declared Traitors or otherwise Delinquents and until the Standard set up in pursuance of the said Proclamations be taken down Your Majestie hath put us into such a condition that whilst we so remain we cannot by the Fundamental Priviledges of Parliament the publike Trust reposed in us or with the general good and safety of this Kingdom give Your Majestie any other Answer to this Message Within few days after the King sent Instructions under his Privie Signet to his Commissioners of Array for the several Counties of England and Wales as to Marquesse Hartford whom the King had made Lieutetenant-General of all the Western Counties as is before expressed to the Earl of Cumberland Lord-Lieutenant of York-shire and the Lord STRANGE Lieutenant for Lancashire and Cheshire in which Instructions he commands them to pursue the Earl of Essex whom he again calls Rebel and Traitour Immediately after the King sent a Reply to that Answer of the Parliament to his last Message of the 25 of August which being short that the Reader may the more truely inform himself of the nature of this strange division I shall wholly insert in the very words We will not repeat what means We have used to prevent the dangerous and distracted estate of the Kingdom nor how those means have been interpreted because being desirous to avoid effusion of blood We are willing to decline all memory of former Bitternesse that might make Our offer of a Treaty lesse readily accepted We never
slaine That Commission of Array was directed from the King to Sir NICHOLAS CRISPE Sir GEORGE STROUD Knights to Sir THOMAS GARDINER Knight Recorder of London Sir GEORGE BINION Knight RICHARD EDES and MARMADUKE ROYDEN Esquires THOMAS BROWNE PETER PAGGON CHARLES GENNINGS EDWARD CARLETON ROBERT ABBOT ANDREW KING WILLIAM WHITE STEVEN BOLTON ROBERT ALDEM EDMUND FOSTER THOMAS BLINKHORNE of London Gentlemen and to all such other persons as according to the true intent and purport of that Commission should be nominated and appointed to be Generals Colonels Lieutenant Colonels Serjeant Majors or other Officers of that Councell of Warre The Commission it selfe is to be read at large in the Parliament Records But this Conspiracy was prevented and proved fatall to some of the Contrivers being detected upon the last day of May which happened at that time to be the day of the Monethly Fast and Master WALLER Master TOMKINS with other of the forenamed Conspirators being apprehended were that night examined by divers grave Members of the Parliament of whom Master PYM was one and afterwards reserved in custody for a Tryall They were arraigned in Guild-Hall and Master WALLER Master TOMKINS Master CHALLONER Master HASELL Master WHITE and Master BLINKHORNE were all condemned none were executed but Master TOMKINS and Master CHALLONER being both hanged Master TOMKINS in Holborne and Master CHALLONER in Cornhill both within sight of their own dwelling houses Master HASELL dyed in Prison BLINKHORNE and the other were by the mercy of the Parliament and the Lord Generall Essex reprived and saved afterwards Master WALLER the chiefe of them was long detained Prisoner in the Tower and about a yeare after upon payment of a Fine of ten thousand pounds was pardoned and released to go travell abroad It was much wondered at and accordingly discoursed of by many at that time what the reason should be why Master WALLER being the principall Agent in that Conspiracy where Master TOMKINS and Master CHALLONER who had been drawne in by him as their own Confessions even at their deaths expressed were both executed did escape with life The onely reason which I could ever heare given for it was That Master WALLER had been so free in his Confessions at the first without which the Plot could not have been clearly detected That Master PYM and other of the Examiners had ingaged their promise to do whatever they could to preserve his life He seemed also much smitten in conscience and desired the comfort of godly Minister being extremely penitent for that soule offence and afterwards in his Speech to the House when he came to be put out of it much be wailed his offence thanking God that so mischievous and bloody a Conspiracy was discovered before it could take effect CHAP. III. Matters of State trans-acted in Parliament touching the Assembly of Divines The making of a new Great Seale Impeaching the Queene of High Treason and other things The Lord Generall Essex after some Marches returneth to quarter his wasted and sick Army about Kingston The Kings Forces Masters of the West The Earl of Newcastle his greatnesse in the North. Some mention of the Earle of Cumberland and the Lord FAIRFAX AT the same time that these Conspiracies were closely working to undermine the Parliament and Warre was raging in highest fury throughout the Kingdome many State-businesses of an unusuall nature had been trans-acted in the Parliament sitting For things were growne beyond any president of former ages and the very foundations of Government were shaken according to the sense of that Vote which the Lords and Commons had passed a yeare before That whensoever the King maketh Warre against the Parliament it tendeth to the dissolution of this Government Three things of that unusuall nature fell into debate in one moneth which was May 1643. and were then or soone after fully passed one was at the beginning of that moneth concerning the Assembly of Divines at Westminster Among other Bils which had passed both Houses and wanted onely the Royall Assent that was one That a Synod of Divines should be chosen and established for the good and right settlement of Religion with a fit Government for the Church of England This Bill was oft tendred to the King to passe but utterly refused by him The matter therefore was fully argued what in such cases might be done by Authority of Parliament when the Kingdomes good is so much concerned when a King refuseth and wholly absenteth himselfe from the Parliament And at last it was brought to this conclusion That an Ordinance of Parliament where the King is so absent and refusing is by the Lawes of the Land of as good Authority to binde the people for the time present as an Act of Parliament it selfe can be It was therefore Voted by the Lords and Commons That the Act for an Assembly of Divines to settle Religion and a forme of Government for the Church of England which the King had oft refused to passe should forthwith be turned into an Ordinance of Parliament and the Assembly thereby called debate such things for the settlement of Religion as should be propounded to them by both Houses which not long after was accordingly put in execution The case seemed of the same nature with that of Scotland in the yeare 1639. when the Scottish Covenanters as is before mentioned in this History upon the Kings delay in calling their Nationall Synod published a writing to that purpose That the power of calling a Synod in case the Prince be an Enemy to the truth or negligent in promoting the Churches good is in the Church it selfe In the same moneth and within few daies after another businesse of great consequence was by the Lords and Commons taken into consideration which was the making of a new Great Seale to supply the place of that which had been carried away from the Parliament as before is mentioned This businesse had been fully debated in the House of Commons and the Moneth following at a Conference between both Houses the Commons declared to the Lords what great prejudice the Parliament and whole Kingdome suffered by the absence of the Great Seale and thereupon desired their speedy compliance in Votes for the making of a new one The matter was debated in the House of Peeres put to Votes and carried for the negative The onely reason which they alleadged against the making of a new Seale was this That they have hitherto dispatched all business since the absence of the Seale by vertue of Ordinances of Parliament and they conceived that the same course might still be kept in what matters soever were necessary to be expedited for the good of the Kingdome without a Seale Yet the Lords gave a respective answer That if the House of Commons would informe them in any particular cases wherein the Kingdomes prejudice by absence of the Great Seale could not be remedied by vertue of an Ordinance they would take it into further consideration to induce complyance accordingly Neither was
it long before the Lords upon reasons shewed concurred with the House of Commons who about the beginning of Iuly presented to the Lords at a Conference the Votes Which had before passed in their House together with the reasons for making of a new Great Seale The Votes were these Resolved upon the Question June 14. 26. 1. THat the Great Seale of England ought to attend the Parliament 2. That the absence of it hath been a cause of great mischiefe to the Common-wealth 3. That a remedy ought to be provided for these mischiefs 4. That the proper remedy is by making a new Great Sale The reasons which they gave were divided into two branches The first declaring those mischiefes which were occasioned by conveying away the Great Seale from the Parliament The second expressing those inconveniences and mischiefes which proceeded from the want of the Great Seale with them The reasons of the first kinde were thus 1. It was secretly and unlawfully carried away by the Lord Keeper contrary to the duty of his place who ought himselfe to have attended the Parliament and not to have departed without leave nor should have been suffered to convey away the Great Seale if his intentions had been discovered 2. It hath been since taken away from him and put into the hands of other dangerous and ill-affected persons so as the Lord Keeper being sent unto by the Parliament for the sealing of some Writs returned answer That he could not Seale the same because he had not the Seale in his keeping 3. Those who have had the managing thereof have imployed it to the hurt and destruction of the Kingdome many waies as by making new Sheriffes in an unusuall and unlawfull manner to be as so many Generals or Commanders of Forces raised against the Parliament by issuing out illegall Commissions of Array with other unlawfull Commissions for the same purpose By sending sorth Proclamations against both Houses of Parliament and severall Members thereof proclaiming them Traytors against the Priviledges of Parliament and Laws of the Land By sealing Commission of Oyer and Terminer to proceed against them and other of His Majesties good Subjects adhering to the Parliament as Traytors By sending Commissions into Ireland to treat a peace with the Rebels there contrary to an Act of Parliament made this Session Besides divers other dangerous Acts passed under it since it was secretly conveyed away from the Parliament whereby great calamities and mischiefes have ensued to the prejudice of the Kingdome Mischiefes arising through want of the Great Seale 1. The Termes have been adjourned the course of Justice obstructed 2. No originall Writs can be sued forth without going to Oxford which none who holds with the Parliament can do without perill of his life or Liberty 3. Proclamations in Parliament cannot issue out for bringing in Delinquents impeached of High Treason or other crimes under paine of forfeiting their Estates according to the ancient course 4. No Writs of Errour can be brought in Parliament to reverse erroneous judgements nor Writs of Election sued out for chusing new Members upon death or removall of any whereby the number of the Members is much lessened and the Houses in time like to be dissolved if speedy supply be not had contrary to the very Act for continuance of this Parliament 5. Every other Court of Justice hath a peculiar Seale and the Parliament the Supreme Court of England hath no other but the Great Seale of England which being kept away from it hath now no Seale at all and therefore a new Seale ought to be made 6. This Seale is Clavis Regni and therefore ought to be resident with the Parliament which is the representative Body of the whole Kingdome whilest it continues sitting the King as well as the Kingdom being alwaies legally present in it during the Session thereof The Lords upon these reasons concurred with the House of Commons and order was given that a new Great Seale should forthwith be made which was accordingly done It should seeme the King was not well pleased with this action of the Parliament as appeared by what was done at Oxford above a yeare after when the King assembled together the Lords which were with him and all those Gentlemen that had been Members of the House of Commons and had deserted the Parliament at Westminster whom the King called his Parliament at Oxford and propounded many things for them to debate upon amongst which it was taken into debate and resolved upon the Question by that Assembly at Oxford That this very action which they stile counterfeiting the Great Seale was Treason and the whole Parliament at Westminster eo facto guilty of High Treason But this was passed at Oxford long after of which occasion may be to speak further hereafter But at the time when the Parliament made their new Great Seale the people stood at gaze and many wondered what might be the consequence of so unusuall a thing Some that wholly adhered to the Parliament and liked well that an action so convenient and usefull to the present state was done by them looked notwithstanding upon it as a sad marke of the Kingdomes distraction and a signe how irreconcileable the difference might grow betweene the Parliament and the Kings Person For the legality or justnesse of making of the Seale there was little dispute or argument among those who were not disaffected to the Parliament and though there were no direct or plaine precedent for it for the case of a Kings being personally in Warre against the Parliament sitting was never before yet by comparison with other times when the necessities of State have required such a thing it was not onely allowed but thought requisite I do not know of any thing written against it by any Lawyers or other of the Kings Party but Master PRYNNE a learned Lawyer and great Antiquary of the Parliament side hath written a copious discourse in justification of it both by arguments of reason and many neere-resembling precedents of former times called The opening of the Great Seale of England which is extant to be read by any that would be satisfied what power from time to time Parliaments have challenged and been allowed over that Seale both in making of it in the infancy or absence of Princes and disposing of it in the dotage or wilfulnesse of others But before this businesse was fully concluded another thing which seemed as great a signe how wide the rent was growne fell into debate in the House of Commons Some time was spent in consultation about it and much arguing on both sides The matter was about charging the Queene of High Treason To that purpose many Articles of an high nature were drawne up against her some of them were That she had pawned the Crowne Jewels in Holland That she had raised the Rebellion in Ireland That she had indeavoured to raise a Party in Scotland against the Parliament That she had gone in the head of
a Popish Army in England For not long before this time the Queene with Armes and Ammunition from the Low-Countries and Commanders of Warre from thence had landed in the North of England been entertained there by the Earle of Newcastle and by him and others with strong Forces conveyed to the King at Oxford whereof more particulars will be related hereafter Divers other Articles were framed against the Queene upon which within few Moneths after she was impeached of High Treason by the House of Commons and the Impeachment carried up by Master PYMME to the House of Peeres where it stuck for many moneths but was afterward passed there also and may be further discoursed of in the due time It had been likewise before Ordered by both Houses and was now accordingly put in execution that the King and Queenes Revenue comming into the Exchequer should be detained and imployed to the Publike Service of the Common-wealth a Committee was chosen of Lords and Commons to dispose of it to the best uses Divers necessary charges of the State were defrayed by it and among others which seemed a kinde of just retalliation many Members of both Houses of Parliament whose whole Estates had been seized upon by the Kings Armies were in some measure relieved at London out of his Revenue and thereby enabled to subsist in that Publike Service to which they had beene called But so exceeding great by this time were the charges growne for supportation of so spreading a Warre that no Contributions nor Taxes whatsoever were thought sufficient unlesse an Excize were imposed upon Commodities according to the way of the Netherlanders such as Beere Wine Tobacco and Meat which was taken into consideration by both Houses and this Summer agreed upon But the Excize was layed with much gentlenesse especially upon all Victuals of most common and necessary use insomuch that it was little felt either by the rich or poore people and yet amounted monethly to a very considerable summe though the Kings Quarters were then the greatest part of England for the City of London was within the Parliament Quarters To returne againe to the Lord Generall ESSEX His Excellency in May 1643. having as aforesaid received intelligence of the defeat given to the Parliament Army in the West and in what condition things there stood not being able with his owne Forces to give them reliefe sent order to Sir WILLIAM WALLER whose actions shall be anon mentioned in a Series by themselves to march thither in assistance of the Devonshire Forces and writ his Command to the Governour of Bristoll to aid him with such Horse and Foot as he could conveniently spare out of his Garrison But things could not at that time be put in execution according to his desires and before Sir WILLIAM WALLER could get farre into the West Prince MAURICE Marquesse HARTFORD and Sir RALPH HOPTON were joyned all together The Lord Generall since it was much desired by the City of London from whom the supplies of money were to come that he should move with his whole Army towards Oxford was content though somewhat against his judgement to proceed in that Designe and marched with the maine Body to Thame to meet there with the Forces sent from the associated Counties to his assistance from whence as a person whose care and Command extended over the whole Kingdome which was now overspread with a generall Warre and wasted by many Armies at once he granted a Commission by direction of the Parliament to the Lord FIELDING now Earle of Denbigh by the late death of his Father who was slaine in a Skirmish fighting against the Parliament to be Generall of foure Counties Shropshire Worcester Stafford and Warwick-shire to leavy Forces there and conduct them into any part of the Kingdome against the Kings Power according to directions from the Parliament or Lord Generall He granted also at the same time another Commission in the like manner to Sir THOMAS MIDDLETON to raise Forces as Generall of all North Wales At Thame the hand of God in an extreme increase of sicknesse hundreds in a day desperately ill did visite the Lord Generals Army and by strange unseasonablenesse of weather and great raine continuing fourteene daies the place being upon a flat moist and clayie ground made it impossible for him to advance from that Quarter In which time the Army was by sicknesse and departure of most of the Auxiliary Forces brought to a number utterly unable to attempt the former designe without certaine ruine the situation of Oxford upon the River of Thames considered for the Lord Generall conceived it impossible as himselfe expressed to block up the Towne without a double number to what he then had But when the raine ceased and the waters were so much abated as to make the waies passable intelligence was brought that Prince RUPERT had drawne out his Horse and Foot toward Buckingham with his Canon also and had called in the Country making open profession before them that he would give Battell to the Generall The Generall marched with some speed toward Buckingham to fight with him When he came within two miles of that Towne he found the case farre otherwise and had intelligence that the Prince had quitted Buckingham in a kinde of disorderly manner that the night before he had horsed his Foot and marched away leaving some of his Provisions behinde him The Lord Generall understood well that it was not possible for him with his Traine of Artillery and Foot Companies to follow the Enemy to any advantage For if he had been at that time strong enough in Horse his desire was to have hindered Prince RUPERT from joyning with the Queene who then was marching with a good Convoy of Horse from the Northerne parts of England where she had arrived from the Netherlands toward Oxford But being not able to follow that designe he desisted from his march to Buckingham sending into the Town a Party of his Horse to quarter there that night and to bring away that Provision which the Enemy had left there He himselfe with the rest of his Army marched to great Brickhill a place most convenient to lye betweene the Enemy and London to defend the Associated Counties to assist or joyne with the Forces of the Lord GRAY of Grooby Sir JOHN MELDRUM and Colonell CROMWELL to whom he had before written that if they could possibly they should fight with the Queens Forces and stop her passage to the King But it seemed that the businesse could not be done that the Queene and Prince RUPERT were suffered to joyne together with all their Forces Sir WILLIAM WALLER had beene long victorious in the West yet now the Parliaments fortune almost in every place began to faile and intelligence was brought to the Lord Generall that Sir WILLIAM having almost gained the whole West and besieging Sir RALPH HOPTON in the Devizes a Towne of Devonshire was on a sudden by unexpected Forces from Oxford under the conduct of